Schedule 3 Amendment of other Acts and regulation
3.1 Central Coast Water Corporation Act 2006 No 105
[1] Schedule 5 Transfer of staff, assets, rights and liabilities
Omit “, the Government and Related Employees Appeal Tribunal Act 1980” from clause 8 (4).
Omit “the Government and Related Employees Appeal Tribunal Act 1980”.Insert instead “Part 7 of Chapter 2 of the Industrial Relations Act 1996”.
[1] Schedule 1A Board inspectors
Omit clause 6 (1). Insert instead:(1) A decision to employ or a failure to employ a person as a Board inspector, and any matter, question or dispute relating to such a decision or failure, are not industrial matters for the purposes of the Industrial Relations Act 1996 (other than Part 7 of Chapter 2 of that Act).
Omit “the Government and Related Employees Appeal Tribunal Act 1980”.Insert instead “Part 7 of Chapter 2 of the Industrial Relations Act 1996”.
3.3 Education (School Administrative and Support Staff) Act 1987 No 240
[1] Section 33 Eligibility for appointment to Public Service
Omit “, the Government and Related Employees Appeal Tribunal Act 1980” from section 33 (2).
Omit “the Government and Related Employees Appeal Tribunal Act 1980”.Insert instead “Part 7 of Chapter 2 of the Industrial Relations Act 1996”.
3.4 Fire Brigades Regulation 2008
Omit “Government and Related Employees Appeal Tribunal” from clause 47 (3).Insert instead “Industrial Relations Commission”.
3.5 Health Services Act 1997 No 154
Section 121H Industrial arbitration or legal proceedings excluded
Omit “Government and Related Employees Appeal Tribunal” from section 121H (7).Insert instead “Industrial Relations Commission”.
3.6 Independent Commission Against Corruption Act 1988 No 35
Section 104 Appointment of staff
Omit “Government and Related Employees Appeal Tribunal” from section 104 (10).Insert instead “Industrial Relations Commission”.
3.7 Landcom Corporation Act 2001 No 129
Omit “the Government and Related Employees Appeal Tribunal Act 1980” from clause 2 (2).Insert instead “Part 7 of Chapter 2 of the Industrial Relations Act 1996”.
Section 34 Disclosure by Ombudsman or officer
Omit “Government and Related Employees Appeal Tribunal” from section 34 (1) (b) (ii).Insert instead “Industrial Relations Commission”.
Omit the definition of GREAT from section 3 (1).
[2] Section 44 Industrial arbitration and legal proceedings excluded
Omit “GREAT” from section 44 (6).Insert instead “the Industrial Relations Commission under Part 7 of Chapter 2 of the Industrial Relations Act 1996”.
[3] Section 82C Appointment on merit
Omit “GREAT” from section 82C (5).Insert instead “the Industrial Relations Commission under Part 7 of Chapter 2 of the Industrial Relations Act 1996”.
Omit “Tribunal”. Insert instead “Commission”.
[5] Section 82J Eligibility of non-executive administrative officers for appointment to Public Service
Omit “, the Government and Related Employees Appeal Tribunal Act 1980” from section 82J (2).
[6] Part 6A, Division 3, heading
Omit “GREAT”. Insert instead “Industrial Relations Commission”.
Omit the section. Insert instead:83 Appeal to Industrial Relations Commission against promotions of administrative officers
The provisions of Part 7 of Chapter 2 of the Industrial Relations Act 1996 relating to promotion appeals apply to non-executive administrative officers as if those officers were employees, and the Commissioner were their employer, within the meaning of that Part.
[8] Section 88 Industrial arbitration or legal proceedings excluded in relation to appointments
Insert “(except Part 7 of Chapter 2 of that Act)” after “Industrial Relations Act 1996” in section 88 (1).
Omit “the Government and Related Employees Appeal Tribunal Act 1980”.Insert instead “Part 7 of Chapter 2 of the Industrial Relations Act 1996”.
[10] Sections 173 (9), 181D (7) and 183D (5)
Omit “GREAT and” wherever occurring.
Omit the section. Insert instead:185 Disciplinary appeals to Industrial Relations Commission by non-executive administrative officers
The provisions of Part 7 of Chapter 2 of the Industrial Relations Act 1996 relating to disciplinary appeals apply to administrative officers (not being members of the NSW Police Force Senior Executive Service) as if those officers were employees, and the Commissioner were their employer, within the meaning of that Part.
Omit the section. Insert instead:186 Appeal to Industrial Relations Commission relating to leave when hurt on duty
(1) A police officer may appeal to the Industrial Relations Commission against a decision of the Commissioner to grant or refuse leave of absence on full pay to the police officer during any period of absence caused by that officer being hurt on duty within the meaning of section 1 (2) of the Police Regulation (Superannuation) Act 1906.(2) The Industrial Relations Act 1996 applies to and in respect of an appeal under this section in the same way as it applies to a disciplinary appeal under Part 7 of Chapter 2 of that Act.Note. A disciplinary appeal under Part 7 of Chapter 2 of the Industrial Relations Act 1996 is made by lodging a notice of appeal with the Industrial Registrar under section 100B (2) of that Act within 28 days after the public sector employee concerned is notified of the decision against which the appeal is made.(3) For the purpose of the Industrial Relations Commission hearing and determining an appeal under this section, a police officer is taken to be a public sector employee and the Commissioner the public sector employer, within the meaning of Part 7 of Chapter 2 of the Industrial Relations Act 1996.
3.10 Public Finance and Audit Act 1983 No 152
[1] Section 33F Executive officers
Insert “, Part 7 (Public sector promotion and disciplinary appeals)” after “(Unfair dismissals)” in section 33F (5).
Omit the subsection.
3.11 Public Sector Employment and Management Act 2002 No 43
[1] Section 21 Appointments subject to promotion appeal
Omit “Government and Related Employees Appeal Tribunal” wherever occurring in section 21 (1) and (2) (b).Insert instead “Industrial Relations Commission”.
Omit “Government and Related Employees Appeal Tribunal Act 1980”.Insert instead “Industrial Relations Act 1996”.
Omit “section 19 of the Government and Related Employees Appeal Tribunal Act 1980”.Insert instead “section 93 of the Industrial Relations Act 1996”.
[4] Section 22 Legal proceedings not to be brought in respect of appointments etc
Insert “(other than Part 7 of Chapter 2 of that Act)” after “Industrial Relations Act 1996” in section 22 (1).
Omit “the Government and Related Employees Appeal Tribunal Act 1980”.Insert instead “Part 7 of Chapter 2 of the Industrial Relations Act 1996”.
[6] Section 35 Industrial arbitration or legal proceedings excluded
Insert “, Part 7 (Public sector promotion and disciplinary appeals)” after “(Unfair dismissals)” in section 35 (3).
Omit the subsection.
[8] Section 72 Industrial arbitration or legal proceedings excluded
Insert “, Part 7 (Public sector promotions and disciplinary appeals)” after “(Unfair dismissals)” in section 72 (4).
Omit the subsection.
[10] Section 89 Variations in remuneration on transfer
Omit “section 20 of the Government and Related Employees Appeal Tribunal Act 1980” from section 89 (2).Insert instead “section 94 of the Industrial Relations Act 1996”.
3.12 State Owned Corporations Act 1989 No 134
[1] Section 36 Application of other Acts
Omit section 36 (1) (a). Insert instead:(a) Part 7 of Chapter 2 of the Industrial Relations Act 1996.
[2] Schedule 4 Provisions relating to certain staff
Omit “, the Government and Related Employees Appeal Tribunal Act 1980” from clause 5 (2).
Omit “the Government and Related Employees Appeal Tribunal Act 1980”.Insert instead “Part 7 of Chapter 2 of the Industrial Relations Act 1996”.
3.13 State Water Corporation Act 2004 No 40
Omit “the Government and Related Employees Appeal Tribunal Act 1980” from clause 3 (2).Insert instead “Part 7 of Chapter 2 of the Industrial Relations Act 1996”.
3.14 Statutory and Other Offices Remuneration Act 1975 (1976 No 4)
Omit the following from Part 1:Senior Chairperson of the Government and Related Employees Appeal Tribunal (not being the holder of a judicial office)
Chairperson of the Government and Related Employees Appeal Tribunal (not being the holder of a judicial office)
Omit “Chairperson of Transport Appeal Boards” from Part 2.
3.15 Subordinate Legislation (Repeal) Act 1985 No 232
Schedule 1 Subordinate legislation not repealed by section 3
Omit the following from Part A:Government and Related Employees Appeal Tribunal Act 1980
Government and Related Employees Appeal Tribunal Regulation 1980
3.16 Superannuation Administration Authority Corporatisation Act 1999 No 5
Omit “the Government and Related Employees Appeal Tribunal Act 1980” from clause 4 (2).Insert instead “Part 7 of Chapter 2 of the Industrial Relations Act 1996”.
3.17 Supreme Court Act 1970 No 52
Section 48 Assignment to the Court of Appeal
Omit subparagraph (iii) from the definition of specified tribunal in section 48 (1) (a).
3.18 Teaching Service Act 1980 No 23
[1] Section 48 Appointments on probation
Omit “Government and Related Employees Appeal Tribunal” from section 48 (5).Insert instead “Industrial Relations Commission”.
Omit the section. Insert instead:62 No appeal to Industrial Relations Commission
The decision of the Director-General to appoint a person to a vacant senior position is not subject to appeal under Part 7 of Chapter 2 of the Industrial Relations Act 1996.
[3] Section 76 Retirement or transfer of officers through invalidity or incapacity
Omit “the Government and Related Employees Appeal Tribunal Act 1980” from section 76 (2).Insert instead “Part 7 of Chapter 2 of the Industrial Relations Act 1996”.
[4] Section 96 Evidence as to Education Gazette
Omit “Government and Related Employees Appeal Tribunal”.Insert instead “Industrial Relations Commission under Part 7 of Chapter 2 of the Industrial Relations Act 1996”.
3.19 Technical and Further Education Commission Act 1990 No 118
[1] Section 19 Legal proceedings not to be brought in respect of appointments etc
Insert “(except Part 7 of Chapter 2 of that Act)” after “Industrial Relations Act 1996” in section 19 (1).
Omit “the Government and Related Employees Appeal Tribunal Act 1980”.Insert instead “Part 7 of Chapter 2 of the Industrial Relations Act 1996”.
3.20 Waste Recycling and Processing Corporation Act 2001 No 59
Schedule 2 Transfer of staff of Waste Recycling and Processing Service
Omit “the Government and Related Employees Appeal Tribunal Act 1980” from clause 3 (2).Insert instead “Part 7 of Chapter 2 of the Industrial Relations Act 1996”.