Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 13, 1972
Compilation date: 6 December 1988
Includes amendments up to: Act No. 109, 1988
About this compilation
This compilation
This is a compilation of the Commonwealth Teaching Service Act 1972 that shows the text of the law as amended and in force on 6 December 1988 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I--Preliminary
1 Short Title
2 Commencement
4 Interpretation
5 Application of Act
Part II--Administration
6 Object of Act
7 Functions of relevant authorities
8 Delegation
Part III--The Commonwealth Teaching Service
Division 1--Establishment of the Service
19 Establishment of Commonwealth Teaching Service
Division 2--Officers and Employees
20 Officers
21 Recruitment of officers
22 Appointments to be on probation
23 Employees
Division 3--Classifications and Promotions
25 Creation and abolition of positions
26 Reclassification
27 Filling of vacant positions
28 Selection of officers for promotion or transfer
29 Appeals against promotions
30 Promotions Appeal Boards
Division 4--Joint Selection Committees
31 Transfer or promotion on advice of Joint Selection Committee
32 Joint Selection Committee
33 Procedure of Joint Selection Committee
34 Arrangements where no Joint Selection Committee or where advice of Committee not accepted
34A Promotion and transfer on advice of Joint Selection Committee not subject to appeal
Division 5--Forfeiture of Office
34B Forfeiture of office
34C Re-appointment of officers and temporary employees deemed to have retired under section 34B
Division 5A--Attachment of Salaries
34D Attachment of salaries of officers
Division 6--Dismissals and Punishments
35 Disciplinary action for misconduct
36 Appeals
37 Disciplinary Appeal Board
Division 10--Transfer of certain members to the Teaching Service of the Northern Territory
43R Interpretation
43S Minister to be satisfied as to form of Northern Territory law
43T Minister may transfer members to Teaching Service of Northern Territory
43U Right to re-enter Commonwealth Teaching Service by way of transfer or promotion
43V Application for re-appointment to Service
43W Re-appointment to Service
43X Rights of officers upon re-appointment
43Y Constitution of, and inquiries by, committees
PART IV--Commonwealth Teaching Service Scholarships
44 Commonwealth Teaching Service Scholarships
45 Benefits to be by way of financial assistance
46 Payment of benefits under scholarships
47 Tenure of scholarship
48 Benefits to be paid out of moneys appropriated by Parliament
49 Information to be furnished in relation to scholarships
Part V--Miscellaneous
50 Delegation
50A Transfer of persons where functions to be performed by Commonwealth authority
51 Approvals
52 Annual report
53 Regulations
The Schedules
Second Schedule
The Schedules
Third Schedule
Endnotes
Endnote 1--Legislation history
Endnote 2--Amendment history
Endnote 1--Legislation history
This endnote sets out details of the legislation history of the Commonwealth Teaching Service Act 1972.
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
13, 1972 | 17 Apr 1972 | (s 1, 2): Royal Assent |
| |
Commonwealth Teaching Service Act 1973 | 98, 1973 | 14 Sept 1973 | s 3(1) and 5: (a) | -- |
as amended by |
|
|
|
|
23, 1976 | 13 Apr 1976 | 13 Apr 1976 | -- | |
A.C.T. Self-Government (Consequential Provisions) Act 1988 | 109, 1988 | 6 Dec 1988 | s 32 (in part): 11 May 1989 (see gaz 1989, No. s164)(b) | -- |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | 31 Dec 1973 | s 9(1) and 10 |
23, 1976 | 13 Apr 1976 | 13 Apr 1976 | ||
26, 1977 | 5 May 1977 | 1 Apr 1977 | -- | |
177, 1980 | 17 Dec 1980 | Part V (s 54--56): Royal Assent (c) | -- | |
5, 1981 | 13 Mar 1981 | 13 Mar 1981 | ||
61, 1981 | 12 June 1981 | s 115: Royal Assent (d) | -- | |
74, 1981 | 18 June 1981 | s 158--165, 169, 171 and 174--176: 10 Aug 1981 (see Gaz 1981, No. s 161) | s 164(2), 176 and 264 | |
26, 1982 | 7 May 1982 | s 80-82: 4 June 1982 (e) s 83: 10 Aug 1981 (e) | -- | |
92, 1982 | 22 Nov 1983 | 22 Nov 1983 | -- | |
115, 1983 | 16 Dec 1983 | (f) s 41: 1 June 1984 (see Gaz 1984, No S201) | -- | |
63, 1984 | 25 June 1984 | s 153: 1 Nov 1984 (see Gaz 1984, No. S383) (g) | -- | |
165, 1984 | 25 Oct 1984 | s 3: 22 Nov 1984 (h) | ||
21, 1988 | 11 May 1988 | s 1-3, 4(2) and 5--11: 25 May 1988 (see Gaz 1988, No. S144)
| ||
as amended by |
|
|
|
|
A.C.T. Self-Government (Consequential Provisions) Act 1988 | 109, 1988 | 6 Dec 1988 | s 32 (in part): 11 May 1989 (see Gaz 1989, No. S164) (j) | -- |
Commonwealth Employees' Rehabilitation and Compensation Act 1988 | 75, 1988 | 24 June 1988 | s 1 and 2: Royal Assent | s 3 |
80, 1988 | 24 June 1988 | 1 July 1988 (see Gaz 1988, No S190) | -- | |
87, 1988 | 8 Nov 1988 | s 1 and 2: Royal Assent Remainder: 1 Mar 1989 (see s 2(2) and Gaz 1989, No S53) | s 7(4) | |
A.C.T. Self-Government (Consequential Provisions) Act 1988 | 109, 1988 | 6 Dec 1988 | s 32 (in part): 11 May 1989 (see Gaz S1989, No S164) | -- |
(a) Subsection 3(1) of the Commonwealth Teaching Service Act 1973 was repealed by section 32 of the A.C.T. Self-Government (Consequential Provisions) Act 1988 before a date was fixed for its commencement. Section 5 of the Commonwealth Teaching Service Act 1973 was repealed by subsection 6(2) of the Commonwealth Teaching Service Act 1976 before a date was fixed for its commencement.
(b) The Commonwealth Teaching Service Act 1973 was amended by section 32 only of the A.C.T. Self-Government (Consequential Provisions) Act 1988, subsection 2(3) of which provides as follows:
(3) The remaining provisions of this Act (including the amendments made by Schedule 5) commence on a day or days to be fixed by Proclamation.
(c) The Commonwealth Teaching Service Act 1972 was amended by Part V (sections 54-56) only of the Public Service and Statutory Authorities Amendment Act 1980, subsection 2(1) of which provides as follows:
(1) Sections 1, 2, 3 and 4, subsections 5(2) and 7(2), (5), (6) and (7), sections 8, 9, 10, 11, 12, 13, 16, 17, 18 and 19, subsections 21(1) and 37(5), sections 38, 43 and 44, subsections 45(10) and sections 46 to 66 (inclusive) shall come into operation on the day on which this Act receives the Royal Assent.
(d) The Commonwealth Teaching Service Act 1972 was amended by section 115 only of the Statute Law Revision Act 1981 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.
(e) The Commonwealth Teaching Service Act 1972 was amended by sections 80-83 only of the Statute Law (Miscellaneous Amendments) Act (No. 1) 1982, subsections 2(4) and (12) of which provide as follows:
(4) Section 83 shall be deemed to have come into operation on 10 August 1981.
(12) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.
(f) The Conciliation and Arbitration Amendment Act (No. 2) 1983 was repealed by section 3 of the Industrial Relations (Consequential Provisions) Act 1988.
(g) The Commonwealth Teaching Service Act 1972 was amended by section 153 only of the Public Service Reform Act 1984, subsection 2(4) of which provides as follows:
(4) The remaining provisions of this Act shall come into operation on such day as is, or on such respective days as are, fixed by Proclamation.
(h) The Commonwealth Teaching Service Act 1972 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984 , subsection 2(1) of which provides as follows:
(1) Subject to this section, this Act shall come into operation on the twenty -eighth day after the day on which it receives the Royal Assent.
(i) Subsection 4(1) of the Commonwealth Teaching Service Amendment Act 1988 was repealed by section 32 of the A.C.T. Self -Government (Consequential Provisions) Act 1988 before a date was fixed for its commencement.
(j) The Commonwealth Teaching Service Amendment Act 1988 was amended by section 32 only of the A.C.T. Self-Government (Consequential Provisions) Act 1988, subsection 2(3) of which provides as follows:
(3) The remaining provisions of this Act (including the amendments made by Schedule 5) commence on a day or days to be fixed by Proclamation.
Provision affected | How affected |
s 2..................... | am No 98, 1973 |
s 3..................... | am No 98, 1973 |
| rep No 216, 1973 |
s 4..................... | am No 98, 1973; No 216, 1973; No 23, 1976; No 74, 1981; No 21, 1988; No 80, 1988 |
Part II |
|
s 6..................... | rs No 74, 1981 |
s 7..................... | rs No 74, 1981 |
s 8..................... | am No 98, 1973; |
| rs No 23, 1976; No 74, 1981 |
s 9..................... | rep No 74, 1981 |
s 10.................... | rep No 74, 1981 |
s 11.................... | rep No 74, 1981 |
s 12.................... | rep No 74, 1981 |
s 13.................... | rep No 74, 1981 |
s 14.................... | am No 98, 1973 |
| rep No 74, 1981 |
s 15.................... | am No 98, 1973 |
| rep No 74, 1981 |
s 16.................... | am No 216, 1973; No 23, 1976 |
| rep No 74, 1981 |
s 17.................... | am No 23, 1976 |
| rep No 74, 1981 |
s 18.................... | am No 5, 1981 |
| rep No 74, 1981 |
s 19.................... | am No 98, 1973 |
| rs No 74, 1981 |
| am No 21, 1988 (as am by No 109, 1988); No 109, 1988 |
s 20.................... | am No 98, 1973; No 74, 1981; No 26, 1982; No 63, 1984 |
s 21.................... | am No 74, 1981 |
s 22.................... | am No 74, 1981 |
s 23.................... | am No 98, 1973; No 74, 1981; No 26, 1982; No 63, 1984 |
s 23A................... | ad No 177, 1980 |
| am No 61, 1981; No 74, 1981 |
| rep No 92, 1983 |
s 23B................... | ad No 177, 1980 |
| rep No 92, 1983 |
s 24.................... | am No 216, 1973 |
| rep No 74, 1981 |
s 25.................... | rs No 74, 1981; No 165, 1984 |
s 26.................... | am No 98, 1973; No 74, 1981; No 165, 1984 |
s 27.................... | am No 74, 1981 |
s 28.................... | am No 74, 1981 |
| rs No 21, 1988 |
s 29.................... | am No 74, 1981; No 21, 1988 |
s 30.................... | am No 98, 1973; No 23, 1976; No 74, 1981; No 26, 1982 |
Part III |
|
Division 4 |
|
s 31.................... | am No 74, 1981 |
| rep No 74, 1981 |
| ad No 21, 1988 |
s 32.................... | am No 98, 1973; No 74, 1981 |
| rep No 74, 1981 |
| ad No 21, 1988 |
Division 5 |
|
s 33.................... | rep No 23, 1976 |
s 34A................... | ad No 21, 1988 |
s 34B................... | ad No 21, 1988 |
s 34C................... | ad No 21, 1988 |
Division 5A |
|
s 34D................... | ad No 21, 1988; |
s 34.................... | am No 74, 1981 |
| rep 74, 1981 |
s 35.................... | am No 98, 1973; No 74, 1981 |
s 36.................... | am No 98, 1973; No 74, 1981 |
s 37.................... | am No 98, 1973; No 23, 1976; No 74, 1981 |
Division 7 |
|
Division (heading)........... | am No 23, 1976 |
| rep No 87, 1988 |
s 38.................... | am No 74, 1981; No 115, 1983 |
| rep No 87, 1988 |
s 39.................... | am No 98, 1973; No 216, 1973; No 177; 1980; No 92, 1983; No 115, 1983; No 75, 1988 |
| rep No 87, 1988 |
s 40.................... | rep No 115, 1983 |
s 41.................... | am No 115, 1983 |
| rep No 87, 1988 |
s 42.................... | am No 115, 1983 |
| rep No 87, 1988 |
s 43.................... | am No 23, 1976; No 74, 1981; No 115, 1983 |
| rep No 87, 1988 |
Division 8 |
|
s 43A................... | ad No 98, 1973 |
| am No 216, 1973 |
| rep No 21, 1988 |
s 43B................... | ad No 98, 1973 |
| rep No 21, 1988 |
s 43C................... | ad No 98, 1973 |
| rep No 21, 1988 |
s 43D................... | ad No 98, 1973 |
| rep No 21, 1988 |
s 43E................... | ad No 98, 1973 |
| rep No 21, 1988 |
s 43F................... | ad No 98, 1973 |
| rep No 21, 1988 |
s 43G................... | ad No 98, 1973 |
| rep No 21, 1988 |
s 43H................... | ad No 98, 1973 |
| rep No 21, 1988 |
s 43I.................... | ad No 98, 1973 |
| rep No 21, 1988 |
s 43J.................... | ad No 98, 1973 |
| rep No 21, 1988 |
s 43K................... | ad No 98, 1973 |
| rep No 21, 1988 |
s 43L................... | ad No 98, 1973 |
| rep No 21, 1988 |
s 43M................... | ad No 98, 1973 |
| rep No 21, 1988 |
s 43N................... | ad No 98, 1973 |
| am No 216, 1973 |
| rep No 21, 1988 |
Division 9 |
|
Division 9 | ad No 23, 1976 |
| rep No 109, 1988 |
s 43P................... | ad No 23, 1976 |
| am No 26, 1977 |
| rep No 109, 1988 |
s 43Q................... | ad No 23, 1976 |
| am No 26, 1977 |
| rep No 109, 1988 |
Division 10 |
|
Division 10............... | ad No 5, 1981 |
s 43R................... | ad No 5, 1981 |
s 43S................... | ad No 5, 1981 |
s 43T................... | ad No 5, 1981 |
| am No 74, 1981 |
s 43U................... | ad No 5, 1981 |
| am No 74, 1981; No 21, 1988 |
s 43V................... | ad No 5, 1981 |
| am No 74, 1981 |
s 43W................... | ad No 5, 1981 |
| am No 74, 1981 |
s 43X................... | ad No 5, 1981 |
| am No 74, 1981; No 21, 1988 |
s 43Y................... | ad No 5, 1981 |
| am No 74, 1981; No 87, 1988 |
s 50.................... | am No 98, 1973; No 216, 1973; No 23, 1976 |
| rs No 74, 1981 |
s 50A................... | ad No 21, 1988 |
s 51.................... | rs No 74, 1981 |
s 52.................... | am No 216, 1973; No 74, 1981 |
s 53.................... | am No 74, 1981 |
The Schedules |
|
First Schedule............. | rep No 74, 1981 |