New South Wales Teachers' Federation v Director-General of Education and Training (NSW) [2006] NSWIRComm 268

Industrial Court of New South Wales

CITATION: New South Wales Teachers' Federation v Director-General of Education and Training (NSW) [2006] NSWIRComm 268

APPELLANT: New South Wales Teachers' Federation PARTIES: RESPONDENT: Director-General of Education and Training (NSW)

FILE NUMBER(S): IRC 2967 of 2005

CORAM: Wright J President; Boland J; Backman J

APPEAL - Declarations - Declaratory relief under section 154 of the Industrial Relations Act 1996 - Jurisdiction to bring disciplinary proceedings involving allegations of serious misconduct alleged to have occurred prior to the promulgation of the Teaching Service Act 1980 - Leave to appeal granted - appeal upheld - Declaratory relief made in favour of respondent - No order for costs CATCHWORDS: APPEAL - Statutory Interpretation - Construction of s 83 of the Teaching Service Act 1980 - Interpretation of Teaching Service 1970 Act - Interpretation of Interpretation Act 1987

Education Commission Act 1980 Education Legislation Amendment (Staff) Act 2006 Industrial Relations Act 1996 LEGISLATION CITED: Interpretation Act 1987 Miscellaneous Acts (Education Commission) Repeal and Amendment Act 1980 Public Service Act 1979 Teaching Services Act 1970 Teaching Services Act 1980

Attorney-General for the State of Queensland v Australian Industrial Relations Commission and others (2002) 213 CLR 485 Attorney-General (WA) v Marquet (2003) 217 CLR 545 Beaumont v Yeomans (1934) 34 SR (NSW) 562 Bird v John Sharp & Sons Pty Ltd (1942) 66 CLR 233 Commission for Children and Young People v "A" (2003) 56 NSWLR 486 Commissioner for Children and Young People v "A" (No 2) [2004] NSWIRComm 8 Kartinyeri v Commonwealth (1998) 195 CLR 337 Maxwell v Murphy (1957) 96 CLR 261 CASES CITED: New South Wales Teachers Federation v Managing Director NSW TAFE Commission (2003) 123 IR 384 New South Wales Teachers' Federation v Director-General of Education and Training (NSW) [2005] NSWIRComm 162 New South Wales Teachers' Federation v Director-General of Education and Training (NSW) [2005] NSWIRComm 194 Ogden Industries Pty Ltd v Lucas (1967) 116 CLR 537 Police Association of New South Wales v Commissioner of Police (2002) 123 IR 301 Rodway v The Queen (1990) 169 CLR 515 The Queen v White and others; Ex Parte Byrnes (1963) 109 CLR 665 Victorian Stevedoring and General Contracting Company Proprietary Limited v Dignan; Meakes v Dignan (1931) 46 CLR 73 Wright v Hale (1860) 6 H&N 227