Tasmanian Numbered Regulations

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EDUCATION AND TRAINING (TASMANIAN ACADEMY) BY-LAWS 2010 (S.R. 2010, NO. 24) - REG 25

Disciplinary sanctions due to criminal or civil action
(1)  In this clause –
criminal or civil action , in respect of a student, means a criminal or civil action that the chief executive officer has reason to believe directly or indirectly involves –
(a) the Academy; or
(b) Academy property; or
(c) another student at the Academy; or
(d) a person employed or engaged by the Academy for the purposes of the Academy; or
(e) the spouse, or the partner within the meaning of the Relationships Act 2003 , of a person referred to in paragraph (c) or (d) ; or
(f) a child, within the meaning of the Children, Young Persons and Their Families Act 1997 , of a person referred to in paragraph (c) , (d) or (e) .
(2)  The chief executive officer may impose one or more of the following disciplinary sanctions in respect of a student if the chief executive officer is aware of an incident that has resulted in, or may result in, a criminal or civil action being instituted against the student:
(a) suspension of the student's privileges;
(b) deferral of the issuing of an award to the student;
(c) suspension of the student for a period not exceeding one year;
(d) refusal to re-enrol the student.
(3)  A disciplinary sanction may only be imposed under subclause (2) within the relevant timeframe.
(4)  For the purpose of subclause (3) , the relevant timeframe is –
(a) if a criminal or civil action is commenced within 12 months after the day on which the incident is reported to the chief executive officer, until that action is resolved; or
(b) if no criminal or civil action is commenced within 12 months after the day on which the incident is reported to the chief executive officer, 24 months after the day of that incident report.
(5)  The chief executive officer may remove a disciplinary sanction imposed under subclause (2) at any time if the chief executive officer considers that the criminal or civil action that has resulted or may result from the incident no longer involves nor may involve, directly or indirectly –
(a) the Academy; or
(b) Academy property; or
(c) another student at the Academy; or
(d) a person employed or engaged by the Academy for the purposes of the Academy; or
(e) the spouse, or the partner within the meaning of the Relationships Act 2003 , of a person referred to in paragraph (c) or (d) ; or
(f) a child, within the meaning of the Children, Young Persons and Their Families Act 1997 , of a person referred to in paragraph (c) , (d) or (e) .
(6)  The chief executive officer, as soon as practicable after any disciplinary sanction is imposed under subclause (2) , or removed under subclause (5) , is to give the student to whom it applies notice in writing of the imposition or removal of the disciplinary sanction.
(7)  The imposition of a disciplinary sanction under this clause in relation to an incident does not prevent any further disciplinary sanction from being imposed under clause 24 in respect of that incident.


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