Education and Training Reform Act 2006

The Secretary, after investigation, may take action under this Division against an employee who—

conducts himself or herself in a disgraceful, improper or unbecoming manner in an official capacity or otherwise; or

commits an act of misconduct; or

during his or her period of service is convicted or found guilty of a criminal offence punishable by imprisonment or a fine; or

is negligent or incompetent in the discharge of his or her duties; or

contravenes a provision of this Act or a Ministerial Order made for the purposes of this Chapter; or

contravenes a requirement by or under any Act that corporal punishment not be administered to any Government school student; or

without reasonable excuse, contravenes or fails to comply with a lawful direction given to the employee by a person with authority to give the direction; or

without permission and without reasonable excuse, is absent from his or her duties; or

is unfit on account of character or conduct to discharge his or her duties.

In considering the fitness of an employee to discharge his or her duties, consideration may be given to any relevant matters including his or her character and any conduct in which he or she has engaged (whether before or after becoming an employee).