Western Australian Consolidated Acts Western Australian Consolidated Acts[Section 246(4)]
1 . Terms used in this Schedule
In this
Schedule —
commencement means the commencement of this Act;
repealed Act means the Education Act 1928 .
2 . Interpretation Act 1984 not affected
The provisions of this
Schedule do not affect the application of the Interpretation Act 1984 to
and in relation to the —
(a)
repeal effected by section 246; or
(b) any
other aspect of the operation of this Act.
3 . Property vested in Minister
All property that
immediately before the commencement is vested in the Minister under
section 6 of the repealed Act is, on the commencement, vested in the
Minister for the purposes of section 215.
4 . Delegations under section 6AA
A delegation under
section 6AA of the repealed Act that is in force immediately before the
commencement is to be taken on the commencement to be a delegation under
section 224.
5 . Agreements and licences under section 6A
An arrangement entered
into, and a licence granted, under section 6A of the repealed Act that
are in force immediately before the commencement are to be taken on the
commencement to be respectively —
(a) an
arrangement entered into under section 219; and
(b) a
licence to give effect to that arrangement granted in terms of
subsection (2) of that section.
(1)
Section 218(3) applies to a licence under section 6B of the repealed
Act for the use of tangible property vested in the Minister that is in force
immediately before the commencement.
(2) Section 220
applies to a licence referred to in subclause (1) if immediately before
the commencement it came within section 6C of the repealed Act.
(1) A
person —
(a)
appointed by the Minister as a teacher in the Education Department under
section 7(2) of the repealed Act; and
(b)
holding office as such immediately before the commencement,
is to be taken on the
commencement to have been engaged as a member of the teaching staff under
section 236(2).
(2) A
person —
(a)
appointed by the Minister as an employee (other than as a teacher) in the
Education Department under section 7(2) of the repealed Act; and
(b)
employed under that section immediately before the commencement,
is to be taken on the
commencement to have been engaged as an officer (not being a member of the
teaching staff) referred to in section 236(2).
(3) The operation of
this clause in relation to a person’s employment does
not —
(a)
affect the person’s remuneration or terms and conditions of employment;
(b)
prejudice the person’s existing or accruing rights;
(c)
affect any rights under a superannuation scheme; or
(d)
interrupt continuity of service.
8 . Inquiries under section 7C
(1) If before the
commencement an inquiry under section 7C(3) of the repealed Act has begun
in relation to a teacher, the inquiry may continue and be completed
and —
(a) the
chief executive officer may exercise powers under the section; and
(b) the
section otherwise applies,
in relation to the
teacher as if the section had not been repealed.
(2) For the purposes
of subsection (1) an inquiry has begun under section 7C(3) if the
chief executive officer has in writing requested a person to hold the inquiry.
(1) The enrolment of a
student at a government school that has effect immediately before the
commencement is to be taken as an enrolment under this Act.
(2) Subclause (1)
applies whether or not the enrolment is in accordance with Division 4 of
Part 3, but does not limit the exercise of the powers in section 20, 83
or 92(6).
(1) A government
school that immediately before the commencement is in existence as a primary
school or a secondary school under section 9 of the repealed Act is to be
taken on the commencement to have been established under section 55 with
the same classification.
(2) If, within
6 months of the commencement, the chief executive officer declares a
government school to be a local-intake school the area for the purposes of
section 60(1)(b) in relation to the school is to be taken to be the area
described in relation to the school in a notice under section 21(2) of
the repealed Act, unless the chief executive officer otherwise defines the
area.
(1) A school that
immediately before the commencement is registered in the register of efficient
schools under section 32B of the repealed Act is to be taken on the
commencement to be registered under section 160.
(2) If a school
referred to in subclause (1) is included in an order under
section 169 it is to be taken to be registered as a system school for the
purposes of section 156(2).
(3) Subject to Part 4,
the registration provided for by subclause (1) continues in force for
3 years from the commencement.
12 . Certain existing pre-school centres continued
as registered schools
(1) A pre-school
centre —
(a) for
which a permit was in force under Part VIA of the repealed Act immediately
before the commencement; and
(b)
which does not have on its staff any employee who comes within a class
referred to in section 235(1),
is to be taken after
the commencement to be registered under section 160 as a non-system
school as if the permit were a certificate of registration under
section 162.
(2) Subject to Part 4,
the registration provided for by subclause (1) continues in force for
3 years from the commencement.
13 . Certain existing care-centres and pre-school
centres continued
(1) A care-centre or a
pre-school centre —
(a) for
which a permit was in force under Part VIA of the repealed Act immediately
before the repeal; and
(b)
which has on its staff any employee who comes within a class referred to in
section 235(1),
may continue in
operation, but is to be known as a community kindergarten.
(2) A permit referred
to in subclause (1) continues in force as a registration under Part 5.
(3) Despite
sections 192 and 199(1)(a), a child may attend a community kindergarten
continued by this clause in a year other than the first year of the
child’s pre-compulsory education period until 1 January 2001.
[ 14. Deleted by No. 43 of 2000 s. 62.]
(1) A notice under
section 9A(2) of the repealed Act that is in force immediately before the
commencement is to be taken on the commencement to be an order under
section 183.
(2) Guidelines
referred to in section 9A(5)(b) of the repealed Act that are in operation
immediately before the commencement continue in operation after the
commencement for the purposes of section 184(b).
A bank account that
immediately before the commencement is an approved account for the purposes of
section 9B(5)(b) of the repealed Act is to be taken on the commencement
to have been approved for the purposes of section 113(1).
17 . Registration for home education
A decision under
section 14(a) of the repealed Act (that the instruction of a child at
home is efficient) that is in force immediately before the commencement is to
be taken on the commencement to be a registration under section 48.
18 . Directions under section 20A
A direction under
section 20A of the repealed Act that is in force immediately before the
commencement continues in force despite the repeal but may at any time be
revoked by the chief executive officer.
19 . Suspension and exclusion of students
(1) A suspension under
section 20G(1) of the repealed Act that is in force immediately before
the commencement is to be taken on the commencement to be a suspension under
section 90.
(2) If before the
commencement a recommendation has been made under section 20G(2) of the
repealed Act but no determination has been made by the Minister, the
recommendation is to be treated after the commencement as if it had been made
to the chief executive officer under section 92(1).
(3) An order under
section 20G(4) of the repealed Act that is in force immediately before
the commencement —
(a) is
to be taken on the commencement to be an order made by the chief executive
officer under section 92(6); and
(b) may
be revoked or amended under section 94(3).
20 . School decision-making groups
(1) A school
decision-making group for a government school that immediately before the
commencement is in existence under Part VA of the repealed Act is to be taken
on the commencement to be the Council established for the school under
section 125.
(2) Regulations may be
made under section 244 providing for —
(a) the
way in which matters relating to Councils referred to in subclause (1)
are to be changed so that they conform to the requirements of
Subdivision 1 of Division 8 of Part 3; and
(b) the
time by which those changes are to be made.
21 . Parents and Citizens’ Associations
A Parents and
Citizens’ Association for a government school or group of schools that
immediately before the commencement is in existence under Part VI of the
repealed Act is to be taken on the commencement to be the Parents and
Citizens’ Association formed for the school or group of schools under
section 142.
22 . Transitional on repeal of
Industrial Relations Act 1979 s. 23B
An appeal in respect
of any matter referred to in section 23B(1)(a), (b) or (c) of the
Industrial Relations Act 1979 arising before the commencement of this Act
may be —
(a)
determined;
(b)
heard and determined; or
(c)
instituted, heard and determined,
as the case requires,
under the Industrial Relations Act 1979 as if section 23B of that
Act had not been repealed by this Act.
(1) If there is no
sufficient provision in this Schedule for dealing with a matter that needs to
be dealt with for the purpose of the transition from the repealed Act to this
Act, regulations may prescribe all matters that are required or necessary or
convenient to be prescribed for dealing with the matter.
(2) Regulations under
subclause (1) may provide that specific provisions of this Act or of
subsidiary legislation made under this Act —
(a) do
not apply; or
(b)
apply with or without specified modifications,
to or in relation to
any matter or thing.
(3) Regulations under
subclause (1) may have effect before the day on which they are published
in the Government Gazette .
(4) To the extent that
a regulation under subclause (1) has effect before the day of its
publication in the Government Gazette , it does not —
(a)
affect in a manner prejudicial to any person (other than the State), the
rights of that person existing before the day of its publication; or
(b)
impose liabilities on any person (other than the State) in respect of anything
done or omitted to be done before the day of its publication.
[Schedule 2 omitted under the Reprints Act 1984 s. 7(4)(e).]