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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia Teacher Registration Bill 2011 CONTENTS Part 1 -- Preliminary 1. Short title 2 2. Commencement 2 3. Terms used 2 4. Crown bound 5 5. Best interests of children paramount 5 Part 2 -- Teaching by unregistered persons and related offences 6. Requirement to be registered 6 7. Requirement to employ etc. teachers who are registered 6 8. Registered teachers must comply with conditions of registration 6 9. Pretending to be registered or entitled to teach 6 Part 3 -- Registration of teachers Division 1 -- Registration of teachers Subdivision 1 -- Applications 10. Application for registration 8 11. Application for renewal of registration 9 12. Applicant for limited registration is employer 9 13. Information in support of application 9 14. Board may refuse to consider some applications 10 Subdivision 2 -- Requirements for registration 15. Full registration -- requirements 10 16. Provisional registration -- requirements 11 17. Limited registration -- requirements 11 18. Non-practising registration -- requirements 12 260--2 page i Teacher Registration Bill 2011 Contents 19. Only natural persons may be registered as teachers 12 20. Professional standards 12 Subdivision 3 -- Registration 21. Grant of registration 13 22. Renewal of registration 14 23. Duration of registration 14 24. Who is a fit and proper person 15 Subdivision 4 -- Conditions and cancellation 25. Conditions generally 16 26. Conditions imposed by the Board 16 27. Cancellation of registration by Board 17 28. Cancellation of registration at teacher's request 18 Subdivision 5 -- Notice of decisions and opportunity to show cause why some decisions should not be made 29. Notice of decisions on registration to be given 19 30. Notice of decision to impose, modify or cancel a condition made during the currency of the registration 19 31. Notice of cancellation or reinstatement of registration to be given 20 32. Board to give reasonable opportunity to show cause why some decisions should not be made 21 Subdivision 6 -- General provisions 33. Effect of cancellation of registration 21 34. Effect of suspension of registration 21 35. Annual fees 21 Division 2 -- The register 36. Register of teachers to be kept 22 37. Inspection of register 22 Part 4 -- Board to be given notice, and may obtain criminal record checks, in some circumstances Division 1 -- Notices to be given Subdivision 1 -- Notices to be given by registered teachers 38. Notice about legal actions 24 39. Notice about loss of qualifications 24 page ii Teacher Registration Bill 2011 Contents 40. Notice about working with children notices and assessments 24 Subdivision 2 -- Notices to be given by other persons 41. Notice to be given by DPP or Commissioner of Police about committal, conviction etc. of registered teacher 25 42. Notice to be given by employer about suspension, dismissal or resignation of registered teacher 26 Division 2 -- Criminal record checks 43. Board may request consent to obtain a criminal record check 26 44. Criminal record check 27 Division 3 -- Board to consider notices and criminal record checks received 45. Action to be taken by Board on receiving a notification or criminal record check 27 Part 5 -- Disciplinary and impairment matters Division 1 -- Preliminary 46. Terms used 28 47. Disciplinary matters 29 48. Impairment matters 29 Division 2 -- Disciplinary committee and impairment review committee 49. Disciplinary committee 30 50. Impairment review committee 31 Division 3 -- Complaints about teachers 51. Making a complaint 32 52. Teacher to be notified of complaint 32 Division 4 -- Assessment, investigation and referral of complaints 53. Assessment, investigation and referral by Board 33 54. Board to provide report to committee 34 55. Committee may request Board to undertake further investigations or recommend that the complaint be referred elsewhere 34 56. Board's powers of investigation 35 page iii Teacher Registration Bill 2011 Contents 57. Inappropriate and trivial complaints 35 Division 5 -- Interim disciplinary orders 58. Interim disciplinary orders generally 36 59. Interim disciplinary orders may be made where risk of injury or harm 36 60. Interim disciplinary order may be made if teacher charged with sexual offence involving a child 37 61. Interim disciplinary orders to be referred to the State Administrative Tribunal 37 Division 6 -- Role of disciplinary committee Subdivision 1 -- Initial assessment of complaints 62. Initial assessment and decision of disciplinary committee on complaint 38 Subdivision 2 -- Inquiries 63. Disciplinary committee to deal with certain complaints 38 64. Inquiry -- procedure and evidence 39 65. Rights of teacher as to evidence and witnesses 39 66. Evidence and findings in other proceedings 39 67. Representation at inquiry 40 68. Powers of inquiry 40 69. Record of inquiry 41 70. Decision of disciplinary committee after inquiry 42 Subdivision 3 -- Offences relating to inquiries 71. Failure to comply with notice under section 68 43 72. Disruption of inquiry 43 Division 7 -- Role of impairment review committee Subdivision 1 -- Complaints relating to impairment matters 73. Impairment review committee to deal with certain complaints 44 74. Registered teacher to be notified about impairment matter 44 75. Impairment matter -- procedure and evidence 44 76. Examination 45 77. Report of examination to impairment review committee 45 page iv Teacher Registration Bill 2011 Contents 78. Decision of impairment review committee after consideration of matter 46 79. Recommendation 47 80. Decision of Board after consideration of recommendation of impairment review committee 47 Subdivision 2 -- Requests to impairment review committee by teachers 81. Request by teacher for imposition of condition 48 82. Cancellation of condition 48 Division 8 -- State Administrative Tribunal Subdivision 1 -- Role of the Board 83. Certain complaints to be referred to State Administrative Tribunal 49 Subdivision 2 -- State Administrative Tribunal 84. Jurisdiction of State Administrative Tribunal 49 Division 9 -- Notice of orders and decisions made under this Part 85. Notice of orders and decisions made under this Part 51 Part 6 -- Teacher Registration Board Division 1 -- Establishment 86. Board established 52 87. Membership of Board 52 88. Remuneration and allowances 52 Division 2 -- Functions and powers 89. Functions 53 90. Powers 53 91. Delegation by Board 53 Division 3 -- Staff and services 92. Staff and services 54 Division 4 -- Relationship of Board with Minister 93. Directions by Minister 54 94. Minister to have access to information 55 page v Teacher Registration Bill 2011 Contents Division 5 -- Constitution and proceedings of the Board Subdivision 1 -- General provisions 95. Term of office 56 96. Casual vacancies 56 97. Deputy chairperson acting as chairperson 57 98. Alternate members 57 99. Holding meetings 58 100. Quorum 58 101. Presiding at meetings 58 102. Procedure at meetings 58 103. Voting 59 104. Holding meetings remotely 59 105. Resolution without meeting 59 106. Minutes 59 107. Committees 59 Subdivision 2 -- Disclosure of interest 108. Disclosure of interest 60 109. Voting by interested Board member 61 110. Section 109 may be declared inapplicable 61 111. Quorum where section 109 applies 61 112. Minister may declare sections 109 and 111 inapplicable 62 Division 6 -- General 113. Execution of documents by the Board 62 114. Annual report of Board 62 115. Teacher Registration Board Account 63 Part 7 -- Miscellaneous Division 1 -- Publishing and using information 116. Term used: publish 64 117. Confidentiality of information 64 118. Publication of information 65 Division 2 -- Legal proceedings 119. Legal proceedings 66 120. Evidence Act 1906 not affected 67 121. Evidentiary matters 67 122. Evidentiary certificate 67 123. Recovery of amounts due 68 page vi Teacher Registration Bill 2011 Contents Division 3 -- Review by State Administrative Tribunal 124. Review by State Administrative Tribunal of certain decisions 68 Division 4 -- Other matters 125. Laying before House of Parliament that is not sitting 69 126. Protection from liability 70 127. False or misleading information 70 128. Regulations 71 129. Forms 73 130. Review of Act 73 Part 8 -- Repeals and transitional matters Division 1 -- Interpretation Act 1984 not affected 131. Interpretation Act 1984 not affected 74 Division 2 -- Repeals 132. Western Australian College of Teaching Act 2004 repealed 74 133. Western Australian College of Teaching Regulations 2004 repealed 74 134. Western Australian College of Teaching (Elections) Regulations 2007 repealed 74 Division 3 -- Transitional provisions arising from the enactment of the Teacher Registration Act 2011 Subdivision 1 -- Terms used 135. Terms used 75 Subdivision 2 -- Registration 136. Current registration continues 76 137. Registration of persons not currently registered at commencement day 76 Subdivision 3 -- Former Board abolished 138. Former Board abolished 78 139. Unfinished proceedings 78 page vii Teacher Registration Bill 2011 Contents Subdivision 4 -- Assets and liabilities of the College, other than those relating to real property, transferred 140. This Subdivision does not apply in respect of real property 78 141. Transfer of assets, liabilities, etc. 78 142. Winding-up 79 143. Final report 80 144. Records etc. to be delivered to CEO 80 Subdivision 5 -- Staff under WACOT Act 145. Staff under WACOT Act -- transition of employment 80 Subdivision 6 -- Other matters 146. Disciplinary proceedings 81 147. Orders made under WACOT Act 81 148. References to College or former Board 81 149. Transitional regulations 82 Part 9 -- Amendments to other Acts Division 1 -- Western Australian College of Teaching Act 2004 amended 150. Western Australian College of Teaching Act 2004 amended 84 151. Long title amended 84 152. Section 3 replaced 84 3. Terms used 84 153. Section 7 amended 85 154. Sections 9 to 13 deleted 85 155. Section 15 amended 85 156. Sections 16 to 18 replaced 85 16. Term used: residual affairs 85 17. Function of College 86 18. Powers of College 86 157. Sections 19 to 21 deleted 86 158. Section 25 amended 86 159. Section 26 replaced 87 26. Funds available to the College 87 160. Sections 27 to 29 deleted 87 161. Parts 4 to 9 deleted 87 162. Schedules 1 to 4 deleted 87 page viii Teacher Registration Bill 2011 Contents Division 2 -- Other Acts amended 163. Children and Community Services Act 2004 amended 87 164. Constitution Acts Amendment Act 1899 amended 88 165. Oaths, Affidavits and Statutory Declarations Act 2005 amended 88 166. Occupational Therapists Act 2005 amended 88 167. Prostitution Amendment Act 2008 amended 89 168. Sentencing Act 1995 amended 89 169. Spent Convictions Act 1988 amended 89 170. State Administrative Tribunal Act 2004 amended 90 Defined Terms page ix Western Australia LEGISLATIVE ASSEMBLY (As amended -- proforma amendments) Teacher Registration Bill 2011 A Bill for An Act to -- • provide for the establishment of the Teacher Registration Board of Western Australia; and • provide for the regulation of the teaching profession in Western Australia; and • facilitate the establishment, implementation and administration of an inter-jurisdictional accreditation scheme for teacher education programmes; and • repeal the Western Australian College of Teaching Act 2004 and the regulations made under that Act; and • make consequential amendments to various Acts, and for related purposes. The Parliament of Western Australia enacts as follows: page 1 Teacher Registration Bill 2011 Part 1 Preliminary s. 1 1 Part 1 -- Preliminary 2 1. Short title 3 This is the Teacher Registration Act 2011. 4 2. Commencement 5 This Act comes into operation as follows -- 6 (a) sections 1 and 2 -- on the day on which this Act 7 receives the Royal Assent; 8 (b) the rest of the Act -- on a day fixed by proclamation, 9 and different days may be fixed for different provisions. 10 3. Terms used 11 In this Act -- 12 accredited initial teacher education programme means a 13 teacher education programme accredited under, or in a manner 14 described in, the regulations; 15 application means an application under Part 3 Division 1 16 Subdivision 1; 17 approved means approved in writing; 18 Board means the Teacher Registration Board of Western 19 Australia established by section 86; 20 CEO means the chief executive officer of the Department; 21 child care centre means a place where a child care service as 22 defined in the Child Care Services Act 2007 section 4 is 23 provided; 24 committee means a committee established by the Board under 25 this Act; 26 complainant, in relation to a complaint, means the person who 27 made the complaint, but does not include the Board; 28 complaint means a complaint made under Part 5; 29 condition includes a restriction; page 2 Teacher Registration Bill 2011 Preliminary Part 1 s. 3 1 criminal record check means information provided by the 2 Australian Federal Police, the Police Force of a State or 3 Territory or another country, or another body or agency 4 prescribed, regarding the criminal convictions of a person for 5 offences under the law of the Commonwealth, or of a State or 6 Territory, or of another country; 7 Department means the department of the Public Service 8 principally assisting the Minister in the administration of this 9 Act; 10 detention centre has the meaning given in the Young Offenders 11 Act 1994 section 3; 12 disciplinary committee means a committee established under 13 section 49; 14 educational programme means an organised set of learning 15 activities designed to enable a student to develop knowledge, 16 understanding, skills and attitudes relevant to the student's 17 individual needs; 18 educational venue means any of the following -- 19 (a) a school as defined in the School Education Act 1999 20 section 4; 21 (b) a kindergarten registered under the School Education 22 Act 1999 Part 5; 23 (c) a child care centre; 24 (d) a detention centre; 25 (e) any other place prescribed as an educational venue; 26 employer, in relation to a registered teacher, means the person 27 or entity who engaged, employed or appointed the teacher, or 28 gave the teacher permission to teach, in an educational venue; 29 impairment review committee means the committee established 30 under section 50; 31 inquiry means an inquiry under Part 5 Division 6 Subdivision 2; 32 interim disciplinary order means an order made under Part 5 33 Division 5; page 3 Teacher Registration Bill 2011 Part 1 Preliminary s. 3 1 lawyer means an Australian lawyer as defined in the Legal 2 Profession Act 2008 section 3; 3 medical practitioner means a person registered under the 4 Health Practitioner Regulation National Law (Western 5 Australia) in the medical profession; 6 nominee, in relation to limited registration, has the meaning 7 given in section 17; 8 prescribed means prescribed by regulation; 9 principal has the meaning given in the School Education 10 Act 1999 section 4; 11 professional standards means the professional standards 12 developed by the Board and approved by the Minister under 13 section 20; 14 register means the register kept under Part 3 Division 2; 15 registered teacher means a person who is registered under 16 Part 3; 17 registration means registration under Part 3 in one of the 18 following categories -- 19 (a) full registration; 20 (b) provisional registration; 21 (c) limited registration; 22 (d) non-practising registration; 23 sexual offence involving a child has the meaning given in 24 section 46; 25 student means a person to whom an educational programme is 26 being delivered; 27 teach means to undertake duties in an educational venue that 28 include -- 29 (a) the delivery of an educational programme designed to 30 implement a prescribed curriculum and the assessment 31 of student participation in such an educational 32 programme; or page 4 Teacher Registration Bill 2011 Preliminary Part 1 s. 4 1 (b) the administration of any such educational programme, 2 but does not include duties of the kind undertaken -- 3 (c) by a teacher's aide or a teacher's assistant, or by a 4 student teacher on practicum placement; or 5 (d) by a person employed or engaged to provide care at a 6 child care centre but who is not employed or engaged to 7 teach at that centre; or 8 (e) by an unpaid volunteer, unless the volunteer is 9 undertaking duties of a kind, or to an extent, prescribed 10 for the purposes of this paragraph; or 11 (f) by such persons, or in such circumstances, if any, as are 12 prescribed. 13 4. Crown bound 14 (1) This Act binds the State and, so far as the legislative power of 15 the Parliament permits, the Crown in all its other capacities. 16 (2) Nothing in this Act makes the State, or the Crown in any of its 17 other capacities, liable to be prosecuted for an offence. 18 5. Best interests of children paramount 19 A person or body with functions under this Act must, in the 20 performance of those functions, regard the best interests of 21 children as the paramount consideration. page 5 Teacher Registration Bill 2011 Part 2 Teaching by unregistered persons and related offences s. 6 1 Part 2 -- Teaching by unregistered persons and 2 related offences 3 6. Requirement to be registered 4 A person must not teach in an educational venue unless the 5 person is a registered teacher. 6 Penalty: 7 (a) for a first offence, a fine of $5 000; 8 (b) for a second or subsequent offence, a fine of $10 000. 9 7. Requirement to employ etc. teachers who are registered 10 (1) A person must not appoint, employ, engage or give permission 11 to another person to teach in an educational venue unless the 12 other person is a registered teacher. 13 (2) A person must not appoint, employ, engage or give permission 14 to a teacher to teach in an educational venue in contravention of 15 a condition to which the teacher's registration is subject. 16 Penalty: 17 (a) for a first offence, a fine of $5 000; 18 (b) for a second or subsequent offence, a fine of $10 000. 19 8. Registered teachers must comply with conditions of 20 registration 21 A registered teacher must not contravene a condition to which 22 the teacher's registration is subject. 23 Penalty: 24 (a) for a first offence, a fine of $5 000; 25 (b) for a second or subsequent offence, a fine of $10 000. 26 9. Pretending to be registered or entitled to teach 27 (1) A person who is not a registered teacher must not -- 28 (a) claim to be a registered teacher; or page 6 Teacher Registration Bill 2011 Teaching by unregistered persons and related offences Part 2 s. 9 1 (b) claim to be qualified or entitled to teach in an 2 educational venue. 3 (2) Without limiting subsection (1), a person who is not a registered 4 teacher must not -- 5 (a) take or use the title of registered teacher or any other 6 title calculated to induce a belief that the person is 7 registered under this Act; or 8 (b) claim to be registered, or hold himself or herself out as 9 being registered, under this Act; or 10 (c) claim to be entitled to practise as a teacher; or 11 (d) use a title that indicates, or could reasonably be 12 understood as indicating, that he or she is a registered 13 teacher or qualified or entitled to teach in an educational 14 venue. 15 (3) A registered teacher must not -- 16 (a) claim to be registered as a teacher in a category other 17 than the category that the person is registered in; or 18 (b) claim to be qualified or entitled to teach in an 19 educational venue in contravention of a condition to 20 which the teacher's registration is subject. 21 Penalty: 22 (a) for a first offence, a fine of $5 000; 23 (b) for a second or subsequent offence, a fine of $10 000. page 7 Teacher Registration Bill 2011 Part 3 Registration of teachers Division 1 Registration of teachers s. 10 1 Part 3 -- Registration of teachers 2 Division 1 -- Registration of teachers 3 Subdivision 1 -- Applications 4 10. Application for registration 5 (1) An application may be made to the Board for registration as a 6 teacher in one of the following categories -- 7 (a) full registration; 8 (b) provisional registration; 9 (c) limited registration; 10 (d) non-practising registration. 11 (2) An application is to -- 12 (a) be in writing in the form approved by the Board; and 13 (b) specify the category of registration applied for; and 14 (c) be accompanied by evidence that -- 15 (i) the applicant; or 16 (ii) if the application is for the grant of limited 17 registration, the nominee, 18 meets the requirements for the category of registration 19 applied for in accordance with Subdivision 2; and 20 (d) be accompanied by the written consent -- 21 (i) of the applicant; or 22 (ii) if the application is for the grant of limited 23 registration, the nominee, 24 for the Board to obtain a criminal record check in 25 respect of him or her; and 26 (e) be accompanied by the registration fee, if any, 27 prescribed. 28 (3) The fee referred to in subsection (2)(e) is not refundable. page 8 Teacher Registration Bill 2011 Registration of teachers Part 3 Registration of teachers Division 1 s. 11 1 11. Application for renewal of registration 2 (1) An application may be made to the Board for the renewal of 3 registration as a teacher. 4 (2) An application is to -- 5 (a) be in writing in the form approved by the Board; and 6 (b) specify the category of registration that the application is 7 in respect of; and 8 (c) be accompanied by the written consent -- 9 (i) of the applicant; or 10 (ii) if the application is for the renewal of limited 11 registration, the nominee, 12 for the Board to obtain a criminal record check in 13 respect of him or her; and 14 (d) be accompanied by the renewal fee, if any, prescribed. 15 (3) The fee referred to in subsection (2)(d) is not refundable. 16 12. Applicant for limited registration is employer 17 An application for the grant or renewal of limited registration 18 for a nominee is to be made by the person or entity, referred to 19 in section 17(a), who made the offer of a teaching position to 20 the nominee. 21 13. Information in support of application 22 (1) The Board may, in writing, request -- 23 (a) the applicant; or 24 (b) if the application is for the grant or renewal of limited 25 registration, the nominee, 26 to do any or all of the following -- 27 (c) provide the Board with such further information relevant 28 to the application as the Board requires; 29 (d) verify any further information by statutory declaration; page 9 Teacher Registration Bill 2011 Part 3 Registration of teachers Division 1 Registration of teachers s. 14 1 (e) provide the Board with the applicant's or nominee's 2 written consent to seek, from another person or body 3 specified by the Board, information about the applicant 4 or nominee relevant to the application. 5 (2) The Board may, in writing, request -- 6 (a) the applicant; or 7 (b) if the application is for the grant or renewal of limited 8 registration, the nominee, 9 to attend before the Board for the purpose of satisfying the 10 Board as to any matter relevant to the application. 11 (3) The Board may refuse an application if the applicant or nominee 12 does not comply with a request made under this section. 13 14. Board may refuse to consider some applications 14 The Board may refuse to consider, or consider further, an 15 application if -- 16 (a) it is not made in accordance with this Act; or 17 (b) a complaint has been made, and has not been finally 18 determined at the time the application is made, 19 against -- 20 (i) the applicant; or 21 (ii) if the application is for the grant or renewal of 22 limited registration, the nominee. 23 Subdivision 2 -- Requirements for registration 24 15. Full registration -- requirements 25 A person is eligible for full registration as a teacher if the 26 person -- 27 (a) has a teaching qualification -- 28 (i) from an accredited initial teacher education 29 programme; or page 10 Teacher Registration Bill 2011 Registration of teachers Part 3 Registration of teachers Division 1 s. 16 1 (ii) that the Board recognises as equivalent to such a 2 qualification; 3 and 4 (b) meets the professional standards approved by the Board 5 for full registration, or has done so within the previous 6 5 years; and 7 (c) is a fit and proper person to be a registered teacher; and 8 (d) has the English language skills, both written and oral, 9 prescribed as suitable for registration as a teacher. 10 16. Provisional registration -- requirements 11 A person is eligible for provisional registration as a teacher if 12 the person -- 13 (a) has a teaching qualification -- 14 (i) from an accredited initial teacher education 15 programme; or 16 (ii) that the Board recognises as equivalent to such a 17 qualification; 18 and 19 (b) meets the professional standards approved by the Board 20 for provisional registration, or has done so within the 21 previous 5 years; and 22 (c) is a fit and proper person to be a registered teacher; and 23 (d) has the English language skills, both written and oral, 24 prescribed as suitable for registration as a teacher. 25 17. Limited registration -- requirements 26 A person (the nominee) is eligible for limited registration as a 27 teacher if the nominee -- 28 (a) has been offered a teaching position in an educational 29 venue by a person or entity; and 30 (b) is a fit and proper person to be a registered teacher; and page 11 Teacher Registration Bill 2011 Part 3 Registration of teachers Division 1 Registration of teachers s. 18 1 (c) has the English language skills, both written and oral, 2 prescribed as suitable for limited registration as a 3 teacher; and 4 (d) meets any other requirements for limited registration as 5 are prescribed. 6 18. Non-practising registration -- requirements 7 A person is eligible for non-practising registration as a teacher 8 if -- 9 (a) the person -- 10 (i) does not intend to teach in an educational venue 11 for a period of time; and 12 (ii) holds full registration or provisional registration; 13 or 14 (b) the person intends to teach in an educational venue and 15 meets the requirements for -- 16 (i) full registration as set out in section 15, other 17 than the requirement regarding professional 18 standards set out in paragraph (b) of that section; 19 or 20 (ii) provisional registration as set out in section 16, 21 other than the requirement regarding professional 22 standards set out in paragraph (b) of that section. 23 19. Only natural persons may be registered as teachers 24 Registration as a teacher under this Act may be granted only to 25 a natural person. 26 20. Professional standards 27 (1) Professional standards are to be developed by the Board and 28 approved by the Minister. page 12 Teacher Registration Bill 2011 Registration of teachers Part 3 Registration of teachers Division 1 s. 21 1 (2) The purpose of the professional standards is to detail the 2 abilities, experience, knowledge or skills expected of registered 3 teachers. 4 (3) The professional standards may adopt the text of any code, 5 rules, specifications, standard or other document issued, 6 published or approved by another person or body. 7 (4) The text referred to in subsection (3) may be adopted -- 8 (a) wholly or in part or as modified by the professional 9 standards; and 10 (b) as it exists at a particular date or as amended from time 11 to time. 12 (5) The Board is to make the professional standards available for 13 inspection on a website maintained by the Board. 14 Subdivision 3 -- Registration 15 21. Grant of registration 16 (1) The Board may, on application under this Part, grant to -- 17 (a) the applicant; or 18 (b) if the application is for the grant or renewal of limited 19 registration, the nominee, 20 registration in a particular category if the Board is satisfied that 21 the applicant or nominee meets the requirements for registration 22 in that category. 23 (2) The Board cannot grant registration to a person whose 24 registration has been cancelled or suspended by -- 25 (a) an interim disciplinary order; or 26 (b) an order by the State Administrative Tribunal under 27 Part 5, 28 unless the Board has applied for, and obtained, the approval of 29 the State Administrative Tribunal to do so. page 13 Teacher Registration Bill 2011 Part 3 Registration of teachers Division 1 Registration of teachers s. 22 1 (3) Subsection (2) does not apply if the order specified that the 2 person was disqualified from applying for registration as a 3 teacher for a period of time and that period of time has expired. 4 22. Renewal of registration 5 (1) An application for the renewal of registration is to be made to 6 the Board at least 28 days before the expiry of the registration. 7 (2) The Board may renew the registration of a teacher if, on 8 application to the Board, the Board is satisfied of the 9 following -- 10 (a) that the teacher continues to meet the requirements for 11 registration set out in section 15, 16 or 17 as is relevant; 12 (b) that the teacher is complying with the conditions, if any, 13 imposed on the person's registration; 14 (c) that the teacher has met such other requirements for the 15 renewal of registration, if any, as are prescribed in 16 respect of the relevant category of registration. 17 (3) The Board may renew provisional registration only if, in the 18 opinion of the Board, there are exceptional circumstances for 19 doing so. 20 23. Duration of registration 21 (1) The period of full registration is 5 years from the day that 22 registration is granted or renewed. 23 (2) The period of provisional registration or limited registration is 24 3 years, or such shorter period as is approved by the Board, 25 from the day that registration is granted or renewed. 26 (3) However, if a person who intends to make an application for a 27 grant of limited registration -- 28 (a) gives notice to the Board in the form prescribed of that 29 intention; and 30 (b) makes an application for limited registration within 31 5 days after giving that notice to the Board, page 14 Teacher Registration Bill 2011 Registration of teachers Part 3 Registration of teachers Division 1 s. 24 1 then the limited registration is to be taken to have been granted 2 on the day on which that notice was given to the Board. 3 (4) Registration expires -- 4 (a) at the end of the period of the registration; or 5 (b) if an application for the grant of limited registration is 6 refused, and subsection (3) applies, on the day on which 7 notice of that decision is given to the applicant and the 8 nominee under section 29. 9 (5) However, if an application for renewal of registration is made in 10 accordance with section 22(1), the registration is taken to 11 continue until the application is decided. 12 24. Who is a fit and proper person 13 In determining whether a person is a fit and proper person to be 14 registered, the Board is to have regard to the following -- 15 (a) the person's history of compliance with -- 16 (i) this Act; or 17 (ii) a law of another State or a Territory or 18 New Zealand that deals with the registration of 19 teachers (however described); 20 (b) any decision under this Act or a law referred to in 21 paragraph (a)(ii) to refuse, refuse to renew, suspend or 22 cancel a licence, approval, registration, certification or 23 other authorisation (however described) granted to the 24 person under such an Act or law; 25 (c) the criminal history of the person; 26 (d) any behaviour of the person that -- 27 (i) does not satisfy a standard of behaviour 28 generally expected of a teacher; or 29 (ii) shows that the person is not of good character; page 15 Teacher Registration Bill 2011 Part 3 Registration of teachers Division 1 Registration of teachers s. 25 1 (e) whether the person has contravened -- 2 (i) an order of the Board, a disciplinary committee 3 or the State Administrative Tribunal under 4 Part 5; or 5 (ii) an order of a disciplinary body or of a court or 6 tribunal of another jurisdiction exercising 7 jurisdiction or powers by way of appeal or 8 review of an order of a disciplinary body that 9 deals with the registration of teachers (however 10 described); 11 (f) without limiting any other paragraph, whether the 12 person has failed to pay any costs, expenses or fines for 13 which the person is liable under this Act; 14 (g) any other matters relating to the person that the Board 15 considers are appropriate. 16 Subdivision 4 -- Conditions and cancellation 17 25. Conditions generally 18 (1) Registration of a teacher is subject to any condition -- 19 (a) imposed by the Board under section 26; or 20 (b) to which the registration is subject under this Act; or 21 (c) imposed by order made under Part 5. 22 (2) The regulations may provide for conditions of registration. 23 26. Conditions imposed by the Board 24 (1) The Board may impose conditions on the registration of a 25 teacher -- 26 (a) when granting or renewing the registration; or 27 (b) during the currency of the registration. 28 (2) The Board may at any time, on the application of a registered 29 teacher or on its own initiative, on reasonable grounds, modify 30 or cancel a condition on a teacher's registration. page 16 Teacher Registration Bill 2011 Registration of teachers Part 3 Registration of teachers Division 1 s. 27 1 (3) Conditions imposed or modified by the Board under this section 2 must be reasonable and relevant to ensuring the professional, 3 competent and safe practice of teaching by the registered 4 teacher. 5 (4) The Board must not exercise its power under this section to 6 modify or cancel a condition imposed or modified by the State 7 Administrative Tribunal without the consent of the Tribunal. 8 (5) A condition imposed by the Board may apply indefinitely or for 9 a specified period of time. 10 (6) A decision to impose, modify or cancel a condition on a 11 teacher's registration made during the currency of the 12 registration takes effect -- 13 (a) on the day on which notice of the decision is given to 14 the teacher under section 29; or 15 (b) on a later day specified in the notice. 16 27. Cancellation of registration by Board 17 (1) The Board is to cancel the registration of a teacher as soon as 18 possible after the Board becomes aware that the teacher is not 19 entitled to be registered. 20 (2) A teacher is not entitled to be registered if -- 21 (a) the teacher has been convicted or found guilty of a 22 sexual offence involving a child; or 23 (b) a negative notice or an interim negative notice has been 24 issued to the teacher under the Working with Children 25 (Criminal Record Checking) Act 2004; or 26 (c) the teacher has failed to give to the Board the teacher's 27 written consent for the Board to obtain a criminal record 28 check in accordance with a notice under section 43; or 29 (d) a qualification that enabled the teacher to gain 30 registration has been withdrawn or cancelled by the 31 body that conferred the qualification; or page 17 Teacher Registration Bill 2011 Part 3 Registration of teachers Division 1 Registration of teachers s. 28 1 (e) a qualification that enabled the teacher to gain 2 registration was forged or fraudulently obtained; or 3 (f) the teacher is in arrears in respect of fees due and 4 payable under this Act. 5 (3) However, the registration of a teacher must not be cancelled 6 under this section, or if the registration has been cancelled must 7 be reinstated by the Board, if -- 8 (a) where subsection (2)(a) applies, the Board becomes 9 aware that a relevant conviction or finding in respect of 10 that teacher has been quashed or overturned on appeal; 11 or 12 (b) where subsection (2)(b) applies, the Board becomes 13 aware that an interim negative notice or a negative 14 notice has been cancelled under the Working with 15 Children (Criminal Record Checking) Act 2004 in 16 respect of that teacher; or 17 (c) where subsection (2)(c) or (f) applies, the Board is of the 18 opinion that there are extenuating circumstances. 19 (4) Subsection (2) continues to apply in respect of a person 20 during -- 21 (a) an appeal from a conviction or finding relevant to 22 subsection (2)(a); or 23 (b) a review of a decision to issue, or to refuse to cancel, a 24 negative notice referred to in subsection (2)(b). 25 (5) The cancellation or reinstatement of a teacher's registration 26 under this section takes effect -- 27 (a) on the day on which notice of the cancellation or 28 reinstatement is given to the teacher; or 29 (b) on a later day specified in the notice. 30 28. Cancellation of registration at teacher's request 31 The Board is to cancel the registration of a teacher at the written 32 request of the teacher. page 18 Teacher Registration Bill 2011 Registration of teachers Part 3 Registration of teachers Division 1 s. 29 1 Subdivision 5 -- Notice of decisions and opportunity to show cause 2 why some decisions should not be made 3 29. Notice of decisions on registration to be given 4 (1) The Board is to give written notice of the outcome of an 5 application no later than 14 days after deciding on the outcome 6 of the application to -- 7 (a) the applicant; and 8 (b) if the application was in respect of limited registration, 9 the nominee. 10 (2) If an application for registration, or the renewal of registration, 11 is granted the notice is to contain the following -- 12 (a) the category of registration; 13 (b) the period of the registration; 14 (c) the person's registration number; 15 (d) any conditions imposed on the registration; 16 (e) if a condition has been imposed -- 17 (i) the reasons for the imposition of the condition; 18 and 19 (ii) a statement that the applicant may have a right to 20 a review under section 124. 21 (3) If an application for registration, or renewal of registration, is 22 refused the notice is to contain -- 23 (a) the reasons why it has been refused; and 24 (b) a statement that the applicant may have a right to a 25 review under section 124. 26 30. Notice of decision to impose, modify or cancel a condition 27 made during the currency of the registration 28 (1) The Board is to give written notice of a decision under 29 section 26 to impose, modify or cancel a condition on a page 19 Teacher Registration Bill 2011 Part 3 Registration of teachers Division 1 Registration of teachers s. 31 1 teacher's registration during the currency of the registration no 2 later than 14 days after making the decision to -- 3 (a) the teacher; and 4 (b) if the teacher holds limited registration, the employer of 5 the teacher. 6 (2) The notice is to contain -- 7 (a) the reasons for the decision; and 8 (b) a statement that the teacher and the employer may have 9 a right to a review under section 124. 10 31. Notice of cancellation or reinstatement of registration to be 11 given 12 (1) The Board is to give written notice of the cancellation or 13 reinstatement of the person's registration under section 27 no 14 later than 14 days after making the decision to cancel or 15 reinstate the registration to -- 16 (a) the person whose registration is cancelled or reinstated; 17 and 18 (b) if the person holds, or held, limited registration, the 19 employer of that person. 20 (2) The notice is to contain -- 21 (a) a reference to the provision of this Act under which the 22 registration was cancelled or reinstated; and 23 (b) the reasons for the cancellation or reinstatement of the 24 registration; and 25 (c) if the notice is about the cancellation of registration, a 26 statement that the person whose registration is cancelled 27 may have a right to a review under section 124. page 20 Teacher Registration Bill 2011 Registration of teachers Part 3 Registration of teachers Division 1 s. 32 1 32. Board to give reasonable opportunity to show cause why 2 some decisions should not be made 3 (1) Before making any of the following decisions the Board is to 4 give the applicant a reasonable opportunity to show cause why 5 the decision should not be made -- 6 (a) the refusal of an application; 7 (b) the granting of an application subject to a condition. 8 (2) Before making a decision under section 26 to impose, modify or 9 cancel a condition on a teacher's registration during the 10 currency of the registration, the Board is to give a reasonable 11 opportunity to show cause why the decision should not be made 12 to -- 13 (a) the teacher whose registration will be affected; and 14 (b) if the teacher holds limited registration, to the employer 15 of the teacher. 16 Subdivision 6 -- General provisions 17 33. Effect of cancellation of registration 18 If a person's registration is cancelled under this Act the person's 19 name is to be removed from the register. 20 34. Effect of suspension of registration 21 A teacher whose registration is suspended is to be taken not to 22 be registered as a teacher for the period of the suspension, other 23 than for the purposes of Part 4. 24 35. Annual fees 25 Each registered teacher is to pay to the Board the annual fee, if 26 any, prescribed. page 21 Teacher Registration Bill 2011 Part 3 Registration of teachers Division 2 The register s. 36 1 Division 2 -- The register 2 36. Register of teachers to be kept 3 (1) The Board is required to keep an accurate and up to date register 4 that records the following information in respect of each 5 registered teacher -- 6 (a) the person's name; 7 (b) the category of registration that the person holds; 8 (c) the person's registration number; 9 (d) the date of commencement of the person's registration; 10 (e) any other information prescribed. 11 (2) The register may be kept in any way the Board thinks 12 appropriate, including by electronic means. 13 37. Inspection of register 14 (1) In this section -- 15 register information (professional) means all of the information 16 on the register; 17 register information (public) means the information on the 18 register other than the information prescribed under 19 section 36(1)(e). 20 (2) Information on the register is to be made available for 21 inspection in accordance with this section in any way the Board 22 thinks appropriate, including on a website maintained by the 23 Board. 24 (3) Register information (professional) is to be made available for 25 inspection, in accordance with subsection (2), by any of the 26 following persons, as the Board thinks appropriate -- 27 (a) registered teachers, employers of registered teachers and 28 principals; 29 (b) such other persons, if any, as are prescribed. page 22 Teacher Registration Bill 2011 Registration of teachers Part 3 The register Division 2 s. 37 1 (4) Register information (public) is to be made available for 2 inspection, in accordance with subsection (2), by members of 3 the public during normal office hours. 4 (5) A person to whom register information may be made available 5 for inspection under this section may, on application to the 6 Board and payment of the fee prescribed, if any, obtain a 7 certified copy of all or some of that information. page 23 Teacher Registration Bill 2011 Part 4 Board to be given notice, and may obtain criminal record checks, in some circumstances Division 1 Notices to be given s. 38 1 Part 4 -- Board to be given notice, and may obtain 2 criminal record checks, in some circumstances 3 Division 1 -- Notices to be given 4 Subdivision 1 -- Notices to be given by registered teachers 5 38. Notice about legal actions 6 (1) A registered teacher must give written notice to the Board if -- 7 (a) the teacher, or a person who is or was an employer of 8 the teacher, is ordered to pay damages or compensation 9 as a result of civil proceedings arising out of the practice 10 of teaching by the teacher, or arising from events which 11 occurred while the teacher was engaged in teaching; or 12 (b) the teacher is convicted of an offence the statutory 13 penalty for which is, or includes, imprisonment. 14 (2) The notice is to be given no later than 30 days after the order is 15 made or judgment of conviction entered and is to set out the 16 details of the order or conviction. 17 Penalty: a fine of $5 000. 18 39. Notice about loss of qualifications 19 (1) A registered teacher must give written notice to the Board if a 20 qualification that enabled the teacher to gain registration is 21 withdrawn or cancelled by the body that conferred the 22 qualification. 23 (2) The notice is to be given no later than 30 days after the 24 withdrawal or cancellation. 25 Penalty: a fine of $5 000. 26 40. Notice about working with children notices and assessments 27 (1) A registered teacher must give written notice to the Board if an 28 interim negative notice or a negative notice is issued to the page 24 Teacher Registration Bill 2011 Board to be given notice, and may obtain criminal record Part 4 checks, in some circumstances Notices to be given Division 1 s. 41 1 person, under the Working with Children (Criminal Record 2 Checking) Act 2004. 3 (2) The notice is to be given no later than 14 days after the interim 4 negative notice or the negative notice is issued. 5 Penalty: a fine of $5 000. 6 Subdivision 2 -- Notices to be given by other persons 7 41. Notice to be given by DPP or Commissioner of Police about 8 committal, conviction etc. of registered teacher 9 (1) The Director of Public Prosecutions, or where the matter is 10 conducted by a police prosecutor, the Commissioner of Police, 11 is, where practicable, to give written notice to the Board if he or 12 she becomes aware that any of the following situations exist or 13 believes, on reasonable grounds, that any of the following 14 situations exist -- 15 (a) a registered teacher is charged with, or committed for 16 trial or sentence before any court for, a sexual offence 17 involving a child; 18 (b) a registered teacher is convicted or found guilty of an 19 indictable offence in this State; 20 (c) in the case of a charge referred to in paragraph (a), the 21 prosecution of the charge is discontinued or does not 22 result in a committal for trial or sentence, or there is an 23 acquittal or mistrial; 24 (d) in the case of a committal referred to in paragraph (a), 25 there is an acquittal or mistrial or the prosecution of the 26 charge is discontinued. 27 (2) The notice is to be given as soon as is practicable after the 28 person under a duty to give the notice becomes aware, or forms 29 the belief, that the relevant situation exists. page 25 Teacher Registration Bill 2011 Part 4 Board to be given notice, and may obtain criminal record checks, in some circumstances Division 2 Criminal record checks s. 42 1 42. Notice to be given by employer about suspension, dismissal 2 or resignation of registered teacher 3 (1) An employer of a registered teacher at an educational venue is 4 to give written notice to the Board of any investigation -- 5 (a) into the conduct of a registered teacher who teaches, or 6 taught, at the educational venue; and 7 (b) that was held because, in the opinion of the employer, 8 there was reason to believe that the teacher -- 9 (i) has been seriously incompetent as a teacher; or 10 (ii) had engaged in serious misconduct, 11 if, as a result of that investigation -- 12 (c) the teacher has been suspended or dismissed from 13 teaching at the educational venue; or 14 (d) the teacher has resigned or no longer teaches at the 15 educational venue. 16 (2) The notice is to be given within 30 days after the teacher was 17 suspended, dismissed or ceased teaching at the educational 18 venue. 19 Penalty: a fine of $5 000. 20 Division 2 -- Criminal record checks 21 43. Board may request consent to obtain a criminal record 22 check 23 (1) The Board may give written notice to a registered teacher 24 requesting that the teacher provide written consent for the Board 25 to obtain a criminal record check in respect of the teacher. 26 (2) Notice to a teacher under subsection (1) is to state that the 27 consent is to be given to the Board within 14 days of the notice 28 being given, or such later time as is specified in the notice. page 26 Teacher Registration Bill 2011 Board to be given notice, and may obtain criminal record Part 4 checks, in some circumstances Board to consider notices and criminal record checks received Division 3 s. 44 1 44. Criminal record check 2 The Board may obtain a criminal record check for a person who 3 has given written consent for the Board to do so. 4 Division 3 -- Board to consider notices and criminal record 5 checks received 6 45. Action to be taken by Board on receiving a notification or 7 criminal record check 8 As soon as is possible after receiving -- 9 (a) a notification about a person under Division 1; or 10 (b) a criminal record check in respect of a person, 11 the Board is to consider the information in that notice or 12 criminal record check, and any other information it considers 13 relevant, and decide if it is necessary to do any of the 14 following -- 15 (c) cancel the person's registration under section 27; 16 (d) make an interim disciplinary order; 17 (e) formulate a complaint; 18 (f) if the person is teaching in an educational venue, advise 19 the person's employer of the information contained in 20 the notice or criminal record check. page 27 Teacher Registration Bill 2011 Part 5 Disciplinary and impairment matters Division 1 Preliminary s. 46 1 Part 5 -- Disciplinary and impairment matters 2 Division 1 -- Preliminary 3 46. Terms used 4 In this Part -- 5 child means a person who has not attained the age of 18 years; 6 child sex offender has the meaning given in The Criminal Code 7 section 557K; 8 disciplinary matter means a matter referred to in section 47; 9 impairment means -- 10 (a) mental disability; or 11 (b) injury; or 12 (c) physical illness; 13 impairment matter means a matter referred to in section 48; 14 sexual offence means any of the following offences -- 15 (a) an offence under The Criminal Code Part V 16 Chapter XXXI; 17 (b) any other offence prescribed for the purposes of this 18 definition; 19 (c) an offence of attempting to commit an offence referred 20 to in paragraph (a) or (b); 21 (d) an offence against a law of a jurisdiction other than 22 Western Australia that is substantially similar to an 23 offence referred to in paragraph (a), (b) or (c); 24 sexual offence involving a child, means -- 25 (a) an offence that, on conviction, would result in the 26 person charged being a child sex offender; or 27 (b) a sexual offence committed against or in respect of a 28 child; or 29 (c) a sexual offence committed when a child was present, or 30 within sight of a child; or page 28 Teacher Registration Bill 2011 Disciplinary and impairment matters Part 5 Preliminary Division 1 s. 47 1 (d) an offence the commission of which used or involved 2 material the production of which involved a sexual 3 offence against or in respect of a child; 4 teacher means a person the subject of a complaint. 5 47. Disciplinary matters 6 The following are disciplinary matters -- 7 (a) that a teacher has been charged with a sexual offence 8 involving a child; 9 (b) that a teacher has contravened this Act; 10 (c) that a teacher has contravened a condition imposed on 11 his or her registration; 12 (d) that a teacher has contravened an order made under this 13 Part; 14 (e) that a teacher has been convicted of an offence the 15 nature of which renders him or her unfit to be registered; 16 (f) that a teacher has -- 17 (i) been seriously incompetent as a teacher; or 18 (ii) engaged in serious misconduct the nature of 19 which renders the person unfit to be registered; 20 or 21 (iii) failed to comply with an undertaking given to the 22 Board under this Act. 23 48. Impairment matters 24 The following are impairment matters -- 25 (a) that a registered teacher is affected by his or her use of 26 or dependence on alcohol or a drug to such an extent 27 that his or her ability to practise as a teacher is or is 28 likely to be affected; 29 (b) that a registered teacher suffers from an impairment to 30 such an extent that the ability of the person to practise as 31 a teacher is or is likely to be affected. page 29 Teacher Registration Bill 2011 Part 5 Disciplinary and impairment matters Division 2 Disciplinary committee and impairment review committee s. 49 1 Division 2 -- Disciplinary committee and impairment review 2 committee 3 49. Disciplinary committee 4 (1) The Board is to establish one or more committees to be known 5 as disciplinary committees. 6 (2) The Board may discharge or alter any disciplinary committee it 7 has established. 8 (3) A disciplinary committee is to consist of the following 9 3 persons appointed in writing by the Board, from time to 10 time -- 11 (a) a registered teacher; 12 (b) a lawyer; 13 (c) such other person as the Board considers appropriate. 14 (4) Each member of a disciplinary committee is to be a natural 15 person. 16 (5) A disciplinary committee may include people who are not 17 members of the Board but must include at least one member of 18 the Board. 19 (6) The Board is to appoint a member of a disciplinary committee 20 to be the committee's chairperson. 21 (7) A disciplinary committee is to submit an annual report to the 22 Board as soon as is practicable after 30 June in each year in 23 respect of the functions performed by the committee during the 24 year that ended on that day. 25 (8) A notice or order authorised by this Act to be given or made by 26 a disciplinary committee is taken to have been given or made by 27 the committee if it is signed on behalf of the committee -- 28 (a) by the chairperson of the committee; or 29 (b) by some other person authorised by the committee to 30 sign the notice or order. page 30 Teacher Registration Bill 2011 Disciplinary and impairment matters Part 5 Disciplinary committee and impairment review committee Division 2 s. 50 1 (9) A disciplinary committee may determine its own procedures, 2 but they must be consistent with the terms of any delegation 3 under which the committee is acting. 4 50. Impairment review committee 5 (1) The Board is to establish a committee to be known as the 6 impairment review committee. 7 (2) The Board may discharge or alter any impairment review 8 committee it has established. 9 (3) The impairment review committee is to consist of the following 10 3 persons appointed in writing by the Board, from time to 11 time -- 12 (a) a registered teacher; 13 (b) a medical practitioner; 14 (c) such other person as the Board considers appropriate. 15 (4) Each member of the impairment review committee is to be a 16 natural person. 17 (5) The impairment review committee may include people who are 18 not members of the Board but must include at least one member 19 of the Board. 20 (6) The Board is to appoint a member of the impairment review 21 committee to be the committee's chairperson. 22 (7) The impairment review committee is to submit an annual report 23 to the Board as soon as is practicable after 30 June in each year 24 in respect of the functions performed by the committee during 25 the year that ended on that day. 26 (8) A notice, order or appointment authorised by this Act to be 27 given or made by the impairment review committee is taken to 28 have been given or made by the committee if it is signed on 29 behalf of the committee -- 30 (a) by the chairperson of the committee; or page 31 Teacher Registration Bill 2011 Part 5 Disciplinary and impairment matters Division 3 Complaints about teachers s. 51 1 (b) by some other person authorised by the committee to 2 sign the notice, order or appointment. 3 (9) The impairment review committee may determine its own 4 procedures but they must be consistent with the terms of any 5 delegation under which the committee is acting. 6 Division 3 -- Complaints about teachers 7 51. Making a complaint 8 (1) A complaint may be made to the Board about the conduct of -- 9 (a) a registered teacher; or 10 (b) a person who was a registered teacher at the time that 11 the matter the subject of the complaint occurred or 12 allegedly occurred. 13 (2) A complaint should be made in writing, but the Board may 14 formulate in writing any oral complaint received. 15 (3) A complaint may be made by the Board formulating a 16 complaint based on -- 17 (a) a notification about a person under Part 4 Division 1; or 18 (b) a criminal record check in respect of a person; or 19 (c) any other information received by the Board. 20 52. Teacher to be notified of complaint 21 (1) The Board is to give written notice to the teacher that a 22 complaint has been made about the teacher as soon as is 23 possible after the complaint is made. 24 (2) The notice is to set out the following -- 25 (a) the nature of the complaint; 26 (b) the identity of the complainant; 27 (c) a brief summary of the effect of this Part. page 32 Teacher Registration Bill 2011 Disciplinary and impairment matters Part 5 Assessment, investigation and referral of complaints Division 4 s. 53 1 (3) Subsection (1) does not apply if the Board is of the opinion that 2 giving the notice will or is likely to -- 3 (a) prejudice the investigation of the complaint; or 4 (b) prejudice an investigation by the police or other 5 investigatory or law enforcement body of any matter 6 with which the complaint is concerned; or 7 (c) place the complainant or another person at risk of 8 intimidation or harassment; or 9 (d) prejudice pending court proceedings. 10 (4) In a case to which subsection (3) applies, the Board -- 11 (a) may postpone giving the teacher notice of the complaint 12 until it is of the opinion that it is appropriate to do so; or 13 (b) may in its discretion give the teacher a notice setting 14 out -- 15 (i) the general nature of the complaint; and 16 (ii) a brief summary of the effect of this Part. 17 (5) Nothing in this section requires the Board to give notice under 18 this section to the teacher until the Board has had time to assess 19 the complaint, seek further information about the complaint 20 from the complainant or another person or otherwise undertake 21 preliminary inquiries into the complaint, and properly prepare 22 the notice. 23 Division 4 -- Assessment, investigation and referral of 24 complaints 25 53. Assessment, investigation and referral by Board 26 (1) The Board is to deal with a complaint in one of the following 27 ways -- 28 (a) reject the complaint under section 57; 29 (b) make an interim disciplinary order; page 33 Teacher Registration Bill 2011 Part 5 Disciplinary and impairment matters Division 4 Assessment, investigation and referral of complaints s. 54 1 (c) refer the complaint, together with a report under 2 section 54, to a disciplinary committee to deal with 3 under Division 6; 4 (d) if the complaint is in respect of a registered teacher, 5 refer the complaint, together with a report under 6 section 54, to the impairment review committee to deal 7 with under Division 7; 8 (e) refer the complaint to the State Administrative Tribunal. 9 (2) Before dealing with a complaint under subsection (1) the Board 10 may make such assessments and investigations as it considers 11 appropriate. 12 (3) Notice of a decision under this section is to be given in 13 accordance with section 85. 14 54. Board to provide report to committee 15 When referring a complaint to a committee under 16 section 53(1)(c) or (d), the Board is to provide a report outlining 17 its assessment and investigation of the complaint. 18 55. Committee may request Board to undertake further 19 investigations or recommend that the complaint be referred 20 elsewhere 21 A committee to which the Board has referred a complaint under 22 section 53(1)(c) or (d) may, at any time while dealing with the 23 complaint, do any of the following -- 24 (a) request the Board to undertake further investigation of 25 the complaint; 26 (b) recommend to the Board that the complaint be referred 27 to another committee established under this Part; 28 (c) recommend to the Board that the complaint be referred 29 to the State Administrative Tribunal. page 34 Teacher Registration Bill 2011 Disciplinary and impairment matters Part 5 Assessment, investigation and referral of complaints Division 4 s. 56 1 56. Board's powers of investigation 2 (1) For the purposes of conducting an investigation the Board 3 may -- 4 (a) by written notice given to a person require the 5 attendance of the person as a witness at a time and place 6 specified in the notice to give evidence; or 7 (b) by written notice given to a person require the person to 8 produce any document or other thing that is in the 9 possession or under the control of the person and is 10 relevant to the matter before the Board; or 11 (c) inspect a document or other thing produced before it. 12 (2) The Board may -- 13 (a) inspect a document or other thing produced and retain it 14 for such reasonable period as it thinks fit; and 15 (b) make copies of, photograph and take extracts from, the 16 document or any of its contents. 17 57. Inappropriate and trivial complaints 18 (1) The Board may reject a complaint if the Board is of the opinion 19 that the complaint -- 20 (a) is in respect of a matter that could more appropriately be 21 dealt with by another person or authority; or 22 (b) is in respect of a matter that is not within the power of 23 the Board, a disciplinary committee or the impairment 24 review committee to deal with under this Act; or 25 (c) is vexatious, trivial, unreasonable or without substance. 26 (2) Notice of a decision under this section is to be given in 27 accordance with section 85. page 35 Teacher Registration Bill 2011 Part 5 Disciplinary and impairment matters Division 5 Interim disciplinary orders s. 58 1 Division 5 -- Interim disciplinary orders 2 58. Interim disciplinary orders generally 3 (1) The Board or a disciplinary committee may make an interim 4 disciplinary order in respect of a matter under this Division even 5 if a disciplinary committee or the impairment review committee 6 is already dealing with a complaint -- 7 (a) that deals with the same matter; or 8 (b) that includes elements of the same matter. 9 (2) Unless section 83(2) applies, an interim disciplinary order 10 cannot have effect for more than 30 days. 11 (3) The Board or a disciplinary committee may vary or revoke an 12 interim disciplinary order unless the matter in respect of which 13 the order was made has been referred to the State 14 Administrative Tribunal. 15 (4) Notice of an interim disciplinary order is to be given in 16 accordance with section 85. 17 (5) An interim disciplinary order takes effect -- 18 (a) on the day -- 19 (i) on which notice of the order is given to the 20 person who is bound by the order; or 21 (ii) on a later day specified in the order; 22 and 23 (b) whether or not the person to whom it is given has had an 24 opportunity to make representations to the Board. 25 59. Interim disciplinary orders may be made where risk of 26 injury or harm 27 If the Board or a disciplinary committee is of the opinion that an 28 activity of a registered teacher involves, or will involve, a risk 29 of imminent injury or harm to the physical or mental health of page 36 Teacher Registration Bill 2011 Disciplinary and impairment matters Part 5 Interim disciplinary orders Division 5 s. 60 1 any person the Board or the committee may make one of the 2 following orders -- 3 (a) an order imposing a condition, or conditions, on the 4 registration of the teacher; 5 (b) an order suspending the person's registration. 6 60. Interim disciplinary order may be made if teacher charged 7 with sexual offence involving a child 8 If the Board or a disciplinary committee becomes aware that a 9 registered teacher has been charged with a sexual offence 10 involving a child the Board or the committee may make one of 11 the following orders -- 12 (a) an order imposing a condition, or conditions, on the 13 registration of the teacher; 14 (b) an order suspending the person's registration. 15 61. Interim disciplinary orders to be referred to the State 16 Administrative Tribunal 17 (1) Within 14 days of the making of an interim disciplinary order 18 the Board is to -- 19 (a) refer the matter in respect of which the order was made 20 to the State Administrative Tribunal; and 21 (b) order that any other proceedings under this Part in 22 respect of the matter commenced before the making of 23 the order be discontinued. 24 (2) Subsection (1) does not apply if the order is revoked under 25 section 58(3). 26 (3) On a referral made under subsection (1) the State 27 Administrative Tribunal may, in addition to any other order it 28 may make, affirm or revoke an interim disciplinary order or 29 vary the order by extending the period for which it applies or in 30 any other respect. page 37 Teacher Registration Bill 2011 Part 5 Disciplinary and impairment matters Division 6 Role of disciplinary committee s. 62 1 Division 6 -- Role of disciplinary committee 2 Subdivision 1 -- Initial assessment of complaints 3 62. Initial assessment and decision of disciplinary committee on 4 complaint 5 (1) A disciplinary committee is to make a preliminary assessment 6 of a complaint referred to it by the Board and is to deal with the 7 complaint in one of the following ways -- 8 (a) dismiss the complaint; 9 (b) make an interim disciplinary order; 10 (c) with the consent of the teacher, deal with the complaint 11 under Subdivision 2; 12 (d) make a request or recommendation to the Board under 13 section 55; 14 (e) if the matter the subject of the complaint is before 15 another person or body or the subject of proceedings, 16 postpone consideration of the complaint pending the 17 outcome of any investigation, hearing or proceedings; 18 (f) with the consent of another person, organisation or 19 agency that, in the opinion of the committee, could deal 20 more appropriately with the subject matter of the 21 complaint, refer the complaint to that person, 22 organisation or agency. 23 (2) Notice of a decision under this section is to be given in 24 accordance with section 85. 25 Subdivision 2 -- Inquiries 26 63. Disciplinary committee to deal with certain complaints 27 This Subdivision applies if -- 28 (a) a disciplinary committee considers that a disciplinary 29 matter may exist in relation to a teacher; and page 38 Teacher Registration Bill 2011 Disciplinary and impairment matters Part 5 Role of disciplinary committee Division 6 s. 64 1 (b) the teacher consents in writing to a disciplinary 2 committee conducting an inquiry under this Subdivision. 3 64. Inquiry -- procedure and evidence 4 In carrying out an inquiry, a disciplinary committee -- 5 (a) must proceed with as little formality and technicality 6 and as speedily as the requirements of this Act and a 7 proper hearing of the matter permit; and 8 (b) is not bound by the rules of evidence and may inform 9 itself on any matter as it thinks fit; and 10 (c) may, subject to this Act and the rules of procedural 11 fairness, determine its own procedures. 12 65. Rights of teacher as to evidence and witnesses 13 (1) In conducting an inquiry, a disciplinary committee is to give the 14 teacher an opportunity to -- 15 (a) call and give evidence; and 16 (b) examine and cross-examine witnesses; and 17 (c) make submissions. 18 (2) Subsection (1) does not apply if -- 19 (a) the disciplinary committee has adopted any findings, 20 decision, judgment or reasons for judgment under 21 section 66; and 22 (b) the teacher has been given the opportunities referred to 23 in subsection (1) by a court, tribunal or other body 24 referred to in that section. 25 66. Evidence and findings in other proceedings 26 For the purposes of an inquiry a disciplinary committee may, as 27 it considers proper -- 28 (a) receive in evidence any transcript of evidence taken in 29 any proceedings; or page 39 Teacher Registration Bill 2011 Part 5 Disciplinary and impairment matters Division 6 Role of disciplinary committee s. 67 1 (b) adopt any findings, decision, judgment or reasons for 2 judgment, 3 of a court, tribunal or other body constituted under the law of 4 Western Australia or any other place and draw such conclusions 5 of fact from those as it considers proper. 6 67. Representation at inquiry 7 (1) A party to an inquiry may -- 8 (a) appear before the inquiry in person; or 9 (b) with the leave of a disciplinary committee, be 10 represented by another person. 11 (2) A person who is not an Australian legal practitioner, within the 12 meaning of that term in the Legal Profession Act 2008 section 3, 13 does not breach that Act, or any other Act merely by -- 14 (a) representing a party before an inquiry; or 15 (b) providing advice and other services for the purpose of 16 acting for a party in connection with an inquiry. 17 68. Powers of inquiry 18 (1) For the purposes of conducting an inquiry a disciplinary 19 committee may do one or more of the following -- 20 (a) by written notice given to a registered teacher require -- 21 (i) the attendance of the teacher as a witness at a 22 time and place specified in the notice to give 23 evidence; 24 (ii) the teacher to produce any document or other 25 thing that is in the possession or under the 26 control of the teacher and is relevant to the 27 matter before the disciplinary committee; page 40 Teacher Registration Bill 2011 Disciplinary and impairment matters Part 5 Role of disciplinary committee Division 6 s. 69 1 (b) by written notice given to a person who is not a 2 registered teacher request -- 3 (i) the attendance of the person as a witness at a 4 time and place specified in the notice to give 5 evidence; 6 (ii) the person to produce any document or other 7 thing that is in the possession or under the 8 control of the person and is relevant to the matter 9 before the disciplinary committee; 10 (c) examine witnesses on oath or affirmation; 11 (d) inspect a document or other thing produced before it. 12 (2) A disciplinary committee may -- 13 (a) require a person who appears before the inquiry to take 14 an oath or make an affirmation; and 15 (b) authorise a member of the committee to administer an 16 oath or affirmation to the person. 17 (3) A disciplinary committee may -- 18 (a) inspect a document or other thing produced and retain it 19 for such reasonable period as it thinks fit; and 20 (b) make copies of, photograph and take extracts from, the 21 document or any of its contents. 22 69. Record of inquiry 23 (1) A disciplinary committee is to ensure that a record is kept of an 24 inquiry conducted by the committee. 25 (2) The teacher is entitled to a copy of the record of the inquiry if 26 he or she so requests and on payment of any costs incurred by 27 the Board in making a copy of the record. page 41 Teacher Registration Bill 2011 Part 5 Disciplinary and impairment matters Division 6 Role of disciplinary committee s. 70 1 70. Decision of disciplinary committee after inquiry 2 (1) After an inquiry on a complaint is completed, a disciplinary 3 committee is to deal with the complaint in one or more of the 4 following ways -- 5 (a) dismiss the complaint; 6 (b) order that the teacher be cautioned or reprimanded; 7 (c) order that the teacher pay to the Board a fine of a 8 specified amount not exceeding $5 000; 9 (d) order that the registration of the teacher be suspended 10 for a period, not exceeding 2 years, as is specified in the 11 order; 12 (e) order that a condition, or conditions, be imposed on the 13 registration of the teacher, or order that an existing 14 condition, or conditions, be modified; 15 (f) if the committee has found that a teacher who holds full 16 registration has been seriously incompetent as a teacher, 17 order the cancellation of that registration and the 18 substitution of provisional registration; 19 (g) recommend to the Board that the complaint be referred 20 to the impairment review committee or the State 21 Administrative Tribunal. 22 (2) A disciplinary committee may, in dealing with a complaint 23 under subsection (1), order that the teacher pay to the Board 24 such costs and expenses of, arising from, or incidental to -- 25 (a) the Board's investigation of the complaint; or 26 (b) the inquiry, 27 as the disciplinary committee thinks fit. 28 (3) If action is taken under subsection (1) in relation to a complaint, 29 no further action is to be taken by the Board or a committee 30 under this Part with respect to the complaint. 31 (4) Notice of a decision or an order made under this section is to be 32 given in accordance with section 85. page 42 Teacher Registration Bill 2011 Disciplinary and impairment matters Part 5 Role of disciplinary committee Division 6 s. 71 1 (5) An order made under this section takes effect -- 2 (a) on the day on which notice of the order is given to the 3 teacher; or 4 (b) on a later day specified in the order. 5 Subdivision 3 -- Offences relating to inquiries 6 71. Failure to comply with notice under section 68 7 (1) A registered teacher must not, without lawful excuse, refuse or 8 fail -- 9 (a) to attend; or 10 (b) to produce a document or other thing, 11 as required by a notice under section 68(1)(a). 12 (2) A registered teacher must not, without lawful excuse, refuse or 13 fail to be sworn or make an affirmation as required under 14 section 68(2). 15 Penalty: a fine of $5 000. 16 72. Disruption of inquiry 17 During an inquiry a person must not do any of the following -- 18 (a) attempt to improperly influence the inquiry; 19 (b) wilfully insult the Board or a disciplinary committee or 20 a member of the Board or a disciplinary committee; 21 (c) wilfully interrupt or obstruct the proceedings of the 22 inquiry; 23 (d) otherwise wilfully disrupt the inquiry. 24 Penalty: a fine of $5 000. page 43 Teacher Registration Bill 2011 Part 5 Disciplinary and impairment matters Division 7 Role of impairment review committee s. 73 1 Division 7 -- Role of impairment review committee 2 Subdivision 1 -- Complaints relating to impairment matters 3 73. Impairment review committee to deal with certain 4 complaints 5 The impairment review committee is to deal under this 6 Subdivision with a complaint referred to it by the Board. 7 74. Registered teacher to be notified about impairment matter 8 (1) The impairment review committee may give written notice to a 9 registered teacher of its intention to deal with an impairment 10 matter in respect of that teacher. 11 (2) The notice must -- 12 (a) advise the teacher of the nature of the impairment 13 matter; and 14 (b) contain a brief summary of the effect of this 15 Subdivision; and 16 (c) seek the teacher's consent to the matter being dealt with 17 under this Subdivision; and 18 (d) if the impairment review committee considers that an 19 examination of the teacher is necessary, seek the 20 teacher's consent to undergo an examination relating to 21 the impairment matter within a period specified in the 22 notice. 23 75. Impairment matter -- procedure and evidence 24 In dealing with an impairment matter the impairment review 25 committee -- 26 (a) must proceed with as little formality and technicality 27 and as speedily as the requirements of this Act and a 28 proper hearing of the matter permit; and 29 (b) is not bound by the rules of evidence and may inform 30 itself on any matter as it thinks fit; and page 44 Teacher Registration Bill 2011 Disciplinary and impairment matters Part 5 Role of impairment review committee Division 7 s. 76 1 (c) may, subject to this Act and the rules of procedural 2 fairness, determine its own procedures. 3 76. Examination 4 (1) If the teacher agrees to undergo an examination within the 5 period specified in the notice under section 74(2)(d), the teacher 6 is to be examined by a medical practitioner agreed upon by the 7 impairment review committee and the teacher. 8 (2) If the impairment review committee and the teacher are unable 9 to agree upon the person to conduct the examination, the 10 committee is to appoint a medical practitioner to perform the 11 examination. 12 (3) The Board is to pay for an examination conducted under this 13 section and a report provided under section 77. 14 (4) If the teacher does not agree to undergo an examination within 15 the period specified in the notice under section 74(2)(d), or does 16 not abide by an agreement to undergo such an examination, the 17 impairment review committee is to recommend to the Board 18 that the complaint be referred to the State Administrative 19 Tribunal. 20 77. Report of examination to impairment review committee 21 (1) A medical practitioner who conducts an examination under 22 section 76 is to give a report of the examination to the 23 impairment review committee and, not more than 7 days later, 24 the committee is to give a copy of the report to the teacher. 25 (2) Despite subsection (1), if it appears to the impairment review 26 committee that the disclosure to the teacher of information in 27 the report might be prejudicial to the physical or mental health 28 or wellbeing of the teacher, the committee may decide not to 29 give that report to the teacher but to give it instead to a medical 30 practitioner, or another teacher, nominated by the teacher. page 45 Teacher Registration Bill 2011 Part 5 Disciplinary and impairment matters Division 7 Role of impairment review committee s. 78 1 (3) If the teacher does not nominate a medical practitioner or 2 another teacher to the impairment review committee within 3 14 days of being requested to do so by the committee, the 4 committee may give the report to a medical practitioner or 5 teacher selected by the committee. 6 (4) The teacher may make written representations to the impairment 7 review committee with respect to the report within 30 days after 8 the report is given to him or her or the medical practitioner or 9 teacher nominated by him or her or selected by the committee. 10 78. Decision of impairment review committee after 11 consideration of matter 12 (1) On completion of its consideration of an impairment matter and 13 after taking into account -- 14 (a) the report of the Board referred to in section 54; and 15 (b) any report given to the impairment review committee 16 under section 77(1); and 17 (c) any representations made by the teacher under 18 section 77(4), 19 the committee is to deal with the matter in one of the following 20 ways -- 21 (d) dismiss the complaint; 22 (e) recommend to the Board that the complaint be referred 23 to a disciplinary committee or the State Administrative 24 Tribunal; 25 (f) request that the teacher consent -- 26 (i) to the imposition of conditions on his or her 27 registration; or 28 (ii) to having his or her registration suspended for a 29 period, not exceeding 2 years, specified by the 30 impairment review committee; or 31 (iii) to undergo counselling specified by the 32 impairment review committee. page 46 Teacher Registration Bill 2011 Disciplinary and impairment matters Part 5 Role of impairment review committee Division 7 s. 79 1 (2) Notice of a decision under this section is to be given in 2 accordance with section 85. 3 79. Recommendation 4 (1) If the teacher does not consent to a request made under 5 section 78(1)(f) within 30 days of the request being made, the 6 impairment review committee is to recommend to the Board 7 that the complaint be referred to the State Administrative 8 Tribunal. 9 (2) If the teacher does consent to a request made under 10 section 78(1)(f) within 30 days of the request being made, the 11 impairment review committee is to recommend that the Board 12 take any action to which the teacher has consented. 13 (3) A recommendation made under subsection (1) or (2) must be 14 made in writing and contain details of the impairment review 15 committee's consideration of the impairment matter. 16 80. Decision of Board after consideration of recommendation of 17 impairment review committee 18 (1) The Board is to consider a recommendation of the impairment 19 review committee and may -- 20 (a) decide not to take any action; or 21 (b) take any action under section 78(1)(f) to which the 22 teacher has consented; or 23 (c) refer the complaint to the State Administrative Tribunal. 24 (2) For the purpose of taking action to which the teacher has 25 consented the Board may -- 26 (a) order that a condition be imposed on the registration of 27 the teacher, or order that an existing condition be 28 modified; or 29 (b) order that the registration of the teacher is suspended for 30 the period specified in the order; or page 47 Teacher Registration Bill 2011 Part 5 Disciplinary and impairment matters Division 7 Role of impairment review committee s. 81 1 (c) obtain an undertaking from the teacher to undergo the 2 counselling specified by the impairment review 3 committee. 4 (3) Notice of a decision or an order made under this section is to be 5 given in accordance with section 85. 6 Subdivision 2 -- Requests to impairment review committee 7 by teachers 8 81. Request by teacher for imposition of condition 9 (1) A registered teacher who believes that his or her ability to 10 practise as a teacher is affected because of an impairment matter 11 may ask the impairment review committee to recommend to the 12 Board that a condition on his or her registration be imposed, or 13 that an existing condition be modified. 14 (2) If the impairment review committee and the teacher agree upon 15 the condition to be imposed, or the modification of an existing 16 condition, the Board is to impose that condition, or to modify 17 the existing condition, with respect to the registration of the 18 teacher. 19 (3) Notice of a decision under this section is to be given in 20 accordance with section 85. 21 82. Cancellation of condition 22 The Board may cancel a condition imposed under section 81 if 23 the registered teacher satisfies the impairment review committee 24 that his or her ability to practise as a teacher is no longer 25 affected because of the impairment matter that gave rise to the 26 imposition of the condition. page 48 Teacher Registration Bill 2011 Disciplinary and impairment matters Part 5 State Administrative Tribunal Division 8 s. 83 1 Division 8 -- State Administrative Tribunal 2 Subdivision 1 -- Role of the Board 3 83. Certain complaints to be referred to State Administrative 4 Tribunal 5 (1) The Board may refer a complaint to the State Administrative 6 Tribunal on its own initiative or on the recommendation of a 7 disciplinary committee or the impairment review committee. 8 (2) If a referral is made to the State Administrative Tribunal about a 9 complaint in relation to which an interim disciplinary order has 10 been made, the order remains in force until it is revoked by the 11 Tribunal or a referral about the complaint is finally determined 12 by the Tribunal. 13 Subdivision 2 -- State Administrative Tribunal 14 84. Jurisdiction of State Administrative Tribunal 15 (1) If, in a proceeding commenced by a referral under this Act, the 16 State Administrative Tribunal finds that a disciplinary matter 17 exists in relation to a teacher the Tribunal may do one or more 18 of the following -- 19 (a) if the finding is in respect of someone who is no longer 20 registered as a teacher -- 21 (i) take any action, or make any order, that a 22 disciplinary committee may take or make under 23 section 70(1)(a), (b) or (c) in respect of a teacher; 24 (ii) order that the person is disqualified from 25 applying for registration as a teacher for a period 26 of time specified in the order; 27 (b) if the finding is in respect of a person who is registered 28 as a teacher -- 29 (i) take any action, or make any order, that a 30 disciplinary committee may take or make under 31 section 70(1)(a) to (f); page 49 Teacher Registration Bill 2011 Part 5 Disciplinary and impairment matters Division 8 State Administrative Tribunal s. 84 1 (ii) order the cancellation of the person's registration 2 as a teacher; 3 (iii) if an order is made under subparagraph (ii), order 4 that the person is disqualified from applying for 5 registration as a teacher for a period of time 6 specified in the order. 7 (2) If, in a proceeding commenced by a referral under this Act, the 8 State Administrative Tribunal finds that an impairment matter 9 exists in relation to a teacher the Tribunal may do one or more 10 of the following -- 11 (a) dismiss the complaint; 12 (b) order that the registration of the teacher be suspended 13 for a period, not exceeding 2 years, as is specified in the 14 order; 15 (c) order that a condition, or conditions, be imposed on the 16 registration of the teacher, or order that an existing 17 condition, or conditions, be modified; 18 (d) order that the teacher undergoes counselling or medical 19 treatment or acts in accordance with medical advice 20 given to the teacher; 21 (e) order the cancellation of the person's registration as a 22 teacher; 23 (f) if an order is made under paragraph (e), order that the 24 person is disqualified from applying for registration as a 25 teacher for a period of time specified in the order. 26 (3) If a referral to the State Administrative Tribunal is made about a 27 complaint in relation to which an interim disciplinary order is in 28 force, the Tribunal may affirm, revoke or vary the order pending 29 final determination of the referral. 30 (4) Nothing in subsection (3) limits or restricts the functions of the 31 State Administrative Tribunal in respect of a complaint under 32 this Act about a matter in respect of which an interim 33 disciplinary order is in force. page 50 Teacher Registration Bill 2011 Disciplinary and impairment matters Part 5 Notice of orders and decisions made under this Part Division 9 s. 85 1 Division 9 -- Notice of orders and decisions made under this 2 Part 3 85. Notice of orders and decisions made under this Part 4 (1) Within 14 days of making -- 5 (a) an interim disciplinary order; or 6 (b) an order or a decision under section 53(1), 57(1), 62(1), 7 70(1) or (2), 78(1), 80(1) or (2), or 81(2), 8 the Board, a disciplinary committee or the impairment review 9 committee, as is relevant, is to give written notice of the order 10 or the decision to -- 11 (c) the teacher; and 12 (d) any complainant. 13 (2) A notice is to contain short particulars of the reasons for the 14 order or decision. 15 (3) Notice given to a teacher about an interim disciplinary order is 16 to contain a statement that the Board is to refer the matter in 17 respect of which the order is made to the State Administrative 18 Tribunal under section 61. 19 (4) Notice given to a teacher about an order made under section 70 20 or 80 is to contain a statement that the teacher may have a right 21 to a review under section 124. page 51 Teacher Registration Bill 2011 Part 6 Teacher Registration Board Division 1 Establishment s. 86 1 Part 6 -- Teacher Registration Board 2 Division 1 -- Establishment 3 86. Board established 4 A body called the Teacher Registration Board of Western 5 Australia is established. 6 87. Membership of Board 7 (1) The Board consists of 7 members appointed by the Minister. 8 (2) Each member is to be a natural person. 9 (3) At least -- 10 (a) one member is to be a lawyer; and 11 (b) 3 members are to be registered teachers. 12 (4) The Minister is to appoint to the Board people that between 13 them have such experience, skills or qualifications as the 14 Minister considers appropriate to enable them to effectively 15 carry out the functions of the Board under this Act. 16 (5) The Minister is to designate one member to be the chairperson, 17 and one member to be the deputy chairperson, of the Board. 18 88. Remuneration and allowances 19 A member of the Board or of a committee is entitled to the 20 remuneration and allowances, if any, that the Minister may from 21 time to time determine on the recommendation of the Public 22 Sector Commissioner. page 52 Teacher Registration Bill 2011 Teacher Registration Board Part 6 Functions and powers Division 2 s. 89 1 Division 2 -- Functions and powers 2 89. Functions 3 The functions of the Board are as follows -- 4 (a) to perform the functions that are conferred on the Board 5 under this Act or any other Act; 6 (b) to facilitate and assist in the establishment of an 7 accreditation scheme for initial teacher education 8 programmes that may apply throughout Australia; 9 (c) to work with, and join associations of, teacher regulatory 10 authorities (however described) of other States or 11 Territories or New Zealand -- 12 (i) to establish such an accreditation scheme; and 13 (ii) generally, to participate in, and contribute to, 14 debate and activities relating to teaching and 15 teachers; 16 (d) to implement and administer for Western Australia an 17 accreditation scheme for initial teacher education 18 programmes so established; 19 (e) to advise the Minister on matters to which this Act 20 applies. 21 90. Powers 22 The Board has all the powers it needs to perform its functions. 23 91. Delegation by Board 24 (1) The Board may delegate any power or duty of the Board under 25 another provision of this Act -- 26 (a) to a member of the Board; or 27 (b) to a committee; or 28 (c) with the consent of the CEO, to an officer or employee 29 employed in the Department. page 53 Teacher Registration Bill 2011 Part 6 Teacher Registration Board Division 3 Staff and services s. 92 1 (2) The delegation must be in writing executed by the Board. 2 (3) A person or committee to whom a power or duty is delegated 3 under this section cannot delegate that power or duty. 4 (4) A person or committee exercising or performing a power or 5 duty that has been delegated to the person or committee under 6 this section is to be taken to do so in accordance with the terms 7 of the delegation unless the contrary is shown. 8 (5) Nothing in this section limits the ability of the Board to perform 9 a function through a member of staff provided to the Board by 10 the CEO under this Act or a person representing the Board. 11 Division 3 -- Staff and services 12 92. Staff and services 13 The CEO is to ensure that the Board is provided with such -- 14 (a) staff, services and facilities; and 15 (b) other resources and support, 16 as are reasonably necessary to enable it to perform its functions. 17 Division 4 -- Relationship of Board with Minister 18 93. Directions by Minister 19 (1) Subject to subsection (2), the Minister may give written 20 directions to the Board with respect to the performance of its 21 functions, either generally or in relation to a particular matter, 22 and the Board is to give effect to any such direction. 23 (2) The Minister must not under subsection (1) direct the Board 24 with respect to the performance of its functions in respect of -- 25 (a) a particular person; or 26 (b) a particular application, complaint or proceeding. page 54 Teacher Registration Bill 2011 Teacher Registration Board Part 6 Relationship of Board with Minister Division 4 s. 94 1 (3) A copy of a direction given under subsection (1) is to be -- 2 (a) laid before each House of Parliament within 14 days 3 after the direction is given or dealt with in accordance 4 with section 125; and 5 (b) included in the report of the Board made under 6 section 114. 7 94. Minister to have access to information 8 (1) In this section -- 9 document includes any tape, disk or other device or medium on 10 which information is recorded or stored; 11 information means information specified, or of a description 12 specified, by the Minister that relates to the functions of the 13 Board. 14 (2) The Minister is entitled -- 15 (a) to have information in the possession of the Board; and 16 (b) if the information is in or on a document, to have, and 17 make and retain copies of, that document. 18 (3) For the purposes of subsection (2), the Minister may -- 19 (a) request the Board to furnish information to the Minister; 20 and 21 (b) request the Board to give the Minister access to 22 information; and 23 (c) for the purposes of paragraph (b) make use of the 24 services of any officer or employee employed in the 25 Department to obtain the information and furnish it to 26 the Minister. 27 (4) The Board is to comply with a request under subsection (3) and 28 the CEO is to arrange for his or her staff and facilities to be 29 available to the Minister for the purposes of subsection (3)(c). page 55 Teacher Registration Bill 2011 Part 6 Teacher Registration Board Division 5 Constitution and proceedings of the Board s. 95 1 (5) The Minister is not entitled to have information under this 2 section in a form that -- 3 (a) discloses the identity of a person involved in a particular 4 application, complaint, investigation, inquiry or other 5 proceeding; or 6 (b) might enable the identity of any such person to be 7 ascertained, 8 unless that person has consented to the disclosure. 9 Division 5 -- Constitution and proceedings of the Board 10 Subdivision 1 -- General provisions 11 95. Term of office 12 (1) Subject to section 96, a member of the Board holds office for 13 the term, not exceeding 5 years, that is specified in the 14 member's instrument of appointment. 15 (2) A member of the Board is eligible for reappointment. 16 (3) A member of the Board whose term of office expires without a 17 person having been appointed to fill the vacancy continues in 18 office (unless under section 96, the person resigns or is removed 19 from office) until whichever of the following occurs first -- 20 (a) a person is appointed to fill the vacancy; 21 (b) a period of 3 months elapses after the expiry of the term 22 of office. 23 96. Casual vacancies 24 (1) A member of the Board may at any time resign from office by 25 written notice given to the Minister. 26 (2) The Minister may remove a member of the Board from office 27 on one of the following grounds -- 28 (a) mental or physical incapacity to carry out the person's 29 duties in a satisfactory manner; page 56 Teacher Registration Bill 2011 Teacher Registration Board Part 6 Constitution and proceedings of the Board Division 5 s. 97 1 (b) the person being an insolvent; 2 (c) the person being convicted of a serious offence; 3 (d) absence, without leave, from 3 consecutive meetings of 4 the Board of which the member has had notice; 5 (e) neglect of duty; 6 (f) misconduct. 7 (3) In subsection (2)(b) -- 8 insolvent means a person who is, according to the Interpretation 9 Act 1984 section 13D, a bankrupt or a person whose affairs are 10 under insolvency laws. 11 (4) The office of a member becomes vacant if, before the term for 12 which the person holding the office was appointed expires, the 13 person dies or resigns or is removed from office. 14 97. Deputy chairperson acting as chairperson 15 (1) The deputy chairperson is to perform the functions of the 16 chairperson -- 17 (a) when the chairperson is unable to act because of illness, 18 absence or other cause; or 19 (b) during any vacancy in the office of chairperson. 20 (2) An act or omission of the deputy chairperson acting in the place 21 of the chairperson is not to be questioned on the ground that the 22 occasion for acting had not arisen or had ceased. 23 98. Alternate members 24 (1) If a member of the Board other than the chairperson is unable to 25 act because of illness, absence or other cause, the Minister may 26 appoint another person as an alternate member to act 27 temporarily in the member's place. 28 (2) If the deputy chairperson is acting in place of the chairperson at 29 a meeting, the Minister may appoint another person to act in his 30 or her place as an alternate member. page 57 Teacher Registration Bill 2011 Part 6 Teacher Registration Board Division 5 Constitution and proceedings of the Board s. 99 1 (3) While acting in accordance with the appointment the alternate 2 member is to be taken to be, and to have any entitlement of, a 3 member. 4 (4) An act or omission of an alternate member is not to be 5 questioned on the ground that the occasion for the appointment 6 or acting had not arisen or had ceased. 7 99. Holding meetings 8 (1) The first meeting of the Board is to be convened by the 9 chairperson and subsequent meetings, unless convened under 10 subsection (2), are to be held at times and places determined by 11 the Board. 12 (2) A special meeting of the Board may at any time be convened by 13 the chairperson. 14 100. Quorum 15 Five members constitute a quorum of the Board. 16 101. Presiding at meetings 17 (1) The chairperson if present is to preside at a meeting of the 18 Board. 19 (2) If neither the chairperson, nor the deputy chairperson acting as 20 the chairperson, is presiding under subsection (1) the members 21 present at the meeting are to appoint one of their number to 22 preside. 23 102. Procedure at meetings 24 The Board is to determine its own meeting procedures to the 25 extent that they are not fixed by this Act. page 58 Teacher Registration Bill 2011 Teacher Registration Board Part 6 Constitution and proceedings of the Board Division 5 s. 103 1 103. Voting 2 (1) At a meeting of the Board, each member present has a 3 deliberative vote unless section 109 prevents the member from 4 voting. 5 (2) A question is resolved according to how a majority of the votes 6 are cast but if there is not a majority the question is resolved 7 according to the casting vote of the person presiding. 8 104. Holding meetings remotely 9 The presence of a person at a meeting of the Board need not be 10 by attendance in person but may be by that person and each 11 other person at the meeting being simultaneously in contact by 12 telephone or other means of instantaneous communication. 13 105. Resolution without meeting 14 A resolution in writing signed or assented to by letter, facsimile, 15 email or other similar means by at least 5 members of the Board 16 has the same effect as if it had been passed at a meeting of the 17 Board. 18 106. Minutes 19 The Board is to cause accurate minutes to be kept of the 20 proceedings at each of its meetings and each meeting of its 21 committees. 22 107. Committees 23 (1) The Board may establish committees to assist it to perform its 24 functions, and may discharge or alter any committee it has 25 established. 26 (2) A committee may include people who are not members of the 27 Board but must include at least one member of the Board. 28 (3) Each member of a committee is to be a natural person. page 59 Teacher Registration Bill 2011 Part 6 Teacher Registration Board Division 5 Constitution and proceedings of the Board s. 108 1 (4) The Board may give directions to a committee on the following 2 matters -- 3 (a) the functions to be performed by the committee; 4 (b) the procedures of the committee; 5 (c) reporting by the committee on the performance of its 6 functions. 7 (5) A committee must comply with a direction of the Board. 8 (6) A committee may determine its own procedures but they must 9 be consistent with any directions of the Board and the terms of 10 any delegation under which the committee is acting. 11 (7) This section does not apply to a disciplinary committee and the 12 impairment review committee. 13 Subdivision 2 -- Disclosure of interest 14 108. Disclosure of interest 15 (1) A member of the Board who has a material personal interest in a 16 matter being considered or about to be considered by the Board 17 must, as soon as possible after the relevant facts have come to 18 the member's knowledge, disclose the nature of the interest at a 19 meeting of the Board. 20 Penalty: a fine of $25 000. 21 (2) A member of a committee who has a material personal interest 22 in a matter being considered or about to be considered by the 23 committee must, as soon as possible after the relevant facts have 24 come to the member's knowledge, disclose the nature of the 25 interest at a meeting of the committee. 26 Penalty: a fine of $25 000. 27 (3) Subsection (2) applies to a person who is a member of the 28 committee and also a member of the Board even though the 29 person has already disclosed the nature of the interest at a 30 meeting of the Board. page 60 Teacher Registration Bill 2011 Teacher Registration Board Part 6 Constitution and proceedings of the Board Division 5 s. 109 1 (4) A disclosure under subsection (1) or (2) is to be recorded in the 2 minutes of the meeting. 3 109. Voting by interested Board member 4 (1) A member who has a material personal interest in a matter that 5 is being considered by the Board -- 6 (a) must not vote, whether at a meeting or otherwise, on the 7 matter; and 8 (b) must not be present while the matter is being considered 9 at a meeting. 10 (2) A reference in subsection (1)(a) or (b) to a matter includes a 11 reference to a proposed resolution under section 110 in respect 12 of the matter, whether relating to that member or a different 13 member. 14 110. Section 109 may be declared inapplicable 15 Section 109 does not apply if the Board has at any time passed a 16 resolution that -- 17 (a) specifies the member, the interest and the matter; and 18 (b) states that the members voting for the resolution are 19 satisfied that the interest should not disqualify the 20 member from considering or voting on the matter. 21 111. Quorum where section 109 applies 22 (1) Despite section 100, if the Board is dealing with a matter in 23 relation to which a member is disqualified under section 109, a 24 quorum is present during the consideration of the matter if at 25 least half the number of members who are entitled to vote on 26 any motion that may be moved at the meeting in relation to the 27 matter are present. 28 (2) The Minister may deal with a matter insofar as the Board cannot 29 deal with it because of subsection (1). page 61 Teacher Registration Bill 2011 Part 6 Teacher Registration Board Division 6 General s. 112 1 112. Minister may declare sections 109 and 111 inapplicable 2 (1) The Minister may by writing declare that section 109 or 111 or 3 both of them do not apply in relation to a specified matter either 4 generally or in voting on particular resolutions. 5 (2) The Minister must, within 14 days after a declaration under 6 subsection (1) is made, cause a copy of the declaration to be laid 7 before each House of Parliament or dealt with in accordance 8 with section 125. 9 Division 6 -- General 10 113. Execution of documents by the Board 11 (1) A document is duly executed by the Board if it is signed on 12 behalf of the Board by a person or persons authorised to do so 13 under subsection (2). 14 (2) The Board may -- 15 (a) authorise one or more of its members; or 16 (b) with the consent of the CEO, authorise any officer or 17 employee employed in the Department, 18 to sign documents on behalf of the Board, either generally or 19 subject to the conditions that are specified in the authorisation. 20 (3) A document purporting to be executed in accordance with this 21 section is to be presumed to be duly executed until the contrary 22 is shown. 23 114. Annual report of Board 24 (1) The Board is to prepare and submit to the CEO, as soon as is 25 practicable after 30 June in each year, a report that contains -- 26 (a) information about the activities of the Board during the 27 financial year; and 28 (b) a report about the Board's performance of its functions 29 under this Act during that time; and page 62 Teacher Registration Bill 2011 Teacher Registration Board Part 6 General Division 6 s. 115 1 (c) any other matters arising out of the performance of the 2 Board's functions that are, in the opinion of the Board, 3 of such significance as to require reporting. 4 (2) The annual report submitted by the accountable authority of the 5 Department under the Financial Management Act 2006 Part 5 is 6 to include the report of the Board under subsection (1). 7 115. Teacher Registration Board Account 8 (1) An agency special purpose account called the Teacher 9 Registration Board Account is to be established under the 10 Financial Management Act 2006 section 16. 11 (2) The Teacher Registration Board Account is to be administered 12 by the CEO. 13 (3) The Teacher Registration Board Account must be credited with 14 the following -- 15 (a) fees, fines, costs and other moneys received or 16 recovered under this Act; 17 (b) other moneys received by, made available to, or payable 18 to, the Teacher Registration Board in the performance of 19 functions under this or any other Act; 20 (c) any other moneys required or authorised under this or 21 any other written law to be credited to the account. 22 (4) Moneys held in the Teacher Registration Board Account must 23 be applied for the following -- 24 (a) in payment of the remuneration and allowances payable 25 to the members of the Board or of a committee under 26 this Act; 27 (b) in payment of the costs and expenses incurred in the 28 performance of the functions of the Teacher Registration 29 Board under this Act; 30 (c) in payment of the costs of the administration and 31 enforcement of this Act. page 63 Teacher Registration Bill 2011 Part 7 Miscellaneous Division 1 Publishing and using information s. 116 1 Part 7 -- Miscellaneous 2 Division 1 -- Publishing and using information 3 116. Term used: publish 4 In this Division -- 5 publish, in relation to information, includes -- 6 (a) include in a newspaper or other publication published in 7 this State; 8 (b) disseminate by the exhibition or broadcast of a 9 photograph, slide, film, video recording, audio recording 10 or other recording of images or sound; 11 (c) broadcast by radio or for television; 12 (d) include on a website or otherwise publicly disseminate 13 by means of the internet; 14 (e) publicly exhibit in, on, over or under any building, 15 vehicle or place, or in the air, in view of persons in or on 16 any street or public place; 17 (f) include in a document sent or delivered to any person or 18 body; 19 (g) include in a document gratuitously sent or delivered to 20 any person or body or thrown or left on premises 21 occupied by any person or body or left on a vehicle; 22 (h) make verbally to any person or body. 23 117. Confidentiality of information 24 (1) This section applies to a person who is or has been engaged in 25 the performance of functions under this Act. 26 (2) A person to whom this section applies must not, directly or 27 indirectly, publish or make use of information obtained in 28 performing functions under this Act other than -- 29 (a) for the purpose of, or in connection with, performing a 30 function under this Act or another written law; or page 64 Teacher Registration Bill 2011 Miscellaneous Part 7 Publishing and using information Division 1 s. 118 1 (b) as required or allowed under this Act or another written 2 law; or 3 (c) with the written consent of the person to whom the 4 information relates; or 5 (d) for the purpose of investigation of a suspected offence 6 or the conduct of proceedings against a person arising 7 out of the administration of this or another written law; 8 or 9 (e) in other circumstances, if any, prescribed. 10 Penalty: a fine of $25 000. 11 (3) Subsection (2) does not apply to the publication or use of 12 statistical or other information that could not reasonably be 13 expected to lead to the identification of any person to whom it 14 relates. 15 118. Publication of information 16 (1) The Board may cause to be published, in any form or manner 17 that the Board considers appropriate, information concerning 18 any of the following -- 19 (a) the registration of teachers; 20 (b) matters that adversely affect or may adversely affect the 21 interests of persons at educational venues who are taught 22 by registered teachers. 23 (2) Without limiting subsection (1) -- 24 (a) information published under this section may include 25 details of any of the following -- 26 (i) orders or decisions of the Board or of a 27 disciplinary committee; 28 (ii) orders made by the State Administrative 29 Tribunal; page 65 Teacher Registration Bill 2011 Part 7 Miscellaneous Division 2 Legal proceedings s. 119 1 (b) the Board may give notice of a finding, order, reason, 2 decision or other action in respect of a person to any of 3 the following -- 4 (i) a board or authority under a law of another State 5 or a Territory or New Zealand that deals with the 6 registration of teachers (however described); 7 (ii) any relevant professional association or trade 8 union of which the person is a member; 9 (iii) a person who is, or at the relevant time was, the 10 employer of a registered teacher; 11 (iv) any other person who, in the opinion of the 12 Board, should be made aware of the finding, 13 order, reason, decision or action. 14 (3) The Board must not publish information under this section 15 unless satisfied that it is in the public interest to do so. 16 (4) Without limiting section 117, no civil or criminal liability is 17 incurred by the Board or any other person in respect of the 18 publication, in good faith, of information under this section. 19 Division 2 -- Legal proceedings 20 119. Legal proceedings 21 (1) Proceedings for an offence against this Act or in respect of any 22 other matter arising under this Act may be taken in the name of 23 the Board by -- 24 (a) the Board; or 25 (b) any other person authorised to do so by the Board. 26 (2) Subsection (1) does not limit the ability of a person to 27 commence or conduct the prosecution of an offence if the 28 person has authority at law to do so. 29 (3) All prosecutions for offences against this Act are to be heard in 30 a court of summary jurisdiction constituted by a magistrate. page 66 Teacher Registration Bill 2011 Miscellaneous Part 7 Legal proceedings Division 2 s. 120 1 120. Evidence Act 1906 not affected 2 This Division is in addition to, and does not affect the operation 3 of, the Evidence Act 1906. 4 121. Evidentiary matters 5 (1) In proceedings for an offence against this Act, in the absence of 6 evidence to the contrary, the following matters are to be taken to 7 be proved -- 8 (a) the prosecutor is authorised to commence the 9 prosecution; and 10 (b) the prosecution notice is executed by a person 11 authorised to commence the prosecution. 12 (2) In proceedings for an offence against this Act an allegation in a 13 prosecution notice that, at a specified time, a specified person 14 was -- 15 (a) a member or an alternate member of the Board; 16 (b) the chairperson or deputy chairperson of the Board; 17 (c) a member of a committee, 18 is taken to be proved in the absence of evidence to the contrary. 19 (3) In proceedings for an offence against this Act a copy of or 20 extract from the register or any statement that purports to 21 reproduce matters entered in the register that is certified by the 22 Board as a true copy, extract or statement, is evidence of the 23 facts appearing in that copy, extract or statement. 24 122. Evidentiary certificate 25 (1) In any proceedings, production of a certificate containing a 26 statement described in subsection (2) and purporting to be given 27 by the Board is, without proof of any appointment or signature, 28 evidence of the facts stated in the certificate in the absence of 29 evidence to the contrary. page 67 Teacher Registration Bill 2011 Part 7 Miscellaneous Division 3 Review by State Administrative Tribunal s. 123 1 (2) A certificate may state any or all of the following -- 2 (a) that a person is or was, or is not or was not, registered as 3 a teacher; 4 (b) that a person does or does not, or did or did not, hold a 5 specified category of registration; 6 (c) any conditions to which the registration of a person is or 7 was subject; 8 (d) that the registration of a person has or had been 9 suspended or cancelled under this Act; 10 (e) that a person was disqualified from holding registration 11 as a teacher; 12 (f) the day, days or period on or during which anything 13 referred to in any of paragraphs (a) to (e) applied. 14 123. Recovery of amounts due 15 The amount of any -- 16 (a) fees; or 17 (b) penalty, costs or expenses ordered to be paid under 18 Part 5, 19 is recoverable by the Board in any court of competent 20 jurisdiction as a debt due to the State. 21 Division 3 -- Review by State Administrative Tribunal 22 124. Review by State Administrative Tribunal of certain 23 decisions 24 (1) A person who is, or was -- 25 (a) a registered teacher; or 26 (b) an applicant for registration as a teacher; or 27 (c) the employer of a registered teacher who holds, or held, 28 limited registration, 29 who is aggrieved by a reviewable decision may apply to the 30 State Administrative Tribunal for a review of the decision. page 68 Teacher Registration Bill 2011 Miscellaneous Part 7 Other matters Division 4 s. 125 1 (2) In subsection (1) -- 2 reviewable decision means a decision of -- 3 (a) the Board to refuse an application by the person under 4 Part 3 for the grant of registration; or 5 (b) the Board to refuse an application by the person under 6 Part 3 for the renewal of registration; or 7 (c) the Board to impose a condition on the person's 8 registration under section 26 when granting or renewing 9 that registration; or 10 (d) the Board to impose, modify or cancel a condition under 11 section 26 during the currency of the teacher's 12 registration; or 13 (e) the Board to cancel the person's registration under 14 section 27; or 15 (f) a disciplinary committee to make an order against the 16 person under section 70; or 17 (g) the Board to make an order against the person under 18 section 80. 19 Division 4 -- Other matters 20 125. Laying before House of Parliament that is not sitting 21 (1) If the Minister is required under this Act to cause a document to 22 be laid before each House of Parliament, or dealt with under this 23 section, within 14 days and -- 24 (a) at the commencement of that period a House of 25 Parliament is not sitting; and 26 (b) the Minister is of the opinion that the House will not sit 27 during that period of 14 days, 28 the Minister is to transmit a copy of the document to the Clerk 29 of that House. 30 (2) A copy of a document transmitted to the Clerk of a House is to 31 be taken to have been laid before that House. page 69 Teacher Registration Bill 2011 Part 7 Miscellaneous Division 4 Other matters s. 126 1 (3) The laying of a copy of a document that is regarded as having 2 occurred under subsection (2) is to be recorded in the Minutes, 3 or Votes and Proceedings, of the House on the first sitting day 4 of the House after the Clerk received the copy. 5 126. Protection from liability 6 (1) An action in tort does not lie against a person for any thing that 7 the person has done, in good faith, in the performance or 8 purported performance of a function under this Act. 9 (2) The protection given by subsection (1) applies even though the 10 thing done as described in that subsection may have been 11 capable of being done whether or not this Act had been enacted. 12 (3) Despite subsection (1), the State is not relieved of any liability 13 that it might have for another person having done any thing as 14 described in that subsection. 15 (4) In this section, a reference to the doing of any thing includes a 16 reference to the omission to do any thing. 17 127. False or misleading information 18 A person -- 19 (a) in, or in connection with, an application under this Act; 20 or 21 (b) in compliance or purported compliance with a 22 requirement made by or under this Act to provide 23 information; or 24 (c) for any other purpose under this Act, 25 must not do any of the following -- 26 (d) make a statement which the person knows is false or 27 misleading in a material particular; 28 (e) make a statement which is false or misleading in a 29 material particular, with reckless disregard as to whether 30 or not the statement is false or misleading in a material 31 particular; page 70 Teacher Registration Bill 2011 Miscellaneous Part 7 Other matters Division 4 s. 128 1 (f) provide, or cause to be provided, information that the 2 person knows is false or misleading in a material 3 particular; 4 (g) provide, or cause to be provided, information that is 5 false or misleading in a material particular, with reckless 6 disregard as to whether the information is false or 7 misleading in a material particular; 8 (h) fail to disclose, or cause a failure to disclose, all 9 information that the person knows is materially relevant. 10 Penalty: 11 (a) for a first offence, a fine of $5 000; 12 (b) for a second or subsequent offence, a fine $10 000. 13 128. Regulations 14 (1) The Governor may make regulations prescribing all matters that 15 are required or permitted by the Act to be prescribed, or are 16 necessary or convenient to be prescribed to give effect to the 17 purposes of the Act. 18 (2) Without limiting subsection (1), regulations may be made for all 19 or any of the following purposes -- 20 (a) regulating the meetings and proceedings of, and the 21 conduct of business by, the Board or a committee; 22 (b) maintaining the accuracy of the register, including the 23 provision of information to the Board to assist in 24 maintaining the accuracy of the register; 25 (c) regulating the issue, display and use of certificates of 26 registration, if any; 27 (d) regulating applications and registration including -- 28 (i) conditions on registration; 29 (ii) the duration of non-practising registration; 30 (iii) the provision of information about eligibility for 31 registration; page 71 Teacher Registration Bill 2011 Part 7 Miscellaneous Division 4 Other matters s. 128 1 (e) implementing and administering an accreditation 2 scheme for initial teacher education programmes 3 including -- 4 (i) the grant and cancellation of accreditation, 5 including conditions on accreditation and the 6 duration of accreditation; 7 (ii) eligibility criteria for accreditation; 8 (iii) the fees to be paid for accreditation, and in 9 relation to the accreditation scheme, and the 10 person liable for the payment of any fee; 11 (iv) providing for accreditation panels, including the 12 functions and powers of accreditation panels; 13 (v) the role of the Board and other bodies, including 14 any accreditation panel or panels, in the 15 accreditation scheme; 16 (vi) the review of accreditation decisions; 17 (vii) anything supplementary or additional for the 18 implementation or administration of the 19 accreditation scheme; 20 (f) regarding information -- 21 (i) as to persons who are teaching in an educational 22 venue; 23 (ii) about teaching in educational venues, 24 to be supplied to the Board, at the request of the Board, 25 by any person who appoints, employs, engages or gives 26 permission to another person to teach in an educational 27 venue; 28 (g) procedures in relation to the making of complaints; 29 (h) procedures in relation to the conduct of inquiries; 30 (i) prescribing fees to be paid for the purposes of this Act, 31 and the person liable for payment of any fee; page 72 Teacher Registration Bill 2011 Miscellaneous Part 7 Other matters Division 4 s. 129 1 (j) providing that any information supplied to the Board or 2 a committee may be required to be verified by statutory 3 declaration. 4 129. Forms 5 Forms that are convenient for the purposes of this Act 6 may be -- 7 (a) prescribed; or 8 (b) approved by the Board. 9 130. Review of Act 10 (1) The Minister is to carry out a review of the operation and 11 effectiveness of this Act as soon as is practicable after the 12 expiration of 4 years from the commencement of this section, 13 and in the course of that review the Minister is to consider and 14 have regard to the following -- 15 (a) the effectiveness of the operations of the Board; 16 (b) the need for the continuation of the functions of the 17 Board; 18 (c) any other matters that appear to the Minister to be 19 relevant to the operation and effectiveness of this Act. 20 (2) The Minister is to prepare a report based on the review made 21 under subsection (1) and, as soon as is practicable after the 22 preparation of the report, cause it to be laid before each House 23 of Parliament. page 73 Teacher Registration Bill 2011 Part 8 Repeals and transitional matters Division 1 Interpretation Act 1984 not affected s. 131 1 Part 8 -- Repeals and transitional matters 2 Division 1 -- Interpretation Act 1984 not affected 3 131. Interpretation Act 1984 not affected 4 The provisions of this Part are additional to and do not prejudice 5 or affect the application of the Interpretation Act 1984 to and in 6 relation to the repeal effected by section 132, except where the 7 contrary intention appears. 8 Division 2 -- Repeals 9 132. Western Australian College of Teaching Act 2004 repealed 10 (1) The Western Australian College of Teaching Act 2004 is 11 repealed. 12 (2) If, when this section comes into operation, Part 9 Division 1 is 13 not in operation, then Part 9 Division 1 is repealed. 14 133. Western Australian College of Teaching Regulations 2004 15 repealed 16 The Western Australian College of Teaching Regulations 2004 17 are repealed. 18 134. Western Australian College of Teaching (Elections) 19 Regulations 2007 repealed 20 The Western Australian College of Teaching (Elections) 21 Regulations 2007 are repealed. page 74 Teacher Registration Bill 2011 Repeals and transitional matters Part 8 Transitional provisions arising from the enactment of the Division 3 Teacher Registration Act 2011 s. 135 1 Division 3 -- Transitional provisions arising from the 2 enactment of the Teacher Registration Act 2011 3 Subdivision 1 -- Terms used 4 135. Terms used 5 In this Division -- 6 assets means any legal or equitable estate or interest (whether 7 present or future, whether vested or contingent and whether 8 personal or assignable) in personal property of any description, 9 including money and includes securities, choses in action and 10 documents; 11 College means the Western Australian College of Teaching 12 established under the Western Australian College of Teaching 13 Act 2004 section 5; 14 commencement day means the day that is the earlier of the 15 following -- 16 (a) the day on which Part 9 Division 1 comes into 17 operation; or 18 (b) the day on which section 132 comes into operation; 19 currently teaching, in relation to an individual, means engaged, 20 employed, appointed or given permission to teach, in an 21 educational venue other than a school, whether or not the 22 individual was actually teaching, immediately before the 23 commencement day; 24 former Board means the Board -- 25 (a) established under the Western Australian College of 26 Teaching Act 2004 section 7; and 27 (b) in existence immediately before commencement day; 28 liability means any liability, duty or obligation, other than a 29 liability that relates to real property, whether actual, contingent 30 or prospective, liquidated or unliquidated, or whether owed 31 alone or jointly or jointly and severally with any other person; page 75 Teacher Registration Bill 2011 Part 8 Repeals and transitional matters Division 3 Transitional provisions arising from the enactment of the Teacher Registration Act 2011 s. 136 1 right means any right, power, privilege or immunity whether 2 actual, contingent or prospective; 3 school has the meaning given in the School Education Act 1999 4 section 4; 5 WACOT Act means the Western Australian College of Teaching 6 Act 2004 as in force immediately before commencement day. 7 Subdivision 2 -- Registration 8 136. Current registration continues 9 An individual who immediately before commencement day -- 10 (a) was registered as a teacher under the WACOT Act 11 section 34, is to be taken to hold full registration; and 12 (b) was provisionally registered as a teacher under the 13 WACOT Act section 32, is to be taken to hold 14 provisional registration; and 15 (c) held a limited authority to teach under the WACOT Act 16 section 36, is to be taken to hold limited registration, 17 on commencement day on the same terms and conditions 18 (including suspension and period of registration) as applied in 19 respect of that person under the WACOT Act. 20 137. Registration of persons not currently registered at 21 commencement day 22 (1) This section applies to an individual who immediately before 23 commencement day -- 24 (a) held a qualification in teaching approved by the Board 25 for the purposes of this section; and 26 (b) was not registered as a teacher under the WACOT Act. page 76 Teacher Registration Bill 2011 Repeals and transitional matters Part 8 Transitional provisions arising from the enactment of the Division 3 Teacher Registration Act 2011 s. 137 1 (2) An individual to whom this section applies who is currently 2 teaching and has taught at an educational venue, other than a 3 school -- 4 (a) for a period of at least 3 years is eligible for full 5 registration as a teacher; and 6 (b) for a period of less than 3 years is eligible for 7 provisional registration as a teacher. 8 (3) An individual to whom this section applies who is not currently 9 teaching but has taught at an educational venue other than a 10 school at some time before commencement day is eligible for 11 either full registration or provisional registration as a teacher, as 12 the Board decides is appropriate. 13 (4) The Board must, on application made in the manner approved 14 by the Board, register an individual eligible for registration as a 15 teacher under this section unless the Board is satisfied that the 16 person is not a fit and proper person to be a registered teacher. 17 (5) An application for registration -- 18 (a) by a person eligible for registration under subsection (2) 19 must be made within 18 months after commencement 20 day; or 21 (b) by a person eligible for registration under subsection (3) 22 must be made within 24 months after commencement 23 day, 24 or such later time as the Board may allow having regard to the 25 circumstances of a particular case. 26 (6) Part 2 does not apply to, or in respect of, an individual to whom 27 this section applies until whichever is the earlier of the 28 following -- 29 (a) the expiration of the period during which the individual 30 could apply for registration under this section; page 77 Teacher Registration Bill 2011 Part 8 Repeals and transitional matters Division 3 Transitional provisions arising from the enactment of the Teacher Registration Act 2011 s. 138 1 (b) if the individual has made an application for registration 2 under this section, when that application is dealt with by 3 the Board. 4 (7) An individual to whom this section applies who is aggrieved by 5 a decision of the Board under this section may apply to the State 6 Administrative Tribunal for a review of the decision. 7 Subdivision 3 -- Former Board abolished 8 138. Former Board abolished 9 On commencement day, the former Board is to be taken to be 10 abolished and its members go out of office. 11 139. Unfinished proceedings 12 Any proceedings commenced by, or against, the College that 13 have not been finally determined by commencement day -- 14 (a) are to be dealt with and determined as if the proceedings 15 had been commenced by or against the Board; and 16 (b) are to continue under the direction and control of the 17 Board. 18 Subdivision 4 -- Assets and liabilities of the College, other than those 19 relating to real property, transferred 20 140. This Subdivision does not apply in respect of real property 21 This Subdivision does not apply to, or in respect of, real 22 property, and any liabilities relating to real property, held 23 immediately before commencement day by the College under 24 the WACOT Act. 25 141. Transfer of assets, liabilities, etc. 26 (1) On commencement day, by force of this section -- 27 (a) the assets and rights vested in the College immediately 28 before commencement day are transferred to, and vest, page 78 Teacher Registration Bill 2011 Repeals and transitional matters Part 8 Transitional provisions arising from the enactment of the Division 3 Teacher Registration Act 2011 s. 142 1 in the State and are to be administered in the 2 Department; and 3 (b) the liabilities of the College (including a share of a 4 liability) existing immediately before commencement 5 day are transferred to the State to be administered in the 6 Department. 7 (2) The assets, rights and liabilities referred to in subsection (1) 8 pass to and become vested in the State under this section 9 without any transfer or assignment. 10 (3) The relevant officials are to take notice of this Part and are to 11 record and register in the appropriate manner the documents 12 necessary to show the effect of this section. 13 142. Winding-up 14 As soon as reasonably practicable after commencement day, the 15 CEO is to wind-up the affairs of the College and in particular, 16 but without limiting what may be done to wind-up those affairs, 17 the CEO is to -- 18 (a) discharge the liabilities transferred to the State under 19 this Subdivision; and 20 (b) cause -- 21 (i) any assets which remain after the discharge of 22 those liabilities; and 23 (ii) moneys derived from the winding-up of the 24 affairs of the College under this section, 25 including any proceeds from the disposal of 26 property, 27 to be credited to the account referred to in section 115. page 79 Teacher Registration Bill 2011 Part 8 Repeals and transitional matters Division 3 Transitional provisions arising from the enactment of the Teacher Registration Act 2011 s. 143 1 143. Final report 2 (1) In this section -- 3 final period means the period beginning on the day after the last 4 day of the period for which a report was made under the 5 WACOT Act section 29 and ending on commencement day. 6 (2) The Minister is to appoint a reporting officer to make and 7 submit to the CEO, as soon as is reasonably practicable, but in 8 any event not later than 4 months, after commencement day a 9 report (the final report) of the proceedings of the College for 10 the final period. 11 (3) The WACOT Act section 29(2) and (3)(a) to (d) applies in 12 respect of the final report as if it was an annual report made 13 under that section by the College. 14 (4) The Minister must cause copies of the final report submitted 15 under subsection (2) to be laid before each House of Parliament, 16 or dealt with under section 125, within 14 days after the 17 Minister receives it. 18 144. Records etc. to be delivered to CEO 19 The College is to ensure that, on commencement day, all 20 documents, papers, books of accounts and other records 21 (however compiled or stored) in the possession of the College 22 or under its control, are delivered to the CEO. 23 Subdivision 5 -- Staff under WACOT Act 24 145. Staff under WACOT Act -- transition of employment 25 (1) A person who, immediately before commencement day, was 26 appointed, employed or engaged by the College becomes, on the 27 commencement day, a person employed in the Department. 28 (2) The employment of the person in the Department in accordance 29 with subsection (1) is under and subject to the Public Sector 30 Management Act 1994. page 80 Teacher Registration Bill 2011 Repeals and transitional matters Part 8 Transitional provisions arising from the enactment of the Division 3 Teacher Registration Act 2011 s. 146 1 (3) A person mentioned in subsection (1) is to be regarded as 2 having been appointed, engaged or employed, as is relevant, by 3 the CEO. 4 (4) Except as otherwise agreed by a person to whom subsection (1) 5 applies, the person's remuneration, existing, accrued or accruing 6 rights, rights under a superannuation scheme or fund and 7 continuity of service are not affected, prejudiced or interrupted 8 by -- 9 (a) the operation of subsection (1); or 10 (b) the abolition of the former Board; or 11 (c) the amendment or repeal of the Western Australian 12 College of Teaching Act 2004. 13 (5) For the purposes of this section, a person's service with the 14 College is to be taken to have been with the Department. 15 Subdivision 6 -- Other matters 16 146. Disciplinary proceedings 17 Disciplinary proceedings commenced under the WACOT Act 18 Part 7 that are not complete by commencement day -- 19 (a) are taken to have been commenced under this Act; and 20 (b) are to be dealt with under this Act. 21 147. Orders made under WACOT Act 22 An order for disciplinary action in force immediately before 23 commencement day under the WACOT Act is to be taken to be 24 an order made by a disciplinary committee or the Board, as is 25 relevant under Part 5 of this Act. 26 148. References to College or former Board 27 (1) If in a written law or other document or instrument there is a 28 reference to the College or to the former Board, that reference 29 may, on and after commencement day, where the context so page 81 Teacher Registration Bill 2011 Part 8 Repeals and transitional matters Division 3 Transitional provisions arising from the enactment of the Teacher Registration Act 2011 s. 149 1 requires, be read as if it had been amended to be a reference to 2 the Board. 3 (2) Subsection (1) does not apply to or in respect of a document or 4 instrument relating to any asset or liability that is held after 5 commencement day by the College under the Western Australia 6 College of Teaching Act 2004. 7 149. Transitional regulations 8 (1) If there is no sufficient provision in this Part for dealing with a 9 transitional matter, regulations under this Act may prescribe all 10 matters that are required or necessary or convenient to be 11 prescribed in relation to that matter. 12 (2) In subsection (1) -- 13 transitional matter means a matter that needs to be dealt with 14 for the transition required because of this Act. 15 (3) Regulations made under subsection (1) may provide that 16 specified provisions of any written law -- 17 (a) do not apply to or in relation to any matter; or 18 (b) apply with specified modifications to or in relation to 19 any matter. 20 (4) If regulations made under subsection (1) provide that a specified 21 state of affairs is to be taken to have existed, or not to have 22 existed, on and from a day that is earlier than the day on which 23 the regulations are published in the Gazette but not earlier than 24 the commencement day, the regulations have effect according to 25 their terms. 26 (5) In subsections (3) and (4) -- 27 specified means specified or described in the regulations. 28 (6) If regulations contain a provision referred to in subsection (4), 29 the provision does not operate so as -- 30 (a) to affect in a manner prejudicial to any person (other 31 than the State or an authority of the State) the rights of page 82 Teacher Registration Bill 2011 Repeals and transitional matters Part 8 Transitional provisions arising from the enactment of the Division 3 Teacher Registration Act 2011 s. 149 1 that person existing before the regulations were 2 published in the Gazette; or 3 (b) to impose liabilities on any person (other than the State 4 or an authority of the State) in respect of any thing done 5 or omitted to be done before the regulations were 6 published in the Gazette. page 83 Teacher Registration Bill 2011 Part 9 Amendments to other Acts Division 1 Western Australian College of Teaching Act 2004 amended s. 150 1 Part 9 -- Amendments to other Acts 2 Division 1 -- Western Australian College of Teaching Act 2004 3 amended 4 150. Western Australian College of Teaching Act 2004 amended 5 This Division amends the Western Australian College of 6 Teaching Act 2004. 7 151. Long title amended 8 In the long title delete the second, third and fourth dot points 9 and insert: 10 11 • provide for the winding-up of that College, 12 13 152. Section 3 replaced 14 Delete section 3 and insert: 15 16 3. Terms used 17 In this Act -- 18 Board means the Board established under section 7; 19 CEO has the meaning given in the Teacher 20 Registration Act 2011 section 3; 21 College means the Western Australian College of 22 Teaching established under section 5; 23 commencement day means the day on which the 24 Teacher Registration Act 2011 Part 9 Division 1 comes 25 into operation; 26 Teacher Registration Board Account means the 27 account referred to in the Teacher Registration 28 Act 2011 section 115. 29 page 84 Teacher Registration Bill 2011 Amendments to other Acts Part 9 Western Australian College of Teaching Act 2004 amended Division 1 s. 153 1 153. Section 7 amended 2 Delete section 7(2) and insert: 3 4 (2) The Board is constituted by the CEO. 5 6 154. Sections 9 to 13 deleted 7 Delete sections 9 to 13. 8 155. Section 15 amended 9 (1) In section 15(2): 10 (a) in paragraph (b) delete "information; and" and insert: 11 12 information. 13 14 (b) delete paragraph (c). 15 (2) Delete section 15(3). 16 156. Sections 16 to 18 replaced 17 Delete sections 16, 17 and 18 and insert: 18 19 16. Term used: residual affairs 20 In this Division -- 21 residual affairs means the affairs of the College in 22 respect of -- 23 (a) the real property held by the College under this 24 Act immediately before commencement day; 25 and 26 (b) any liabilities relating to that real property. page 85 Teacher Registration Bill 2011 Part 9 Amendments to other Acts Division 1 Western Australian College of Teaching Act 2004 amended s. 157 1 17. Function of College 2 (1) The function of the College is to manage and wind-up 3 its residual affairs. 4 (2) The College is to wind-up its residual affairs as soon as 5 is reasonably practicable after commencement day. 6 18. Powers of College 7 (1) The College may do all things that are necessary or 8 expedient for managing and winding-up its residual 9 affairs. 10 (2) Without limiting what may be done to wind-up its 11 residual affairs, the College is to -- 12 (a) dispose of the real property held by the College 13 under this Act immediately before 14 commencement day; and 15 (b) discharge any remaining liabilities relating to 16 that real property. 17 18 157. Sections 19 to 21 deleted 19 Delete sections 19 to 21. 20 158. Section 25 amended 21 (1) In section 25(1)(b) delete "a member, or members, of the Board 22 authorised by the College to do so." and insert: 23 24 the CEO. 25 26 (2) In section 25(3) delete "any 2 members of the Board and each 27 of them" and insert: 28 29 the CEO and the CEO page 86 Teacher Registration Bill 2011 Amendments to other Acts Part 9 Other Acts amended Division 2 s. 159 1 159. Section 26 replaced 2 Delete section 26 and insert: 3 4 26. Funds available to the College 5 (1) All moneys received by the College in performing its 6 function under this Act, including any proceeds from 7 the disposal of property, are to be credited to the 8 Teacher Registration Board Account. 9 (2) All expenditure incurred by the College for the 10 purposes of performing its function, including the 11 repayment of moneys borrowed by or advanced to the 12 College, is to be charged to the Teacher Registration 13 Board Account. 14 15 160. Sections 27 to 29 deleted 16 Delete sections 27 to 29. 17 161. Parts 4 to 9 deleted 18 Delete Parts 4 to 9. 19 162. Schedules 1 to 4 deleted 20 Delete Schedules 1 to 4. 21 Division 2 -- Other Acts amended 22 163. Children and Community Services Act 2004 amended 23 (1) This section amends the Children and Community Services 24 Act 2004. page 87 Teacher Registration Bill 2011 Part 9 Amendments to other Acts Division 2 Other Acts amended s. 164 1 (2) In section 124A in the definition of teacher delete 2 paragraphs (a) and (b) and insert: 3 4 (a) a person who is registered under the Teacher 5 Registration Act 2011; or 6 7 164. Constitution Acts Amendment Act 1899 amended 8 (1) This section amends the Constitution Acts Amendment Act 1899. 9 (2) In Schedule V Part 3 delete the item relating to The Western 10 Australian College of Teaching. 11 (3) In Schedule V Part 3 after the item relating to The Taxi Industry 12 Board insert: 13 14 The Teacher Registration Board of Western Australia 15 established under the Teacher Registration Act 2011. 16 17 165. Oaths, Affidavits and Statutory Declarations Act 2005 18 amended 19 (1) This section amends the Oaths, Affidavits and Statutory 20 Declarations Act 2005. 21 (2) In Schedule 2 delete item 42 and insert: 22 42. A person registered under the Teacher Registered teacher Registration Act 2011. 23 24 166. Occupational Therapists Act 2005 amended 25 (1) This section amends the Occupational Therapists Act 2005. page 88 Teacher Registration Bill 2011 Amendments to other Acts Part 9 Other Acts amended Division 2 s. 167 1 (2) Delete section 4(d) and insert: 2 3 (d) the practice of his or her profession by a person 4 who is registered under the Teacher 5 Registration Act 2011. 6 7 167. Prostitution Amendment Act 2008 amended 8 (1) This section amends the Prostitution Amendment Act 2008. 9 (2) Delete section 34. 10 168. Sentencing Act 1995 amended 11 (1) This section amends the Sentencing Act 1995. 12 (2) In Schedule 1 delete the item relating to the Western Australian 13 College of Teaching Act 2004. 14 (3) In Schedule 1 insert in alphabetical order: 15 Teacher Registration Teacher Registration Board Account Act 2011 16 17 169. Spent Convictions Act 1988 amended 18 (1) This section amends the Spent Convictions Act 1988. 19 (2) In Schedule 3 clause 1(3) in the Table -- 20 (a) in item 14 delete "section 7 of the Western Australian 21 College of Teaching Act 2004." and insert: 22 23 the Teacher Registration Act 2011 section 86. 24 25 (b) delete item 15; page 89 Teacher Registration Bill 2011 Part 9 Amendments to other Acts Division 2 Other Acts amended s. 170 1 (c) delete item 16 and insert: 2 16. A person who is registered, or who has applied for registration, under the Teacher Registration Act 2011. 3 4 (3) In Schedule 3 delete clause 1(4)(d) and insert: 5 6 (d) who has registered or is considering registering the 7 person. 8 170. State Administrative Tribunal Act 2004 amended 9 (1) This section amends the State Administrative Tribunal Act 2004. 10 (2) In Schedule 1 insert in alphabetical order: 11 12 Teacher Registration Act 2011 13 page 90 Teacher Registration Bill 2011 Defined Terms Defined Terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined Term Provision(s) accredited initial teacher education programme ...................................................3 application ............................................................................................................3 approved ...............................................................................................................3 assets.................................................................................................................135 Board ....................................................................................................................3 CEO ......................................................................................................................3 child ....................................................................................................................46 child care centre....................................................................................................3 child sex offender ...............................................................................................46 College..............................................................................................................135 commencement day ..........................................................................................135 committee .............................................................................................................3 complainant ..........................................................................................................3 complaint ..............................................................................................................3 condition ...............................................................................................................3 criminal record check ...........................................................................................3 currently teaching .............................................................................................135 Department ...........................................................................................................3 detention centre.....................................................................................................3 disciplinary committee..........................................................................................3 disciplinary matter ..............................................................................................46 document ....................................................................................................... 94(1) educational programme ........................................................................................3 educational venue .................................................................................................3 employer ...............................................................................................................3 final period................................................................................................... 143(1) final report ................................................................................................... 143(2) former Board.....................................................................................................135 impairment..........................................................................................................46 impairment matter...............................................................................................46 impairment review committee ..............................................................................3 information .................................................................................................... 94(1) inquiry...................................................................................................................3 insolvent ........................................................................................................ 96(3) interim disciplinary order .....................................................................................3 lawyer ...................................................................................................................3 liability..............................................................................................................135 medical practitioner ..............................................................................................3 nominee ..........................................................................................................3, 17 page 91 Teacher Registration Bill 2011 Defined Terms prescribed .............................................................................................................3 principal................................................................................................................3 professional standards...........................................................................................3 publish ..............................................................................................................116 register ..................................................................................................................3 register information (professional) ................................................................ 37(1) register information (public).......................................................................... 37(1) registered teacher ..................................................................................................3 registration ...........................................................................................................3 reviewable decision ..................................................................................... 124(2) right...................................................................................................................135 school................................................................................................................135 sexual offence .....................................................................................................46 sexual offence involving a child .....................................................................3, 46 specified....................................................................................................... 149(5) student...................................................................................................................3 teach......................................................................................................................3 teacher.................................................................................................................46 transitional matter ........................................................................................ 149(2) WACOT Act.....................................................................................................135
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