Victorian Numbered Acts

EDUCATION AND TRAINING REFORM AMENDMENT (MISCELLANEOUS) ACT 2016 (NO. 42 OF 2016) - SECT 5

After section 2.4.61 of the Principal Act insert —

        " 2.4.61A         Secretary may terminate employee for serious misconduct

    (1)     The Secretary may terminate the employment of an employee if the Secretary reasonably believes that the employee has engaged in serious misconduct.

    (2)     Sections 2.4.60, 2.4.61 and 2.4.66 do not apply in relation to a termination under subsection (1).

    (3)     If the Secretary terminates the employment of an employee under this section, the Secretary, by notice in writing, must advise the employee of—

        (a)     the determination of the Secretary to terminate the employment of the employee; and

        (b)     the right to appeal to a Disciplinary Appeals Board against that determination.

Note

If the Secretary terminates the employment of an employee after holding an inquiry under section 2.4.61(1) the notice provision in section 2.4.61(2) will apply.".