Kaley v ACT Teacher Quality Institute (Occupational Discipline)

The applicant, Mr Kaley, a teacher with provisional registration under the ACT Teacher Quality Institute Act 2010 (ATQI Act), has sought judicial review of the decision by the ACT Teacher Quality Institute (ATQI) to refuse his application for full registration as a teacher. The applicant argues that he meets the criteria for full registration due to his higher education degree and over 180 days of teaching experience. The respondent, ATQI, has conceded that the decision to refuse the applicant’s registration was made in breach of the statutory requirements, and they request that the decision be remitted for reassessment.

The primary legal issue in this case is whether the applicant is eligible for full registration as a teacher under the ATQI Act. The applicant contends that he does not need to be assessed against the Proficient level as set out in the Standards Determination before being granted full registration. Instead, he argues that a principal’s report certifying his teaching experience is sufficient. The respondent, on the other hand, maintains that the applicant must meet the eligibility criteria set out in the Act, which may include an assessment against the Proficient level.

The Tribunal found that the respondent’s decision to refuse the applicant’s application for full registration was indeed made in breach of the statutory requirements, as conceded by the respondent. The Tribunal set aside the decision and directed that the applicant’s application be reconsidered. The Tribunal further directed that the applicant must provide any further relevant evidence to the respondent within 28 days, after which the respondent must reassess the application. If the respondent proposes to refuse the application, they must provide written reasons and allow the applicant to comment on the proposed decision before making a final determination. The Tribunal also directed that the applicant’s provisional registration be renewed if it expires before the reconsideration is completed.