New South Wales Consolidated Acts

TECHNICAL AND FURTHER EDUCATION COMMISSION ACT 1990 - SECT 22T

22T Termination of employment of prohibited persons

(1) A member of staff who is or becomes a prohibited person and who is employed in child-related employment at a TAFE establishment is, by operation of this section, dismissed from the Government Service.

(2) The dismissal takes effect:

(a) if the person becomes a prohibited person after being appointed as a member of staff-when the person becomes such a prohibited person, or

(b) if the person was a prohibited person immediately before the commencement of this section-on the commencement of this section, or

(c) if the person became a prohibited person after the commencement of this section and before being appointed as a member of staff-when the appropriate Division Head becomes aware that the person is such a prohibited person.

(3) The dismissal takes effect immediately without any right to a hearing or any requirement to comply with the rules of procedural fairness.

(4) A reference in this section to a prohibited person who is employed in child-related employment at a TAFE establishment includes a reference to a prohibited person whose substantive position as a member of staff involves child-related employment but who is, for the time being, performing other duties that do not involve child-related employment.

(5) The regulations may make provision for or with respect to the entitlements of a person whose employment is terminated by operation of this section and who has received any payment in respect of a leave, superannuation or other employment-related entitlement in respect of a period following the date of the termination.

(6) Any regulation made under subsection (5) has effect despite any other Act or law.