Victorian Numbered Acts

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EDUCATION AND TRAINING REFORM ACT 2006 (NO 24 OF 2006) - SECT 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 sub-section, at the end of that period of 12 months.

    (4)     For the purposes of sub-section (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 sub-section (3).



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