New South Wales Consolidated Acts

TECHNICAL AND FURTHER EDUCATION COMMISSION ACT 1990 - SECT 22W

22W Effect of person ceasing to be prohibited person

(1) This section applies to a person who is dismissed under section 22T and who subsequently ceases to be a prohibited person.

Note: A person ceases to be a prohibited person in relation to an offence if an order is made under the Commission for Children and Young People Act 1998 that the relevant provisions of that Act do not apply in respect of the offence or if the relevant conviction is overturned on appeal.

(2) If the person ceases to be a prohibited person because the conviction for the offence in respect of which the person is a prohibited person is overturned by a court on appeal, the person is entitled to be reinstated to, or re-employed in, a position in the TAFE Commission Division of the Government Service that is similar to the position that the person held when the person’s employment was terminated under section 22T.

(3) If:

(a) the person ceases to be a prohibited person because of an order under Subdivision 2 of Division 2 of Part 7 of the Commission for Children and Young People Act 1998 , and

(b) a period of not more than 12 months has elapsed since the date on which the person’s employment was terminated under section 22T,

the person is entitled to be reinstated to, or re-employed in, a position in the TAFE Commission Division of the Government Service that is similar to the position that the person held when his or her employment was terminated.

(4) A person, on being reinstated or re-employed under this section, is taken:

(a) to have never been dismissed from the Government Service, and

(b) to have been on leave without pay during the period between dismissal and reinstatement or re-employment.

(5) The regulations may make provision for or with respect to the entitlements of a person who is reinstated or re-employed under this section after the person’s employment is terminated by operation of this Part and who has received any payment in respect of a leave, superannuation or other employment-related entitlement as a result of the termination.

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

(7) For the purposes of this section, a person does not cease to be a prohibited person if a stay of the operation of the prohibition is granted under section 33K of the Commission for Children and Young People Act 1998 .