New South Wales Consolidated Acts

INSTITUTE OF TEACHERS ACT 2004 - SECT 28

28 Definitions

(1) 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, 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.

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 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.

(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).