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TASMANIA
__________
TEACHERS REGISTRATION AMENDMENT BILL
2009
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Part 2: Heading amended
6. Sections 5 and 6 substituted
5. Continuation of Board
6. Membership of Board
6A. Functions of Board
7. Sections 7A, 7B, 7C and 7D inserted
7A. Board to consider best interests of students
7B. Delegation
7C. Executive officer
7D. Role, functions and powers of executive officer
8. Part 3 substituted
PART 3 - Registration of Teachers and Limited Authorities
to Teach
Division 1 - Offences relating to teaching
11. Offences relating to teaching
Division 2 - Full registration and provisional registration of
teachers
12. Application for full registration
13. Determination of application for full registration
[Bill 72]-III
14. Grant of full registration following period of
provisional registration
15. Certificate of full registration or provisional
registration
16. Period of full registration or provisional registration
17. Amendment of conditions of full registration or
provisional registration
17A. Renewal of full registration
17B. Annual registration fee
Division 3 - Limited authorities to teach
17C. Application for limited authority
17D. Determination of application
17E. Notice of limited authority
17F. Period of limited authority
17G. Amendment of conditions of limited authority
17H. Extension of limited authority
17I. Suspension or cancellation of limited authority
Division 4 - Determining good character and fitness to be a
teacher
17J. Determining whether person of good character
17K. Determining whether person fit to be teacher
17L. Police report
9. Section 18 substituted
18. Notifying Board if person found guilty of or charged
with prescribed offence
18A. Disciplinary action if person found guilty of
prescribed offence
10. Section 19 substituted
19. Complaints
19A. Preliminary assessment of complaint
11. Section 20 amended (Inquiries)
12. Section 21 amended (Committee of inquiry)
13. Section 22 amended (Notifying person in respect of whom an
inquiry is to be held)
14. Sections 22A, 22B, 22C and 22D inserted
22A. Notifying other persons of inquiry
22B. Conduct of inquiry generally
22C. Hearing
22D. Confidentiality
15. Section 24 amended (Decisions)
2
16. Sections 24A and 24B inserted
24A. Notifying of decision
24B. Emergency suspension of registration or limited
authority
17. Sections 25, 26 and 27 substituted
25. Registers
26. Registers to be kept up-to-date
27. Employing unregistered teachers
27A. Notification of charge or finding of guilt, &c.
18. Section 29 amended (Applications for review)
19. Section 31 substituted
31. Employers to notify of disciplinary action taken and
certain resignations and retirements
20. Section 32 amended (Annual returns)
21. Section 32A inserted
32A. Providing information to corresponding bodies, &c.
22. Section 33 substituted
33. Annual report
23. Section 34A inserted
34A. Prosecutions under this Act
24. Section 37 amended (Replacement certificates)
25. Section 39 amended (Regulations)
26. Section 41 inserted
41. Transitional provisions consequent on Teachers
Registration Amendment Act 2009
27. Schedule 1 amended (Membership and meetings of Board)
3
4
TEACHERS REGISTRATION AMENDMENT BILL
2009
(Brought in by the Minister for Education and Skills, the
Honourable David John Bartlett)
A BILL FOR
An Act to amend the Teachers Registration Act 2000
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Teachers
Registration Amendment Act 2009.
2. Commencement
This Act commences on 1 January 2010.
3. Principal Act
In this Act, the Teachers Registration Act 2000*
is referred to as the Principal Act.
*No. 98 of 2000
[Bill 72] 5
Teachers Registration Amendment Act 2009
Act No. of
s. 4
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition
before the definition of "approved":
"amend" means insert matter, omit
matter or omit matter and
substitute other matter;
(b) by omitting "established under" from the
definition of "Board" and substituting
"of Tasmania referred to in";
(c) by omitting the definition of "certificate
of limited authority";
(d) by omitting the definition of "certificate
of registration" and substituting the
following definitions:
"certificate of full registration"
means a certificate issued under
section 15(1);
"certificate of provisional
registration" means a certificate
issued under section 15(2);
(e) by inserting the following definitions
after the definition of "committee of
inquiry":
"complaint" means a complaint made
under section 19;
6
Teachers Registration Amendment Act 2009
Act No. of
s. 4
"corresponding registration
authority" means a person, body,
department or other authority in
another jurisdiction within
Australia or in New Zealand that
is responsible under the law of
that jurisdiction for the
registration, licensing or other
approval of teachers;
"executive officer" means the
executive officer of the Board
appointed under section 7C;
"fit to be a teacher" means fit to be a
teacher as determined under
section 17K;
"full registration" means full
registration granted under
section 13 or 14 or renewed under
section 17A;
"fully registered", in relation to a
person, means that the person -
(a) has been granted full
registration under
section 13 or 14 or had his
or her full registration
renewed under
section 17A; and
(b) holds a current certificate
of full registration;
7
Teachers Registration Amendment Act 2009
Act No. of
s. 4
(f) by omitting "referred to in
section 12(2);" from the definition of
"good character" and substituting
"determined under section 17J;";
(g) by inserting the following definitions
after the definition of "good character":
"hearing" means a hearing held under
section 22C as part of an inquiry;
"holder of a limited authority"
means a person who holds a
current notice of limited
authority;
(h) by omitting the definition of "limited
authority" and substituting the following
definition:
"limited authority" means a limited
authority granted under
section 17D or extended under
section 17H;
(i) by inserting the following definitions
after the definition of "materials":
"notice of limited authority" means a
notice referred to in section 17E;
"one full-time equivalent year of
teaching" means -
(a) one year of full-time
teaching; or
8
Teachers Registration Amendment Act 2009
Act No. of
s. 4
(b) part-time teaching
equivalent to one year of
full-time teaching; or
(c) a combination of full-time
and part-time teaching
equivalent to one year of
full-time teaching;
(j) by omitting "part" from the definition of
"practising teacher" and substituting
"employed as a member";
(k) by omitting "school;" from the definition
of "practising teacher" and substituting
"school, the Tasmanian Academy or the
Tasmanian Polytechnic;";
(l) by omitting the definitions of
"provisional registration", "register" and
"registered" and substituting the
following definitions:
"prescribed offence" means -
(a) an offence, committed in
Tasmania, in respect of
which a sentence of
imprisonment may be
imposed (whether or not
such sentence is
imposed); or
(b) an offence, committed
elsewhere, in respect of
which, if the offence had
been committed in
9
Teachers Registration Amendment Act 2009
Act No. of
s. 4
Tasmania, a sentence of
imprisonment may have
been imposed (whether or
not such sentence is
imposed);
"provisional registration" means
provisional registration granted
under section 13 -
(a) on the determination of an
application under
section 12; or
(b) by the operation of
section 17A(5);
"provisionally registered", in relation
to a person, means that the
person -
(a) has been granted
provisional registration
under section 13 on the
determination of an
application under
section 12 or by the
operation of
section 17A(5); and
(b) holds a current certificate
of provisional
registration;
"register" means a register of
registered teachers, or a register
10
Teachers Registration Amendment Act 2009
Act No. of
s. 4
of holders of limited authorities,
kept under section 25;
"register of holders of limited
authorities" means a register of
holders of limited authorities kept
under section 25;
"register of teachers" means a
register of registered teachers
kept under section 25;
"registered school" means a school
registered under Part 5 of the
Education Act 1994;
(m) by inserting "fully" after "is" in
paragraph (a) of the definition of
"registered teacher";
(n) by omitting "register;" from paragraph
(b) of the definition of "registered
teacher" and substituting "register of
teachers;";
(o) by omitting the definition of
"registration";
(p) by inserting the following definition after
the definition of "school":
"State school" means a school
established under section 18 of
the Education Act 1994;
(q) by omitting "school." from the definition
of "student" and substituting "school, the
11
Teachers Registration Amendment Act 2009
Act No. of
s. 5
Tasmanian Academy or the Tasmanian
Polytechnic;";
(r) by inserting the following definitions
after the definition of "student":
"Tasmanian Academy" means the
Tasmanian Academy established
under section 5 of the Education
and Training (Tasmanian
Academy) Act 2008;
"Tasmanian Polytechnic" means the
Tasmanian Polytechnic
established under section 5 of the
Education and Training
(Tasmanian Polytechnic) Act
2008.
5. Part 2: Heading amended
Part 2 of the Principal Act is amended by
omitting "TEACHERS REGISTRATION
BOARD" from the heading to that Part and
substituting "TEACHERS REGISTRATION
BOARD OF TASMANIA".
6. Sections 5 and 6 substituted
Sections 5 and 6 of the Principal Act are
repealed and the following sections are
substituted:
12
Teachers Registration Amendment Act 2009
Act No. of
s. 6
5. Continuation of Board
(1) The Teachers Registration Board
established by this Act as in force
immediately before the commencement
of the Teachers Registration Amendment
Act 2009 is continued as the Teachers
Registration Board of Tasmania.
(2) The Board -
(a) is a body corporate with perpetual
succession; and
(b) may have a seal; and
(c) may sue and be sued in its
corporate name.
(3) If the Board has a seal -
(a) it is to be kept and used as
authorised by the Board; and
(b) all courts and persons acting
judicially must take judicial
notice of the imprint of the seal
on a document and presume that
it was duly sealed by the Board.
6. Membership of Board
(1) The Board consists of the following
persons appointed by the Minister:
(a) a chairperson;
13
Teachers Registration Amendment Act 2009
Act No. of
s. 6
(b) a practising teacher appointed
from nominations by practising
teachers in State schools, the
Tasmanian Academy and the
Tasmanian Polytechnic;
(c) a person nominated by the
Department;
(d) a person nominated by an
organisation representing non-
Catholic registered schools;
(e) a person nominated by an
organisation representing
Catholic registered schools;
(f) a practising teacher in a State
school, the Tasmanian Academy
or the Tasmanian Polytechnic
nominated by the Australian
Education Union (Tasmanian
Branch);
(g) a practising teacher in a non-
Catholic registered school
nominated by the Tasmanian
Independent School Teachers'
Association;
(h) a practising teacher in a Catholic
registered school nominated by
the Independent Education Union
Tasmania;
(i) a person nominated by the faculty
administering teacher education
14
Teachers Registration Amendment Act 2009
Act No. of
s. 6
at the University of Tasmania
who is teaching in that faculty;
(j) a person nominated by parent
groups involved in education
who, at the time of appointment,
is a parent or guardian of a
student attending a Tasmanian
school, the Tasmanian Academy
or the Tasmanian Polytechnic.
(2) The Board is to appoint one of its
members as deputy chairperson of the
Board for a period not exceeding the
period of that member's appointment as a
member.
(3) The Minister may require a body or
parent group referred to in subsection (1)
to provide the Minister with a list of
nominations.
(4) If the body or parent group fails to
provide the list as required under
subsection (3), the Minister may
nominate a person for appointment to the
Board.
(5) If a body referred to in subsection (1)(f),
(g) or (h) has changed its name or ceased
to exist, the Governor, by order, may
amend that subsection -
(a) by substituting the body's new
name; or
15
Teachers Registration Amendment Act 2009
Act No. of
s. 6
(b) by substituting the name of
another body which substantially
represents the interests
represented by the body that has
ceased to exist.
(6) The Minister may only appoint a person
as a member of the Board if the Minister
is of the opinion that the person is fit to
be such a member.
(7) Schedule 1 has effect with respect to
membership and meetings of the Board.
6A. Functions of Board
The Board has the following functions:
(a) to fully register and provisionally
register persons under this Act;
(b) to grant limited authorities to
persons under this Act;
(c) to promote the teaching
profession;
(d) to investigate complaints made
under this Act;
(e) to conduct investigations,
inquiries and hearings for the
purposes of this Act including,
without limitation -
(i) investigations into
complaints; and
16
Teachers Registration Amendment Act 2009
Act No. of
s. 6
(ii) investigations to
determine whether
persons have contravened
this Act;
(f) if appropriate, to take disciplinary
action under this Act in relation
to persons who are or were
registered teachers or holders of
limited authorities;
(g) to approve teacher education
courses the successful completion
of which satisfies a criterion for
full registration;
(h) to develop and improve teaching
standards;
(i) to maintain a code of professional
ethics for the teaching profession;
(j) to undertake relevant reviews and
research projects, and to make
recommendations to the Minister
in relation to the funding of those
reviews and projects and the
appointment of persons necessary
to enable the successful
undertaking of those reviews and
projects, as appropriate;
(k) to confer and collaborate with
corresponding registration
authorities for the purposes of -
17
Teachers Registration Amendment Act 2009
Act No. of
s. 7
(i) ensuring effective
exchange of information
within Australia and New
Zealand; and
(ii) promoting consistency in
the regulation of the
teaching profession within
Australia and New
Zealand;
(l) to investigate and recommend the
prosecution of offences against
this Act;
(m) any other functions imposed by
this or any other Act.
7. Sections 7A, 7B, 7C and 7D inserted
After section 7 of the Principal Act, the
following sections are inserted in Part 2:
7A. Board to consider best interests of students
In performing its functions and
exercising its powers, the Board must
consider the welfare and best interests of
students to be of paramount importance.
7B. Delegation
The Board may delegate any of its
functions and powers under this or any
other Act other than this power of
delegation.
18
Teachers Registration Amendment Act 2009
Act No. of
s. 7
7C. Executive officer
Subject to and in accordance with the
State Service Act 2000, a person other
than a member of the Board may be
appointed as executive officer of the
Board.
7D. Role, functions and powers of executive
officer
(1) The executive officer is responsible to
the Board for the general administration
and management of the Board.
(2) The executive officer -
(a) must perform any functions, and
may exercise any powers,
delegated to the executive officer
by the Board; and
(b) must perform any other functions
imposed on, and may exercise
any other powers granted to, the
executive officer by this or any
other Act.
(3) The executive officer may delegate any
of his or her functions or powers under
this Act other than this power of
delegation.
19
Teachers Registration Amendment Act 2009
Act No. of
s. 8
8. Part 3 substituted
Part 3 of the Principal Act is repealed and the
following Part is substituted:
PART 3 - REGISTRATION OF TEACHERS AND
LIMITED AUTHORITIES TO TEACH
Division 1 - Offences relating to teaching
11. Offences relating to teaching
(1) A person must not teach at a school, the
Tasmanian Academy or the Tasmanian
Polytechnic unless the person -
(a) is fully registered; or
(b) is provisionally registered; or
(c) is the holder of a limited
authority; or
(d) is under the direct supervision of
a registered teacher.
Penalty: Fine not exceeding 50 penalty
units.
(2) A person who is not fully registered must
not claim, or otherwise represent in any
manner, that he or she is fully registered.
Penalty: Fine not exceeding 50 penalty
units.
(3) A person who is not provisionally
registered must not claim, or otherwise
20
Teachers Registration Amendment Act 2009
Act No. of
s. 8
represent in any manner, that he or she is
provisionally registered.
Penalty: Fine not exceeding 50 penalty
units.
(4) A person who is not the holder of a
limited authority must not claim, or
otherwise represent in any manner, that
he or she is the holder of a limited
authority.
Penalty: Fine not exceeding 50 penalty
units.
(5) This section does not apply, before
1 January 2011, to a person employed as
a member of the teaching staff of the
Tasmanian Polytechnic.
Division 2 - Full registration and provisional registration
of teachers
12. Application for full registration
(1) A person may apply to the Board for full
registration.
(2) An application is to be -
(a) in an approved form; and
(b) accompanied by the prescribed
application fee.
(3) The Board may require the applicant -
21
Teachers Registration Amendment Act 2009
Act No. of
s. 8
(a) to provide any further
information it considers
necessary to consider the
application; and
(b) to authorise the Board, in writing,
to obtain information relating to
the applicant from any
corresponding registration
authority or any other person,
government department or
government body that the Board
considers may have information
relevant to the determination of
the application.
13. Determination of application for full
registration
(1) On receipt of an application for full
registration made under section 12, the
Board -
(a) if satisfied that the applicant
satisfies the criteria for full
registration, must grant the
applicant full registration; or
(b) if not satisfied that the applicant
satisfies the criteria for full
registration but satisfied that the
applicant meets the requirements
for provisional registration, must
grant the applicant provisional
registration; or
22
Teachers Registration Amendment Act 2009
Act No. of
s. 8
(c) if not satisfied that the applicant
satisfies the criteria for full
registration or provisional
registration, must refuse to grant
the applicant full registration or
provisional registration.
(2) The criteria for full registration are as
follows:
(a) the applicant -
(i) has successfully
completed an approved
course relating to teacher
education and at least one
full-time equivalent year
of teaching to the
satisfaction of the Board;
or
(ii) has contributed to
educational practice and
has the education and
experience that, in the
opinion of the Board, are
sufficient to warrant
registration; or
(iii) has complied with the
requirements of the Board
during the most recent
period of provisional
registration;
(b) the applicant is of good character;
23
Teachers Registration Amendment Act 2009
Act No. of
s. 8
(c) the applicant is fit to be a teacher;
(d) the applicant, in the opinion of
the Board, is sufficiently
proficient in the English
language.
(3) The criteria for provisional registration
are as follows:
(a) the applicant -
(i) has qualifications or
experience as determined
by the Board; or
(ii) is able to obtain the
qualifications and
experience specified in
subsection (2)(a);
(b) the applicant is of good character;
(c) the applicant is fit to be a teacher;
(d) the applicant, in the opinion of
the Board, is sufficiently
proficient in the English
language.
(4) The Board may grant full registration or
provisional registration subject to any
reasonable conditions it considers
appropriate.
(5) In considering an application for full
registration made under section 12, if -
24
Teachers Registration Amendment Act 2009
Act No. of
s. 8
(a) it appears likely that the Board
may not be satisfied that the
applicant is of good character or
fit to be a teacher; or
(b) the Board is intending to grant
full registration or provisional
registration subject to
conditions -
the Board is to give the applicant an
opportunity to appear before it.
(6) On determining an application for full
registration -
(a) the Board is to notify the
applicant, in writing -
(i) of that determination; and
(ii) if the Board grants
provisional registration,
or refuses to grant full
registration or provisional
registration, of its reasons
for that determination;
and
(iii) if the Board grants full
registration or provisional
registration subject to
conditions, of those
conditions; and
(b) the Board, if it grants full
registration or provisional
25
Teachers Registration Amendment Act 2009
Act No. of
s. 8
registration, is to make an entry
in the register of teachers in
respect of that grant.
14. Grant of full registration following period of
provisional registration
(1) At any time, a person who is
provisionally registered may apply to the
Board for full registration.
(2) An application is to be -
(a) in an approved form; and
(b) accompanied by a report made by
the applicant's employer, in an
approved form, in respect of -
(i) the manner in which the
applicant has performed
teaching duties; and
(ii) recommendations as to
the applicant's suitability
for full registration; and
(iii) any other matter the
Board considers relevant;
and
(c) accompanied by the prescribed
application fee.
(3) The Board may require the applicant to
provide any further information it
26
Teachers Registration Amendment Act 2009
Act No. of
s. 8
considers necessary to consider the
application.
(4) On receipt of an application, the Board
must grant the applicant full registration
under section 13 if the Board is satisfied
that the applicant -
(a) has completed at least one full-
time equivalent year of teaching;
and
(b) is recommended as suitable for
full registration in the report from
his or her employer; and
(c) has demonstrated teaching
competence; and
(d) otherwise satisfies the criteria for
full registration set out in that
section.
(5) In considering an application, if it
appears likely that the Board may not be
satisfied that the applicant is of good
character or fit to be a teacher, the Board
is to give the applicant an opportunity to
appear before it.
(6) On receipt of an application, the Board
must refuse to grant the applicant full
registration under section 13 if the Board
is not satisfied that the applicant meets
all the criteria set out in subsection (4).
27
Teachers Registration Amendment Act 2009
Act No. of
s. 8
15. Certificate of full registration or provisional
registration
(1) The Board is to issue a certificate of full
registration in an approved form to a
person granted full registration under
section 13 or 14 or whose full
registration is renewed under section 17A
on payment of the annual registration fee.
(2) The Board is to issue a certificate of
provisional registration in an approved
form to a person who is granted
provisional registration under section 13
on payment of the annual registration fee.
(3) If the Board, in writing, requires a person
who is or was a registered teacher to
surrender or produce to the Board his or
her certificate of full registration or a
certificate of provisional registration, the
person must comply with that
requirement within the period specified
in it.
Penalty: Fine not exceeding 5 penalty
units.
(4) If a registered teacher -
(a) changes his or her name or any
other personal details; and
(b) provides to the Board such proof
of that change as the Board
requires; and
28
Teachers Registration Amendment Act 2009
Act No. of
s. 8
(c) surrenders to the Board his or her
certificate of full registration or
certificate of provisional
registration accompanied by -
(i) a request, in writing, for
the reissue of the
certificate in the person's
new name or with the
person's new personal
details; and
(ii) the prescribed fee -
the Board is to reissue the certificate in
accordance with the request.
(5) If -
(a) a certificate of full registration or
a certificate of provisional
registration is lost, destroyed or
damaged; and
(b) the registered teacher provides to
the Board such proof of that loss,
destruction or damage as the
Board requires; and
(c) the registered teacher pays the
prescribed fee; and
(d) in the case of a damaged
certificate, surrenders that
certificate to the Board -
29
Teachers Registration Amendment Act 2009
Act No. of
s. 8
the Board is to issue a replacement
certificate.
16. Period of full registration or provisional
registration
(1) The period of full registration or
provisional registration is the period not
exceeding 5 years determined by the
Board.
(2) Full registration -
(a) takes effect on the day it is
granted or a later day specified in
the grant of full registration; and
(b) ends -
(i) on 31 December
occurring in the year
specified in the grant of
full registration; or
(ii) if no such year is
specified, on
31 December fifthly
occurring after the full
registration takes effect.
(3) Provisional registration -
(a) takes effect on the day on which
it is granted or a later day
specified in the grant of
provisional registration; and
30
Teachers Registration Amendment Act 2009
Act No. of
s. 8
(b) ends on 31 December in the year
specified in the grant of
provisional registration.
17. Amendment of conditions of full registration
or provisional registration
On the application of a person who is
fully registered or provisionally
registered, or at any time on its own
motion, the Board may do one or more of
the following:
(a) make the full registration or
provisional registration of a
person subject to such, or such
additional, reasonable conditions
as the Board considers
appropriate;
(b) amend one or more of the
conditions to which the full
registration or provisional
registration is subject;
(c) remove all or any of the
conditions to which the full
registration or provisional
registration is subject.
17A. Renewal of full registration
(1) A person may apply to the Board for
renewal of his or her full registration.
31
Teachers Registration Amendment Act 2009
Act No. of
s. 8
(2) An application is to be -
(a) in an approved form; and
(b) accompanied by satisfactory
evidence of -
(i) ongoing competence; or
(ii) professional development
undertaken; and
(c) accompanied by the prescribed
application fee.
(3) The Board is to renew the full
registration of a person on payment of
the annual full registration fee if -
(a) satisfied that the person is of
good character; and
(b) satisfied that the person is fit to
be a teacher; and
(c) satisfied as to the evidence
referred to in subsection (2)(b).
(4) In considering an application, if it
appears likely that the Board may not be
satisfied that the applicant is of good
character or fit to be a teacher, the Board
is to give the applicant an opportunity to
appear before it.
(5) If the Board is not satisfied that the
person has provided satisfactory
evidence as required by
32
Teachers Registration Amendment Act 2009
Act No. of
s. 8
subsection (2)(b), the Board may grant
the person provisional registration under
section 13(1)(b) if satisfied as required
under that section.
(6) The renewal of the full registration of a
person -
(a) takes effect on 1 January first
following the day on which the
full registration would expire if
not renewed or a later day
specified in the grant of renewal;
and
(b) ends -
(i) on 31 December
occurring in the year
specified in the grant of
renewal; or
(ii) if no such year is
specified, on
31 December fifthly
occurring after the full
registration takes effect.
17B. Annual registration fee
(1) A person -
(a) who is granted full registration;
or
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Act No. of
s. 8
(b) whose full registration is
renewed; or
(c) who is granted provisional
registration -
must pay to the Board an annual
registration fee prescribed in the
regulations for each calendar year, or part
of a calendar year, during which the full
registration or provisional registration
has effect.
(2) An annual registration fee is to be paid
on or before 31 December in the calendar
year immediately preceding the calendar
year to which the fee relates.
(3) A person may pay more than one annual
registration fee (in this section called the
"advance fee") when paying a
registration fee that is due (in this section
called the "due fee"), but may not pay an
advance fee in respect of a calendar year
that would occur after the current period
of the full registration or provisional
registration is due to expire.
(4) If a person pays an advance fee of the
same amount as the due fee, the amount
paid for the advance fee is taken to be
full payment of the annual registration
fee for the calendar year in respect of
which it is paid.
34
Teachers Registration Amendment Act 2009
Act No. of
s. 8
(5) The Board may provide on or after
14 November in a calendar year a list of
registered teachers -
(a) whose full registrations or
provisional registrations are due
to expire on 31 December in that
calendar year; and
(b) who have not paid, in accordance
with this section, the annual
registration fee for the next
calendar year.
(6) A list under subsection (5) may include
full names and the registration numbers
of the teachers mentioned in the list.
(7) For the avoidance of doubt, it is declared
that -
(a) before the commencement of the
Teachers Registration
Amendment Act 2009, the
reference in section 14A(1), as in
force before the commencement
of that Act, to a person who is
registered, or whose registration
is renewed, included a reference
to a person who was
provisionally registered, or whose
provisional registration was
extended, under this Act before
the commencement of that Act;
and
35
Teachers Registration Amendment Act 2009
Act No. of
s. 8
(b) a fee demanded and paid under
that section before the
commencement of the Teachers
Registration Amendment Act
2009 in respect of the grant, or
extension, of provisional
registration is taken to have been
validly demanded and paid.
Division 3 - Limited authorities to teach
17C. Application for limited authority
(1) A person may apply to the Board for a
limited authority.
(2) An application is to be -
(a) in an approved form; and
(b) accompanied by the prescribed
application fee.
(3) The Board may require the applicant and
his or her intended employer to provide
any further information it considers
necessary to consider the application.
(4) The Board may require the applicant to
authorise the Board, in writing, to obtain
information relating to the applicant from
any corresponding registration authority
or other person, government department
or government body that the Board
considers may have information relevant
to the determination of the application.
36
Teachers Registration Amendment Act 2009
Act No. of
s. 8
17D. Determination of application
(1) On receipt of an application for a limited
authority made under section 17C, the
Board -
(a) if satisfied that the applicant
satisfies the criteria for a limited
authority, must grant the
applicant a limited authority to
teach -
(i) at any school, or at any
campus of the Tasmanian
Academy or the
Tasmanian Polytechnic,
as specified in the limited
authority; and
(ii) in any subject specified in
the limited authority; and
(iii) for the number of hours
each week specified in the
limited authority; or
(b) if not satisfied that the applicant
satisfies the criteria for a limited
authority, must refuse to grant the
applicant a limited authority.
(2) The criteria for a limited authority are
that the applicant -
(a) does not meet the requirements of
section 13(2)(a) or
section 13(3)(a) but has the
37
Teachers Registration Amendment Act 2009
Act No. of
s. 8
appropriate skills or experience
that available registered teachers
do not have; and
(b) is of good character; and
(c) is fit to be a teacher.
(3) In considering an application for a
limited authority made under
section 17C, if it appears likely that the
Board may not be satisfied that the
applicant is of good character or fit to be
a teacher, the Board is to give the
applicant an opportunity to appear before
it.
(4) The Board may grant a limited authority
subject to any reasonable conditions it
considers appropriate.
(5) On determining an application for a
limited authority -
(a) the Board is to notify the
applicant and his or her intended
employer, in writing -
(i) of that determination; and
(ii) if the Board refuses to
grant a limited authority,
of its reasons for that
determination; and
(iii) if the Board grants a
limited authority subject
38
Teachers Registration Amendment Act 2009
Act No. of
s. 8
to conditions, of those
conditions; and
(b) the Board, if it grants a limited
authority, is to make an entry in
the register of holders of limited
authorities in respect of that
grant.
17E. Notice of limited authority
(1) The Board is to issue a notice of limited
authority in an approved form to a person
granted a limited authority under
section 17D or whose limited authority is
extended under section 17H on payment
of the limited authority fee.
(2) If the Board, in writing, requires a person
who is or was the holder of a limited
authority to surrender or produce to the
Board his or her notice of limited
authority, the person must comply with
that requirement within the period
specified in it.
Penalty: Fine not exceeding 5 penalty
units.
(3) If the holder of a limited authority -
(a) changes his or her name or any
other personal details; and
39
Teachers Registration Amendment Act 2009
Act No. of
s. 8
(b) provides to the Board such proof
of that change as the Board
requires; and
(c) surrenders to the Board his or her
notice of limited authority
accompanied by -
(i) a request, in writing, for
the reissue of the notice in
the person's new name or
with the person's new
personal details; and
(ii) the prescribed fee -
the Board is to reissue the notice in
accordance with the request.
(4) If -
(a) a notice of limited authority is
lost, destroyed or damaged; and
(b) the holder of the notice provides
to the Board such proof of that
loss, destruction or damage as the
Board requires; and
(c) the holder of the notice pays the
prescribed fee; and
(d) in the case of a damaged
certificate, the holder of the
notice surrenders that notice to
the Board -
40
Teachers Registration Amendment Act 2009
Act No. of
s. 8
the Board is to issue a replacement
notice.
17F. Period of limited authority
(1) A limited authority has effect for the
period not exceeding 2 years determined
by the Board.
(2) A limited authority -
(a) takes effect on the day it is
granted or a later day specified in
the grant of limited authority; and
(b) ends on the day specified in the
grant of limited authority.
17G. Amendment of conditions of limited
authority
On the application of a holder of a
limited authority, or at any time on its
own motion, the Board may at any time
do one or more of the following:
(a) make the limited authority subject
to such, or such additional,
reasonable conditions as the
Board considers appropriate;
(b) amend one or more of the
conditions to which the limited
authority is subject;
41
Teachers Registration Amendment Act 2009
Act No. of
s. 8
(c) remove all or any of the
conditions to which the limited
authority is subject.
17H. Extension of limited authority
(1) The holder of a limited authority may
apply to the Board for an extension of the
limited authority.
(2) An application is to be -
(a) in an approved form; and
(b) accompanied by the prescribed
application fee.
(3) The Board may extend the period of a
limited authority for one or more further
periods, not exceeding 2 years in total, if
satisfied that the holder satisfies the
criteria for a limited authority set out in
section 17D.
(4) In considering an application, if it
appears likely that the Board may not be
satisfied that the applicant is of good
character or fit to be a teacher, the Board
is to give the applicant an opportunity to
appear before it.
(5) The extension of a limited authority -
(a) takes effect on the expiry of the
limited authority or previous
extension of it; and
42
Teachers Registration Amendment Act 2009
Act No. of
s. 8
(b) ends on the day specified in the
grant of the extension.
17I. Suspension or cancellation of limited
authority
(1) If a person holds a limited authority
and -
(a) the Board considers that there is
no longer a need for the limited
authority; or
(b) the Board otherwise considers it
appropriate to do so -
the Board may suspend or cancel the
limited authority without conducting an
inquiry.
(2) In deciding to suspend or cancel a limited
authority, the Board must comply with
the rules of natural justice.
(3) On deciding to suspend or cancel a
limited authority, the Board is to give
notice, in writing, of that decision to -
(a) the holder of the limited
authority; and
(b) that person's employer if that
person is employed to teach.
(4) A suspension or cancellation of a limited
authority takes effect on written notice of
43
Teachers Registration Amendment Act 2009
Act No. of
s. 8
it being served on the holder of the
limited authority or a later day specified
in the notice.
Division 4 - Determining good character and fitness to be a
teacher
17J. Determining whether person of good
character
If at any time under this Act, including
for the purposes of an inquiry, the Board
is to determine whether a person is of
good character, the Board -
(a) is to take into account any
conviction of, or charge made
against, the person; and
(b) is to take into account any
behaviour of the person that -
(i) does not satisfy a standard
of behaviour generally
expected of a teacher; or
(ii) is otherwise disgraceful or
improper; and
(c) may take into account any other
matter it considers relevant.
44
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Act No. of
s. 8
17K. Determining whether person fit to be teacher
(1) If at any time under this Act, including
for the purposes of an inquiry, the Board
is to determine whether a person is fit to
be a teacher, the Board may take into
account -
(a) any medical, psychiatric or
psychological condition of the
applicant; and
(b) the competence of the person as a
teacher; and
(c) any other matter it considers
relevant.
(2) For the purposes of determining whether
a person is fit to be a teacher, the Board
may require the person -
(a) to undergo a medical
examination, including a
psychiatric, psychological or
other examination; and
(b) to authorise the medical
practitioner, psychologist or other
person undertaking the
examination to provide a copy of
his or her report on the person to
the Board.
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Act No. of
s. 8
17L. Police report
(1) If a person applies under section 12 or
17C for full registration or a limited
authority, that person is taken to have
authorised the Board to obtain a report
from the Commissioner of Police, and
the Commissioner of Police to provide a
report -
(a) for the purpose of considering
and determining the application;
and
(b) following the grant of the
application -
(i) for the purpose of the
renewal of full
registration or the
extension of a limited
authority; and
(ii) for the purpose of an
inquiry in respect of that
person, whether or not
that person is still a
registered teacher or the
holder of a limited
authority; and
(iii) for any other purpose
related to the
administration of this Act
in respect of the person
while the person is a
registered teacher or the
46
Teachers Registration Amendment Act 2009
Act No. of
s. 8
holder of a limited
authority.
(2) The Board may refer to the
Commissioner of Police -
(a) the name and address of a person
who -
(i) has applied for full
registration or a limited
authority under section 12
or 17C; or
(ii) is or was a registered
teacher or a holder of a
limited authority; and
(b) any information and
documentation relating to that
person that the Board considers
relevant.
(3) The Commissioner of Police must
inquire into, and report to the Board on,
any matters concerning the person that
may be relevant to the purpose specified
in subsection (1) in respect of which the
Board is obtaining the report.
(4) For the purposes of the Commissioner of
Police providing a report under this
section, section 22(1), section 31(1),
section 45(1) and section 108 of the
Youth Justice Act 1997 do not apply to
the identification in a report under
subsection (3) of a youth, within the
47
Teachers Registration Amendment Act 2009
Act No. of
s. 9
meaning of that Act, in respect of any
action or proceedings referred to in those
sections.
9. Section 18 substituted
Section 18 of the Principal Act is repealed and
the following sections are substituted:
18. Notifying Board if person found guilty of or
charged with prescribed offence
(1) If a person who is a registered teacher or
holder of a limited authority is charged
with a prescribed offence in Tasmania or
elsewhere, that person must give notice
in writing to the Board, within 28 days
after being so charged, of that charge and
the details of the alleged prescribed
offence.
Penalty: Fine not exceeding 10 penalty
units.
(2) If a person who is a registered teacher or
holder of a limited authority is charged
with a prescribed offence in Tasmania or
elsewhere and -
(a) a court has made a finding of
guilty or not guilty or another
finding in relation to the charge;
or
(b) a court adjourns proceedings on
the charge sine die; or
48
Teachers Registration Amendment Act 2009
Act No. of
s. 9
(c) the charge is dismissed or
withdrawn -
the person must notify the Board in
writing of that fact and, if the person is
found guilty of the charge, of the
circumstances in which the prescribed
offence was committed, within 28 days
after the court so makes the finding or
adjourns the proceedings or the charge is
so dismissed or withdrawn.
Penalty: Fine not exceeding 10 penalty
units.
18A. Disciplinary action if person found guilty of
prescribed offence
If a person who is a registered teacher or
holder of a limited authority is found
guilty of a prescribed offence in
Tasmania or elsewhere, the Board may -
(a) caution the person; or
(b) make the person's full
registration, provisional
registration or limited authority
subject to conditions, or
additional conditions, the Board
thinks fit; or
(c) amend one or more of the
conditions to which the person's
full registration, provisional
registration or limited authority is
subject, as the Board thinks fit; or
49
Teachers Registration Amendment Act 2009
Act No. of
s. 10
(d) if of the opinion that the
circumstances of the offence are
such that the person is no longer
of good character or no longer fit
to be a teacher -
(i) suspend the person's full
registration, provisional
registration or limited
authority for any period,
and subject to any
conditions, it thinks fit; or
(ii) cancel the person's full
registration, provisional
registration or limited
authority.
10. Section 19 substituted
Section 19 of the Principal Act is repealed and
the following sections are substituted:
19. Complaints
(1) A person may complain to the Board
about the professional conduct of a
person who is or was -
(a) a registered teacher; or
(b) a holder of a limited authority.
(2) A complaint is to -
(a) be in writing; and
50
Teachers Registration Amendment Act 2009
Act No. of
s. 10
(b) disclose the name and address of
the complainant; and
(c) be signed by the complainant.
(3) As soon as reasonably practicable after
receiving a complaint, the Board, in
writing -
(a) is to provide notice of the making
of the complaint, the name of the
complainant and the contents of
the complaint to -
(i) the person who is the
subject matter of the
complaint; and
(ii) if the employers of that
person, both current and
at the time the behaviour
that constitutes the basis
of the complaint occurred,
are identifiable from the
details of the complaint or
otherwise known to the
Board, those employers;
and
(b) may require the complainant to
provide information or
documents, as the Board
considers appropriate, to the
Board within the reasonable
period specified in the
requirement.
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Teachers Registration Amendment Act 2009
Act No. of
s. 10
(4) If a complainant changes his or her name
or address, the complainant is to notify
the Board, in writing, of that change.
19A. Preliminary assessment of complaint
(1) On receiving a complaint, the Board is to
conduct a preliminary assessment of it
for the purpose of determining whether
an inquiry should be held in respect of
the complaint.
(2) In conducting the preliminary
assessment, the Board may make such
inquiries, and obtain such information
and documents, as it considers necessary.
(3) On completing the preliminary
assessment of the complaint, the Board
may -
(a) determine that an inquiry should
be held in respect of the
complaint if reasonably satisfied
that it is in the public interest to
do so; or
(b) dismiss the complaint if -
(i) the Board is of the
opinion that the complaint
is vexatious,
misconceived, frivolous
or lacking in substance; or
(ii) the behaviour complained
about has been the subject
52
Teachers Registration Amendment Act 2009
Act No. of
s. 10
of a previous complaint
that has been dismissed;
or
(iii) the behaviour complained
about has been the subject
of a previous complaint in
respect of which an
inquiry has been held; or
(iv) the behaviour complained
about is the subject of an
existing complaint in
respect of which an
inquiry has been or is
being held; or
(v) information or documents
required by the Board
under section 19(3)(b)
have not been provided to
the Board; or
(vi) the Board is not
reasonably satisfied that it
is in the public interest to
hold an inquiry; or
(vii) the Board is of the
opinion that the complaint
should be made to another
person, body or Agency
within the meaning of the
State Service Act 2000; or
(viii) the Board is of the
opinion that it is
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Teachers Registration Amendment Act 2009
Act No. of
s. 11
impossible or
inappropriate to hold an
inquiry after considering
the circumstances
surrounding the behaviour
complained about and the
making of the complaint,
including the time elapsed
since the behaviour
occurred.
(4) If the Board dismisses the complaint, it is
to notify, in writing, the complainant and
all persons notified of the making of the
complaint under section 19(3)(a) of the
reasons for dismissing it.
11. Section 20 amended (Inquiries)
Section 20 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(a) "has
or had" and substituting "holder of";
(b) by omitting from subsection (1)(b)
"section 19." and substituting
"section 19; and";
(c) by inserting the following paragraph after
paragraph (b) in subsection (1):
(c) any matter referred to in a notice
under section 31.
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Teachers Registration Amendment Act 2009
Act No. of
s. 12
(d) by omitting from subsection (2)(a) "the
inquiry" and substituting "an inquiry
under this section";
(e) by omitting paragraph (a) from
subsection (3);
(f) by inserting in subsection (3)(d) "or may
have been fully registered or
provisionally" after "was";
(g) by inserting in subsection (3)(d) "or may
have obtained" after "obtained";
(h) by omitting from subsection (3)(e)
"character." and substituting "character
or may no longer be of good character;
or";
(i) by inserting the following paragraph after
paragraph (e) in subsection (3):
(f) the person is no longer fit to be a
teacher or may no longer be fit to
be a teacher.
(j) by inserting in subsection (4) "under this
section" after "inquiry".
12. Section 21 amended (Committee of inquiry)
Section 21 of the Principal Act is amended as
follows:
55
Teachers Registration Amendment Act 2009
Act No. of
s. 13
(a) by omitting paragraph (b) from
subsection (1) and substituting the
following paragraph:
(b) not less than 2, but not more than
4, other persons who are
registered teachers.
(b) by inserting in subsection (2) "or conduct
a hearing, or both," after "an inquiry";
(c) by inserting the following subsections
after subsection (2):
(3) The Board may -
(a) appoint one of the
members of a committee
of inquiry as its
chairperson; and
(b) give written directions to
the committee relating to
its proceedings and the
conduct of the inquiry.
(4) Except as provided by this Act or
directions given by the Board, a
committee of inquiry may
regulate its own proceedings.
13. Section 22 amended (Notifying person in respect of
whom an inquiry is to be held)
Section 22 of the Principal Act is amended as
follows:
56
Teachers Registration Amendment Act 2009
Act No. of
s. 13
(a) by omitting from subsection (1) "has or
had" and substituting "holder of";
(b) by omitting paragraph (b) from
subsection (2);
(c) by omitting paragraph (e) from
subsection (2) and substituting the
following paragraph:
(e) that the person may submit to the
Board, within 14 days after being
served with the notice, a
statement in writing that contains
one or more of the following:
(i) a written admission of, or
refutation of, the
substance of any matter to
be inquired into;
(ii) a request for the Board to
hold a hearing in respect
of any matter being
inquired into.
(d) by omitting subsection (3) and
substituting the following subsection:
(3) A statement under
subsection (2)(e) containing an
admission of, or refutation of, the
substance of any matter to be
inquired into -
(a) is to specify the details of
the matter; and
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Act No. of
s. 14
(b) may be accompanied by
any other document the
person making the
statement considers
appropriate.
14. Sections 22A, 22B, 22C and 22D inserted
After section 22 of the Principal Act, the
following sections are inserted in Division 2:
22A. Notifying other persons of inquiry
(1) If the Board determines that an inquiry is
to be held in respect of a person who is
or was a registered teacher or holder of a
limited authority and the inquiry is the
result of a complaint, it is to give notice
of the inquiry, in writing, to the
complainant.
(2) The Board, at its discretion, may give
notice of the inquiry to any other person
the Board considers appropriate.
(3) A notice under this section may state one
or more of the following as the Board
considers appropriate:
(a) the nature and details of any
matter of the proposed inquiry;
(b) whether the inquiry is to be held
by the Board or a committee of
inquiry;
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Teachers Registration Amendment Act 2009
Act No. of
s. 14
(c) the names of the members of the
committee of inquiry;
(d) that the person may submit to the
Board, within 14 days after being
served with the notice, written
submissions and other documents
in relation to the matter being
inquired into.
22B. Conduct of inquiry generally
(1) In holding an inquiry, the Board or
committee of inquiry -
(a) must proceed with as little
formality, and with as much
expedition, as a proper
consideration of matter being
inquired into permits; and
(b) must comply with the rules of
natural justice; and
(c) is not bound by the rules of
evidence; and
(d) may invite and receive written
submissions from any person the
Board or committee of inquiry
considers relevant to the inquiry;
and
(e) may consult with any person; and
(f) may request, in writing, that the
person in respect of whom the
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Act No. of
s. 14
inquiry is being held provide the
Board or committee of inquiry
with a report from a medical
practitioner, psychologist or other
health professional; and
(g) may inform itself on any matter
in any manner it considers
appropriate.
(2) A committee of inquiry must hold an
inquiry in accordance with any directions
given by the Board.
22C. Hearing
(1) In this section -
"child" means a person under the age
of 17 years;
"special witness" means a person who
the Board or committee of
inquiry holding a hearing
determines -
(a) would be, or is likely to
be, unable to give
evidence satisfactorily in
the ordinary manner by
reason of intellectual,
mental or physical
disability; or
(b) if required to give
evidence in the ordinary
manner, is likely to suffer
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Act No. of
s. 14
severe emotional trauma,
or to be so intimidated or
distressed as to be unable
to give evidence or to
give evidence
satisfactorily, by reason of
age, cultural background,
relationship to any party
to the proceeding, the
nature of the subject
matter of the evidence or
any other factor the Board
or committee of inquiry
considers relevant.
(2) As part of an inquiry, the Board or
committee of inquiry -
(a) at its own discretion may; and
(b) on the request of the person in
respect of whom the inquiry is
being held is to -
hold a hearing in respect of a matter
being inquired into.
(3) If a hearing is to be held, the Board or
committee of inquiry holding the
hearing -
(a) is to give notice of the hearing to
the person in respect of whom the
inquiry is being held; and
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(b) if the inquiry is the result of a
complaint, is to give notice of the
hearing to the complainant; and
(c) may give notice of the hearing to
any other person the Board or
committee of inquiry considers
appropriate.
(4) Notice under subsection (3) is to be in
writing and specify the time and place at
which the hearing is to be held.
(5) The person in respect of whom the
inquiry is being held is entitled -
(a) subject to a determination under
subsection (7), to be present at
the hearing; and
(b) to give evidence at the hearing;
and
(c) present witnesses at the hearing;
and
(d) be represented by another person
at the hearing.
(6) The Board or committee of inquiry
holding a hearing may request, in
writing, any person to appear at the
hearing to give evidence and produce
documents.
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(7) If a child or a special witness is to give
evidence, the Board or committee of
inquiry holding the hearing is to -
(a) determine that the evidence is to
be given by closed circuit
television, video link or telephone
or, if none of these means is
available or appropriate, by such
other method as the Board or
committee considers appropriate;
and
(b) determine who may be present,
and by what means such persons
may be present, during the giving
of the evidence.
(8) In making a determination under
subsection (7), the Board or committee of
inquiry is to minimise distress to the
child or special witness as much as
possible.
(9) The person who is the subject of the
inquiry, or his or her representative, may
reasonably question -
(a) an adult person who appears at
the hearing at the request of the
Board or committee of inquiry
under subsection (6); or
(b) if the Board or committee of
inquiry holding the hearing
consents, a child or special
witness.
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(10) The Board or committee of inquiry
holding a hearing must not admit the
public to the hearing, or any part of the
hearing, unless, after taking into account
any detriment to any person that might
result from the admission of the public, it
considers that the public interest requires
it.
22D. Confidentiality
(1) A person must not publish any
information in respect of an inquiry if the
information identifies, or may lead to the
identification of, the person in respect of
whom the inquiry is being held unless the
Board, after determining the detrimental
effect the publication would be likely to
have on that person, determines that the
public interest requires it.
Penalty: Fine not exceeding 100 penalty
units.
(2) A person must not publish any
information in respect of an inquiry if the
information identifies, or may lead to the
identification of, a child or a person who
is a special witness within the meaning of
section 22C(1), who has appeared at a
hearing or is otherwise relevant to the
inquiry.
Penalty: Fine not exceeding 100 penalty
units.
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15. Section 24 amended (Decisions)
Section 24 of the Principal Act is amended as
follows:
(a) by inserting "one or more" after "make
any";
(b) by inserting the following paragraph after
paragraph (a):
(ab) impose a condition or further
condition on the person's full
registration, provisional
registration or limited authority;
(c) by inserting in paragraph (b) "full
registration, provisional" after
"person's";
(d) by inserting in paragraph (c) "full
registration, provisional" after
"person's".
16. Sections 24A and 24B inserted
After section 24 of the Principal Act, the
following sections are inserted in Division 2:
24A. Notifying of decision
(1) On making a decision as a result of an
inquiry in respect of a person, the Board
is to give notice, in writing, of that
decision to -
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Teachers Registration Amendment Act 2009
Act No. of
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(a) that person; and
(b) that person's employer if that
person is employed to teach; and
(c) all other corresponding
registration authorities in the case
of any decision; and
(d) if the inquiry resulted from the
making of a complaint, the
complainant.
(2) Section 22D(1) does not apply to the
giving of notice of the decision under
subsection (1).
24B. Emergency suspension of registration or
limited authority
(1) If the Board believes on reasonable
grounds that a registered teacher or
holder of a limited authority may pose a
risk of harm to a student, the Board may
immediately suspend his or her full
registration, provisional registration or
limited authority.
(2) On suspending the full registration,
provisional registration or limited
authority of a person under this section,
the Board is to -
(a) give notice, in writing, of that
suspension to -
(i) that person; and
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Teachers Registration Amendment Act 2009
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(ii) if that person is employed
to teach, that person's
employer; and
(iii) all other corresponding
registration authorities;
and
(b) ensure that an inquiry into the
matter giving rise to the
suspension is held and concluded
as expeditiously as possible but
taking into account that it may be
appropriate to delay the inquiry
until any other investigation by a
corresponding registration
authority or other relevant person,
or any legal proceeding or health
investigation, relevant to the
subject matter of the inquiry is
concluded.
(3) A suspension takes effect on written
notice of it being served on the registered
teacher or holder of a limited authority.
17. Sections 25, 26 and 27 substituted
Sections 25, 26 and 27 of the Principal Act are
repealed and the following sections are
substituted:
25. Registers
(1) The Board is to keep -
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Teachers Registration Amendment Act 2009
Act No. of
s. 17
(a) a register of registered teachers;
and
(b) a register of holders of limited
authorities.
(2) Each register is to contain the following
information in respect of each registered
teacher or holder of a limited authority:
(a) full name;
(b) any former name;
(c) residential address;
(d) date of birth;
(e) qualifications;
(f) teaching experience at the time of
application for full registration,
provisional registration or limited
authority;
(g) registration number or limited
authority number;
(h) in the case of a registered teacher,
whether fully registered or
provisionally registered;
(i) date on which full registration,
provisional registration or limited
authority takes effect;
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Teachers Registration Amendment Act 2009
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(j) expiry date of full registration,
provisional registration or limited
authority;
(k) any conditions to which the full
registration, provisional
registration or limited authority is
subject;
(l) in the case of a holder of a limited
authority, particulars of the
limited authority;
(m) particulars of any suspension of
full registration, provisional
registration or limited authority;
(n) any other particulars the Board
considers appropriate.
(3) A person must notify the Board, in the
manner determined by the Board, of any
change in the person's name, address and
qualifications before, or within 60 days
after, that change.
Penalty: Fine not exceeding 2 penalty
units.
(4) The Board -
(a) on the request of any person, is to
make available to that person
only the particulars of the register
of registered teachers and register
of holders of limited authorities
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Act No. of
s. 17
referred to in subsection (2)(a),
(g), (h), (j) and (l); and
(b) on the request of any person, may
make available to that person the
particulars of the register of
registered teachers and register of
holders of limited authorities
referred to in subsection (2)(k) if
the Board considers it appropriate
to do so; and
(c) on the request of a teacher
employing authority, may make
available to that authority -
(i) the particulars of the
register of registered
teachers and register of
holders of limited
authorities referred to in
subsection (2)(d), (e) and
(m); and
(ii) any other particulars in
respect of which the
registered teacher or
holder of the limited
authority has given his or
her consent.
(5) For the purpose of subsection (4) -
"teacher employing authority"
means the Department, the
Tasmanian Academy, the
Tasmanian Polytechnic, the
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Teachers Registration Amendment Act 2009
Act No. of
s. 17
Catholic Education Office,
Hobart or a person or body
referred to in section 51 of the
Education Act 1994.
(6) The Board may publish, in such manner
as it considers appropriate, a list of the
full names of persons who are registered
teachers or the holders of limited
authorities and the information that is -
(a) kept in the register of registered
teachers or register of holders of
limited authorities in relation to
those persons; and
(b) specified in any one or more of
the following paragraphs of
subsection (2):
(i) paragraph (g);
(ii) paragraph (h);
(iii) paragraph (j);
(iv) paragraph (l).
26. Registers to be kept up-to-date
The Board is to keep the registers up-to-
date and for this purpose is to add,
remove and substitute information as
necessary.
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27. Employing unregistered teachers
(1) A person must not employ or engage a
person to teach if that person is not a
registered teacher, is not the holder of a
limited authority or is not under the
direct supervision of a registered teacher.
Penalty: In the case of -
(a) a first offence, a fine not
exceeding 50 penalty
units; or
(b) a subsequent offence, a
fine not exceeding 100
penalty units and a daily
penalty of 10 penalty
units for each day during
which the offence
continues.
(2) Subsection (1) does not apply, before
1 January 2011, to the Tasmanian
Polytechnic.
27A. Notification of charge or finding of guilt, &c.
(1) If a person who is a registered teacher or
holder of a limited authority is charged
with a prescribed offence in Tasmania or
elsewhere, that person must give notice
in writing to the Board, within 28 days
after being so charged, of that charge and
the details of the alleged prescribed
offence.
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Teachers Registration Amendment Act 2009
Act No. of
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Penalty: Fine not exceeding 10 penalty
units.
(2) If a person who is a registered teacher or
holder of a limited authority is charged
with a prescribed offence in Tasmania or
elsewhere and -
(a) a court has made a finding of
guilty or not guilty or another
finding in relation to the charge;
or
(b) a court adjourns proceedings on
the charge sine die; or
(c) the charge is dismissed or
withdrawn -
the person must notify the Board in
writing of that fact and, if the person is
found guilty of the charge, of the
circumstances in which the prescribed
offence was committed within 28 days
after the court so makes the finding or
adjourns the proceedings or the charge is
so dismissed or withdrawn.
Penalty: Fine not exceeding 10 penalty
units.
(3) As soon as reasonably practicable after
becoming aware that a registered teacher
or holder of a limited authority has been
found guilty of a prescribed offence in
Tasmania or elsewhere, the Board is to
notify, in writing, the employer of the
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Teachers Registration Amendment Act 2009
Act No. of
s. 18
registered teacher or holder of the limited
authority of that fact if the employer is
known to the Board.
(4) As soon as reasonably practicable after
becoming aware that, in relation to a
charge for a prescribed offence in
Tasmania or elsewhere -
(a) a court has made a finding of
guilty; or
(b) a finding of guilt has been
overturned on appeal -
the Board is to notify, in writing, each
corresponding registration authority of
that fact.
18. Section 29 amended (Applications for review)
Section 29(2) of the Principal Act is amended by
omitting "section 18 or 26." and substituting
"section 18A, 24 or 26.".
19. Section 31 substituted
Section 31 of the Principal Act is repealed and
the following section is substituted:
31. Employers to notify of disciplinary action
taken and certain resignations and
retirements
(1) In this section -
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"employer" means the Department,
the Tasmanian Academy, the
Tasmanian Polytechnic, the
Catholic Education Office,
Hobart or a person or body
referred to in section 51 of the
Education Act 1994;
"unacceptable behaviour" means
behaviour of a person that -
(a) does not satisfy a standard
of behaviour generally
expected of a teacher; or
(b) is otherwise disgraceful or
improper; or
(c) shows that the person is
unfit to be a teacher.
(2) If an employer employs a person who is
a registered teacher or holder of a limited
authority to teach and that employer -
(a) considers any behaviour of the
person to be unacceptable
behaviour; and
(b) because of that behaviour
dismisses the person, or takes any
other disciplinary action against
the person -
the employer must notify the Board, in
writing and within 28 days after so
dismissing or taking other disciplinary
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Teachers Registration Amendment Act 2009
Act No. of
s. 20
action against the person, of the action
taken by the employer and the details of
the relevant behaviour.
Penalty: Fine not exceeding 5 penalty
units.
(3) If a registered teacher or holder of a
limited authority resigns or retires in
circumstances which may have allowed
his or her employer to consider any
behaviour of the person to be
unacceptable behaviour, the employer
must notify the Board, in writing and
within 28 days after the person has
notified the employer of his or her
resignation or retirement, of that
resignation or retirement and the details
of the relevant behaviour.
Penalty: Fine not exceeding 5 penalty
units.
20. Section 32 amended (Annual returns)
Section 32 of the Principal Act is amended by
omitting "school" and substituting "school, the
Tasmanian Academy or the Tasmanian
Polytechnic".
21. Section 32A inserted
After section 32 of the Principal Act, the
following section is inserted in Part 5:
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Teachers Registration Amendment Act 2009
Act No. of
s. 21
32A. Providing information to corresponding
bodies, &c.
(1) The Board may provide to a
corresponding registration authority any
information it has or obtains in the
performance and exercise of its functions
and powers in relation to -
(a) a person who has made an
application under this Act; and
(b) a person who is or was a
registered teacher or holder of a
limited authority.
(2) Following the grant of full registration,
provisional registration or a limited
authority to a person, the Board may
require the person, in writing, to
authorise it to obtain from a
corresponding registration authority any
information about the person held by that
body -
(a) for the purpose of the renewal of
full registration or the extension
of a limited authority; and
(b) for the purpose of an inquiry in
respect of that person, whether or
not that person is still a registered
teacher or the holder of a limited
authority; and
(c) for any other purpose related to
the administration of this Act in
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Teachers Registration Amendment Act 2009
Act No. of
s. 22
respect of the person while the
person is a registered teacher or
the holder of a limited authority.
(3) A person must comply with the
requirement of the Board made under
subsection (2).
Penalty: Fine not exceeding 10 penalty
units.
22. Section 33 substituted
Section 33 of the Principal Act is repealed and
the following section is substituted:
33. Annual report
(1) The Board is to submit an annual report
to the Minister by 30 April in each year
on its activities for the year ending on the
preceding 31 December.
(2) The annual report is to include the
financial statements of the Board, as
audited by the Auditor-General, for the
financial year ending on 30 June in the
year to which the annual report relates.
23. Section 34A inserted
After section 34 of the Principal Act, the
following section is inserted in Part 5:
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Teachers Registration Amendment Act 2009
Act No. of
s. 24
34A. Prosecutions under this Act
A prosecution for an offence against this
Act may be instituted -
(a) by the chairperson of the Board;
or
(b) by a person authorised by the
Board.
24. Section 37 amended (Replacement certificates)
Section 37 of the Principal Act is amended as
follows:
(a) by omitting "registration or certificate of
limited authority" and substituting "full
registration, certificate of provisional
registration or notice of limited
authority";
(b) by inserting "or notice" after "original
certificate".
25. Section 39 amended (Regulations)
Section 39(2) of the Principal Act is amended as
follows:
(a) by inserting in paragraph (a) "full" after
"for";
(b) by inserting in paragraph (d) "and other
fees" after "fees";
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Teachers Registration Amendment Act 2009
Act No. of
s. 26
(c) by inserting in paragraph (d) "full
registrations, provisional" after "to";
(d) by omitting from paragraph (g) "the" and
substituting "a".
26. Section 41 inserted
After section 40 of the Principal Act, the
following section is inserted in Part 5:
41. Transitional provisions consequent on
Teachers Registration Amendment Act 2009
(1) In this section -
"commencement day" means the day
on which the Teachers
Registration Amendment Act
2009 commences;
"former member" means a person
who, immediately before the
commencement day, was a
member of the former
Registration Board;
"former Registration Board" means
the Teachers Registration Board
as established and constituted
under this Act as in force
immediately before the
commencement day.
(2) Each former member is taken to have
been validly appointed on the
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Teachers Registration Amendment Act 2009
Act No. of
s. 26
commencement day as a member of the
Board -
(a) for a period ending on the day on
which the former member's
appointment to the former
Registration Board would end
had this Act not been amended by
the Teachers Registration
Amendment Act 2009; and
(b) on the same conditions as that
appointment.
(3) A certificate of registration that -
(a) was issued under section 15 as in
force immediately before the
commencement day; and
(b) would have had effect on the
commencement day had this Act
not been amended by the
Teachers Registration
Amendment Act 2009 -
is taken to be a certificate of full
registration.
(4) A certificate of limited authority that -
(a) was issued under section 17(5) as
in force immediately before the
commencement day; and
(b) would have had effect on the
commencement day had this Act
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Teachers Registration Amendment Act 2009
Act No. of
s. 27
not been amended by the
Teachers Registration
Amendment Act 2009 -
is taken to be a notice of limited
authority.
27. Schedule 1 amended (Membership and meetings of
Board)
Schedule 1 to the Principal Act is amended as
follows:
(a) by inserting the following clause after
clause 4:
4A. Notifying of matter that may affect
Minister's opinion of character
If a member does or omits any
act, or is involved in any situation
or circumstances, that may affect
whether the Minister would
consider the member to be fit to
be a member of the Board, the
member must notify the Minister
in writing of the act, omission,
situation or circumstances as soon
as is reasonable.
(b) by inserting the following paragraph after
paragraph (e) in clause 6:
(ea) if the Minister is of the opinion
that the member -
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Teachers Registration Amendment Act 2009
Act No. of
s. 27
(i) is no longer fit to be a
member of the Board; or
(ii) has failed to notify the
Minister as required under
clause 4A; or
Government Printer, Tasmania 83