Termination of employment of unauthorised persons
32K Termination of employment of unauthorised persons
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.
The dismissal takes effect—
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
(Repealed)
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.
The dismissal takes effect immediately without any right to a hearing or any requirement to comply with the rules of procedural fairness.
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.
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.
Any regulation made under subsection (5) has effect despite any other Act or law.
This provision refers to the regulations (The regulations may make
, Any regulation
). Made under this Act:
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