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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.4.31

Saving of rights of persons holding Government office

    (1)     Subsection (2) applies to a person who ceases to hold an office of a type specified by Ministerial Order if that person—

        (a)     was immediately before his or her employment to that office, an employee; and

        (b)     has continuously held an office of a type specified by Ministerial Order since the person ceased to be an employee.

S. 2.4.31(2) amended by No. 45/2009 s. 5(1).

    (2)     A person referred to in subsection (1) who satisfies the criteria set out in subsection (2A), is entitled to be re-employed by the Secretary to an on-going position in the teaching service with a classification and emoluments corresponding with or higher than those the person enjoyed in the position in the teaching service which he or she last held as if that service in the office or offices has been service in the teaching service.

S. 2.4.31(2A) inserted by No. 45/2009 s. 5(2).

    (2A)     For the purposes of subsection (2), the criteria for a person to be entitled to be re‑employed are as follows—

        (a)     if the person was employed as a teacher immediately before the person's employment to an office of a type specified by Ministerial Order, the person satisfies the eligibility criteria set out in the Ministerial Order referred to in section 2.4.7(1);

        (b)     if the person was not employed as a teacher immediately before the person's employment to an office of a type specified by Ministerial Order , the person satisfies the criteria set out in a Ministerial Order made under section 5.10.4 for or with respect to a matter referred to in item 8 of Schedule 6;

S. 2.4.31
(2A)(c) substituted by No. 31/2018 s. 33(5), amended by No. 34/2020 s. 215.

        (c)     the person has not, 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;

        (d)     if the person is to be re-employed as a teacher, the person is registered under Part 2.6.

    (3)     Nothing in this or any other Act regulating or restricting the employment of persons to positions in the teaching service applies to employment by the Secretary under this section.

S. 2.4.31(4) inserted by No. 45/2009 s. 5(3).

    (4)     A person may apply to a Merit Protection Board for a review of a decision by the Secretary to refuse to re-employ the person to an on-going position in the teaching service if—

        (a)     the person is not a member of the teaching service; and

        (b)     the grounds for the refusal are that the person does not possess the qualifications or experience required by a Ministerial Order necessary for re-employment to an on-going position in the teaching service.



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