31Employers to notify of disciplinary action taken and certain resignations and retirements

31 Employers to notify of disciplinary action taken and certain resignations and retirements

[Section 31 Substituted by No. 79 of 2009, s. 19, Applied:01 Jan 2010]

(1)  In this section –

[Section 31 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 31 Subsection (1) amended by No. 47 of 2016, s. 27, Applied:10 Jul 2017] [Section 31 Subsection (1) amended by No. 47 of 2016, s. 27, Applied:10 Jul 2017] employer means the Department, TasTAFE, the Catholic Education Office, Hobart or the governing body, within the meaning of the Education Act 2016 , of a school that is registered under that Act;

unacceptable behaviour means behaviour of a person that –

(a) does not satisfy a standard of behaviour generally expected of a teacher; or

(b) is otherwise disgraceful or improper; or

(c) shows that the person is unfit to be a teacher.

(2)  If an employer employs a person who is a registered teacher or holder of a limited authority to teach and that employer –

(a) considers any behaviour of the person to be unacceptable behaviour; and

(b) because of that behaviour dismisses the person, or takes any other disciplinary action against the person –

the employer must notify the Board, in writing and within 28 days after so dismissing or taking other disciplinary action against the person, of the action taken by the employer and the details of the relevant behaviour.

Penalty:  Fine not exceeding 5 penalty units.

(3)  If a registered teacher or holder of a limited authority resigns or retires in circumstances which may have allowed his or her employer to consider any behaviour of the person to be unacceptable behaviour, the employer must notify the Board, in writing and within 28 days after the person has notified the employer of his or her resignation or retirement, of that resignation or retirement and the details of the relevant behaviour.