New South Wales Consolidated Acts

TEACHING SERVICE ACT 1980 - SECT 93T

93T Termination of employment of unauthorised persons

(1) An officer or temporary employee who is or becomes an unauthorised person and who is employed in child-related work in the Teaching Service is, by operation of this section, dismissed from the Teaching Service.

(2) The dismissal takes effect:

(a) if the person becomes an unauthorised person after being appointed as an officer or temporary employee--when the person becomes an unauthorised person, or

(c) if the person became an unauthorised person after the commencement of this section and before being appointed as an officer or temporary employee--when the Secretary becomes aware that the person is an unauthorised person.

(3) The dismissal takes effect immediately without any right to a hearing or any requirement to comply with the rules of procedural fairness.

(4) A reference in this section to an unauthorised person who is employed in child-related work in the Teaching Service includes a reference to a person whose substantive position in the Teaching Service involves child-related work but who is, for the time being, performing other duties that do not involve child-related work.

(5) 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.

(6) Any regulation made under subsection (5) has effect despite any other Act or law.