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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Institute of Teachers Amendment Bill
2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Institute of Teachers Act 2004 No 65 2
4 Repeal of Act 2
Schedule 1 Amendments 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2008
New South Wales
Institute of Teachers Amendment Bill
2008
Act No , 2008
An Act to amend the Institute of Teachers Act 2004 to make further provision with
respect to the accreditation of teachers; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Institute of Teachers Amendment Bill 2008
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Institute of Teachers Amendment Act 2008.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Institute of Teachers Act 2004 No 65
The Institute of Teachers Act 2004 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
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Institute of Teachers Amendment Bill 2008
Amendments Schedule 1
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):
accreditation means accreditation under Part 4, and includes
provisional accreditation or conditional accreditation under that
Part.
curriculum means the curriculum for primary or secondary
schools determined by the Board of Studies in accordance with
the Education Act 1990.
serious misconduct means conduct of a type prescribed by the
regulations as serious misconduct for the purposes of this
definition.
[2] Section 3 (1)
Omit the definitions of teach and teacher. Insert instead:
teach--see section 3A.
teacher--see section 3A.
[3] Section 3A
Insert after section 3:
3A Meaning of "teach" and "teacher"
(1) In this Act, teach means to undertake duties in a school that
include (but are not limited to):
(a) the direct delivery of courses of study that are designed to
implement the curriculum and the responsibility for
assessing student participation, performance and progress
in those courses, or
(b) the direct delivery of any other course or program for
primary, secondary or preschool children (being a course
or program prescribed by the regulations, or of a class
prescribed by the regulations, for the purposes of this
definition) and the responsibility for assessing the
participation, performance and progress of children in that
course or program.
(2) A reference in this section to undertaking duties in a school is a
reference to undertaking duties on the premises of a school in the
course of providing services conducted by the school.
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Institute of Teachers Amendment Bill 2008
Schedule 1 Amendments
(3) In this Act, teacher means a person who is, or is to be, employed
to undertake any duties referred to in subsection (1) (whether or
not the person undertakes any other duties).
[4] Section 13 Membership of Council
Omit "third" from section 13 (3). Insert instead "sixth".
[5] Section 13 (4A)
Insert after section 13 (4):
(4A) If a term of office of an elected member of the Council is
extended in accordance with the regulations so that the term
exceeds 3 years, the part of the term that exceeds 3 years is to be
disregarded for the purposes of subsection (4).
[6] Section 18 Accreditation list
Insert at the end of section 18 (2) (b):
, or
(c) to suspend the accreditation of any person.
[7] Section 20 Matters to be dealt with by professional teaching standards
Insert "or suspension" after "revocation" in section 20 (c).
[8] Section 24
Omit the section. Insert instead:
24 General grounds for revocation of accreditation
(1) Without limiting any other provision of this Part, a teacher
accreditation authority may revoke the accreditation of a person
in accordance with this section.
(2) The accreditation of a person who is or was employed as a teacher
may be revoked on any of the following grounds:
(a) the authority is satisfied that the person is a prohibited
person within the meaning of Division 1 of Part 7 of the
Commission for Children and Young People Act 1998,
(b) the person is found guilty of a serious offence, being an
offence prescribed by the regulations, or that is of a class
of offences prescribed by the regulations, for the purposes
of this paragraph,
(c) the person is found guilty more than once in the 5-year
period immediately before the revocation of a non-serious
offence, being an offence prescribed by the regulations, or
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Institute of Teachers Amendment Bill 2008
Amendments Schedule 1
that is of a class of offences prescribed by the regulations,
for the purposes of this paragraph that involves an act or
conduct that would reflect adversely on a teacher's
professional standing or integrity or suitability or
competence to teach,
(d) the authority is satisfied that the person, because of serious
misconduct, has been dismissed from employment as a
teacher (whether permanent, temporary or casual) or has
been included in the list of persons maintained by the
Director-General under section 7 (1) (e) of the Teaching
Service Act 1980 as a person who is not to be employed in
the Teaching Service,
(e) the authority is satisfied that the person has failed to
comply with any condition to which the person's
accreditation is subject.
Note. Sections 33, 38, 39 (5) and 40 (4) provide other grounds for the
revocation of a person's accreditation.
[9] Sections 24A24C
Insert after section 24:
24A Suspension of accreditation
(1) A teacher accreditation authority may suspend the accreditation
of a person:
(a) on any ground on which the authority may revoke the
person's accreditation, or
(b) if disciplinary proceedings against the person are pending
in relation to alleged serious misconduct, or
(c) if proceedings against the person for an offence are
pending and, were the person to be found guilty of the
offence, the authority would have grounds to revoke the
accreditation.
Note. Section 24 (2) (e) provides that one of the grounds for revocation
of accreditation is a failure to comply with a condition of the accreditation.
Section 25 (3) provides that payment of the annual fee is a condition of
accreditation.
(2) A teacher accreditation authority must review the authority's
suspension of a person's accreditation at least every 3 months and
must remove the suspension in the following circumstances:
(a) if the suspension was imposed because of pending
disciplinary proceedings and those proceedings have been
finalised with no finding that the person has engaged in
serious misconduct,
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Institute of Teachers Amendment Bill 2008
Schedule 1 Amendments
(b) if the suspension was imposed because of pending
proceedings for an offence and the person has been found
not guilty of the offence or the proceedings have been
withdrawn or dismissed,
(c) if the suspension was imposed on a ground referred to in
subsection (1) (b) or (c) and a finding that the person has
engaged in serious misconduct has been made against the
person in the relevant disciplinary proceedings, or a
finding of guilt has been made against the person in the
relevant proceedings for an offence, but the authority has
not taken action to revoke the person's accreditation within
a reasonable period having regard to the circumstances of
the case.
(3) Subsection (2) does not apply to the suspension of a person's
accreditation for failure to pay the annual fee required under
section 25.
(4) A person's accreditation is not in force during any period for
which it is suspended.
24B Criteria for determining revocation or suspension of accreditation
on general grounds
A teacher accreditation authority is to take account of the
following matters (where appropriate) when determining
whether to revoke a person's accreditation under section 24 or
suspend a person's accreditation under section 24A:
(a) the nature and seriousness of the conduct concerned,
(b) the frequency of the conduct concerned,
(c) the recency of the conduct concerned,
(d) any other matter that is required to be taken into account
by the procedures and guidelines in the professional
teaching standards (as referred to in section 20 (c)).
24C Notice to be given of intention to suspend or revoke accreditation
(1) A teacher accreditation authority may suspend or revoke a
person's accreditation only after having served on the person
written notice of its intention to suspend or revoke the
accreditation setting out its reasons.
(2) The notice must include a statement that the person concerned
may make submissions to the teacher accreditation authority in
relation to the proposed suspension or revocation within 14 days
after the date of the notice.
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Institute of Teachers Amendment Bill 2008
Amendments Schedule 1
[10] Section 27 Review by Administrative Decisions Tribunal of accreditation
decisions
Insert "or suspension" after "revocation" in section 27 (1) (b).
[11] Section 28 Definitions
Insert at the end of paragraph (c) of the definition of new scheme teacher
before the note to the definition:
, or
(d) a person:
(i) who was, immediately before the relevant date, the
holder of a tertiary or teaching qualification
prescribed by the regulations, and
(ii) who, at any time after the relevant date, commences
to teach following an absence from actual classroom
teaching of 5 or more years, regardless of whether
the person remained employed as a teacher during
that absence.
[12] Section 28, definition of "relevant date"
Insert "or, if the regulations prescribe a different date in respect of a class of
new scheme teachers (either in relation to all of the provisions of this Division
or in respect of specified provisions of this Division), the prescribed date" after
"commences".
[13] Section 28 (2) and (3)
Insert at the end of section 28:
(2) If a teacher accreditation authority certifies in writing that it is of
the opinion that a specified person has undertaken duties in an
area of relevance to the professional teaching standards during a
specified period, that period is taken to be a period of actual
classroom teaching for the purposes of paragraph (d) (ii) of the
definition of new scheme teacher.
(3) The regulations may prescribe duties that are to be taken to be, or
are to be taken not to be, in an area of relevance to the
professional teaching standards for the purposes of the issuing of
a certificate under subsection (2).
[14] Section 29 Employment of new scheme teachers
Insert after section 29 (2):
(3) The employment of a person as a new scheme teacher may be
terminated if the person's accreditation is revoked.
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Institute of Teachers Amendment Bill 2008
Schedule 1 Amendments
(4) A person who is a new scheme teacher may be suspended from
employment as a teacher during any period in which the person's
accreditation is suspended.
(5) For the purposes of subsection (2), a person who is suspended
from employment as a teacher under this section for any period is
taken not to be employed as a teacher during that period.
(6) Nothing in this section requires an employer who terminates or
suspends the employment of a person as a new scheme teacher in
accordance with this Act to provide alternative employment to
the person.
[15] Section 34 Definitions
Insert "or, if the regulations prescribe a different date in respect of a class of
transition scheme teachers (either in relation to all of the provisions of this
Division or in respect of specified provisions of this Division), the prescribed
date" after "commences" in the definition of relevant date.
[16] Section 35 Employment of transition scheme teachers
Insert after section 35 (2):
(3) The employment of a person as a transition scheme teacher may
be terminated if the person's accreditation is revoked.
(4) A person who is a transition scheme teacher may be suspended
from employment as a teacher during any period in which the
person's accreditation is suspended.
(5) For the purposes of subsection (2), a person who is suspended
from employment as a teacher under this section for any period is
taken not to be employed as a teacher during that period.
(6) Nothing in this section requires an employer who terminates or
suspends the employment of a person as a transition scheme
teacher in accordance with this Act to provide alternative
employment to the person.
[17] Section 42A
Insert after section 42:
42A Payment of suspended teachers
(1) A person may be suspended without pay in relation to his or her
employment as a teacher for any period or part of a period during
which that employment is required to be suspended under
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Institute of Teachers Amendment Bill 2008
Amendments Schedule 1
section 29 or 35 as a result of the suspension of the person's
accreditation for a failure to comply with any condition to which
the person's accreditation is subject.
(2) Any amount payable to a person in relation to his or her
employment as a teacher in a government school:
(a) may only be withheld under this section if the
Director-General so directs, and
(b) if so withheld, is forfeited to the State unless the
Director-General otherwise directs.
[18] Section 43 Institute of Teachers Fund
Insert "and charges" after "fees" in section 43 (1) (a).
[19] Section 47 Relationship of Act with other instruments
Omit section 47 (2). Insert instead:
(2) No contract, agreement or industrial instrument operates to
annul, vary or exclude any of the provisions of this Act or the
regulations.
[20] Section 50 Recovery of money
Omit "fee due to the Institute".
Insert instead "fee or charge due and payable under this Act".
[21] Section 51A
Insert after section 51:
51A Service of documents generally
(1) A document that is authorised or required by this Act or the
regulations to be served on any person (other than the Institute)
may be served by:
(a) in the case of a natural person:
(i) delivering it to the person personally, or
(ii) sending it by post to the address specified by the
person for the giving or service of documents or, if
no such address is specified, the residential or
business address of the person last known to the
person giving or serving the document, or
(iii) sending it by facsimile transmission to the facsimile
number of the person, or
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Institute of Teachers Amendment Bill 2008
Schedule 1 Amendments
(b) in the case of a body corporate:
(i) leaving it with a person apparently of or above the
age of 16 years at, or by sending it by post to, the
head office, a registered office or a principal office
of the body corporate or to an address specified by
the body corporate for the giving or service of
documents, or
(ii) sending it by facsimile transmission to the facsimile
number of the body corporate.
(2) Nothing in this section affects the operation of any provision of a
law or of the rules of a court authorising a document to be served
on a person in any other manner.
[22] Section 52 Regulations
Insert after section 52 (1):
(1A) In particular, the regulations may make provision for or with
respect to the following:
(a) fees and charges for services provided under this Act,
including prescribing the basis on which any such fee or
charge is to be determined and the waiver of any such fee
or charge,
(b) without limiting paragraph (a), fees and charges in relation
to the assessment by the Institute, on application, of a
course, program, person or body for the purpose of
providing advice to the Minister under section 7 (3).
[23] Section 55 Review of Act
Omit "The" from section 55 (2). Insert instead "A".
[24] Section 55 (4) and (5)
Insert after section 55 (3):
(4) A further review is to be undertaken as soon as possible after the
period of 5 years from the date of assent to the Institute of
Teachers Amendment Act 2008.
(5) A report on the outcome of the further review is to be tabled
within 12 months after the end of that period of 5 years.
[25] Schedule 3 Savings and transitional provisions
Insert at the end of clause 1 (1):
Institute of Teachers Amendment Act 2008
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Institute of Teachers Amendment Bill 2008
Amendments Schedule 1
[26] Schedule 3, Part 3
Insert after Part 2:
Part 3 Provisions consequent on enactment of
Institute of Teachers Amendment Act 2008
3 Definition
In this Part, amending Act means the Institute of Teachers
Amendment Act 2008.
4 Application of amendments to existing teachers
Paragraph (d) of the definition of new scheme teacher (as
inserted by the amending Act) in section 28 does not apply to a
person's absence from actual classroom teaching during any
period occurring before the relevant date (within the meaning of
section 28 as amended by that Act) if the person was still
employed as a teacher during that period.
5 Suspension and revocation of accreditation
A provision of section 24 or 24A (as inserted by the amending
Act) extends to offences committed before the commencement of
the provision and conduct occurring before that commencement.
6 Contracts, agreements and industrial instruments
Section 47 (2) (as substituted by the amending Act) applies to a
contract, agreement or industrial instrument whether made or
entered into before, on or after the substitution of that subsection.
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