EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.3.10 Dismissal, suspension and termination of employment

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.3.10

S. 2.3.10(1) amended by No. 19/2014 s. 38(1), substituted by No. 31/2018 s. 33(2), amended by No. 34/2020 s. 212.

    (1)     A school council must dismiss or remove a person who is employed or engaged by the council as a teacher or an early childhood teacher and who has, at any time, been convicted or found guilty of a category A offence in Victoria or an equivalent offence in another jurisdiction or been given a WWC exclusion.

S. 2.3.10(2) amended by No. 19/2014 s. 38(2)(a).

    (2)     If a person who is employed or engaged by a school council as a teacher within the meaning of Part 2.6 or an early childhood teacher 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—

S. 2.3.10(2)(a) amended by No. 19/2014 s. 38(2)(b).

        (a)     suspend the person without pay from duty as a teacher or an early childhood 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.

S. 2.3.10(3) amended by No. 19/2014 s. 38(3).

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

        (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).

S. 2.3.10A inserted by No. 19/2014 s. 39.