ACT Teacher Quality Institute Amendment Act 2019 (ACT)
ACT Teacher Quality Institute Amendment Act 2019
A2019-26
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Legislation amended 2
Part 2ACT Teacher Quality Institute Act 2010
4 Functions of instituteNew section 11 (1) (ba) and (bb) 3
5 Eligibility for full registrationSection 32 (1) (a) 3
6 Eligibility for provisional registrationSection 33 (1) (a) 3
7 Eligibility for permit to teachSection 34 (b) (ii) 4
8 Keeping teachers registerSection 42 (4) to (6) 4
9 Details to be entered in teachers registerSection 43 (1) (f) 4
10 Section 43 (1) (k) 4
11 Section 43 (2) 4
12 New section 43A 5
13 Section 44 heading 6
14 New sections 44A and 44B 6
15 New part 6A 7
16 Criteria for accreditation of education programsSection 76 (a) (i) 15
17 New section 94A 16
18 New part 16 17
19 Dictionary, new definitions 18
20 Dictionary, definition of accredited education program 18
21 Dictionary, new definition of approved data linkage agency 18
22 Dictionary, definition of education program 19
23 Dictionary, definition of government school 19
24 Dictionary, new definition of planning or research purpose 19
25 Dictionary, definition of pre-service teacher 19
26 Dictionary, new definitions 19
Part 3ACT Teacher Quality Institute Regulation 2010
27 Application for registration or permit to teach—details—Act, s 30 (2) (a)Section 6 (1) (g) 21
28 Section 6 (2) 21
29 Section 7 heading 21
30 Section 7 (1) (a) and (b) 21
31 Sections 8 and 11 22
32 New part 2B 22
33 Dictionary, note 3 23
34 Dictionary, note 3 23
35 Dictionary, note 3 23
ACT Teacher Quality Institute Amendment Act 2019
A2019-26
An Act to amend the ACT Teacher Quality Institute Act 2010 and the ACT Teacher Quality Institute Regulation 2010
The Legislative Assembly for the Australian Capital Territory enacts as follows:
Part 1Preliminary
Name of Act
This Act is the ACT Teacher Quality Institute Amendment Act 2019.
Commencement
(1)This Act (other than section 15, so far as it inserts section 70F) commences on the day after its notification day.
NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
(2)Section 15, so far as it inserts section 70F, commences on 1 January 2020.
Legislation amended
This Act amends the ACT Teacher Quality Institute Act 2010 and the ACT Teacher Quality Institute Regulation 2010.
Part 2ACT Teacher Quality Institute Act 2010
Functions of institute
New section 11 (1) (ba) and (bb)insert
(ba)to keep a register of, and records relating to, pre-service teachers undertaking or intending to undertake professional experience;
(bb)to use and share information on the teachers register and pre‑service teachers register to facilitate planning or research in relation to teacher quality or the teaching workforce (a planning or research purpose);
Eligibility for full registration
Section 32 (1) (a)substitute
(a)the person holds a teaching qualification prescribed by regulation for registration; and
Eligibility for provisional registration
Section 33 (1) (a)substitute
(a)the person holds a teaching qualification prescribed under section 32 (1) (a), but in the 5-year period before the day the application is made has not taught for the period prescribed by regulation for section 32 (1) (b); and
Eligibility for permit to teach
Section 34 (b) (ii)substitute
(ii)has completed all professional experience required to achieve the qualification; and
Keeping teachers register
Section 42 (4) to (6)omit
Details to be entered in teachers register
Section 43 (1) (f)omit
indigenous person
substitute
Aboriginal or Torres Strait Islander person
Section 43 (1) (k)
after
experience
insert
, including any education program,
Section 43 (2)
substitute
(2)The teachers register may also include the following information in relation to teachers that the institute considers may be relevant for this Act:
(a)current employment;
(b)teaching history;
(c)education programs undertaken;
(d)anything else prescribed by regulation.
New section 43A
insert
43ASharing teachers register information—status of registration or permit
(1)The following information on the teachers register must be made available to a teacher’s employer or prospective employer on request:
(a)whether a teacher holds full registration, provisional registration or a permit to teach;
(b)any conditions that apply to the teacher’s registration or permit to teach;
(c)whether the teacher’s registration or permit to teach is suspended or cancelled;
(d)any education programs undertaken by the teacher.
(2)However, the institute must not, under subsection (1) (c), make available the grounds for suspension or cancellation of a teacher’s registration or permit to teach.
(3)The institute may make information on the teachers register, about whether a teacher holds full registration, provisional registration or a permit to teach, available to someone else on request.
Section 44 heading
substitute
Sharing teachers register information—corresponding registering authority
New sections 44A and 44B
insert
44ASharing teachers register information—approved data linkage agency
(1)The institute may give information on the teachers register to an approved data linkage agency if the institute is satisfied the information will be used for a planning or research purpose.
NoteApproved data linkage agency—see s 94A.
(2)An approved data linkage agency that receives information under this section may give the information to another entity only for a planning or research purpose.
(3)However, an approved data linkage agency that receives information under this section must not—
(a)give the information to another entity in a way that identifies a teacher; or
(b)use the information—
(i)in a way that identifies a teacher; or
(ii)for a purpose other than a planning or research purpose.
(4)In this section:
information, on the teachers register, includes information removed from the teachers register under section 45 (3).
44BSharing teachers register information—other entities
(1)The institute may give information on the teachers register to an entity if the institute is satisfied the information will be used for a planning or research purpose.
(2)However—
(a)the institute must not give any information to an entity in a way that identifies a teacher; and
(b)the entity must not use the information for a purpose other than a planning or research purpose.
(3)In this section:
information, on the teachers register—see section 44A (4).
New part 6A
insert
Part 6AProfessional experience
Division 6A.1 Preliminary
70EMeaning of professional experience
In this Act:
professional experience means the placement of a pre-service teacher at a school to undertake the professional teaching experience required of an accredited pre-service teacher education program.
Division 6A.2 Approval for professional experience
70FApproval required for professional experience
A pre-service teacher must not undertake professional experience at a school unless the pre-service teacher is approved for professional experience.
70GProfessional experience approval
(1)A person may apply to the institute for approval for professional experience if the person—
(a)is a pre-service teacher; and
(b)holds a working with vulnerable people registration.
(2)The application must include—
(a)any details prescribed by regulation; and
(b)any documents or information needed to satisfy the institute of the matters set out in subsection (1).
NoteGiving false or misleading information and producing false or misleading documents are offences against the Criminal Code, s 338 and s 339.
(3)However, the application need not include any details prescribed by regulation as optional.
(4)The institute must, on application, approve a person for professional experience if satisfied that the person meets—
(a)the requirements set out in subsection (1); and
(b)any other requirements prescribed by regulation.
(5)A pre-service teacher’s approval is in force for the period—
(a)beginning on the day the approval is given; and
(b)ending on the earliest of any of the following occurring:
(i)the pre-service teacher stops being enrolled in an accredited pre‑service teacher education program;
(ii)the pre-service teacher’s working with vulnerable people registration is suspended or ends;
(iii)the pre-service teacher no longer meets any requirement prescribed by regulation under subsection (4) (b);
(iv)any period for an approval prescribed by regulation ends.
Division 6A.3 Pre-service teachers register
70HRegister of pre-service-teachers
(1)The institute must keep a register (the pre-service teachers register) of pre-service teachers who are approved to undertake professional experience.
(2)The pre-service teachers register may be kept in any form, including electronically.
Example
1 or more computer databases
(3)The institute must not disclose any information on the pre-service teachers register to anyone else except in accordance with this Act or another law in force in the ACT.
NoteThe Territory privacy principles (the TPPs) apply to the institute (see Information Privacy Act 2014, sch 1). The TPPs deal with the collection, storage and exchange of personal information.
(4)Any mistake, error or omission on the pre-service teachers register must be corrected.
NoteIt is an offence to divulge protected information such as the information on the pre-service teachers register unless authorised by law (see s 92).
70IDetails to be entered on pre-service teachers register
(1)The following details must be entered on the pre-service teachers register in relation to a pre-service teacher approved for professional experience:
(a)the pre-service teacher’s—
(i)name and any former names; and
(ii)home address, preferred contact address, phone number and email address; and
(iii)date of birth; and
(iv)working with vulnerable people registration;
(b)any number issued by the Commonwealth to uniquely identify the pre-service teacher as a Commonwealth assisted student;
Example
the pre-service teacher’s Commonwealth Higher Education Student Support Number
(c)details of the accredited pre-service teacher education program in which the pre‑service teacher is enrolled, including—
(i)the program provider’s name; and
(ii)the name of the program;
(d)details of any professional experience the pre-service teacher has undertaken or intends to undertake at a school within or outside the ACT, including—
(i)the name and address of the school; and
(ii)the period of the placement; and
(iii)the name of any person supervising or mentoring the pre‑service teacher;
(e)the period the approval is in force;
(f)the approval number;
(g)any other details prescribed by regulation.
(2)The pre-service teachers register may also include—
(a)the pre-service teacher’s gender; and
(b)whether the pre-service teacher is an Aboriginal or Torres Strait Islander person; and
(c)any details about any education program or professional experience of a pre-service teacher that the institute considers may be relevant for this Act.
70JSharing pre-service teachers register information—principals and universities
(1)The institute may, on request, give relevant information about a pre‑service teacher held on the pre-service teachers register to the following people:
(a)the principal of a school within or outside the ACT at which the pre-service teacher has undertaken, or intends to undertake, professional experience;
(b)the provider of the accredited pre-service teacher education program in which the pre-service teacher is enrolled.
(2)However, the institute must not give the relevant information unless satisfied the person needs the information for the administration of the pre-service teacher’s professional experience.
(3)In this section:
relevant information, about a pre-service teacher, means—
(a)the pre-service teacher’s—
(i)name and any former names; and
(ii)home address, preferred contact address, phone number and email address; and
(iii)date of birth; and
(iv)working with vulnerable people registration; and
(b)the name of the provider of the accredited pre-service teacher education program in which the pre-service teacher is enrolled; and
(c)the following details of any professional experience the pre‑service teacher has undertaken or intends to undertake at a school within or outside the ACT:
(i)the name and address of the school;
(ii)the period of the professional experience;
(iii)the name of any person supervising or mentoring the pre‑service teacher.
70K Sharing pre-service teacher information—approved data linkage agency
(1)The institute may give information on the pre-service teachers register to an approved data linkage agency if the institute is satisfied the information will be used for a planning or research purpose.
NoteApproved data linkage agency—see s 94A.
(2)An approved data linkage agency that receives information under this section may give the information to another entity only for a planning or research purpose.
(3)However, an approved data linkage agency that receives information under this section must not—
(a)give the information to another entity in a way that identifies a pre-service teacher or a provider of an accredited pre-service teacher education program; or
(b)use the information—
(i)in a way that identifies a pre-service teacher or a provider of an accredited pre-service teacher education program; or
(ii)for a purpose other than a planning or research purpose.
(4)In this section:
information, on the pre-service teachers register, includes information removed from the pre-service teachers register under section 70M (4).
70LSharing pre-service teachers register information—other entities
(1)The institute may give information on the pre-service teachers register to an entity if the institute is satisfied the information will be used for a planning or research purpose.
(2)However—
(a)the institute must not give the information to an entity in a way that identifies a pre-service teacher or a provider of an accredited pre-service teacher education program; and
(b)the entity must not use the information for a purpose other than a planning or research purpose.
(3)In this section:
information, on the pre-service teachers register—see section 70K (4).
70MChanges to pre-service teachers register
(1)A pre-service teacher approved for professional experience must tell the institute about any of the following events as soon as practicable, but not later than 21 days, after the event happens:
(a)the pre-service teacher’s name or address changes;
(b)the pre-service teacher’s working with vulnerable people registration ends or is suspended.
(2)The provider of the accredited pre-service teacher education program in which a pre-service teacher is enrolled must tell the institute—
(a)if the pre-service teacher’s enrolment ends; or
(b)if the provider becomes aware that the pre-service teacher’s working with vulnerable people registration has ended or been suspended—that the registration has ended or been suspended.
(3)If a change in relation to a pre-service teacher is notified under subsection (1) or (2), the institute must enter the change on the pre‑service teachers register.
(4)If a pre-service teacher’s approval ends, the pre-service teacher’s details must be removed from the pre-service teachers register.
NoteFor when a pre-service teacher’s approval ends, see s 70G (5) (b).
(5)However, nothing in this section prevents the institute keeping a record of any of the following in relation to a pre-service teacher or an approval:
(a)a previous name or address of the pre-service teacher;
(b)a previous enrolment of the pre-service teacher in a pre-service teaching education program;
(c)any details removed from the pre-service teachers register under subsection (4).
(6)In this section:
address means home address, preferred contact address and email address.
70NPre-service teacher may correct pre-service teachers register
(1)The institute must, if asked by a pre-service teacher, give the pre‑service teacher a copy of all the information held on the pre‑service teachers register in relation to the pre-service teacher.
(2)The institute must comply with subsection (1) as soon as practicable, but not later than 14 days, after the day the institute is asked.
(3)A pre-service teacher may ask the institute to amend any incorrect information held on the pre-service teachers register in relation to the pre-service teacher.
(4)The institute must comply with the request if satisfied that the information is incorrect.
Criteria for accreditation of education programs
Section 76 (a) (i)omit
pre-school
substitute
preschool
New section 94A
insert
94AApproved data linkage agency
(1)The Minister may approve, in writing, an entity (an approved data linkage agency) to which the institute may give information on the teachers register and the pre-service teachers register for a planning or research purpose.
(2)The Minister must not approve an entity as an approved data linkage agency unless the Minister is satisfied that—
(a)the entity’s policies, procedures and practices for handling personal information comply with the Privacy Act 1988 (Cwlth), the Information Privacy Act 2014 or a law of another jurisdiction that corresponds or substantially corresponds to either of those Acts; and
(b)the entity stores and protects personal information in accordance with the Australian Government’s Protective Security Policy Framework or a policy of another jurisdiction that corresponds or substantially corresponds to the framework; and
NoteThe Protective Security Policy Framework is accessible at entity manages personal information in accordance with the Archives Act 1983 (Cwlth), the Territory Records Act 2002 or a law of another jurisdiction that corresponds or substantially corresponds to either of those Acts.
New part 16
Part 16Transitional—ACT Teacher Quality Institute Amendment Act 2019
Meaning of commencement day—pt 16
In this part:
commencement day means the day the ACT Teacher Quality Institute Amendment Act 2019, section 3 commences.
Renewal of registration—teachers registered before commencement day
(1)This section applies to an application for renewal of registration under section 51 (whether made before or after the commencement day) if the applicant—
(a)was a registered teacher immediately before the commencement day; and
(b)has maintained registration as a teacher under this Act since the commencement day.
(2)For section 51 (5) (a), the applicant is eligible for renewal of—
(a)if the teacher satisfies the eligibility requirements for full registration in force immediately before the commencement day—full registration; or
(b)if the teacher satisfies the eligibility requirements for provisional registration in force immediately before the commencement day—provisional registration.
Expiry—pt 16
This part expires 5 years after the commencement day.
NoteTransitional provisions are kept in the Act for a limited time. A transitional provision is repealed on its expiry but continues to have effect after its repeal (see Legislation Act, s 88).
Dictionary, new definitions
insert
Aboriginal or Torres Strait Islander person means a person who—
(a)is a descendant of an Aboriginal person or a Torres Strait Islander person; and
(b)identifies as an Aboriginal person or a Torres Strait Islander person; and
(c)is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community.
accredited, in relation to an education program, means accredited under division 7.2.
Dictionary, definition of accredited education program
omit
Dictionary, new definition of approved data linkage agency
insert
approved data linkage agency means an entity approved by the Minister under section 94A.
Dictionary, definition of education program
substitute
education program means—
(a)a pre-service teacher education program; or
(b)a program of learning suitable for the professional learning and development of teachers.
Dictionary, definition of government school
omit
pre-school
substitute
preschool
Dictionary, new definition of planning or research purpose
insert
planning or research purpose—see section 11 (1) (bb).
Dictionary, definition of pre-service teacher
substitute
pre-service teacher means a person enrolled in an accredited pre‑service teacher education program.
Dictionary, new definitions
insert
pre-service teacher education program means a program of learning that prepares pre-service teachers for employment as preschool, primary school or secondary school teachers.
pre-service teachers register—see section 70H.
professional experience—see section 70E.
working with vulnerable people registration means registration that allows a person to work with children under—
(a)the Working with Vulnerable People (Background Checking) Act 2011; or
(b)a law of another jurisdiction that corresponds or substantially corresponds to the Working with Vulnerable People (Background Checking) Act 2011.
Part 3ACT Teacher Quality Institute Regulation 2010
Application for registration or permit to teach—details—Act, s 30 (2) (a)
Section 6 (1) (g)omit
indigenous person
substitute
Aboriginal or Torres Strait Islander person
Section 6 (2)
omit
Section 7 heading
substitute
Eligibility for full registration—teaching qualifications—Act, s 32 (1) (a)
Section 7 (1) (a) and (b)
substitute
(a)a pre-service teacher education program—
(i)consisting of at least 4 years of academic study; and
(ii)including an accredited pre-service teacher education program for undergraduates;
NoteAccreditation of education programs is dealt with in the Act, pt 7.
(b)an accredited pre-service teacher education program for graduates;
Sections 8 and 11
omit
New part 2B
insert
Part 2BApproval for professional experience
18HProfessional experience approval—application details—Act, s 70G (2) (a)
The following details are prescribed:
(a)the applicant’s name and any former names;
(b)the applicant’s home address, preferred contact address, phone number and email address;
(c)the applicant’s date of birth;
(d)details of the applicant’s working with vulnerable people registration;
(e)any number issued by the Commonwealth to uniquely identify the applicant as a Commonwealth assisted student;
Example
the applicant’s Commonwealth Higher Education Student Support Number
(f)details of the accredited pre-service teacher education program in which the applicant is enrolled, including—
(i)the program provider’s name; and
(ii)the name of the program.
18IProfessional experience approval—optional application details—Act, s 70G (3)
The following details are prescribed:
(a)the applicant’s gender;
(b)whether the applicant is an Aboriginal or Torres Strait Islander person.
18JProfessional experience approval—period of approval—Act, s 70G (5) (b) (iv)
A period of 4 years is prescribed.
Dictionary, note 3
insert
· Aboriginal or Torres Strait Islander person
· accredited
Dictionary, note 3
omit
· accredited education program
Dictionary, note 3
insert
· education program
· pre-service teacher education program
· working with vulnerable people registration
Endnotes
Presentation speech
Presentation speech made in the Legislative Assembly on 6 June 2019.
Notification
Notified under the Legislation Act on 28 August 2019.
Republications of amended laws
For the latest republication of amended laws, see certify that the above is a true copy of the ACT Teacher Quality Institute Amendment Bill 2019, which was passed by the Legislative Assembly on 22 August 2019.
Clerk of the Legislative Assembly
© Australian Capital Territory 2019
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