Queensland Numbered Acts

EDUCATION (QUEENSLAND COLLEGE OF TEACHERS) ACT 2005 NO. 47

TABLE OF PROVISIONS

           Contents

           CHAPTER 1--PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Main objects of Act
   4.      Act binds all persons
   5.      Mutual recognition legislation not affected
   6.      Dictionary
   7.      Meaning of harm

           CHAPTER 2--REGISTRATION AND PERMISSION TO TEACH
           Part 1--Eligibility requirements

   8.      Eligibility for full registration
   9.      Eligibility for provisional registration
   10.     Eligibility for permission to teach
   11.     Suitability to teach—criminal history information
   12.     Suitability to teach—other considerations
           Part 2--Making and deciding applications for registration or permission to teach
           Division 1--Applications other than by holders of provisional registration
   13.     Application of div 1
   14.     Application for registration or permission to teach
   15.     Criminal history check etc.
   16.     Requirement to advise applicant of criminal history information received
   17.     College's power to obtain further information etc. from applicant
   18.     Effect of failure by applicant to comply with a request for further information etc.
   19.     College may use documents or information to verify application
   20.     How college may decide application
   21.     Steps to be taken after college decides application
           Division 2--Application for full registration by holder of provisional registration
   22.     Application by holder of provisional registration
   23.     Requirements for application
   24.     How college may decide application
   25.     Steps to be taken after college decides application
           Part 3--Period, and renewal or extension, of registration or permission to teach
           Division 1--Period and renewal of full registration and permission to teach
   26.     Period and renewal of full registration
   27.     Period and renewal of permission to teach
   28.     Application for renewal of full registration or permission to teach
   29.     Requirements for renewal—full registration
   30.     Development or recognition of CPL framework by college
   31.     Requirements for renewal—permission to teach
   32.     How college may decide application for renewal
   33.     Steps to be taken after college decides application
           Division 2--Period and extension of provisional registration
   34.     Period of provisional registration
   35.     Option to extend provisional registration
           Part 4--Restoration of full registration
   36.     When application for restoration of full registration may be made
   37.     Requirements for application for restoration
   38.     Application of pt 3, div 1 for restoring full registration
           Part 5--Conditions
           Division 1--Review, amendment and removal of conditions
   39.     Application for review of condition
   40.     Review of condition by college
   41.     Amendment or imposition of conditions following a review
   42.     Non-contentious amendment of conditions
   43.     Cancellation of conditions
   44.     Amending or replacing certificate of registration or certificate of permission to teach
           Division 2--Suspension or cancellation of registration or permission to teach for failing to comply with condition
   45.     Application of div 2
   46.     College to give show cause notice for failing to comply with condition
   47.     College's power to suspend or cancel registration or permission to teach
           Part 6--Immediate suspension and cancellation of registration or permission to teach by college
           Division 1--Suspension
   48.     Effect of charge for excluding offence pending charge being dealt with
   49.     College's power to suspend if approved teacher poses imminent risk of harm to children
   50.     Requirement to give notice of suspension
   51.     When suspension takes effect
   52.     When suspension ends
           Division 2--Review of continuation of suspension
   53.     Requirement to review continuation of suspension under s 48
           54. Committee to give notice inviting submissions to approved teacher
   55.     Committee's decision about continuation of suspension
           Division 3--Cancellation
   56.     Cancellation if conviction for excluding offence and imprisonment or disqualification order imposed
   57.     Effect of appeal on cancellation
           Division 4--Disqualification order
   58.     Disqualification order
           Part 7--Surrender of registration or permission to teach
   59.     Surrender of registration or permission to teach
           Part 8--Documents evidencing registration or permission to teach
   60.     Form of certificate of registration
   61.     Form of certificate of permission to teach
   62.     Replacing certificates of registration or permission to teach
   63.     Requirements for registration card
   64.     Requirement to return certificate of registration or permission to teach etc. on suspension or cancellation
           Part 9--Miscellaneous provisions
   65.     College's power to obtain criminal history etc. in relation to an approved teacher
   66.     Payment of annual fee by approved teacher and issue of registration card to registered teacher
   67.     Effect of suspension on registration or permission to teach

           CHAPTER 3--REQUIREMENTS FOR APPROVED TEACHERS AND OTHER PERSONS
           Part 1--Giving information to the college
           Division 1--Approved teachers

   68.     Changes in criminal history
   69.     Requirements for disclosure of changes in criminal history
   70.     Failure to disclose changes in criminal history
   71.     Disclosure of other change in circumstances
           Division 2--Registered teachers
   72.     Disclosure about particular changes in teaching status in another State
           Division 3--Other persons
   73.     Definition for div 3
   74.     Meaning of prescribed school
   75.     Commissioner of police must notify changes in criminal history
   76.     Requirement for employing authority to notify college about particular investigations
   77.     Requirement for employing authority to notify college about particular terminations of employment
   78.     Requirement for employing authority to notify college about certain other dismissals
   79.     College may request information from principal
   80.     Requirement for prosecuting authority to notify college about committal, conviction etc.
   81.     Protection from liability for employing authorities giving required notices
           Part 2--General offences
   82.     Only approved teachers may be employed as teachers
   83.     Requirement to hold registration or permission to teach to teach in schools
   84.     Offence to misrepresent nature of registration or permission to teach
   85.     False or misleading information
   86.     False, incomplete or misleading documents

           CHAPTER 4--COMPLAINTS ABOUT TEACHERS

   87.     Making a complaint
   88.     College may require further information or statutory declaration
   89.     Refusal to deal with complaint
   90.     How a complaint must be dealt with

           CHAPTER 5--DISCIPLINARY ACTION AGAINST TEACHERS
           Part 1--Preliminary
           Division 1--Definitions

   91.     Definition for ch 5
   92.     Grounds for disciplinary action
   93.     Disciplinary matters
   94.     Show cause matters
   95.     PP&C matters
   96.     General matters
           Division 2--Starting disciplinary proceedings
   97.     Requirement for college to start disciplinary proceedings
   98.     College may authorise investigation
   99.     Proceedings for an offence not prevented by disciplinary proceedings
           Part 2--Show cause matters dealt with by Teachers Disciplinary Committee
   100.    Application of pt 2
   101.    Teachers Disciplinary Committee to give show cause notice
   102.    Disciplinary action by Teachers Disciplinary Committee—approved teachers
   103.    Disciplinary action by Teachers Disciplinary Committee—former approved teachers
   104.    Notice and effect of committee's decision
           Part 3--General matters and PP&C matters dealt with by Teachers Disciplinary Committee
   105.    Application of pt 3
   106.    Teachers Disciplinary Committee may authorise investigation
   107.    Application of ch 6, pt 2, div 2
           Part 4--PP&C matters dealt with by PP&C committee
   108.    Application of pt 4
   109.    PP&C committee may authorise investigation
   110.    Notice to be given to college if PP&C committee authorise investigation
   111.    Application of ch 6, pt 1, div 2
           Part 5--Other provisions
   112.    Reporting of offences

           CHAPTER 6--DISCIPLINARY COMMITTEES
           Part 1--PP&C committee
           Division 1--Establishment, membership and functions

   113.    Establishment
   114.    Membership
   115.    Functions of PP&C committee
           Division 2--Disciplinary proceedings of PP&C committee
   116.    PP&C committee may conduct disciplinary proceedings by hearing or on correspondence
   117.    Procedure for hearing by PP&C committee
   118.    Notice of intention to conduct disciplinary proceedings by correspondence
   119.    Substituted service on relevant teacher or complainant
   120.    PP&C committee may require other information
   121.    Power of PP&C committee to continue disciplinary proceedings without receiving relevant teacher's submission
   122.    Offence for failing to give information and protection against self-incrimination
   123.    Disciplinary action by PP&C committee
           Part 2--Teachers Disciplinary Committee
           Division 1--Establishment, membership and functions
   124.    Establishment of Teachers Disciplinary Committee
   125.    Members of Teachers Disciplinary Committee
   126.    Chairperson of Teachers Disciplinary Committee
   127.    Constitution of Teachers Disciplinary Committee for disciplinary proceedings
   128.    Payment of members
   129.    Functions of Teachers Disciplinary Committee
           Division 2--Disciplinary proceedings conducted by Teachers Disciplinary Committee
           Subdivision 1--Preliminary
   130.    Application of div 2
   131.    Parties to disciplinary proceedings
           Subdivision 2--Proceedings of Teachers Disciplinary Committee
   132.    Time and place of hearing
   133.    Notice of intention to conduct hearing
   134.    Substituted service on relevant teacher and complainant
   135.    Pre-hearing conference
   136.    Committee may require health assessment
   137.    Hearing open to the public
   138.    Attendance and appearance at hearing
   139.    Committee may exclude complainant or witness from hearing
   140.    Committee may exclude disruptive person from hearing
   141.    Procedure for hearing by committee
   142.    Committee may require evidence on oath or by statutory declaration
   143.    Evidence by telephone, video link or another form of communication
   144.    Witnesses
   145.    Allowance to witnesses
   146.    Provision for witnesses who are children
   147.    Receiving or adopting findings etc. in other proceedings
   148.    Committee may proceed in absence of relevant teacher or may adjourn hearing
   149.    Questions to be decided by majority of committee members
   150.    Procedure if committee member unable to participate further in the disciplinary proceedings
   151.    Inspection of things
   152.    Interim orders
   153.    Committee to make record of proceedings
           Subdivision 3--Offences about disciplinary proceedings dealt with by Teachers Disciplinary Committee
   154.    Offences about attending hearing, answering questions and related matters
   155.    False or misleading information
   156.    False or misleading documents
   157.    Contempt of committee
           Subdivision 4--Decision on completion of disciplinary proceedings
   158.    Decision about whether ground for disciplinary action is established
   159.    Ending of suspension if ground for disciplinary action not established
   160.    Decision about disciplinary action against approved teacher
   161.    Decision about disciplinary action against former approved teacher
   162.    Committee may make an order prohibiting publication of particular information
           Subdivision 5--Action after decision about disciplinary action
   163.    Notification of committee's decision
   164.    College may notify other persons
   165.    Requirement to notify particular interstate regulatory authorities about decision
   166.    Publication of information about disciplinary proceedings by college
           Subdivision 6--Effect of decision
   167.    Effect of committee's decision
   168.    Implementation of decision
           Subdivision 7--Immunities
   169.    Protection of committee members and other persons
           Part 3--Miscellaneous provisions for disciplinary proceedings
   170.    Office to keep record of disciplinary proceedings
   171.    Payment of costs or penalty

           CHAPTER 7--INVESTIGATIONS
           Part 1--Investigations by employing authorities

   172.    Particular investigation may be carried out on college's behalf by an employing authority
           Part 2--Investigators' functions and powers generally
   173.    Functions of investigator
   174.    Powers of investigator
           Part 3--Appointment of investigators
   175.    Appointment
   176.    Appointment conditions and limit on powers
   177.    Issue of identity card
   178.    Production or display of identity card
   179.    Resignation
   180.    Return of identity card
           Part 4--Powers of investigators
           Division 1--Power to obtain information
   181.    Power to require information or attendance
   182.    Offences
   183.    Inspection of produced things
           Division 2--Entry of places
   184.    Power to enter places
           Division 3--Procedure for entry
   185.    Entry with consent
   186.    Application for warrant
   187.    Issue of warrant
   188.    Warrants—procedure before entry
           Division 4--Powers after entry
   189.    General powers after entering places
   190.    Failure to help investigator
   191.    Failure to give information
           Division 5--Power to seize evidence
   192.    Seizing evidence at public place if entry made when place open
   193.    Seizing evidence at a place that may only be entered with consent or warrant
   194.    Securing seized things
   195.    Tampering with seized things
   196.    Receipt for seized things
   197.    Forfeiture of seized things
   198.    Dealing with forfeited things
   199.    Return of seized things
   200.    Access to seized things
           Part 5--General investigation matters
   201.    Investigator's report
   202.    Investigator's obligation not to cause unnecessary damage
   203.    Notice of damage
   204.    Compensation
   205.    False or misleading information given to investigator
   206.    False or misleading documents given to investigator
   207.    Obstruction of investigator
   208.    Impersonation of investigator

           CHAPTER 8--REVIEWS AND APPEALS
           Part 1--Reviews

   209.    Appeal process for particular decisions starts with internal review
   210.    Applying for review
   211.    Review committee
   212.    College's decision
   213.    Notice of review decision
           Part 2--Appeals
   214.    Definitions for pt 2
   215.    Who may appeal
   216.    Starting appeal
   217.    Hearing procedures
   218.    Court's powers on appeal
   219.    Court may prohibit publication of particular information

           CHAPTER 9--LEGAL PROCEEDINGS
           Part 1--Evidence

   220.    Application of pt 1
   221.    Appointments and authority
   222.    Signatures
   223.    Evidentiary matters
           Part 2--Proceedings
   224.    Proceedings in the name of the college
   225.    Summary proceedings for offences
   226.    Allegations of false or misleading information or documents
   227.    Penalties to be paid to college
   228.    Executive officers must ensure corporation complies with Act

           CHAPTER 10--QUEENSLAND COLLEGE OF TEACHERS
           Part 1--Establishment, functions and powers of college

   229.    Establishment of college
   230.    College's functions about registration and permission to teach
   231.    College's discipline and enforcement functions
   232.    College's other functions
   233.    Primary considerations of college in performing its functions
   234.    Powers of college
   235.    Professional standards
   236.    Approval of preservice teacher education programs
           Part 2--Board of the college
   237.    The board
   238.    Role of board
   239.    Membership of board
   240.    Requirements for elections
   241.    Nomination by entities for membership of board
   242.    Term of appointment of members
   243.    Minister may extend a member's term of appointment
   244.    Chairperson of board
   245.    Deputy chairperson of board
   246.    Disqualification from membership
   247.    Report about person's criminal history
   248.    Vacation of office
   249.    Requirement for board members to disclose changes in criminal history
   250.    Leave of absence
   251.    Filling vacancies—board members nominated by Minister or another entity etc.
   252.    Filling vacancies—board member elected by registered teachers
   253.    Conduct of business
   254.    Presiding at meetings
   255.    Quorum for meetings
   256.    Attendance by proxy by member
   257.    Conduct of meetings
   258.    Minutes
   259.    Committees
   260.    Disclosure of interest
   261.    Attendance of director at meetings
   262.    Requirement for board approval before college enters into agreements
   263.    Remuneration of board members and committee members
   264.    Delegation
   265.    College is statutory body under the Financial Administration and Audit Act 1977
   266.    College is statutory body under the Statutory Bodies Financial Arrangements Act 1982
   267.    College's financial year
   268.    Money borrowed other than under the Statutory Bodies Financial Arrangements Act 1982
   269.    Budget
   270.    Compliance with approved budget
           Part 3--Relationship of the college with the Minister
   271.    Performance of college
   272.    Minister's power to give directions to college
   273.    Minister's power to require production of document
   274.    Ministerial request or direction to be included in college's annual report
   275.    College must give annual report to the Minister
           Part 4--Office of the Queensland College of Teachers
   276.    Establishment of office
   277.    Office's functions and powers
   278.    Appointment, function and powers of director
   279.    Delegation by director
   280.    Acting director
   281.    Office staff

           CHAPTER 11--MISCELLANEOUS
           Part 1--Disclosure and use of information

   282.    Definition for pt 1
   283.    Confidentiality of particular information
   284.    Guidelines for dealing with relevant personal information
   285.    College may give information about teachers to commissioner for children in particular circumstances
   286.    College may enter into information sharing arrangement with commissioner of police
   287.    Other information sharing agreements
           Part 2--Register of approved teachers
   288.    Register of approved teachers to be kept
   289.    Inspection of register
           Part 3--Codes of practice
   290.    College may develop codes of practice
   291.    Inspection of code of practice
   292.    Use of code of practice in disciplinary proceedings
           Part 4--Other provisions
   293.    Higher education entities must not misrepresent approval of preservice teacher education programs
   294.    Protection from liability
   295.    Delegation by Minister
   296.    Administrative support for college etc.
   297.    Approved forms
   298.    Regulation-making power

           CHAPTER 12--REPEAL AND TRANSITIONAL PROVISIONS
           Part 1--Interpretation

   299.    Definitions for ch 12
           Part 2--Repeal
   300.    Repeal of Education (Teacher Registration) Act 1988
           Part 3--Provisions relating to former board and college
   301.    Dissolution of former board
   302.    College is legal successor of former board
   303.    Assets and liabilities etc.
   304.    Conduct of election for new board before commencement
   305.    Former board's budget for 2006
   306.    Former board's annual report for 2005
   307.    Proceedings
   308.    Proceedings for offences against repealed Act
   309.    Appeals
   310.    Continuing effect of Ministerial directions given before commencement
   311.    References to former board
           Part 4--Provisions relating to the former office
   312.    Dissolution of former office
   313.    Staff of former office
           Part 5--Provisions relating to registration etc.
   314.    Existing registrations
   315.    Existing authorisations to teach
   316.    Deciding existing applications for registration
   317.    Deciding existing applications for restoration of registration
   318.    Particular higher education courses taken to be approved preservice teacher education programs
   319.    Continuation of existing register until 30 June 2006
   320.    Particular matters under repealed Act to be included in register
           Part 6--Disciplinary matters
   321.    Existing show cause procedure
   322.    Existing inquiries
   323.    Suspended registrations
   324.    Suspension for charge for excluding offence not to apply to particular approved teachers
   325.    Disciplinary information received by former board
           Part 7--Other provisions
   326.    Document taken to be professional standards
   327.    Document taken to be code of practice
   328.    Continuation of existing guidelines

           CHAPTER 13--AMENDMENT OF ACTS

   329.    Acts amended in sch 2
           SCHEDULE 1 DECISIONS FOR WHICH INFORMATION NOTICE MUST BE GIVEN
           SCHEDULE 2 AMENDMENTS OF ACTS
           SCHEDULE 3 DICTIONARY