32DSuspension of employees from duty pending certain decisions or on lapsing of working with children check clearance

#### 32D Suspension of employees from duty pending certain decisions or on lapsing of working with children check clearance 32D Suspension of employees from duty pending certain decisions or on lapsing of working with children check clearance > > (1) If an allegation that a permanent employee has engaged in misconduct is being dealt with as a disciplinary matter in accordance with the procedural guidelines, the Secretary may suspend the employee from duty until the allegation of misconduct has been dealt with. > > > (2) If a permanent employee— > > > > > (a) is charged with an offence referred to in section 32C, or > > > > > (a1) is a charged person within the meaning of Part 6A, or > > > > > (b) is the subject of an interim bar, or > > > > > (c) is refused a working with children check clearance and the period for an application under Part 4 of the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051) has not elapsed or an application has been made under that Part and has not been determined, or > > > > > (d) is not the holder of a clearance and is eligible to apply, but has not applied, for a clearance, > > > > the Secretary may suspend the employee from duty until the employee is notified by the Secretary that the suspension has been lifted. > > > (3) Any salary payable to a person as a permanent employee while the person is suspended from duty under this section is (if the Secretary so directs) to be withheld. > > > (4) The salary withheld under subsection (3) is forfeited to the State unless the Secretary otherwise directs or that salary was due to the person in respect of a period before the suspension was imposed. > > > (5) Words and expressions used in this section have the same meaning as they have in the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051). > > **s 32D:** Ins 2006 No 24, Sch 1.3 \[5\]. Am 2012 No 51, Sch 4.5 \[1\] \[2\]; 2016 No 56, Sch 4 \[1\].