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New South Wales
Institute of Teachers Bill 2004
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Meaning of "teacher accreditation authority" 3
5 Mutual recognition laws 5
Part 2 NSW Institute of Teachers
Division 1 Constitution and functions of Institute
6 Constitution of NSW Institute of Teachers 6
7 Functions of Institute 6
8 Ministerial control 7
Division 2 Office of Chairperson
9 Chairperson 7
Institute of Teachers Bill 2004
Contents
Page
Division 3 Board of Governance
10 Establishment of Board of Governance 7
11 Functions of Board 8
Division 4 Quality Teaching Council
12 Establishment and function of Quality Teaching Council 8
13 Membership of Council 8
Division 5 Chief Executive and staff of Institute
14 Chief Executive of Institute 9
15 Staff of Institute 9
Part 3 Roll of teachers
16 Institute to maintain roll of teachers 11
17 Electoral list 11
18 Accreditation list 11
Part 4 Accreditation of teachers
Division 1 Professional teaching standards
19 Minister may approve professional teaching standards 13
20 Matters to be dealt with by professional teaching standards 13
Division 2 Accreditation scheme--general provisions
21 School-based accreditation scheme 14
22 Accreditation decisions to be provided to Institute 14
23 Procedural matters 14
24 General grounds for revocation of accreditation 15
25 Annual fee 15
26 False information and representation 16
27 Review by Administrative Decisions Tribunal of accreditation
decisions 16
Division 3 Mandatory accreditation of new scheme teachers
28 Definitions 17
29 Employment of new scheme teachers 17
30 Provisional accreditation of new scheme teachers 18
31 Conditional accreditation of new scheme teachers 19
32 Accreditation of new scheme teachers at professional
competence level 20
33 Revocation of accreditation of new scheme teachers under
this Division 21
Contents page 2
Institute of Teachers Bill 2004
Contents
Page
Division 4 Mandatory accreditation of transition scheme
teachers
34 Definitions 21
35 Employment of transition scheme teachers 22
36 Conditional accreditation of transition scheme teachers 22
37 Accreditation of transition scheme teachers at professional
competence level 23
38 Revocation of accreditation under this Division of transition
scheme teachers 23
Division 5 Voluntary accreditation
39 Voluntary accreditation of teachers at various levels 23
40 Voluntary accreditation of new scheme and transition
scheme teachers at higher levels 24
41 Application fee 25
Part 5 Miscellaneous
42 Exchange of information 26
43 Institute of Teachers Fund 26
44 Institute may accept gifts, devises or bequests 27
45 Delegations 27
46 Act to bind Crown 28
47 Contracting out void 28
48 Personal liability 28
49 Nature of proceedings for offences 28
50 Recovery of money 28
51 Service of documents on Institute 29
52 Regulations 29
53 Savings and transitional provisions 29
54 Amendment of other Acts 29
55 Review of Act 29
Schedule 1 Provisions relating to members and procedure
of the Board 30
Schedule 2 Provisions relating to members and procedure
of the Council 35
Schedule 3 Savings and transitional provisions 40
Schedule 4 Amendment of Acts 41
Contents page 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, , 2004
New South Wales
Institute of Teachers Bill 2004
Act No , 2004
An Act to constitute the NSW Institute of Teachers; to make provision for
professional teaching standards and the accreditation of school teachers in
relation to those standards; 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.
Chairman of Committees of the Legislative Assembly.
Clause 1 Institute of Teachers Bill 2004
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Institute of Teachers Act 2004.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Definitions
(1) In this Act:
accredited means accredited for the time being under Part 4, and
includes provisionally accredited or conditionally accredited under
that Part.
Board means the Board of Governance established under
section 10.
Chairperson means the person appointed by the Minister under
section 9.
Chief Executive means the Chief Executive of the Institute.
Council means the Quality Teaching Council established under
section 12.
degree means a degree, diploma or similar award conferred by a
tertiary institution approved by the Minister.
Director-General means the Director-General of the Department of
Education and Training.
employ includes engage or appoint.
exercise a function includes perform a duty.
function includes a power, authority or duty.
government school and non-government school have the same
meanings as in the Education Act 1990.
Institute means the NSW Institute of Teachers constituted by this
Act.
Page 2
Institute of Teachers Bill 2004 Clause 4
Preliminary Part 1
professional development includes formal and informal learning
activities designed to maintain and enhance the knowledge and
skills of teachers.
professional teaching standards means the professional teaching
standards approved by the Minister from time to time under
section 19.
roll of teachers means the roll maintained by the Institute under
Part 3.
school means a government school or a non-government school.
teach means 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 (as determined by the Board of
Studies) for primary or secondary schools in accordance with
the Education Act 1990, and
(b) responsibility for assessing student participation,
performance and progress in such courses,
and teacher means a person who is, or is to be, employed to
undertake any such duties (whether or not the person undertakes any
other duties).
teacher accreditation authority--see section 4.
(2) Notes included in this Act do not form part of this Act.
4 Meaning of "teacher accreditation authority"
(1) In this Act, teacher accreditation authority means:
(a) in relation to a government school:
(i) the Director-General, or
(ii) such other person or body as may be approved for the
time being by the Director-General under subsection
(2), or
(b) in relation to a non-government school:
(i) the Minister, or
(ii) such person or body as may be approved for the time
being by the Minister under subsection (4).
Page 3
Clause 4 Institute of Teachers Bill 2004
Part 1 Preliminary
(2) The Director-General may approve a person or body to be the
teacher accreditation authority in relation to a government school or
a particular class of government schools for the purposes of this Act.
(3) The approval of any such person or body by the Director-General:
(a) authorises the person or body to accredit, in accordance with
Part 4, persons at such levels of accreditation as may be
determined by the Director-General, and
(b) is subject to the requirement that the person or body complies
with:
(i) the accreditation procedures and guidelines set out in
the professional teaching standards, and
(ii) the conditions imposed by or under this Act, and
(iii) such other conditions as the Director-General thinks fit
to impose, and
(c) may be suspended or revoked at any time by the Director-
General for such reasons as the Director-General thinks fit.
(4) The Minister may approve a person or body to be the teacher
accreditation authority in relation to a non-government school for
the purposes of this Act. In the case of a non-government school that
is a member of a system of non-government schools approved by
the Minister under Part 7 of the Education Act 1990, the person or
body approved by the Minister under this subsection may be the
approved authority for that system.
(5) The approval of any such person or body by the Minister:
(a) authorises the person or body to accredit, in accordance with
Part 4, persons at such levels of accreditation as may be
determined by the Minister, and
(b) is subject to the requirement that the person or body complies
with:
(i) the accreditation procedures and guidelines set out in
the professional teaching standards, and
(ii) the conditions imposed by or under this Act, and
(iii) such other conditions as the Minister thinks fit to
impose, and
(c) may be suspended or revoked at any time by the Minister if
the Minister is of the opinion that the person or body has
failed to comply with any such requirement.
Page 4
Institute of Teachers Bill 2004 Clause 5
Preliminary Part 1
(6) The suspension or revocation of the approval of a person or body as
a teacher accreditation authority does not affect the accreditation by
that authority of a person under Part 4.
5 Mutual recognition laws
This Act does not limit or otherwise affect the operation of:
(a) the Mutual Recognition Act 1992 of the Commonwealth, or
(b) the Trans-Tasman Mutual Recognition Act 1997 of the
Commonwealth.
Page 5
Clause 6 Institute of Teachers Bill 2004
Part 2 NSW Institute of Teachers
Part 2 NSW Institute of Teachers
Division 1 Constitution and functions of Institute
6 Constitution of NSW Institute of Teachers
(1) There is constituted by this Act a corporation with the corporate
name of the NSW Institute of Teachers.
(2) The Institute is, for the purposes of any Act, a statutory body
representing the Crown.
7 Functions of Institute
(1) The Institute has the functions conferred or imposed on it by or
under this or any other Act.
(2) The functions of the Institute include the following:
(a) to provide advice to the Minister on the development, content
and application of the professional teaching standards,
(b) to provide advice to the Minister on any of the Minister's
other functions under this Act (including the function of
approving persons or bodies as teacher accreditation
authorities in relation to non-government schools or the
suspension or revocation of any such approval),
(c) to advise and assist teacher accreditation authorities in
accrediting persons under this Act,
(d) to monitor the accreditation process across all schools,
(e) to ensure that the professional teaching standards are applied
fairly and consistently.
(3) Without limiting subsection (2), the functions of the Institute
include providing advice to the Minister on:
(a) the approval by the Minister of initial and continuing teacher
education courses or programs that are relevant for the
purposes of accreditation under this Act, and
(b) the approval by the Minister of persons or bodies who may
provide professional development in accordance with the
requirements of the professional teaching standards.
(4) The Institute may delegate to any person or body any of the
functions of the Institute (other than this power of delegation).
Page 6
Institute of Teachers Bill 2004 Clause 8
NSW Institute of Teachers Part 2
(5) The functions of the Institute do not extend to industrial matters
concerning teachers (such as the salaries of teachers or their
conditions of employment).
8 Ministerial control
The Institute is subject to the direction and control of the Minister
(except in relation to the preparation and content of any report or
recommendation made by the Institute to the Minister).
Division 2 Office of Chairperson
9 Chairperson
(1) The Minister is to a appoint a person to hold office as the
Chairperson of the Board.
(2) The same person also holds office as the Chairperson of the Council.
(3) A person may hold office as the Chairperson for terms totalling not
more than 6 years.
(4) The Chairperson has the following functions:
(a) to convey to the Minister the advice of the Institute,
(b) to receive, and pass on to the Board, any directions of the
Minister,
(c) to co-ordinate the functions of the Board and the Council,
(d) to act as spokesperson for the Institute,
(e) to preside at meetings of the Board and the Council.
Note. See also Schedule 1 for other provisions that relate to the Chairperson.
Division 3 Board of Governance
10 Establishment of Board of Governance
(1) There is established by this Act a Board of Governance for the
Institute.
(2) The Board is to consist of the following members:
(a) the Chairperson,
(b) 3 persons appointed by the Minister, being persons having
such experience and expertise as the Minister considers
relevant,
(c) the Chief Executive.
Page 7
Clause 11 Institute of Teachers Bill 2004
Part 2 NSW Institute of Teachers
(3) The Minister, in appointing persons under subsection (2) (b), is to
have regard to achieving an appropriate balance of legal, business,
risk management and financial skills.
(4) Schedule 1 has effect with respect to the members and procedure of
the Board.
11 Functions of Board
(1) The Board has the following functions:
(a) to oversee the functions, finances, strategic direction and
operations of the Institute,
(b) to monitor the management and performance of the Institute,
(c) to govern the affairs of the Institute in accordance with the
directions of the Minister.
(2) The Board must give the Minister any information about the
exercise of the Board's functions that the Minister requests.
Division 4 Quality Teaching Council
12 Establishment and function of Quality Teaching Council
(1) The Quality Teaching Council is established by this Act.
(2) The function of the Council is to provide advice to the Institute in
relation to the exercise of the Institute's functions under this Act.
13 Membership of Council
(1) The Council is to consist of the following members:
(a) 10 persons (the elected members) who are teachers and who
are elected, in accordance with the regulations, by those
persons whose are enrolled on the electoral list referred to in
section 17,
(b) 10 persons appointed by the Minister (the appointed
members),
(c) the Chairperson.
(2) The appointed members are as follows:
(a) a nominee of the NSW Teachers Federation,
(b) a nominee of the NSW/ACT Independent Education Union,
(c) a nominee of the Board of Studies,
(d) a nominee of the Director-General,
Page 8
Institute of Teachers Bill 2004 Clause 14
NSW Institute of Teachers Part 2
(e) a nominee of the Catholic Education Commission, NSW,
(f) a nominee of the Association of Independent Schools of
NSW,
(g) a person who, in the opinion of the Minister, represents the
interests of parents of school-age children,
(h) a nominee of the NSW Teacher Education Council,
(i) 2 persons who, in the opinion of the Minister, represent the
interests of teachers, with at least one such person being a
member of the Professional Teachers' Council NSW.
(3) After the third anniversary of the first election of the elected
members of the Council, each person who is an elected member
must be a teacher who is accredited under Part 4.
(4) A person may hold office as a member of the Council for terms
totalling not more than 6 years.
(5) Schedule 2 has effect with respect to the members and procedure of
the Council.
Division 5 Chief Executive and staff of Institute
14 Chief Executive of Institute
(1) The Chief Executive of the Institute is the person holding or acting
in that office under Chapter 2 of the Public Sector Employment and
Management Act 2002.
(2) The Chief Executive is responsible for the day-to-day management
of the affairs of the Institute subject to, and in accordance with, the
policies and general directions of the Board.
(3) Subsection (2) is subject to any arrangement to the contrary arising
out of the exercise of the Chairperson's functions under section 9
(4).
(4) Any act, matter or thing done in the name of, or on behalf of, the
Institute by the Chief Executive is taken to have been done by the
Institute.
15 Staff of Institute
(1) The staff of the Institute are (subject to this section) to be employed
under Chapter 2 of the Public Sector Employment and Management
Act 2002.
Page 9
Clause 15 Institute of Teachers Bill 2004
Part 2 NSW Institute of Teachers
(2) The Institute may arrange for the use of the services of any staff or
facilities of a government agency. Any person whose services the
Institute makes use of under this subsection is, for the purposes of
this Act, taken to be a member of staff of the Institute.
(3) The Institute may also employ staff for any special purpose
approved by the Minister. Chapter 2 of the Public Sector
Employment and Management Act 2002 does not apply to the
employment of any such staff.
(4) The Institute may engage consultants for the purposes of getting
expert advice.
Page 10
Institute of Teachers Bill 2004 Clause 16
Roll of teachers Part 3
Part 3 Roll of teachers
16 Institute to maintain roll of teachers
(1) The Institute is required to maintain, in printed or electronic form
(or both), a roll of teachers for the purposes of this Act.
(2) The roll of teachers is to consist of 2 parts, namely:
(a) the electoral list, and
(b) the accreditation list.
17 Electoral list
(1) A person is eligible to be enrolled on the electoral list if the person:
(a) is employed as a teacher in New South Wales, or
(b) was employed as a teacher in New South Wales at any time
during the period of 3 years immediately before the date on
which the next election of the elected members of the Council
is due to be held, or
(c) is qualified (but not employed) as a teacher and is employed:
(i) as a member of staff of the Institute, the Department of
Education and Training or the Board of Studies, or
(ii) by any other person or body prescribed by the
regulations.
(2) Any such person is eligible to be included on the electoral list
regardless of whether the person is accredited.
(3) If a person is enrolled on the electoral list, the list is to include the
contact details (if any) provided by the person or otherwise made
available to the Institute.
18 Accreditation list
(1) The accreditation list is to contain the following particulars in
relation to each person who is accredited:
(a) the name and date of birth of the person,
(b) the level at which the person is accredited,
(c) the teacher accreditation authority that accredited the person
and the date on which the person was accredited,
(d) such other particulars as are required by or under this Act or
the regulations to be included on the accreditation list.
Page 11
Clause 18 Institute of Teachers Bill 2004
Part 3 Roll of teachers
(2) The accreditation list is also to contain the details of any decision by
a teacher accreditation authority:
(a) to refuse an application to accredit any person, or
(b) to revoke the accreditation of any person.
(3) The Institute is authorised:
(a) to request and receive any such information from a teacher
accreditation authority, and
(b) to provide any information contained in the accreditation list
to any of the following:
(i) any teacher accreditation authority,
(ii) the person or body responsible for registering or
accrediting teachers under the law of another
jurisdiction,
(iii) any other person or body prescribed by the regulations.
Note. Section 22 requires a teacher accreditation authority to notify the Institute
if the authority makes any accreditation decision under Part 4 in relation to a
person.
See also section 42 which authorises the Institute to enter into information
sharing arrangements with relevant agencies.
Page 12
Institute of Teachers Bill 2004 Clause 19
Accreditation of teachers Part 4
Part 4 Accreditation of teachers
Division 1 Professional teaching standards
19 Minister may approve professional teaching standards
(1) The Minister may, from time to time and having regard to the advice
of the Institute, approve of professional teaching standards in
relation to each of the following levels of accreditation:
(a) provisional accreditation under Division 3,
(b) conditional accreditation under Division 3 or 4,
(c) accreditation at professional competence level under Division
3, 4 or 5,
(d) accreditation at professional accomplishment level under
Division 5,
(e) accreditation at professional leadership level under
Division 5.
(2) The Institute is to ensure that the professional teaching standards are
made available to teacher accreditation authorities and to all
teachers.
20 Matters to be dealt with by professional teaching standards
The professional teaching standards may deal with, and make
provision for or with respect to, the following matters:
(a) the skills, qualifications, experience and knowledge required
for teaching at each level of accreditation,
(b) the conditions and criteria for continuing accreditation,
including requirements in relation to professional
development,
(c) the procedures and guidelines to be followed by teacher
accreditation authorities in relation to the accreditation of
persons under this Part (including the revocation of
accreditation),
(d) the approval by the Minister of initial and continuing teacher
education courses or programs that are relevant to the
accreditation of persons under this Part,
(e) the approval by the Minister of those persons or bodies who
may provide professional development,
Page 13
Clause 21 Institute of Teachers Bill 2004
Part 4 Accreditation of teachers
(f) ethical conduct of teachers,
(g) any other matter relating to teaching standards.
Division 2 Accreditation scheme--general provisions
21 School-based accreditation scheme
(1) The teacher accreditation authority for a school may, in accordance
with this Part:
(a) accredit any person who is employed to teach in the school
(including any person who has applied for a position as a
teacher in the school), and
(b) revoke the accreditation (including the accreditation by
another teacher accreditation authority) of any person:
(i) who is employed to teach in the school, or
(ii) who was previously employed to teach in the school
(but who is no longer employed to teach in that or any
other school).
(2) If a person is accredited under this Part, the person's accreditation
has effect in relation to any school, but is subject to revocation by a
teacher accreditation authority.
(3) The accreditation of a person under this Part is not restricted to
accreditation in relation to a specific area of study or expertise.
Accordingly, a person's accreditation does not, in itself, limit the
areas of study in which the person teaches.
22 Accreditation decisions to be provided to Institute
(1) Any decision by a teacher accreditation authority under this Part in
relation to a person must be notified in writing to the Institute within
21 days after the making of the decision.
(2) In the case of a teacher accreditation authority that is approved by
the Director-General or the Minister under section 4, it is a condition
of the approval that the authority complies with subsection (1).
23 Procedural matters
(1) An application by a person for accreditation under this Part is to be
in the form, and contain the particulars, approved by the Institute.
Page 14
Institute of Teachers Bill 2004 Clause 24
Accreditation of teachers Part 4
(2) If a teacher accreditation authority accredits a person under this
Part, the authority is to issue a certificate of accreditation to the
person in the form approved by the Institute.
(3) The accreditation of a person under this Part is subject to the
conditions imposed by or under this Act or the regulations.
24 General grounds for revocation of accreditation
Without limiting any other provision of this Part, a teacher
accreditation authority may revoke the accreditation of a person
under this Part if:
(a) in the case of a person who is or was employed to teach in a
government school:
(i) a punishment referred to in section 85 (1) (b) or (c) of
the Teaching Services Act 1980 is imposed on the
person, or
(ii) the person's appointment on probation is annulled
under section 48 (2) of that Act, or
(b) in the case of a person who is or was employed to teach in a
non-government school:
(i) the person is convicted of an offence prescribed by the
regulations, or
(ii) the authority is satisfied that the person is a prohibited
person within the meaning of the Child Protection
(Prohibited Employment) Act 1998, or
(c) in either case--the teacher accreditation 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.
25 Annual fee
(1) A person who is accredited under this Part must, in accordance with
the regulations, pay an annual fee to the Institute.
(2) The amount of the annual fee is to be prescribed by the regulations.
(3) It is a condition of the person's accreditation under this Part that the
annual fee is paid.
(4) This section does not apply to a person who is conditionally
accredited under Division 4.
Page 15
Clause 26 Institute of Teachers Bill 2004
Part 4 Accreditation of teachers
26 False information and representation
(1) A person must not, in an application for accreditation under this
Part, provide any information that the person knows is false or
misleading in a material particular.
(2) A person must not make any representation to the effect that the
person is accredited at any level of accreditation unless the person
is for the time being accredited at that level.
Maximum penalty: 50 penalty units.
27 Review by Administrative Decisions Tribunal of accreditation
decisions
(1) A person may apply to the Administrative Decisions Tribunal for a
review of the following decisions:
(a) the refusal or failure by a teacher accreditation authority to
accredit the person under this Part,
(b) the revocation of the person's accreditation by a teacher
accreditation authority under this Part.
(2) Any such decision by a teacher accreditation authority is not
reviewable by any other court or tribunal (including in any
proceedings in the nature of disciplinary proceedings or in any
proceedings for unfair dismissal).
Division 3 Mandatory accreditation of new scheme teachers
Note. New scheme teachers will need to be provisionally or conditionally
accredited under this Division before they may be employed to teach.
Provisional accreditation will be available to a new scheme teacher who has met
the requirements specified in the professional teaching standards for
accreditation at that level (in most cases this means that the person holds full
teaching qualifications) or if the person has completed a teacher education
course approved by the Minister. The person will be required to obtain
accreditation at professional competence level within 3 years after being
provisionally accredited.
Conditional accreditation will be available to a new scheme teacher who has a
degree in a relevant area or has completed a substantial part of a teacher
education course approved by the Minister. Such a person will, however, be
required to undertake professional development or further teacher education
and will have 4 years to obtain accreditation at professional competence level.
The time for obtaining accreditation at professional competence level will vary
in the case of new scheme teachers who are employed on a casual or part-time
basis.
Page 16
Institute of Teachers Bill 2004 Clause 28
Accreditation of teachers Part 4
28 Definitions
In this Division:
approved course means an initial teacher education course or
program approved by the Minister under the professional teaching
standards.
new scheme teacher means:
(a) a person:
(i) who has never been employed to teach in New South
Wales before the relevant date, and
(ii) who is (or who would be) employed as a teacher for the
first time after the relevant date, or
(b) 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 returns, at any time after the relevant date, to
employment as a teacher following a period of at least
5 years during which time the person was not employed
to teach, or
(c) a person who was employed to teach for the first time in New
South Wales during the period of 3 months (or such other
period as may be prescribed by the regulations) immediately
before the relevant date.
Note. The mutual recognition principle (as set out in the legislation referred to
in section 5) in relation to occupations applies in respect of persons who are
"registered" as teachers in certain other jurisdictions.
relevant date means the date on which this Division commences.
29 Employment of new scheme teachers
(1) A person who is a new scheme teacher must not be employed to
teach in a school unless:
(a) the person is accredited, and
(b) in the case of a person who is conditionally accredited under
section 31--the person is working under the on-site
supervision of another teacher (other than a person who is
provisionally or conditionally accredited under this Division
or who is conditionally accredited under Division 4).
Note. Accredited is defined under section 3 to include provisionally or
conditionally accredited under this Division.
Page 17
Clause 30 Institute of Teachers Bill 2004
Part 4 Accreditation of teachers
(2) If, in contravention of this section, a person:
(a) is employed, or
(b) continues to be employed,
the person's employer is guilty of an offence.
Maximum penalty: 100 penalty units.
30 Provisional accreditation of new scheme teachers
(1) A teacher accreditation authority may, on application by a person
who is a new scheme teacher:
(a) provisionally accredit the person, or
(b) refuse to provisionally accredit the person.
(2) A teacher accreditation authority may provisionally accredit any
such person if the authority is satisfied that:
(a) the person meets the requirements specified in the
professional teaching standards for provisional accreditation,
or
(b) the person has completed an approved course and will receive
a qualification in relation to that course.
(3) In the case of a person referred to in subsection (2) (b), it is a
condition of a person's provisional accreditation that the person
provides, as soon as practicable after receiving his or her
qualification in relation to the approved course, the teacher
accreditation authority with evidence of the person's qualification.
(4) The provisional accreditation of a person who is a new scheme
teacher ceases (unless sooner revoked by a teacher accreditation
authority):
(a) at the end of the relevant period, or
(b) if, before the end of the relevant period, the person is
accredited at professional competence level by a teacher
accreditation authority--when the person is accredited at that
level.
(5) In this section:
relevant period, in relation to a person who is provisionally
accredited under this section, means:
(a) if the person is employed on a full-time basis--the period of
3 years (or such longer period as may be determined by the
Page 18
Institute of Teachers Bill 2004 Clause 31
Accreditation of teachers Part 4
Minister in any particular case) following the date on which
the person was provisionally accredited, or
(b) if the person is employed on a casual or part-time basis:
(i) the period determined in accordance with the
regulations to be commensurate with the 3-year period
for persons employed on a full-time basis, or
(ii) such longer period as may be determined by the
Minister in any particular case,
following the date on which the person was provisionally
accredited.
31 Conditional accreditation of new scheme teachers
(1) This section applies to a person who is a new scheme teacher but
who:
(a) does not meet the requirements specified in the professional
teaching standards for provisional accreditation, or
(b) has not completed an approved course.
(2) A teacher accreditation authority may, on application by a person to
whom this section applies:
(a) conditionally accredit the person, or
(b) refuse to conditionally accredit the person.
(3) A teacher accreditation authority may conditionally accredit any
such person if:
(a) the person holds a degree in an area that is relevant to the area
in which the person is or is to be employed to teach, or
(b) the authority is satisfied that the person has completed a
substantial part of an approved course.
(4) It is a condition of a person's conditional accreditation under this
section that the person undertakes such professional development or
further teacher education (or both) as may be determined by the
teacher accreditation authority for the school in which the person is
employed.
(5) In making any determination in relation to a person for the purposes
of subsection (4), the teacher accreditation authority is to have
regard to:
(a) any advice of the Institute, and
(b) the skills, knowledge and relevant experience of the person.
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Clause 32 Institute of Teachers Bill 2004
Part 4 Accreditation of teachers
(6) The conditional accreditation of a person under this section ceases
(unless sooner revoked by a teacher accreditation authority):
(a) at the end of the relevant period, or
(b) if, before the end of the relevant period, the person is
accredited at professional competence level by a teacher
accreditation authority--when the person is accredited at that
level.
(7) In this section:
relevant period, in relation to a person who is conditionally
accredited under this section, means:
(a) if the person is employed on a full-time basis--the period of
4 years (or such longer period as may be determined by the
Minister in any particular case) following the date on which
the person was conditionally accredited, or
(b) if the person is employed on a casual or part-time basis:
(i) the period determined in accordance with the
regulations to be commensurate with the 4-year period
for persons employed on a full-time basis, or
(ii) such longer period as may be determined by the
Minister in any particular case,
following the date on which the person was conditionally
accredited.
32 Accreditation of new scheme teachers at professional competence
level
A teacher accreditation authority may, on application by a person
who is a new scheme teacher:
(a) accredit the person at the professional competence level if:
(i) the person is provisionally accredited under section 30
or conditionally accredited under section 31, and
(ii) the authority is satisfied that the person meets the
requirements for accreditation at professional
competence level, or
(b) refuse to accredit the person at professional competence level.
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Institute of Teachers Bill 2004 Clause 33
Accreditation of teachers Part 4
33 Revocation of accreditation of new scheme teachers under this
Division
A teacher accreditation authority may:
(a) revoke the provisional accreditation of a person under section
30 if the authority is satisfied that the person has failed to
comply with any of the requirements of the professional
teaching standards that apply to the person, or
(b) revoke the conditional accreditation of a person under section
31 if the authority is satisfied that the person has failed to
comply with:
(i) the condition referred to in section 31 (4), or
(ii) any of the requirements of the professional teaching
standards that apply to the person, or
(c) revoke the accreditation of a person who is a new scheme
teacher at professional competence level if the authority is
satisfied that the person has failed to comply with any of the
requirements of the professional teaching standards for
accreditation at professional competence level.
Note. Section 24 provides other grounds for revocation of accreditation.
Division 4 Mandatory accreditation of transition scheme
teachers
34 Definitions
In this Division:
relevant date means the date on which this Division commences.
transition scheme teacher means a person:
(a) who was, at any time before the relevant date, employed to
teach in a school, and
(b) who was not, as at that date, the holder of:
(i) a teaching qualification prescribed by the regulations,
or
(ii) a degree in an area that is relevant to the area in which
the person is employed to teach.
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Clause 35 Institute of Teachers Bill 2004
Part 4 Accreditation of teachers
35 Employment of transition scheme teachers
(1) A person who is a transition scheme teacher must not be employed
to teach in a school unless the person:
(a) is accredited, and
(b) is working under the on-site supervision of another teacher
(other than a person who is provisionally or conditionally
accredited under Division 3 or who is conditionally accredited
under this Division).
Note. Accredited is defined under section 3 to include conditionally accredited
under this Division.
(2) If, in contravention of this section, a person:
(a) is employed, or
(b) continues to be employed,
the person's employer is guilty of an offence.
Maximum penalty: 100 penalty units.
36 Conditional accreditation of transition scheme teachers
(1) A teacher accreditation authority may, on application by a person
who is a transition scheme teacher:
(a) conditionally accredit the person under this section, or
(b) refuse to conditionally accredit the person.
(2) It is a condition of the accreditation of a person under this section
that the person works, to the satisfaction of the teacher accreditation
authority for the school in which the person is or is to be employed,
towards obtaining a degree in an area that is relevant to the area in
which the person is employed to teach.
(3) The conditional accreditation of a person under this section ceases
(unless sooner revoked by a teacher accreditation authority):
(a) 7 years after the date on which the person was conditionally
accredited (or such longer period as the Minister may
determine in any particular case), or
(b) if, before the end of that period, the person is accredited at
professional competence level by a teacher accreditation
authority--when the person is accredited at that level.
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Institute of Teachers Bill 2004 Clause 37
Accreditation of teachers Part 4
37 Accreditation of transition scheme teachers at professional
competence level
A teacher accreditation authority may, on application by a person
who is a transition scheme teacher:
(a) accredit the person at the professional competence level if:
(i) the person is conditionally accredited under section 36,
and
(ii) the authority is satisfied that the person meets the
requirements of the professional teaching standards for
accreditation at professional competence level, or
(b) refuse to accredit the person at professional competence level.
38 Revocation of accreditation under this Division of transition scheme
teachers
A teacher accreditation authority may:
(a) revoke the conditional accreditation of a person who is a
transition scheme teacher if the authority is satisfied that the
person has failed to comply with:
(i) the condition referred to in section 36 (2), or
(ii) any of the requirements of the professional teaching
standards that apply to the person, or
(b) revoke the accreditation of any such person at professional
competence level if the authority is satisfied that the person
has failed to comply with any of the requirements of the
professional teaching standards for accreditation at
professional competence level.
Note. Section 24 provides other grounds for revocation of accreditation.
Division 5 Voluntary accreditation
39 Voluntary accreditation of teachers at various levels
(1) This section applies to any person who is a teacher (other than a new
scheme teacher within the meaning of Division 3 or a transition
scheme teacher within the meaning of Division 4).
(2) A teacher accreditation authority may, on application by a person to
whom this section applies:
(a) accredit the person at any one or more of the following levels:
(i) professional competence level,
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Clause 40 Institute of Teachers Bill 2004
Part 4 Accreditation of teachers
(ii) professional accomplishment level,
(iii) professional leadership level, or
(b) refuse to accredit the person at any such level.
(3) A person may be accredited at more than one such level at any one
time.
(4) A teacher accreditation authority may not accredit a person to whom
this section applies at the level of accreditation in respect of which
the application is made unless the authority is satisfied that the
person meets the requirements for accreditation at that particular
level.
(5) A teacher accreditation authority may revoke the accreditation of a
person at a particular level under this section if the authority is
satisfied that the person has failed to comply with any of the
requirements of the professional teaching standards for
accreditation at that level.
Note. Section 24 provides other grounds for revocation of accreditation.
(6) The revocation of a person's accreditation at professional
competence level under this section operates to revoke the person's
accreditation (if any) at professional accomplishment level or
professional leadership level, or both, under this section.
40 Voluntary accreditation of new scheme and transition scheme
teachers at higher levels
(1) This section applies to any person:
(a) who is a new scheme teacher within the meaning of Division
3 and who is accredited under that Division at professional
competence level, or
(b) who is a transition scheme teacher within the meaning of
Division 4 and who is accredited under that Division at
professional competence level.
(2) A teacher accreditation authority may, on application by a person to
whom this section applies:
(a) accredit the person at either or both of the following levels:
(i) professional accomplishment level,
(ii) professional leadership level, or
(b) refuse to accredit the person at any such level.
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Institute of Teachers Bill 2004 Clause 41
Accreditation of teachers Part 4
(3) A teacher accreditation authority may not accredit a person under
this section at the level of accreditation in respect of which the
application is made unless the authority is satisfied that the person
meets the requirements for accreditation at that particular level.
(4) A teacher accreditation authority may revoke the accreditation of a
person at a particular level under this section if the authority is
satisfied that the person has failed to comply with any of the
requirements of the professional teaching standards for
accreditation at that level.
Note. Section 24 provides other grounds for revocation of accreditation.
(5) The revocation of a person's accreditation at professional
competence level under Division 3 or 4 operates to revoke the
person's accreditation (if any) at professional accomplishment level
or professional leadership level, or both, under this section.
41 Application fee
(1) A person who applies for accreditation under this Division must pay
an application fee to the Institute.
(2) The amount of the application fee is to be prescribed by the
regulations.
(3) If a person applies for accreditation under this Division, the teacher
accreditation authority concerned may refuse to accredit the person
unless the authority is satisfied that the person has paid the
application fee.
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Clause 42 Institute of Teachers Bill 2004
Part 5 Miscellaneous
Part 5 Miscellaneous
42 Exchange of information
(1) The Institute may enter into an arrangement (an information
sharing arrangement) with a relevant agency for the purposes of
sharing or exchanging any information that is held by the Institute
or the agency.
(2) The information to which an information sharing arrangement may
relate is limited to information that assists in the exercise of the
functions of the Minister or Institute under this Act or of the relevant
agency concerned.
(3) Under an information sharing arrangement, the Institute and the
relevant agency are, despite any other Act or law of the State,
authorised:
(a) to request and receive information that is held by the other
party to the arrangement, and
(b) to disclose that information to the other party.
(4) This section does not limit the operation of section 18 (3).
(5) In this section:
relevant agency means any of the following:
(a) the Board of Studies,
(b) the Department of Education and Training,
(c) any teacher accreditation authority,
(d) any university or other tertiary institution,
(e) any other person or body prescribed by the regulations.
43 Institute of Teachers Fund
(1) There is to be established in the Special Deposits Account an
Institute of Teachers Fund (the Fund) into which is to be paid:
(a) the fees payable to the Institute under this Act, and
(b) any money appropriated by Parliament for the purposes of the
Institute, and
(c) the proceeds of any property acquired by the Institute under
section 44, and
(d) any other money required by or under this or any other Act to
be paid into the Fund.
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Institute of Teachers Bill 2004 Clause 44
Miscellaneous Part 5
(2) There is to be paid from the Fund:
(a) all amounts required to meet expenditure incurred by the
Institute in exercising its functions and in the administration
of this Act, and
(b) any allowances paid to members of the Board and the
Council, and
(c) any amount authorised by the Minister to be paid from the
Fund, and
(d) all other payments required by or under this or any other Act
to be paid from the Fund.
(3) The Institute may invest money in the Fund:
(a) in such manner as may be authorised by the Public Authorities
(Financial Arrangements) Act 1987, or
(b) if that Act does not confer power to invest money held by the
Institute, in accordance with and subject to the Trustee Act
1925 and in any other manner approved by the Minister with
the concurrence of the Treasurer.
44 Institute may accept gifts, devises or bequests
(1) The Institute has power to acquire by gift, devise or bequest, any
property for the purposes of this Act.
(2) The Institute may agree to the condition to which any such gift,
devise or bequest is subject.
(3) The rule of law relating to perpetuities does not apply to any
condition to which the Institute has agreed under this section.
45 Delegations
(1) An office holder may delegate to any person any function conferred
or imposed on the office holder by or under this Act, other than this
power of delegation.
(2) In this section:
office holder means the Minister, the Director-General or the
Chairperson.
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Clause 46 Institute of Teachers Bill 2004
Part 5 Miscellaneous
46 Act to bind Crown
(1) This Act binds the Crown in right of New South Wales and, in so far
as the legislative power of the Parliament of New South Wales
permits, the Crown in all its other capacities.
(2) However, nothing in this Act renders the Crown liable to
prosecution for an offence.
47 Contracting out void
(1) The provisions of this Act and the regulations have effect despite
any stipulation to the contrary.
(2) No contract or agreement made or entered into before or after the
commencement of this section operates to annul, vary or exclude
any of the provisions of this Act or the regulations.
48 Personal liability
A matter or thing done or omitted to be done by:
(a) the Institute, or
(b) a member of staff of the Institute, or
(c) a member of the Board or the Council, or
(d) any other person acting under the direction of the Institute, the
Board or the Council,
does not, if the matter or thing was done or omitted to be done in
good faith for the purposes of executing this Act, subject the
member or a person so acting personally to any action, liability,
claim or demand.
49 Nature of proceedings for offences
Proceedings for an offence under this Act or the regulations may be
dealt with summarily before a Local Court.
50 Recovery of money
Any fee due to the Institute may be recovered as a debt in a court of
competent jurisdiction.
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Institute of Teachers Bill 2004 Clause 51
Miscellaneous Part 5
51 Service of documents on Institute
(1) A document may be served on the Institute by leaving it at, or by
sending it by post to:
(a) the office of the Institute, or
(b) if it has more than one office, any one of its offices.
(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
the Institute in any other manner.
52 Regulations
(1) The Governor may make regulations, not inconsistent with this Act,
for or with respect to any matter that by this Act is required or
permitted to be prescribed or that is necessary or convenient to be
prescribed for carrying out or giving effect to this Act.
(2) The regulations may exempt any specified class of persons from any
provision of this Act or the regulations. The exemption of any such
class of person is subject to such conditions as may be prescribed by
the regulations.
(3) The regulations may create an offence punishable by a penalty not
exceeding 50 penalty units.
53 Savings and transitional provisions
Schedule 3 has effect.
54 Amendment of other Acts
Each Act specified in Schedule 4 is amended as set out in that
Schedule.
55 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period
of 3 years from the date of commencement of this Act.
(3) A report on the outcome of the review is to be tabled in each House
of Parliament within 12 months after the end of the period of 3
years.
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Institute of Teachers Bill 2004
Schedule 1 Provisions relating to members and procedure of the Board
Schedule 1 Provisions relating to members and
procedure of the Board
(Section 10 (4))
1 Definitions
In this Schedule:
appointed member means a member of the Board including the
Chairperson but not including the Chief Executive.
member means any member of the Board.
2 Acting members and acting Chairperson
(1) The Minister may, from time to time, appoint a person to act in the
office of an appointed member during the illness or absence of the
member, and the person, while so acting, has and may exercise all
the functions of the member and is taken to be a member.
(2) The Minister may, from time to time, appoint an appointed member
to act in the office of Chairperson during the illness or absence of
the Chairperson, and the appointed member, while so acting, has
and may exercise all the functions of the Chairperson and is taken to
be the Chairperson.
(3) The Minister may remove any person from any office to which the
person was appointed under this clause.
3 Terms of office of appointed members
Subject to this Schedule, an appointed member holds office for such
period (not exceeding 3 years) as is specified in the member's
instrument of appointment, but is eligible (if otherwise qualified) for
re-appointment.
4 Remuneration of appointed members
An appointed member is entitled to be paid such remuneration
(including travelling and subsistence allowances) as the Minister
may from time to time determine in respect of the member.
5 Vacancy in office of appointed member
(1) The office of an appointed member becomes vacant if the member:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
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Institute of Teachers Bill 2004
Provisions relating to members and procedure of the Board Schedule 1
(c) resigns the office by instrument in writing addressed to the
Minister, or
(d) is removed from office by the Minister under this clause, or
(e) is absent from 3 consecutive meetings of the Board of which
reasonable notice has been given to the member personally or
by post, except on leave granted by the Minister or unless the
member is excused by the Minister for having been absent
from those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for
the relief of bankrupt or insolvent debtors, compounds with
his or her creditors or makes an assignment of his or her
remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or more or is
convicted elsewhere than in New South Wales of an offence
that, if committed in New South Wales, would be an offence
so punishable.
(2) The Minister may remove an appointed member from office at any
time.
6 Filling of vacancy in office of appointed member
If the office of any appointed member becomes vacant, a person is,
subject to this Act, to be appointed to fill the vacancy.
7 Disclosure of pecuniary interests
(1) If:
(a) a member has a direct or indirect pecuniary interest in a matter
being considered or about to be considered at a meeting of the
Board, and
(b) the interest appears to raise a conflict with the proper
performance of the member's duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant facts have
come to the member's knowledge, disclose the nature of the interest
at a meeting of the Board.
(2) A disclosure by a member at a meeting of the Board that the
member:
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Institute of Teachers Bill 2004
Schedule 1 Provisions relating to members and procedure of the Board
(a) is a member, or is in the employment, of a specified company
or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which may
arise after the date of the disclosure and which is required to be
disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be
recorded by the Board in a book kept for the purpose and that book
must be open at all reasonable hours to inspection by any person on
payment of the fee determined by the Board.
(4) After a member has disclosed the nature of an interest in any matter,
the member must not, unless the Minister otherwise determines:
(a) be present during any deliberation of the Board with respect
to the matter, or
(b) take part in any decision of the Board with respect to the
matter.
(5) For the purposes of the making of a determination by the Board
under subclause (4), a member who has a direct or indirect
pecuniary interest in a matter to which the disclosure relates must
not:
(a) be present during any deliberation of the Board for the
purpose of making the determination, or
(b) take part in the making by the Board of the determination.
(6) A contravention of this clause does not invalidate any decision of
the Board.
8 Effect of certain other Acts
(1) Chapter 2 of the Public Sector Employment and Management Act
2002 does not apply to or in respect of the appointment of an
appointed member.
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to
devote the whole of his or her time to the duties of that office,
or
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Institute of Teachers Bill 2004
Provisions relating to members and procedure of the Board Schedule 1
(b) prohibiting the person from engaging in employment outside
the duties of that office,
the provision does not operate to disqualify the person from holding
that office and also the office of an appointed member or from
accepting and retaining any remuneration payable to the person
under this Act as an appointed member.
9 General procedure
The procedure for the calling of meetings of the Board and for the
conduct of business at those meetings is, subject to this Act and the
regulations, to be as determined by the Board.
10 Quorum
The quorum for a meeting of the Board is 3 members (one of whom
must be the Chief Executive).
11 Presiding member
(1) The Chairperson (or, in the absence of the Chairperson, another
appointed member elected as Chairperson for that meeting by the
members who are present) is to preside at a meeting of the Board.
(2) The presiding member has a deliberative vote and, in the event of an
equality of votes, has a second or casting vote.
12 Voting
A decision supported by a majority of the votes cast at a meeting of
the Board at which a quorum is present is the decision of the Board.
13 Transaction of business outside meetings or by telephone
(1) The Board may, if it thinks fit, transact any of its business by the
circulation of papers among all the members of the Board for the
time being, and a resolution in writing approved in writing by a
majority of those members is taken to be a decision of the Board.
(2) The Board may, if it thinks fit, transact any of its business at a
meeting at which members (or some members) participate by
telephone, closed-circuit television or other means, but only if any
member who speaks on a matter before the meeting can be heard by
the other members.
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Schedule 1 Provisions relating to members and procedure of the Board
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights as
they have at an ordinary meeting of the Board.
(4) A resolution approved under subclause (1) is, subject to the
regulations, to be recorded in the minutes of the meetings of the
Board.
(5) Papers may be circulated among the members for the purposes of
subclause (1) by facsimile or other transmission of the information
in the papers concerned.
14 First meeting
The Minister may call the first meeting of the Board in such manner
as the Minister thinks fit.
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Institute of Teachers Bill 2004
Provisions relating to members and procedure of the Council Schedule 2
Schedule 2 Provisions relating to members and
procedure of the Council
(Section 13 (5))
1 Definitions
In this Schedule:
appointed member means an appointed member as referred to in
section 13 (1) (b).
elected member means an elected member as referred to in section
13 (1) (a).
member means any member of the Council (including the
Chairperson).
2 Terms of office of appointed and elected members
(1) Subject to this Schedule, an appointed member holds office for such
period (not exceeding 3 years) as is specified in the member's
instrument of appointment, but is eligible (if otherwise qualified) for
re-appointment.
(2) Subject to this Schedule and the regulations, an elected member
holds office for a period of 3 years.
3 Acting appointed and elected members
(1) The Minister may, from time to time, appoint a person to act in the
office of an appointed member during the illness or absence of the
appointed member, and the person, while so acting, has and may
exercise all the functions of the member and is taken to be a
member. The Minister may remove any person from the office to
which the person was appointed under this subclause.
(2) The regulations may provide for the appointment of a person to act
in the office of an elected member during the illness or absence of
the elected member, and the person, while so acting, has and may
exercise all the functions of the member and is taken to be a
member.
4 Remuneration of appointed and elected members
An appointed member or an elected member is entitled to be paid
such remuneration (including travelling and subsistence
allowances) as the Minister may from time to time determine in
respect of the member.
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Institute of Teachers Bill 2004
Schedule 2 Provisions relating to members and procedure of the Council
5 Filling of vacancy in office of appointed or elected members
(1) If the office of any appointed member becomes vacant, a person is,
subject to this Act, to be appointed to fill the vacancy.
(2) If the office of any elected member becomes vacant, the vacancy is
to be filled in accordance with the regulations.
6 Vacancy in office of appointed or elected member
(1) The office of an appointed member or an elected member becomes
vacant if the member:
(a) dies, or
(b) completes a term of office and, in the case of an appointed
member, is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the
Minister, or
(d) is removed from office by the Minister under this clause, or
(e) is absent from 3 consecutive meetings of the Council of which
reasonable notice has been given to the member personally or
by post, except on leave granted by the Minister or unless the
member is excused by the Minister for having been absent
from those meetings, or
(f) becomes bankrupt, applies to take the benefit of any law for
the relief of bankrupt or insolvent debtors, compounds with
his or her creditors or makes an assignment of his or her
remuneration for their benefit, or
(g) becomes a mentally incapacitated person, or
(h) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or more or is
convicted elsewhere than in New South Wales of an offence
that, if committed in New South Wales, would be an offence
so punishable.
(2) The Minister may remove an appointed member from office at any
time.
(3) The Minister may remove an elected member from office at any
time for misbehaviour or incompetence.
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Institute of Teachers Bill 2004
Provisions relating to members and procedure of the Council Schedule 2
7 Disclosure of pecuniary and other conflicts of interests
(1) If:
(a) a member has a direct or indirect pecuniary interest, or any
other interest, in a matter being considered or about to be
considered at a meeting of the Council, and
(b) the interest appears to raise a conflict with the proper
performance of the member's duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant facts have
come to the member's knowledge, disclose the nature of the interest
at a meeting of the Council.
(2) A disclosure by a member at a meeting of the Council that the
member:
(a) is a member, or is in the employment, of a specified company
or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which may
arise after the date of the disclosure and which is required to be
disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be
recorded by the Council in a book kept for the purpose and that book
must be open at all reasonable hours to inspection by any person on
payment of the fee determined by the Institute.
(4) After a member has disclosed the nature of an interest in any matter,
the member must not, unless the Minister or the Council otherwise
determines:
(a) be present during any deliberation of the Council with respect
to the matter, or
(b) take part in any decision of the Council with respect to the
matter.
(5) For the purposes of the making of a determination by the Council
under subclause (4), a member who has a direct or indirect
pecuniary interest, or any other interest, in a matter to which the
disclosure relates must not:
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Institute of Teachers Bill 2004
Schedule 2 Provisions relating to members and procedure of the Council
(a) be present during any deliberation of the Council for the
purpose of making the determination, or
(b) take part in the making by the Council of the determination.
(6) A contravention of this clause does not invalidate any decision of
the Council.
8 General procedure
The procedure for the calling of meetings of the Council and for the
conduct of business at those meetings is, subject to this Act and the
regulations, to be as determined by the Council.
9 Quorum
The quorum for a meeting of the Council is 12 members.
10 Presiding member
(1) The Chairperson or, in the absence of the Chairperson, another
member elected to chair the meeting by the members present is to
preside at a meeting of the Council.
(2) The presiding member has a deliberative vote and, in the event of an
equality of votes, has a second or casting vote.
11 Voting
A decision supported by a majority of the votes cast at a meeting of
the Council at which a quorum is present is the decision of the
Council.
12 Transaction of business outside meetings or by telephone
(1) The Council may, if it thinks fit, transact any of its business by the
circulation of papers among all the members of the Council for the
time being, and a resolution in writing approved in writing by a
majority of those members is taken to be a decision of the Council.
(2) The Council may, if it thinks fit, transact any of its business at a
meeting at which members (or some members) participate by
telephone, closed-circuit television or other means, but only if any
member who speaks on a matter before the meeting can be heard by
the other members.
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Institute of Teachers Bill 2004
Provisions relating to members and procedure of the Council Schedule 2
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights as
they have at an ordinary meeting of the Council.
(4) A resolution approved under subclause (1) is, subject to the
regulations, to be recorded in the minutes of the meetings of the
Council.
(5) Papers may be circulated among the members for the purposes of
subclause (1) by facsimile or other transmission of the information
in the papers concerned.
13 First meeting
The Minister may call the first meeting of the Council in such
manner as the Minister thinks fit.
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Institute of Teachers Bill 2004
Schedule 3 Savings and transitional provisions
Schedule 3 Savings and transitional provisions
(Section 53)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect
from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date
that is earlier than the date of its publication in the Gazette, the
provision does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted
to be done before the date of its publication.
Part 2 Provisions consequent on enactment of this
Act
2 Interim Council
(1) Until such time as the elected members of the Council are elected in
accordance with section 13 (1) (a), the Council is to consist of such
members as may be appointed by the Minister.
(2) Schedule 2 to this Act applies, with such modifications as are
necessary, to and in respect of any such interim Council.
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Institute of Teachers Bill 2004
Amendment of Acts Schedule 4
Schedule 4 Amendment of Acts
(Section 54)
4.1 Education Act 1990 No 8
Section 47 Registration requirements for non-government
schools
Omit section 47 (d). Insert instead:
(d) teaching staff for the school have the necessary
experience and qualifications (having regard to
accreditation under the Institute of Teachers Act 2004
but without limiting such other matters as may be
relevant),
4.2 Public Sector Employment and Management Act 2002 No 43
Schedule 1 Departments
Insert in alphabetical order of Departments:
Institute of Teachers Chief Executive of the Institute
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