Secretary may reinstate or re-employ certain persons dismissed under section 93T
22 Secretary may reinstate or re-employ certain persons dismissed under section 93T
In this clause—
amending Act means the Child Protection (Working with Children) and Other Child Protection Legislation Amendment Act 2016.
dismissed person means an officer or temporary employee who, before the commencement of the amending Act, was dismissed under section 93T because the person’s working with children check clearance was cancelled as a consequence of the commencement of proceedings against the person in relation to an offence.
The Secretary may reinstate a dismissed person to, or re-employ a dismissed person in, a position in the Teaching Service that is similar to the position that the person held when his or her employment was terminated.
The Secretary must not reinstate or re-employ a dismissed person under subclause (2) if the person is or becomes an unauthorised person (within the meaning of Part 4B, as amended by the amending Act).
A dismissed person, on being reinstated or re-employed under this clause, is taken for the purposes of this Act or any other Act or law—
to have never been dismissed from the Teaching Service, and
to have been on leave without pay during the period between dismissal and reinstatement or re-employment.
However, the Secretary may, after reinstating or re-employing a dismissed person under this clause, suspend the dismissed person under section 93L (2) (a1), pending the outcome of the relevant proceedings.
Nothing in this clause entitles the dismissed person to the payment of damages or compensation (on any ground) for any termination of employment or other related matter done or omitted in accordance with Part 4B.
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