Norfolk Island Legislation Amendment (Public Sector Employment and Education) Ordinance 2018 (Cth)
Norfolk Island Legislation Amendment (Public Sector Employment and Education) Ordinance 2018
I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Ordinance.
Dated 15 March 2018
Peter Cosgrove
Governor‑General
By His Excellency’s Command
Dr John McVeigh
Minister for Regional Development, Territories and Local Government
Contents
1............ Name............................................................................................................................. 1
2............ Commencement............................................................................................................. 1
3............ Authority....................................................................................................................... 1
4............ Schedules...................................................................................................................... 1
Schedule 1—Public sector employment legislation 2
Part 1—Application and amendment of certain public sector employment legislation 2
Norfolk Island Applied Laws Ordinance 2016 2
Part 2—Consequential amendments of continued laws 9
Norfolk Island Continued Laws Ordinance 2015 9
Schedule 2—Education legislation 10
Part 1—Application and amendment of certain education legislation 10
Norfolk Island Applied Laws Ordinance 2016 10
Part 2—Repealing the Education Act 1931 (Norfolk Island) and the Education Regulations (Norfolk Island) 18
Norfolk Island Continued Laws Ordinance 2015 18
Part 3—Consequential amendments of other continued laws 19
Norfolk Island Continued Laws Ordinance 2015 19
Part 4—Consequential amendments of applied laws 21
Norfolk Island Applied Laws Ordinance 2016 21
1 Name
This Ordinance is the Norfolk Island Legislation Amendment (Public Sector Employment and Education) Ordinance 2018.
2 Commencement
(1) Each provision of this Ordinance specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
| Commencement information | ||
| Column 1 | Column 2 | Column 3 |
| Provisions | Commencement | Date/Details |
| 1. Sections 1 to 4 and anything in this Ordinance not elsewhere covered by this table | The day after this Ordinance is registered. | 22 March 2018 |
| 2. Schedule 1 | The day after this Ordinance is registered. | 22 March 2018 |
| 3. Schedule 2 | Immediately after the commencement of the provisions covered by table item 2. | 22 March 2018 |
Note: This table relates only to the provisions of this Ordinance as originally made. It will not be amended to deal with any later amendments of this Ordinance.
(2) Any information in column 3 of the table is not part of this Ordinance. Information may be inserted in this column, or information in it may be edited, in any published version of this Ordinance.
3 Authority
This Ordinance is made under section 19A of the Norfolk Island Act 1979.
4 Schedules
Each instrument that is specified in a Schedule to this Ordinance is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Ordinance has effect according to its terms.
Schedule 1—Public sector employment legislation
Part 1—Application and amendment of certain public sector employment legislation
Norfolk Island Applied Laws Ordinance 2016
1 Section 5
Insert:
applied industrial relations law means any of the following applied laws:
(a) the Anti‑Discrimination Act 1977 (NSW);
(b) the First State Superannuation Act 1992 (NSW);
(c) the Government Information (Public Access) Act 2009 (NSW);
(d) the Government Sector Employment Act 2013 (NSW);
(e) the Industrial Relations Act 1996 (NSW);
(f) the Public Finance and Audit Act 1983 (NSW);
(g) the Superannuation Administration Act 1996 (NSW);
(h) the Teaching Service Act 1980 (NSW);
(i) the Workers Compensation Act 1987 (NSW);
(j) the Work Health and Safety Act 2011 (NSW);
(k) the Workplace Injury Management and Workers Compensation Act 1998 (NSW);
(l) legislation made under a law referred to in any of the preceding paragraphs.
2 Subsection 6(2)
Omit “The”, substitute “Subject to section 6A, the”.
3 After section 6
Insert:
6A Interpretation and application of applied industrial relations laws
(1) Subject to this section, the Interpretation Act 1987 (NSW) applies, without the amendments made by this Ordinance, in relation to an applied industrial relations law.
(2) A reference in an applied industrial relations law to New South Wales in a geographical sense, however expressed, is taken to include a reference to the Territory.
(3) The following provisions of the Interpretation Act 1987 (NSW), as amended by this Ordinance, apply in relation to an applied industrial relations law:
(a) section 38D (special rules relating to the Parliament);
(b) section 53B (establishment or appointment of statutory bodies);
(c) section 75A (publication in Territory or Commonwealth Gazette).
(4) An applied industrial relations law applies, in the Territory, only in relation to the following:
(a) an officer or employee of New South Wales;
(b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979);
(c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979);
and only to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979.
(5) An applied industrial relations law that provides for the appointment of a person to an office or position, or the removal or suspension of a person from an office or position, is not taken to require the appointment, removal or suspension of a person in the Territory separately from the appointment, removal or suspension of the person in New South Wales.
4 Paragraph 1(1)(b) of Schedule 1
Omit “ending”, substitute “subject to subitem (3), ending”.
5 Subitem 1(1) of Schedule 1 (table heading)
Repeal the heading, substitute:
Legislation of New South Wales that has not been suspended
6 Subitem 1(1) of Schedule 1 (table item dealing with the Public Health Act 2010)
Repeal the item.
7 At the end of subitem 1(1) of Schedule 1 (after the table)
Add:
Note: Because the legislation specified in this table was never suspended in the Territory, it started to apply in the Territory on 1 July 2016 (the day section 18A of the Norfolk Island Act 1979 commenced).
8 At the end of item 1 of Schedule 1
Add:
(3) The period for which the operation of an Act specified in column 1 of the following table, and any legislation made under that Act, is suspended in the Territory ends at the start of the day specified in column 2 of the table.
| Legislation of New South Wales that is not suspended | ||
| Column 1 | Column 2 | Column 3 |
| Name of Act | End of period of suspension | Date/Details |
| Anti‑Discrimination Act 1977 | The industrial relations laws application day. | |
| First State Superannuation Act 1992 | The industrial relations laws application day. | |
| Government Information (Public Access) Act 2009 | The industrial relations laws application day. | |
| Government Sector Employment Act 2013 | The industrial relations laws application day. | |
| Industrial Relations Act 1996 | The industrial relations laws application day. | |
| Public Finance and Audit Act 1983 | The industrial relations laws application day. | |
| Public Health Act 2010 | 20 January 2017. | 20 January 2017 |
| Superannuation Administration Act 1996 | The industrial relations laws application day. | |
| Teaching Service Act 1980 | The industrial relations laws application day. | |
| Workers Compensation Act 1987 | The industrial relations laws application day. | |
| Work Health and Safety Act 2011 | The industrial relations laws application day. | |
| Workplace Injury Management and Workers Compensation Act 1998 | The industrial relations laws application day. | |
(4) Any information in column 3 of the table in subitem (3) is not part of this Ordinance. Information may be inserted in this column, or information in it may be edited, in any published version of this Ordinance.
(5) In this item:
industrial relations laws application day means the day Schedule 1 to the Norfolk Island Legislation Amendment (Public Sector Employment and Education) Ordinance 2018 commenced.
9 At the end of item 2 of Schedule 1
Add:
(3) Subsection 21D(3) of the Interpretation Act 1987 of New South Wales (as it applies in the Territory from time to time) does not apply to a reference to the short title of an applied industrial relations law.
10 After Schedule 1
Insert:
Schedule 1A—Amendment of the Anti‑Discrimination Act 1977 (NSW)
Anti‑Discrimination Act 1977 (NSW)
1 After paragraph 54(1)(b)
Insert:
(ba) any other law in force in the Territory of Norfolk Island;
2 Paragraph 119(1)(d)
Repeal the paragraph.
3 Sections 121, 122, 122U and 122V
Repeal the sections.
4 Subsection 122X(1)
Omit “122V or”.
Schedule 1B—Amendment of the Government Information (Public Access) Act 2009 (NSW)
Government Information (Public Access) Act 2009 (NSW)
1 Subsection 4(1) (after paragraph (g) of the definition of agency)
Insert:
However, the Norfolk Island Regional Council is not an agency.
Schedule 1C—Amendment of the Government Sector Employment Regulation 2014 (NSW)
Government Sector Employment Regulation 2014 (NSW)
1 Paragraphs 12(a) and (b)
Repeal the paragraphs, substitute:
(a) a day that is, under section 9 of the Employment Act 1988 of Norfolk Island, to be observed as a public holiday;
11 After Schedule 2
Insert:
Schedule 2A—Amendment of the Industrial Relations Act 1996 (NSW)
Industrial Relations Act 1996 (NSW)
1 Paragraph 72AE(1)(b)
After “police officer,”, insert “member or special member of the Australian Federal Police, member of the Police Force of Norfolk Island, member of a State or Territory police force providing police services in relation to the Territory of Norfolk Island in accordance with section 18B or 18C of the Norfolk Island Act 1979 of the Commonwealth,”.
2 Subsection 388(2)
After “police officer”, insert “, member or special member of the Australian Federal Police, member of the Police Force of Norfolk Island or member of a State or Territory police force providing police services in relation to the Territory of Norfolk Island in accordance with section 18B or 18C of the Norfolk Island Act 1979 of the Commonwealth”.
12 Item 6 of Schedule 5 (at the end of section 3A)
Add:
Act does not apply to certain New South Wales officers, employees and authorities
(6) This Act does not apply in relation to:
(a) an officer or employee of New South Wales; or
(b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or
(c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);
to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.
13 At the end of the Ordinance
Add:
Schedule 7—Amendment of the Teaching Service Act 1980 (NSW)
Teaching Service Act 1980 (NSW)
1 At the end of Part 1
Add:
5B Teachers to be accredited
(1) A person must not teach in a school in Norfolk Island unless the person is accredited.
(2) Words and expressions used in this section have the same meaning as they have in the Teacher Accreditation Act 2004 of New South Wales.
2 Subsection 51(3)
Omit “6 months”, substitute “3 years”.
3 Section 92
Repeal the section.
4 At the end of section 93B
Add:
(3) In this Part, a reference to an officer’s performance is a reference to the officer’s performance of duties whether in or outside of New South Wales.
5 After subsection 93C(2)
Insert:
(2A) For the purposes of this Part, the subject‑matter of an allegation of misconduct may relate to an incident or conduct that happened in or outside of New South Wales.
6 At the end of section 93L
Add:
Note: Things done for the purposes of the Child Protection (Working with Children) Act 2012 of New South Wales are recognised for the purposes of the application of this section in relation to Norfolk Island.
7 At the end of section 93R
Add:
Note: Things done for the purposes of the Child Protection (Working with Children) Act 2012 of New South Wales are recognised for the purposes of the application of this Part in relation to Norfolk Island.
Schedule 8—Amendment of the Workers Compensation Act 1987 (NSW)
Workers Compensation Act 1987 (NSW)
1 After subsection 9AA(7)
Insert:
(7A) To avoid doubt, the exercise of powers, or performance of functions or duties, by a worker under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth is taken, for the purposes of this section, to be employment connected with this State.
2 Part 7
Repeal the Part.
Schedule 9—Amendment of the Work Health and Safety Act 2011 (NSW)
Work Health and Safety Act 2011 (NSW)
1 Before paragraph 108(4)(a)
Insert:
(aa) St John Ambulance Norfolk Island;
(ab) the Norfolk Island Fire Service;
(ac) the Australian Federal Police (including a special member);
(ad) the Police Force of Norfolk Island;
(ae) a State or Territory police force providing police services in relation to the Territory of Norfolk Island in accordance with section 18B or 18C of the Norfolk Island Act 1979 of the Commonwealth;
(af) Norfolk Island Volunteer Rescue Association Inc;
Schedule 10—Amendment of the Workplace Injury Management and Workers Compensation Act 1998 (NSW)
Workplace Injury Management and Workers Compensation Act 1998 (NSW)
1 Section 27C
Repeal the section.
2 Division 2 of Part 6 of Chapter 2
Repeal the Division.
3 Subsection 320(3)
Repeal the subsection.
Part 2—Consequential amendments of continued laws
Norfolk Island Continued Laws Ordinance 2015
14 At the end of item 150 of Schedule 1
Add:
8C Continued laws regulating employment do not apply to certain officers, employees and authorities of New South Wales
To the extent that a law continued in force by section 16 or 16A of the Norfolk Island Act 1979 of the Commonwealth regulates employment, the law does not apply to:
(a) an officer or employee of New South Wales; or
(b) an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth); or
(c) an officer or employee of an authority of New South Wales (within the meaning of section 18B of the Norfolk Island Act 1979 of the Commonwealth);
to the extent that the officer, employee or authority is exercising powers or performing functions or duties under an arrangement entered into under section 18C of the Norfolk Island Act 1979 of the Commonwealth.
Schedule 2—Education legislation
Part 1—Application and amendment of certain education legislation
Norfolk Island Applied Laws Ordinance 2016
1 Subitem 1(3) of Schedule 1 (after table item dealing with the Anti‑Discrimination Act 1977)
Insert:
| Education Act 1990 | The industrial relations laws application day. |
| Education Standards Authority Act 2013 | The industrial relations laws application day. |
2 After Schedule 1A
Insert:
Schedule 1AA—Amendment of the Education Act 1990 (NSW)
Education Act 1990 (NSW)
1 Subsection 3(1)
Insert:
Children’s Court means the Court of Petty Sessions of Norfolk Island.
2 Subsection 3(1) (at the end of the definition of government school)
Add “, or the Norfolk Island Central School”.
3 Subsection 3(1)
Insert:
Local Court means the Court of Petty Sessions of Norfolk Island.
NSW Education Act means the Education Act 1990 as in force in New South Wales from time to time.
4 Subsection 3(1) (definition of overseas student)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
5 Subsection 3(1) (definition of relevant institution)
After “registered vocational training organisation”, insert “, any public health organisation (within the meaning of the Health Services Act 1997 (NSW) (NI)), the Police Force of Norfolk Island, the Norfolk Island Regional Council”.
6 Subsection 3(1)
Insert:
Supreme Court means the Supreme Court of Norfolk Island.
7 Subsection 3(1) (definition of Tribunal)
Repeal the definition, substitute:
Tribunal means the Administrative Review Tribunal of Norfolk Island.
8 At the end of Part 1
Add:
3A Modifications for Norfolk Island
Courts
(1) Jurisdiction in matters arising under this Act as in force in the Territory of Norfolk Island is, to the extent permitted by the Commonwealth Constitution, conferred on:
(a) if the Supreme Court of New South Wales has jurisdiction in the matter in relation to New South Wales—the Supreme Court of Norfolk Island; and
(b) if the District Court of New South Wales has jurisdiction in the matter in relation to New South Wales—the Supreme Court of Norfolk Island; and
(c) if the Local Court of New South Wales has jurisdiction in the matter in relation to New South Wales—the Court of Petty Sessions of Norfolk Island; and
(d) if the Children’s Court of New South Wales has jurisdiction in the matter in relation to New South Wales—the Court of Petty Sessions of Norfolk Island.
Tribunals
(2) A power or function conferred on the Civil and Administrative Tribunal of New South Wales under this Act as in force in New South Wales is, to the extent permitted by the Commonwealth Constitution:
(a) conferred on the Administrative Review Tribunal of Norfolk Island for the purposes of this Act as in force in the Territory of Norfolk Island; and
(b) to be exercised or performed by the Administrative Review Tribunal of Norfolk Island in accordance with the Administrative Review Tribunal Act 1996 of Norfolk Island.
3B Norfolk Island Central School
For the purposes of any applied law, the Norfolk Island Central School is taken to be a government school and to be established under this Act.
9 Section 4
Omit “In enacting this Act, Parliament has had regard to the following principles”, substitute “This Act is based on the following principles”.
10 Paragraphs 4(c) and (d)
Repeal the paragraphs, substitute:
(c) every child should receive an education of the highest quality.
11 Paragraph 5(c)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
12 Subsection 6(1)
Omit “It is the intention of Parliament that every person concerned in the administration of this Act or of education for children of school‑age in New South Wales”, substitute “Every person concerned in the administration of this Act or of education for children of school‑age in the Territory of Norfolk Island”.
13 Subsection 6(1A)
Omit “It is the intention of Parliament that the”, substitute “The”.
14 Subsection 18A(1) (definition of relevant national agreement)
Omit “the State”, substitute “New South Wales”.
15 Subsection 18A(2)
Omit “the State”, substitute “New South Wales”.
16 Subsection 18A(4)
Omit “this State”, substitute “New South Wales or the Territory of Norfolk Island”.
17 Paragraph 18A(4)(a)
After “particular schools”, insert “that include a school in the Territory of Norfolk Island”.
18 Paragraph 18A(4)(b)
After “a school”, insert “in the Territory of Norfolk Island”.
19 Subsection 18A(7)
Omit “the State”, substitute “New South Wales”.
20 Subsection 18A(7)
Omit “a State”, substitute “a New South Wales”.
21 Paragraph 19(f)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
22 Subsection 20(3)
Repeal the subsection, substitute:
(3) Payments of financial assistance under this section are to be made out of money appropriated by the Parliament of the Commonwealth.
23 Paragraph 20A(2)(k)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
24 Subparagraph 20A(2)(r)(iv)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
25 At the end of subsection 20A(3)
Add “and schools in the Territory of Norfolk Island”.
26 After subsection 21B(1)
Insert:
(1A) Despite anything else in this section, a child who is of or above the age of 15 years is not of compulsory school‑age if:
(a) the child:
(i) turned 15 before 1 January 2018; and
(ii) was in 2017 enrolled in Year 9, 10, 11 or 12 of secondary education at the Norfolk Island Central School; or
(b) the child:
(i) turned 15 before 1 January 2017; and
(ii) before turning 15, was enrolled at the Norfolk Island Central School.
27 Subsection 22C(8)
Omit “care proceedings under Chapter 5 of the Children and Young Persons (Care and Protection) Act 1998”, substitute “proceedings relating to an application for a care and protection order under Chapter 5 of the Child Welfare Act 2009 of Norfolk Island”.
28 Paragraph 22D(5)(a)
Omit “Chapter 6 of the Children and Young Persons (Care and Protection) Act 1998 applies”, substitute “Chapter 3 and section 143 of the Child Welfare Act 2009 of Norfolk Island apply”.
29 Subsections 22D(11) and (12)
Repeal the subsections, substitute:
(11) Chapter 7 of the Child Welfare Act 2009 of Norfolk Island (about appeals) applies in relation to an order under this section as if the order had been made under Chapter 5 of that Act.
30 Subsection 23(5)
Repeal the subsection, substitute:
(5) If a person is found guilty of an offence against this section (whether or not the person is convicted of the offence), the court may, instead of imposing a fine on the person, make an order requiring the person to perform community service work for a number of hours not exceeding:
(a) for a person who is a parent subject to a compulsory schooling order—200 hours; or
(b) otherwise:
(i) if the offence is a first offence—50 hours; or
(ii) if the offence is a second or subsequent offence—100 hours.
(5A) The Sentencing Act 2007 of Norfolk Island applies in relation to the order in the same way as that Act applies in relation to a community service order made under subsection 23(1) of that Act.
31 Subsection 24(5)
Repeal the subsection (including the penalty).
32 Section 26A (definition of non‑government schools authority)
Repeal the definition, substitute:
non‑government schools authority means a non‑government schools authority within the meaning of Part 5A of the NSW Education Act.
33 Section 26A (definition of school)
Repeal the definition, substitute:
school means:
(a) a government school (within the meaning of this Act or the NSW Education Act); or
(b) a registered non‑government school (within the meaning of the NSW Education Act).
34 Paragraph 26B(1)(a)
After “at a school”, insert “in the Territory of Norfolk Island, or in New South Wales if the student has previously been enrolled at a school in that Territory,”.
35 Subsection 26B(2)
Omit “Government Information (Public Access) Act 2009”, substitute “Government Information (Public Access) Act 2009 (NSW) or the Government Information (Public Access) Act 2009 (NSW) (NI)”.
36 Paragraphs 26C(1)(d) to (i)
Repeal the paragraphs, substitute:
(d) the TAFE Commission and TAFE establishments (within the meaning of the NSW Education Act);
(e) public health organisations (within the meaning of the Health Services Act 1997 (NSW) or the Health Services Act 1997 (NSW) (NI));
(f) the Department of Family and Community Services;
(g) the Department of Justice;
(h) the Australian Federal Police;
(i) the NSW Police Force (as defined in subsection 21(1) of the Interpretation Act 1987 (NSW));
(ia) the Police Force of Norfolk Island;
(ib) the Norfolk Island Regional Council;
37 After subparagraph 26D(6)(a)(i)
Insert:
(ia) section 187 of the Child Welfare Act 2009 of Norfolk Island; or
38 After paragraph 26F(2)(a)
Insert:
(aa) section 187 of the Child Welfare Act 2009 of Norfolk Island; or
39 After subsection 34(3)
Insert:
(3A) For the purposes of this section:
(a) the Territory of Norfolk Island is taken to be designated as an intake area; and
(b) the Norfolk Island Central School is taken to be designated for that intake area.
40 Paragraph 34(4)(a)
After “government school”, insert “(within the meaning of this Act or the NSW Education Act)”.
41 After section 83M
Insert:
83MA Application of this Part
This Part does not apply in relation to the Territory of Norfolk Island unless the Commonwealth Act extends to the Territory of Norfolk Island.
42 Subparagraph 94(1)(a)(iii)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
43 Subsection 94(2)
Omit “on a State‑wide basis”, substitute “on a New South Wales‑wide basis, as if the Territory of Norfolk Island were a part of New South Wales,”.
44 Subparagraph 95(1)(b)(iii)
Omit “New South Wales”, substitute “the Territory of Norfolk Island”.
45 Subsection 95(2)
Omit “on a State‑wide basis”, substitute “on a New South Wales‑wide basis, as if the Territory of Norfolk Island were a part of New South Wales”.
46 Subsection 107(1)
Omit “Administrative Decisions Review Act 1997”, substitute “Administrative Review Tribunal Act 1996 of Norfolk Island”.
47 Subsection 108(2)
Repeal the subsection, substitute:
(2) This section applies to the exclusion of subsections 31(1) and (2) of the Administrative Review Tribunal Act 1996 of Norfolk Island.
(2A) Subsections 31(3) and (4) of that Act (providing copies of and reasons for decisions, and when decisions take effect) apply in relation to a decision under subsection (1) of this section as if each reference in those subsections to a decision under subsection 31(1) of that Act were a reference to a decision under subsection (1) of this section.
48 Subsection 108(3) (note)
Repeal the note, substitute:
Note: For the powers of the Tribunal on review of a decision of the Authority under Part 7A, see section 31 of the Administrative Review Tribunal Act 1996 of Norfolk Island.
49 Subsection 108(4)
Omit “Administrative Decisions Review Act 1997”, substitute “Administrative Review Tribunal Act 1996 of Norfolk Island”.
50 Subsection 109(2)
Omit “section 6 (4) of the Administrative Decisions Review Act 1997”, substitute “subsection 14(5) of the Administrative Review Tribunal Act 1996 of Norfolk Island”.
51 Subsection 115(1A)
Repeal the subsection, substitute:
(1A) Any such parents and citizens association may be incorporated under the Associations Incorporation Act 2005 of Norfolk Island.
52 At the end of Part 11
Add:
117A Parents and citizens association for Norfolk Island Central School
(1) This section applies to an association constituted under section 15A of the Education Act 1931 of Norfolk Island, as in force immediately before the commencement of Schedule 2 to the Norfolk Island Legislation Amendment (Public Sector Employment and Education) Ordinance 2018 of the Commonwealth.
(2) The association continues in existence after that commencement as if it were a parents and citizens association constituted under subsection 115(1) of this Act.
(3) The rules of the association as in force immediately before that commencement continue in force after that commencement as if they were rules approved by the Minister under subsection 117(1) of this Act.
53 Section 125
Repeal the section.
54 Subsection 128(1)
Omit “Parliament”, substitute “the Parliament of the Commonwealth”.
55 Section 135
Repeal the section.
Schedule 1AB—Amendment of the Education Standards Authority Act 2013 (NSW)
Education Standards Authority Act 2013 (NSW)
1 Subsection 3(1)
Insert:
Local Court means the Court of Petty Sessions of Norfolk Island.
2 At the end of Part 1
Add:
3A Modifications for Norfolk Island
Jurisdiction in matters arising under this Act as in force in the Territory of Norfolk Island is, to the extent permitted by the Commonwealth Constitution, conferred on:
(a) if the Supreme Court of New South Wales has jurisdiction in the matter in relation to New South Wales—the Supreme Court of Norfolk Island; and
(b) if the District Court of New South Wales has jurisdiction in the matter in relation to New South Wales—the Supreme Court of Norfolk Island; and
(c) if the Local Court of New South Wales has jurisdiction in the matter in relation to New South Wales—the Court of Petty Sessions of Norfolk Island.
3 Sections 15 and 23
Repeal the sections.
Part 2—Repealing the Education Act 1931 (Norfolk Island) and the Education Regulations (Norfolk Island)
Norfolk Island Continued Laws Ordinance 2015
3 Schedule 1 (heading specifying Education Act 1931 (Norfolk Island))
Repeal the heading.
4 Item 73 of Schedule 1
Repeal the item.
5 Schedule 1 (heading specifying Education Regulations (Norfolk Island))
Repeal the heading.
6 Item 74 of Schedule 1
Repeal the item.
7 Item 1 of Schedule 2
Insert:
Education Act 1931
8 Item 2 of Schedule 2
Insert:
Education Regulations
Part 3—Consequential amendments of other continued laws
Norfolk Island Continued Laws Ordinance 2015
9 After item 31 of Schedule 1
Insert:
31AA Paragraph 33(3)(c)
Omit “Education Act 1931”, substitute “Education Act 1990 (NSW) (NI)”.
10 After item 31D of Schedule 1
Insert:
31DA Paragraph 47(3)(d)
Omit “of or over the school‑leaving age”, substitute “15 or over”.
31DB Paragraph 48(1)(d)
Omit “of or over school‑leaving age”, substitute “15 or over”.
31DC Section 49
Omit “has reached the school‑leaving age”, substitute “is 15 or over”.
31DD Section 49 (note)
Repeal the note.
11 Item 32 of Schedule 1
Repeal the item, substitute:
32 Subsection 145(5)
Repeal the subsection.
32AA Paragraph 147(1)(a)
Omit “of or over the school‑leaving age”, substitute “who is 15 or over”.
32AB Subsection 185(3)
Repeal the subsection.
12 After item 37 of Schedule 1
Insert:
37AAA Dictionary (definition of school)
Repeal the definition, substitute:
school means a government school (within the meaning of the Education Act 1990 (NSW) (NI)).
37AAB Dictionary (definition of school‑leaving age)
Repeal the definition.
13 Item 190 of Schedule 1 (paragraphs 5(3)(a) and (b) of Schedule 1)
Repeal the paragraphs.
Part 4—Consequential amendments of applied laws
Norfolk Island Applied Laws Ordinance 2016
14 Item 10 of Schedule 6
Repeal the item.
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