Victorian Consolidated Legislation

Education and Training Reform Act 2006 - SECT 2.3.10.

Dismissal, suspension and termination of employment

2.3.10. Dismissal, suspension and termination of employment



(1) A school council must dismiss or remove a person who is employed or
engaged by the council as a teacher and who has, at any time, in Victoria or
elsewhere, been convicted or found guilty of a sexual offence.

(2) If a person who is employed or engaged by a school council as a teacher
within the meaning of Part 2.6 is refused registration or permission to teach
under this Act or has had his or her registration or permission to teach
cancelled or suspended under this Act, the council may-

   (a)  suspend the person without pay from duty as a teacher for the period
        that the person's registration or permission to teach is refused,
        cancelled or suspended; or

   (b)  without limiting any of the council's other powers, dismiss or remove
        the person.

(3) If a person employed or engaged by a school council as a teacher within
the meaning of Part 2.6-

   (a)  is refused registration or permission to teach under this Act or has
        his or her registration or permission to teach cancelled or suspended
        under this Act; and

   (b)  remains unregistered or without permission to teach for a continuous
        period of 12 months-

the employment or engagement of that person ceases, by virtue of this
subsection, at the end of that period of 12 months.

(4) For the purposes of subsection (3)(b), any period during which a person
remains unregistered or without permission to teach does not include any
period during which the person is on leave approved by the school council.

(5) The school council must notify in writing a person whose employment or
engagement has ceased under subsection (3).

Division 5-Further powers of school councils