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Education (School Administrative and Support Staff) Act 1987
32KTermination of employment of unauthorised persons
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#### 32K Termination of employment of unauthorised persons
32K Termination of employment of unauthorised persons
> > (1) A permanent or temporary employee who is or becomes an unauthorised person and who is employed in child-related work is, by operation of this section, dismissed as a member of the school administrative and support staff.
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> > (2) The dismissal takes effect—
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> > > (a) if the person becomes an unauthorised person after being appointed as a member of the school administrative and support staff—when the person becomes such a person, or
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> > > (b) (Repealed)
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> > > (c) if the person became an unauthorised person after the commencement of this section and before being appointed as a member of the school administrative and support staff—when the Secretary becomes aware that the person is such a person.
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> > (3) The dismissal takes effect immediately without any right to a hearing or any requirement to comply with the rules of procedural fairness.
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> > (4) A reference in this section to an unauthorised person who is employed in child-related work as a member of the school administrative and support staff includes a reference to a person whose substantive position as such a member involves child-related work but who is, for the time being, performing other duties that do not involve child-related work.
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> > (5) The regulations may make provision for or with respect to the entitlements of a person whose employment is terminated by operation of this section and who has received any payment in respect of a leave, superannuation or other employment-related entitlement in respect of a period following the date of the termination.
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> > (6) Any regulation made under subsection (5) has effect despite any other Act or law.
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> **s 32K:** Ins 2006 No 24, Sch 2.3 \[2\]. Am 2012 No 51, Sch 4.5 \[7\]–\[10\].