Breaches of child safe code of conduct
36 Breaches of child safe code of conduct
In this section – allegation, in relation to a person, means an allegation that the person has breached the child safe code of conduct; investigator, in relation to an allegation, means the person appointed under this section to investigate the allegation.
Subject to subsection (3), the TasTAFE CEO is to appoint a person to investigate an allegation if the TasTAFE CEO is satisfied that the person has the appropriate qualifications and skills to undertake such an investigation.
Despite subsection (2), if an allegation is made in respect of the TasTAFE CEO, the TasTAFE Board is to appoint a person to investigate the allegation if the Board is satisfied that the person has the appropriate qualifications and skills to undertake such an investigation.
After completing an investigation of an allegation, the investigator in relation to the allegation is to report his or her findings in respect of the allegation to the person who appointed the investigator under this section (the relevant authority).
After receiving the report of an investigator under subsection (4) in respect of an allegation, the relevant authority in respect of the investigation may determine whether or not the person, against whom the allegation was made, is found to have breached the child safe code of conduct.
If, as a result of an investigation under this section, a person is found to have breached the child safe code of conduct, the relevant authority in respect of the investigation may take one or more of the following actions in respect of the person:direct that the person undergo counselling as specified by the relevant authority; notify the Registrar, within the meaning of the Registration to Work with Vulnerable People Act 2013, in respect of the breach; if the person is a registered teacher within the meaning of the Teachers Registration Act 2000, notify the Board, within the meaning of that Act, in respect of the breach; determine whether the breach amounts to serious misconduct within the meaning of the Fair Work Act 2009 of the Commonwealth; refer the matter to the Police Service.
Except as specified in this section, the TasTAFE Board may determine how an investigation into an allegation is to be conducted.
Nothing in this section affects the rules of procedural fairness that may apply to an investigation into an allegation under this section.
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