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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