Victorian Current Acts

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EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.4.59

Suspension and dismissal of unregistered teachers

    (1)     This section only applies to employees in the teaching service who are required to be registered as a teacher under Part 2.6.

    (2)     If an employee in the teaching service is refused registration under Part 2.6 or has had his or her registration suspended or cancelled under that Part, the Secretary may suspend the employee without pay from duty in the teaching service for the period that the employee's registration is refused, suspended or cancelled.

    (3)     A suspension under subsection (2) continues at the Secretary's discretion until—

        (a)     the employee is registered under Part 2.6; or

        (b)     the employee is dismissed or removed from the teaching service.

    (4)     Without limiting the Secretary's powers under Division 2, the Secretary may dismiss or terminate the employment of a temporary employee if the person has been refused registration under Part 2.6 or has had his or her registration suspended or cancelled under that Part.

    (5)     If an employee—

        (a)     is refused registration under Part 2.6 or has had his or her registration under that Part suspended or cancelled; and

        (b)     remains unregistered for a continuous period of 12 months—

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

    (6)     For the purposes of subsection (5)(b), any period during which a person remains unregistered does not include any period during which the person is on leave approved by the Secretary.

    (7)     The Secretary must notify in writing a person whose employment has ceased under subsection (5).

Pt 2.4 Div. 9A (Heading and ss 2.4.59A 2.4.59H) inserted by No. 70/2008 s. 12.

Division 9A—Unsatisfactory performance

S. 2.4.59A inserted by No. 70/2008 s. 12.



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