Schedule 2 Amendment of other legislation
(Section 4)
2.1 Anti-Discrimination Act 1977 No 48
[1] Section 4B References to certain employers
Omit section 4B (1) (c). Insert instead:(c) in relation to employment in the Teaching Service, is a reference to the Director-General of the Department of Education and Training.
[2] Sections 4B (2), 49ZU (3) (paragraph (a) of the definition of “employed in the public sector”) and 122B (1) (a1)
Omit “Education Teaching Service” wherever occurring.Insert instead “Teaching Service”.
Omit “School Education”. Insert instead “Education and Training”.
Section 104 Staff of the Board
Omit “a teaching service” from section 104 (2).Insert instead “the Teaching Service”.
2.3 Education Teaching Service Regulation 2001
[1] Clause 1 Name of Regulation
Omit “Education”.
Omit “Education” from the definition of member of staff in clause 3 (1).
[3] Clauses 3 (1) (paragraph (c) of the definition of “statutory conditions of service”) and 5 (2) (c)
Omit “section 25” wherever occurring. Insert instead “section 13”.
[4] Clause 3 (1), definition of “the Act”
Omit “Services”. Insert instead “Service”.
[5] Clause 13 “Prescribed officers” for purposes of Division 6 of Part 4 of the Act
Omit “in its application to the Education Teaching Service” wherever occurring.
2.4 Energy Administration Act 1987 No 103
Schedule 1 Superannuation and other rights of employees of the Corporation
Omit “a Teaching” from clauses 3 (1) (a) and 4 (1) (b) (i) wherever occurring.Insert instead “the Teaching”.
2.5 Freedom of Information Act 1989 No 5
Omit paragraph (e) of the definition of responsible Minister in section 6 (1).Insert instead:
(e) in relation to the Teaching Service—the Minister administering the Teaching Service Act 1980, or
[2] Section 6 (1), definition of “Teaching Service”
Omit the definition.
[3] Section 7 Public authorities
Omit section 7 (1) (e). Insert instead:(e) the Teaching Service, or
2.6 Government and Related Employees Appeal Tribunal Act 1980 No 39
Omit paragraph (b) of the definition of employee in section 4 (1).Insert instead:
(b) a person who is an officer, or a temporary employee, within the meaning of the Teaching Service Act 1980,
[2] Section 4 (1), definition of “employer”
Omit paragraph (b). Insert instead:(b) in relation to an employee of the class referred to in paragraph (b) of that definition:(i) for the purposes of those provisions of this Act relating to the membership and constitution of the Tribunal—the Director-General of the Department of Education and Training, and(ii) for the purposes of those provisions of this Act relating to the making of appeals and the hearing of appeals—the person against whose decision the appeal is made (being, as the case may require, the Director-General of the Department of Education and Training or a prescribed officer within the meaning of section 82 of the Teaching Service Act 1980),
[3] Section 21 Excluded circumstances
Omit section 21 (1) (j) (ii). Insert instead:(ii) a temporary employee within the meaning of the Teaching Service Act 1980, or
[4] Schedule 2 Provisions relating to the nomination of employers’ representatives and employees’ representatives
Omit clause 4 (b). Insert instead:(b) a member of the Teaching Service, or
2.7 Guardianship Act 1987 No 257
Schedule 1 Provisions relating to the Tribunal
Omit “a Teaching” from clauses 5 (1) (a) and 6 (1) (b) (i) wherever occurring.Insert instead “the Teaching”.
2.8 Health Records and Information Privacy Act 2002 No 71
Omit “Education” from the definitions of public sector agency and public sector official wherever occurring in section 4 (1).
2.9 Independent Commission Against Corruption Act 1988 No 35
Omit paragraph (a) of the definition of public authority in section 3 (1).Insert instead:
(a) a Government Department or the Teaching Service,
[2] Section 3 (1) (paragraph (g) of the definition of “public official”) and clauses 2 (1) (a) and 3 (b) (i) of Schedule 3
Omit “a Teaching” wherever occurring. Insert instead “the Teaching”.
2.10 Industrial Relations Act 1996 No 17
Omit “Education” from the definition of public sector employee.
[2] Dictionary, definition of “public sector industrial agreement”
Omit “section 26 of the Teaching Services Act 1980”.Insert instead “section 14 of the Teaching Service Act 1980”.
2.11 Interpretation Act 1987 No 15
Section 21 Meaning of commonly used words and expressions
Insert in alphabetical order in section 21 (1):Teaching Service means the Teaching Service of New South Wales referred to in the Teaching Service Act 1980.
2.12 Judicial Officers Act 1986 No 100
Schedule 5 Provisions relating to the rights of certain staff of the Commission
Omit “a Teaching” from clauses 2 (1) (a) and 3 (b) (i) wherever occurring.Insert instead “the Teaching”.
2.13 Mental Health Act 1990 No 9
Schedule 6 Provisions relating to members of the Tribunal
Omit “a Teaching” from clauses 10 (2) (a) and 11 (2) (b) (i) wherever occurring.Insert instead “the Teaching”.
2.14 Parking Space Levy Act 1992 No 32
Section 17 Obligations of persons in public sector positions
Omit “Education” from paragraph (b) of the definition of public sector position in section 17 (7).
Omit “a Teaching” from section 48 (a). Insert instead “the Teaching”.
2.16 Privacy and Personal Information Protection Act 1998 No 133
Omit “Education” from the definitions of public sector agency and public sector official wherever occurring in section 3 (1).
2.17 Public Finance and Audit Act 1983 No 152
Omit “School Education” from the definitions of authority and officer of an authority wherever occurring in section 4 (1).
[2] Section 4 (1), definition of “Head of an authority”
Omit paragraph (b). Insert instead:(b) in relation to the Teaching Service—the Director-General of the Department of Education and Training,
[3] Schedule 1 The Auditor-General
Omit “a Teaching” from clause 7 (2) (a). Insert instead “the Teaching”.
2.18 Public Sector Employment and Management Act 2002 No 43
Omit the definition of Education Teaching Service from section 3 (1).
[2] Sections 3 (1) (paragraph (b) of the definition of “public sector service”), 19 (5), 63 (1) (definition of “public authority”), 63 (2) (c), 65 (1) (a), 67 (d), 77 (6), 78 (9) (a), 101 (1) (Arrangements for use of Teaching Service staff by Departments) and 114 (3) (a) and clause 11 (16) (a) of Schedule 4
Omit “Education Teaching Service” wherever occurring.Insert instead “Teaching Service”.
2.19 Residential Tenancies Act 1987 No 26
Schedule 1 Provisions relating to the members of the Tribunal
Omit “a Teaching” from clauses 8 (1) (a) and 9 (1) (b) (i) wherever occurring.Insert instead “the Teaching”.
2.20 State Sports Centre Trust Act 1984 No 68
Schedule 3 Provisions applicable to a person designated as Director
Omit “a Teaching” from clauses 4 (2) (a) and 5 (2) (b) (i) wherever occurring.Insert instead “the Teaching”.
2.21 Teacher Housing Authority Act 1975 No 27
Omit “a Teaching” from the definition of teacher.Insert instead “the Teaching”.
[2] Section 4, definition of “Teaching Service”
Omit the definition.
2.22 Technical and Further Education Commission Act 1990 No 118
Section 21 Use of staff or facilities of Departments etc
Omit “Education”.
2.23 Transferred Officers Extended Leave Act 1961 No 13
Omit paragraph (c) of the definition of State employer in section 2 (1).Insert instead:
(c) in relation to persons employed in the Teaching Service—the Director-General of the Department of Education and Training.
2.24 Treasury Corporation Act 1983 No 75
Schedule 2 Provisions relating to the rights of certain staff of the Corporation
Omit “a Teaching” from clauses 3 (1) (a) and 4 (1) (b) (i) wherever occurring.Insert instead “the Teaching”.
2.25 Zoological Parks Board Act 1973 No 34
Schedule 1 Preservation of rights of certain employees
Omit “a Teaching” from clauses 2 (1) (a) and 3 (1) (b) (i) wherever occurring.Insert instead “the Teaching”.