Schedule 2 Provisions relating to the nomination of employers’ representatives and employees’ representatives
(Section 16)
1 Direction relating to nominations
(1) The Registrar, at the direction of the Senior Chairperson, shall, at all such times as may be necessary for the due administration of this Act, by notice in writing to an employer or an association of employees, direct the employer or association, as the case may be, to nominate, on or before such date as is specified in the notice, a panel of not less than 2 and not more than 40 persons, in order of preference, to be members of the Tribunal.(2) The order of preference referred to in subclause (1) of this clause may, where the staff establishment of an employer or the membership of an association of employees is divided into different classes or groups, be nominated in relation to appeals made by members of those classes or groups.
(1) A nomination pursuant to a direction under clause 1 shall be:(a) in the approved form, and(b) accompanied by:(i) the consent, in writing, to his or her nomination of each person nominated, and(ii) the oath referred to in clause 8 sworn by each person nominated.(2) A nomination pursuant to a direction under clause 1 shall be made by lodging the document required pursuant to subclause (1) of this clause with the Registrar.
4 Representatives of Director-General of Department of Education and Training
A person nominated by the Director-General of the Department of Education and Training in accordance with this Schedule is to be:(a) the Director-General of the Department of Education and Training, or(b) a member of the Teaching Service, or(c) an officer (within the meaning of the Public Sector Employment and Management Act 2002) who is employed in the Department of Education and Training.
5 Representatives of employing authorities
A person nominated by an employing authority in accordance with this Schedule shall be:(a) an employee, or(b) where the employing authority is:(i) a corporate body—a member of the corporate body,(ii) a corporation sole—the person constituting the corporation sole, or(iii) an individual—that individual.
6 Representatives of associations of employees
A person nominated by an association of employees in accordance with this Schedule shall be an employee.
(1) For the purposes of clauses 3–6, in so far as those provisions designate, by reference to an office or position of employment, the necessary qualification for nomination of a person as a representative, a person who, although retired, held such an office or position immediately before retirement shall be deemed to be suitably qualified.(2) For the purposes of clause 11 (1), in comparing the qualifications of a person who vacates office with those of a person who may be nominated to replace that person, no distinction shall be drawn between the holder of an office or position and a person who held such an office or position immediately before retirement.
A person nominated in accordance with this Schedule as an employer’s representative or an employee’s representative shall, subject to this Act, hold office as a member of the Tribunal for a term of 3 years from the date specified in the notice given by the Registrar under clause 1 in pursuance of which the person’s nomination was made and shall, if otherwise qualified, be eligible for renomination as an employer’s representative or an employee’s representative, as the case may be.
(1) A person nominated in accordance with this Schedule as an employer’s representative or an employee’s representative shall not act as a member of the Tribunal unless he or she has taken an oath in the prescribed form.(2) Sections 11, 11A and 12 of the Oaths Act 1900 apply to and in respect of an oath required to be taken under subclause (1) of this clause as if the oath were an oath required to be taken under Part 2 of that Act.
The Governor may remove a member of the Tribunal, being an employer’s representative or an employee’s representative, from office if, without proper cause or excuse, he or she neglects or refuses to sit as a member of the Tribunal at any sitting at which he or she is required, by notice given under section 32 (1), to attend as an employer’s representative or an employee’s representative, as the case may be.
A member of the Tribunal, being an employer’s representative or an employee’s representative, shall be deemed to have vacated his or her office if:(a) he or she dies,(b) he or she becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit,(c) he or she becomes a temporary patient, a continued treatment patient, a protected person or an incapable person within the meaning of the Mental Health Act 1958 or a person under detention under Part 7 of that Act,(d) he or she is convicted in New South Wales of a crime or an offence punishable by imprisonment for 12 months or upwards, or if he or she is convicted elsewhere than in New South Wales of a crime or an offence which if committed in New South Wales would be a crime or an offence so punishable,(e) he or she resigns his or her office by writing under his or her hand addressed to the Registrar,(f) he or she is removed from office by the Governor,(g) he or she ceases to hold the qualification by virtue of which he or she was nominated as an employer’s representative or an employee’s representative, as the case may be.
(1) On the occurrence of a vacancy in the office of a member of the Tribunal, being an employer’s representative or an employee’s representative, the employer or association of employees who nominated the member may, within one month after the occurrence of the vacancy, nominate, in the same manner, a person having the same qualifications as the member whose office has become vacant was nominated and qualified.(2) A person nominated under subclause (1) of this clause shall, subject to this Act, hold office as a member of the Tribunal for the balance of his or her predecessor’s term of office.
(1) Where, for the purposes of this Act, no nomination or no proper nomination is made by an employer of a person to be a member of the Tribunal:(a) on or before the date specified in a notice given by the Registrar under clause 1 to the employer, or(b) within one month after the occurrence of a vacancy in the office of a member nominated by the employer,the Governor may appoint a person to be a member of the Tribunal, being a person qualified to be nominated by the employer to be a member of the Tribunal.(2) Where, for the purposes of this Act, no nomination or no proper nomination is made by an association of employees of a person to be a member of the Tribunal:(a) on or before the date specified in a notice given by the Registrar under clause 1 to the association of employees, or(b) within one month after the occurrence of a vacancy in the office of a member nominated by the association of employees,the Governor may appoint a person to be a member of the Tribunal, being a person qualified to be nominated by the association of employees to be a member of the Tribunal.(3) A person appointed as a member of the Tribunal:(a) under subclause (1) of this clause—shall be deemed to have been nominated in accordance with this Act by the employer in respect of whose neglect or default he or she was so appointed, or(b) under subclause (2) of this clause—shall be deemed to have been nominated in accordance with this Act by the association of employees in respect of whose neglect or default he or she was so appointed.