32KTermination of employment of unauthorised persons

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.

(2) The dismissal takes effect—

(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

(b) (Repealed)

(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.

(3) The dismissal takes effect immediately without any right to a hearing or any requirement to comply with the rules of procedural fairness.

(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.

(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.

(6) Any regulation made under subsection (5) has effect despite any other Act or law.

s 32K: Ins 2006 No 24, Sch 2.3 [2]. Am 2012 No 51, Sch 4.5 [7]–[10].