State Sector Amendment Act 1989

1: Short Title and commencement
1: This Act may be cited as the State Sector Amendment Act 1989, and shall be read together with and deemed part of the State Sector Act 1988
2: This Act shall come into force on the 1st day of October 1989.
2: Interpretation
1:
2:
3:
4: Subsection (1) repealed 19 December 1989 section 32(1) State Sector Amendment Act (No 2) 1989 Subsection (2) repealed 19 December 1989 section 32(1) State Sector Amendment Act (No 2) 1989 Subsection (3) repealed 15 May 1991 State Sector Amendment Act 1991 Subsection (4) repealed 15 May 1991 State Sector Amendment Act 1991
3:
4: Section 4 repealed 19 December 1989 section 32(1) State Sector Amendment Act (No 2) 1989
5:
6:
7: Section 7 repealed 15 May 1991 Employment Contracts Act 1991
8: Repeals and revocations
1: The enactments specified in Schedule 1
2: The regulations specified in Schedule 2
3:
4: The Secondary and Technical Institute Teachers Disciplinary Regulations 1969 paragraph (a) of regulation 3 Subsection (3) repealed 1 January 1992 section 35(3)﻿(b) Education Amendment Act (No 4) 1991 Transitional provisions
9: Transitional provisions in relation to senior officers
1: Any person who at the commencement of this Act holds any position to which section 77J section 3
2: Nothing in sections 77G 77J section 3
3: Until such time as the conditions of employment have been agreed upon, under subsection (1) of this section, between the person appointed and the employer, the person appointed shall continue to be employed on conditions of employment identical to those conditions of employment that applied in relation to that person immediately before the 1st day of October 1989 except to the extent that any such conditions of employment are specifically repealed or revoked by this Act or are inconsistent with any of the provisions of this Act in which case the provisions of this Act shall prevail.
10: Transitional provisions in respect of appointments to Education service
Every person who, at the commencement of this Act, holds any position in the Education service shall continue to hold that position as if that person had been appointed under this Act.
11: Awards and agreements
Every award and every agreement relating to the terms and conditions of employment of employees in the Education service which was in force immediately before the commencement of this Act shall continue in force in accordance with the Labour Relations Act 1987
12: Identical conditions of employment in respect of Education service
1: The terms and conditions of employment of every person who, at the commencement of this Act, holds any position in the Education service shall, on the 1st day of October 1989 (and thereafter until varied) be identical with the terms and conditions of that person's employment in the Education service immediately before the 1st day of October 1989.
2: The terms and conditions of employment of every person who commences employment in the Education service on or after the 1st day of October 1989 shall, until varied, be identical with the terms and conditions of employment of persons who were employed in the Education service immediately before the 1st day of October 1989.
3: Notwithstanding anything in subsection (1) or subsection (2) of this section, the provisions of any repealed Act, or of any regulation that has been revoked by this Act, shall continue to apply for the purposes of this Act only to the extent that they are expressly referred to and expressly applied by this Act or any other Act.
13: Appeal rights of employees of Education service
1: Notwithstanding anything in this Act, if, immediately before the commencement of this Act, any person has an appeal pending under the Education Act 1964 Education Act 1964
2: The decision on any appeal to which subsection (1) of this section applies shall be binding on both the employee and the employer and shall be implemented as far as practicable in the same manner as if the Education Act 1964
14: Disciplinary action
1: Any disciplinary proceedings commenced under the Education Act 1964
2: The decision in any proceedings to which subsection (1) of this section applies shall be binding on both the employee and the employer and shall be implemented as far as practicable in the same manner as if the Education Act 1964
15: Priority rights protected
1: Where at the date of the commencement of this Act any teacher had become entitled to any priority right under the Education Act 1964
a: Where the priority right relates to service as a primary school teacher, that priority right shall remain in effect for the same period and on the same conditions as applied immediately before the commencement of this Act:
b: Where the priority right relates to service as a secondary teacher, that priority right shall expire not later than the 30th day of September 1991, but in all other respects shall remain in effect on the same conditions as applied immediately before the commencement of this Act.
2: Every employer shall, as far as possible, give effect to any priority right in the same manner and to the same extent as was required immediately before the commencement of this Act.
3: For the purposes of this section,—
a: The term priority right Education Act 1964
b: References in any regulations made under the Education Act 1964
16: Application of Wages Protection Act 1983
For the avoidance of doubt, employment in the Education service is hereby declared to be employment by the Crown for the purposes of the Wages Protection Act 1983