(1) In this section, unless the contrary intention appears:
long service leave includes long leave, furlough, extended leave and any other leave in the nature of long service leave (however described).
member of the Service has the same meaning as in the Commonwealth Teaching Service Act 1972 as in force on 1 November 1988.
prescribed teacher means:
(a) a member of the Service who became such a member after 13 September 1973 and before 1 January 1974 and was, immediately before becoming such a member:
(i) employed in the teaching service of New South Wales and engaged in teaching duties in a Commonwealth school in the Australian Capital Territory; or
(ii) employed in the teaching service of South Australia and engaged in teaching duties in a Commonwealth school in the Northern Territory; or
(b) a member of the Service who became such a member after 31 December 1976 and before 1 April 1977 and was, immediately before becoming such a member, employed in the teaching service of New South Wales and engaged in full‑time teaching duties in the Australian Capital Territory in connection with the provision of technical and further education, that is to say, education provided by way of a course of instruction or training:
(i) that is, or that is preparatory to, a course of a kind relevant to a trade, technical or other skilled occupation; or
(ii) that otherwise meets the educational needs of persons who are not enrolled in a full‑time course of education at a primary school, a secondary school or a secondary college.
relevant date means:
(a) in relation to a prescribed teacher referred to in paragraph (a) of the definition of prescribed teacher—1 January 1974; and
(b) in relation to a prescribed teacher referred to in paragraph (b) of that definition—1 April 1977.
relevant State means, in relation to a prescribed teacher, the State in the teaching service of which he or she was employed immediately before becoming a member of the Service.
Service means the Commonwealth Teaching Service established by the Commonwealth Teaching Service Act 1972.
(2) Where, at any time, in the application to or in relation to a prescribed teacher of this Act, the period of long service leave to which he or she would, but for this section, be entitled, or the amount of pay in lieu of long service leave that would, but for this section, be payable to or in relation to him or her, under this Act is less than the period of leave to which he or she would be entitled, or the amount that would be payable to or in relation to him or her, as the case may be, if the scale of accrual of long service leave that would have been applicable in relation to him or her under the law of the relevant State as in force on the relevant date if he or she had continued to be employed in the teaching service of the relevant State were substituted for the scale of accrual of long service leave applicable to him or her at that time under this Act, the period of long service leave to which he or she is entitled, or the amount of pay in lieu of long service leave payable to or in relation to him or her, as the case may be, shall be determined in accordance with the first‑mentioned scale of accrual.
(3) This section ceases to apply on the commencement of the amendment of the definition of public authority of the Commonwealth in subsection 4(1) of this Act by the A.C.T. Self‑Government (Consequential Provisions) Act 1988.
Maternity Leave (Commonwealth Employees) Act 1973
Paragraph 5(1)(a)
Omit “or the Commonwealth Teaching Service Act 1972”.
Paragraph 5(1)(b)
After “other than” insert an enactment as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988 or a law of”.
Paragraph 5(2)(b)
After “other than” insert “an enactment as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988 or a law of”.
After paragraph 5(3)(a)
Insert the following paragraph:
(aa) a person who holds an office defined by section 73 of the Australian Capital Territory (Self‑Government) Act 1988 or an office established by or under an enactment as defined by section 3 of that Act;
Paragraph 11(1)(c)
Omit the paragraph.
Merit Protection (Australian Government Employees) Act 1984
Subsection 3(1) (definition of Commonwealth authority)
(a) Omit “(other than the Northern Territory)” (wherever occurring).
(b) Add at the end:
“but does not include:
(a) an enactment authority as defined by section 3 of the A.C.T. Self‑Government (Consequential Provisions) Act 1988, incorporated or established for a public purpose; or
(b) a body corporate incorporated, or an authority or body (not being a body corporate), incorporated or established for a public purpose by or in accordance with a law of the Northern Territory, being a body or authority employing staff otherwise than under the Public Service Act 1922;”.
Section 6
(a) Omit from paragraph (e) and (last occurring).
(b) Add at the end the following paragraphs and subsection:
(g) to provide to Secretaries of Departments services in connection with the establishment, constitution and operation of Joint Selection Committees under section 50DA or 50DB of the Public Service Act 1922; and
(h) with the consent of the Minister, to enter into an arrangement with the Australian Capital Territory or an authority of the Territory under which the Agency will perform, for the Territory or the authority, as the case may be, functions conferred by an enactment and similar, or substantially similar, to functions performed by the Agency under this Act.
(2) An arrangement referred to in paragraph (1)(h) may include provisions for payment by the other party to the arrangement for the performance of functions by the Agency in accordance with the arrangement.
Paragraph 59(4)(b)
After “State” (wherever occurring) insert “, of the Australian Capital Territory”.
Subparagraph 85(2)(k)(ii)
Omit the subparagraph.
Occupational Health and Safety (Commonwealth Employment) Act 1991
Subsection 5(1) (definition of Commonwealth authority)
Omit from paragraph (a) “other than”, substitute “other than the Australian Capital Territory,”.
Subparagraph 9(2)(c)(ii)
Omit “other than”, substitute “other than the Australian Capital Territory,”.
Ombudsman Act 1976
Subsection 3(1) (definition of Department)
Add at the end “but does not include the branch of the Australian Public Service comprising the transitional staff, as defined by section 3 of the A.C.T. Self‑Government (Consequential Provisions) Act 1988;”.
Subsection 3(1) (definition of Deputy Ombudsman for the Australian Capital Territory)
Omit the definition.
Subsection 3(1) (definition of enactment)
After “means” insert “, subject to section 3AA”.
Subsection 3(1) (definition of Ordinance)
After “enactment” insert “(other than a law that is, or provisions that are, an ACT enactment)”.
Subsection 3(1)
Insert the following definition:
ACT enactment means an enactment as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988.
Paragraph 3(7B)(a)
(a) After “including” insert “a reference to the Australian Capital Territory and”.
(b) Omit “and”.
Paragraph 3(7B)(b)
After “including” insert “a reference to an ACT enactment and”.
Subsection 3(7B)
Add at the end the following word and paragraph:
“; and (c) a reference to a Department or authority of a State, in relation to the Ombudsman of a State, shall be read as including a reference to:
(i) the Australian Capital Territory; or
(ii) a Territory authority as defined by section 3 of the Australian Capital Territory (Self‑Government) Act 1988;
as the case requires.”.