Education (Queensland College of Teachers) Act 2005 (Qld)

Education (Queensland College of Teachers) Act 2005

An Act to establish the Queensland College of Teachers, to confer functions on the college including functions about the registration of teachers in Queensland and related matters, to establish the Office of the Queensland College of Teachers, and for other purposes

Chapter 1    Preliminary

1   Short title

This Act may be cited as the Education (Queensland College of Teachers) Act 2005.

2   Commencement

This Act, other than sections 6, 299 and 304 and schedule 3, commences on 1 January 2006.

3   Main objects of Act

(1)The main objects of the Act are—

(a)to uphold the standards of the teaching profession; and

(b)to maintain public confidence in the teaching profession; and

(c)to protect the public by ensuring education in schools is provided in a professional and competent way by approved teachers.

(2)The objects are to be achieved mainly by—

(a)establishing the Queensland College of Teachers; and

(b)conferring on the college functions and powers about—

(i)granting registration or permission to teach to persons; and

(ii)certifying teachers as highly accomplished teachers or lead teachers; and

(iii)taking disciplinary action against approved teachers; and

(iv)monitoring compliance with and enforcing this Act; and

(c)establishing the Office of the Queensland College of Teachers to help the college in the performance of its functions.

4   Act binds all persons

(1)This Act binds all persons, including the State.

(2)This Act does not make the State liable to be prosecuted for an offence.

5   Mutual recognition legislation not affected

This Act does not affect the operation of the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003.

6   Dictionary

The dictionary in schedule 3 defines particular words used in this Act.

7   Meaning of harm

(1)Harm, to a child, is any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing.

(2)It is immaterial how the harm is caused.

(3)Harm can be caused by—

(a)physical, psychological or emotional abuse or neglect; or

(b)sexual abuse or exploitation.

(4)Harm can be caused by—

(a)a single act, omission or circumstance; or

(b)a series or combination of acts, omissions or circumstances.

Chapter 2    Registration and permission to teach

Part 1    Eligibility requirements

8   Eligibility for full registration

(1)A person is eligible for full registration if the college is reasonably satisfied—

(a)either—

(i)the person has attained the qualifications and experience for full registration prescribed under a regulation; or

(ii)the person’s education, demonstrated abilities, experience, knowledge and skills establish that the person meets the requirements under the professional standards for full registration; and

Example—

A person has a teaching qualification that is not a prescribed qualification but has long and meritorious teaching experience in a school, whether or not the school is in Queensland.

(b)the person is suitable to teach; and

(c)if the person is a person prescribed by regulation as being required to take a test for literacy, numeracy or science prescribed by regulation, the person—

(i)has taken the test; and

(ii)achieved a test result the college considers is satisfactory for full registration; and

Note—

Chapter 2, part 2, division 3 states the matters that may be prescribed for tests for literacy, numeracy or science.

(d)the person meets any other requirements for professional practice for full registration prescribed under a regulation.

(2)The requirements mentioned in subsection (1)(a) and (d) are the professional practice requirements for full registration.

(3)The requirements mentioned in subsection (1)(a) to (d) are the eligibility requirements for full registration.

(4)Without limiting subsection (1), the college may be satisfied the person meets the eligibility requirements for full registration by imposing conditions on the registration under section 20.

9   Eligibility for provisional registration

(1)A person is eligible for provisional registration if the college is reasonably satisfied—

(a)either—

(i)the person has attained the qualifications for provisional registration prescribed under a regulation; or

(ii)the person’s education, demonstrated abilities, experience, knowledge and skills establish that the person meets the requirements under the professional standards for provisional registration; and

Example—

A person has a qualification other than a prescribed qualification, at degree level or higher, from a higher education institution and has long and meritorious teaching experience in a non-school setting, such as a TAFE or higher education institution.

(b)the person is suitable to teach; and

(c)if the person is a person prescribed by regulation as being required to take a test for literacy, numeracy or science prescribed by regulation, the person—

(i)has taken the test; and

(ii)achieved a test result the college considers is satisfactory for provisional registration; and

Note—

Chapter 2, part 2, division 3 states the matters that may be prescribed for tests for literacy, numeracy or science.

(d)the person meets any other requirements for professional practice for provisional registration prescribed under a regulation.

(2)The requirements mentioned in subsection (1)(a) and (d) are the professional practice requirements for provisional registration.

(3)The requirements mentioned in subsection (1)(a) to (d) are the eligibility requirements for provisional registration.

(4)Without limiting subsection (1), the college may be satisfied the person meets the eligibility requirements for provisional registration by imposing conditions on the registration under section 20.

10   Eligibility for permission to teach

(1)A person is eligible for permission to teach if the college is reasonably satisfied the person—

(a)has been offered a teaching position in a school and the employing authority for, or principal of, the school can not find an appropriate registered teacher to fill the position; and

(b)has knowledge, qualifications, skills or training reasonably considered by the college to be relevant to the teaching position the person has been offered; and

(c)is suitable to teach; and

(d)meets any other requirements for professional practice for permission to teach prescribed under a regulation.

(2)The requirements mentioned in subsection (1)(a) to (d) are the eligibility requirements for permission to teach.

(3)Without limiting subsection (1), the college may be satisfied the person meets the eligibility requirements for permission to teach by imposing conditions on the permission under section 20.

11   Suitability to teach—police information

(1)In considering whether a person is suitable to teach, the college must have regard to—

(a)police information about the person obtained under section 14 or 15; and

(b)other information about the person obtained under section 15; and

(c)information about the person obtained under section 15B, 15C or 15D.

(2)If the college is aware the person’s criminal history includes a conviction for a serious offence or a disqualifying offence, the college must decide the person is not suitable to teach, unless the college is satisfied it is an exceptional case in which it would not harm the best interests of children for the person to teach.

(3)In having regard to the person’s criminal history, the college must consider the following matters relating to information about the commission, or alleged or possible commission, of an offence by the person—

(a)when the offence was committed, is alleged to have been committed or may possibly have been committed;

(b)the nature of the offence and its relevance to the duties of a teacher;

(c)anything else the college considers relevant to deciding whether the person is suitable to teach.

(4)The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply in relation to the college’s decision under subsection (2).

(5)This section is subject to section 12A.

12   Suitability to teach—other considerations

(1)In considering whether a person is suitable to teach, the college must also—

(a)have regard to information held by the college or reasonably available to the college about each of the following matters—

(i)any conviction of the person of an offence against a corresponding law or another law of a foreign country;

(ii)if the person has been refused registration as a teacher by an interstate regulatory authority or an overseas regulatory authority—the reason for the refusal;

(iii)if the person has been employed by an employing authority for a school and the person’s employment was ended by the employing authority for a reason relating to the person’s competency or suitability to teach—the reason for the ending of the person’s employment;

(iv)if the person has been registered under this Act or a former Act or is, or has been, registered under a corresponding law and the registration was affected—

(A)by the imposition of a condition—the nature of the condition and the reasons for its imposition; or

(B)by its suspension or cancellation—the reason for its suspension or cancellation; or

(C)in another way—the way it was affected and the reason for it being affected; and

(b)consider whether the person is suitable to work in a child-related field.

(2)Also, in considering whether a person is suitable to teach the college may have regard to any other matter the college considers relevant, even if the matter happened outside the State.

(3)Without limiting section 11 or subsection (1) or (2), a person is not suitable to teach if the person behaves in a way that—

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

(b)shows the person is unfit to be granted registration or permission to teach.

(4)This section is subject to section 12A.

(5)In this section—

corresponding law means a law applying, or that applied, in another State, the Commonwealth or a foreign country that provides, or provided, for the same matter as this Act or a provision of this Act.

overseas regulatory authority means an entity—

(a)established under the law of another country, other than New Zealand; and

(b)that has functions similar to the functions of the college under this Act.

12A   Suitability to work in child-related field—interstate information

(1)In considering whether a person is suitable to work in a child-related field as mentioned in section 12(1)(b), the college must consider whether the person poses a risk of harm to children.

(2)In considering whether the person poses a risk of harm to children, the college must have regard to—

(a)the person’s expanded interstate criminal history; and

(b)any other information, that relates to the person’s expanded interstate criminal history, disclosed by the commissioner of police under section 15, or an interstate commissioner of police under section 15A.

(3)In having regard to the matters mentioned in subsection (2), the college must consider the following matters relating to information about the commission, or alleged or possible commission, of an offence by the person—

(a)when the offence was committed, is alleged to have been committed or may possibly have been committed;

(b)the nature of the offence and its relevance to the duties of a teacher;

(c)anything else the college considers relevant to deciding whether the person poses a risk of harm to children.

(4)This section does not limit the matters the college may consider under section 11(2) or 12(1)(b).

(5)However, despite section 11 or 12, in considering whether a person is suitable to teach, the college may have regard to the person’s expanded interstate criminal history, or information of the type mentioned in subsection (2)(b), only to consider whether the person poses a risk of harm to children.

Notes—

1This section implements the Council of Australian Governments’ (COAG) agreement dated 29 November 2008 to facilitate the inter-jurisdictional exchange of criminal history information for people working with children.

2A copy of COAG’s communiqué about the agreement is available on COAG’s website.

Part 1A    Eligibility declarations

Division 1 Preliminary

12B   Purpose of pt 1A

The purpose of this part is to allow a person who is an eligibility applicant to apply to the college for a declaration (eligibility declaration) that the person is not an excluded person.

12C   Application of part 1A

This part applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986.

12D   Definitions for pt 1A

In this part—

eligibility applicant means a person who—

(a)is, or has been, convicted of a serious offence or a disqualifying offence, other than a person whose conviction for the offence is overturned on appeal; and

(b)is not subject to an imprisonment order for the offence; and

(c)is not a relevant excluded person.

Division 2 Eligibility application

12E   Application for eligibility declaration

(1)An eligibility applicant may make an application (eligibility application) to the college for an eligibility declaration.

(2)However, the applicant can not make an eligibility application within 2 years after making a previous eligibility application that has been refused, unless the decision to refuse the previous eligibility application was based on wrong or incomplete information.

(3)The eligibility application must be—

(a)in the approved form; and

(b)signed by the applicant; and

(c)accompanied by each of the following—

(i)the prescribed fee;

(ii)the criminal history check fee;

(iii)other documents or information, identified in the approved form, reasonably required by the college to decide the application.

(4)The approved form—

(a)must include provision for—

(i)identifying information about the applicant; and

(ii)certification by a prescribed person that the prescribed person has sighted the applicant’s proof of identity documents; and

(b)may require disclosure of police information about the applicant.

(5)Information contained in or accompanying the application must, if required by the college, be verified by statutory declaration.

(6)In this section—

commissioner for declarations means commissioner for declarations under the Justices of the Peace and Commissioners for Declarations Act 1991.

identifying information, about an applicant, means information that identifies the applicant.

prescribed person means a justice, commissioner for declarations, lawyer or police officer.

proof of identity documents, for an eligibility applicant, means the documents, relating to proof of the identity of the applicant, prescribed under a regulation.

12F   Decision on eligibility application

(1)The college must refuse to grant the eligibility application unless the college is satisfied it is an exceptional case in which it would not harm the best interests of children to issue the eligibility declaration.

(2)The college may obtain information about the applicant under sections 14 to 15D as if the application were an application for registration or permission to teach.

(3)In deciding whether there is an exceptional case, the college must have regard to the information mentioned in subsection (2).

(4)In having regard to the criminal history of the applicant, the college must consider the following matters relating to information about the commission, or alleged or possible commission, of an offence by the applicant—

(a)when the offence was committed, is alleged to have been committed or may possibly have been committed;

(b)the nature of the offence and its relevance to the duties of a teacher;

(c)any penalty imposed by the court and the court’s reasons for the penalty.

(5)Also, in deciding whether there is an exceptional case, the college must have regard to the following—

(a)documents or information contained in the applicant’s eligibility application;

(b)if the applicant has been refused registration in another jurisdiction or has held registration in another jurisdiction that has been suspended or cancelled—

(i)the reason for the refusal, suspension or cancellation; and

(ii)the way in which the refusal, suspension or cancellation relates to the applicant’s suitability to teach;

(c)if the applicant has had the applicant’s employment terminated by an employing authority for a school for a reason relating to the applicant’s suitability to teach— the reason for the termination;

(d)anything else the college considers relevant in deciding whether an exceptional case exists.

Example of an exceptional case—

The eligibility applicant was convicted, at 17 years, of unlawful penile intercourse with his 15 year girlfriend and has not been convicted of a further serious offence or disqualifying offence.

12G   Grant or refusal to grant eligibility application

(1)If the eligibility application is granted, the college must issue an eligibility declaration to the eligibility applicant.

(2)If the application is refused, the college must give the applicant a notice stating the reasons for the refusal.

(3)If the college considers the applicant has not been convicted of a serious offence or a disqualifying offence, the college must give notice to the applicant stating the following—

(a)the college may issue an eligibility declaration only if the applicant has been convicted of a serious offence or a disqualifying offence;

(b)the college does not consider the applicant has been convicted of a serious offence or a disqualifying offence and, for that reason, the college can not issue an eligibility declaration to the applicant;

(c)that, if the applicant is not an excluded person for another reason, the applicant may apply for registration or permission to teach;

(d)that the application will not be further dealt with by the college.

(4)There is no review or appeal under this Act in relation to a decision of the college under this section to refuse to grant an eligibility application.

Division 3 Withdrawal of eligibility application

12H   Withdrawal by notice

(1)An eligibility applicant may, by notice, withdraw the applicant’s eligibility application at any time before the college—

(a)issues an eligibility declaration; or

(b)gives the applicant a notice, relating to the application, under section 12G(2) or (3).

(2)The notice must be—

(a)signed by the eligibility applicant; and

(b)given to the college.

12I   Deemed withdrawal—identity of eligibility applicant not established

An eligibility applicant is taken to have withdrawn the applicant’s eligibility application if—

(a)the college gives the applicant a notice—

(i)asking the applicant to provide, within a reasonable stated time, stated information that the college reasonably needs to establish the applicant’s identity; and

(ii)warning the applicant that, if the applicant does not comply with the notice, the applicant’s application may be taken to have been withdrawn; and

(b)the applicant does not comply with the notice within the stated time; and

(c)the college can not establish with certainty the applicant’s identity; and

(d)the college gives the applicant a notice stating that the applicant is taken to have withdrawn the application.

12J   Deemed withdrawal—notice not complied with

An eligibility applicant is taken to have withdrawn the applicant’s eligibility application if—

(a)the college gives the applicant a notice asking the applicant to provide, within a reasonable stated time—

(i)stated information, including by way of a submission, about a stated matter that the college reasonably believes is relevant to the application; or

(ii)a consent that the college reasonably believes is relevant to the application; and

(b)the notice includes a warning that, if the applicant does not comply with the notice, the applicant’s application may be taken to have been withdrawn; and

(c)the applicant does not comply with the notice within the stated time; and

(d)the college gives the applicant a notice stating that the applicant is taken to have withdrawn the application.

12K   Deemed withdrawal—other circumstances

An eligibility applicant is taken to have withdrawn the applicant’s eligibility application if the applicant—

(a)is charged with a serious offence or a disqualifying offence; or

(b)becomes an excluded person.

Division 4 Miscellaneous

12L   Revocation of decision to refuse eligibility declaration

(1)The college may revoke a decision to refuse an eligibility application and issue an eligibility declaration if—

(a)the college is satisfied the decision on the application was based on wrong or incomplete information; and

(b)based on the correct or complete information, the college decides under section 12F that the college may issue the eligibility declaration.

(2)The college may exercise the power under subsection (1) on—

(a)the college’s own initiative; or

(b)application by the eligibility applicant whose eligibility application was refused.

12M   Automatic expiry of eligibility declaration

(1)This section applies to an eligibility declaration if—

(a)the holder of the declaration is not an approved teacher; and

(b)after the declaration is issued, the holder—

(i)is charged with a serious offence or a disqualifying offence; or

(ii)becomes an excluded person.

(2)This section also applies to an eligibility declaration if—

(a)the holder of the declaration is an approved teacher; and

(b)after the declaration is issued, the holder becomes an excluded person.

(3)The eligibility declaration expires on the day the holder is charged with the offence or becomes an excluded person.

Part 2    Making and deciding applications for registration or permission to teach

Division 1 Applications other than by holders of provisional registration

13   Application of div 1

This division does not apply to a holder of provisional registration who applies for full registration.

Note—

See division 2 (Application for full registration by holder of provisional registration).

14   Application for registration or permission to teach

(1)A person, other than an excluded person, may apply to the college for any of the following—

(a)full registration;

(b)provisional registration;

(c)permission to teach.

(2)The application must—

(a)be in the approved form; and

(b)be accompanied by each of the following—

(i)the documents or information on which the person relies to establish the person meets the eligibility requirements, other than the eligibility requirement mentioned in section 8(1)(c) or section 9(1)(c);

(ii)other documents or information, identified in the approved form, reasonably required by the college to decide the application;

(iii)any registration application fee or permission to teach application fee prescribed under a regulation;

(iv)the registration fee or permission to teach fee prescribed under a regulation; and

(c)be accompanied by the following—

(i)for an applicant who is the holder of a working with children clearance under the Working with Children Act—

(A)if there is no police information about the applicant—the employment-screening fee; or

(B)if there is police information about the applicant—the criminal history check fee;

(ii)for another applicant—the criminal history check fee.

(3)Also, the application must comply with any other requirements prescribed under a regulation.

(4)The approved form may require disclosure of police information about the person.

(5)If the approved form requires the disclosure of police information about the person, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure.

(6)Information contained in or accompanying the application must, if required by the college, be verified by statutory declaration.

(7)Subsection (8) applies if—

(a)the person is the holder of a working with children clearance under the Working with Children Act; and

(b)the application was accompanied by the employment-screening fee and not the criminal history check fee; and

(c)before the application is decided, the college—

(i)is given advice by the chief executive (employment screening) under section 15D(2)(c); or

(ii)otherwise becomes aware there is police information about the person.

(8)The college may—

(a)by notice ask the person to pay the criminal history check fee; and

(b)defer deciding the application until the criminal history check fee is paid.

(9)For subsection (8), it is immaterial whether or not there was police information about the person when the application was made.

(10)In this section—

employment-screening fee means the fee prescribed by regulation under the Working with Children Act for obtaining information from the chief executive (employment screening) under section 15D.

15   Obtaining police information about applicant

(1)The college must ask the commissioner of police for a written report containing details of the police information, if any, existing in relation to an applicant for registration or permission to teach.

(2)Also, the college may ask the commissioner of police for the following information about the applicant—

(a)a brief description of the circumstances of a conviction or charge, for an offence, mentioned in the applicant’s criminal history;

(b)information about any investigation relating to the possible commission of a serious offence or a disqualifying offence by the applicant.

(3)For subsections (1) and (2), the college’s request may include the following information—

(a)the applicant’s name and any other name the college believes the applicant may use or have used;

(b)the applicant’s gender and date and place of birth;

(c)the applicant’s address.

(4)Subject to subsections (5) and (6), the commissioner of police must comply with a request under subsection (1) or (2).

(5)The commissioner of police’s obligation to comply with the request applies only to information in the possession of the commissioner or to which the commissioner has access.

(6)The commissioner of police must not give information about an investigation relating to the possible commission of a serious offence or a disqualifying offence by the applicant if—

(a)the commissioner is reasonably satisfied that giving the information—

(i)may prejudice or otherwise hinder an investigation to which the information may be relevant; or

(ii)may lead to the identification of an informant; or

(iii)may affect the safety of a police officer, complainant or other person; or

(b)for an investigation that has been completed—the investigation has not led, and the commissioner is reasonably satisfied it is unlikely to lead, to a reasonable suspicion that the applicant committed a serious offence or a disqualifying offence; or

(c)for an investigation that has not been completed—the commissioner is reasonably satisfied the investigation is unlikely to lead to a reasonable suspicion that the applicant committed a serious offence or a disqualifying offence.

(6A)If the commissioner of police gives a written report in response to a request under subsection (1) about a person who is or has been a relevant excluded person, the report must include the following information—

(a)that the person is or has been a relevant excluded person;

(b)if the person is or has been subject to an offender prohibition order—

(i)a brief description of the conduct that gave rise to the order; and

(ii)the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order;

(c)if the person is or has been subject to an offender prohibition disqualification order—the duration and details of the disqualification order.

(6B)If the commissioner of police gives a written report in response to a request under subsection (1) about a person who is or has been named as the respondent for an application for an offender prohibition order, or the subject of an application for an offender prohibition disqualification order, and the order was not made, the report must include the following information—

(a)that the person is or has been named as the respondent for an application for an offender prohibition order, or the subject of an application for an offender prohibition disqualification order, and the order was not made;

(b)the reasons why the application was made;

(c)the reasons why the order was not made;

(d)if the application was for an offender prohibition order and the magistrate or court hearing the application decided not to make an offender prohibition disqualification order for the person—the reasons why the offender prohibition disqualification order was not made.

(7)The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the information mentioned in subsection (1), (2), (6A) or (6B).

(8)To remove any doubt, it is declared that, despite the Youth Justice Act 1992, part 9, the commissioner of police may disclose information to which that part applies to the college for complying with a request under subsection (1) or (2).

(9)This section does not apply if—

(a)the college—

(i)has, under section 15D, been advised that the applicant is the holder of a working with children clearance under the Working with Children Act that has not been suspended under that Act; and

(ii)has not, under section 15D, been advised that the college may need to have regard to the matters mentioned in section 11(1) for deciding whether the applicant is suitable to teach; and

(b)having regard to advice given to the college under section 15D and any other information about the applicant the college is aware of, the college is reasonably satisfied that there is no police information in relation to the applicant.

15AA   Obtaining other information from commissioner of police

(1)This section applies if the college—

(a)becomes aware that an applicant for registration or permission to teach has been charged with or convicted of an offence; and

(b)reasonably believes information about the offence—

(i)may help the college in deciding whether the applicant is suitable to teach; and

(ii)is not, or is not likely to be, in the possession of control of an entity, other than the commissioner of police, from whom the college may request the information.

(2)The college may, by notice, ask the commissioner of police for the following—

(a)a copy or written summary of evidentiary material about the offence;

(b)if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with.

(3)The college’s request may include the following information—

(a)the applicant’s name and any other name the college believes the applicant may use or have used;

(b)the applicant’s gender and date and place of birth.

(4)The commissioner of police may comply with a request under subsection (2) if the commissioner reasonably believes—

(a)the statement, copy or summary may help the college in deciding whether the applicant is suitable to teach; and

(b)the statement, copy or summary is not, or is not likely to be, in the possession or control of another entity from whom the college may request the information.

(5)Without limiting subsection (4), the commissioner of police must not give the college a copy or written summary of evidentiary material about the offence that relates only to a person other than the applicant.

(6)The commissioner of police must not give information, or a document containing information, to the college under this section if the commissioner is reasonably satisfied that giving the information may do any of the following—

(a)prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(b)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(c)endanger a person’s life or physical safety;

(d)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(e)prejudice a prosecution or another matter before a court.

Note—

See section 283 for restrictions on disclosing or giving access to information or documents obtained under this Act.

15A   Requesting further information about interstate convictions and charges

(1)This section applies if a person’s criminal history obtained under section 14 or 15 includes—

(a)a conviction of the person for an offence in another State, including an interstate spent conviction of the person; or

(b)an interstate charge against the person.

(2)The college may ask an interstate commissioner of police for a brief description of the circumstances of the conviction or charge.

(3)The college’s request may include the following information—

(a)the applicant’s name and any other name the college believes the applicant may use or have used;

(b)the applicant’s gender and date and place of birth.

15B   Obtaining information from director of public prosecutions

(1)If the college becomes aware that an applicant for registration or permission to teach has been charged with or convicted of an offence, the college may, by notice, ask the director of public prosecutions for the following—

(a)a written statement briefly describing the circumstances of a charge or conviction for the offence;

(b)a copy or written summary of evidentiary material about the offence;

(c)if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with.

(2)The college’s request may include the following information—

(a)the applicant’s name and any other name the college believes the applicant may use or have used;

(b)the applicant’s gender and date and place of birth.

(3)The director of public prosecutions may comply with a request under subsection (1) if the director reasonably believes the statement, copy or summary may help the college in deciding whether the applicant is suitable to teach.

(4)Without limiting subsection (3), the director of public prosecutions must not give the college a copy or written summary of evidentiary material about the offence that relates only to a person other than the applicant.

(5)The director of public prosecutions must not give information, or a document containing information, to the college under this section if the director is reasonably satisfied that giving the information may do any of the following—

(a)prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(b)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(c)endanger a person’s life or physical safety;

(d)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(e)prejudice a prosecution or another matter before a court.

(6)The giving of information, or a document containing information, under this section by the director of public prosecutions is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 283 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(7)Without limiting subsection (6), this section applies despite the Director of Public Prosecutions Act 1984, section 24A.

15C   Obtaining information from chief executive (corrective services)

(1)The chief executive (corrective services) must give the college notice of each person who is or becomes subject to a sexual offender order.

(2)The notice must state the following—

(a)the person’s name;

(b)that the person is subject to a sexual offender order;

(c)any other information the chief executive (corrective services) reasonably considers is necessary for the college to perform a function or exercise a power under this chapter.

(3)The chief executive (corrective services) and the college may enter into a written arrangement by which notices are given under subsection (1).

(4)Without limiting subsection (3), the arrangement may provide for giving the notices electronically.

(5)However, if notices under subsection (1) are to be given electronically and, under an Act, there is a limitation on who may access the information mentioned in the notices or the purposes for which that information may be used, the arrangement must provide for the limitation.

(6)The disclosure of information by the chief executive (corrective services) under this section is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 283 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(7)In this section—

chief executive (corrective services) means the chief executive of the department in which the Corrective Services Act 2006 is administered.

15D   Obtaining information from chief executive (employment screening)

(1)This section applies if an applicant for registration or permission to teach claims to be the holder of a working with children clearance under the Working with Children Act.

(2)The college may ask the chief executive (employment screening) to advise the college about—

(a)whether or not the applicant is the holder of a working with children clearance under the Working with Children Act; and

(b)whether or not the applicant’s working with children clearance is suspended under the Working with Children Act; and

(c)if the applicant is the holder of a working with children clearance under that Act that is not suspended—whether the college may need to have regard to the matters mentioned in section 11(1) for deciding whether the applicant is suitable to teach.

(3)For subsection (2), the college’s request may include the following information—

(a)the person’s name and any other name that the college believes the person may use or may have used;

(b)the person’s gender and date and place of birth;

(c)the person’s address;

(d)any number or date given by the person about the working with children clearance the person holds or claims to hold.

(4)The chief executive (employment screening) must comply with the request.

(5)However—

(a)the chief executive (employment screening) may give advice under subsection (2)(c) only if he or she is aware of police information about the person; and

(b)if paragraph (a) applies, the advice must be that the college may need to have regard to the matters mentioned in section 11(1) for deciding whether the applicant is suitable to teach.

(6)If the chief executive (employment screening) gives advice under subsection (2)(c) about the applicant, the advice must be accompanied by a notice stating that no adverse inference about the applicant’s police information or suitability to teach may be drawn by the fact the advice was given.

16   Requirement to advise applicant of police information received

(1)This section applies to information received by the college under section 15 or 15A.

(2)Before using the information in deciding whether the person is suitable to teach, the college must—

(a)disclose the information to the applicant; and

(b)allow the applicant a reasonable opportunity to make representations to the college about the information.

17   College’s power to obtain further information etc. from applicant

(1)Before deciding an application for registration or permission to teach, the college may, by notice, require the applicant to give the college, within a stated reasonable time, further information or a document the college reasonably requires to decide the application.

(2)The time stated in the notice must be at least 28 days after giving the notice.

(3)The notice may require further information to be verified by statutory declaration.

(4)The applicant may ask the college to extend the time stated in the notice.

(5)The request must be—

(a)in writing; and

(b)made before the time ends.

(6)The college must not refuse a reasonable request for an extension of time.

(7)The college may give an applicant—

(a)more than 1 notice under subsection (1); and

(b)more than 1 extension of time.

18   Effect of failure by applicant to comply with a request for further information etc.

The applicant is taken to have withdrawn the application for registration or permission to teach if—

(a)the college gives the applicant a notice under section 17(1); and

(b)either—

(i)the applicant does not give the college the information or document required within the time required under the notice or an extension of time granted by the college; or

(ii)the applicant does not verify by statutory declaration any information required under the notice to be verified by statutory declaration.

19   College may use documents or information to verify application

The college may use any documents or information held or obtained by the college to verify information—

(a)contained in or accompanying an application for registration or permission to teach; or

(b)obtained by the college under section 17.

20   How college may decide application

(1)The college must consider an application for registration or permission to teach and—

(a)do any of the following—

(i)for an application for full registration—grant the applicant full or provisional registration, with or without conditions;

(ii)for an application for provisional registration—grant the applicant provisional registration, with or without conditions;

(iii)for an application for permission to teach—grant the applicant permission to teach, with or without conditions; or

(b)refuse to grant the applicant registration or permission to teach.

(2)However, the college may grant the applicant registration or permission to teach with a condition only if the college is reasonably satisfied the condition is necessary to ensure the applicant meets the eligibility requirements.

Examples of conditions the college might impose—

•a condition requiring the applicant to complete a course

•a condition requiring the supervision of the applicant

•a condition restricting the subjects the applicant can teach

21   Steps to be taken after college decides application

(1)If the college decides to grant the application for registration or permission to teach, as soon as practicable after the decision is made the college must—

(a)give the applicant an approval notice; and

(b)issue a certificate of registration or a certificate of permission to teach to the applicant.

(2)However, if the applicant applied for full registration and the college decides to grant the applicant provisional registration—

(a)subsection (1) does not apply; and

(b)the college must—

(i)give the applicant an information notice about the college’s decision; and

(ii)issue a certificate of registration to the applicant.

(3)If the college decides not to grant the applicant registration or permission to teach, the college must as soon as practicable—

(a)give the applicant an information notice about the college’s decision; and

(b)refund the registration fee or permission to teach fee paid by the applicant.

(4)In this section—

approval notice means a notice stating the following—

(a)the college’s decision to grant the applicant full or provisional registration, or permission to teach;

(b)if the college decides to grant the registration or permission to teach with conditions—

(i)the conditions and the reasons for them; and

(ii)that the applicant may apply for review of the conditions under section 39;

(c)if the college decides to grant the applicant permission to teach—the period of the permission to teach.

Division 2 Application for full registration by holder of provisional registration

22   Application by holder of provisional registration

A holder of provisional registration may apply for full registration under this division.

23   Requirements for application

(1)The application must be in the approved form.

(2)The application must comply with any other requirements prescribed under a regulation.

24   How college may decide application

(1)The college must consider the application and—

(a)grant the applicant full registration, with or without conditions; or

(b)refuse to grant the applicant full registration.

(2)The college may grant the application only if the college is reasonably satisfied—

(a)if the applicant’s provisional registration is subject to 1 or more conditions—the applicant has fulfilled all of the conditions; and

(b)the applicant meets the professional practice requirements for full registration.

(3)The college may grant the applicant full registration with a condition only if the college is reasonably satisfied the condition is necessary to ensure the applicant meets the eligibility requirements.

25   Steps to be taken after college decides application

(1)As soon as practicable after deciding the application, the college must—

(a)if it decides to grant the applicant full registration—

(i)give the applicant an approval notice; and

(ii)issue a certificate of registration to the applicant; or

(b)if it decides not to grant the applicant full registration—give the applicant an information notice about the decision.

(2)In this section—

approval notice means a notice stating the following—

(a)the college’s decision to grant the applicant full registration;

(b)if the college decides to grant the registration with conditions—

(i)the conditions and the reasons for them; and

(ii)that the applicant may apply for review of the conditions under section 39.

Division 3 Literacy, numeracy or science tests required for certain registrations

25A   Literacy, numeracy or science test may be prescribed

A regulation prescribing a test for literacy, numeracy or science for full or provisional registration may provide for the following—

(a)details of the matters to be tested;

(b)who must take the test;

(c)the times at which the test is available to be taken;

(d)how often a person may take the test;

(e)the fees payable for taking or retaking the test or applying for a reassessment of the test result;

(f)that the college may decide the matters to be tested and publish these matters;

(g)any other matter that is necessary or convenient for literacy, numeracy or science testing.

25B   Person may apply for reassessment of test result

(1)A person who has taken a literacy, numeracy or science test may ask the college to reassess the person’s result for the test.

(2)The request must—

(a)be in the approved form; and

(b)be made within 20 days after the person is issued with the person’s result for the test; and

(c)be accompanied by the reassessment fee.

(3)The college must as soon as practicable reassess the person’s result for the test.

(4)If, after reassessing the person’s result, the college decides the test result is satisfactory for registration the college must as soon as practicable—

(a)issue the person with a replacement result; and

(b)refund the reassessment fee to the person.

(5)If, after reassessing the person’s result, the college decides the test result is not satisfactory for registration, the college must give the person notice of the decision.

(6)In this section—

reassess, a person’s test result, means to check the accuracy of the test result in the way decided by the college.

25C   Application for registration may lapse after unsatisfactory test result

(1)This section applies to a person who applies for registration and is required to take a literacy, numeracy or science test but does not take the test or achieve a satisfactory test result.

(2)A regulation may prescribe the circumstances in which the person’s application for registration lapses.

25D   Definition for div 1

In this division—

previously-provided police information, for a person who applies, under section 28, for renewal of full registration or permission to teach, means information that—

(a)relates to the person; and

(b)was given to the college under section 15 or 15A before the person applied for the renewal.

Part 3    Period, and renewal or extension, of registration or permission to teach

Division 1 Period and renewal of full registration and permission to teach

26   Period and renewal of full registration

(1)The period of full registration is 5 years from the day the college grants the registration.

(2)However, if the person to whom the registration is granted was the holder of provisional registration, the period of the full registration is reduced by the period for which the person held the provisional registration.

Example—

A person holds provisional registration for 1 year before being granted full registration. The initial period of the person’s full registration would be 4 years.

(3)At the end of the period of the registration, the registration ends.

(4)However, if an application for renewal of the registration is made before the period of the registration ends, the registration is taken to continue until the application is decided.

(5)Full registration may be renewed for further periods of 5 years.

27   Period and renewal of permission to teach

(1)The period of a permission to teach is the period stated in the certificate of permission to teach issued to the holder of the permission.

(2)The stated period must not be longer than 2 years from the day the college grants the permission.

(3)Permission to teach may be renewed for further periods not longer than 2 years each.

(4)However, a permission to teach may be renewed only if the holder has held the permission continuously for at least 2 years.

(5)At the end of the period of the permission to teach, the permission to teach ends.

(6)If an application for renewal of permission to teach is made before the period of the permission to teach ends, the permission to teach is taken to continue until the application is decided.

28   Application for renewal of full registration or permission to teach

(1)A person, other than an excluded person, may apply to the college for the renewal of—

(a)full registration; or

(b)permission to teach.

(2)The application must—

(a)be made before the person’s registration or permission to teach ends but not earlier than—

(i)for renewing full registration—6 months before the registration ends; or

(ii)for renewing permission to teach—3 months before the permission to teach ends; and

(b)be in the approved form; and

(c)be accompanied by each of the following—

(i)documents or information, identified in the approved form, reasonably required by the college to decide the application;

(ii)the annual fee;

(iii)if the application is for renewal of permission to teach—the fee mentioned in section 14(2)(c).

(3)Also, the application must comply with any other requirements prescribed under a regulation.

(4)The approved form may require disclosure of the person’s police information.

(5)If the approved form requires the disclosure of the person’s police information, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure.

(6)Information contained in or accompanying the application must, if required by the college, be verified by statutory declaration.

(7)Section 14(7) to (9) applies in relation to the application as if a reference in the section to the application were a reference to an application under this section.

29   Requirements for renewal—full registration

(1)This section applies in relation to a person who applies for renewal of full registration under section 28.

(2)The college may renew the person’s registration if the college is reasonably satisfied—

(a)the person is suitable to teach; and

(b)each condition of the person’s registration (if any)—

(i)has been fulfilled; or

(ii)is being complied with at the time the college considers the application for renewal; and

(c)the person—

(i)has practised as a teacher, whether or not on a full-time basis, for a period that is—

(A)of at least the duration prescribed under a regulation; and

(B)within the period prescribed under a regulation; or

(ii)has attained experience the college recognises is the equivalent of teaching at a school for a period that is—

(A)of at least the duration prescribed under a regulation; and

(B)within the period prescribed under a regulation; and

(d)the person has undertaken, during the relevant period of registration, the continuing professional development required for registered teachers under the CPD framework.

(3)For deciding the person’s application for renewal sections 15 to 19 apply, with any necessary changes, as if—

(a)the application for renewal were an application for registration; and

(b)the applicant for renewal were an applicant for registration; and

(c)the renewal of the registration were the grant of the registration.

(4)However, section 16 applies in relation to previously-provided police information for the person only if—

(a)the college proposes to make a decision under section 32(1)—

(i)to renew the person’s registration with conditions; or

(ii)to refuse to renew the person’s registration; and

(b)the previously-provided police information is relevant to the decision.

(5)In this section—

relevant period of registration means the period of the registration during which the application for renewal is made.

30   Development or recognition of CPD framework by college

(1)The college must develop or recognise a framework (a CPD framework) for the continuing professional development of registered teachers.

(2)In developing the framework, the college must—

(a)have regard to the professional standards; and

(b)consult with the chief executive and the representative entities.

(3)Subsection (2) does not prevent the college consulting with another person or entity.

(4)The college must give notice to all registered teachers to whom the framework is relevant of the matters provided for in the framework.

(5)The framework may state any of the following, for the requirement stated in section 29(2)(d) for renewing full registration—

(a)the type of continuing professional development required;

(b)the minimum continuing professional development a registered teacher must undertake.

(6)The college must—

(a)make the framework available for inspection on its internet site; and

(b)ensure copies of the framework are kept available for inspection at the office.

31   Requirements for renewal—permission to teach

(1)This section applies in relation to a person who applies for renewal of permission to teach under section 28.

(2)The college may renew the person’s permission to teach if the college is reasonably satisfied—

(a)the person is suitable to teach; and

(b)each condition of the person’s permission to teach (if any)—

(i)has been fulfilled; or

(ii)is being complied with at the time the college considers the application for renewal.

(3)For deciding whether the person is suitable to teach, sections 15 to 19 apply, with any necessary changes, as if—

(a)the application for renewal were an application for permission to teach; and

(b)the applicant for renewal were an applicant for permission to teach; and

(c)the renewal of the permission to teach were the grant of the permission to teach.

(4)However, section 16 applies in relation to previously-provided police information for the person only if—

(a)the college proposes to make a decision under section 32(1)—

(i)to renew the person’s permission to teach with conditions; or

(ii)to refuse to renew the person’s permission to teach; and

(b)the previously-provided police information is relevant to the decision.

32   How college may decide application for renewal

(1)The college must consider an application for the renewal of full registration or permission to teach and either—

(a)renew the applicant’s registration or permission to teach, with or without conditions; or

(b)refuse to renew the applicant’s registration or permission to teach.

Note—

For requirements relating to particular proposed decisions under this subsection to which previously-provided police information for an applicant is relevant—see sections 29(4) and 31(4).

(2)The college may impose any condition under subsection (1)(a) the college considers necessary for the applicant to meet the requirements stated in section 29(2)(a), (c) or (d) or 31(2)(a).

(3)If the college decides to renew the registration or permission to teach, the registration or permission to teach remains subject to the conditions to which it was subject immediately before the renewal, other than a condition that has been fulfilled.

33   Steps to be taken after college decides application

(1)If the college decides to renew the applicant’s full registration or permission to teach, as soon as practicable after the decision is made the college must—

(a)give the applicant an approval notice; and

(b)issue a certificate of registration or a certificate of permission to teach to the applicant.

(2)If the college decides not to renew the applicant’s full registration or permission to teach, the college must as soon as practicable give the applicant an information notice about the college’s decision.

(3)In this section—

approval notice means a notice stating the following—

(a)the college’s decision to renew the applicant’s full registration or permission to teach;

(b)if the college decides to renew the registration or permission to teach with conditions—

(i)the conditions and the reasons for them; and

(ii)that the person may apply for a review of the conditions under section 39;

(c)if the college decides to renew the permission to teach—the period for which the permission is renewed.

Division 2 Period and extension of provisional registration

34   Period of provisional registration

(1)The period of provisional registration is 2 years from the day the college grants the registration.

(2)At the end of the period of the registration, the registration ends.

(3)However, the registration may be extended for a further period of 2 years under section 35.

35   Option to extend provisional registration

(1)A person who holds provisional registration may give the college a notice, before the period of the registration ends, stating that the holder wishes to exercise the option to extend the registration.

(2)The notice must be accompanied by the annual fee.

(3)If the holder gives notice under subsection (1), the college must—

(a)extend the period of the holder’s registration for 2 years; and

(b)as soon as practicable after receiving the notice, issue a certificate of registration to the holder.

(4)The period of provisional registration may be extended under this section only once.

Part 4    Restoration of full registration

36   When application for restoration of full registration may be made

(1)A person, other than an excluded person, whose full registration has ended may, not later than 2 months after the person’s registration ended, apply to the college for restoration of the registration.

(2)Despite subsection (1), the college may accept an application made more than 2 months after expiry of the registration if the college is satisfied it would be reasonable in all the circumstances to accept the application.

37   Requirements for application for restoration

(1)The application must—

(a)be in the approved form; and

(b)be accompanied by each of the following—

(i)documents or information, identified in the approved form, reasonably required by the college to decide the application;

(ii)the restoration application fee prescribed under a regulation;

(iii)the annual fee.

(2)The approved form may require disclosure of the person’s police information.

(3)If the approved form requires the disclosure of the person’s police information, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure.

(4)Information contained in or accompanying the application must, if required by the approved form, be verified by statutory declaration.

38   Application of pt 3, div 1 for restoring full registration

(1)For restoring full registration, part 3, division 1, other than section 28(2)(a), applies with any necessary changes as if—

(a)an application for restoration of full registration were an application for renewal of full registration; and

(b)the applicant for restoration of full registration were an applicant for renewal of full registration; and

(c)restoration of full registration were renewal of full registration.

(2)For subsection (1), section 29 applies as if—

(a)the time at which the conditions of the applicant’s registration were required to be complied with under section 29(2)(b)(ii) was immediately before the registration ended; and

(b)the relevant period of registration were the most recently ended period of the applicant’s registration.

(3)For subsection (1), section 32(3) applies as if the person’s registration were required to be restored subject to the conditions to which it was subject immediately before it ended.

Part 5    Conditions

Division 1 Review, amendment and removal of conditions

39   Application for review of condition

(1)This section applies to a person—

(a)who is an approved teacher; and

(b)whose registration or permission to teach is subject to a condition, other than a condition imposed by a practice and conduct body.

(2)The person may make a written application to the college asking for the condition to be reviewed and amended or cancelled.

40   Review of condition by college

(1)The college must, as soon as practicable after being asked to review a condition under section 39, review the condition.

(2)After conducting the review, the college may do 1 or more of the following—

(a)amend the condition under section 41 or 42;

(b)cancel the condition under section 43;

(c)decide to impose a new condition on the person’s registration or permission to teach under section 41;

(d)refuse to amend or cancel the condition under section 41 or 43.

41   Amendment or imposition of conditions following a review

(1)This section applies if the college reviews a condition of a person’s registration or permission to teach under section 40.

(2)The college may decide to—

(a)impose a new condition on the person’s registration or permission to teach, if the college is reasonably satisfied the condition is necessary to ensure the person meets the eligibility requirements; or

(b)amend the reviewed condition other than under section 42(1); or

(c)refuse to amend the reviewed condition as requested by the holder.

(3)If the college decides to do a thing mentioned in subsection (2), as soon as practicable after making the decision the college must give the person an information notice about the decision.

(4)The decision takes effect on the day the information notice is given to the person or, if the notice states a later day of effect, the stated day of effect.

42   Non-contentious amendment of conditions

(1)The college may at any time amend a condition imposed on a person’s registration or permission to teach if the registration or permission to teach is amended only—

(a)to omit the condition, if doing so is not adverse to the holder’s interests; or

(b)for a formal or clerical reason; or

(c)in another way that is not adverse to the holder’s interests; or

(d)as requested by the holder in an application for review of the condition.

(2)The college may make an amendment under subsection (1) by giving notice to the holder.

(3)The amendment takes effect on the day the notice is given to the holder or, if the notice states a later day of effect, the stated day of effect.

43   Cancellation of conditions

(1)The college may cancel a condition imposed on a person’s registration or permission to teach if the college is reasonably satisfied the condition has been fulfilled or is no longer necessary for the person to meet the eligibility requirements.

(3)The college may cancel a condition under this section by giving notice to the person.

(4)The notice must state the day the cancellation takes effect.

(5)If the person requested, in an application for review, the cancellation of a condition and the college decides not to cancel the condition, the college must as soon as practicable give an information notice about the college’s decision to the person.

44   Amending or replacing certificate of registration or certificate of permission to teach

(1)An approved teacher who receives a relevant notice must, unless the teacher has a reasonable excuse, return the teacher’s certificate of registration or certificate of permission to teach to the college within 21 days after receiving the notice.

Maximum penalty—10 penalty units.

(2)On receiving the certificate, the college must—

(a)amend it appropriately or issue a replacement certificate to the teacher; and

(b)return the amended or replacement certificate to the teacher.

(3)The effect of the amendment does not depend on the amendment being noted on the teacher’s certificate of registration or permission to teach.

(4)In this section—

relevant notice means a notice under section 41(3), 42(2) or 43(3).

Division 2 Suspension or cancellation of registration or permission to teach for failing to comply with condition

45   Application of div 2

This division applies in relation to a person who holds one of the following that is subject to a condition (a relevant condition), other than a condition imposed under a practice and conduct order or a voluntary practice and conduct agreement—

(a)full registration;

(b)provisional registration;

(c)permission to teach.

46   College to give show cause notice for failing to comply with condition

If the college reasonably believes a person to whom this division applies is not complying with a relevant condition, the college must give the person a notice stating—

(a)the college may order the cancellation or suspension of the person’s registration or permission to teach (the proposed order); and

(b)the grounds for the proposed order; and

(c)an outline of the facts and circumstances forming the basis for the grounds; and

(d)if the proposed order is an order suspending the registration or permission to teach—the proposed period of the suspension; and

(e)an invitation to the person to show in writing, within a stated time that is at least 28 days, why the proposed order should not be made.

47   College’s power to suspend or cancel registration or permission to teach

(1)This section applies if, after considering any written statements made to the college within the time required under section 46(e), the college is satisfied the person is not complying with a relevant condition.

(2)The college may—

(a)if the proposed order was to suspend the registration or permission to teach for a proposed period—order suspension of the registration or permission to teach for not longer than the proposed period; or

(b)if the proposed order was to cancel the registration or permission to teach—order either of the following—

(i)cancellation of the registration or permission to teach;

(ii)suspension of the registration or permission to teach for a period.

(3)The college must, within 7 days after the decision about whether to make an order under subsection (2) is made, give the person—

(a)if the college decides to make the order—an information notice about the college’s decision; or

(b)if the college decides not to make the order—a notice stating the college’s decision.

(4)If the college makes an order cancelling or suspending the registration or permission to teach, the cancellation or suspension takes effect on the day the teacher is given an information notice about the order under subsection (3).

(5)In this section—

proposed order means the proposed order stated in the notice given to the person under section 46.

Part 6    Immediate suspension and cancellation of registration or permission to teach by college

Division 1 Suspension

48   Effect of charge for serious offence, disqualifying offence, temporary offender prohibition order or interim sexual offender order

(1)This section applies if, after the relevant commencement, an approved teacher is charged with a serious offence or a disqualifying offence.

Note—

See also section 343 (Effect of serious offence charge before relevant commencement).

(2)This section also applies if an approved teacher is or becomes a relevant excluded person because the teacher is or becomes subject to a temporary offender prohibition order or interim sexual offender order.

(3)The college must, immediately after it becomes aware of the charge or order, suspend the teacher’s registration or permission to teach.

49   College’s power to suspend if approved teacher poses unacceptable risk of harm to children

The college may suspend an approved teacher’s registration or permission to teach if the college reasonably believes the teacher poses an unacceptable risk of harm to children.

50   Requirement to give notice of suspension

(1)If the college suspends an approved teacher’s registration or permission to teach under this division, the college must immediately give notice of the suspension to the teacher.

(2)For a suspension under section 48, the notice must state the following—

(a)that the teacher’s registration or permission to teach is suspended under section 48;

(b)the reasons for the suspension and the evidence or other material on which the suspension was based;

(c)that QCAT will review the continuation of the suspension to decide whether it is an exceptional case in which the best interests of children would not be harmed if the suspension were ended.

(3)For a suspension under section 49, the notice must state the following—

(a)that the teacher’s registration or permission to teach is suspended under section 49;

(b)the reasons for the college’s decision and the evidence or other material on which the decision was based;

(c)that QCAT will review the continuation of the suspension to decide whether the teacher poses an unacceptable risk of harm to children;

(d)that if QCAT continues the suspension, the college will—

(i)authorise an investigation under section 98; or

(ii)refer a practice and conduct matter to a practice and conduct body, under section 97, about whether a ground for disciplinary action against the teacher is established.

(4)The college must, at the same time as notice of the suspension is given to the teacher, give a copy of the notice to—

(a)the employing authority for, and the principal of, each school at which the teacher is employed; and

(b)QCAT.

(5)The college must refer the continuation of the suspension of an approved teacher to QCAT for review under section 53.

51   When suspension takes effect

A suspension of an approved teacher’s registration or permission to teach under this division takes effect on the day notice of the suspension is given to the teacher under section 50.

52   When suspension ends

A suspension of an approved teacher’s registration or permission to teach under this division ends when the earliest of the following happens—

(a)QCAT decides, under section 55, 152, 159 or 160, to end the suspension;

(b)the teacher’s registration or permission to teach is cancelled under division 3 or section 160;

(c)if the college authorises an investigation under section 98 of the matter giving rise to a suspension under section 49—

(i)the investigator’s report includes a finding that the matter does not raise a ground for disciplinary action against the approved teacher; and

(ii)the college is reasonably satisfied there is no ground for disciplinary action against the approved teacher.

Division 2 Review of continuation of suspension

53   Requirement to decide whether to continue suspension under s 48 or 49

(1)QCAT must decide whether to continue the suspension of an approved teacher under section 48 or 49.

(2)The matter is to be decided in QCAT’s original jurisdiction.

(3)QCAT must decide to continue the suspension unless satisfied—

(a)if the decision is about the suspension of an approved teacher under section 48—the matter is an exceptional case in which the best interests of children would not be harmed if the suspension were ended; or

(b)if the decision is about the suspension of an approved teacher under section 49—the teacher does not pose an unacceptable risk of harm to children.

54   QCAT to give notice inviting submissions to approved teacher

(1)QCAT must give the approved teacher a notice inviting the teacher to show, within a stated time, why—

(a)if the notice relates to the review of the suspension of the approved teacher under section 48—the matter is an exceptional case in which the best interests of children would not be harmed if the suspension of the teacher’s registration or permission to teach were ended; or

(b)if the notice relates to the review of the suspension of the approved teacher under section 49—the teacher does not pose an unacceptable risk of harm to children.

(2)The stated time must be not less than 28 days after the notice is given.

(3)The notice must be given to the teacher immediately after QCAT receives, under section 50, a copy of the notice of suspension given to the teacher.

55   QCAT’s decision about continuation of suspension

(1)After considering any submissions made by the approved teacher within the stated time under section 54, QCAT must decide—

(a)if the review is of the suspension of an approved teacher under section 48—whether it is an exceptional case in which the best interests of children would not be harmed if the suspension were ended; or

(b)if the review is of the suspension of an approved teacher under section 49—whether the teacher does not pose an unacceptable risk of harm to children.

(2)QCAT must order the suspension be ended if—

(a)if the review is of the suspension of an approved teacher under section 48—QCAT is satisfied it is an exceptional case; or

(b)if the review is of the suspension of an approved teacher under section 49—QCAT is satisfied the teacher does not pose an unacceptable risk of harm to children.

(3)QCAT’s decision must be made not later than 14 days after the earlier of the following to happen—

(a)QCAT receives the approved teacher’s submission under section 54;

(b)the stated time under section 54 ends.

(4)If QCAT does not make a decision within the 14 day period under subsection (3), QCAT is taken to have made an order ending the suspension.

(5)QCAT must, as soon as practicable, give notice of its decision to the approved teacher and the college.

(6)The notice must state each of the following—

(a)QCAT’s decision and the reasons for it;

(b)if the decision is that it is not an exceptional case or that the teacher poses an unacceptable risk to children—that the teacher may apply, within 28 days after the notice is given and as otherwise provided under the QCAT Act, to QCAT for a review of QCAT’s decision.

55A   Requirement for college to refer practice and conduct matter or authorise investigation

If QCAT continues the suspension of the approved teacher under section 49, the college must, as soon as practicable—

(a)if the college reasonably believes the matter forming the basis of the suspension is a ground for disciplinary action against the approved teacher—refer a practice and conduct matter to the relevant practice and conduct body under section 97; or

(b)otherwise—authorise an investigation of the matter forming the basis of the suspension under section 98.

Division 3 Cancellation

56   Cancellation in particular circumstances

(1)This section applies if, after the relevant commencement, an approved teacher—

(a)is convicted of a serious offence or a disqualifying offence; or

(b)becomes a relevant excluded person.

Note—

See also section 344 (Effect of serious offence conviction before relevant commencement).

(2)The college must, as soon as practicable after it becomes aware of a matter mentioned in subsection (1), cancel the teacher’s registration or permission to teach.

(3)The college must immediately give notice to the teacher of the cancellation.

(4)The notice must state that—

(a)there is no appeal under this Act or the QCAT Act in relation to the cancellation of the teacher’s registration or permission to teach; and

(b)unless subsection (c) applies, the teacher can never be granted registration or permission to teach; and

(c)the teacher can apply for registration or permission to teach if the cancellation of the teacher’s registration or permission to teach was under this section and any of the following apply in relation to the teacher—

(i)the conviction of the teacher for the serious offence or the disqualifying offence is overturned on appeal;

(ii)the decision or order of the court resulting in the teacher becoming a relevant excluded person—

(A)is overturned on appeal; and

(B)was not made in relation to a conviction for a serious offence or a disqualifying offence;

(iii)an eligibility declaration is issued to the teacher under part 1A.

(5)A copy of the notice must be given to the employing authority for, and the principal of, each school at which the teacher is employed.

(6)There is no appeal under this Act or the QCAT Act against the cancellation under this section of the teacher’s registration or permission to teach.

(7)In this section—

appeal includes review.

57   Effect of appeal on cancellation

(1)This section applies if—

(a)the registration or permission to teach of an approved teacher is cancelled by the college under section 56; and

(b)any of the following is appealed—

(i)the conviction of the teacher for the serious offence or the disqualifying offence;

(ii)the decision or order of the court resulting in the teacher becoming a relevant excluded person.

(2)The cancellation remains in effect during the appeal.

(3)The person is no longer an excluded person in relation to the cancellation if—

(a)the conviction is overturned on appeal; or

(b)the decision or order—

(i)is overturned on appeal; and

(ii)was not made in relation to a conviction for a serious offence or a disqualifying offence.

Division 4 [Repealed]

58   [Repealed]

Part 7    Surrender of registration or permission to teach

59   Surrender of registration or permission to teach

An approved teacher may surrender the teacher’s registration or permission to teach by—

(a)returning to the college the teacher’s certificate of registration or certificate of permission to teach; and

(b)giving notice of the surrender to the college.

Part 8    Documents evidencing registration or permission to teach

60   Form of certificate of registration

(1)A certificate of registration must be in the approved form.

(2)The approved form must provide for inclusion of the following—

(a)the registered teacher’s name;

(b)whether the teacher holds full registration or provisional registration;

(c)the teacher’s identification number;

(d)the period of the registration;

(e)the qualifications held by the teacher and—

(i)relied on by the teacher to obtain registration; or

(ii)evidence of which has otherwise been given to the college;

(f)any conditions of the registration.

61   Form of certificate of permission to teach

(1)A certificate of permission to teach must be in the approved form.

(2)The approved form must provide for inclusion of the following—

(a)the approved teacher’s name;

(b)the period of the permission to teach;

(c)the teacher’s identification number;

(d)any conditions of the permission to teach.

62   [Repealed]

63   Replacing certificate of registration or certificate of permission to teach

(1)An approved teacher may apply to the college for replacement of the teacher’s registration certificate or certificate of permission to teach, if it has been lost, stolen, destroyed or damaged.

(2)The application must be—

(a)in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)The college may decide to grant the application only if it is satisfied the certificate has been lost, stolen, destroyed or damaged in a way to require its replacement.

64   Requirement to return certificate of registration or permission to teach etc. on suspension or cancellation

(1)This section applies if an approved teacher’s registration or permission to teach is suspended or cancelled by the college or QCAT.

(2)The teacher must, unless the teacher has a reasonable excuse, return the teacher’s certificate of registration or permission to teach to the college within 14 days after receiving notice of the suspension or cancellation.

Maximum penalty—20 penalty units.

Part 9    Miscellaneous provisions

65   College’s power to obtain police information etc. in relation to an approved teacher

(1)For deciding whether an approved teacher is or continues to be suitable to teach, the college may—

(a)ask the commissioner of police for—

(i)a written report containing details of the police information, if any, existing in relation to the teacher; or

(ii)a brief description of the circumstances of a conviction or charge, for an offence, mentioned in the applicant’s criminal history; or

(iii)information about any investigation relating to the possible commission of a serious offence or a disqualifying offence by the applicant; or

(b)ask an interstate commissioner of police for a brief description of the circumstances of—

(i)a conviction of the person for an offence in another State, including an interstate spent conviction of the person; or

(a)the teacher’s registration or permission to teach continues; and

(b)the teacher is not an excluded person.

346   Representations about show cause notice

(1)The approved teacher may make written representations about the show cause notice to the college during the show cause period.

(2)The college must consider all written representations (the accepted representations) made under subsection (1).

347   Decision after considering accepted representations

(1)The college must cancel the approved teacher’s registration unless, after considering the accepted representations for the show cause notice and the matters mentioned in section 12F(2) to (4), the college is satisfied it is an exceptional case in which it would not harm the best interests of children for the proposed action not to be taken.

(2)If college decides not to take the proposed action, the college must issue an eligibility declaration to the approved teacher.

(3)If the college decides to take the proposed action, the college must give the approved teacher an information notice.

348   Grounds for disciplinary action

(1)This section applies if, before the relevant commencement—

(a)a relevant teacher’s registration or permission to teach was suspended under section 48 because the teacher was charged with a disqualifying offence; and

(b)either—

(i)the charge was dealt with; or

(ii)the teacher was convicted of an offence other than an indictable offence.

(2)Section 92 as in force immediately before the relevant commencement continues to apply in relation to the teacher.

(3)In this section—

dealt with, in relation to a charge against a relevant teacher for a serious offence, means any of the following—

(a)the teacher has been acquitted of the charge;

(b)the charge has been withdrawn or dismissed;

(c)a nolle prosequi or no true bill has been presented in relation to the charge.

disqualifying offence see the Working with Children Act, section 168.

349   QCAT show cause notice given but not dealt with

(1)Subsection (2) applies if—

(a)before the relevant commencement, QCAT gave a notice under section 101 to a relevant teacher; and

(b)on the relevant commencement, QCAT has not made a decision under section 102 or 103.

(2)On the relevant commencement—

(a)the notice is taken to be withdrawn; and

(b)any disciplinary action started under chapter 5, part 2 is taken to be discontinued.

Note—

See section 344 (Effect of serious offence conviction before relevant commencement).

350   Decision about disciplinary action against approved teacher

(1)Subsection (2) applies if—

(a)before the relevant commencement—

(i)a general matter in relation to an approved teacher was referred to QCAT under section 97(2); or

(ii)a PP&C matter in relation to an approved teacher was referred to QCAT under section 111A(2) or 123(2)(b); and

(b)on the relevant commencement, QCAT has not made a decision under section 160.

(2)Section 160 as in force immediately before the relevant commencement continues to apply in relation to the approved teacher.

351   Referral to QCAT under ss 111A and 123

(1)This section applies if, before the relevant commencement, a PP&C matter in relation to a former approved teacher was referred to QCAT under section 111A(2) or 123(2)(b).

(2)Sections 111A(1)(b) and 123(2)(b) are taken always to have referred to disciplinary action mentioned in section 161(2)(b) or (c).

352   Decision about disciplinary action against former approved teacher

(1)Subsection (2) applies if—

(a)before the relevant commencement—

(i)a general matter in relation to a former approved teacher was referred to QCAT under section 97(2); or

(ii)a PP&C matter in relation to a former approved teacher was referred to QCAT under section 111A(2) or 123(2)(b); and

(b)on the relevant commencement, QCAT has not made a decision under section 161.

(2)Section 161 as in force immediately before the relevant commencement continues to apply in relation to the former approved teacher.

Part 14    Transitional provision for Education Legislation Amendment Act 2012

353   Existing standards continue in force

(1)This section applies to the professional standards developed by the college and in force immediately before the commencement of this section.

(2)The professional standards mentioned in subsection (1) continue in force until the college adopts or develops professional standards under section 235(1)(a) or (b).

Part 15    Transitional provisions for Education and Other Legislation Amendment Act 2016

354   Definitions for part

In this part—

amended, in relation to a provision of the Act, means the provision as in force after the commencement.

disciplinary proceedings means disciplinary proceedings under the unamended Act.

previous, in relation to a provision, means the provision as in force before the commencement.

unamended Act means the Act as in force before the commencement.

355   Delegation of functions

(1)Section 264(1) is taken to have always included a power of the board to delegate a function of the board under the Act to a person mentioned in section 264(1)(a) to (d).

(2)Section 264(2) is taken to have always included a power of the chairperson of the board to delegate a function of the chairperson under the Act to an appropriately qualified person.

356   Current disciplinary orders taken to be practice and conduct order

(1)From the commencement, a current disciplinary order is taken to be a practice and conduct order.

(2)In this section—

current disciplinary order means a disciplinary order under the unamended Act that was in force immediately before the commencement.

357   References to practice and conduct proceedings includes disciplinary proceedings

From the commencement, a reference in the following sections to practice and conduct proceedings includes, if the context permits, disciplinary proceedings—

(a)section 95(1)(a)(i);

(b)section 164(1);

(c)section 165;

(d)section 166(1) and (2);

(e)section 170;

(f)section 285(1)(a).

358   Particular references to practice and conduct body

Until the commencement of the Education and Other Legislation Amendment Act 2016, section 138(2), definition practice and conduct body, a reference in the following sections to a practice and conduct body is taken to be a reference to a disciplinary committee—

(a)section 50(3)(d)(ii);

(b)section 55A(a);

(c)section 92(3);

(d)section 285(1)(a).

359   Particular references to practice and conduct matter

Until the commencement of the Education and Other Legislation Amendment Act 2016, section 138(2), definition practice and conduct matter, a reference in the following sections to a practice and conduct matter is taken to be a reference to a disciplinary matter—

(a)section 50(3)(d)(ii);

(b)section 55A.

360   References to former disciplinary committees

In an Act or document—

(a)a reference to a disciplinary committee includes, if the context permits, a practice and conduct body; and

(b)a reference to the former PP&C committee includes, if the context permits, the PC&TC committee.

361   References to PC&TC committee include former PP&C committee

From the commencement, a reference in section 170 to the PC&TC committee includes, if the context permits, the former PP&C committee.

362   Notice of referral to QCAT under s 50

(1)This section applies if, before the commencement, the college gave a relevant teacher a notice under section 50(1) about a suspension under section 49.

(2)A reference in the notice to—

(a)a disciplinary matter is taken to be a reference to a practice and conduct matter; and

(b)a disciplinary action is taken to be a reference to a practice and conduct matter.

363   Matters referred to former PP&C committee before commencement

(1)This section applies to—

(a)a matter referred to the former PP&C committee under previous section 97(1); or

(b)a matter about which the college authorised an investigation under section 98 and the former PP&C has received the investigator’s report about the matter before the commencement.

(2)From the commencement—

(a)if, immediately before the commencement, the former PP&C committee had started disciplinary proceedings in relation to the matter—

(i)the PC&TC committee is to continue to deal with the matter; and

(ii)previous chapter 5, part 4 and previous chapter 6, part 1, division 2 apply to the PC&TC for continuing to deal with the matter as if a reference to the PP&C committee in those provisions were a reference to the PC&TC committee; or

(b)otherwise—

(i)the PC&TC committee is to continue to deal with the matter; and

(ii)amended chapter 5, part 4 and amended chapter 6, part 1, division 2 apply to the PC&TC committee for dealing with the matter.

(3)In this section—

disciplinary proceedings means disciplinary proceedings in relation to the matter under previous chapter 6, part 1, division 2, and includes the authorising of an investigation under previous section 109.

former PP&C committee means the PP&C committee under the unamended Act.

364   End of term of appointment of particular board members

(1)This section applies to a person who, immediately before the commencement, held an appointment as a member of the board under section 239(1)(f) or 239(1)(k).

(2)On the commencement, the term of the person’s appointment ends.

(3)No compensation is payable to any person for anything done under this section.

365   Particular board members continue

(1)A person who, immediately before the commencement, held an appointment as a member of the board other than under section 239(1)(f) or 239(1)(k) continues as a member of the board on the same conditions as the conditions of the person’s appointment immediately before the commencement.

(2)This section applies despite amended section 239.

Part 16    Transitional provisions for Education (Queensland College of Teachers) Amendment Act 2019

366   Teachers certified by college before commencement

(1)This section applies in relation to a teacher who, before the commencement of this section, was given notice by the college that the teacher had been assessed as having the abilities, experience, knowledge and skills stated in the professional standards for certification as a highly accomplished teacher or lead teacher.

(2)The teacher may, under section 67J, make a renewal application in relation to the notice as if the notice were a certification under chapter 2A, part 1.

(3)Section 67R applies in relation to the teacher as if the teacher were certified as a highly accomplished teacher or lead teacher under chapter 2A, part 1.

367   Existing applications for certification

(1)This section applies if—

(a)after 1 January 2019 but before the commencement of this section, a teacher made an application to the college to be assessed as having the abilities, experience, knowledge and skills stated in the professional standards for certification as a highly accomplished teacher or lead teacher; and

(b)immediately before the commencement of this section, the application had not been decided or withdrawn.

(2)On the commencement of this section, the application is taken to have been made under section 67A.

Schedule 1 Decisions for which information notice must be given

section 209(2)

Section	Description of decision
21(2)(b)	college’s decision to grant provisional registration to an applicant who applied for full registration
21(3)(a)	college’s decision not to grant application for registration or permission to teach
25(1)(b)	college’s decision not to grant full registration to holder of provisional registration
33(2)	college’s decision not to renew full registration or permission to teach
41(3)	college’s decision to take particular action in relation to a condition of registration or permission to teach following a review
43(5)	college’s decision not to cancel a condition of registration or permission to teach
47(3)(a)	college’s decision to suspend or cancel registration or permission to teach for failure to comply with condition
67D	college’s decision that certification application may not proceed to assessment stage 2
67G	college’s decision to refuse to certify teacher as highly accomplished teacher or lead teacher
67M	college’s decision to refuse to renew certification
123(4)(a)	PP&C committee’s decision to take particular disciplinary action
236(5)	college’s decision to refuse to approve a preservice teacher education program
347(3)	college’s decision to cancel registration or permission to teach for a conviction for a serious offence

Schedule 3 Dictionary

section 6

accepted representations see section 346(2).

annual fee see section 66(1).

appealable decision ...

approved form means a form approved by the college under section 297.

approved teacher means a person who—

(a)is a registered teacher; or

(b)holds a permission to teach.

assessment stage 1 see section 67C(1)(a).

assessment stage 2 see section 67C(1)(b).

attendance notice see section 144(1).

board means the board of the college.

certificate of permission to teach means a certificate of permission to teach issued by the college to the holder of a permission to teach under this Act.

certificate of registration means a certificate of registration issued by the college to a registered teacher under this Act.

certification application see section 67A(1).

certifying entity means an entity, other than the college, that certifies teachers as highly accomplished teachers or lead teachers.

charge, of an offence, means a charge in any form, including, for example, the following—

(a)a charge on an arrest;

(b)a notice to appear served under the Police Powers and Responsibilities Act 2000, section 382;

(c)a complaint under the Justices Act 1886;

(d)a charge by a court under the Justices Act 1886, section 42(1A), or another provision of an Act;

(e)an indictment.

chief executive (employment screening) means the chief executive of the department in which the Working with Children Act is administered.

children’s commissioner ...

code of practice means a code of practice approved by the Minister under section 290.

college means the Queensland College of Teachers established under section 229.

college decision, for chapter 8, part 1, see section 208A.

commencement—

(a)for chapter 12, parts 1 to 7—see section 299; or

(b)for chapter 12, part 11, division 2—see section 333.

commissioner of police means the commissioner of the police service appointed under the Police Service Administration Act 1990.

Commissioner’s Act ...

complainant, in relation to a complaint, means the person who made the complaint.

complaint means a complaint made under chapter 4.

conviction means a finding of guilt by a court, or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.

CPD framework see section 30(1).

CPL framework ...

CPOPOA disqualification order ...

criminal history, of a person, means all of the following—

(a)every conviction of the person for an offence, in Queensland or elsewhere, whether before or after the commencement of this Act;

(b)every charge of an offence made against the person, in Queensland or elsewhere, whether before or after the commencement of this Act.

criminal history check fee means the criminal history check fee prescribed under a regulation.

delegated decision, for chapter 8, part 1, see section 208A.

director means the director of the office.

disciplinary action means action taken against a relevant teacher by a practice and conduct body under chapter 5, part 4 or chapter 6, part 2, division 2.

disciplinary committees ...

disciplinary information ...

disciplinary matter ...

disciplinary order ...

disciplinary proceedings ...

disqualification order ...

disqualifying offence see the Working with Children Act, section 16.

eligibility applicant see section 12D.

eligibility application, for chapter 2, part 1A, see section 12E(1).

eligibility declaration see section 12B.

eligibility requirements—

(a)for full registration, see section 8(3); and

(b)for provisional registration, see section 9(3); and

(c)for permission to teach, see section 10(2).

employing authority, for a school, means the person or entity responsible for the appointment of teachers to the educational staff of the school.

evidentiary material, about an offence, means material compiled in the course of the investigation or prosecution of the offence, including, for example, the following—

(a)a summary of the circumstances of the alleged offence prepared by a police officer;

Examples—

bench charge sheet, QP9

(b)a witness statement;

(c)an indictment;

(d)a record of an interview or a transcript of a record of an interview;

(e)a report by an expert about the applicant.

excluded person means a person—

(a)who is a relevant excluded person, other than a person mentioned in section 57(3); or

(b)who is, or has been, convicted of a serious offence or a disqualifying offence other than—

(i)a person to whom an eligibility declaration is issued, and not revoked, under chapter 2, part 1A; or

(ii)a person mentioned in section 57(3)(a); or

(c)who is prohibited from reapplying for registration or permission to teach by a practice and conduct order.

excluding offence ...

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

existing register, for chapter 12, parts 1 to 7, see section 299.

expanded interstate criminal history, of a person, means—

(a)every interstate spent conviction of the person; and

(b)every interstate charge against the person.

final offender prohibition order means a final order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.

final sexual offender order means a division 3 order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

financial year means the college’s financial year under section 267.

former Act means a repealed Act, or a repealed provision of an Act, that provided for the same matter as this Act or a provision of this Act.

Examples—

the repealed Education Act 1964

the repealed Education (Teacher Registration) Act 1988

former approved teacher means—

(a)a former registered teacher; or

(b)a former holder of a permission to teach.

former board, for chapter 12, parts 1 to 7, see section 299.

former by-law, for chapter 12, parts 1 to 7, see section 299.

former holder of a permission to teach, in relation to a disciplinary matter, means a person who—

(a)was the holder of a permission to teach when the conduct to which the disciplinary matter relates happened; and

(b)no longer holds a permission to teach.

former office, for chapter 12, parts 1 to 7, see section 299.

former registered teacher, in relation to a disciplinary matter, means a person who—

(a)was a registered teacher, whether under this Act or a former Act, when the conduct to which the disciplinary matter relates happened; and

(b)is no longer a registered teacher.

full registration means full registration under chapter 2.

general matter see section 96.

ground for disciplinary action see section 92(1).

harm see section 7.

health assessment, of a relevant teacher, means a medical, physical, psychological or psychiatric examination or test of the relevant teacher by a registered health practitioner.

health assessment report see section 119B(1).

health practitioner panel means the panel of registered health practitioners kept under section 289A.

higher education course means an accredited course under the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth).

higher education entity ...

higher education institution means an educational institution that provides, or proposes to provide, a higher education course.

identification number, of an approved teacher, means the number assigned by the college to the teacher for the purposes of the teacher’s registration or permission to teach.

impairment means a physical or mental condition or disorder (including substance abuse or dependence).

imprisonment order—

(a)means either of the following orders—

(i)an order of a court that convicts a person for an offence, if the order includes a penalty that includes imprisonment for the offence, whether wholly or partially suspended;

(ii)an intensive correction order under the Penalties and Sentences Act 1992 or an order of another jurisdiction that substantially corresponds to an intensive correction order; but

(b)does not include an order of imprisonment that is imposed as a consequence of a breach of a community service order or probation order within the meaning of the Penalties and Sentences Act 1992.

indictable offence includes an indictable offence dealt with summarily, whether or not the Criminal Code, section 659 applies to the indictable offence.

information notice, for a decision, means a notice stating each of the following—

(a)the decision and the reasons for it;

(b)that the person may apply to the college for a review of the decision within 28 days after the person is given the notice;

(c)how to apply for a review.

information request see section 67P(1).

information request period means the period mentioned in section 67P(1) and any extension of that period given by the college.

interim sexual offender order means an interim detention order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

interstate charge, made against a person, means a charge against the person for an offence alleged to have been committed by the person against a law of another State or the Commonwealth.

interstate commissioner of police means the commissioner of a police force or service of another State or the Commonwealth.

interstate information—

(a)means—

(i)a person’s expanded interstate criminal history disclosed by the commissioner of police to the college under section 15, 65 or 75; or

(ii)any other information, that relates to a person’s expanded interstate criminal history, disclosed by the commissioner of police under section 15, 65 or 75, or an interstate commissioner of police under section 15A or 65, to the college; and

(b)for chapter 5, part 1, division 2—see section 96A.

interstate regulatory authority means an entity—

(a)established under the law of another State or New Zealand; and

(b)that has functions similar to the functions of the college under this Act.

interstate rehabilitation law means a law applying, or that applied, in another State or the Commonwealth, that provides, or provided, for the same matter as the Criminal Law (Rehabilitation of Offenders) Act 1986.

interstate spent conviction, of a person, means a conviction for an offence committed by the person against a law of another State or the Commonwealth that the person is not required to disclose under an interstate rehabilitation law because—

(a)a rehabilitation period prescribed under that law for the conviction has expired; and

(b)the conviction has not been revived under that law.

investigator means an investigator appointed under section 175.

new board, for chapter 12, parts 1 to 7, see section 299.

non-State school means an accredited school under the Education (Accreditation of Non-State Schools) Act 2017.

notice means written notice.

offender prohibition disqualification order means a disqualification order made under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004, section 13T.

offender prohibition order means an offender prohibition order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.

offender reporting obligations means reporting obligations under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.

office means the Office of the Queensland College of Teachers established under section 276.

original decision see section 209(1).

PC&TC committee means the Professional Capacity and Teacher Conduct Committee established under section 113.

PC&TC matter see section 95(1).

permission to teach means permission to teach under chapter 2.

police information, about a person, means the following—

(a)the person’s criminal history;

(b)information as to whether the person is or has been—

(i)a relevant excluded person; or

(ii)named as the respondent to an application for an offender prohibition order; or

(iii)the subject of an application for an offender prohibition disqualification order.

PP&C committee ...

PP&C matter ...

practice and conduct agreement see section 101(1).

practice and conduct body means the PC&TC committee or QCAT when undertaking disciplinary action under this Act.

practice and conduct matter see section 93.

practice and conduct order means an order made against a relevant teacher by a practice and conduct body under chapter 5, part 4 or chapter 6, part 2, division 2.

practice and conduct proceedings means proceedings conducted by a practice and conduct body in relation to a practice and conduct matter.

practising teacher means a registered teacher who is part of the educational staff of a school.

prescribed school see section 74.

preservice teacher education program means—

(a)a course of preservice teacher education; or

(b)a graduate course of preservice teacher education.

previously-provided police information, for chapter 2, part 3, division 1, see section 25D.

principal, of a school with no position by that name, means the person responsible for the day-to-day management of the school.

professional practice requirements—

(a)for full registration, see section 8(2); and

(b)for provisional registration, see section 9(2).

professional standards means the standards adopted or developed under section 235(1)(a) or (b).

proposed action see section 345(2)(a).

provisional registration means provisional registration under chapter 2.

register means the register of approved teachers kept by the college under section 288.

registered health practitioner means an individual registered under the Health Practitioner Regulation National Law (Queensland) to practise a health profession, other than as a student.

registered higher education provider see the Tertiary Education Quality and Standards Agency Act 2011 (Cwlth), section 5.

registered teacher means a person who holds full registration or provisional registration under this Act.

registration means full registration or provisional registration under chapter 2.

registration card ...

registration year means—

(a)for a person who is taken to be an approved teacher on 1 January 2006 under section 314 or 315—

(i)1 January 2006 to 31 December 2006; and

(ii)subsequent years starting on 1 January and ending on 31 December; or

(b)for a person who becomes an approved teacher after 1 January 2006—

(i)the year starting on the day the person’s registration or permission to teach is granted; and

(ii)subsequent years starting on the anniversary of the day the person’s registration or permission to teach is granted.

relevant commencement means the commencement of the Education and Training Legislation Amendment Act 2011, part 4.

relevant condition see section 45(1).

relevant disciplinary committee decision ...

relevant excluded person means a person who is subject to—

(a)offender reporting obligations; or

(b)an offender prohibition order; or

(c)an offender prohibition disqualification order; or

(d)a sexual offender order.

relevant personal information, for chapter 11, part 1, see section 282.

relevant teacher—

(a)for chapter 3, part 1, division 3, see section 73; or

(b)otherwise, means—

(i)an approved teacher; or

(ii)a former approved teacher.

renewal application see section 67J(2).

repealed Act, for chapter 12, parts 1 to 7, see section 299.

representative entities means the following entities—

(a)unions representing teachers in Queensland;

(b)the employing authorities, or entities representing employing authorities, for schools in Queensland;

(c)entities representing parents or guardians of students enrolled at schools in Queensland;

(d)1 or more persons considered by the college to be representative of providers of preservice teacher education programs;

(e)another entity in Queensland the college considers is representative of the interests of teachers.

returning to teaching condition ...

review committee see section 211(1).

review decision, for chapter 8, part 1, see section 208A.

review notice ...

school means a State school or non-State school.

serious offence see the Working with Children Act, section 15.

sexual offender order means a division 3 order, interim detention order or interim supervision order under the Dangerous Prisoners (Sexual Offenders) Act 2003.

show cause matter ...

show cause notice see section 345(1).

show cause period see section 345(2)(d).

spent conviction ...

State school means a State instructional institution within the meaning of the Education (General Provisions) Act 2006, schedule 4.

teach means undertake duties as a teacher.

teacher—

(a)means—

(i)a person who undertakes duties in a school including any of the following—

(A)delivering an educational program;

(B)assessing student participation in an educational program;

(C)otherwise administering or providing consistent and substantial educational leadership to an educational program; or

(ii)a person who undertakes duties, other than in a school, for an educational program prescribed under a regulation, including any of the following—

(A)delivering the program;

(B)assessing student participation in the program;

(C)otherwise administering or providing consistent and substantial educational leadership to the program; and

(b)does not include a teacher’s aide, a teacher’s assistant or a student teacher.

Teachers Disciplinary Committee ...

temporary offender prohibition order means a temporary order under the Child Protection (Offender Reporting and Offender Prohibition Order) Act 2004.

Working with Children Act means the Working with Children (Risk Management and Screening) Act 2000.