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Education Standards Authority Act 2013 No 89
Current version for 1 January 2017 to date (accessed 20 September 2017 at 15:38)
Schedule 2
Schedule 2 Savings, transitional and other provisions
Part 1 General
1   Regulations
(1)  The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2)  Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3)  To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as:
(a)  to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b)  to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
Part 2 Provisions consequent on enactment of this Act
2   Dissolution of statutory bodies
(1)  The following bodies are dissolved:
(a)  the Board of Studies,
(b)  the NSW Institute of Teachers,
(c)  the Board of Governance for the NSW Institute of Teachers.
(2)  The assets, rights and liabilities of the Board of Studies or the NSW Institute of Teachers immediately before its dissolution become, on that dissolution, the assets, rights and liabilities of the Board of Studies, Teaching and Educational Standards.
(3)  On the dissolution of the Board of Studies, each person appointed as a member of the Board of Studies ceases to hold office as such a member and is taken to be appointed under this Act as a member of the Board of Studies, Teaching and Educational Standards for a period equivalent to the remainder of his or her term of appointment as a member of the Board of Studies and is eligible to be re-appointed at the end of that term.
(4)  The persons who were members of the Board of Governance immediately before its dissolution cease to be members of that Board and are not entitled to any remuneration or compensation because of the loss of that office.
(5)  In this clause:
assets means any legal or equitable estate or interest (whether present or future, whether vested or contingent and whether personal or assignable) in real or personal property of any description (including money), and includes securities, choses in action and documents.
liabilities means any liabilities, debts or obligations (whether present or future, whether vested or contingent and whether personal or assignable).
rights means any rights, powers, privileges or immunities (whether present or future, whether vested or contingent and whether personal or assignable).
3   References to dissolved statutory bodies
A reference in any other Act, or in any instrument of any kind (including any contract or agreement) to the Board of Studies or the NSW Institute of Teachers is to be construed as a reference to the Board of Studies, Teaching and Educational Standards.
4   Existing President of the Board of Studies
The person holding office as the President of the Board of Studies immediately before the dissolution of the Board of Studies is taken to have been appointed under this Act as the President of the Board of Studies, Teaching and Educational Standards for the balance of the term for which the person was originally appointed as President.
5   Transfer of staff
The persons employed in the following Divisions of the Government Service immediately before the commencement of this clause are transferred to and taken to be employed in the Office of the Board of Studies, Teaching and Educational Standards established under the Public Sector Employment and Management Act 2002:
(a)  Office of the Board of Studies,
(b)  Office of the Institute of Teachers,
(c)  Board of Studies Casual Staff Division,
(d)  Board of Studies Inspectors Division,
(e)  Institute of Teachers Special Purpose Division.
6   Existing Board inspectors
Any person employed as a Board inspector within the meaning of Schedule 1A to the Education Act 1990 immediately before the repeal of that Schedule by this Act is taken to have been appointed by the Board as an inspector under Part 3 of this Act.
7   Continuity of Fund
The Board of Studies, Teaching and Educational Standards Fund established under this Act is a continuation of the Institute of Teachers Fund operating under section 43 of the Institute of Teachers Act 2004 immediately before the repeal of that section by this Act.
Part 3 Provisions consequent on enactment of Education and Teaching Legislation Amendment Act 2016
8   Definition
In this Part:
former body means the Board of Studies, Teaching and Educational Standards as constituted under this Act immediately before the substitution of Part 2 of this Act by the Education and Teaching Legislation Amendment Act 2016.
9   Continuation of former body
The NSW Education Standards Authority is a continuation of, and the same legal entity as, the former body.
Note.
 Section 53 of the Interpretation Act 1987 contains savings provisions in relation to the effect of the reconstitution of the former body under a new name.
10   Continuation of existing Fund
The Education Standards Authority Fund established under section 15 is a continuation of the Board of Studies, Teaching and Educational Standards Fund.
11   Members of former body cease to hold office
The persons (other than the President of the former body) who were members of the former body immediately before the commencement of this clause cease to hold office as members and are not entitled to any remuneration or compensation because of the loss of that office.
12   President of former body
The following provisions apply to or in respect of the person who held office as the President of the former body immediately before the commencement of this clause:
(a)  the person ceases to hold that office and is not entitled to any remuneration or compensation because of the loss of that office (other than compensation to which the person is entitled as a result of the operation of paragraph (b)),
(b)  the person’s employment is taken to have been terminated under section 41 of the Government Sector Employment Act 2013,
(c)  the person is taken to have been appointed as the Chairperson of the Board of the Authority,
(d)  the person’s appointment as the Chairperson is subject to Schedule 1 to this Act.
13   Transfer of staff employed in existing staff agency
The persons employed under the Government Sector Employment Act 2013 in the Board of Studies, Teaching and Educational Standards Staff Agency immediately before the commencement of this clause are transferred to the Education Standards Authority Staff Agency.