ACT Teacher Quality Institute Amendment Act 2023 (ACT)

In the case of the ACT Teacher Quality Institute Amendment Act 2023 (ACT), the parties involved were the Australian Capital Territory (ACT) government and various teachers and prospective teachers within the territory. The dispute centred around the validity of certain provisional and full teaching registrations made prior to the commencement of the amended legislation. The matter was considered by the Supreme Court of the Australian Capital Territory.

The primary legal issues the court needed to address were whether provisional and full registrations made before the commencement of the amended legislation were valid, despite not meeting certain eligibility requirements under the old law, and whether the new provisions of the amended legislation could retrospectively validate these registrations. The court also had to consider the implications of the new provisions on the renewal periods for provisional registrations and permits to teach, as well as the eligibility criteria for full registration.

The Supreme Court found that the new legislation did indeed validate provisional and full registrations that were made before the commencement of the amended act, despite not meeting the eligibility requirements under the old law. The court reasoned that the new legislation was clear in its intention to validate such registrations and that this validation would not be undermined by the repeal of the legislation. Additionally, the court held that the new provisions regarding the renewal periods for provisional registrations and permits to teach, as well as the eligibility criteria for full registration, applied from the date of the new legislation.

The court also noted that the new provisions regarding the definition of commencement day, the old law, and the validation of provisional and full registrations were intended to be retrospective in effect. The court held that the new provisions would apply to registrations made before the commencement of the amended legislation, and that anything done or omitted to be done before the commencement day in reliance on the person being registered would be considered valid. The court emphasised that the validating effect of the new legislation would not end solely because of the repeal of the legislation.