Teachers Registration Act 2000

Teachers Registration Act 2000

An Act to provide for the registration of teachers in Tasmania

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Teachers Registration Act 2000 .

2.   Commencement

The provisions of this Act commence on a day or days to be proclaimed.

3.   Interpretation

In this Act –

approved means approved by the Board;

Board means the Teachers Registration Board established under section 5 ;

certificate of limited authority means a certificate referred to in section 17(5) ;

certificate of registration means a certificate referred to in section 15 ;

committee of inquiry means a committee of inquiry appointed under section 21 ;

good character means good character as referred to in section 12(2) ;

inquiry means an inquiry held under Division 2 of Part 4 ;

limited authority means a limited authority referred to in section 17 ;

materials includes any publication, document, computer software, video, sound recording, film or photograph;

practising teacher means a registered teacher who is part of the teaching staff of a school;

provisional registration means provisional registration granted under section 16 ;

register means the register of teachers kept under section 25 ;

registered means registered under section 13 or 14 ;

registered teacher means a person –

(a) who is registered or provisionally registered; and

(b) whose name appears on the register;

registration means registration under section 13 or 14 ;

school means –

(a) a State school, college or other institution that provides educational instruction up to and including the final year of secondary education; and

(b) a school registered under the Education Act 1994 ;

student means a child or person enrolled at a school.

4.   Act binds Crown

(1)  This Act binds the Crown in right of Tasmania and, in so far as the legislative power of Parliament permits, in all its other capacities.

(2)  The Crown is not liable for prosecution for an offence under this Act, but an officer, employee or agent of the Crown is liable for prosecution for an offence under this Act.

PART 2 - Teachers registration board

5.   Establishment of Board

(1)  There is established a Teachers Registration Board consisting of the following persons appointed by the Minister:

(a) a chairperson;

(b) a practising teacher appointed from nominations by practising teachers in State schools and colleges;

(c) a person nominated by the Department;

(d) a person nominated by an organisation representing non-Catholic registered schools;

(e) a person nominated by an organisation representing Catholic school employers;

(f) a practising teacher in a State school nominated by the Australian Education Union (Tasmanian Branch);

(g) a practising teacher in a Catholic school nominated by the Tasmanian Catholic Education Employees’ Association;

(h) a practising teacher in a non-Catholic registered school nominated by the Tasmanian Independent School Teachers’ Association;

(i) a person nominated by the Faculty administering teacher education at the University of Tasmania who is teaching in that Faculty;

(j) a person nominated by parent groups involved in education who, at the time of appointment, is a parent or guardian of a student attending a Tasmanian school.

(2)  The Board is to appoint one of its members as deputy chairperson of the Board for a period not exceeding the period of that member's appointment as a member.

(3)  Schedule 1 has effect with respect to membership and meetings of the Board.

6.   General functions of Board

The functions of the Board are as follows:

(a) to register persons under this Act;

(b) to keep registration under review and make reports and recommendations to the Minister on the matter;

(c) to undertake relevant reviews and research projects;

(d) to promote the teaching profession;

(e) to develop and improve professional teaching standards;

(f) to develop and maintain a code of professional ethics for the teaching profession;

(g) to make recommendations to the Minister with respect to –

(i) special projects; and

(ii) the funding required to undertake those projects; and

(iii) the appointment of persons necessary to undertake or assist in the undertaking of those projects.

7.   Powers of Board

The Board may –

(a) produce any materials necessary to perform its functions; and

(b) enter into an agreement with any person or body to sell any materials it provides; and

(c) direct and control persons appointed to assist the Board in the performance of its functions; and

(d) do anything necessary or convenient to perform its functions.

8.   Staff

(1)  The Board may arrange with the Secretary of the Department for the services of persons employed in that department to be made available to the Board.

(2)  Subject to, and in accordance with, the Tasmanian State Service Act 1984 , persons may be appointed and employed for the purpose of this Act.

9.   Committees

The Board may establish committees consisting of members of the Board and any other persons the Board considers appropriate to assist the Board to perform its functions.

10.   Directions

(1)  The Minister may give the Board a written direction in relation to its powers and functions if the Minister is satisfied that it is necessary to do so in the public interest.

(2)  The Board is to comply with the Minister's direction.

PART 3 - Registration of teachers

11.   Applications

(1)  A person must not teach at a school unless the person –

(a) is registered; or

(b) has been granted provisional registration; or

(c) has a limited authority; or

(d) is under the direct supervision of a registered teacher.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 10 penalty units; and

(b) a subsequent offence, a fine not exceeding 20 penalty units.

(2)  An application for registration, provisional registration or a limited authority is to be –

(a) in an approved form; and

(b) accompanied by the prescribed fee; and

(c) lodged with the Board.

(3)  The Board may require a person to provide any further information it considers necessary to consider the application.

(4)  A person who is teaching before the commencement of this Act may –

(a) apply for registration, provisional registration or a limited authority to teach within a period of 12 months or any longer period the Minister determines after that commencement; and

(b) continue to teach during that period without being registered, having provisional registration or having a limited authority to teach.

12.   Criteria for registration

(1)  In order to be registered, a person is to satisfy the Board that –

(a) he or she –

(i) has successfully completed an approved course relating to teacher training and at least one year of full-time teaching to the satisfaction of the Board; or

(ii) has contributed to educational practice and has the education and experience that, in the opinion of the Board, are sufficient to warrant registration; or

(iii) has complied with any requirements of the Board during any period of provisional registration; and

(b) he or she is of good character.

(2)  In determining whether an applicant is of good character, the Board –

(a) is to take into account any conviction of, or charge made against, the applicant; and

(b) is to take into account any behaviour of the applicant that –

(i) does not satisfy a standard of behaviour generally expected of a teacher; or

(ii) is otherwise disgraceful or improper; or

(iii) shows that the applicant is unfit to be a teacher; and

(c) may take into account any other matter it considers relevant.

(3)  In taking into account any matter referred to in subsection (2) , the Board, if it is likely that it may not be satisfied that the person is of good character, is to give the applicant an opportunity to appear before it.

(4)  The applicant may appear before the Board accompanied by any other person.

13.   Registration

(1)  The Board is to register a person if it is satisfied as required under section 12 .

(2)  The period of registration is for a period of up to 2 years starting on 1 January in one year and ending on 31 December in the following year.

14.   Renewal of registration

(1)  A person may apply to the Board for renewal of registration.

(2)  An application is to be –

(a) in an approved form; and

(b) accompanied by satisfactory evidence of –

(i) ongoing competence; or

(ii) professional development undertaken; and

(c) accompanied by the prescribed fee.

(3)  The Board is to renew the registration of a person on payment of the prescribed fee if –

(a) satisfied that the person is of good character; and

(b) satisfied as to the evidence referred to in subsection (2)(b) .

15.   Certificate of registration

The Board is to issue a certificate of registration in an approved form to a person registered under section 13 or whose registration is renewed under section 14 .

16.   Criteria for provisional registration

(1)  The Board may grant provisional registration to a person who does not satisfy the requirements of section 12(1)(a) subject to any conditions it considers appropriate if it is satisfied that –

(a) the person –

(i) has qualifications or experience as determined by the Board; or

(ii) is able to obtain the qualifications and experience specified in section 12 ; and

(b) the person is of good character.

(2)  The period of provisional registration is any period the Board determines, not exceeding 2 years.

(3)  The Board may extend the period of provisional registration for one further period not exceeding 2 years.

(4)  The Board may cancel the provisional registration of a person –

(a) if the person fails to comply with a condition of the registration; or

(b) for any other reason the Board determines.

(5)  The Board may require a person granted provisional registration to submit a report in an approved form from the person's employer with respect to –

(a) the manner in which the person has performed teaching duties; and

(b) any recommendations as to the person's suitability for registration.

(6)  A recommendation for registration of a person granted provisional registration may be made by the employer of the person after the person has completed one year of teaching.

17.   Criteria for limited authority

(1)  The Board is to grant a person a limited authority to teach at any specified school in any specified subject if the Board is satisfied that the person –

(a) does not meet the requirements of section 12(1)(a) but has the appropriate skills or experience that an available registered teacher does not have; and

(b) has the required experience; and

(c) is of good character.

(2)  The period of a limited authority is any period the Board determines, not exceeding 2 years.

(3)  The Board may extend the period of a limited authority for any further periods, not exceeding 2 years.

(4)  The Board may cancel or suspend the limited authority of a person if –

(a) the person is convicted of an offence referred to in section 18(1) ; or

(b) it considers it appropriate to do so.

(5)  The Board is to issue a certificate of limited authority in an approved form to a person granted a limited authority.

PART 4 - Discipline and inquiries

Division 1 - Disciplinary provisions

18.   Disciplinary action on conviction

(1)  If a registered teacher is convicted in Tasmania of an indictable offence (whether upon indictment or summarily) or elsewhere of an offence which, if committed in Tasmania, would have been an indictable offence, the Board may –

(a) caution the teacher; or

(b) if of the opinion that the circumstances of the offence render the teacher unfit to teach –

(i) suspend the teacher’s registration for any period, and subject to any conditions, it considers appropriate; or

(ii) cancel the teacher's registration.

(2)  The Board, on suspending the registration of a teacher under subsection (1)(b)(i) , may substitute provisional registration for any period, and subject to any conditions, the Board thinks fit.

(3)  A registered teacher who is convicted in Tasmania (whether upon indictment or summarily) of an indictable offence or elsewhere of an offence which, if committed in Tasmania, would have been an indictable offence must give notice in writing to the Board within 28 days of that conviction of –

(a) that conviction; and

(b) the circumstances in which the offence was committed.

Penalty:  Fine not exceeding 10 penalty units.

Division 2 - Complaints and inquiry

19.   Complaints

(1)  A person, by notice in writing to the Board, may complain about the professional conduct of a person who is or was a registered teacher or has or had a limited authority.

(2)  The Board may dismiss a complaint if it considers it to be frivolous or vexatious.

(3)  The Board is to notify the contents of a complaint to –

(a) the person who is the subject matter of the complaint; and

(b) if the employer of the person is identifiable from the details of the complaint, the employer.

20.   Inquiries

(1)  The Board may determine to hold an inquiry in respect of –

(a) any matter relating to a person who is or was a registered teacher or has or had a limited authority; and

(b) any complaint made under section 19 .

(2)  The Board may –

(a) hold the inquiry itself; or

(b) appoint a committee of inquiry to hold the inquiry on its behalf.

(3)  The Board may also hold an inquiry in respect of a person who is or was a registered teacher or has or had a limited authority if it reasonably believes that –

(a) the person is incompetent in teaching and has been dismissed from employment or has resigned in circumstances that, in the opinion of the person's employer, call into question the person's competency to teach; or

(b) the person's registration in another State to teach has been cancelled or suspended; or

(c) the person's employment in another State to teach has been terminated because the person's employer was reasonably satisfied the person was not competent or fit to teach; or

(d) the person was registered or obtained a limited authority on the basis of false or misleading information; or

(e) the person is no longer of good character.

(4)  The Board may hold an inquiry in respect of a person only if reasonably satisfied that it is in the public interest to do so.

21.   Committee of inquiry

(1)  The Board may appoint a committee of inquiry consisting of –

(a) one person who is a member of the Board; and

(b) 4 other persons who are registered teachers.

(2)  A committee of inquiry is to hold an inquiry subject to this Act and in accordance with any directions of the Board.

22.   Conduct of inquiry

(1)  If the Board determines that an inquiry is to be held in respect of a person who is or was a registered teacher or has or had a limited authority, it is to serve the person with a notice of the proposed inquiry.

(2)  The notice is to state the following:

(a) the nature and details of any matter of the proposed inquiry;

(b) the date on which and the time and place at which it is to be held;

(c) whether the inquiry is to be held by the Board or a committee of inquiry;

(d) the full names of the members of the committee of inquiry;

(e) that the person may submit to the Board within 14 days of service of the notice a statement in writing –

(i) admitting to, or refuting, the substance of any matter to be inquired into; or

(ii) notifying the Board of the intention to appear in person.

(3)  A person may be represented by any other person at an inquiry.

23.   Committee to report to Board

(1)  A committee of inquiry, on completion of the inquiry, is to report its findings and recommendations to the Board.

(2)  The Board, in making any decision in relation to the inquiry, is to take any findings and recommendations of the committee of inquiry into consideration.

24.   Decisions

The Board may make any of the following decisions as a result of an inquiry:

(a) caution the person;

(b) suspend the person's registration or limited authority for any period, and subject to any conditions, it considers appropriate;

(c) cancel the person's registration or limited authority;

(d) determine that the person –

(i) is unfit to be a teacher; or

(ii) is not of good character;

(e) determine that the complaint or matter being inquired into is without substance.

PART 5 - Miscellaneous

25.   Register

(1)  The Board is to keep a register of –

(a) persons who are registered teachers; and

(b) persons who have a limited authority.

(2)  The register is to contain the following particulars:

(a) full name and any former name;

(b) residential address;

(c) date of birth;

(d) qualifications;

(e) teaching experience at time of application;

(f) registration number;

(g) category of registration;

(h) date of registration;

(i) particulars of any suspension of registration;

(j) any other particulars the Board determines.

(3)  A person must notify the Board of any change in any particulars of that person entered in the register within 60 days of that change occurring.

Penalty:  Fine not exceeding 2 penalty units.

(4)  The Board, on request, may make available only the particulars of the register referred to in subsection (2)(a) , (f) and (g) .

26.   Removal of name from register

The Board may remove the name of a person from the register if –

(a) the person has died; or

(b) the person requests that his or her name be removed from the register; or

(c) the registration is cancelled under section 18 or section 24 ; or

(d) the person has not applied for renewal of registration under section 14 ; or

(e) a limited authority is cancelled under section 17 or section 24 .

27.   Employing unregistered persons

A person must not employ or engage a person to teach if that person is not a registered teacher or does not have a limited authority.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 50 penalty units; or

(b) a subsequent offence, a fine not exceeding 100 penalty units and a daily penalty of 10 penalty units for each day during which the offence continues.

28.   Notification of decision

The Board is to give a person notice in writing of –

(a) any decision it makes that affects that person or a person employed by that person; and

(b) the reasons for that decision.

29.   Appeals

(1)  A person may appeal to a magistrate against a decision of the Board within 28 days after receipt of a notice under section 28 .

(2)  In determining an appeal, a magistrate may –

(a) confirm the decision of the Board; or

(b) set aside the decision of the Board; or

(c) set aside the decision of the Board and substitute any other decision; or

(d) order the Board to take any action under section 18 or 26 .

30.   Assistance to Board

A person, if required to do so, must assist the Board in holding an inquiry.

Penalty:  Fine not exceeding 2 penalty units.

31.   Notice of dismissal and resignation

An employer must notify the Board of –

(a) the dismissal of any person who is a registered teacher or has a limited authority employed by the employer within 28 days after the dismissal; and

(b) the resignation of a person who is a registered teacher employed by the employer in circumstances that question the suitability of the person to teach within 28 days after the resignation.

Penalty:  Fine not exceeding 10 penalty units.

32.   Annual returns

An authorised person on behalf of the employer must provide the Board with a return in an approved form of all persons teaching at the school as at 1 July each year.

Penalty:  Fine not exceeding 5 penalty units.

33.   Annual report

The Board is to submit an annual report to the Minister by 30 September in each year on its activities for the previous financial year.

34.   Accounts and audit

(1)  The Board is to –

(a) keep proper accounts and records in relation to all its operations; and

(b) ensure all payments made by it are correctly made and properly authorised; and

(c) ensure that adequate control is maintained over –

(i) any assets of, or in the custody of, the Board; and

(ii) the incurring of liabilities of the Board.

(2)  The accounts and financial records of the Board are subject to the Financial Management and Audit Act 1990 .

(3)  The Board, on or before 31 August in each year, is to –

(a) prepare financial statements with respect to the preceding financial year in the form, and containing the information, determined by the Treasurer; and

(b) provide the Auditor-General with the financial statements.

35.   Immunity from liability

Any person or member of the Board is not personally liable for an honest act or omission done or made in the exercise or purported exercise of a power, or in the performance or purported performance of a function, under this Act.

36.   False and misleading statements

A person, in giving any information under this Act, must not –

(a) make a statement knowing it to be false or misleading; or

(b) omit any matter knowing that without that matter the information is misleading.

Penalty:  Fine not exceeding 10 penalty units.

37.   Replacement certificates

The Board, on payment of a prescribed fee, may issue a replacement certificate of registration or certificate of limited authority if satisfied that the original certificate is lost or misplaced.

38.   Fees, penalties and charges payable to Board

(1)  Any penalties, fees and charges under this Act are payable to the Board.

(2)  The Board may waive payment of all or part of any fee or charge payable to it under this Act.

39.   Regulations

(1)  The Governor may make regulations for the purpose of this Act.

(2)  Regulations made under this section may impose fees and charges in respect of –

(a) any application for registration, provisional registration or a limited authority; and

(b) any assessment of any of those applications; and

(c) any verification of qualifications; and

(d) any annual fees relating to registrations and limited authorities; and

(e) any late payment of fees; and

(f) any costs relating to the conduct of an inquiry or investigation; and

(g) any entry in the register; and

(h) any other service provided by the Board.

(3)  Regulations may be made so as to apply differently according to matters, limitations or restrictions, whether as to time, circumstance or otherwise, specified in the regulations.

(4)  The regulations may authorise any matter to be from time to time determined, applied or regulated by the Board.

40.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Education; and

(b) the department responsible to the Minister for Education in relation to the administration of this Act is the Department of Education.

SCHEDULE 1 - Membership and meetings of Board

Section 5(3)

1.   Interpretation

In this Schedule,

member means a member of the Board.

2.   Term of office

A member is to be appointed for the period, not exceeding 3 years, specified in the instrument of appointment.

3.   Conditions of appointment

(1) A member is entitled to be paid any remuneration and allowances the Minister determines.

(2) A member holds office on any conditions specified in the instrument of appointment.

4.   Holding other office

The holder of an office who is required under any Act to devote the whole time to the duties of that office is not disqualified from –

(a) holding that office in conjunction with the office of a member; or

(b) accepting any remuneration payable to a member.

5.   Resignation

A member may resign by signed notice given to the Minister.

6.   Removal of member

The Minister may remove a member from office –

(a) if the member is convicted of an offence under this Act; or

(b) if the member is convicted elsewhere of an indictable offence or an offence which, if committed in Tasmania, would be an indictable offence; or

(c) if the member becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for their benefit; or

(d) if the Minister considers that the member is unable to perform adequately or competently the functions of the member's office; or

(e) if the member has been absent for 3 consecutive meetings of the Board without the permission of the Board; or

(f) for any other just cause or excuse.

7.   Filling of vacancies

(1) A member vacates office if the member –

(a) dies; or

(b) resigns; or

(c) is removed from office under clause 6 .

(2) If the office of a member becomes vacant, the Minister may appoint to the vacant office for the remainder of that member's term of office a person who is nominated by the same body or association as was that member.

8.   Defect not invalidate appointment

An appointment of a person as a member is not invalid merely because of a defect or irregularity in relation to the appointment.

9.   Presumptions

In any proceedings by or against the Board, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Board; or

(b) any resolution of the Board; or

(c) the appointment of any member; or

(d) the presence of a quorum at any meeting of the Board.

10.   Convening of meetings

A meeting of the Board is to be convened by the chairperson of the Board or by any 3 members.

11.   Presiding at meetings

(1) The chairperson of the Board presides at all meetings of the Board at which he or she is present.

(2) If the chairperson of the Board is not present at a meeting of the Board, a member chosen by the members present at the meeting is to preside.

12.   Quorum and voting at meetings

(1) A quorum at any duly convened meeting of the Board is 6 members.

(2) At a meeting of the Board –

(a) the member presiding has a deliberative vote only; and

(b) a question is decided –

(i) by a majority of votes of the members present and voting; or

(ii) in the negative if there is an equality of votes of the members present and voting.

13.   Minutes

The Board is to –

(a) cause full and accurate minutes to be kept of its proceedings at meetings; and

(b) submit to the Minister a copy of the minutes of each meeting within 14 days after the date on which the meeting is held.

14.   Conduct of meetings

Subject to this Act, the Board may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.

15.   Validity of proceedings

(1) Any act or proceeding of the Board or of a person acting under the direction of the Board is not invalid by reason only that, at the time when the act or proceeding was done, taken or commenced, there was a vacancy in the membership of the Board.

(2) Any act or proceeding of the Board or of a person acting under the direction of the Board is valid even if –

(a) the appointment of a member of the Board was defective; or

(b) a person appointed as a member of the Board was disqualified from acting as, or incapable of being, such a member.

[Second reading presentation speech made in:

House of Assembly on 14 NOVEMBER 2000

Legislative Council on 22 NOVEMBER 2000]