Victorian Current Acts

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.4.56

    (1)     If the Secretary is satisfied, on an inquiry under this section, that an employee is incapable of performing his or her duties on account of physical or mental incapacity, the Secretary may terminate the employment of the employee.

    (2)     For the purposes of section 2.4.25, an employee whose employment is terminated under subsection (1) is deemed to have retired on account of ill‑health.

    (3)     The Secretary must establish procedures for the investigation and determination of an inquiry under this section.

    (4)     The Secretary may—

        (a)     nominate a person; or

        (b)     constitute a Board of Review—

to investigate and report to the Secretary in connection with an inquiry under this section.

    (5)     If it is alleged that an employee is incapable of performing his or her duties by reason of physical or mental incapacity, the Secretary or a person nominated under subsection (4)(a) or a Board of Review constituted under subsection (4)(b) must give to the employee—

        (a)     notice in writing of the matters to be considered by the Secretary; and

        (b)     an opportunity to provide to the Secretary, nominated person or Board of Review, as the case may be, a response in writing to those matters.

    (6)     The Secretary must give to an employee who is the subject of an inquiry under this section notice in writing that the employee may make a submission in writing to the Secretary addressing one or more of the following matters—

        (a)     the grounds on which the employee is alleged to be incapable of performing his or her duties on account of physical or mental incapacity;

        (b)     whether termination of employment should occur.

    (7)     A submission under subsection (6) must be received by the Secretary not later than 14 days after the date on which the officer or employee is given notice in writing of the right to make a submission or any longer period permitted by the Secretary.

    (8)     The Secretary must consider any submission made in accordance with this section before determining the issue to which the submission, or that part of the submission, relates.

    (9)     The Secretary may make a determination under this section without holding an oral hearing.

    (10)     The Secretary may hold an oral hearing or take the evidence orally, or permit cross-examination, of all or any witnesses if the Secretary considers it appropriate to do so, having regard to—

        (a)     the seriousness of the allegation against the employee;

        (b)     any reasons submitted by the employee in support of a request for an oral hearing;

        (c)     whether the Secretary considers that an oral hearing would assist in evaluating the information submitted on the inquiry;

        (d)     any other matter that the Secretary considers relevant.

    (11)     The Secretary must, by notice in writing, advise the employee of—

        (a)     the determination of the Secretary on the inquiry; and

        (b)     if the Secretary takes action under subsection (1), the right to appeal to a Merit Protection Board.