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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Teacher Registration Bill 2011
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Terms used 2
4. Crown bound 5
5. Best interests of children paramount 5
Part 2 -- Teaching by unregistered
persons and related offences
6. Requirement to be registered 6
7. Requirement to employ etc. teachers who are
registered 6
8. Registered teachers must comply with conditions
of registration 6
9. Pretending to be registered or entitled to teach 6
Part 3 -- Registration of teachers
Division 1 -- Registration of teachers
Subdivision 1 -- Applications
10. Application for registration 8
11. Application for renewal of registration 9
12. Applicant for limited registration is employer 9
13. Information in support of application 9
14. Board may refuse to consider some applications 10
Subdivision 2 -- Requirements for registration
15. Full registration -- requirements 10
16. Provisional registration -- requirements 11
17. Limited registration -- requirements 11
18. Non-practising registration -- requirements 12
260--2 page i
Teacher Registration Bill 2011
Contents
19. Only natural persons may be registered as teachers 12
20. Professional standards 12
Subdivision 3 -- Registration
21. Grant of registration 13
22. Renewal of registration 14
23. Duration of registration 14
24. Who is a fit and proper person 15
Subdivision 4 -- Conditions and cancellation
25. Conditions generally 16
26. Conditions imposed by the Board 16
27. Cancellation of registration by Board 17
28. Cancellation of registration at teacher's request 18
Subdivision 5 -- Notice of decisions and opportunity
to show cause why some decisions should not
be made
29. Notice of decisions on registration to be given 19
30. Notice of decision to impose, modify or cancel a
condition made during the currency of the
registration 19
31. Notice of cancellation or reinstatement of
registration to be given 20
32. Board to give reasonable opportunity to show
cause why some decisions should not be made 21
Subdivision 6 -- General provisions
33. Effect of cancellation of registration 21
34. Effect of suspension of registration 21
35. Annual fees 21
Division 2 -- The register
36. Register of teachers to be kept 22
37. Inspection of register 22
Part 4 -- Board to be given notice,
and may obtain criminal record
checks, in some circumstances
Division 1 -- Notices to be given
Subdivision 1 -- Notices to be given by registered
teachers
38. Notice about legal actions 24
39. Notice about loss of qualifications 24
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Teacher Registration Bill 2011
Contents
40. Notice about working with children notices and
assessments 24
Subdivision 2 -- Notices to be given by other persons
41. Notice to be given by DPP or Commissioner of
Police about committal, conviction etc. of
registered teacher 25
42. Notice to be given by employer about suspension,
dismissal or resignation of registered teacher 26
Division 2 -- Criminal record checks
43. Board may request consent to obtain a criminal
record check 26
44. Criminal record check 27
Division 3 -- Board to consider notices and
criminal record checks received
45. Action to be taken by Board on receiving a
notification or criminal record check 27
Part 5 -- Disciplinary and
impairment matters
Division 1 -- Preliminary
46. Terms used 28
47. Disciplinary matters 29
48. Impairment matters 29
Division 2 -- Disciplinary committee and
impairment review committee
49. Disciplinary committee 30
50. Impairment review committee 31
Division 3 -- Complaints about teachers
51. Making a complaint 32
52. Teacher to be notified of complaint 32
Division 4 -- Assessment, investigation and
referral of complaints
53. Assessment, investigation and referral by Board 33
54. Board to provide report to committee 34
55. Committee may request Board to undertake further
investigations or recommend that the complaint be
referred elsewhere 34
56. Board's powers of investigation 35
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Teacher Registration Bill 2011
Contents
57. Inappropriate and trivial complaints 35
Division 5 -- Interim disciplinary orders
58. Interim disciplinary orders generally 36
59. Interim disciplinary orders may be made where
risk of injury or harm 36
60. Interim disciplinary order may be made if teacher
charged with sexual offence involving a child 37
61. Interim disciplinary orders to be referred to the
State Administrative Tribunal 37
Division 6 -- Role of disciplinary committee
Subdivision 1 -- Initial assessment of complaints
62. Initial assessment and decision of disciplinary
committee on complaint 38
Subdivision 2 -- Inquiries
63. Disciplinary committee to deal with certain
complaints 38
64. Inquiry -- procedure and evidence 39
65. Rights of teacher as to evidence and witnesses 39
66. Evidence and findings in other proceedings 39
67. Representation at inquiry 40
68. Powers of inquiry 40
69. Record of inquiry 41
70. Decision of disciplinary committee after inquiry 42
Subdivision 3 -- Offences relating to inquiries
71. Failure to comply with notice under section 68 43
72. Disruption of inquiry 43
Division 7 -- Role of impairment review
committee
Subdivision 1 -- Complaints relating to impairment
matters
73. Impairment review committee to deal with certain
complaints 44
74. Registered teacher to be notified about impairment
matter 44
75. Impairment matter -- procedure and evidence 44
76. Examination 45
77. Report of examination to impairment review
committee 45
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Teacher Registration Bill 2011
Contents
78. Decision of impairment review committee after
consideration of matter 46
79. Recommendation 47
80. Decision of Board after consideration of
recommendation of impairment review committee 47
Subdivision 2 -- Requests to impairment review
committee by teachers
81. Request by teacher for imposition of condition 48
82. Cancellation of condition 48
Division 8 -- State Administrative Tribunal
Subdivision 1 -- Role of the Board
83. Certain complaints to be referred to State
Administrative Tribunal 49
Subdivision 2 -- State Administrative Tribunal
84. Jurisdiction of State Administrative Tribunal 49
Division 9 -- Notice of orders and decisions
made under this Part
85. Notice of orders and decisions made under this
Part 51
Part 6 -- Teacher Registration Board
Division 1 -- Establishment
86. Board established 52
87. Membership of Board 52
88. Remuneration and allowances 52
Division 2 -- Functions and powers
89. Functions 53
90. Powers 53
91. Delegation by Board 53
Division 3 -- Staff and services
92. Staff and services 54
Division 4 -- Relationship of Board with
Minister
93. Directions by Minister 54
94. Minister to have access to information 55
page v
Teacher Registration Bill 2011
Contents
Division 5 -- Constitution and proceedings of
the Board
Subdivision 1 -- General provisions
95. Term of office 56
96. Casual vacancies 56
97. Deputy chairperson acting as chairperson 57
98. Alternate members 57
99. Holding meetings 58
100. Quorum 58
101. Presiding at meetings 58
102. Procedure at meetings 58
103. Voting 59
104. Holding meetings remotely 59
105. Resolution without meeting 59
106. Minutes 59
107. Committees 59
Subdivision 2 -- Disclosure of interest
108. Disclosure of interest 60
109. Voting by interested Board member 61
110. Section 109 may be declared inapplicable 61
111. Quorum where section 109 applies 61
112. Minister may declare sections 109 and 111
inapplicable 62
Division 6 -- General
113. Execution of documents by the Board 62
114. Annual report of Board 62
115. Teacher Registration Board Account 63
Part 7 -- Miscellaneous
Division 1 -- Publishing and using information
116. Term used: publish 64
117. Confidentiality of information 64
118. Publication of information 65
Division 2 -- Legal proceedings
119. Legal proceedings 66
120. Evidence Act 1906 not affected 67
121. Evidentiary matters 67
122. Evidentiary certificate 67
123. Recovery of amounts due 68
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Teacher Registration Bill 2011
Contents
Division 3 -- Review by State Administrative
Tribunal
124. Review by State Administrative Tribunal of certain
decisions 68
Division 4 -- Other matters
125. Laying before House of Parliament that is not
sitting 69
126. Protection from liability 70
127. False or misleading information 70
128. Regulations 71
129. Forms 73
130. Review of Act 73
Part 8 -- Repeals and transitional
matters
Division 1 -- Interpretation Act 1984 not
affected
131. Interpretation Act 1984 not affected 74
Division 2 -- Repeals
132. Western Australian College of Teaching Act 2004
repealed 74
133. Western Australian College of Teaching
Regulations 2004 repealed 74
134. Western Australian College of Teaching
(Elections) Regulations 2007 repealed 74
Division 3 -- Transitional provisions arising
from the enactment of the Teacher
Registration Act 2011
Subdivision 1 -- Terms used
135. Terms used 75
Subdivision 2 -- Registration
136. Current registration continues 76
137. Registration of persons not currently registered at
commencement day 76
Subdivision 3 -- Former Board abolished
138. Former Board abolished 78
139. Unfinished proceedings 78
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Teacher Registration Bill 2011
Contents
Subdivision 4 -- Assets and liabilities of the College,
other than those relating to real property,
transferred
140. This Subdivision does not apply in respect of real
property 78
141. Transfer of assets, liabilities, etc. 78
142. Winding-up 79
143. Final report 80
144. Records etc. to be delivered to CEO 80
Subdivision 5 -- Staff under WACOT Act
145. Staff under WACOT Act -- transition of
employment 80
Subdivision 6 -- Other matters
146. Disciplinary proceedings 81
147. Orders made under WACOT Act 81
148. References to College or former Board 81
149. Transitional regulations 82
Part 9 -- Amendments to other Acts
Division 1 -- Western Australian College of
Teaching Act 2004 amended
150. Western Australian College of Teaching Act 2004
amended 84
151. Long title amended 84
152. Section 3 replaced 84
3. Terms used 84
153. Section 7 amended 85
154. Sections 9 to 13 deleted 85
155. Section 15 amended 85
156. Sections 16 to 18 replaced 85
16. Term used: residual affairs 85
17. Function of College 86
18. Powers of College 86
157. Sections 19 to 21 deleted 86
158. Section 25 amended 86
159. Section 26 replaced 87
26. Funds available to the College 87
160. Sections 27 to 29 deleted 87
161. Parts 4 to 9 deleted 87
162. Schedules 1 to 4 deleted 87
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Teacher Registration Bill 2011
Contents
Division 2 -- Other Acts amended
163. Children and Community Services Act 2004
amended 87
164. Constitution Acts Amendment Act 1899 amended 88
165. Oaths, Affidavits and Statutory Declarations Act
2005 amended 88
166. Occupational Therapists Act 2005 amended 88
167. Prostitution Amendment Act 2008 amended 89
168. Sentencing Act 1995 amended 89
169. Spent Convictions Act 1988 amended 89
170. State Administrative Tribunal Act 2004 amended 90
Defined Terms
page ix
Western Australia
LEGISLATIVE ASSEMBLY
(As amended -- proforma amendments)
Teacher Registration Bill 2011
A Bill for
An Act to --
• provide for the establishment of the Teacher Registration Board
of Western Australia; and
• provide for the regulation of the teaching profession in Western
Australia; and
• facilitate the establishment, implementation and administration of
an inter-jurisdictional accreditation scheme for teacher education
programmes; and
• repeal the Western Australian College of Teaching Act 2004 and
the regulations made under that Act; and
• make consequential amendments to various Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Teacher Registration Bill 2011
Part 1 Preliminary
s. 1
1 Part 1 -- Preliminary
2 1. Short title
3 This is the Teacher Registration Act 2011.
4 2. Commencement
5 This Act comes into operation as follows --
6 (a) sections 1 and 2 -- on the day on which this Act
7 receives the Royal Assent;
8 (b) the rest of the Act -- on a day fixed by proclamation,
9 and different days may be fixed for different provisions.
10 3. Terms used
11 In this Act --
12 accredited initial teacher education programme means a
13 teacher education programme accredited under, or in a manner
14 described in, the regulations;
15 application means an application under Part 3 Division 1
16 Subdivision 1;
17 approved means approved in writing;
18 Board means the Teacher Registration Board of Western
19 Australia established by section 86;
20 CEO means the chief executive officer of the Department;
21 child care centre means a place where a child care service as
22 defined in the Child Care Services Act 2007 section 4 is
23 provided;
24 committee means a committee established by the Board under
25 this Act;
26 complainant, in relation to a complaint, means the person who
27 made the complaint, but does not include the Board;
28 complaint means a complaint made under Part 5;
29 condition includes a restriction;
page 2
Teacher Registration Bill 2011
Preliminary Part 1
s. 3
1 criminal record check means information provided by the
2 Australian Federal Police, the Police Force of a State or
3 Territory or another country, or another body or agency
4 prescribed, regarding the criminal convictions of a person for
5 offences under the law of the Commonwealth, or of a State or
6 Territory, or of another country;
7 Department means the department of the Public Service
8 principally assisting the Minister in the administration of this
9 Act;
10 detention centre has the meaning given in the Young Offenders
11 Act 1994 section 3;
12 disciplinary committee means a committee established under
13 section 49;
14 educational programme means an organised set of learning
15 activities designed to enable a student to develop knowledge,
16 understanding, skills and attitudes relevant to the student's
17 individual needs;
18 educational venue means any of the following --
19 (a) a school as defined in the School Education Act 1999
20 section 4;
21 (b) a kindergarten registered under the School Education
22 Act 1999 Part 5;
23 (c) a child care centre;
24 (d) a detention centre;
25 (e) any other place prescribed as an educational venue;
26 employer, in relation to a registered teacher, means the person
27 or entity who engaged, employed or appointed the teacher, or
28 gave the teacher permission to teach, in an educational venue;
29 impairment review committee means the committee established
30 under section 50;
31 inquiry means an inquiry under Part 5 Division 6 Subdivision 2;
32 interim disciplinary order means an order made under Part 5
33 Division 5;
page 3
Teacher Registration Bill 2011
Part 1 Preliminary
s. 3
1 lawyer means an Australian lawyer as defined in the Legal
2 Profession Act 2008 section 3;
3 medical practitioner means a person registered under the
4 Health Practitioner Regulation National Law (Western
5 Australia) in the medical profession;
6 nominee, in relation to limited registration, has the meaning
7 given in section 17;
8 prescribed means prescribed by regulation;
9 principal has the meaning given in the School Education
10 Act 1999 section 4;
11 professional standards means the professional standards
12 developed by the Board and approved by the Minister under
13 section 20;
14 register means the register kept under Part 3 Division 2;
15 registered teacher means a person who is registered under
16 Part 3;
17 registration means registration under Part 3 in one of the
18 following categories --
19 (a) full registration;
20 (b) provisional registration;
21 (c) limited registration;
22 (d) non-practising registration;
23 sexual offence involving a child has the meaning given in
24 section 46;
25 student means a person to whom an educational programme is
26 being delivered;
27 teach means to undertake duties in an educational venue that
28 include --
29 (a) the delivery of an educational programme designed to
30 implement a prescribed curriculum and the assessment
31 of student participation in such an educational
32 programme; or
page 4
Teacher Registration Bill 2011
Preliminary Part 1
s. 4
1 (b) the administration of any such educational programme,
2 but does not include duties of the kind undertaken --
3 (c) by a teacher's aide or a teacher's assistant, or by a
4 student teacher on practicum placement; or
5 (d) by a person employed or engaged to provide care at a
6 child care centre but who is not employed or engaged to
7 teach at that centre; or
8 (e) by an unpaid volunteer, unless the volunteer is
9 undertaking duties of a kind, or to an extent, prescribed
10 for the purposes of this paragraph; or
11 (f) by such persons, or in such circumstances, if any, as are
12 prescribed.
13 4. Crown bound
14 (1) This Act binds the State and, so far as the legislative power of
15 the Parliament permits, the Crown in all its other capacities.
16 (2) Nothing in this Act makes the State, or the Crown in any of its
17 other capacities, liable to be prosecuted for an offence.
18 5. Best interests of children paramount
19 A person or body with functions under this Act must, in the
20 performance of those functions, regard the best interests of
21 children as the paramount consideration.
page 5
Teacher Registration Bill 2011
Part 2 Teaching by unregistered persons and related offences
s. 6
1 Part 2 -- Teaching by unregistered persons and
2 related offences
3 6. Requirement to be registered
4 A person must not teach in an educational venue unless the
5 person is a registered teacher.
6 Penalty:
7 (a) for a first offence, a fine of $5 000;
8 (b) for a second or subsequent offence, a fine of $10 000.
9 7. Requirement to employ etc. teachers who are registered
10 (1) A person must not appoint, employ, engage or give permission
11 to another person to teach in an educational venue unless the
12 other person is a registered teacher.
13 (2) A person must not appoint, employ, engage or give permission
14 to a teacher to teach in an educational venue in contravention of
15 a condition to which the teacher's registration is subject.
16 Penalty:
17 (a) for a first offence, a fine of $5 000;
18 (b) for a second or subsequent offence, a fine of $10 000.
19 8. Registered teachers must comply with conditions of
20 registration
21 A registered teacher must not contravene a condition to which
22 the teacher's registration is subject.
23 Penalty:
24 (a) for a first offence, a fine of $5 000;
25 (b) for a second or subsequent offence, a fine of $10 000.
26 9. Pretending to be registered or entitled to teach
27 (1) A person who is not a registered teacher must not --
28 (a) claim to be a registered teacher; or
page 6
Teacher Registration Bill 2011
Teaching by unregistered persons and related offences Part 2
s. 9
1 (b) claim to be qualified or entitled to teach in an
2 educational venue.
3 (2) Without limiting subsection (1), a person who is not a registered
4 teacher must not --
5 (a) take or use the title of registered teacher or any other
6 title calculated to induce a belief that the person is
7 registered under this Act; or
8 (b) claim to be registered, or hold himself or herself out as
9 being registered, under this Act; or
10 (c) claim to be entitled to practise as a teacher; or
11 (d) use a title that indicates, or could reasonably be
12 understood as indicating, that he or she is a registered
13 teacher or qualified or entitled to teach in an educational
14 venue.
15 (3) A registered teacher must not --
16 (a) claim to be registered as a teacher in a category other
17 than the category that the person is registered in; or
18 (b) claim to be qualified or entitled to teach in an
19 educational venue in contravention of a condition to
20 which the teacher's registration is subject.
21 Penalty:
22 (a) for a first offence, a fine of $5 000;
23 (b) for a second or subsequent offence, a fine of $10 000.
page 7
Teacher Registration Bill 2011
Part 3 Registration of teachers
Division 1 Registration of teachers
s. 10
1 Part 3 -- Registration of teachers
2 Division 1 -- Registration of teachers
3 Subdivision 1 -- Applications
4 10. Application for registration
5 (1) An application may be made to the Board for registration as a
6 teacher in one of the following categories --
7 (a) full registration;
8 (b) provisional registration;
9 (c) limited registration;
10 (d) non-practising registration.
11 (2) An application is to --
12 (a) be in writing in the form approved by the Board; and
13 (b) specify the category of registration applied for; and
14 (c) be accompanied by evidence that --
15 (i) the applicant; or
16 (ii) if the application is for the grant of limited
17 registration, the nominee,
18 meets the requirements for the category of registration
19 applied for in accordance with Subdivision 2; and
20 (d) be accompanied by the written consent --
21 (i) of the applicant; or
22 (ii) if the application is for the grant of limited
23 registration, the nominee,
24 for the Board to obtain a criminal record check in
25 respect of him or her; and
26 (e) be accompanied by the registration fee, if any,
27 prescribed.
28 (3) The fee referred to in subsection (2)(e) is not refundable.
page 8
Teacher Registration Bill 2011
Registration of teachers Part 3
Registration of teachers Division 1
s. 11
1 11. Application for renewal of registration
2 (1) An application may be made to the Board for the renewal of
3 registration as a teacher.
4 (2) An application is to --
5 (a) be in writing in the form approved by the Board; and
6 (b) specify the category of registration that the application is
7 in respect of; and
8 (c) be accompanied by the written consent --
9 (i) of the applicant; or
10 (ii) if the application is for the renewal of limited
11 registration, the nominee,
12 for the Board to obtain a criminal record check in
13 respect of him or her; and
14 (d) be accompanied by the renewal fee, if any, prescribed.
15 (3) The fee referred to in subsection (2)(d) is not refundable.
16 12. Applicant for limited registration is employer
17 An application for the grant or renewal of limited registration
18 for a nominee is to be made by the person or entity, referred to
19 in section 17(a), who made the offer of a teaching position to
20 the nominee.
21 13. Information in support of application
22 (1) The Board may, in writing, request --
23 (a) the applicant; or
24 (b) if the application is for the grant or renewal of limited
25 registration, the nominee,
26 to do any or all of the following --
27 (c) provide the Board with such further information relevant
28 to the application as the Board requires;
29 (d) verify any further information by statutory declaration;
page 9
Teacher Registration Bill 2011
Part 3 Registration of teachers
Division 1 Registration of teachers
s. 14
1 (e) provide the Board with the applicant's or nominee's
2 written consent to seek, from another person or body
3 specified by the Board, information about the applicant
4 or nominee relevant to the application.
5 (2) The Board may, in writing, request --
6 (a) the applicant; or
7 (b) if the application is for the grant or renewal of limited
8 registration, the nominee,
9 to attend before the Board for the purpose of satisfying the
10 Board as to any matter relevant to the application.
11 (3) The Board may refuse an application if the applicant or nominee
12 does not comply with a request made under this section.
13 14. Board may refuse to consider some applications
14 The Board may refuse to consider, or consider further, an
15 application if --
16 (a) it is not made in accordance with this Act; or
17 (b) a complaint has been made, and has not been finally
18 determined at the time the application is made,
19 against --
20 (i) the applicant; or
21 (ii) if the application is for the grant or renewal of
22 limited registration, the nominee.
23 Subdivision 2 -- Requirements for registration
24 15. Full registration -- requirements
25 A person is eligible for full registration as a teacher if the
26 person --
27 (a) has a teaching qualification --
28 (i) from an accredited initial teacher education
29 programme; or
page 10
Teacher Registration Bill 2011
Registration of teachers Part 3
Registration of teachers Division 1
s. 16
1 (ii) that the Board recognises as equivalent to such a
2 qualification;
3 and
4 (b) meets the professional standards approved by the Board
5 for full registration, or has done so within the previous
6 5 years; and
7 (c) is a fit and proper person to be a registered teacher; and
8 (d) has the English language skills, both written and oral,
9 prescribed as suitable for registration as a teacher.
10 16. Provisional registration -- requirements
11 A person is eligible for provisional registration as a teacher if
12 the person --
13 (a) has a teaching qualification --
14 (i) from an accredited initial teacher education
15 programme; or
16 (ii) that the Board recognises as equivalent to such a
17 qualification;
18 and
19 (b) meets the professional standards approved by the Board
20 for provisional registration, or has done so within the
21 previous 5 years; and
22 (c) is a fit and proper person to be a registered teacher; and
23 (d) has the English language skills, both written and oral,
24 prescribed as suitable for registration as a teacher.
25 17. Limited registration -- requirements
26 A person (the nominee) is eligible for limited registration as a
27 teacher if the nominee --
28 (a) has been offered a teaching position in an educational
29 venue by a person or entity; and
30 (b) is a fit and proper person to be a registered teacher; and
page 11
Teacher Registration Bill 2011
Part 3 Registration of teachers
Division 1 Registration of teachers
s. 18
1 (c) has the English language skills, both written and oral,
2 prescribed as suitable for limited registration as a
3 teacher; and
4 (d) meets any other requirements for limited registration as
5 are prescribed.
6 18. Non-practising registration -- requirements
7 A person is eligible for non-practising registration as a teacher
8 if --
9 (a) the person --
10 (i) does not intend to teach in an educational venue
11 for a period of time; and
12 (ii) holds full registration or provisional registration;
13 or
14 (b) the person intends to teach in an educational venue and
15 meets the requirements for --
16 (i) full registration as set out in section 15, other
17 than the requirement regarding professional
18 standards set out in paragraph (b) of that section;
19 or
20 (ii) provisional registration as set out in section 16,
21 other than the requirement regarding professional
22 standards set out in paragraph (b) of that section.
23 19. Only natural persons may be registered as teachers
24 Registration as a teacher under this Act may be granted only to
25 a natural person.
26 20. Professional standards
27 (1) Professional standards are to be developed by the Board and
28 approved by the Minister.
page 12
Teacher Registration Bill 2011
Registration of teachers Part 3
Registration of teachers Division 1
s. 21
1 (2) The purpose of the professional standards is to detail the
2 abilities, experience, knowledge or skills expected of registered
3 teachers.
4 (3) The professional standards may adopt the text of any code,
5 rules, specifications, standard or other document issued,
6 published or approved by another person or body.
7 (4) The text referred to in subsection (3) may be adopted --
8 (a) wholly or in part or as modified by the professional
9 standards; and
10 (b) as it exists at a particular date or as amended from time
11 to time.
12 (5) The Board is to make the professional standards available for
13 inspection on a website maintained by the Board.
14 Subdivision 3 -- Registration
15 21. Grant of registration
16 (1) The Board may, on application under this Part, grant to --
17 (a) the applicant; or
18 (b) if the application is for the grant or renewal of limited
19 registration, the nominee,
20 registration in a particular category if the Board is satisfied that
21 the applicant or nominee meets the requirements for registration
22 in that category.
23 (2) The Board cannot grant registration to a person whose
24 registration has been cancelled or suspended by --
25 (a) an interim disciplinary order; or
26 (b) an order by the State Administrative Tribunal under
27 Part 5,
28 unless the Board has applied for, and obtained, the approval of
29 the State Administrative Tribunal to do so.
page 13
Teacher Registration Bill 2011
Part 3 Registration of teachers
Division 1 Registration of teachers
s. 22
1 (3) Subsection (2) does not apply if the order specified that the
2 person was disqualified from applying for registration as a
3 teacher for a period of time and that period of time has expired.
4 22. Renewal of registration
5 (1) An application for the renewal of registration is to be made to
6 the Board at least 28 days before the expiry of the registration.
7 (2) The Board may renew the registration of a teacher if, on
8 application to the Board, the Board is satisfied of the
9 following --
10 (a) that the teacher continues to meet the requirements for
11 registration set out in section 15, 16 or 17 as is relevant;
12 (b) that the teacher is complying with the conditions, if any,
13 imposed on the person's registration;
14 (c) that the teacher has met such other requirements for the
15 renewal of registration, if any, as are prescribed in
16 respect of the relevant category of registration.
17 (3) The Board may renew provisional registration only if, in the
18 opinion of the Board, there are exceptional circumstances for
19 doing so.
20 23. Duration of registration
21 (1) The period of full registration is 5 years from the day that
22 registration is granted or renewed.
23 (2) The period of provisional registration or limited registration is
24 3 years, or such shorter period as is approved by the Board,
25 from the day that registration is granted or renewed.
26 (3) However, if a person who intends to make an application for a
27 grant of limited registration --
28 (a) gives notice to the Board in the form prescribed of that
29 intention; and
30 (b) makes an application for limited registration within
31 5 days after giving that notice to the Board,
page 14
Teacher Registration Bill 2011
Registration of teachers Part 3
Registration of teachers Division 1
s. 24
1 then the limited registration is to be taken to have been granted
2 on the day on which that notice was given to the Board.
3 (4) Registration expires --
4 (a) at the end of the period of the registration; or
5 (b) if an application for the grant of limited registration is
6 refused, and subsection (3) applies, on the day on which
7 notice of that decision is given to the applicant and the
8 nominee under section 29.
9 (5) However, if an application for renewal of registration is made in
10 accordance with section 22(1), the registration is taken to
11 continue until the application is decided.
12 24. Who is a fit and proper person
13 In determining whether a person is a fit and proper person to be
14 registered, the Board is to have regard to the following --
15 (a) the person's history of compliance with --
16 (i) this Act; or
17 (ii) a law of another State or a Territory or
18 New Zealand that deals with the registration of
19 teachers (however described);
20 (b) any decision under this Act or a law referred to in
21 paragraph (a)(ii) to refuse, refuse to renew, suspend or
22 cancel a licence, approval, registration, certification or
23 other authorisation (however described) granted to the
24 person under such an Act or law;
25 (c) the criminal history of the person;
26 (d) any behaviour of the person that --
27 (i) does not satisfy a standard of behaviour
28 generally expected of a teacher; or
29 (ii) shows that the person is not of good character;
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Teacher Registration Bill 2011
Part 3 Registration of teachers
Division 1 Registration of teachers
s. 25
1 (e) whether the person has contravened --
2 (i) an order of the Board, a disciplinary committee
3 or the State Administrative Tribunal under
4 Part 5; or
5 (ii) an order of a disciplinary body or of a court or
6 tribunal of another jurisdiction exercising
7 jurisdiction or powers by way of appeal or
8 review of an order of a disciplinary body that
9 deals with the registration of teachers (however
10 described);
11 (f) without limiting any other paragraph, whether the
12 person has failed to pay any costs, expenses or fines for
13 which the person is liable under this Act;
14 (g) any other matters relating to the person that the Board
15 considers are appropriate.
16 Subdivision 4 -- Conditions and cancellation
17 25. Conditions generally
18 (1) Registration of a teacher is subject to any condition --
19 (a) imposed by the Board under section 26; or
20 (b) to which the registration is subject under this Act; or
21 (c) imposed by order made under Part 5.
22 (2) The regulations may provide for conditions of registration.
23 26. Conditions imposed by the Board
24 (1) The Board may impose conditions on the registration of a
25 teacher --
26 (a) when granting or renewing the registration; or
27 (b) during the currency of the registration.
28 (2) The Board may at any time, on the application of a registered
29 teacher or on its own initiative, on reasonable grounds, modify
30 or cancel a condition on a teacher's registration.
page 16
Teacher Registration Bill 2011
Registration of teachers Part 3
Registration of teachers Division 1
s. 27
1 (3) Conditions imposed or modified by the Board under this section
2 must be reasonable and relevant to ensuring the professional,
3 competent and safe practice of teaching by the registered
4 teacher.
5 (4) The Board must not exercise its power under this section to
6 modify or cancel a condition imposed or modified by the State
7 Administrative Tribunal without the consent of the Tribunal.
8 (5) A condition imposed by the Board may apply indefinitely or for
9 a specified period of time.
10 (6) A decision to impose, modify or cancel a condition on a
11 teacher's registration made during the currency of the
12 registration takes effect --
13 (a) on the day on which notice of the decision is given to
14 the teacher under section 29; or
15 (b) on a later day specified in the notice.
16 27. Cancellation of registration by Board
17 (1) The Board is to cancel the registration of a teacher as soon as
18 possible after the Board becomes aware that the teacher is not
19 entitled to be registered.
20 (2) A teacher is not entitled to be registered if --
21 (a) the teacher has been convicted or found guilty of a
22 sexual offence involving a child; or
23 (b) a negative notice or an interim negative notice has been
24 issued to the teacher under the Working with Children
25 (Criminal Record Checking) Act 2004; or
26 (c) the teacher has failed to give to the Board the teacher's
27 written consent for the Board to obtain a criminal record
28 check in accordance with a notice under section 43; or
29 (d) a qualification that enabled the teacher to gain
30 registration has been withdrawn or cancelled by the
31 body that conferred the qualification; or
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Teacher Registration Bill 2011
Part 3 Registration of teachers
Division 1 Registration of teachers
s. 28
1 (e) a qualification that enabled the teacher to gain
2 registration was forged or fraudulently obtained; or
3 (f) the teacher is in arrears in respect of fees due and
4 payable under this Act.
5 (3) However, the registration of a teacher must not be cancelled
6 under this section, or if the registration has been cancelled must
7 be reinstated by the Board, if --
8 (a) where subsection (2)(a) applies, the Board becomes
9 aware that a relevant conviction or finding in respect of
10 that teacher has been quashed or overturned on appeal;
11 or
12 (b) where subsection (2)(b) applies, the Board becomes
13 aware that an interim negative notice or a negative
14 notice has been cancelled under the Working with
15 Children (Criminal Record Checking) Act 2004 in
16 respect of that teacher; or
17 (c) where subsection (2)(c) or (f) applies, the Board is of the
18 opinion that there are extenuating circumstances.
19 (4) Subsection (2) continues to apply in respect of a person
20 during --
21 (a) an appeal from a conviction or finding relevant to
22 subsection (2)(a); or
23 (b) a review of a decision to issue, or to refuse to cancel, a
24 negative notice referred to in subsection (2)(b).
25 (5) The cancellation or reinstatement of a teacher's registration
26 under this section takes effect --
27 (a) on the day on which notice of the cancellation or
28 reinstatement is given to the teacher; or
29 (b) on a later day specified in the notice.
30 28. Cancellation of registration at teacher's request
31 The Board is to cancel the registration of a teacher at the written
32 request of the teacher.
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Teacher Registration Bill 2011
Registration of teachers Part 3
Registration of teachers Division 1
s. 29
1 Subdivision 5 -- Notice of decisions and opportunity to show cause
2 why some decisions should not be made
3 29. Notice of decisions on registration to be given
4 (1) The Board is to give written notice of the outcome of an
5 application no later than 14 days after deciding on the outcome
6 of the application to --
7 (a) the applicant; and
8 (b) if the application was in respect of limited registration,
9 the nominee.
10 (2) If an application for registration, or the renewal of registration,
11 is granted the notice is to contain the following --
12 (a) the category of registration;
13 (b) the period of the registration;
14 (c) the person's registration number;
15 (d) any conditions imposed on the registration;
16 (e) if a condition has been imposed --
17 (i) the reasons for the imposition of the condition;
18 and
19 (ii) a statement that the applicant may have a right to
20 a review under section 124.
21 (3) If an application for registration, or renewal of registration, is
22 refused the notice is to contain --
23 (a) the reasons why it has been refused; and
24 (b) a statement that the applicant may have a right to a
25 review under section 124.
26 30. Notice of decision to impose, modify or cancel a condition
27 made during the currency of the registration
28 (1) The Board is to give written notice of a decision under
29 section 26 to impose, modify or cancel a condition on a
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Teacher Registration Bill 2011
Part 3 Registration of teachers
Division 1 Registration of teachers
s. 31
1 teacher's registration during the currency of the registration no
2 later than 14 days after making the decision to --
3 (a) the teacher; and
4 (b) if the teacher holds limited registration, the employer of
5 the teacher.
6 (2) The notice is to contain --
7 (a) the reasons for the decision; and
8 (b) a statement that the teacher and the employer may have
9 a right to a review under section 124.
10 31. Notice of cancellation or reinstatement of registration to be
11 given
12 (1) The Board is to give written notice of the cancellation or
13 reinstatement of the person's registration under section 27 no
14 later than 14 days after making the decision to cancel or
15 reinstate the registration to --
16 (a) the person whose registration is cancelled or reinstated;
17 and
18 (b) if the person holds, or held, limited registration, the
19 employer of that person.
20 (2) The notice is to contain --
21 (a) a reference to the provision of this Act under which the
22 registration was cancelled or reinstated; and
23 (b) the reasons for the cancellation or reinstatement of the
24 registration; and
25 (c) if the notice is about the cancellation of registration, a
26 statement that the person whose registration is cancelled
27 may have a right to a review under section 124.
page 20
Teacher Registration Bill 2011
Registration of teachers Part 3
Registration of teachers Division 1
s. 32
1 32. Board to give reasonable opportunity to show cause why
2 some decisions should not be made
3 (1) Before making any of the following decisions the Board is to
4 give the applicant a reasonable opportunity to show cause why
5 the decision should not be made --
6 (a) the refusal of an application;
7 (b) the granting of an application subject to a condition.
8 (2) Before making a decision under section 26 to impose, modify or
9 cancel a condition on a teacher's registration during the
10 currency of the registration, the Board is to give a reasonable
11 opportunity to show cause why the decision should not be made
12 to --
13 (a) the teacher whose registration will be affected; and
14 (b) if the teacher holds limited registration, to the employer
15 of the teacher.
16 Subdivision 6 -- General provisions
17 33. Effect of cancellation of registration
18 If a person's registration is cancelled under this Act the person's
19 name is to be removed from the register.
20 34. Effect of suspension of registration
21 A teacher whose registration is suspended is to be taken not to
22 be registered as a teacher for the period of the suspension, other
23 than for the purposes of Part 4.
24 35. Annual fees
25 Each registered teacher is to pay to the Board the annual fee, if
26 any, prescribed.
page 21
Teacher Registration Bill 2011
Part 3 Registration of teachers
Division 2 The register
s. 36
1 Division 2 -- The register
2 36. Register of teachers to be kept
3 (1) The Board is required to keep an accurate and up to date register
4 that records the following information in respect of each
5 registered teacher --
6 (a) the person's name;
7 (b) the category of registration that the person holds;
8 (c) the person's registration number;
9 (d) the date of commencement of the person's registration;
10 (e) any other information prescribed.
11 (2) The register may be kept in any way the Board thinks
12 appropriate, including by electronic means.
13 37. Inspection of register
14 (1) In this section --
15 register information (professional) means all of the information
16 on the register;
17 register information (public) means the information on the
18 register other than the information prescribed under
19 section 36(1)(e).
20 (2) Information on the register is to be made available for
21 inspection in accordance with this section in any way the Board
22 thinks appropriate, including on a website maintained by the
23 Board.
24 (3) Register information (professional) is to be made available for
25 inspection, in accordance with subsection (2), by any of the
26 following persons, as the Board thinks appropriate --
27 (a) registered teachers, employers of registered teachers and
28 principals;
29 (b) such other persons, if any, as are prescribed.
page 22
Teacher Registration Bill 2011
Registration of teachers Part 3
The register Division 2
s. 37
1 (4) Register information (public) is to be made available for
2 inspection, in accordance with subsection (2), by members of
3 the public during normal office hours.
4 (5) A person to whom register information may be made available
5 for inspection under this section may, on application to the
6 Board and payment of the fee prescribed, if any, obtain a
7 certified copy of all or some of that information.
page 23
Teacher Registration Bill 2011
Part 4 Board to be given notice, and may obtain criminal record
checks, in some circumstances
Division 1 Notices to be given
s. 38
1 Part 4 -- Board to be given notice, and may obtain
2 criminal record checks, in some circumstances
3 Division 1 -- Notices to be given
4 Subdivision 1 -- Notices to be given by registered teachers
5 38. Notice about legal actions
6 (1) A registered teacher must give written notice to the Board if --
7 (a) the teacher, or a person who is or was an employer of
8 the teacher, is ordered to pay damages or compensation
9 as a result of civil proceedings arising out of the practice
10 of teaching by the teacher, or arising from events which
11 occurred while the teacher was engaged in teaching; or
12 (b) the teacher is convicted of an offence the statutory
13 penalty for which is, or includes, imprisonment.
14 (2) The notice is to be given no later than 30 days after the order is
15 made or judgment of conviction entered and is to set out the
16 details of the order or conviction.
17 Penalty: a fine of $5 000.
18 39. Notice about loss of qualifications
19 (1) A registered teacher must give written notice to the Board if a
20 qualification that enabled the teacher to gain registration is
21 withdrawn or cancelled by the body that conferred the
22 qualification.
23 (2) The notice is to be given no later than 30 days after the
24 withdrawal or cancellation.
25 Penalty: a fine of $5 000.
26 40. Notice about working with children notices and assessments
27 (1) A registered teacher must give written notice to the Board if an
28 interim negative notice or a negative notice is issued to the
page 24
Teacher Registration Bill 2011
Board to be given notice, and may obtain criminal record Part 4
checks, in some circumstances
Notices to be given Division 1
s. 41
1 person, under the Working with Children (Criminal Record
2 Checking) Act 2004.
3 (2) The notice is to be given no later than 14 days after the interim
4 negative notice or the negative notice is issued.
5 Penalty: a fine of $5 000.
6 Subdivision 2 -- Notices to be given by other persons
7 41. Notice to be given by DPP or Commissioner of Police about
8 committal, conviction etc. of registered teacher
9 (1) The Director of Public Prosecutions, or where the matter is
10 conducted by a police prosecutor, the Commissioner of Police,
11 is, where practicable, to give written notice to the Board if he or
12 she becomes aware that any of the following situations exist or
13 believes, on reasonable grounds, that any of the following
14 situations exist --
15 (a) a registered teacher is charged with, or committed for
16 trial or sentence before any court for, a sexual offence
17 involving a child;
18 (b) a registered teacher is convicted or found guilty of an
19 indictable offence in this State;
20 (c) in the case of a charge referred to in paragraph (a), the
21 prosecution of the charge is discontinued or does not
22 result in a committal for trial or sentence, or there is an
23 acquittal or mistrial;
24 (d) in the case of a committal referred to in paragraph (a),
25 there is an acquittal or mistrial or the prosecution of the
26 charge is discontinued.
27 (2) The notice is to be given as soon as is practicable after the
28 person under a duty to give the notice becomes aware, or forms
29 the belief, that the relevant situation exists.
page 25
Teacher Registration Bill 2011
Part 4 Board to be given notice, and may obtain criminal record
checks, in some circumstances
Division 2 Criminal record checks
s. 42
1 42. Notice to be given by employer about suspension, dismissal
2 or resignation of registered teacher
3 (1) An employer of a registered teacher at an educational venue is
4 to give written notice to the Board of any investigation --
5 (a) into the conduct of a registered teacher who teaches, or
6 taught, at the educational venue; and
7 (b) that was held because, in the opinion of the employer,
8 there was reason to believe that the teacher --
9 (i) has been seriously incompetent as a teacher; or
10 (ii) had engaged in serious misconduct,
11 if, as a result of that investigation --
12 (c) the teacher has been suspended or dismissed from
13 teaching at the educational venue; or
14 (d) the teacher has resigned or no longer teaches at the
15 educational venue.
16 (2) The notice is to be given within 30 days after the teacher was
17 suspended, dismissed or ceased teaching at the educational
18 venue.
19 Penalty: a fine of $5 000.
20 Division 2 -- Criminal record checks
21 43. Board may request consent to obtain a criminal record
22 check
23 (1) The Board may give written notice to a registered teacher
24 requesting that the teacher provide written consent for the Board
25 to obtain a criminal record check in respect of the teacher.
26 (2) Notice to a teacher under subsection (1) is to state that the
27 consent is to be given to the Board within 14 days of the notice
28 being given, or such later time as is specified in the notice.
page 26
Teacher Registration Bill 2011
Board to be given notice, and may obtain criminal record Part 4
checks, in some circumstances
Board to consider notices and criminal record checks received Division 3
s. 44
1 44. Criminal record check
2 The Board may obtain a criminal record check for a person who
3 has given written consent for the Board to do so.
4 Division 3 -- Board to consider notices and criminal record
5 checks received
6 45. Action to be taken by Board on receiving a notification or
7 criminal record check
8 As soon as is possible after receiving --
9 (a) a notification about a person under Division 1; or
10 (b) a criminal record check in respect of a person,
11 the Board is to consider the information in that notice or
12 criminal record check, and any other information it considers
13 relevant, and decide if it is necessary to do any of the
14 following --
15 (c) cancel the person's registration under section 27;
16 (d) make an interim disciplinary order;
17 (e) formulate a complaint;
18 (f) if the person is teaching in an educational venue, advise
19 the person's employer of the information contained in
20 the notice or criminal record check.
page 27
Teacher Registration Bill 2011
Part 5 Disciplinary and impairment matters
Division 1 Preliminary
s. 46
1 Part 5 -- Disciplinary and impairment matters
2 Division 1 -- Preliminary
3 46. Terms used
4 In this Part --
5 child means a person who has not attained the age of 18 years;
6 child sex offender has the meaning given in The Criminal Code
7 section 557K;
8 disciplinary matter means a matter referred to in section 47;
9 impairment means --
10 (a) mental disability; or
11 (b) injury; or
12 (c) physical illness;
13 impairment matter means a matter referred to in section 48;
14 sexual offence means any of the following offences --
15 (a) an offence under The Criminal Code Part V
16 Chapter XXXI;
17 (b) any other offence prescribed for the purposes of this
18 definition;
19 (c) an offence of attempting to commit an offence referred
20 to in paragraph (a) or (b);
21 (d) an offence against a law of a jurisdiction other than
22 Western Australia that is substantially similar to an
23 offence referred to in paragraph (a), (b) or (c);
24 sexual offence involving a child, means --
25 (a) an offence that, on conviction, would result in the
26 person charged being a child sex offender; or
27 (b) a sexual offence committed against or in respect of a
28 child; or
29 (c) a sexual offence committed when a child was present, or
30 within sight of a child; or
page 28
Teacher Registration Bill 2011
Disciplinary and impairment matters Part 5
Preliminary Division 1
s. 47
1 (d) an offence the commission of which used or involved
2 material the production of which involved a sexual
3 offence against or in respect of a child;
4 teacher means a person the subject of a complaint.
5 47. Disciplinary matters
6 The following are disciplinary matters --
7 (a) that a teacher has been charged with a sexual offence
8 involving a child;
9 (b) that a teacher has contravened this Act;
10 (c) that a teacher has contravened a condition imposed on
11 his or her registration;
12 (d) that a teacher has contravened an order made under this
13 Part;
14 (e) that a teacher has been convicted of an offence the
15 nature of which renders him or her unfit to be registered;
16 (f) that a teacher has --
17 (i) been seriously incompetent as a teacher; or
18 (ii) engaged in serious misconduct the nature of
19 which renders the person unfit to be registered;
20 or
21 (iii) failed to comply with an undertaking given to the
22 Board under this Act.
23 48. Impairment matters
24 The following are impairment matters --
25 (a) that a registered teacher is affected by his or her use of
26 or dependence on alcohol or a drug to such an extent
27 that his or her ability to practise as a teacher is or is
28 likely to be affected;
29 (b) that a registered teacher suffers from an impairment to
30 such an extent that the ability of the person to practise as
31 a teacher is or is likely to be affected.
page 29
Teacher Registration Bill 2011
Part 5 Disciplinary and impairment matters
Division 2 Disciplinary committee and impairment review committee
s. 49
1 Division 2 -- Disciplinary committee and impairment review
2 committee
3 49. Disciplinary committee
4 (1) The Board is to establish one or more committees to be known
5 as disciplinary committees.
6 (2) The Board may discharge or alter any disciplinary committee it
7 has established.
8 (3) A disciplinary committee is to consist of the following
9 3 persons appointed in writing by the Board, from time to
10 time --
11 (a) a registered teacher;
12 (b) a lawyer;
13 (c) such other person as the Board considers appropriate.
14 (4) Each member of a disciplinary committee is to be a natural
15 person.
16 (5) A disciplinary committee may include people who are not
17 members of the Board but must include at least one member of
18 the Board.
19 (6) The Board is to appoint a member of a disciplinary committee
20 to be the committee's chairperson.
21 (7) A disciplinary committee is to submit an annual report to the
22 Board as soon as is practicable after 30 June in each year in
23 respect of the functions performed by the committee during the
24 year that ended on that day.
25 (8) A notice or order authorised by this Act to be given or made by
26 a disciplinary committee is taken to have been given or made by
27 the committee if it is signed on behalf of the committee --
28 (a) by the chairperson of the committee; or
29 (b) by some other person authorised by the committee to
30 sign the notice or order.
page 30
Teacher Registration Bill 2011
Disciplinary and impairment matters Part 5
Disciplinary committee and impairment review committee Division 2
s. 50
1 (9) A disciplinary committee may determine its own procedures,
2 but they must be consistent with the terms of any delegation
3 under which the committee is acting.
4 50. Impairment review committee
5 (1) The Board is to establish a committee to be known as the
6 impairment review committee.
7 (2) The Board may discharge or alter any impairment review
8 committee it has established.
9 (3) The impairment review committee is to consist of the following
10 3 persons appointed in writing by the Board, from time to
11 time --
12 (a) a registered teacher;
13 (b) a medical practitioner;
14 (c) such other person as the Board considers appropriate.
15 (4) Each member of the impairment review committee is to be a
16 natural person.
17 (5) The impairment review committee may include people who are
18 not members of the Board but must include at least one member
19 of the Board.
20 (6) The Board is to appoint a member of the impairment review
21 committee to be the committee's chairperson.
22 (7) The impairment review committee is to submit an annual report
23 to the Board as soon as is practicable after 30 June in each year
24 in respect of the functions performed by the committee during
25 the year that ended on that day.
26 (8) A notice, order or appointment authorised by this Act to be
27 given or made by the impairment review committee is taken to
28 have been given or made by the committee if it is signed on
29 behalf of the committee --
30 (a) by the chairperson of the committee; or
page 31
Teacher Registration Bill 2011
Part 5 Disciplinary and impairment matters
Division 3 Complaints about teachers
s. 51
1 (b) by some other person authorised by the committee to
2 sign the notice, order or appointment.
3 (9) The impairment review committee may determine its own
4 procedures but they must be consistent with the terms of any
5 delegation under which the committee is acting.
6 Division 3 -- Complaints about teachers
7 51. Making a complaint
8 (1) A complaint may be made to the Board about the conduct of --
9 (a) a registered teacher; or
10 (b) a person who was a registered teacher at the time that
11 the matter the subject of the complaint occurred or
12 allegedly occurred.
13 (2) A complaint should be made in writing, but the Board may
14 formulate in writing any oral complaint received.
15 (3) A complaint may be made by the Board formulating a
16 complaint based on --
17 (a) a notification about a person under Part 4 Division 1; or
18 (b) a criminal record check in respect of a person; or
19 (c) any other information received by the Board.
20 52. Teacher to be notified of complaint
21 (1) The Board is to give written notice to the teacher that a
22 complaint has been made about the teacher as soon as is
23 possible after the complaint is made.
24 (2) The notice is to set out the following --
25 (a) the nature of the complaint;
26 (b) the identity of the complainant;
27 (c) a brief summary of the effect of this Part.
page 32
Teacher Registration Bill 2011
Disciplinary and impairment matters Part 5
Assessment, investigation and referral of complaints Division 4
s. 53
1 (3) Subsection (1) does not apply if the Board is of the opinion that
2 giving the notice will or is likely to --
3 (a) prejudice the investigation of the complaint; or
4 (b) prejudice an investigation by the police or other
5 investigatory or law enforcement body of any matter
6 with which the complaint is concerned; or
7 (c) place the complainant or another person at risk of
8 intimidation or harassment; or
9 (d) prejudice pending court proceedings.
10 (4) In a case to which subsection (3) applies, the Board --
11 (a) may postpone giving the teacher notice of the complaint
12 until it is of the opinion that it is appropriate to do so; or
13 (b) may in its discretion give the teacher a notice setting
14 out --
15 (i) the general nature of the complaint; and
16 (ii) a brief summary of the effect of this Part.
17 (5) Nothing in this section requires the Board to give notice under
18 this section to the teacher until the Board has had time to assess
19 the complaint, seek further information about the complaint
20 from the complainant or another person or otherwise undertake
21 preliminary inquiries into the complaint, and properly prepare
22 the notice.
23 Division 4 -- Assessment, investigation and referral of
24 complaints
25 53. Assessment, investigation and referral by Board
26 (1) The Board is to deal with a complaint in one of the following
27 ways --
28 (a) reject the complaint under section 57;
29 (b) make an interim disciplinary order;
page 33
Teacher Registration Bill 2011
Part 5 Disciplinary and impairment matters
Division 4 Assessment, investigation and referral of complaints
s. 54
1 (c) refer the complaint, together with a report under
2 section 54, to a disciplinary committee to deal with
3 under Division 6;
4 (d) if the complaint is in respect of a registered teacher,
5 refer the complaint, together with a report under
6 section 54, to the impairment review committee to deal
7 with under Division 7;
8 (e) refer the complaint to the State Administrative Tribunal.
9 (2) Before dealing with a complaint under subsection (1) the Board
10 may make such assessments and investigations as it considers
11 appropriate.
12 (3) Notice of a decision under this section is to be given in
13 accordance with section 85.
14 54. Board to provide report to committee
15 When referring a complaint to a committee under
16 section 53(1)(c) or (d), the Board is to provide a report outlining
17 its assessment and investigation of the complaint.
18 55. Committee may request Board to undertake further
19 investigations or recommend that the complaint be referred
20 elsewhere
21 A committee to which the Board has referred a complaint under
22 section 53(1)(c) or (d) may, at any time while dealing with the
23 complaint, do any of the following --
24 (a) request the Board to undertake further investigation of
25 the complaint;
26 (b) recommend to the Board that the complaint be referred
27 to another committee established under this Part;
28 (c) recommend to the Board that the complaint be referred
29 to the State Administrative Tribunal.
page 34
Teacher Registration Bill 2011
Disciplinary and impairment matters Part 5
Assessment, investigation and referral of complaints Division 4
s. 56
1 56. Board's powers of investigation
2 (1) For the purposes of conducting an investigation the Board
3 may --
4 (a) by written notice given to a person require the
5 attendance of the person as a witness at a time and place
6 specified in the notice to give evidence; or
7 (b) by written notice given to a person require the person to
8 produce any document or other thing that is in the
9 possession or under the control of the person and is
10 relevant to the matter before the Board; or
11 (c) inspect a document or other thing produced before it.
12 (2) The Board may --
13 (a) inspect a document or other thing produced and retain it
14 for such reasonable period as it thinks fit; and
15 (b) make copies of, photograph and take extracts from, the
16 document or any of its contents.
17 57. Inappropriate and trivial complaints
18 (1) The Board may reject a complaint if the Board is of the opinion
19 that the complaint --
20 (a) is in respect of a matter that could more appropriately be
21 dealt with by another person or authority; or
22 (b) is in respect of a matter that is not within the power of
23 the Board, a disciplinary committee or the impairment
24 review committee to deal with under this Act; or
25 (c) is vexatious, trivial, unreasonable or without substance.
26 (2) Notice of a decision under this section is to be given in
27 accordance with section 85.
page 35
Teacher Registration Bill 2011
Part 5 Disciplinary and impairment matters
Division 5 Interim disciplinary orders
s. 58
1 Division 5 -- Interim disciplinary orders
2 58. Interim disciplinary orders generally
3 (1) The Board or a disciplinary committee may make an interim
4 disciplinary order in respect of a matter under this Division even
5 if a disciplinary committee or the impairment review committee
6 is already dealing with a complaint --
7 (a) that deals with the same matter; or
8 (b) that includes elements of the same matter.
9 (2) Unless section 83(2) applies, an interim disciplinary order
10 cannot have effect for more than 30 days.
11 (3) The Board or a disciplinary committee may vary or revoke an
12 interim disciplinary order unless the matter in respect of which
13 the order was made has been referred to the State
14 Administrative Tribunal.
15 (4) Notice of an interim disciplinary order is to be given in
16 accordance with section 85.
17 (5) An interim disciplinary order takes effect --
18 (a) on the day --
19 (i) on which notice of the order is given to the
20 person who is bound by the order; or
21 (ii) on a later day specified in the order;
22 and
23 (b) whether or not the person to whom it is given has had an
24 opportunity to make representations to the Board.
25 59. Interim disciplinary orders may be made where risk of
26 injury or harm
27 If the Board or a disciplinary committee is of the opinion that an
28 activity of a registered teacher involves, or will involve, a risk
29 of imminent injury or harm to the physical or mental health of
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Disciplinary and impairment matters Part 5
Interim disciplinary orders Division 5
s. 60
1 any person the Board or the committee may make one of the
2 following orders --
3 (a) an order imposing a condition, or conditions, on the
4 registration of the teacher;
5 (b) an order suspending the person's registration.
6 60. Interim disciplinary order may be made if teacher charged
7 with sexual offence involving a child
8 If the Board or a disciplinary committee becomes aware that a
9 registered teacher has been charged with a sexual offence
10 involving a child the Board or the committee may make one of
11 the following orders --
12 (a) an order imposing a condition, or conditions, on the
13 registration of the teacher;
14 (b) an order suspending the person's registration.
15 61. Interim disciplinary orders to be referred to the State
16 Administrative Tribunal
17 (1) Within 14 days of the making of an interim disciplinary order
18 the Board is to --
19 (a) refer the matter in respect of which the order was made
20 to the State Administrative Tribunal; and
21 (b) order that any other proceedings under this Part in
22 respect of the matter commenced before the making of
23 the order be discontinued.
24 (2) Subsection (1) does not apply if the order is revoked under
25 section 58(3).
26 (3) On a referral made under subsection (1) the State
27 Administrative Tribunal may, in addition to any other order it
28 may make, affirm or revoke an interim disciplinary order or
29 vary the order by extending the period for which it applies or in
30 any other respect.
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Part 5 Disciplinary and impairment matters
Division 6 Role of disciplinary committee
s. 62
1 Division 6 -- Role of disciplinary committee
2 Subdivision 1 -- Initial assessment of complaints
3 62. Initial assessment and decision of disciplinary committee on
4 complaint
5 (1) A disciplinary committee is to make a preliminary assessment
6 of a complaint referred to it by the Board and is to deal with the
7 complaint in one of the following ways --
8 (a) dismiss the complaint;
9 (b) make an interim disciplinary order;
10 (c) with the consent of the teacher, deal with the complaint
11 under Subdivision 2;
12 (d) make a request or recommendation to the Board under
13 section 55;
14 (e) if the matter the subject of the complaint is before
15 another person or body or the subject of proceedings,
16 postpone consideration of the complaint pending the
17 outcome of any investigation, hearing or proceedings;
18 (f) with the consent of another person, organisation or
19 agency that, in the opinion of the committee, could deal
20 more appropriately with the subject matter of the
21 complaint, refer the complaint to that person,
22 organisation or agency.
23 (2) Notice of a decision under this section is to be given in
24 accordance with section 85.
25 Subdivision 2 -- Inquiries
26 63. Disciplinary committee to deal with certain complaints
27 This Subdivision applies if --
28 (a) a disciplinary committee considers that a disciplinary
29 matter may exist in relation to a teacher; and
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Role of disciplinary committee Division 6
s. 64
1 (b) the teacher consents in writing to a disciplinary
2 committee conducting an inquiry under this Subdivision.
3 64. Inquiry -- procedure and evidence
4 In carrying out an inquiry, a disciplinary committee --
5 (a) must proceed with as little formality and technicality
6 and as speedily as the requirements of this Act and a
7 proper hearing of the matter permit; and
8 (b) is not bound by the rules of evidence and may inform
9 itself on any matter as it thinks fit; and
10 (c) may, subject to this Act and the rules of procedural
11 fairness, determine its own procedures.
12 65. Rights of teacher as to evidence and witnesses
13 (1) In conducting an inquiry, a disciplinary committee is to give the
14 teacher an opportunity to --
15 (a) call and give evidence; and
16 (b) examine and cross-examine witnesses; and
17 (c) make submissions.
18 (2) Subsection (1) does not apply if --
19 (a) the disciplinary committee has adopted any findings,
20 decision, judgment or reasons for judgment under
21 section 66; and
22 (b) the teacher has been given the opportunities referred to
23 in subsection (1) by a court, tribunal or other body
24 referred to in that section.
25 66. Evidence and findings in other proceedings
26 For the purposes of an inquiry a disciplinary committee may, as
27 it considers proper --
28 (a) receive in evidence any transcript of evidence taken in
29 any proceedings; or
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Part 5 Disciplinary and impairment matters
Division 6 Role of disciplinary committee
s. 67
1 (b) adopt any findings, decision, judgment or reasons for
2 judgment,
3 of a court, tribunal or other body constituted under the law of
4 Western Australia or any other place and draw such conclusions
5 of fact from those as it considers proper.
6 67. Representation at inquiry
7 (1) A party to an inquiry may --
8 (a) appear before the inquiry in person; or
9 (b) with the leave of a disciplinary committee, be
10 represented by another person.
11 (2) A person who is not an Australian legal practitioner, within the
12 meaning of that term in the Legal Profession Act 2008 section 3,
13 does not breach that Act, or any other Act merely by --
14 (a) representing a party before an inquiry; or
15 (b) providing advice and other services for the purpose of
16 acting for a party in connection with an inquiry.
17 68. Powers of inquiry
18 (1) For the purposes of conducting an inquiry a disciplinary
19 committee may do one or more of the following --
20 (a) by written notice given to a registered teacher require --
21 (i) the attendance of the teacher as a witness at a
22 time and place specified in the notice to give
23 evidence;
24 (ii) the teacher to produce any document or other
25 thing that is in the possession or under the
26 control of the teacher and is relevant to the
27 matter before the disciplinary committee;
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Role of disciplinary committee Division 6
s. 69
1 (b) by written notice given to a person who is not a
2 registered teacher request --
3 (i) the attendance of the person as a witness at a
4 time and place specified in the notice to give
5 evidence;
6 (ii) the person to produce any document or other
7 thing that is in the possession or under the
8 control of the person and is relevant to the matter
9 before the disciplinary committee;
10 (c) examine witnesses on oath or affirmation;
11 (d) inspect a document or other thing produced before it.
12 (2) A disciplinary committee may --
13 (a) require a person who appears before the inquiry to take
14 an oath or make an affirmation; and
15 (b) authorise a member of the committee to administer an
16 oath or affirmation to the person.
17 (3) A disciplinary committee may --
18 (a) inspect a document or other thing produced and retain it
19 for such reasonable period as it thinks fit; and
20 (b) make copies of, photograph and take extracts from, the
21 document or any of its contents.
22 69. Record of inquiry
23 (1) A disciplinary committee is to ensure that a record is kept of an
24 inquiry conducted by the committee.
25 (2) The teacher is entitled to a copy of the record of the inquiry if
26 he or she so requests and on payment of any costs incurred by
27 the Board in making a copy of the record.
page 41
Teacher Registration Bill 2011
Part 5 Disciplinary and impairment matters
Division 6 Role of disciplinary committee
s. 70
1 70. Decision of disciplinary committee after inquiry
2 (1) After an inquiry on a complaint is completed, a disciplinary
3 committee is to deal with the complaint in one or more of the
4 following ways --
5 (a) dismiss the complaint;
6 (b) order that the teacher be cautioned or reprimanded;
7 (c) order that the teacher pay to the Board a fine of a
8 specified amount not exceeding $5 000;
9 (d) order that the registration of the teacher be suspended
10 for a period, not exceeding 2 years, as is specified in the
11 order;
12 (e) order that a condition, or conditions, be imposed on the
13 registration of the teacher, or order that an existing
14 condition, or conditions, be modified;
15 (f) if the committee has found that a teacher who holds full
16 registration has been seriously incompetent as a teacher,
17 order the cancellation of that registration and the
18 substitution of provisional registration;
19 (g) recommend to the Board that the complaint be referred
20 to the impairment review committee or the State
21 Administrative Tribunal.
22 (2) A disciplinary committee may, in dealing with a complaint
23 under subsection (1), order that the teacher pay to the Board
24 such costs and expenses of, arising from, or incidental to --
25 (a) the Board's investigation of the complaint; or
26 (b) the inquiry,
27 as the disciplinary committee thinks fit.
28 (3) If action is taken under subsection (1) in relation to a complaint,
29 no further action is to be taken by the Board or a committee
30 under this Part with respect to the complaint.
31 (4) Notice of a decision or an order made under this section is to be
32 given in accordance with section 85.
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Disciplinary and impairment matters Part 5
Role of disciplinary committee Division 6
s. 71
1 (5) An order made under this section takes effect --
2 (a) on the day on which notice of the order is given to the
3 teacher; or
4 (b) on a later day specified in the order.
5 Subdivision 3 -- Offences relating to inquiries
6 71. Failure to comply with notice under section 68
7 (1) A registered teacher must not, without lawful excuse, refuse or
8 fail --
9 (a) to attend; or
10 (b) to produce a document or other thing,
11 as required by a notice under section 68(1)(a).
12 (2) A registered teacher must not, without lawful excuse, refuse or
13 fail to be sworn or make an affirmation as required under
14 section 68(2).
15 Penalty: a fine of $5 000.
16 72. Disruption of inquiry
17 During an inquiry a person must not do any of the following --
18 (a) attempt to improperly influence the inquiry;
19 (b) wilfully insult the Board or a disciplinary committee or
20 a member of the Board or a disciplinary committee;
21 (c) wilfully interrupt or obstruct the proceedings of the
22 inquiry;
23 (d) otherwise wilfully disrupt the inquiry.
24 Penalty: a fine of $5 000.
page 43
Teacher Registration Bill 2011
Part 5 Disciplinary and impairment matters
Division 7 Role of impairment review committee
s. 73
1 Division 7 -- Role of impairment review committee
2 Subdivision 1 -- Complaints relating to impairment matters
3 73. Impairment review committee to deal with certain
4 complaints
5 The impairment review committee is to deal under this
6 Subdivision with a complaint referred to it by the Board.
7 74. Registered teacher to be notified about impairment matter
8 (1) The impairment review committee may give written notice to a
9 registered teacher of its intention to deal with an impairment
10 matter in respect of that teacher.
11 (2) The notice must --
12 (a) advise the teacher of the nature of the impairment
13 matter; and
14 (b) contain a brief summary of the effect of this
15 Subdivision; and
16 (c) seek the teacher's consent to the matter being dealt with
17 under this Subdivision; and
18 (d) if the impairment review committee considers that an
19 examination of the teacher is necessary, seek the
20 teacher's consent to undergo an examination relating to
21 the impairment matter within a period specified in the
22 notice.
23 75. Impairment matter -- procedure and evidence
24 In dealing with an impairment matter the impairment review
25 committee --
26 (a) must proceed with as little formality and technicality
27 and as speedily as the requirements of this Act and a
28 proper hearing of the matter permit; and
29 (b) is not bound by the rules of evidence and may inform
30 itself on any matter as it thinks fit; and
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Disciplinary and impairment matters Part 5
Role of impairment review committee Division 7
s. 76
1 (c) may, subject to this Act and the rules of procedural
2 fairness, determine its own procedures.
3 76. Examination
4 (1) If the teacher agrees to undergo an examination within the
5 period specified in the notice under section 74(2)(d), the teacher
6 is to be examined by a medical practitioner agreed upon by the
7 impairment review committee and the teacher.
8 (2) If the impairment review committee and the teacher are unable
9 to agree upon the person to conduct the examination, the
10 committee is to appoint a medical practitioner to perform the
11 examination.
12 (3) The Board is to pay for an examination conducted under this
13 section and a report provided under section 77.
14 (4) If the teacher does not agree to undergo an examination within
15 the period specified in the notice under section 74(2)(d), or does
16 not abide by an agreement to undergo such an examination, the
17 impairment review committee is to recommend to the Board
18 that the complaint be referred to the State Administrative
19 Tribunal.
20 77. Report of examination to impairment review committee
21 (1) A medical practitioner who conducts an examination under
22 section 76 is to give a report of the examination to the
23 impairment review committee and, not more than 7 days later,
24 the committee is to give a copy of the report to the teacher.
25 (2) Despite subsection (1), if it appears to the impairment review
26 committee that the disclosure to the teacher of information in
27 the report might be prejudicial to the physical or mental health
28 or wellbeing of the teacher, the committee may decide not to
29 give that report to the teacher but to give it instead to a medical
30 practitioner, or another teacher, nominated by the teacher.
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Part 5 Disciplinary and impairment matters
Division 7 Role of impairment review committee
s. 78
1 (3) If the teacher does not nominate a medical practitioner or
2 another teacher to the impairment review committee within
3 14 days of being requested to do so by the committee, the
4 committee may give the report to a medical practitioner or
5 teacher selected by the committee.
6 (4) The teacher may make written representations to the impairment
7 review committee with respect to the report within 30 days after
8 the report is given to him or her or the medical practitioner or
9 teacher nominated by him or her or selected by the committee.
10 78. Decision of impairment review committee after
11 consideration of matter
12 (1) On completion of its consideration of an impairment matter and
13 after taking into account --
14 (a) the report of the Board referred to in section 54; and
15 (b) any report given to the impairment review committee
16 under section 77(1); and
17 (c) any representations made by the teacher under
18 section 77(4),
19 the committee is to deal with the matter in one of the following
20 ways --
21 (d) dismiss the complaint;
22 (e) recommend to the Board that the complaint be referred
23 to a disciplinary committee or the State Administrative
24 Tribunal;
25 (f) request that the teacher consent --
26 (i) to the imposition of conditions on his or her
27 registration; or
28 (ii) to having his or her registration suspended for a
29 period, not exceeding 2 years, specified by the
30 impairment review committee; or
31 (iii) to undergo counselling specified by the
32 impairment review committee.
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Role of impairment review committee Division 7
s. 79
1 (2) Notice of a decision under this section is to be given in
2 accordance with section 85.
3 79. Recommendation
4 (1) If the teacher does not consent to a request made under
5 section 78(1)(f) within 30 days of the request being made, the
6 impairment review committee is to recommend to the Board
7 that the complaint be referred to the State Administrative
8 Tribunal.
9 (2) If the teacher does consent to a request made under
10 section 78(1)(f) within 30 days of the request being made, the
11 impairment review committee is to recommend that the Board
12 take any action to which the teacher has consented.
13 (3) A recommendation made under subsection (1) or (2) must be
14 made in writing and contain details of the impairment review
15 committee's consideration of the impairment matter.
16 80. Decision of Board after consideration of recommendation of
17 impairment review committee
18 (1) The Board is to consider a recommendation of the impairment
19 review committee and may --
20 (a) decide not to take any action; or
21 (b) take any action under section 78(1)(f) to which the
22 teacher has consented; or
23 (c) refer the complaint to the State Administrative Tribunal.
24 (2) For the purpose of taking action to which the teacher has
25 consented the Board may --
26 (a) order that a condition be imposed on the registration of
27 the teacher, or order that an existing condition be
28 modified; or
29 (b) order that the registration of the teacher is suspended for
30 the period specified in the order; or
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Part 5 Disciplinary and impairment matters
Division 7 Role of impairment review committee
s. 81
1 (c) obtain an undertaking from the teacher to undergo the
2 counselling specified by the impairment review
3 committee.
4 (3) Notice of a decision or an order made under this section is to be
5 given in accordance with section 85.
6 Subdivision 2 -- Requests to impairment review committee
7 by teachers
8 81. Request by teacher for imposition of condition
9 (1) A registered teacher who believes that his or her ability to
10 practise as a teacher is affected because of an impairment matter
11 may ask the impairment review committee to recommend to the
12 Board that a condition on his or her registration be imposed, or
13 that an existing condition be modified.
14 (2) If the impairment review committee and the teacher agree upon
15 the condition to be imposed, or the modification of an existing
16 condition, the Board is to impose that condition, or to modify
17 the existing condition, with respect to the registration of the
18 teacher.
19 (3) Notice of a decision under this section is to be given in
20 accordance with section 85.
21 82. Cancellation of condition
22 The Board may cancel a condition imposed under section 81 if
23 the registered teacher satisfies the impairment review committee
24 that his or her ability to practise as a teacher is no longer
25 affected because of the impairment matter that gave rise to the
26 imposition of the condition.
page 48
Teacher Registration Bill 2011
Disciplinary and impairment matters Part 5
State Administrative Tribunal Division 8
s. 83
1 Division 8 -- State Administrative Tribunal
2 Subdivision 1 -- Role of the Board
3 83. Certain complaints to be referred to State Administrative
4 Tribunal
5 (1) The Board may refer a complaint to the State Administrative
6 Tribunal on its own initiative or on the recommendation of a
7 disciplinary committee or the impairment review committee.
8 (2) If a referral is made to the State Administrative Tribunal about a
9 complaint in relation to which an interim disciplinary order has
10 been made, the order remains in force until it is revoked by the
11 Tribunal or a referral about the complaint is finally determined
12 by the Tribunal.
13 Subdivision 2 -- State Administrative Tribunal
14 84. Jurisdiction of State Administrative Tribunal
15 (1) If, in a proceeding commenced by a referral under this Act, the
16 State Administrative Tribunal finds that a disciplinary matter
17 exists in relation to a teacher the Tribunal may do one or more
18 of the following --
19 (a) if the finding is in respect of someone who is no longer
20 registered as a teacher --
21 (i) take any action, or make any order, that a
22 disciplinary committee may take or make under
23 section 70(1)(a), (b) or (c) in respect of a teacher;
24 (ii) order that the person is disqualified from
25 applying for registration as a teacher for a period
26 of time specified in the order;
27 (b) if the finding is in respect of a person who is registered
28 as a teacher --
29 (i) take any action, or make any order, that a
30 disciplinary committee may take or make under
31 section 70(1)(a) to (f);
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Part 5 Disciplinary and impairment matters
Division 8 State Administrative Tribunal
s. 84
1 (ii) order the cancellation of the person's registration
2 as a teacher;
3 (iii) if an order is made under subparagraph (ii), order
4 that the person is disqualified from applying for
5 registration as a teacher for a period of time
6 specified in the order.
7 (2) If, in a proceeding commenced by a referral under this Act, the
8 State Administrative Tribunal finds that an impairment matter
9 exists in relation to a teacher the Tribunal may do one or more
10 of the following --
11 (a) dismiss the complaint;
12 (b) order that the registration of the teacher be suspended
13 for a period, not exceeding 2 years, as is specified in the
14 order;
15 (c) order that a condition, or conditions, be imposed on the
16 registration of the teacher, or order that an existing
17 condition, or conditions, be modified;
18 (d) order that the teacher undergoes counselling or medical
19 treatment or acts in accordance with medical advice
20 given to the teacher;
21 (e) order the cancellation of the person's registration as a
22 teacher;
23 (f) if an order is made under paragraph (e), order that the
24 person is disqualified from applying for registration as a
25 teacher for a period of time specified in the order.
26 (3) If a referral to the State Administrative Tribunal is made about a
27 complaint in relation to which an interim disciplinary order is in
28 force, the Tribunal may affirm, revoke or vary the order pending
29 final determination of the referral.
30 (4) Nothing in subsection (3) limits or restricts the functions of the
31 State Administrative Tribunal in respect of a complaint under
32 this Act about a matter in respect of which an interim
33 disciplinary order is in force.
page 50
Teacher Registration Bill 2011
Disciplinary and impairment matters Part 5
Notice of orders and decisions made under this Part Division 9
s. 85
1 Division 9 -- Notice of orders and decisions made under this
2 Part
3 85. Notice of orders and decisions made under this Part
4 (1) Within 14 days of making --
5 (a) an interim disciplinary order; or
6 (b) an order or a decision under section 53(1), 57(1), 62(1),
7 70(1) or (2), 78(1), 80(1) or (2), or 81(2),
8 the Board, a disciplinary committee or the impairment review
9 committee, as is relevant, is to give written notice of the order
10 or the decision to --
11 (c) the teacher; and
12 (d) any complainant.
13 (2) A notice is to contain short particulars of the reasons for the
14 order or decision.
15 (3) Notice given to a teacher about an interim disciplinary order is
16 to contain a statement that the Board is to refer the matter in
17 respect of which the order is made to the State Administrative
18 Tribunal under section 61.
19 (4) Notice given to a teacher about an order made under section 70
20 or 80 is to contain a statement that the teacher may have a right
21 to a review under section 124.
page 51
Teacher Registration Bill 2011
Part 6 Teacher Registration Board
Division 1 Establishment
s. 86
1 Part 6 -- Teacher Registration Board
2 Division 1 -- Establishment
3 86. Board established
4 A body called the Teacher Registration Board of Western
5 Australia is established.
6 87. Membership of Board
7 (1) The Board consists of 7 members appointed by the Minister.
8 (2) Each member is to be a natural person.
9 (3) At least --
10 (a) one member is to be a lawyer; and
11 (b) 3 members are to be registered teachers.
12 (4) The Minister is to appoint to the Board people that between
13 them have such experience, skills or qualifications as the
14 Minister considers appropriate to enable them to effectively
15 carry out the functions of the Board under this Act.
16 (5) The Minister is to designate one member to be the chairperson,
17 and one member to be the deputy chairperson, of the Board.
18 88. Remuneration and allowances
19 A member of the Board or of a committee is entitled to the
20 remuneration and allowances, if any, that the Minister may from
21 time to time determine on the recommendation of the Public
22 Sector Commissioner.
page 52
Teacher Registration Bill 2011
Teacher Registration Board Part 6
Functions and powers Division 2
s. 89
1 Division 2 -- Functions and powers
2 89. Functions
3 The functions of the Board are as follows --
4 (a) to perform the functions that are conferred on the Board
5 under this Act or any other Act;
6 (b) to facilitate and assist in the establishment of an
7 accreditation scheme for initial teacher education
8 programmes that may apply throughout Australia;
9 (c) to work with, and join associations of, teacher regulatory
10 authorities (however described) of other States or
11 Territories or New Zealand --
12 (i) to establish such an accreditation scheme; and
13 (ii) generally, to participate in, and contribute to,
14 debate and activities relating to teaching and
15 teachers;
16 (d) to implement and administer for Western Australia an
17 accreditation scheme for initial teacher education
18 programmes so established;
19 (e) to advise the Minister on matters to which this Act
20 applies.
21 90. Powers
22 The Board has all the powers it needs to perform its functions.
23 91. Delegation by Board
24 (1) The Board may delegate any power or duty of the Board under
25 another provision of this Act --
26 (a) to a member of the Board; or
27 (b) to a committee; or
28 (c) with the consent of the CEO, to an officer or employee
29 employed in the Department.
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Part 6 Teacher Registration Board
Division 3 Staff and services
s. 92
1 (2) The delegation must be in writing executed by the Board.
2 (3) A person or committee to whom a power or duty is delegated
3 under this section cannot delegate that power or duty.
4 (4) A person or committee exercising or performing a power or
5 duty that has been delegated to the person or committee under
6 this section is to be taken to do so in accordance with the terms
7 of the delegation unless the contrary is shown.
8 (5) Nothing in this section limits the ability of the Board to perform
9 a function through a member of staff provided to the Board by
10 the CEO under this Act or a person representing the Board.
11 Division 3 -- Staff and services
12 92. Staff and services
13 The CEO is to ensure that the Board is provided with such --
14 (a) staff, services and facilities; and
15 (b) other resources and support,
16 as are reasonably necessary to enable it to perform its functions.
17 Division 4 -- Relationship of Board with Minister
18 93. Directions by Minister
19 (1) Subject to subsection (2), the Minister may give written
20 directions to the Board with respect to the performance of its
21 functions, either generally or in relation to a particular matter,
22 and the Board is to give effect to any such direction.
23 (2) The Minister must not under subsection (1) direct the Board
24 with respect to the performance of its functions in respect of --
25 (a) a particular person; or
26 (b) a particular application, complaint or proceeding.
page 54
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Teacher Registration Board Part 6
Relationship of Board with Minister Division 4
s. 94
1 (3) A copy of a direction given under subsection (1) is to be --
2 (a) laid before each House of Parliament within 14 days
3 after the direction is given or dealt with in accordance
4 with section 125; and
5 (b) included in the report of the Board made under
6 section 114.
7 94. Minister to have access to information
8 (1) In this section --
9 document includes any tape, disk or other device or medium on
10 which information is recorded or stored;
11 information means information specified, or of a description
12 specified, by the Minister that relates to the functions of the
13 Board.
14 (2) The Minister is entitled --
15 (a) to have information in the possession of the Board; and
16 (b) if the information is in or on a document, to have, and
17 make and retain copies of, that document.
18 (3) For the purposes of subsection (2), the Minister may --
19 (a) request the Board to furnish information to the Minister;
20 and
21 (b) request the Board to give the Minister access to
22 information; and
23 (c) for the purposes of paragraph (b) make use of the
24 services of any officer or employee employed in the
25 Department to obtain the information and furnish it to
26 the Minister.
27 (4) The Board is to comply with a request under subsection (3) and
28 the CEO is to arrange for his or her staff and facilities to be
29 available to the Minister for the purposes of subsection (3)(c).
page 55
Teacher Registration Bill 2011
Part 6 Teacher Registration Board
Division 5 Constitution and proceedings of the Board
s. 95
1 (5) The Minister is not entitled to have information under this
2 section in a form that --
3 (a) discloses the identity of a person involved in a particular
4 application, complaint, investigation, inquiry or other
5 proceeding; or
6 (b) might enable the identity of any such person to be
7 ascertained,
8 unless that person has consented to the disclosure.
9 Division 5 -- Constitution and proceedings of the Board
10 Subdivision 1 -- General provisions
11 95. Term of office
12 (1) Subject to section 96, a member of the Board holds office for
13 the term, not exceeding 5 years, that is specified in the
14 member's instrument of appointment.
15 (2) A member of the Board is eligible for reappointment.
16 (3) A member of the Board whose term of office expires without a
17 person having been appointed to fill the vacancy continues in
18 office (unless under section 96, the person resigns or is removed
19 from office) until whichever of the following occurs first --
20 (a) a person is appointed to fill the vacancy;
21 (b) a period of 3 months elapses after the expiry of the term
22 of office.
23 96. Casual vacancies
24 (1) A member of the Board may at any time resign from office by
25 written notice given to the Minister.
26 (2) The Minister may remove a member of the Board from office
27 on one of the following grounds --
28 (a) mental or physical incapacity to carry out the person's
29 duties in a satisfactory manner;
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Teacher Registration Board Part 6
Constitution and proceedings of the Board Division 5
s. 97
1 (b) the person being an insolvent;
2 (c) the person being convicted of a serious offence;
3 (d) absence, without leave, from 3 consecutive meetings of
4 the Board of which the member has had notice;
5 (e) neglect of duty;
6 (f) misconduct.
7 (3) In subsection (2)(b) --
8 insolvent means a person who is, according to the Interpretation
9 Act 1984 section 13D, a bankrupt or a person whose affairs are
10 under insolvency laws.
11 (4) The office of a member becomes vacant if, before the term for
12 which the person holding the office was appointed expires, the
13 person dies or resigns or is removed from office.
14 97. Deputy chairperson acting as chairperson
15 (1) The deputy chairperson is to perform the functions of the
16 chairperson --
17 (a) when the chairperson is unable to act because of illness,
18 absence or other cause; or
19 (b) during any vacancy in the office of chairperson.
20 (2) An act or omission of the deputy chairperson acting in the place
21 of the chairperson is not to be questioned on the ground that the
22 occasion for acting had not arisen or had ceased.
23 98. Alternate members
24 (1) If a member of the Board other than the chairperson is unable to
25 act because of illness, absence or other cause, the Minister may
26 appoint another person as an alternate member to act
27 temporarily in the member's place.
28 (2) If the deputy chairperson is acting in place of the chairperson at
29 a meeting, the Minister may appoint another person to act in his
30 or her place as an alternate member.
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Part 6 Teacher Registration Board
Division 5 Constitution and proceedings of the Board
s. 99
1 (3) While acting in accordance with the appointment the alternate
2 member is to be taken to be, and to have any entitlement of, a
3 member.
4 (4) An act or omission of an alternate member is not to be
5 questioned on the ground that the occasion for the appointment
6 or acting had not arisen or had ceased.
7 99. Holding meetings
8 (1) The first meeting of the Board is to be convened by the
9 chairperson and subsequent meetings, unless convened under
10 subsection (2), are to be held at times and places determined by
11 the Board.
12 (2) A special meeting of the Board may at any time be convened by
13 the chairperson.
14 100. Quorum
15 Five members constitute a quorum of the Board.
16 101. Presiding at meetings
17 (1) The chairperson if present is to preside at a meeting of the
18 Board.
19 (2) If neither the chairperson, nor the deputy chairperson acting as
20 the chairperson, is presiding under subsection (1) the members
21 present at the meeting are to appoint one of their number to
22 preside.
23 102. Procedure at meetings
24 The Board is to determine its own meeting procedures to the
25 extent that they are not fixed by this Act.
page 58
Teacher Registration Bill 2011
Teacher Registration Board Part 6
Constitution and proceedings of the Board Division 5
s. 103
1 103. Voting
2 (1) At a meeting of the Board, each member present has a
3 deliberative vote unless section 109 prevents the member from
4 voting.
5 (2) A question is resolved according to how a majority of the votes
6 are cast but if there is not a majority the question is resolved
7 according to the casting vote of the person presiding.
8 104. Holding meetings remotely
9 The presence of a person at a meeting of the Board need not be
10 by attendance in person but may be by that person and each
11 other person at the meeting being simultaneously in contact by
12 telephone or other means of instantaneous communication.
13 105. Resolution without meeting
14 A resolution in writing signed or assented to by letter, facsimile,
15 email or other similar means by at least 5 members of the Board
16 has the same effect as if it had been passed at a meeting of the
17 Board.
18 106. Minutes
19 The Board is to cause accurate minutes to be kept of the
20 proceedings at each of its meetings and each meeting of its
21 committees.
22 107. Committees
23 (1) The Board may establish committees to assist it to perform its
24 functions, and may discharge or alter any committee it has
25 established.
26 (2) A committee may include people who are not members of the
27 Board but must include at least one member of the Board.
28 (3) Each member of a committee is to be a natural person.
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Part 6 Teacher Registration Board
Division 5 Constitution and proceedings of the Board
s. 108
1 (4) The Board may give directions to a committee on the following
2 matters --
3 (a) the functions to be performed by the committee;
4 (b) the procedures of the committee;
5 (c) reporting by the committee on the performance of its
6 functions.
7 (5) A committee must comply with a direction of the Board.
8 (6) A committee may determine its own procedures but they must
9 be consistent with any directions of the Board and the terms of
10 any delegation under which the committee is acting.
11 (7) This section does not apply to a disciplinary committee and the
12 impairment review committee.
13 Subdivision 2 -- Disclosure of interest
14 108. Disclosure of interest
15 (1) A member of the Board who has a material personal interest in a
16 matter being considered or about to be considered by the Board
17 must, as soon as possible after the relevant facts have come to
18 the member's knowledge, disclose the nature of the interest at a
19 meeting of the Board.
20 Penalty: a fine of $25 000.
21 (2) A member of a committee who has a material personal interest
22 in a matter being considered or about to be considered by the
23 committee must, as soon as possible after the relevant facts have
24 come to the member's knowledge, disclose the nature of the
25 interest at a meeting of the committee.
26 Penalty: a fine of $25 000.
27 (3) Subsection (2) applies to a person who is a member of the
28 committee and also a member of the Board even though the
29 person has already disclosed the nature of the interest at a
30 meeting of the Board.
page 60
Teacher Registration Bill 2011
Teacher Registration Board Part 6
Constitution and proceedings of the Board Division 5
s. 109
1 (4) A disclosure under subsection (1) or (2) is to be recorded in the
2 minutes of the meeting.
3 109. Voting by interested Board member
4 (1) A member who has a material personal interest in a matter that
5 is being considered by the Board --
6 (a) must not vote, whether at a meeting or otherwise, on the
7 matter; and
8 (b) must not be present while the matter is being considered
9 at a meeting.
10 (2) A reference in subsection (1)(a) or (b) to a matter includes a
11 reference to a proposed resolution under section 110 in respect
12 of the matter, whether relating to that member or a different
13 member.
14 110. Section 109 may be declared inapplicable
15 Section 109 does not apply if the Board has at any time passed a
16 resolution that --
17 (a) specifies the member, the interest and the matter; and
18 (b) states that the members voting for the resolution are
19 satisfied that the interest should not disqualify the
20 member from considering or voting on the matter.
21 111. Quorum where section 109 applies
22 (1) Despite section 100, if the Board is dealing with a matter in
23 relation to which a member is disqualified under section 109, a
24 quorum is present during the consideration of the matter if at
25 least half the number of members who are entitled to vote on
26 any motion that may be moved at the meeting in relation to the
27 matter are present.
28 (2) The Minister may deal with a matter insofar as the Board cannot
29 deal with it because of subsection (1).
page 61
Teacher Registration Bill 2011
Part 6 Teacher Registration Board
Division 6 General
s. 112
1 112. Minister may declare sections 109 and 111 inapplicable
2 (1) The Minister may by writing declare that section 109 or 111 or
3 both of them do not apply in relation to a specified matter either
4 generally or in voting on particular resolutions.
5 (2) The Minister must, within 14 days after a declaration under
6 subsection (1) is made, cause a copy of the declaration to be laid
7 before each House of Parliament or dealt with in accordance
8 with section 125.
9 Division 6 -- General
10 113. Execution of documents by the Board
11 (1) A document is duly executed by the Board if it is signed on
12 behalf of the Board by a person or persons authorised to do so
13 under subsection (2).
14 (2) The Board may --
15 (a) authorise one or more of its members; or
16 (b) with the consent of the CEO, authorise any officer or
17 employee employed in the Department,
18 to sign documents on behalf of the Board, either generally or
19 subject to the conditions that are specified in the authorisation.
20 (3) A document purporting to be executed in accordance with this
21 section is to be presumed to be duly executed until the contrary
22 is shown.
23 114. Annual report of Board
24 (1) The Board is to prepare and submit to the CEO, as soon as is
25 practicable after 30 June in each year, a report that contains --
26 (a) information about the activities of the Board during the
27 financial year; and
28 (b) a report about the Board's performance of its functions
29 under this Act during that time; and
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Teacher Registration Bill 2011
Teacher Registration Board Part 6
General Division 6
s. 115
1 (c) any other matters arising out of the performance of the
2 Board's functions that are, in the opinion of the Board,
3 of such significance as to require reporting.
4 (2) The annual report submitted by the accountable authority of the
5 Department under the Financial Management Act 2006 Part 5 is
6 to include the report of the Board under subsection (1).
7 115. Teacher Registration Board Account
8 (1) An agency special purpose account called the Teacher
9 Registration Board Account is to be established under the
10 Financial Management Act 2006 section 16.
11 (2) The Teacher Registration Board Account is to be administered
12 by the CEO.
13 (3) The Teacher Registration Board Account must be credited with
14 the following --
15 (a) fees, fines, costs and other moneys received or
16 recovered under this Act;
17 (b) other moneys received by, made available to, or payable
18 to, the Teacher Registration Board in the performance of
19 functions under this or any other Act;
20 (c) any other moneys required or authorised under this or
21 any other written law to be credited to the account.
22 (4) Moneys held in the Teacher Registration Board Account must
23 be applied for the following --
24 (a) in payment of the remuneration and allowances payable
25 to the members of the Board or of a committee under
26 this Act;
27 (b) in payment of the costs and expenses incurred in the
28 performance of the functions of the Teacher Registration
29 Board under this Act;
30 (c) in payment of the costs of the administration and
31 enforcement of this Act.
page 63
Teacher Registration Bill 2011
Part 7 Miscellaneous
Division 1 Publishing and using information
s. 116
1 Part 7 -- Miscellaneous
2 Division 1 -- Publishing and using information
3 116. Term used: publish
4 In this Division --
5 publish, in relation to information, includes --
6 (a) include in a newspaper or other publication published in
7 this State;
8 (b) disseminate by the exhibition or broadcast of a
9 photograph, slide, film, video recording, audio recording
10 or other recording of images or sound;
11 (c) broadcast by radio or for television;
12 (d) include on a website or otherwise publicly disseminate
13 by means of the internet;
14 (e) publicly exhibit in, on, over or under any building,
15 vehicle or place, or in the air, in view of persons in or on
16 any street or public place;
17 (f) include in a document sent or delivered to any person or
18 body;
19 (g) include in a document gratuitously sent or delivered to
20 any person or body or thrown or left on premises
21 occupied by any person or body or left on a vehicle;
22 (h) make verbally to any person or body.
23 117. Confidentiality of information
24 (1) This section applies to a person who is or has been engaged in
25 the performance of functions under this Act.
26 (2) A person to whom this section applies must not, directly or
27 indirectly, publish or make use of information obtained in
28 performing functions under this Act other than --
29 (a) for the purpose of, or in connection with, performing a
30 function under this Act or another written law; or
page 64
Teacher Registration Bill 2011
Miscellaneous Part 7
Publishing and using information Division 1
s. 118
1 (b) as required or allowed under this Act or another written
2 law; or
3 (c) with the written consent of the person to whom the
4 information relates; or
5 (d) for the purpose of investigation of a suspected offence
6 or the conduct of proceedings against a person arising
7 out of the administration of this or another written law;
8 or
9 (e) in other circumstances, if any, prescribed.
10 Penalty: a fine of $25 000.
11 (3) Subsection (2) does not apply to the publication or use of
12 statistical or other information that could not reasonably be
13 expected to lead to the identification of any person to whom it
14 relates.
15 118. Publication of information
16 (1) The Board may cause to be published, in any form or manner
17 that the Board considers appropriate, information concerning
18 any of the following --
19 (a) the registration of teachers;
20 (b) matters that adversely affect or may adversely affect the
21 interests of persons at educational venues who are taught
22 by registered teachers.
23 (2) Without limiting subsection (1) --
24 (a) information published under this section may include
25 details of any of the following --
26 (i) orders or decisions of the Board or of a
27 disciplinary committee;
28 (ii) orders made by the State Administrative
29 Tribunal;
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Part 7 Miscellaneous
Division 2 Legal proceedings
s. 119
1 (b) the Board may give notice of a finding, order, reason,
2 decision or other action in respect of a person to any of
3 the following --
4 (i) a board or authority under a law of another State
5 or a Territory or New Zealand that deals with the
6 registration of teachers (however described);
7 (ii) any relevant professional association or trade
8 union of which the person is a member;
9 (iii) a person who is, or at the relevant time was, the
10 employer of a registered teacher;
11 (iv) any other person who, in the opinion of the
12 Board, should be made aware of the finding,
13 order, reason, decision or action.
14 (3) The Board must not publish information under this section
15 unless satisfied that it is in the public interest to do so.
16 (4) Without limiting section 117, no civil or criminal liability is
17 incurred by the Board or any other person in respect of the
18 publication, in good faith, of information under this section.
19 Division 2 -- Legal proceedings
20 119. Legal proceedings
21 (1) Proceedings for an offence against this Act or in respect of any
22 other matter arising under this Act may be taken in the name of
23 the Board by --
24 (a) the Board; or
25 (b) any other person authorised to do so by the Board.
26 (2) Subsection (1) does not limit the ability of a person to
27 commence or conduct the prosecution of an offence if the
28 person has authority at law to do so.
29 (3) All prosecutions for offences against this Act are to be heard in
30 a court of summary jurisdiction constituted by a magistrate.
page 66
Teacher Registration Bill 2011
Miscellaneous Part 7
Legal proceedings Division 2
s. 120
1 120. Evidence Act 1906 not affected
2 This Division is in addition to, and does not affect the operation
3 of, the Evidence Act 1906.
4 121. Evidentiary matters
5 (1) In proceedings for an offence against this Act, in the absence of
6 evidence to the contrary, the following matters are to be taken to
7 be proved --
8 (a) the prosecutor is authorised to commence the
9 prosecution; and
10 (b) the prosecution notice is executed by a person
11 authorised to commence the prosecution.
12 (2) In proceedings for an offence against this Act an allegation in a
13 prosecution notice that, at a specified time, a specified person
14 was --
15 (a) a member or an alternate member of the Board;
16 (b) the chairperson or deputy chairperson of the Board;
17 (c) a member of a committee,
18 is taken to be proved in the absence of evidence to the contrary.
19 (3) In proceedings for an offence against this Act a copy of or
20 extract from the register or any statement that purports to
21 reproduce matters entered in the register that is certified by the
22 Board as a true copy, extract or statement, is evidence of the
23 facts appearing in that copy, extract or statement.
24 122. Evidentiary certificate
25 (1) In any proceedings, production of a certificate containing a
26 statement described in subsection (2) and purporting to be given
27 by the Board is, without proof of any appointment or signature,
28 evidence of the facts stated in the certificate in the absence of
29 evidence to the contrary.
page 67
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Part 7 Miscellaneous
Division 3 Review by State Administrative Tribunal
s. 123
1 (2) A certificate may state any or all of the following --
2 (a) that a person is or was, or is not or was not, registered as
3 a teacher;
4 (b) that a person does or does not, or did or did not, hold a
5 specified category of registration;
6 (c) any conditions to which the registration of a person is or
7 was subject;
8 (d) that the registration of a person has or had been
9 suspended or cancelled under this Act;
10 (e) that a person was disqualified from holding registration
11 as a teacher;
12 (f) the day, days or period on or during which anything
13 referred to in any of paragraphs (a) to (e) applied.
14 123. Recovery of amounts due
15 The amount of any --
16 (a) fees; or
17 (b) penalty, costs or expenses ordered to be paid under
18 Part 5,
19 is recoverable by the Board in any court of competent
20 jurisdiction as a debt due to the State.
21 Division 3 -- Review by State Administrative Tribunal
22 124. Review by State Administrative Tribunal of certain
23 decisions
24 (1) A person who is, or was --
25 (a) a registered teacher; or
26 (b) an applicant for registration as a teacher; or
27 (c) the employer of a registered teacher who holds, or held,
28 limited registration,
29 who is aggrieved by a reviewable decision may apply to the
30 State Administrative Tribunal for a review of the decision.
page 68
Teacher Registration Bill 2011
Miscellaneous Part 7
Other matters Division 4
s. 125
1 (2) In subsection (1) --
2 reviewable decision means a decision of --
3 (a) the Board to refuse an application by the person under
4 Part 3 for the grant of registration; or
5 (b) the Board to refuse an application by the person under
6 Part 3 for the renewal of registration; or
7 (c) the Board to impose a condition on the person's
8 registration under section 26 when granting or renewing
9 that registration; or
10 (d) the Board to impose, modify or cancel a condition under
11 section 26 during the currency of the teacher's
12 registration; or
13 (e) the Board to cancel the person's registration under
14 section 27; or
15 (f) a disciplinary committee to make an order against the
16 person under section 70; or
17 (g) the Board to make an order against the person under
18 section 80.
19 Division 4 -- Other matters
20 125. Laying before House of Parliament that is not sitting
21 (1) If the Minister is required under this Act to cause a document to
22 be laid before each House of Parliament, or dealt with under this
23 section, within 14 days and --
24 (a) at the commencement of that period a House of
25 Parliament is not sitting; and
26 (b) the Minister is of the opinion that the House will not sit
27 during that period of 14 days,
28 the Minister is to transmit a copy of the document to the Clerk
29 of that House.
30 (2) A copy of a document transmitted to the Clerk of a House is to
31 be taken to have been laid before that House.
page 69
Teacher Registration Bill 2011
Part 7 Miscellaneous
Division 4 Other matters
s. 126
1 (3) The laying of a copy of a document that is regarded as having
2 occurred under subsection (2) is to be recorded in the Minutes,
3 or Votes and Proceedings, of the House on the first sitting day
4 of the House after the Clerk received the copy.
5 126. Protection from liability
6 (1) An action in tort does not lie against a person for any thing that
7 the person has done, in good faith, in the performance or
8 purported performance of a function under this Act.
9 (2) The protection given by subsection (1) applies even though the
10 thing done as described in that subsection may have been
11 capable of being done whether or not this Act had been enacted.
12 (3) Despite subsection (1), the State is not relieved of any liability
13 that it might have for another person having done any thing as
14 described in that subsection.
15 (4) In this section, a reference to the doing of any thing includes a
16 reference to the omission to do any thing.
17 127. False or misleading information
18 A person --
19 (a) in, or in connection with, an application under this Act;
20 or
21 (b) in compliance or purported compliance with a
22 requirement made by or under this Act to provide
23 information; or
24 (c) for any other purpose under this Act,
25 must not do any of the following --
26 (d) make a statement which the person knows is false or
27 misleading in a material particular;
28 (e) make a statement which is false or misleading in a
29 material particular, with reckless disregard as to whether
30 or not the statement is false or misleading in a material
31 particular;
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Teacher Registration Bill 2011
Miscellaneous Part 7
Other matters Division 4
s. 128
1 (f) provide, or cause to be provided, information that the
2 person knows is false or misleading in a material
3 particular;
4 (g) provide, or cause to be provided, information that is
5 false or misleading in a material particular, with reckless
6 disregard as to whether the information is false or
7 misleading in a material particular;
8 (h) fail to disclose, or cause a failure to disclose, all
9 information that the person knows is materially relevant.
10 Penalty:
11 (a) for a first offence, a fine of $5 000;
12 (b) for a second or subsequent offence, a fine $10 000.
13 128. Regulations
14 (1) The Governor may make regulations prescribing all matters that
15 are required or permitted by the Act to be prescribed, or are
16 necessary or convenient to be prescribed to give effect to the
17 purposes of the Act.
18 (2) Without limiting subsection (1), regulations may be made for all
19 or any of the following purposes --
20 (a) regulating the meetings and proceedings of, and the
21 conduct of business by, the Board or a committee;
22 (b) maintaining the accuracy of the register, including the
23 provision of information to the Board to assist in
24 maintaining the accuracy of the register;
25 (c) regulating the issue, display and use of certificates of
26 registration, if any;
27 (d) regulating applications and registration including --
28 (i) conditions on registration;
29 (ii) the duration of non-practising registration;
30 (iii) the provision of information about eligibility for
31 registration;
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Teacher Registration Bill 2011
Part 7 Miscellaneous
Division 4 Other matters
s. 128
1 (e) implementing and administering an accreditation
2 scheme for initial teacher education programmes
3 including --
4 (i) the grant and cancellation of accreditation,
5 including conditions on accreditation and the
6 duration of accreditation;
7 (ii) eligibility criteria for accreditation;
8 (iii) the fees to be paid for accreditation, and in
9 relation to the accreditation scheme, and the
10 person liable for the payment of any fee;
11 (iv) providing for accreditation panels, including the
12 functions and powers of accreditation panels;
13 (v) the role of the Board and other bodies, including
14 any accreditation panel or panels, in the
15 accreditation scheme;
16 (vi) the review of accreditation decisions;
17 (vii) anything supplementary or additional for the
18 implementation or administration of the
19 accreditation scheme;
20 (f) regarding information --
21 (i) as to persons who are teaching in an educational
22 venue;
23 (ii) about teaching in educational venues,
24 to be supplied to the Board, at the request of the Board,
25 by any person who appoints, employs, engages or gives
26 permission to another person to teach in an educational
27 venue;
28 (g) procedures in relation to the making of complaints;
29 (h) procedures in relation to the conduct of inquiries;
30 (i) prescribing fees to be paid for the purposes of this Act,
31 and the person liable for payment of any fee;
page 72
Teacher Registration Bill 2011
Miscellaneous Part 7
Other matters Division 4
s. 129
1 (j) providing that any information supplied to the Board or
2 a committee may be required to be verified by statutory
3 declaration.
4 129. Forms
5 Forms that are convenient for the purposes of this Act
6 may be --
7 (a) prescribed; or
8 (b) approved by the Board.
9 130. Review of Act
10 (1) The Minister is to carry out a review of the operation and
11 effectiveness of this Act as soon as is practicable after the
12 expiration of 4 years from the commencement of this section,
13 and in the course of that review the Minister is to consider and
14 have regard to the following --
15 (a) the effectiveness of the operations of the Board;
16 (b) the need for the continuation of the functions of the
17 Board;
18 (c) any other matters that appear to the Minister to be
19 relevant to the operation and effectiveness of this Act.
20 (2) The Minister is to prepare a report based on the review made
21 under subsection (1) and, as soon as is practicable after the
22 preparation of the report, cause it to be laid before each House
23 of Parliament.
page 73
Teacher Registration Bill 2011
Part 8 Repeals and transitional matters
Division 1 Interpretation Act 1984 not affected
s. 131
1 Part 8 -- Repeals and transitional matters
2 Division 1 -- Interpretation Act 1984 not affected
3 131. Interpretation Act 1984 not affected
4 The provisions of this Part are additional to and do not prejudice
5 or affect the application of the Interpretation Act 1984 to and in
6 relation to the repeal effected by section 132, except where the
7 contrary intention appears.
8 Division 2 -- Repeals
9 132. Western Australian College of Teaching Act 2004 repealed
10 (1) The Western Australian College of Teaching Act 2004 is
11 repealed.
12 (2) If, when this section comes into operation, Part 9 Division 1 is
13 not in operation, then Part 9 Division 1 is repealed.
14 133. Western Australian College of Teaching Regulations 2004
15 repealed
16 The Western Australian College of Teaching Regulations 2004
17 are repealed.
18 134. Western Australian College of Teaching (Elections)
19 Regulations 2007 repealed
20 The Western Australian College of Teaching (Elections)
21 Regulations 2007 are repealed.
page 74
Teacher Registration Bill 2011
Repeals and transitional matters Part 8
Transitional provisions arising from the enactment of the Division 3
Teacher Registration Act 2011
s. 135
1 Division 3 -- Transitional provisions arising from the
2 enactment of the Teacher Registration Act 2011
3 Subdivision 1 -- Terms used
4 135. Terms used
5 In this Division --
6 assets means any legal or equitable estate or interest (whether
7 present or future, whether vested or contingent and whether
8 personal or assignable) in personal property of any description,
9 including money and includes securities, choses in action and
10 documents;
11 College means the Western Australian College of Teaching
12 established under the Western Australian College of Teaching
13 Act 2004 section 5;
14 commencement day means the day that is the earlier of the
15 following --
16 (a) the day on which Part 9 Division 1 comes into
17 operation; or
18 (b) the day on which section 132 comes into operation;
19 currently teaching, in relation to an individual, means engaged,
20 employed, appointed or given permission to teach, in an
21 educational venue other than a school, whether or not the
22 individual was actually teaching, immediately before the
23 commencement day;
24 former Board means the Board --
25 (a) established under the Western Australian College of
26 Teaching Act 2004 section 7; and
27 (b) in existence immediately before commencement day;
28 liability means any liability, duty or obligation, other than a
29 liability that relates to real property, whether actual, contingent
30 or prospective, liquidated or unliquidated, or whether owed
31 alone or jointly or jointly and severally with any other person;
page 75
Teacher Registration Bill 2011
Part 8 Repeals and transitional matters
Division 3 Transitional provisions arising from the enactment of the
Teacher Registration Act 2011
s. 136
1 right means any right, power, privilege or immunity whether
2 actual, contingent or prospective;
3 school has the meaning given in the School Education Act 1999
4 section 4;
5 WACOT Act means the Western Australian College of Teaching
6 Act 2004 as in force immediately before commencement day.
7 Subdivision 2 -- Registration
8 136. Current registration continues
9 An individual who immediately before commencement day --
10 (a) was registered as a teacher under the WACOT Act
11 section 34, is to be taken to hold full registration; and
12 (b) was provisionally registered as a teacher under the
13 WACOT Act section 32, is to be taken to hold
14 provisional registration; and
15 (c) held a limited authority to teach under the WACOT Act
16 section 36, is to be taken to hold limited registration,
17 on commencement day on the same terms and conditions
18 (including suspension and period of registration) as applied in
19 respect of that person under the WACOT Act.
20 137. Registration of persons not currently registered at
21 commencement day
22 (1) This section applies to an individual who immediately before
23 commencement day --
24 (a) held a qualification in teaching approved by the Board
25 for the purposes of this section; and
26 (b) was not registered as a teacher under the WACOT Act.
page 76
Teacher Registration Bill 2011
Repeals and transitional matters Part 8
Transitional provisions arising from the enactment of the Division 3
Teacher Registration Act 2011
s. 137
1 (2) An individual to whom this section applies who is currently
2 teaching and has taught at an educational venue, other than a
3 school --
4 (a) for a period of at least 3 years is eligible for full
5 registration as a teacher; and
6 (b) for a period of less than 3 years is eligible for
7 provisional registration as a teacher.
8 (3) An individual to whom this section applies who is not currently
9 teaching but has taught at an educational venue other than a
10 school at some time before commencement day is eligible for
11 either full registration or provisional registration as a teacher, as
12 the Board decides is appropriate.
13 (4) The Board must, on application made in the manner approved
14 by the Board, register an individual eligible for registration as a
15 teacher under this section unless the Board is satisfied that the
16 person is not a fit and proper person to be a registered teacher.
17 (5) An application for registration --
18 (a) by a person eligible for registration under subsection (2)
19 must be made within 18 months after commencement
20 day; or
21 (b) by a person eligible for registration under subsection (3)
22 must be made within 24 months after commencement
23 day,
24 or such later time as the Board may allow having regard to the
25 circumstances of a particular case.
26 (6) Part 2 does not apply to, or in respect of, an individual to whom
27 this section applies until whichever is the earlier of the
28 following --
29 (a) the expiration of the period during which the individual
30 could apply for registration under this section;
page 77
Teacher Registration Bill 2011
Part 8 Repeals and transitional matters
Division 3 Transitional provisions arising from the enactment of the
Teacher Registration Act 2011
s. 138
1 (b) if the individual has made an application for registration
2 under this section, when that application is dealt with by
3 the Board.
4 (7) An individual to whom this section applies who is aggrieved by
5 a decision of the Board under this section may apply to the State
6 Administrative Tribunal for a review of the decision.
7 Subdivision 3 -- Former Board abolished
8 138. Former Board abolished
9 On commencement day, the former Board is to be taken to be
10 abolished and its members go out of office.
11 139. Unfinished proceedings
12 Any proceedings commenced by, or against, the College that
13 have not been finally determined by commencement day --
14 (a) are to be dealt with and determined as if the proceedings
15 had been commenced by or against the Board; and
16 (b) are to continue under the direction and control of the
17 Board.
18 Subdivision 4 -- Assets and liabilities of the College, other than those
19 relating to real property, transferred
20 140. This Subdivision does not apply in respect of real property
21 This Subdivision does not apply to, or in respect of, real
22 property, and any liabilities relating to real property, held
23 immediately before commencement day by the College under
24 the WACOT Act.
25 141. Transfer of assets, liabilities, etc.
26 (1) On commencement day, by force of this section --
27 (a) the assets and rights vested in the College immediately
28 before commencement day are transferred to, and vest,
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Teacher Registration Bill 2011
Repeals and transitional matters Part 8
Transitional provisions arising from the enactment of the Division 3
Teacher Registration Act 2011
s. 142
1 in the State and are to be administered in the
2 Department; and
3 (b) the liabilities of the College (including a share of a
4 liability) existing immediately before commencement
5 day are transferred to the State to be administered in the
6 Department.
7 (2) The assets, rights and liabilities referred to in subsection (1)
8 pass to and become vested in the State under this section
9 without any transfer or assignment.
10 (3) The relevant officials are to take notice of this Part and are to
11 record and register in the appropriate manner the documents
12 necessary to show the effect of this section.
13 142. Winding-up
14 As soon as reasonably practicable after commencement day, the
15 CEO is to wind-up the affairs of the College and in particular,
16 but without limiting what may be done to wind-up those affairs,
17 the CEO is to --
18 (a) discharge the liabilities transferred to the State under
19 this Subdivision; and
20 (b) cause --
21 (i) any assets which remain after the discharge of
22 those liabilities; and
23 (ii) moneys derived from the winding-up of the
24 affairs of the College under this section,
25 including any proceeds from the disposal of
26 property,
27 to be credited to the account referred to in section 115.
page 79
Teacher Registration Bill 2011
Part 8 Repeals and transitional matters
Division 3 Transitional provisions arising from the enactment of the
Teacher Registration Act 2011
s. 143
1 143. Final report
2 (1) In this section --
3 final period means the period beginning on the day after the last
4 day of the period for which a report was made under the
5 WACOT Act section 29 and ending on commencement day.
6 (2) The Minister is to appoint a reporting officer to make and
7 submit to the CEO, as soon as is reasonably practicable, but in
8 any event not later than 4 months, after commencement day a
9 report (the final report) of the proceedings of the College for
10 the final period.
11 (3) The WACOT Act section 29(2) and (3)(a) to (d) applies in
12 respect of the final report as if it was an annual report made
13 under that section by the College.
14 (4) The Minister must cause copies of the final report submitted
15 under subsection (2) to be laid before each House of Parliament,
16 or dealt with under section 125, within 14 days after the
17 Minister receives it.
18 144. Records etc. to be delivered to CEO
19 The College is to ensure that, on commencement day, all
20 documents, papers, books of accounts and other records
21 (however compiled or stored) in the possession of the College
22 or under its control, are delivered to the CEO.
23 Subdivision 5 -- Staff under WACOT Act
24 145. Staff under WACOT Act -- transition of employment
25 (1) A person who, immediately before commencement day, was
26 appointed, employed or engaged by the College becomes, on the
27 commencement day, a person employed in the Department.
28 (2) The employment of the person in the Department in accordance
29 with subsection (1) is under and subject to the Public Sector
30 Management Act 1994.
page 80
Teacher Registration Bill 2011
Repeals and transitional matters Part 8
Transitional provisions arising from the enactment of the Division 3
Teacher Registration Act 2011
s. 146
1 (3) A person mentioned in subsection (1) is to be regarded as
2 having been appointed, engaged or employed, as is relevant, by
3 the CEO.
4 (4) Except as otherwise agreed by a person to whom subsection (1)
5 applies, the person's remuneration, existing, accrued or accruing
6 rights, rights under a superannuation scheme or fund and
7 continuity of service are not affected, prejudiced or interrupted
8 by --
9 (a) the operation of subsection (1); or
10 (b) the abolition of the former Board; or
11 (c) the amendment or repeal of the Western Australian
12 College of Teaching Act 2004.
13 (5) For the purposes of this section, a person's service with the
14 College is to be taken to have been with the Department.
15 Subdivision 6 -- Other matters
16 146. Disciplinary proceedings
17 Disciplinary proceedings commenced under the WACOT Act
18 Part 7 that are not complete by commencement day --
19 (a) are taken to have been commenced under this Act; and
20 (b) are to be dealt with under this Act.
21 147. Orders made under WACOT Act
22 An order for disciplinary action in force immediately before
23 commencement day under the WACOT Act is to be taken to be
24 an order made by a disciplinary committee or the Board, as is
25 relevant under Part 5 of this Act.
26 148. References to College or former Board
27 (1) If in a written law or other document or instrument there is a
28 reference to the College or to the former Board, that reference
29 may, on and after commencement day, where the context so
page 81
Teacher Registration Bill 2011
Part 8 Repeals and transitional matters
Division 3 Transitional provisions arising from the enactment of the
Teacher Registration Act 2011
s. 149
1 requires, be read as if it had been amended to be a reference to
2 the Board.
3 (2) Subsection (1) does not apply to or in respect of a document or
4 instrument relating to any asset or liability that is held after
5 commencement day by the College under the Western Australia
6 College of Teaching Act 2004.
7 149. Transitional regulations
8 (1) If there is no sufficient provision in this Part for dealing with a
9 transitional matter, regulations under this Act may prescribe all
10 matters that are required or necessary or convenient to be
11 prescribed in relation to that matter.
12 (2) In subsection (1) --
13 transitional matter means a matter that needs to be dealt with
14 for the transition required because of this Act.
15 (3) Regulations made under subsection (1) may provide that
16 specified provisions of any written law --
17 (a) do not apply to or in relation to any matter; or
18 (b) apply with specified modifications to or in relation to
19 any matter.
20 (4) If regulations made under subsection (1) provide that a specified
21 state of affairs is to be taken to have existed, or not to have
22 existed, on and from a day that is earlier than the day on which
23 the regulations are published in the Gazette but not earlier than
24 the commencement day, the regulations have effect according to
25 their terms.
26 (5) In subsections (3) and (4) --
27 specified means specified or described in the regulations.
28 (6) If regulations contain a provision referred to in subsection (4),
29 the provision does not operate so as --
30 (a) to affect in a manner prejudicial to any person (other
31 than the State or an authority of the State) the rights of
page 82
Teacher Registration Bill 2011
Repeals and transitional matters Part 8
Transitional provisions arising from the enactment of the Division 3
Teacher Registration Act 2011
s. 149
1 that person existing before the regulations were
2 published in the Gazette; or
3 (b) to impose liabilities on any person (other than the State
4 or an authority of the State) in respect of any thing done
5 or omitted to be done before the regulations were
6 published in the Gazette.
page 83
Teacher Registration Bill 2011
Part 9 Amendments to other Acts
Division 1 Western Australian College of Teaching Act 2004 amended
s. 150
1 Part 9 -- Amendments to other Acts
2 Division 1 -- Western Australian College of Teaching Act 2004
3 amended
4 150. Western Australian College of Teaching Act 2004 amended
5 This Division amends the Western Australian College of
6 Teaching Act 2004.
7 151. Long title amended
8 In the long title delete the second, third and fourth dot points
9 and insert:
10
11 • provide for the winding-up of that College,
12
13 152. Section 3 replaced
14 Delete section 3 and insert:
15
16 3. Terms used
17 In this Act --
18 Board means the Board established under section 7;
19 CEO has the meaning given in the Teacher
20 Registration Act 2011 section 3;
21 College means the Western Australian College of
22 Teaching established under section 5;
23 commencement day means the day on which the
24 Teacher Registration Act 2011 Part 9 Division 1 comes
25 into operation;
26 Teacher Registration Board Account means the
27 account referred to in the Teacher Registration
28 Act 2011 section 115.
29
page 84
Teacher Registration Bill 2011
Amendments to other Acts Part 9
Western Australian College of Teaching Act 2004 amended Division 1
s. 153
1 153. Section 7 amended
2 Delete section 7(2) and insert:
3
4 (2) The Board is constituted by the CEO.
5
6 154. Sections 9 to 13 deleted
7 Delete sections 9 to 13.
8 155. Section 15 amended
9 (1) In section 15(2):
10 (a) in paragraph (b) delete "information; and" and insert:
11
12 information.
13
14 (b) delete paragraph (c).
15 (2) Delete section 15(3).
16 156. Sections 16 to 18 replaced
17 Delete sections 16, 17 and 18 and insert:
18
19 16. Term used: residual affairs
20 In this Division --
21 residual affairs means the affairs of the College in
22 respect of --
23 (a) the real property held by the College under this
24 Act immediately before commencement day;
25 and
26 (b) any liabilities relating to that real property.
page 85
Teacher Registration Bill 2011
Part 9 Amendments to other Acts
Division 1 Western Australian College of Teaching Act 2004 amended
s. 157
1 17. Function of College
2 (1) The function of the College is to manage and wind-up
3 its residual affairs.
4 (2) The College is to wind-up its residual affairs as soon as
5 is reasonably practicable after commencement day.
6 18. Powers of College
7 (1) The College may do all things that are necessary or
8 expedient for managing and winding-up its residual
9 affairs.
10 (2) Without limiting what may be done to wind-up its
11 residual affairs, the College is to --
12 (a) dispose of the real property held by the College
13 under this Act immediately before
14 commencement day; and
15 (b) discharge any remaining liabilities relating to
16 that real property.
17
18 157. Sections 19 to 21 deleted
19 Delete sections 19 to 21.
20 158. Section 25 amended
21 (1) In section 25(1)(b) delete "a member, or members, of the Board
22 authorised by the College to do so." and insert:
23
24 the CEO.
25
26 (2) In section 25(3) delete "any 2 members of the Board and each
27 of them" and insert:
28
29 the CEO and the CEO
page 86
Teacher Registration Bill 2011
Amendments to other Acts Part 9
Other Acts amended Division 2
s. 159
1 159. Section 26 replaced
2 Delete section 26 and insert:
3
4 26. Funds available to the College
5 (1) All moneys received by the College in performing its
6 function under this Act, including any proceeds from
7 the disposal of property, are to be credited to the
8 Teacher Registration Board Account.
9 (2) All expenditure incurred by the College for the
10 purposes of performing its function, including the
11 repayment of moneys borrowed by or advanced to the
12 College, is to be charged to the Teacher Registration
13 Board Account.
14
15 160. Sections 27 to 29 deleted
16 Delete sections 27 to 29.
17 161. Parts 4 to 9 deleted
18 Delete Parts 4 to 9.
19 162. Schedules 1 to 4 deleted
20 Delete Schedules 1 to 4.
21 Division 2 -- Other Acts amended
22 163. Children and Community Services Act 2004 amended
23 (1) This section amends the Children and Community Services
24 Act 2004.
page 87
Teacher Registration Bill 2011
Part 9 Amendments to other Acts
Division 2 Other Acts amended
s. 164
1 (2) In section 124A in the definition of teacher delete
2 paragraphs (a) and (b) and insert:
3
4 (a) a person who is registered under the Teacher
5 Registration Act 2011; or
6
7 164. Constitution Acts Amendment Act 1899 amended
8 (1) This section amends the Constitution Acts Amendment Act 1899.
9 (2) In Schedule V Part 3 delete the item relating to The Western
10 Australian College of Teaching.
11 (3) In Schedule V Part 3 after the item relating to The Taxi Industry
12 Board insert:
13
14 The Teacher Registration Board of Western Australia
15 established under the Teacher Registration Act 2011.
16
17 165. Oaths, Affidavits and Statutory Declarations Act 2005
18 amended
19 (1) This section amends the Oaths, Affidavits and Statutory
20 Declarations Act 2005.
21 (2) In Schedule 2 delete item 42 and insert:
22
42. A person registered under the Teacher Registered teacher
Registration Act 2011.
23
24 166. Occupational Therapists Act 2005 amended
25 (1) This section amends the Occupational Therapists Act 2005.
page 88
Teacher Registration Bill 2011
Amendments to other Acts Part 9
Other Acts amended Division 2
s. 167
1 (2) Delete section 4(d) and insert:
2
3 (d) the practice of his or her profession by a person
4 who is registered under the Teacher
5 Registration Act 2011.
6
7 167. Prostitution Amendment Act 2008 amended
8 (1) This section amends the Prostitution Amendment Act 2008.
9 (2) Delete section 34.
10 168. Sentencing Act 1995 amended
11 (1) This section amends the Sentencing Act 1995.
12 (2) In Schedule 1 delete the item relating to the Western Australian
13 College of Teaching Act 2004.
14 (3) In Schedule 1 insert in alphabetical order:
15
Teacher Registration Teacher Registration Board Account
Act 2011
16
17 169. Spent Convictions Act 1988 amended
18 (1) This section amends the Spent Convictions Act 1988.
19 (2) In Schedule 3 clause 1(3) in the Table --
20 (a) in item 14 delete "section 7 of the Western Australian
21 College of Teaching Act 2004." and insert:
22
23 the Teacher Registration Act 2011 section 86.
24
25 (b) delete item 15;
page 89
Teacher Registration Bill 2011
Part 9 Amendments to other Acts
Division 2 Other Acts amended
s. 170
1 (c) delete item 16 and insert:
2
16. A person who is registered, or who has applied for
registration, under the Teacher Registration Act 2011.
3
4 (3) In Schedule 3 delete clause 1(4)(d) and insert:
5
6 (d) who has registered or is considering registering the
7 person.
8 170. State Administrative Tribunal Act 2004 amended
9 (1) This section amends the State Administrative Tribunal Act 2004.
10 (2) In Schedule 1 insert in alphabetical order:
11
12 Teacher Registration Act 2011
13
page 90
Teacher Registration Bill 2011
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
accredited initial teacher education programme ...................................................3
application ............................................................................................................3
approved ...............................................................................................................3
assets.................................................................................................................135
Board ....................................................................................................................3
CEO ......................................................................................................................3
child ....................................................................................................................46
child care centre....................................................................................................3
child sex offender ...............................................................................................46
College..............................................................................................................135
commencement day ..........................................................................................135
committee .............................................................................................................3
complainant ..........................................................................................................3
complaint ..............................................................................................................3
condition ...............................................................................................................3
criminal record check ...........................................................................................3
currently teaching .............................................................................................135
Department ...........................................................................................................3
detention centre.....................................................................................................3
disciplinary committee..........................................................................................3
disciplinary matter ..............................................................................................46
document ....................................................................................................... 94(1)
educational programme ........................................................................................3
educational venue .................................................................................................3
employer ...............................................................................................................3
final period................................................................................................... 143(1)
final report ................................................................................................... 143(2)
former Board.....................................................................................................135
impairment..........................................................................................................46
impairment matter...............................................................................................46
impairment review committee ..............................................................................3
information .................................................................................................... 94(1)
inquiry...................................................................................................................3
insolvent ........................................................................................................ 96(3)
interim disciplinary order .....................................................................................3
lawyer ...................................................................................................................3
liability..............................................................................................................135
medical practitioner ..............................................................................................3
nominee ..........................................................................................................3, 17
page 91
Teacher Registration Bill 2011
Defined Terms
prescribed .............................................................................................................3
principal................................................................................................................3
professional standards...........................................................................................3
publish ..............................................................................................................116
register ..................................................................................................................3
register information (professional) ................................................................ 37(1)
register information (public).......................................................................... 37(1)
registered teacher ..................................................................................................3
registration ...........................................................................................................3
reviewable decision ..................................................................................... 124(2)
right...................................................................................................................135
school................................................................................................................135
sexual offence .....................................................................................................46
sexual offence involving a child .....................................................................3, 46
specified....................................................................................................... 149(5)
student...................................................................................................................3
teach......................................................................................................................3
teacher.................................................................................................................46
transitional matter ........................................................................................ 149(2)
WACOT Act.....................................................................................................135
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