TEACHER REGISTRATION ACT 2012

Western Australian Current Acts

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TEACHER REGISTRATION ACT 2012

TABLE OF PROVISIONS

Long Title

PART 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used
4. Crown bound
5. Best interests of children paramount

PART 2 -- Teaching by unregistered persons and related offences

6. Requirement to be registered
7. Requirements in relation to appointing, employing or engaging registered teachers or giving permission to teach
8. Registered teachers must comply with suspension and conditions on registration
9. Pretending to be registered or entitled to teach

PART 3 -- Registration of teachers

Division 1 -- Registration of teachers

Subdivision 1 -- Registration applications

10. Application for registration
11. Application for renewal of registration
12. Applicant for limited registration is employer
12A. Application to change category of registration
13. Information in support of registration application
14. Board may refuse to consider some registration applications

Subdivision 2 -- Requirements for registration

16. Provisional (returning teacher) registration: requirements
16A. Provisional (graduate teacher) registration: requirements
17. Limited registration: requirements
18. Non-practising registration: requirements
18A. Teaching qualification requirements
19. Only natural persons may be registered as teachers
20. Professional standards
20A. Professional learning activities policy

Subdivision 3 -- Registration

21. Grant of registration
22. Renewal of registration
22A. Change of category of registration
23. Duration of full registration or provisional registration
23A. Duration of limited registration
23B. Duration of limited registration when teaching position ends
23C. Duration of non-practising registration
24. Who is a fit and proper person

Subdivision 4 -- Conditions and cancellation

25. Conditions generally
26. Conditions imposed by the Board
26A. Condition of non-practising registration
27. Cancellation of registration by Board
28. Cancellation of registration at teacher’s request

Subdivision 5 -- Notice of decisions and opportunity to show cause why some decisions should not be made

29. Notice of decisions on registration must be given
30. Notice of decisions to impose, modify or cancel a condition made during currency of registration
31. Notice of cancellation or reinstatement of registration must be given
32. Board to give reasonable opportunity to show cause why some decisions should not be made

Subdivision 6 -- General provisions

33. Effect of cancellation of registration
35. Annual fees

Division 2 -- The register

36. Register of teachers to be kept
37. Inspection of register

PART 4 -- Board to be given notice, and may obtain criminal history checks, in some circumstances

Division 1 -- Notices to be given

Subdivision 1 -- Notices to be given by registered teachers

38. Notice about legal actions
39. Notice about loss of qualifications
40. Notice about working with children notices and assessments

Subdivision 2 -- Notices to be given by other persons

41. Commissioner of Police must give notice about prosecutions of registered teachers
41A. Commissioner of Police may give notice about victims and witnesses in relation to prosecutions of registered teachers
41B. DPP must give notice about prosecutions of registered teachers
42. Employers must give notice when teachers cease teaching in cases of serious incompetence or misconduct
42A. No liability for disclosing information

Division 2 -- Criminal history checks

43. Board may request consent to obtain criminal history check
44. Criminal history check

Division 3 -- Board to consider notices and criminal history checks received

45. Action to be taken by Board on receiving notice or criminal history check

PART 5 -- Disciplinary matters, impairment matters and investigations

Division 1 -- Preliminary

46. Terms used
47. Disciplinary matters
48. Impairment matters
48A. Serious incompetence
48B. Serious misconduct
48C. Board’s powers of investigation
48D. Protection for compliance with direction

Division 2 -- Disciplinary committee and impairment review committee

49. Disciplinary committee
50. Impairment review committee

Division 3 -- Complaints, assessments and investigations

51. Making a complaint
51A. Complaints formulated by Board
51B. Assessments and investigations
52. Teacher must be notified of complaint

Division 4 -- Dealing with and referring complaints

53. Dealing with and referring complaints
54. Board to provide report to committee
55. Committee may make requests or recommendations to Board about complaints
57. Complaints without substance

Division 5 -- Interim orders

58. Interim orders generally
59. Interim orders may be made if teacher poses risk of harm
60. Interim orders must be made if teacher charged with actionable offence
61. Matters for which interim orders made must be referred to Tribunal

Division 6 -- Role of disciplinary committee

Subdivision 1 -- Initial assessment of complaints

62. Initial assessment

Subdivision 2 -- Inquiries

63A. Hearings
64. Inquiry: procedure and evidence
65. Rights of teacher as to evidence and witnesses
66. Evidence and findings in other proceedings
67. Representation at inquiry
68. Inquiry powers
68A. Failure to comply with direction
68B. Protection for compliance with direction
68C. Disruption of inquiry
68D. Immunity for person performing inquiry functions
69. Record of inquiry
70. Decision of disciplinary committee after inquiry

Division 7 -- Role of impairment review committee

Subdivision 1 -- Initial assessment of complaints and other matters

71. Initial assessment
72. Complaints must be dismissed when registration is cancelled or ends

Subdivision 2 -- Inquiries

73. Impairment review committee may conduct inquiry into certain complaints
74. Registered teacher must be notified about inquiry
74A. Hearings
75. Impairment matter: procedure and evidence
75A. Rights of teacher as to evidence and witnesses
75B. Representation in relation to impairment matters
75C. Immunity for person performing inquiry functions
76. Health assessments
77. Report of health assessment must be given to impairment review committee and teacher
77A. Powers when dealing with impairment matters
77B. Failure to comply with direction
77C. Protection for compliance with direction
77D. Disruption of inquiry
77E. Immunity for person performing inquiry functions
77F. Record of inquiry
78. Decision of impairment review committee after inquiry
79. Recommendation
80. Decision of Board after consideration of recommendation of impairment review committee

Subdivision 3 -- Imposing or modifying conditions in relation to complaints about impairment matters

81. Imposing or modifying conditions
82. Cancellation of condition

Division 8 -- Tribunal

Subdivision 1 -- Referrals to Tribunal

83. Complaints and matters referred to Tribunal

Subdivision 2 -- Tribunal

84. Jurisdiction of Tribunal
84A. Health assessments ordered by Tribunal
84B. Interlocutory orders to suspend registered teachers

Division 9 -- Notice of orders and decisions made under this Part

85. Notice of orders and decisions made under this PART

PART 6 -- Teacher Registration Board

Division 1 -- Establishment

86. Board established
87. Membership of Board
88. Remuneration and allowances

Division 2 -- Functions and powers

89. Functions
90. Powers
91. Delegation by Board

Division 3 -- Staff and services

92. Staff and services

Division 4 -- Relationship of Board with Minister

93. Directions by Minister
94. Minister to have access to information

Division 5 -- Constitution and proceedings of Board

Subdivision 1 -- General provisions

95. Term of office
96. Casual vacancies
97. Deputy chairperson acting as chairperson
98. Alternate members
99. Holding meetings
100. Quorum
101. Presiding at meetings
102. Procedure at meetings
103. Voting
104. Holding meetings remotely
105. Resolution without meeting
106. Minutes
107. Committees

Subdivision 2 -- Disclosure of interest

108. Disclosure of interest
109. Voting by interested Board member
110. Section 109 may be declared inapplicable
111. Quorum where section 109 applies
112. Minister may declare sections 109 and 111 inapplicable

Division 6 -- General

113. Execution of documents by Board
114. Annual report of Board
115. Teacher Registration Board Account

PART 7 -- Miscellaneous

Division 1 -- Publishing and using information

116. Term used: publish
117. Confidentiality of information
118. Publication of information
118A. Provision of information to Australian Teacher Workforce Data Initiative

Division 1A -- Accreditation standards

118B. Accreditation standards

Division 2 -- Legal proceedings

119. Legal proceedings
120. Evidence Act 1906 not affected
121. Evidentiary matters
122. Evidentiary certificate
123. Recovery of amounts due

Division 3 -- Review by Tribunal

124. Review by Tribunal of certain decisions

Division 4 -- Other matters

125. Relationship with Equal Opportunity Act 1984
126. Protection from liability
127. False or misleading information
128. Regulations
129. Forms
130. Review of Act in relation to Teacher Registration Amendment Act 2023

PART 8 -- Repeals and transitional matters

Division 1 -- Interpretation Act 1984 not affected

131. Interpretation Act 1984 not affected

Division 2 -- Repeals

132. Western Australian College of Teaching Act 2004 repealed
133. Western Australian College of Teaching Regulations 2004 repealed
134. Western Australian College of Teaching (Elections) Regulations 2007 repealed

Division 3 -- Transitional provisions arising from the enactment of the Teacher Registration Act 2012

Subdivision 1 -- Terms used

135. Terms used

Subdivision 2 -- Registration

136. Current registration continues
137. Registration of persons not currently registered at commencement day

Subdivision 3 -- Former Board abolished

138. Former Board abolished
139. Unfinished proceedings

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
141. Transfer of assets, liabilities, etc.
142. Winding-up
143. Final report
144. Records etc. to be delivered to CEO

Subdivision 5 -- Staff under WACOT Act

145. Staff under WACOT Act -- transition of employment

Subdivision 6 -- Other matters

146. Disciplinary proceedings
147. Orders made under WACOT Act
148. References to College or former Board
149. Transitional regulations

Division 4 -- Application of Act to individual who was WACOT teacher

149A. Terms used
149B. Application of Act to individual who was WACOT teacher

PART 8A -- Transitional provisions for Teacher Registration Amendment Act 2023

Division 1 -- Preliminary

149C. Terms used
149D. Application of Interpretation Act 1984 not affected

Division 2 -- Applications undecided before commencement day

149E. Applications for full registration
149F. Applications for full registration renewal
149G. Applications for provisional registration
149H. Applications for provisional registration renewal
149I. Applications for limited registration
149J. Applications for limited registration renewal
149K. Applications for non-practising registration
149L. Applications for extension of non-practising registration
149M. Fit and proper person

Division 3 -- Registration

149N. Teachers holding full registration before commencement day
149O. Teachers holding provisional registration before commencement day
149P. Teachers holding non-practising registration who notified Board they commenced teaching before commencement day
149Q. Teachers holding non-practising registration who had not notified Board they commenced teaching before commencement day
149R. Teachers holding limited registration before commencement day

Division 4 -- Professional standards, professional learning activities policy and accreditation standards

149S. Professional standards, professional learning activities policy and accreditation standards before commencement day repealed

Division 5 -- Investigations, complaints, inquiries, proceedings and other matters

149T. Conduct before commencement day
149U. Investigations commenced before commencement day
149V. Complaints made before commencement day
149W. Interim disciplinary orders made before commencement day
149X. Inquiries commenced before commencement day by disciplinary committee
149Y. Complaints referred to impairment review committee before commencement day
149Z. Complaints referred to Tribunal before commencement day
149ZA. Disqualifications ordered before commencement day
149ZB. Employers to give notice when teachers cease teaching in cases of serious incompetence or misconduct

Division 6 -- Transitional regulations

149ZC. Transitional regulations

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
151. Long title amended
152. Section 3 replaced
3. Terms used 157
153. Section 7 amended
154. Sections 9 to 13 deleted
155. Section 15 amended
156. Sections 16 to 18 replaced
16. Term used: residual affairs 158
17. Function of College 159
18. Powers of College 159
157. Sections 19 to 21 deleted
158. Section 25 amended
159. Section 26 replaced
26. Funds available to the College 160
160. Sections 27 to 29 deleted
161. Parts 4 to 9 deleted
162. 1 to 4 deleted

Division 2 -- Other Acts amended

163. Children and Community Services Act 2004 amended
164. Constitution Acts Amendment Act 1899 amended
165. Oaths, Affidavits and Statutory Declarations Act 2005 amended
167. Prostitution Amendment Act 2008 amended
168. Sentencing Act 1995 amended
169. Spent Convictions Act 1988 amended
170. State Administrative Tribunal Act 2004 amended
Other notes
Defined terms

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