Commonwealth Teaching Service Act 1976

COMMONWEALTH TEACHING SERVICE ACT 1976

No. 23 of 1976

An Act to amend the Commonwealth Teaching Service Act 1972-1973.

BE IT ENACTED by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia, as follows:—

Short title and citation.

1. (1) This Act may be cited as the Commonwealth Teaching Service Act 1976.

(2) The Commonwealth Teaching Service Act 1972—1973 is in this Act referred to as the Principal Act.

(3).The Principal Act, as amended by this Act, may be cited as the Commonwealth Teaching Service Act 1972-1976.

Commencement.

2. This Act shall come into operation on the day on which it receives the Royal Assent.

Interpretation.

3. Section 4 of the Principal Act is amended—

(a) by omitting from sub-section (1) the definition of “Commonwealth school” and substituting the following definition:—

“‘Commonwealth school’ means a school conducted by the Commonwealth, by the Administration of a Territory or by a prescribed authority; and

(b) by inserting after the definition of “part-time student” in sub-section (1) the following definition:—

“‘prescribed authority’ means an authority or body, whether incorporated or unincorporated, that—

(a) is established for a public purpose by, or in accordance with the provisions of—

(i) an Act;

(ii) regulations made under an Act; or

(iii) a law of a Territory; and

(b) is declared by the regulations to be a prescribed authority for the purposes of this Act;”.

4. (1) Section 8 of the Principal Act is repealed and the following section substituted:—

Remuneration and allowances.

“8. (1) The Commissioner shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(2) The Commissioner shall be paid such allowances as are prescribed.

“(3) This section has effect subject to the Remuneration Tribunals Act 1973-1975.”.

(2) Regulations having effect immediately before the commencement of this section for the purposes of sub-section 8(2) of the Principal Act shall continue to have effect as if those regulations were made for the purposes of sub-section 8(2) of the Principal Act as amended by this Act.

Functions of Commissioner.

5. (1) Section 16 of the Principal Act is amended—

(a) by adding at the end of paragraph (b) of sub-section (3) the words “or, in the case of Papua New Guinea, by a body other than the Government or an authority of the Government”; and

(b) by omitting from paragraph (b) of sub-section (9) the words “or conducted in a Territory by a prescribed institution”.

(2) The amendments made by sub-section (1) shall be deemed to have had effect from and including 16 September 1975.

Division 5 of Part III.

6. (1) Division 5 of Part III of the Principal Act is repealed.

(2) Section 5 of the Commonwealth Teaching Service Act 1973 is repealed.

(3) The amendment of the Principal Act effected by sub-section (1) shall be deemed to have had effect from and including 18 June 1973.

Promotions Appeal Boards.

7. Section 30 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-sections:—

“(3) The Chairman of a Promotions Appeal Board shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(3a) The Chairman of a Promotions Appeal Board shall be paid such allowances as are prescribed.

“(3b) Sub-sections (3) and (3a) have effect subject to the Remuneration Tribunals Act 1973-1975.

“(3c) The Chairman of a Promotions Appeal Board holds office on such terms and conditions, other than terms and conditions relating to remuneration and allowances, as the Minister determines.”.

Disciplinary Appeal Board.

8. Section 37 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-sections:—

“(3) The Chairman of the Disciplinary Appeal Board shall be paid such remuneration as is determined by the Remuneration Tribunal.

“(3a) The Chairman of the Disciplinary Appeal Board shall be paid such allowances as are prescribed.

“(3b) Sub-sections (3) and (3a) have effect subject to the Remuneration Tribunals Act 1973-1975.

“(3c) The Chairman of the Disciplinary Appeal Board holds office on such terms and conditions, other than terms and conditions relating to remuneration and allowances, as the Minister determines.”.

9. (1) After Division 8 of Part III of the Principal Act the following Division is inserted in that Part:—

“Division 9—Special Provisions with respect to Long Service Leave.”

Interpretation.

“43p. In this Division, unless the contrary intention appears—

‘long service leave’ includes long leave, furlough, extended leave and any other leave in the nature of long service leave (howsoever referred to);

‘prescribed teacher’ means a member of the Service who—

(a) became such a member after 13 September 1973 and before 1 January 1974; and

(b) was, immediately before becoming such a member—

(i) employed in the teaching service of New South Wales and engaged in teaching duties in a Commonwealth school in the Australian Capital Territory; or

(ii) employed in the teaching service of South Australia and engaged in teaching duties in a Commonwealth school in the Northern Territory;

‘relevant State’ means, in relation to a prescribed teacher, the State in the teaching service of which he was employed immediately before becoming a member of the Service.

Long service leave.

“43q. Where, at any time, in the application to or in relation to a prescribed teacher of an Act making provision at that time for long service leave in respect of members of the Service, the period of long service leave to which he would, but for this section, be entitled, or the amount of pay in lieu of long service leave that would, but for this section, be payable to or in relation to him, under that Act is less than the period of leave to which he would be entitled, or the amount that would be payable to or in relation to him, as the case may be, if the scale of accrual of long service leave that would have been applicable in relation to him under the law of the relevant State as in force on 1 January 1974 if he had continued to be employed in the teaching service of the relevant State were substituted for the scale of accrual of long service leave applicable to him at that time under that Act, the period of long service leave to which he is entitled, or the amount of pay in lieu of long service leave payable to or in relation to him, as the case may be, shall be determined in accordance with the first-mentioned scale of accrual.”.

(2) The amendment made by sub-section (1) shall be deemed to have had effect from and including 1 January 1974.

Consequential amendments.

10. The Principal Act is amended as set out in the Schedule.

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SCHEDULE Section  10