Teachers Registration Act 2000
An Act to provide for the registration of teachers in Tasmania
[Royal Assent 20 December 2000]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Teachers Registration Act 2000 .
The provisions of this Act commence on a day or days to be proclaimed.
In this Act –[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] amend means insert matter, omit matter or omit matter and substitute other matter;approved means approved by the Board;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] Board means the Teachers Registration Board of Tasmania referred to in section 5 ;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013][Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] certificate of registration means a certificate issued under section 15 ;committee of inquiry means a committee of inquiry appointed under section 21 ;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] complaint means a complaint made under section 19 ;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] corresponding registration authority means a person, body, department or other authority in another jurisdiction within Australia or in New Zealand that is responsible under the law of that jurisdiction for the registration, licensing or other approval of teachers;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Amended by No. 9 of 2022, s. 144, Applied:01 Jul 2023][Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] fit to be a teacher means fit to be a teacher as determined under section 17K ;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] full registration means full registration granted under section 13 or 14 or renewed under section 17A ;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] fully registered, in relation to a person, means that the person –(a) has been granted full registration under section 13 or 14 or had his or her full registration renewed under section 17A ; and(b) [Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] holds a current certificate of registration in relation to that grant or renewal of full registration;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] good character means good character as determined under section 17J ;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] hearing means a hearing held under section 22C as part of an inquiry;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] holder of a limited authority means a person who holds a current notice of limited authority;inquiry means an inquiry held under Division 2 of Part 4 ;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010][Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] limited authority means a limited authority granted under section 17D or extended under section 17H ;materials includes any publication, document, computer software, video, sound recording, film or photograph;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] notice of limited authority means a notice referred to in section 17E ;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] one full-time equivalent year of teaching means –(a) one year of full-time teaching; or(b) part-time teaching equivalent to one year of full-time teaching; or(c) a combination of full-time and part-time teaching equivalent to one year of full-time teaching;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 3 Amended by No. 47 of 2016, s. 22, Applied:10 Jul 2017] [Section 3 Amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] practising teacher means a registered teacher who is employed as a member of the teaching staff of a school;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] prescribed offence means –[Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013](a) an offence, committed in Tasmania, in respect of which a sentence of imprisonment may be imposed (whether or not such sentence is imposed); or(b) an offence, committed elsewhere, in respect of which, if the offence had been committed in Tasmania, a sentence of imprisonment may have been imposed (whether or not such sentence is imposed);[Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] provisionally registered, in relation to a person, means that the person –(a) has been granted provisional registration under section 13 , whether on the determination of an application under section 12 or pursuant to section 17A(5) ; and(b) holds a current certificate of registration in relation to that grant of provisional registration;[Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] provisional registration means provisional registration granted under section 13 , whether on the determination of an application under section 12 or pursuant to section 17A(5) ;[Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] register means –(a) a register of registered teachers, or a register of holders of limited authorities, kept under section 25 ; or(b) in relation to a person, register the person as fully registered, provisionally registered or specialist vocational education and training registered;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] register of holders of limited authorities means a register of holders of limited authorities kept under section 25 ;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] register of teachers means a register of registered teachers kept under section 25 ;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Amended by No. 47 of 2016, s. 22, Applied:10 Jul 2017][Section 3 Amended by No. 47 of 2016, s. 22, Applied:10 Jul 2017] registered school has the same meaning as in the Education Act 2016 ;registered teacher means a person –(a) [Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] who is fully registered, provisionally registered or specialist vocational education and training registered; and(b) [Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] whose name appears on the register of teachers;[Section 3 Amended by No. 9 of 2022, s. 144, Applied:01 Jul 2023] Registrar means the Registrar appointed under section 7C ;[Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] registration means full registration, provisional registration or specialist vocational education and training registration;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Amended by No. 45 of 2008, Sched. 1, Applied:01 Jan 2009][Section 3 Amended by No. 45 of 2008, Sched. 1, Applied:01 Jan 2009] [Section 3 Amended by No. 47 of 2016, s. 22, Applied:10 Jul 2017] school has the same meaning as in the Education Act 2016 ;[Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] specialist vocational education and training registered, in relation to a person, means a person who –(a) has been granted specialist vocational education and training registration under section 13 or has had his or her specialist vocational education and training registration renewed under section 17A ; and(b) holds a current certificate of registration in relation to that grant or renewal of specialist vocational education and training registration;[Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] specialist vocational education and training registration means specialist vocational education and training registration granted under section 13 or renewed under section 17A ;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Amended by No. 47 of 2016, s. 22, Applied:10 Jul 2017][Section 3 Amended by No. 47 of 2016, s. 22, Applied:10 Jul 2017] State school has the same meaning as in the Education Act 2016 ;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 3 Amended by No. 47 of 2016, s. 22, Applied:10 Jul 2017] [Section 3 Amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] student means a child or person enrolled at a school;[Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] [Section 3 Amended by No. 47 of 2016, s. 22, Applied:10 Jul 2017] [Section 3 Amended by No. 79 of 2009, s. 4, Applied:01 Jan 2010] [Section 3 Amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] [Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013][Section 3 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] Tasmanian Polytechnic means the Tasmanian Polytechnic continued under section 5 of the Education and Training (Tasmanian Polytechnic) Act 2008 ;[Section 3 Amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022][Section 3 Amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] TasTAFE means TasTAFE as continued by the TasTAFE (Skills and Training Business) Act 2021 .
[Section 4A Inserted by No. 9 of 2022, s. 145, Applied:01 Jul 2023] A person performing a function, action or duty, or exercising a power, under this Act is to have regard to the principles set out in section 4(1) of the Education Act 2016 .
(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 of Tasmania
[Section 5 Subsection (1) amended by No. 45 of 2008, Sched. 1, Applied:01 Jan 2009] [Section 5 Substituted by No. 79 of 2009, s. 6, Applied:01 Jan 2010](1) The Teachers Registration Board established by this Act as in force immediately before the commencement of the Teachers Registration Amendment Act 2009 is continued as the Teachers Registration Board of Tasmania.(2) The Board –(a) is a body corporate with perpetual succession; and(b) may have a seal; and(c) may sue and be sued in its corporate name.(3) If the Board has a seal –(a) it is to be kept and used as authorised by the Board; and(b) all courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Board.
[Section 6 Substituted by No. 79 of 2009, s. 6, Applied:01 Jan 2010] [Section 6 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 6 Subsection (1) amended by No. 47 of 2016, s. 23, Applied:10 Jul 2017] [Section 6 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 6 Subsection (1) amended by No. 47 of 2016, s. 23, Applied:10 Jul 2017] [Section 6 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 6 Subsection (1) amended by No. 47 of 2016, s. 23, Applied:10 Jul 2017] [Section 6 Subsection (1) amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] [Section 6 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 6 Subsection (1) amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] [Section 6 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 6 Subsection (1) amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] [Section 6 Substituted by No. 9 of 2022, s. 146, Applied:01 Jul 2023](1) The Board consists of such number of members, including the chairperson, not exceeding 7 but not fewer than 5, as the Minister appoints.(2) Before appointing a member under subsection (1) , the Minister is to give notice so that persons interested in being members may provide written expressions of interest to the Minister.(3) Notice given under subsection (2) –(a) is to be given by publication in one or more daily newspapers published and circulating in the State; and(b) may be given –(i) by publication in a journal, periodical or other document; and(ii) by publication or broadcast, by means of the internet, in any format; and(iii) in print, or electronic communication meant for one or more persons.(4) In appointing members under subsection (1) , the Minister –(a) is to ensure that the members –(i) collectively, have the following skills:(A) general board governance skills;(B) skills relevant to the Board's functions;(C) relevant teaching skills and experience as a practicing teacher; and(ii) represent the diversity of the community; and(iii) each hold a current registration under the Registration to Work with Vulnerable People Act 2013 ; and(b) is to have regard to all expressions of interest provided to the Minister under subsection (2) ; and(c) may have regard to advice sought from an advisory council established under section 249 of the Education Act 2016 ; and(d) may have regard to advice from any existing members of the Board regarding the skills required.(5) The Minister is to appoint a chairperson.(6) Schedule 1 has effect with respect to membership and meetings of the Board.
[Section 6A Inserted by No. 79 of 2009, s. 6, Applied:01 Jan 2010] The Board has the following functions:(a) [Section 6A Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] to register persons under this Act;(b) to grant limited authorities to persons under this Act;(c) to promote the teaching profession;(d) to investigate complaints made under this Act;(e) to conduct investigations, inquiries and hearings for the purposes of this Act including, without limitation –(i) investigations into complaints; and(ii) investigations to determine whether persons have contravened this Act;(f) if appropriate, to take disciplinary action under this Act in relation to persons who are or were registered teachers or holders of limited authorities;(g) [Section 6A Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] to approve teacher education courses the successful completion of which satisfies a criterion for registration;(h) to develop and improve teaching standards;(i) to maintain a code of professional ethics for the teaching profession;(j) to undertake relevant reviews and research projects, and to make recommendations to the Minister in relation to the funding of those reviews and projects and the appointment of persons necessary to enable the successful undertaking of those reviews and projects, as appropriate;(k) to confer and collaborate with corresponding registration authorities for the purposes of –(i) ensuring effective exchange of information within Australia and New Zealand; and(ii) promoting consistency in the regulation of the teaching profession within Australia and New Zealand;(l) to investigate and recommend the prosecution of offences against this Act;(m) any other functions imposed by this or any other Act.
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.
7A. Board to consider best interests of students
[Section 7A Inserted by No. 79 of 2009, s. 7, Applied:01 Jan 2010] In performing its functions and exercising its powers, the Board must consider the welfare and best interests of students to be of paramount importance.
7AA. Performance and exercise of functions and powers
[Section 7AA Inserted by No. 9 of 2022, s. 147, Applied:01 Jul 2023](1) In this section –education regulator has the same meaning as in the Education Act 2016 .(2) In performing functions and exercising powers under this Act, the Board, staff made available to the Board under section 8 and any committee established by the Board are to have regard to any principles of education regulator best practice specified in a Ministerial instruction issued under section 6 of the Education Act 2016 for the purposes of this section.
[Section 7AB Inserted by No. 9 of 2022, s. 147, Applied:01 Jul 2023](1) The Board is responsible –(a) to the Minister, in relation to any functions and powers performed and exercised under sections 6A and 7 ; and(b) to the Secretary of the Department in relation to all other functions and powers performed and exercised by the Board in accordance with this or any other Act.(2) Despite subsection (1) , neither the Minister nor the Secretary of the Department may direct the Board in relation to an individual decision made under the Act.
[Section 7B Inserted by No. 79 of 2009, s. 7, Applied:01 Jan 2010] [Section 7B Substituted by No. 9 of 2022, s. 148, Applied:01 Jul 2023](1) The Board may delegate any of its functions, duties or powers under this or any other Act, other than this power of delegation.(2) The Registrar may delegate to a State Service officer or State Service employee employed in the Department any of his or her functions, duties or powers under this or any other Act, including a function, duty or power delegated to him or her by the Board, other than this power of delegation.
[Section 7C Inserted by No. 79 of 2009, s. 7, Applied:01 Jan 2010] [Section 7C Substituted by No. 9 of 2022, s. 148, Applied:01 Jul 2023] The Secretary of the Department may appoint a State Service officer or State Service employee employed in the Department, other than a member of the Board, to be the Registrar and that State Service officer or State Service employee may hold the office of Registrar in conjunction with his or her other State Service employment.
7D. Role, functions and powers of Registrar
[Section 7D Inserted by No. 79 of 2009, s. 7, Applied:01 Jan 2010](1) [Section 7D Subsection (1) amended by No. 9 of 2022, s. 149, Applied:01 Jul 2023] The Registrar is responsible to the Board for the general administration and management of the Board.(2) [Section 7D Subsection (2) amended by No. 9 of 2022, s. 149, Applied:01 Jul 2023] The Registrar –(a) [Section 7D Subsection (2) amended by No. 9 of 2022, s. 149, Applied:01 Jul 2023] must perform any functions, and may exercise any powers, delegated to the Registrar by the Board; and(b) [Section 7D Subsection (2) amended by No. 9 of 2022, s. 149, Applied:01 Jul 2023] must perform any other functions imposed on, and may exercise any other powers granted to, the Registrar by this or any other Act.(3) [Section 7D Subsection (3) amended by No. 9 of 2022, s. 149, Applied:01 Jul 2023] The Registrar may delegate any of his or her functions or powers under this Act other than this power of delegation.(4) [Section 7D Subsection (4) inserted by No. 9 of 2022, s. 149, Applied:01 Jul 2023] The Registrar is responsible –(a) to the Board, in relation to any functions or powers delegated under subsection (2)(a) ; and(b) to the Secretary of the Department, in relation to all other functions and powers performed and exercised by the Registrar in accordance with this or any other Act.
[Section 8 Subsection (2) amended by No. 9 of 2003, Sched. 1, Applied:16 Apr 2003] [Section 8 Substituted by No. 9 of 2022, s. 150, Applied:01 Jul 2023] The Board may arrange with the Secretary of the Department for State Service officers and State Service employees employed in the Department to be made available to enable the Board to perform and exercise its functions and powers.
[Section 9 Substituted by No. 9 of 2022, s. 150, Applied:01 Jul 2023](1) The Board may establish one or more committees to advise and assist the Board in the performance and exercise of its functions and powers under this Act or any other Act.(2) A committee established under this section consists of such persons as the Board appoints.(3) A member of the Board may be a member of a committee established under this section.(4) A member of a committee established under this section holds office on such conditions, in relation to matters not provided for by this Act, as are specified in the instrument of appointment.(5) At any time, the Board may abolish a committee established under this section.(6) A committee must keep accurate minutes of its meetings.(7) Except as otherwise provided for by this Act, a committee may regulate its own proceedings.
10. Remuneration of committee members
[Section 10 Substituted by No. 9 of 2022, s. 150, Applied:01 Jul 2023](1) The Minister may determine that a member of a committee established under section 9 is entitled to be paid remuneration or allowances, or both.(2) If a determination is made under subsection (1) , the member is entitled to be paid such remuneration or allowances, or both, as the Minister determines.(3) A member of a committee established under section 9 who is a State Service officer or State Service employee is not entitled to remuneration or allowances under this section except with the approval of the Minister administering the State Service Act 2000 .
10A. Ministerial statement of expectations
[Section 10A Inserted by No. 9 of 2022, s. 150, Applied:01 Jul 2023](1) The Minister, before 31 December in each year, is to give to the Board a statement setting out the Minister's expectations for the Board (a Ministerial statement of expectations) in relation to the period of 12 months commencing on 1 July of the next year (or other such period as may be determined by the Minister).(2) In preparing a Ministerial statement of expectations, the Minister is to have regard to the Board's functions and powers.(3) A Ministerial statement of expectations is not to –(a) prevent the Board from performing a function that it is required to perform or from otherwise complying with any Act; or(b) extend the functions or powers of the Board; or(c) seek to direct the Board in relation to a decision made under the Act regarding an individual case.(4) The Board must perform its functions and duties in a manner consistent with an applicable Ministerial statement of expectations.(5) The Minister, on his or her own motion or at the request of the Board, may at any time amend a Ministerial statement of expectations.(6) A Ministerial statement of expectations and any amendment of it is to be in writing and signed by the Minister.(7) An amendment to a Ministerial statement of expectations takes effect on such day as is specified in the instrument of amendment.(8) The Minister may consult with the Board in preparing a Ministerial statement of expectations and any amendment of a Ministerial statement of expectations.
[Section 10B Inserted by No. 9 of 2022, s. 150, Applied:01 Jul 2023](1) The Board is to prepare a corporate plan annually.(2) A corporate plan is to include targets that measure the performance outcomes of the functions of the Board.(3) A corporate plan is to be –(a) consistent with an applicable Ministerial statement of expectations given under section 10A ; and(b) in such form, if any, as specified in a Ministerial instruction issued under section 6 of the Education Act 2016 .(4) In preparing a corporate plan, the Board –(a) is to consult the Minister; and(b) may consult such other persons as the Board considers appropriate.(5) After preparing a corporate plan, the Board is to submit a draft of the plan to the Minister for approval.(6) The Minister may –(a) approve the draft corporate plan as submitted; or(b) require the Board to amend the draft corporate plan and resubmit it for approval.(7) To avoid doubt, the Minister's power under subsection (6)(b) may be exercised more than once.(8) If a draft corporate plan is approved by the Minister –(a) it takes effect as the corporate plan of the Board for the period specified in a Ministerial instruction issued under section 6 of the Education Act 2016 for the purposes of this section; and(b) the Board is to act in accordance with the corporate plan during that period.(9) The Board, having regard to changes of circumstance or for other reasonable cause, may prepare an amendment to the corporate plan at any time.(10) Subsections (4) , (5) , (6) , (7) and (8) have the same application to an amendment as they have to the plan itself, and the amendment takes effect once it has been approved by the Minister.(11) The Board is to ensure that the current corporate plan, and the current Ministerial statement of expectations given to the Board under section 10A , are available for public inspection in such manner as the Board determines.
10C. Framework agreement by Board
[Section 10C Inserted by No. 9 of 2022, s. 150, Applied:01 Jul 2023] The Board is to enter into an agreement with the Secretary of the Department that includes the following matters:(a) the budget of the Board;(b) the staff made available to the Board under section 8 , and details regarding their selection and performance management;(c) support and functions to be provided to the Board by the Secretary;(d) the information-sharing arrangements between the Board and the Secretary;(e) the application to the Board of the policies, procedures and guidelines of the Department;(f) the manner in which the Board is accountable to the Secretary in relation to budget outcomes and other outcomes;(g) any cost recovery arrangements between the Secretary and the Board.
10D. Independent review of Board
[Section 10D Inserted by No. 9 of 2022, s. 150, Applied:01 Jul 2023](1) In this section –independent review means a review conducted by persons who –(a) in the Minister's opinion, are appropriately qualified for that task; and(b) include one or more persons who are not State Service employees or State Service officers or employees of any agency of the State.(2) The Minister may require an independent review of the operation of the Board to be conducted, including of the performance and exercise of its functions and powers.(3) The persons who conduct a review are to give the Minister a written report on its outcome.
PART 3 - Registration of Teachers and Limited Authorities to Teach[Part 3 Substituted by No. 79 of 2009, s. 8, Applied:01 Jan 2010]
Division 1 - Offences relating to teaching[Division 1 of Part 3 Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010]
11. Offences relating to teaching
[Section 11 Substituted by No. 79 of 2009, s. 8, Applied:01 Jan 2010](1) [Section 11 Subsection (1) amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] [Section 11 Subsection (1) amended by No. 47 of 2016, s. 24, Applied:10 Jul 2017] [Section 11 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] A person must not teach at a school unless the person –(a) [Section 11 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] is registered; or(b) [Section 11 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] . . . . . . . .(c) is the holder of a limited authority; or(d) is under the direct supervision of a registered teacher.Penalty: Fine not exceeding 50 penalty units.(2) A person who is not fully registered must not claim, or otherwise represent in any manner, that he or she is fully registered.Penalty: Fine not exceeding 50 penalty units.(3) A person who is not provisionally registered must not claim, or otherwise represent in any manner, that he or she is provisionally registered.Penalty: Fine not exceeding 50 penalty units.(3A) [Section 11 Subsection (3A) inserted by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] A person who is not specialist vocational education and training registered must not claim, or otherwise represent in any manner, that he or she is specialist vocational education and training registered.Penalty: Fine not exceeding 50 penalty units.(4) A person who is not the holder of a limited authority must not claim, or otherwise represent in any manner, that he or she is the holder of a limited authority.Penalty: Fine not exceeding 50 penalty units.(5) [Section 11 Subsection (5) amended by No. 47 of 2016, s. 24, Applied:10 Jul 2017] [Section 11 Subsection (5) substituted by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 11 Subsection (5) omitted by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] . . . . . . . .
Division 2 - Registration of teachers[Division 2 of Part 3 Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010]
12. Application for registration
[Section 12 Substituted by No. 79 of 2009, s. 8, Applied:01 Jan 2010](1) [Section 12 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] A person may apply to the Board for registration.(2) An application is to be –(a) in an approved form; and(b) accompanied by the prescribed application fee.(3) The Board may require the applicant –(a) to provide any further information it considers necessary to consider the application; and(b) to authorise the Board, in writing, to obtain information relating to the applicant from any corresponding registration authority or any other person, government department or government body that the Board considers may have information relevant to the determination of the application.
13. Determination of application for registration
[Section 13 Subsection (2) amended by No. 19 of 2003, s. 4, Applied:09 May 2003] [Section 13 Substituted by No. 79 of 2009, s. 8, Applied:01 Jan 2010](1) [Section 13 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] On receipt of an application for registration made under section 12 , the Board –(a) if satisfied that the applicant satisfies the criteria for full registration, must grant the applicant full registration; or(b) if not satisfied that the applicant satisfies the criteria for full registration but satisfied that the applicant meets the requirements for provisional registration, must grant the applicant provisional registration; or(ba) [Section 13 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] if satisfied that the applicant satisfies the criteria for specialist vocational education and training registration, must grant the applicant specialist vocational education and training registration; or(c) [Section 13 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] if not satisfied that the applicant satisfies the criteria for full registration, provisional registration or specialist vocational education and training registration, must refuse to grant the applicant full registration, provisional registration or specialist vocational education and training registration.(1A) [Section 13 Subsection (1A) inserted by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] In determining in accordance with subsection (1) an application made under section 12 , the Board may grant to the applicant both specialist vocational education and training registration and either full registration or provisional registration.(2) The criteria for full registration are as follows:(a) the applicant –(i) has successfully completed an approved course relating to teacher education and at least one full-time equivalent year of teaching to the satisfaction of the Board; or(ii) has contributed to educational practice and has the education and experience that, in the opinion of the Board, are sufficient to warrant registration; or(iii) has complied with the requirements of the Board during the most recent period of provisional registration;(b) the applicant is of good character;(c) the applicant is fit to be a teacher;(ca) [Section 13 Subsection (2) amended by No. 33 of 2016, s. 7, Applied:01 Jan 2017] the applicant is registered under the Registration to Work with Vulnerable People Act 2013 in respect of a regulated activity, within the meaning of that Act, that primarily relates to children;(d) the applicant, in the opinion of the Board, is sufficiently proficient in the English language.(3) The criteria for provisional registration are as follows:(a) the applicant –(i) has qualifications or experience as determined by the Board; or(ii) is able to obtain the qualifications and experience specified in subsection (2)(a) ;(b) the applicant is of good character;(c) the applicant is fit to be a teacher;(ca) [Section 13 Subsection (3) amended by No. 33 of 2016, s. 7, Applied:01 Jan 2017] the applicant is registered under the Registration to Work with Vulnerable People Act 2013 in respect of a regulated activity, within the meaning of that Act, that primarily relates to children;(d) the applicant, in the opinion of the Board, is sufficiently proficient in the English language.(3A) [Section 13 Subsection (3A) inserted by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] The criteria for specialist vocational education and training registration are as follows:(a) the applicant has the qualifications and experience as determined by the Board in relation to specialist vocational education and training registration;(b) the applicant is of good character;(c) the applicant is fit to be a teacher;(ca) [Section 13 Subsection (3A) amended by No. 33 of 2016, s. 7, Applied:01 Jan 2017] the applicant is registered under the Registration to Work with Vulnerable People Act 2013 in respect of a regulated activity, within the meaning of that Act, that primarily relates to children;(d) the applicant, in the opinion of the Board, is sufficiently proficient in the English language.(4) [Section 13 Subsection (4) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] The Board may grant full registration, provisional registration or specialist vocational education and training registration subject to any reasonable conditions it considers appropriate.(5) [Section 13 Subsection (5) omitted by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] . . . . . . . .(6) [Section 13 Subsection (6) omitted by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] . . . . . . . .
13A. Actions during assessment of application and following determination of application
[Section 13A Inserted by No. 19 of 2003, s. 5, Applied:09 May 2003] [Section 13A Repealed by No. 79 of 2009, s. 8, Applied:01 Jan 2010] [Section 13A Inserted by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013](1) In considering an application for registration made under section 12 , if –the Board is to give the applicant an opportunity to appear before it.(a) it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher; or(b) the Board is intending to grant registration, subject to conditions –(2) On determining an application for registration made under section 12 –(a) the Board is to notify the applicant, in writing –(i) of that determination; and(ii) if the Board refuses to grant registration, of its reasons for that determination; and(iii) if the Board grants provisional registration when the application was for full registration, of its reasons for that determination; and(iv) if the Board grants registration subject to conditions, of those conditions; and(b) the Board, if it grants registration, is to make an entry in the register of teachers in respect of that grant.
14. Grant of full registration following period of provisional registration
[Section 14 Subsection (3) amended by No. 19 of 2003, s. 6, Applied:09 May 2003] [Section 14 Substituted by No. 79 of 2009, s. 8, Applied:01 Jan 2010][Section 14A Inserted by No. 19 of 2003, s. 7, Applied:09 May 2003] [Section 14A Repealed by No. 79 of 2009, s. 8, Applied:01 Jan 2010] . . . . . . . .(1) At any time, a person who is provisionally registered may apply to the Board for full registration.(2) An application is to be –(a) in an approved form; and(b) accompanied by a report made by the applicant's employer, in an approved form, in respect of –(i) the manner in which the applicant has performed teaching duties; and(ii) recommendations as to the applicant's suitability for full registration; and(iii) any other matter the Board considers relevant; and(c) accompanied by the prescribed application fee.(3) The Board may require the applicant to provide any further information it considers necessary to consider the application.(4) On receipt of an application, the Board must grant the applicant full registration under section 13 if the Board is satisfied that the applicant –(a) has completed at least one full-time equivalent year of teaching; and(b) is recommended as suitable for full registration in the report from his or her employer; and(c) has demonstrated teaching competence; and(d) otherwise satisfies the criteria for full registration set out in that section.(5) In considering an application, if it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher, the Board is to give the applicant an opportunity to appear before it.(6) On receipt of an application, the Board must refuse to grant the applicant full registration under section 13 if the Board is not satisfied that the applicant meets all the criteria set out in subsection (4) .
15. Certificate of registration
[Section 15 Substituted by No. 19 of 2003, s. 8, Applied:09 May 2003] [Section 15 Substituted by No. 79 of 2009, s. 8, Applied:01 Jan 2010](1) [Section 15 Subsection (1) substituted by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] The Board is to issue a certificate of registration in an approved form to a person granted registration under section 13 or 14 , or whose registration is renewed under section 17A , on payment of the annual registration fee.(2) [Section 15 Subsection (2) omitted by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] . . . . . . . .(3) [Section 15 Subsection (3) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] If the Board, in writing, requires a person who is or was a registered teacher to surrender or produce to the Board his or her certificate of registration, the person must comply with that requirement within the period specified in it.Penalty: Fine not exceeding 5 penalty units.(4) If a registered teacher –the Board is to reissue the certificate in accordance with the request.(a) changes his or her name or any other personal details; and(b) provides to the Board such proof of that change as the Board requires; and(c) [Section 15 Subsection (4) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] surrenders to the Board his or her certificate of registration accompanied by –(i) a request, in writing, for the reissue of the certificate in the person's new name or with the person's new personal details; and(ii) the prescribed fee –(5) If –the Board is to issue a replacement certificate.(a) [Section 15 Subsection (5) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] a certificate of registration is lost, destroyed or damaged; and(b) the registered teacher provides to the Board such proof of that loss, destruction or damage as the Board requires; and(c) the registered teacher pays the prescribed fee; and(d) in the case of a damaged certificate, surrenders that certificate to the Board –
[Section 16 Subsection (2) amended by No. 19 of 2003, s. 9, Applied:09 May 2003] [Section 16 Substituted by No. 79 of 2009, s. 8, Applied:01 Jan 2010][Section 16A Inserted by No. 19 of 2003, s. 10, Applied:09 May 2003] [Section 16A Repealed by No. 79 of 2009, s. 8, Applied:01 Jan 2010] . . . . . . . .(1) The period of full registration or provisional registration is the period not exceeding 5 years determined by the Board.(2) [Section 16 Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] Registration –(a) [Section 16 Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] takes effect on the day it is granted or a later day specified in the grant of registration; and(b) [Section 16 Subsection (2) amended by No. 33 of 2020, s. 4, Applied:17 Nov 2020] ends, subject to this Act –(i) [Section 16 Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] on 31 December occurring in the year specified in the grant of registration; or(ii) [Section 16 Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] if no such year is specified, on 31 December fifthly occurring after the registration takes effect.(3) Provisional registration –(a) takes effect on the day on which it is granted or a later day specified in the grant of provisional registration; and(b) [Section 16 Subsection (3) amended by No. 33 of 2020, s. 4, Applied:17 Nov 2020] ends, subject to this Act, on 31 December in the year specified in the grant of provisional registration.
17. Amendment of conditions of registration
[Section 17 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 17 Substituted by No. 79 of 2009, s. 8, Applied:01 Jan 2010] On the application of a person who is registered, or at any time on its own motion, the Board may do one or more of the following:(a) [Section 17 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] make the registration of a person subject to such, or such additional, reasonable conditions as the Board considers appropriate;(b) [Section 17 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] amend one or more of the conditions to which the registration is subject;(c) [Section 17 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] remove all or any of the conditions to which the registration is subject.
17A. Renewal of full registration and specialist vocational education and training registration
[Section 17A Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010](1) [Section 17A Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] A person may apply to the Board for renewal of his or her full registration or specialist vocational education and training registration, or both.(2) An application is to be –(a) in an approved form; and(b) accompanied by satisfactory evidence of –(i) ongoing competence; or(ii) professional development undertaken; and(c) accompanied by the prescribed application fee.(3) [Section 17A Subsection (3) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] The Board is to renew the full registration or specialist vocational education and training registration, or both, of a person on payment of the annual registration fee if –(a) satisfied that the person is of good character; and(b) satisfied that the person is fit to be a teacher; and(ba) [Section 17A Subsection (3) amended by No. 33 of 2016, s. 8, Applied:01 Jan 2017] satisfied that the person is registered under the Registration to Work with Vulnerable People Act 2013 in respect of a regulated activity, within the meaning of that Act, that primarily relates to children; and(c) satisfied as to the evidence referred to in subsection (2)(b) .(4) In considering an application, if it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher, the Board is to give the applicant an opportunity to appear before it.(5) [Section 17A Subsection (5) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] If the Board is not satisfied that the person applying for renewal of his or her full registration has provided satisfactory evidence as required by subsection (2)(b) , the Board may grant the person provisional registration under section 13(1)(b) if satisfied as required under that section.(6) [Section 17A Subsection (6) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] The renewal of the full registration or specialist vocational education and training registration of a person –(a) [Section 17A Subsection (6) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] takes effect on 1 January first following the day on which the registration would expire if not renewed or a later day specified in the grant of renewal; and(b) [Section 17A Subsection (6) amended by No. 33 of 2020, s. 5, Applied:17 Nov 2020] ends, subject to this Act –(i) on 31 December occurring in the year specified in the grant of renewal; or(ii) [Section 17A Subsection (6) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] if no such year is specified, on 31 December fifthly occurring after the registration takes effect.
[Section 17B Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010](1) [Section 17B Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] A person –must pay to the Board an annual registration fee prescribed in the regulations for each calendar year, or part of a calendar year, during which the registration has effect.(a) [Section 17B Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] who is granted registration; or(b) [Section 17B Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] whose registration is renewed –(c) [Section 17B Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] . . . . . . . .(2) An annual registration fee is to be paid on or before 31 December in the calendar year immediately preceding the calendar year to which the fee relates.(3) [Section 17B Subsection (3) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] A person may pay more than one annual registration fee (in this section called the "advance fee") when paying a registration fee that is due (in this section called the "due fee"), but may not pay an advance fee in respect of a calendar year that would occur after the current period of the registration is due to expire.(4) If a person pays an advance fee of the same amount as the due fee, the amount paid for the advance fee is taken to be full payment of the annual registration fee for the calendar year in respect of which it is paid.(5) The Board may provide on or after 14 November in a calendar year a list of registered teachers –(a) [Section 17B Subsection (5) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] whose registrations are due to expire on 31 December in that calendar year; and(b) who have not paid, in accordance with this section, the annual registration fee for the next calendar year.(6) A list under subsection (5) may include full names and the registration numbers of the teachers mentioned in the list.(7) For the avoidance of doubt, it is declared that –(a) before the commencement of the Teachers Registration Amendment Act 2009 , the reference in section 14A(1), as in force before the commencement of that Act, to a person who is registered, or whose registration is renewed, included a reference to a person who was provisionally registered, or whose provisional registration was extended, under this Act before the commencement of that Act; and(b) a fee demanded and paid under that section before the commencement of the Teachers Registration Amendment Act 2009 in respect of the grant, or extension, of provisional registration is taken to have been validly demanded and paid.
17BA. Cancellation or suspension of teacher registration without inquiry
[Section 17BA Inserted by No. 33 of 2020, s. 6, Applied:17 Nov 2020](1) In this section –corresponding law has the same meaning as in the Registration to Work with Vulnerable People Act 2013 ;regulated activity means an activity to which vulnerable person registration relates under the Registration to Work with Vulnerable People Act 2013 or a corresponding law;vulnerable person registration, in relation to a teacher, means –(a) the registration of the teacher, under the Registration to Work with Vulnerable People Act 2013 , in respect of a regulated activity that primarily relates to children; or(b) the registration, licence, or other authorisation, of the teacher under a corresponding law, in respect of a regulated activity that primarily relates to children.(2) The Board may suspend or cancel the registration of a registered teacher, if the Board is satisfied that –(a) the teacher does not hold vulnerable person registration; or(b) the teacher’s vulnerable person registration has been suspended and the suspension has not been revoked.(3) The Board may, under subsection (2) , suspend or cancel the registration of a registered teacher –(a) without conducting an inquiry; and(b) without giving the teacher an opportunity to be heard by, or to make submissions to, the Board.(4) On deciding to suspend or cancel under subsection (2) the registration of a registered teacher, the Board is to serve notice, in writing, of that decision on –(a) the teacher; and(b) the teacher’s employer, if the teacher is employed to teach; and(c) corresponding registration authorities.(5) A suspension or cancellation under subsection (2) of the registration of a registered teacher takes effect on written notice of it being served on the teacher or a later day specified in the notice.(6) The Board may revoke the suspension under subsection (2) of the registration of a registered teacher if the Board is satisfied that the teacher –(a) holds vulnerable person registration; and(b) is of good character; and(c) is fit to be a teacher.(7) On deciding to revoke under subsection (6) the suspension under subsection (2) of the registration of a registered teacher, the Board is to serve notice, in writing, of that decision on –(a) the teacher; and(b) the teacher’s employer, if the teacher is employed to teach; and(c) corresponding registration authorities.(8) The revocation under subsection (6) of the suspension under subsection (2) of the registration of a registered teacher takes effect on written notice of it being served on the teacher or a later day specified in the notice.
Division 3 - Limited authorities to teach[Division 3 of Part 3 Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010]
17C. Application for limited authority
[Section 17C Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010](1) A person may apply to the Board for a limited authority.(2) An application is to be –(a) in an approved form; and(b) accompanied by the prescribed application fee.(3) The Board may require the applicant and his or her intended employer to provide any further information it considers necessary to consider the application.(4) The Board may require the applicant to authorise the Board, in writing, to obtain information relating to the applicant from any corresponding registration authority or other person, government department or government body that the Board considers may have information relevant to the determination of the application.
17D. Determination of application
[Section 17D Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010](1) On receipt of an application for a limited authority made under section 17C , the Board –(a) if satisfied that the applicant satisfies the criteria for a limited authority, must grant the applicant a limited authority to teach –(i) [Section 17D Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 17D Subsection (1) amended by No. 47 of 2016, s. 25, Applied:10 Jul 2017] [Section 17D Subsection (1) amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] at any school, as specified in the limited authority; and(ii) in any subject specified in the limited authority; and(iii) for the number of hours each week specified in the limited authority; or(b) if not satisfied that the applicant satisfies the criteria for a limited authority, must refuse to grant the applicant a limited authority.(2) The criteria for a limited authority are that the applicant –(a) does not meet the requirements of section 13(2)(a) or section 13(3)(a) but has the appropriate skills or experience that available registered teachers do not have; and(b) is of good character; and(ba) [Section 17D Subsection (2) amended by No. 33 of 2016, s. 9, Applied:01 Jan 2017] is registered under the Registration to Work with Vulnerable People Act 2013 in respect of a regulated activity, within the meaning of that Act, that primarily relates to children; and(c) is fit to be a teacher.(3) In considering an application for a limited authority made under section 17C , if it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher, the Board is to give the applicant an opportunity to appear before it.(4) The Board may grant a limited authority subject to any reasonable conditions it considers appropriate.(5) On determining an application for a limited authority –(a) the Board is to notify the applicant and his or her intended employer, in writing –(i) of that determination; and(ii) if the Board refuses to grant a limited authority, of its reasons for that determination; and(iii) if the Board grants a limited authority subject to conditions, of those conditions; and(b) the Board, if it grants a limited authority, is to make an entry in the register of holders of limited authorities in respect of that grant.
17E. Notice of limited authority
[Section 17E Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010](1) The Board is to issue a notice of limited authority in an approved form to a person granted a limited authority under section 17D or whose limited authority is extended under section 17H on payment of the limited authority fee.(2) If the Board, in writing, requires a person who is or was the holder of a limited authority to surrender or produce to the Board his or her notice of limited authority, the person must comply with that requirement within the period specified in it.Penalty: Fine not exceeding 5 penalty units.(3) If the holder of a limited authority –the Board is to reissue the notice in accordance with the request.(a) changes his or her name or any other personal details; and(b) provides to the Board such proof of that change as the Board requires; and(c) surrenders to the Board his or her notice of limited authority accompanied by –(i) a request, in writing, for the reissue of the notice in the person's new name or with the person's new personal details; and(ii) the prescribed fee –(4) If –the Board is to issue a replacement notice.(a) a notice of limited authority is lost, destroyed or damaged; and(b) the holder of the notice provides to the Board such proof of that loss, destruction or damage as the Board requires; and(c) the holder of the notice pays the prescribed fee; and(d) in the case of a damaged certificate, the holder of the notice surrenders that notice to the Board –
17F. Period of limited authority
[Section 17F Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010](1) A limited authority has effect for the period not exceeding 2 years determined by the Board.(2) A limited authority –(a) takes effect on the day it is granted or a later day specified in the grant of limited authority; and(b) [Section 17F Subsection (2) amended by No. 33 of 2020, s. 7, Applied:17 Nov 2020] ends, subject to this Act, on the day specified in the grant of limited authority.
17G. Amendment of conditions of limited authority
[Section 17G Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010] On the application of a holder of a limited authority, or at any time on its own motion, the Board may at any time do one or more of the following:(a) make the limited authority subject to such, or such additional, reasonable conditions as the Board considers appropriate;(b) amend one or more of the conditions to which the limited authority is subject;(c) remove all or any of the conditions to which the limited authority is subject.
17H. Extension of limited authority
[Section 17H Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010](1) The holder of a limited authority may apply to the Board for an extension of the limited authority.(2) An application is to be –(a) in an approved form; and(b) accompanied by the prescribed application fee.(3) The Board may extend the period of a limited authority for one or more further periods, not exceeding 2 years in total, if satisfied that the holder satisfies the criteria for a limited authority set out in section 17D .(4) In considering an application, if it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher, the Board is to give the applicant an opportunity to appear before it.(5) The extension of a limited authority –(a) takes effect on the expiry of the limited authority or previous extension of it; and(b) [Section 17H Subsection (5) amended by No. 33 of 2020, s. 8, Applied:17 Nov 2020] ends, subject to this Act, on the day specified in the grant of the extension.
17I. Suspension or cancellation of limited authority
[Section 17I Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010](1) If a person holds a limited authority and –the Board may suspend or cancel the limited authority without conducting an inquiry.(a) the Board considers that there is no longer a need for the limited authority; or(b) the Board otherwise considers it appropriate to do so –(2) In deciding to suspend or cancel a limited authority, the Board must comply with the rules of natural justice.(3) On deciding to suspend or cancel a limited authority, the Board is to give notice, in writing, of that decision to –(a) the holder of the limited authority; and(b) that person's employer if that person is employed to teach.(4) A suspension or cancellation of a limited authority takes effect on written notice of it being served on the holder of the limited authority or a later day specified in the notice.
Division 4 - Determining good character and fitness to be a teacher[Division 4 of Part 3 Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010]
17J. Determining whether person of good character
[Section 17J Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010] If at any time under this Act, including for the purposes of an inquiry, the Board is to determine whether a person is of good character, the Board –(a) is to take into account any conviction of, or charge made against, the person; and(ab) [Section 17J Amended by No. 33 of 2016, s. 5, Applied:07 Oct 2016] is to take into account –(i) whether the person has been refused registration under the Registration to Work with Vulnerable People Act 2013 ; and(ii) if the person is, or has been, registered under that Act, whether the registration has been suspended or cancelled; and(b) is to take into account any behaviour of the person that –(i) does not satisfy a standard of behaviour generally expected of a teacher; or(ii) is otherwise disgraceful or improper; and(c) may take into account any other matter it considers relevant.
17K. Determining whether person fit to be teacher
[Section 17K Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010](1) If at any time under this Act, including for the purposes of an inquiry, the Board is to determine whether a person is fit to be a teacher, the Board may take into account –(a) any medical, psychiatric or psychological condition of the applicant; and(b) the competence of the person as a teacher; and(c) any other matter it considers relevant.(2) For the purposes of determining whether a person is fit to be a teacher, the Board may require the person –(a) to undergo a medical examination, including a psychiatric, psychological or other examination; and(b) to authorise the medical practitioner, psychologist or other person undertaking the examination to provide a copy of his or her report on the person to the Board.
[Section 17L Inserted by No. 79 of 2009, s. 8, Applied:01 Jan 2010](1) [Section 17L Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] If a person applies under section 12 or 17C for registration or a limited authority, that person is taken to have authorised the Board to obtain a report from the Commissioner of Police, and the Commissioner of Police to provide a report –(a) for the purpose of considering and determining the application; and(b) following the grant of the application –(i) [Section 17L Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] for the purpose of the renewal of registration or the extension of a limited authority; and(ii) for the purpose of an inquiry in respect of that person, whether or not that person is still a registered teacher or the holder of a limited authority; and(iii) for any other purpose related to the administration of this Act in respect of the person while the person is a registered teacher or the holder of a limited authority.(2) The Board may refer to the Commissioner of Police –(a) the name and address of a person who –(i) [Section 17L Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] has applied for registration or a limited authority under section 12 or 17C ; or(ii) is or was a registered teacher or a holder of a limited authority; and(b) any information and documentation relating to that person that the Board considers relevant.(3) The Commissioner of Police must inquire into, and report to the Board on, any matters concerning the person that may be relevant to the purpose specified in subsection (1) in respect of which the Board is obtaining the report.(4) For the purposes of the Commissioner of Police providing a report under this section, section 22(1) , section 31(1) , section 45(1) and section 108 of the Youth Justice Act 1997 do not apply to the identification in a report under subsection (3) of a youth, within the meaning of that Act, in respect of any action or proceedings referred to in those sections.
PART 4 - Discipline and inquiries
Division 1 - Disciplinary provisions
18. Notifying Board if person found guilty of or charged with prescribed offence
[Section 18 Substituted by No. 79 of 2009, s. 9, Applied:01 Jan 2010](1) If a person who is a registered teacher or holder of a limited authority is charged with a prescribed offence in Tasmania or elsewhere, that person must give notice in writing to the Board, within 28 days after being so charged, of that charge and the details of the alleged prescribed offence.Penalty: Fine not exceeding 10 penalty units.(2) If a person who is a registered teacher or holder of a limited authority is charged with a prescribed offence in Tasmania or elsewhere and –the person must notify the Board in writing of that fact and, if the person is found guilty of the charge, of the circumstances in which the prescribed offence was committed, within 28 days after the court so makes the finding or adjourns the proceedings or the charge is so dismissed or withdrawn.(a) a court has made a finding of guilty or not guilty or another finding in relation to the charge; or(b) a court adjourns proceedings on the charge sine die; or(c) the charge is dismissed or withdrawn –Penalty: Fine not exceeding 10 penalty units.
18A. Disciplinary action if person found guilty of prescribed offence
[Section 18A Inserted by No. 79 of 2009, s. 9, Applied:01 Jan 2010] If a person who is a registered teacher or holder of a limited authority is found guilty of a prescribed offence in Tasmania or elsewhere, the Board may –(a) caution the person; or(b) [Section 18A Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] make the person's registration or limited authority subject to conditions, or additional conditions, as the Board thinks fit; or(c) [Section 18A Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] amend one or more of the conditions to which the person's registration or limited authority is subject, as the Board thinks fit; or(d) if of the opinion that the circumstances of the offence are such that the person is no longer of good character or no longer fit to be a teacher –(i) [Section 18A Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] suspend the person’s registration or limited authority for any period, and subject to any conditions, it thinks fit; or(ii) [Section 18A Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] cancel the person’s registration or limited authority.
Division 2 - Complaints and inquiry
[Section 19 Substituted by No. 79 of 2009, s. 10, Applied:01 Jan 2010](1) A person may complain to the Board about the professional conduct of a person who is or was –(a) a registered teacher; or(b) a holder of a limited authority.(2) A complaint is to –(a) be in writing; and(b) disclose the name and address of the complainant; and(c) be signed by the complainant.(3) As soon as reasonably practicable after receiving a complaint, the Board, in writing –(a) is to provide notice of the making of the complaint, the name of the complainant and the contents of the complaint to –(i) the person who is the subject matter of the complaint; and(ii) if the employers of that person, both current and at the time the behaviour that constitutes the basis of the complaint occurred, are identifiable from the details of the complaint or otherwise known to the Board, those employers; and(b) may require the complainant to provide information or documents, as the Board considers appropriate, to the Board within the reasonable period specified in the requirement.(4) If a complainant changes his or her name or address, the complainant is to notify the Board, in writing, of that change.
19A. Preliminary assessment of complaint
[Section 19A Inserted by No. 79 of 2009, s. 10, Applied:01 Jan 2010](1) On receiving a complaint, the Board is to conduct a preliminary assessment of it for the purpose of determining whether an inquiry should be held in respect of the complaint.(2) In conducting the preliminary assessment, the Board may make such inquiries, and obtain such information and documents, as it considers necessary.(3) On completing the preliminary assessment of the complaint, the Board may –(a) determine that an inquiry should be held in respect of the complaint if reasonably satisfied that it is in the public interest to do so; or(b) dismiss the complaint if –(i) the Board is of the opinion that the complaint is vexatious, misconceived, frivolous or lacking in substance; or(ii) the behaviour complained about has been the subject of a previous complaint that has been dismissed; or(iii) the behaviour complained about has been the subject of a previous complaint in respect of which an inquiry has been held; or(iv) the behaviour complained about is the subject of an existing complaint in respect of which an inquiry has been or is being held; or(v) information or documents required by the Board under section 19(3)(b) have not been provided to the Board; or(vi) the Board is not reasonably satisfied that it is in the public interest to hold an inquiry; or(vii) the Board is of the opinion that the complaint should be made to another person, body or Agency within the meaning of the State Service Act 2000 ; or(viii) the Board is of the opinion that it is impossible or inappropriate to hold an inquiry after considering the circumstances surrounding the behaviour complained about and the making of the complaint, including the time elapsed since the behaviour occurred.(4) If the Board dismisses the complaint, it is to notify, in writing, the complainant and all persons notified of the making of the complaint under section 19(3)(a) of the reasons for dismissing it.
(1) The Board may determine to hold an inquiry in respect of –(a) [Section 20 Subsection (1) amended by No. 79 of 2009, s. 11, Applied:01 Jan 2010] any matter relating to a person who is or was a registered teacher or holder of a limited authority; and(b) [Section 20 Subsection (1) amended by No. 79 of 2009, s. 11, Applied:01 Jan 2010] any complaint made under section 19 ; and(c) [Section 20 Subsection (1) amended by No. 79 of 2009, s. 11, Applied:01 Jan 2010] any matter referred to in a notice under section 31 .(2) The Board may –(a) [Section 20 Subsection (2) amended by No. 79 of 2009, s. 11, Applied:01 Jan 2010] hold an inquiry under this section 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) [Section 20 Subsection (3) amended by No. 79 of 2009, s. 11, Applied:01 Jan 2010] . . . . . . . .(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) [Section 20 Subsection (3) amended by No. 79 of 2009, s. 11, Applied:01 Jan 2010] [Section 20 Subsection (3) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] the person was or may have been registered or obtained or may have obtained a limited authority on the basis of false or misleading information; or(e) [Section 20 Subsection (3) amended by No. 79 of 2009, s. 11, Applied:01 Jan 2010] the person is no longer of good character or may no longer be of good character; or(f) [Section 20 Subsection (3) amended by No. 79 of 2009, s. 11, Applied:01 Jan 2010] the person is no longer fit to be a teacher or may no longer be fit to be a teacher.(4) [Section 20 Subsection (4) amended by No. 79 of 2009, s. 11, Applied:01 Jan 2010] The Board may hold an inquiry under this section in respect of a person only if reasonably satisfied that it is in the public interest to do so.
(1) [Section 21 Subsection (1) amended by No. 79 of 2009, s. 12, Applied:01 Jan 2010] [Section 21 Subsection (1) substituted by No. 9 of 2022, s. 151, Applied:01 Jul 2023] The Board may appoint a committee of inquiry consisting of –(a) not less than 2, but not more than 4, persons who are registered teachers; and(b) if the Board considers necessary, one person who is a member of the Board; and(c) any other person or persons with skills relevant to the inquiry.(2) [Section 21 Subsection (2) amended by No. 79 of 2009, s. 12, Applied:01 Jan 2010] A committee of inquiry is to hold an inquiry or conduct a hearing, or both, subject to this Act and in accordance with any directions of the Board.(3) [Section 21 Subsection (3) inserted by No. 79 of 2009, s. 12, Applied:01 Jan 2010] The Board may –(a) appoint one of the members of a committee of inquiry as its chairperson; and(b) give written directions to the committee relating to its proceedings and the conduct of the inquiry.(4) [Section 21 Subsection (4) inserted by No. 79 of 2009, s. 12, Applied:01 Jan 2010] Except as provided by this Act or directions given by the Board, a committee of inquiry may regulate its own proceedings.
22. Notifying person in respect of whom an inquiry is to be held
(1) [Section 22 Subsection (1) amended by No. 79 of 2009, s. 13, Applied:01 Jan 2010] If the Board determines that an inquiry is to be held in respect of a person who is or was a registered teacher or holder of a limited authority, 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) [Section 22 Subsection (2) amended by No. 79 of 2009, s. 13, Applied:01 Jan 2010] . . . . . . . .(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) [Section 22 Subsection (2) amended by No. 79 of 2009, s. 13, Applied:01 Jan 2010] that the person may submit to the Board, within 14 days after being served with the notice, a statement in writing that contains one or more of the following:(i) a written admission of, or refutation of, the substance of any matter to be inquired into;(ii) a request for the Board to hold a hearing in respect of any matter being inquired into.(3) [Section 22 Subsection (3) substituted by No. 79 of 2009, s. 13, Applied:01 Jan 2010] A statement under subsection (2)(e) containing an admission of, or refutation of, the substance of any matter to be inquired into –(a) is to specify the details of the matter; and(b) may be accompanied by any other document the person making the statement considers appropriate.
22A. Notifying other persons of inquiry
[Section 22A Inserted by No. 79 of 2009, s. 14, Applied:01 Jan 2010](1) If the Board determines that an inquiry is to be held in respect of a person who is or was a registered teacher or holder of a limited authority and the inquiry is the result of a complaint, it is to give notice of the inquiry, in writing, to the complainant.(2) The Board, at its discretion, may give notice of the inquiry to any other person the Board considers appropriate.(3) A notice under this section may state one or more of the following as the Board considers appropriate:(a) the nature and details of any matter of the proposed inquiry;(b) whether the inquiry is to be held by the Board or a committee of inquiry;(c) the names of the members of the committee of inquiry;(d) that the person may submit to the Board, within 14 days after being served with the notice, written submissions and other documents in relation to the matter being inquired into.
22B. Conduct of inquiry generally
[Section 22B Inserted by No. 79 of 2009, s. 14, Applied:01 Jan 2010](1) In holding an inquiry, the Board or committee of inquiry –(a) must proceed with as little formality, and with as much expedition, as a proper consideration of matter being inquired into permits; and(b) must comply with the rules of natural justice; and(c) is not bound by the rules of evidence; and(d) may invite and receive written submissions from any person the Board or committee of inquiry considers relevant to the inquiry; and(e) may consult with any person; and(f) may request, in writing, that the person in respect of whom the inquiry is being held provide the Board or committee of inquiry with a report from a medical practitioner, psychologist or other health professional; and(g) may inform itself on any matter in any manner it considers appropriate.(2) A committee of inquiry must hold an inquiry in accordance with any directions given by the Board.
[Section 22C Inserted by No. 79 of 2009, s. 14, Applied:01 Jan 2010](1) In this section –child means a person under the age of 17 years;special witness means a person who the Board or committee of inquiry holding a hearing determines –(a) would be, or is likely to be, unable to give evidence satisfactorily in the ordinary manner by reason of intellectual, mental or physical disability; or(b) if required to give evidence in the ordinary manner, is likely to suffer severe emotional trauma, or to be so intimidated or distressed as to be unable to give evidence or to give evidence satisfactorily, by reason of age, cultural background, relationship to any party to the proceeding, the nature of the subject matter of the evidence or any other factor the Board or committee of inquiry considers relevant.(2) As part of an inquiry, the Board or committee of inquiry –hold a hearing in respect of a matter being inquired into.(a) at its own discretion may; and(b) on the request of the person in respect of whom the inquiry is being held is to –(3) If a hearing is to be held, the Board or committee of inquiry holding the hearing –(a) is to give notice of the hearing to the person in respect of whom the inquiry is being held; and(b) if the inquiry is the result of a complaint, is to give notice of the hearing to the complainant; and(c) may give notice of the hearing to any other person the Board or committee of inquiry considers appropriate.(4) Notice under subsection (3) is to be in writing and specify the time and place at which the hearing is to be held.(5) The person in respect of whom the inquiry is being held is entitled –(a) subject to a determination under subsection (7) , to be present at the hearing; and(b) to give evidence at the hearing; and(c) present witnesses at the hearing; and(d) be represented by another person at the hearing.(6) The Board or committee of inquiry holding a hearing may request, in writing, any person to appear at the hearing to give evidence and produce documents.(7) If a child or a special witness is to give evidence, the Board or committee of inquiry holding the hearing is to –(a) determine that the evidence is to be given by closed circuit television, video link or telephone or, if none of these means is available or appropriate, by such other method as the Board or committee considers appropriate; and(b) determine who may be present, and by what means such persons may be present, during the giving of the evidence.(8) In making a determination under subsection (7) , the Board or committee of inquiry is to minimise distress to the child or special witness as much as possible.(9) The person who is the subject of the inquiry, or his or her representative, may reasonably question –(a) an adult person who appears at the hearing at the request of the Board or committee of inquiry under subsection (6) ; or(b) if the Board or committee of inquiry holding the hearing consents, a child or special witness.(10) The Board or committee of inquiry holding a hearing must not admit the public to the hearing, or any part of the hearing, unless, after taking into account any detriment to any person that might result from the admission of the public, it considers that the public interest requires it.
[Section 22D Inserted by No. 79 of 2009, s. 14, Applied:01 Jan 2010](1) A person must not publish any information in respect of an inquiry if the information identifies, or may lead to the identification of, the person in respect of whom the inquiry is being held unless the Board, after determining the detrimental effect the publication would be likely to have on that person, determines that the public interest requires it.Penalty: Fine not exceeding 100 penalty units.(2) A person must not publish any information in respect of an inquiry if the information identifies, or may lead to the identification of, a child or a person who is a special witness within the meaning of section 22C(1) , who has appeared at a hearing or is otherwise relevant to the inquiry.Penalty: Fine not exceeding 100 penalty units.
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.
[Section 24 Amended by No. 79 of 2009, s. 15, Applied:01 Jan 2010] The Board may make any one or more of the following decisions as a result of an inquiry:(a) caution the person;(ab) [Section 24 Amended by No. 79 of 2009, s. 15, Applied:01 Jan 2010] [Section 24 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] impose a condition or further condition on the person's registration or limited authority;(b) [Section 24 Amended by No. 79 of 2009, s. 15, Applied:01 Jan 2010] [Section 24 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] suspend the person's registration or limited authority for any period, and subject to any conditions, it considers appropriate;(ba) [Section 24 Amended by No. 33 of 2020, s. 9, Applied:17 Nov 2020] revoke the suspension of the person’s registration or limited authority;(c) [Section 24 Amended by No. 79 of 2009, s. 15, Applied:01 Jan 2010] [Section 24 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] 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.
[Section 24A Inserted by No. 79 of 2009, s. 16, Applied:01 Jan 2010](1) On making a decision as a result of an inquiry in respect of a person, the Board is to give notice, in writing, of that decision to –(a) that person; and(b) that person's employer if that person is employed to teach; and(c) all other corresponding registration authorities in the case of any decision; and(d) if the inquiry resulted from the making of a complaint, the complainant.(2) Section 22D(1) does not apply to the giving of notice of the decision under subsection (1) .
24B. Immediate suspension of registration or limited authority
[Section 24B Inserted by No. 79 of 2009, s. 16, Applied:01 Jan 2010](1) [Section 24B Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] If the Board believes on reasonable grounds that a registered teacher or holder of a limited authority may pose a risk of harm to a student, the Board may immediately suspend his or her registration or limited authority.(2) [Section 24B Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] On suspending the registration or limited authority of a person under this section, the Board is to –(a) give notice, in writing, of that suspension to –(i) that person; and(ii) if that person is employed to teach, that person's employer; and(iii) all other corresponding registration authorities; and(b) ensure that an inquiry into the matter giving rise to the suspension is held and concluded as expeditiously as possible but taking into account that it may be appropriate to delay the inquiry until any other investigation by a corresponding registration authority or other relevant person, or any legal proceeding or health investigation, relevant to the subject matter of the inquiry is concluded.(3) A suspension takes effect on written notice of it being served on the registered teacher or holder of a limited authority.
PART 5 - Miscellaneous
[Section 25 Subsection (2) amended by No. 19 of 2003, s. 11, Applied:09 May 2003] [Section 25 Substituted by No. 79 of 2009, s. 17, Applied:01 Jan 2010](1) The Board is to keep –(a) a register of registered teachers; and(b) a register of holders of limited authorities.(2) Each register is to contain the following information in respect of each registered teacher or holder of a limited authority:(a) full name;(b) any former name;(c) residential address;(d) date of birth;(e) qualifications;(f) [Section 25 Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] teaching experience at the time of application for registration or limited authority;(g) registration number or limited authority number;(h) [Section 25 Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] in the case of a registered teacher, whether fully registered, provisionally registered or specialist vocational education and training registered;(i) [Section 25 Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] date on which registration or limited authority takes effect;(j) [Section 25 Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] expiry date of registration or limited authority;(k) [Section 25 Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] any conditions to which the registration or limited authority is subject;(l) in the case of a holder of a limited authority, particulars of the limited authority;(m) [Section 25 Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] particulars of any suspension of registration or limited authority;(n) any other particulars the Board considers appropriate.(3) A person must notify the Board, in the manner determined by the Board, of any change in the person's name, address and qualifications before, or within 60 days after, that change.Penalty: Fine not exceeding 2 penalty units.(4) The Board –(a) on the request of any person, is to make available to that person only the particulars of the register of registered teachers and register of holders of limited authorities referred to in subsection (2)(a) , (g) , (h) , (j) and (l) ; and(b) on the request of any person, may make available to that person the particulars of the register of registered teachers and register of holders of limited authorities referred to in subsection (2)(k) if the Board considers it appropriate to do so; and(c) on the request of a teacher employing authority, may make available to that authority –(i) the particulars of the register of registered teachers and register of holders of limited authorities referred to in subsection (2)(d) , (e) and (m) ; and(ii) any other particulars in respect of which the registered teacher or holder of the limited authority has given his or her consent.(5) For the purpose of subsection (4) –[Section 25 Subsection (5) amended by No. 25 of 2010, Sched. 1, Applied:01 Jan 2011] [Section 25 Subsection (5) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 25 Subsection (5) amended by No. 47 of 2016, s. 26, Applied:10 Jul 2017] teacher employing authority means the Department, the Catholic Education Office, Hobart, TasTAFE or the governing body, within the meaning of the Education Act 2016 , of a school that is registered under that Act.(6) The Board may publish, in such manner as it considers appropriate, a list of the full names of persons who are registered teachers or the holders of limited authorities and the information that is –(a) kept in the register of registered teachers or register of holders of limited authorities in relation to those persons; and(b) specified in any one or more of the following paragraphs of subsection (2) :(i) paragraph (g) ;(ii) paragraph (h) ;(iii) paragraph (j) ;(iv) paragraph (l) .
26. Registers to be kept up-to-date
[Section 26 Amended by No. 19 of 2003, s. 12, Applied:09 May 2003] [Section 26 Substituted by No. 79 of 2009, s. 17, Applied:01 Jan 2010] The Board is to keep the registers up-to-date and for this purpose is to add, remove and substitute information as necessary.
26A. Provision of information on register and other information
[Section 26A Inserted by No. 33 of 2020, s. 10, Applied:17 Nov 2020](1) The Board may make available to a relevant authority that is prescribed, or that is a member of a class of relevant authorities that is prescribed, any or all of the following:for educational purposes or research purposes, or any other purposes that are prescribed.(a) information consisting of any or all of the particulars referred to in section 25(2) in relation to a person who is or was a registered teacher or who is or was the holder of a limited authority;(b) any other information in relation to a person who is or was a registered teacher or who is or was the holder of a limited authority –(2) Information referred to in subsection (1) may only be made available by the Board under that subsection to a relevant authority, including a member of a class of relevant authorities that is prescribed, if the Board is satisfied that the relevant authority has procedures or processes in place that are sufficient to ensure that the information is protected from misuse, theft, loss, unauthorised access, modification or disclosure.(3) Information referred to in subsection (1) may be made available by the Board under that subsection –(a) either on a case-by-case basis or on an ongoing basis; and(b) by electronic transmission, by the provision of electronic access to the database on which the register is kept, or otherwise.(4) In subsection (1) –relevant authority means –(a) a corresponding registration authority; and(b) a department, or unit of administration, of the State, another State, a Territory or the Commonwealth; and(c) a person or body acting on behalf of the State, another State, a Territory or the Commonwealth; and(d) a statutory authority; and(e) a person, or body, that is prescribed or is a member of a class of persons or bodies that is prescribed;statutory authority means an incorporated or unincorporated body –(a) which is established, constituted or continued by or under –(i) an Act of the State, another State, a Territory or the Commonwealth; or(ii) the royal prerogative of the State, another State, a Territory or the Commonwealth; and(b) which is a body which, or of which the governing authority, wholly or partly comprises a person, or persons, appointed by –(i) the Governor of the State or of another State or the Governor-General; or(ii) the Administrator of a Territory; or(iii) a Minister of the Crown in the right of the State, another State, a Territory or the Commonwealth; or(iv) another statutory authority.
27. Employing unregistered teachers
[Section 27 Amended by No. 19 of 2003, s. 13, Applied:09 May 2003] [Section 27 Substituted by No. 79 of 2009, s. 17, Applied:01 Jan 2010](1) A person must not employ or engage a person to teach if that person is not a registered teacher, is not the holder of a limited authority or is not under the direct supervision of a registered teacher.(2) [Section 27 Subsection (2) substituted by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 27 Subsection (2) substituted by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] For the avoidance of doubt, subsection (1) does not apply to TasTAFE.
27A. Notification of charge or finding of guilt, &c.
[Section 27A Inserted by No. 79 of 2009, s. 17, Applied:01 Jan 2010](1) If a person who is a registered teacher or holder of a limited authority is charged with a prescribed offence in Tasmania or elsewhere, that person must give notice in writing to the Board, within 28 days after being so charged, of that charge and the details of the alleged prescribed offence.Penalty: Fine not exceeding 10 penalty units.(2) If a person who is a registered teacher or holder of a limited authority is charged with a prescribed offence in Tasmania or elsewhere and –the person must notify the Board in writing of that fact and, if the person is found guilty of the charge, of the circumstances in which the prescribed offence was committed within 28 days after the court so makes the finding or adjourns the proceedings or the charge is so dismissed or withdrawn.(a) a court has made a finding of guilty or not guilty or another finding in relation to the charge; or(b) a court adjourns proceedings on the charge sine die; or(c) the charge is dismissed or withdrawn –Penalty: Fine not exceeding 10 penalty units.(3) As soon as reasonably practicable after becoming aware that a registered teacher or holder of a limited authority has been found guilty of a prescribed offence in Tasmania or elsewhere, the Board is to notify, in writing, the employer of the registered teacher or holder of the limited authority of that fact if the employer is known to the Board.(4) As soon as reasonably practicable after becoming aware that, in relation to a charge for a prescribed offence in Tasmania or elsewhere –the Board is to notify, in writing, each corresponding registration authority of that fact.(a) a court has made a finding of guilty; or(b) a finding of guilt has been overturned on appeal –
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.
[Section 29 Substituted by No. 68 of 2003, Sched. 1, Applied:15 Dec 2003](1) A person may apply to the Magistrates Court (Administrative Appeals Division) for a review of a decision that the person is given notice of under section 28 .(2) [Section 29 Subsection (2) amended by No. 79 of 2009, s. 18, Applied:01 Jan 2010] In addition to any other order or power it may make or exercise in determining the application, the Magistrates Court (Administrative Appeals Division) may order the Board to take an action under section 18A , 24 or 26 .
29A. Publication of review processes under Act
[Section 29A Inserted by No. 9 of 2022, s. 152, Applied:01 Jul 2023] The Board is to publish, on a website maintained by the Board, details of each process that is available under this Act for the review of a decision or determination made by the Board under this Act.
A person, if required to do so, must assist the Board in holding an inquiry.Penalty: Fine not exceeding 2 penalty units.
31. Employers to notify of disciplinary action taken and certain resignations and retirements
[Section 31 Substituted by No. 79 of 2009, s. 19, Applied:01 Jan 2010](1) In this section –[Section 31 Subsection (1) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 31 Subsection (1) amended by No. 47 of 2016, s. 27, Applied:10 Jul 2017] employer means the Department, TasTAFE, the Catholic Education Office, Hobart or the governing body, within the meaning of the Education Act 2016 , of a school that is registered under that Act;unacceptable behaviour means behaviour of a person that –(a) does not satisfy a standard of behaviour generally expected of a teacher; or(b) is otherwise disgraceful or improper; or(c) shows that the person is unfit to be a teacher.(2) If an employer employs a person who is a registered teacher or holder of a limited authority to teach and that employer –the employer must notify the Board, in writing and within 28 days after so dismissing or taking other disciplinary action against the person, of the action taken by the employer and the details of the relevant behaviour.(a) considers any behaviour of the person to be unacceptable behaviour; and(b) because of that behaviour dismisses the person, or takes any other disciplinary action against the person –Penalty: Fine not exceeding 5 penalty units.(3) If a registered teacher or holder of a limited authority resigns or retires in circumstances which may have allowed his or her employer to consider any behaviour of the person to be unacceptable behaviour, the employer must notify the Board, in writing and within 28 days after the person has notified the employer of his or her resignation or retirement, of that resignation or retirement and the details of the relevant behaviour.Penalty: Fine not exceeding 5 penalty units.
[Section 32 Amended by No. 19 of 2003, s. 14, Applied:09 May 2003] [Section 32 Amended by No. 79 of 2009, s. 20, Applied:01 Jan 2010] [Section 32 Amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] [Section 32 Amended by No. 47 of 2016, s. 28, Applied:10 Jul 2017] [Section 32 Amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] An authorised person on behalf of the employer must provide the Board by not later than 1 August in each year with a return in an approved form of –(a) [Section 32 Amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] in the case of TasTAFE, all registered teachers at TasTAFE as at 1 July that year; and(b) [Section 32 Amended by No. 32 of 2021, Sched. 4, Applied:01 Jul 2022] in the case of any other school, all persons teaching at the school as at 1 July that year.Penalty: Fine not exceeding 5 penalty units.
32A. Providing information to corresponding bodies, &c.
[Section 32A Inserted by No. 79 of 2009, s. 21, Applied:01 Jan 2010](1) The Board may provide to a corresponding registration authority any information it has or obtains in the performance and exercise of its functions and powers in relation to –(a) a person who has made an application under this Act; and(b) a person who is or was a registered teacher or holder of a limited authority.(2) [Section 32A Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] Following the grant of registration or a limited authority to a person, the Board may require the person, in writing, to authorise it to obtain from a corresponding registration authority any information about the person held by that body –(a) [Section 32A Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] for the purpose of the renewal of registration or the extension of a limited authority; and(b) for the purpose of an inquiry in respect of that person, whether or not that person is still a registered teacher or the holder of a limited authority; and(c) for any other purpose related to the administration of this Act in respect of the person while the person is a registered teacher or the holder of a limited authority.(3) A person must comply with the requirement of the Board made under subsection (2) .Penalty: Fine not exceeding 10 penalty units.
[Section 33 Substituted by No. 79 of 2009, s. 22, Applied:01 Jan 2010] [Section 33 Substituted by No. 9 of 2022, s. 153, Applied:01 Jul 2023](1) The Board, in each year, is to provide to the Minister a report on the performance and exercise of its functions and powers for the period of 12 months that ended on the last preceding 30 June (or such other period of 12 months as may be determined by the Minister).(2) The annual report is to –(a) include –(i) a statement regarding the achievement of targets set out in the corporate plan approved and in effect under section 10B ; and(ii) the financial statements of the Board, as audited by the Auditor-General, for the financial year ending on 30 June in the year to which the annual report relates (or other period as determined by the Minister); and(iii) details of any changes to the membership of the Board; and(iv) any information required by the Minister; and(b) be completed by the date determined by the Minister.(3) In each year, the Minister is to, on or before 31 October or such other date as may be prescribed, cause a copy of the report referred to in subsection (1) to be laid on the table of each House of Parliament.(4) A date prescribed for the purposes of subsection (3) is to be a date not later than 4 months after the end of the period of 12 months referred to in subsection (1) .(5) If the Minister is unable to comply with subsection (3) by reason of the fact that either House of Parliament is not sitting, the Minister, on 31 October or such other date as is prescribed under subsection (3) , as the case may require, is to –and, within the next 7 sitting-days of that House, is to cause a copy of the report to be laid before that House.(a) forward a copy of the report referred to in subsection (1) to the Clerk of the Legislative Council and the Clerk of the House of Assembly; and(b) make the report available to the public –(6) If 31 October or such other date as is prescribed under subsection (3) is a Sunday or any day which is a bank holiday or a public holiday throughout the State (an excluded day), subsection (5) is taken to be complied with if a copy of the report is forwarded to the Clerk of the Legislative Council and the Clerk of the House of Assembly, and is made available to the public, on the next day afterwards, not being an excluded day.
(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) [Section 34 Subsection (2) amended by No. 50 of 2008, Sched. 1, Applied:01 Mar 2009] The Board is to prepare and forward to the Auditor-General a copy of its financial statements for each financial year in accordance with the Audit Act 2008 .(3) [Section 34 Subsection (3) omitted by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010] . . . . . . . .
34AA. Treasurer's Instructions
[Section 34AA Inserted by No. 9 of 2022, s. 154, Applied:01 Jul 2023](1) Subject to this section, Treasurer's Instructions issued under the Financial Management Act 2016 apply to and in relation to the Board as if it were an Agency within the meaning of that Act.(2) The Treasurer, by notice to the Board, may modify Treasurer's Instructions in their application to the Board.(3) If the Treasurer gives the Board a notice under subsection (2) modifying Treasurer's Instructions in their application to the Board, the Treasurer's Instructions that apply to and in respect of the Board are to be taken to be, for the purposes of this Act and the Financial Management Act 2016 , modified in accordance with the notice.
34A. Prosecutions under this Act
[Section 34A Inserted by No. 79 of 2009, s. 23, Applied:01 Jan 2010] A prosecution for an offence against this Act may be instituted –(a) by the chairperson of the Board; or(b) by a person authorised by the Board.
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 –[Section 37 Amended by No. 79 of 2009, s. 24, Applied:01 Jan 2010] [Section 37 Repealed by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] . . . . . . . .(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.
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.
(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) [Section 39 Subsection (2) amended by No. 79 of 2009, s. 25, Applied:01 Jan 2010] [Section 39 Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] any application for registration or a limited authority; and(b) any assessment of any of those applications; and(c) any verification of qualifications; and(d) [Section 39 Subsection (2) amended by No. 79 of 2009, s. 25, Applied:01 Jan 2010] [Section 39 Subsection (2) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] any annual fees and other 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) [Section 39 Subsection (2) amended by No. 79 of 2009, s. 25, Applied:01 Jan 2010] any entry in a 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.
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.
41. Transitional provisions consequent on Teachers Registration Amendment Act 2009
[Section 41 Inserted by No. 79 of 2009, s. 26, Applied:01 Jan 2010](1) In this section –commencement day means the day on which the Teachers Registration Amendment Act 2009 commences;former member means a person who, immediately before the commencement day, was a member of the former Registration Board;former Registration Board means the Teachers Registration Board as established and constituted under this Act as in force immediately before the commencement day.(2) Each former member is taken to have been validly appointed on the commencement day as a member of the Board –(a) for a period ending on the day on which the former member's appointment to the former Registration Board would end had this Act not been amended by the Teachers Registration Amendment Act 2009 ; and(b) on the same conditions as that appointment.(3) [Section 41 Subsection (3) amended by No. 11 of 2013, Sched. 1, Applied:01 Jul 2013] A certificate of registration that –is taken, during the period starting on the commencement day and ending on 30 June 2013, to be a certificate of full registration issued under section 15 as in force during that period and, on and after 1 July 2013, is taken to be a certificate of registration issued under section 15 as in force on and after that date.(a) was issued under section 15 as in force immediately before the commencement day; and(b) would have had effect on the commencement day had this Act not been amended by the Teachers Registration Amendment Act 2009 –(4) A certificate of limited authority that –is taken to be a notice of limited authority.(a) was issued under section 17(5) as in force immediately before the commencement day; and(b) would have had effect on the commencement day had this Act not been amended by the Teachers Registration Amendment Act 2009 –
42. Transitional provisions consequent on Education Legislation Amendments (Education Regulation) Act 2022
[Section 42 Inserted by No. 9 of 2022, s. 155, Applied:01 Jul 2023](1) In this section –commencement day means the day on which this section commences;former member means a person who, immediately before the commencement day, was a member of the former Board;former Board means the Teachers Registration Board of Tasmania as established and constituted under this Act as in force immediately before the commencement day.(2) Each former member is taken to have been validly appointed on the commencement day as a member of the Board –(a) for a period ending on the day on which the former member's appointment to the former Board would end had this Act not been amended by the Education Legislation Amendments (Education Regulation) Act 2022; and(b) on the same conditions as that appointment.
43. Amendment of subordinate legislation not bar to further amendment or repeal
[Section 43 Inserted by No. 9 of 2022, s. 155, Applied:01 Jul 2023] The amendment by the Education Legislation Amendments (Education Regulation) Act 2022 of any subordinate legislation does not bar its subsequent amendment or repeal by statutory rule.
SCHEDULE 1 - Membership and meetings of Board
1. InterpretationIn this Schedule,member means a member of the Board.
2. Term of office[Schedule 1 Amended by No. 9 of 2022, s. 156, Applied:01 Jul 2023] A member is to be appointed for the period, not exceeding 3 years, specified in the instrument of appointment and, if eligible, may be reappointed.
2A. Reappointment of members[Schedule 1 Amended by No. 9 of 2022, s. 156, Applied:01 Jul 2023] The Minister –(a) is to determine the number of times that a member may be reappointed; and(b) in making that determination, may seek advice from an advisory council established under section 249 of the Education Act 2016 .
3. Conditions of appointment(1) A member is entitled to be paid any remuneration and allowances the Minister determines.(2) [Schedule 1 Amended by No. 9 of 2022, s. 156, Applied:01 Jul 2023] A member who is a State Service officer or State Service employee is not entitled to remuneration or allowances under this clause except with the approval of the Minister administering the State Service Act 2000 .(3) [Schedule 1 Amended by No. 9 of 2022, s. 156, Applied:01 Jul 2023] A member holds office on such conditions, in relation to matters not provided for by this Act, as are specified in the member's instrument of appointment.
4. Holding other officeThe 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.
4A. Notifying of matter that may affect Minister's opinion of character[Schedule 1 Amended by No. 79 of 2009, s. 27, Applied:01 Jan 2010] If a member does or omits any act, or is involved in any situation or circumstances, that may affect whether the Minister would consider the member to be fit to be a member of the Board, the member must notify the Minister in writing of the act, omission, situation or circumstances as soon as is reasonable.
5. ResignationA member may resign by signed notice given to the Minister.
6. Removal of memberThe 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(ea) [Schedule 1 Amended by No. 79 of 2009, s. 27, Applied:01 Jan 2010] if the Minister is of the opinion that the member –(i) is no longer fit to be a member of the Board; or(ii) has failed to notify the Minister as required under clause 4A ; or(eb) [Schedule 1 Amended by No. 9 of 2022, s. 156, Applied:01 Jul 2023] in relation to current registration under the Registration to Work with Vulnerable People Act 2013 , if the member –(i) does not hold such registration; or(ii) has had such registration suspended and the suspension has not been revoked; 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 appointmentAn appointment of a person as a member is not invalid merely because of a defect or irregularity in relation to the appointment.
9. PresumptionsIn 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 meetingsA 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) [Schedule 1 Amended by No. 9 of 2022, s. 156, Applied:01 Jul 2023] At a meeting of the Board, a quorum is constituted by a majority of the members of the Board.(2) At a meeting of the Board –(a) the member presiding has a deliberative vote only; and(b) a question is decided –(i) [Schedule 1 Amended by No. 9 of 2022, s. 156, Applied:01 Jul 2023] by a majority of votes of the members present and voting, including those participating in accordance with clause 14(2) ; or(ii) in the negative if there is an equality of votes of the members present and voting.
13. MinutesThe 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[Schedule 1 Amended by No. 9 of 2022, s. 156, Applied:01 Jul 2023](1) Subject to this Act, the Board may regulate the calling of, and the conduct of business at, its meetings as it considers appropriate.(2) The Board may permit members to participate in a particular meeting or all meetings by –(a) telephone; or(b) video conference; or(c) any other means of communication approved by the Board.(3) A member who participates in a meeting under a permission granted under subclause (2) is taken to be present at the meeting.(4) Without limiting subclause (1) , the Board may allow a person to attend a meeting for the purpose of advising or informing it on any matter.
14A. Registrar is to attend meetings[Schedule 1 Amended by No. 9 of 2022, s. 156, Applied:01 Jul 2023](1) Subject to subclause (4) , the Registrar is to attend meetings of the Board.(2) At a meeting of the Board, the Registrar is to provide information and advice as requested by the Board.(3) The Registrar may not vote at a meeting of the Board.(4) Despite subclause (1) , the Board may meet in the absence of the Registrar.
14B. Resolutions without meetings[Schedule 1 Amended by No. 9 of 2022, s. 156, Applied:01 Jul 2023](1) If all members sign a document containing a statement that they are in favour of a resolution in the terms set out in the document, a resolution in those terms is taken to have been passed at a meeting of the Board held on the day on which the document is signed or, if the members do not sign it on the same day, on the day on which the last of the members signs the document.(2) If a resolution is taken to have been passed under subclause (1) , each member is to be –(a) advised immediately of the matter; and(b) given a copy of the terms of the resolution.(3) For the purposes of subclause (1) , 2 or more separate documents containing a statement in identical terms, each of which is signed by one or more members, is taken to constitute one document.
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.