TEACHER REGISTRATION (NORTHERN TERRITORY) AMENDMENT BILL 2009 Explanatory Statement

Northern Territory Explanatory Statements

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TEACHER REGISTRATION (NORTHERN TERRITORY) AMENDMENT BILL 2009

2009

LEGISLATIVE ASSEMBLY OF THE
NORTHERN TERRITORY

MINISTER FOR EDUCATION AND TRAINING

TEACHER REGISTRATION (NORTHERN TERRITORY) AMENDMENT BILL 2009

SERIAL NO. 78

EXPLANATORY STATEMENT

GENERAL OUTLINE

§ This Bill proposes a number of amendments to the Teacher Registration (Northern Territory) Act intended to implement critical reforms identified in the Ministerial Council for Education, Early Childhood Development and Youth Affairs National Framework (2003) and the Council of Australian Governments Improving Teacher Quality National Partnership Agreement (2008), particularly in relation to teacher registration and accreditation of initial teacher education courses.
§ The Bill provides clear power for the Teacher Registration Board to accredit initial teacher education programs delivered by tertiary education institutions in the Territory, and implements a new regime of registration providing for provisional (as well as full) registration plus registration renewal requirements based on evidence of ongoing good character, an acceptable level of current professional experience and ongoing professional learning.
§ The Bill also proposes a number of amendments to facilitate the administration of the Act. These new provisions are intended to resolve inconsistencies and omissions in the Act in order to assist the Teachers Registration Board to carry out its functions under the Act.

NOTES ON CLAUSES

Clause 1. Short Title

This is a formal clause which provides for the citation of the Bill. The proposed legislation if passed and assented to would be cited as the Teacher Registration (Northern Territory) Amendment Act 2009.

Clause 2. Commencement

This clause provides for the new legislation to come into effect on a date
to be fixed by the Administrator by notice in the Government Gazette.

Clause 3. Act amended

The Bill seeks to amend the Teacher Registration (Northern Territory) Act.

Clause 4. Amendment to section 3 (Objective of Act)

This clause of the Bill does not seek to alter the stated objective of the current Act but rather seeks to clarify and expand on the qualities expected of registered teachers, given that the term “fit and proper person” in section 33 of the current Act has been narrowed, in section 32 of the Bill, to essentially mean of good character and not disqualified from registration as a teacher.

Clause 5. Amendment of section 4 (Definitions)

This clause of the Bill seeks to clarify (or, in some cases, relocate) the definitions provided in the current Act, and also introduces new terminology necessitated by the proposed introduction of new provisions.

Sub-clause 5(1) proposes a minor amendment intended to bring the wording of the section into line with other legislation. It is of the kind normally dealt with in statute law revision legislation and has no policy implications.

Sub-clause 5(2) proposes the repeal of the current definitions in the Act relating to the terms member and teacher. Both terms have been re-defined as per sub-clause 5(3).

Sub-clause 5(3) proposes the insertion into the Act of new definitions of the following terms (in alphabetical order):

authorised person
Board member
criminal history
education courses
employer
full registration
information notice
inquiry
inquiry committee
interim certificate of registration
investigation panel
investigator
preliminary investigation
prescribed
provisional registration
registration
referee
relevant person
school
teacher
unregistered person

The purpose of the new definitions is as follows:

authorised person means a person in relation to whom an authorisation is, or has been, in effect, as per Part 5 of the Act. This is a new and simplified term developed during the drafting process which replaces the term “person in relation to whom an authorisation is or was in effect” used throughout the current Act.

Board member means a member of the Board appointed under section 7. This is a new and simplified term developed during the drafting process which replaces the term “member” or “member of the Board” used throughout the current Act.

criminal history, of a person, means the person’s criminal record as defined in section 3(1) of the Criminal Records (Spent Convictions) Act. This is a new definition developed during the drafting process intended to clarify the term and ensure consistency with other legislation in operation in the Northern Territory such as the Criminal Records (Spent Convictions) Act and the Care and Protection of Children Act.

education courses means teacher education courses delivered by institutions in the Territory that lead to the prescribed qualifications required for registration. This is a new and simplified term developed during the drafting process as the use of simplified terms is considered preferable.

employer, of a person, means a person who employs the person as a teacher. The purpose of this definition is to clarify the meaning of the term used consistently throughout the Act, particularly in Parts 5 to 8.

full registration means full registration as a teacher granted under section 36(1). This is a new term necessitated by the new provisions, and distinguishes a teacher with “full registration” from a teacher with “provisional registration”.

information notice means a written notice to a person about a decision specifying:

(a) the decision; and

(b) the reasons for the decision; and

(c) the rights of appeal available to the person in relation to the decision and the period within which the appeal must be made.

This is a new term developed during the drafting process and is consistent with the provisions in sections 38, 66, 67 and 69 of the current Act.

inquiry means an inquiry held in accordance with Part 6, Division 4. The purpose of this definition is to clarify the meaning of the term used consistently throughout Part 6.

inquiry committee means a committee appointed under section 60. This is a new and simplified term developed during the drafting process which replaces the term “committee” or “committee of inquiry” used throughout Part 6 of the current Act.

interim certificate of registration means a certificate issued under section 34. The purpose of this definition is to clarify the meaning of the term used in Parts 4 and 7 of the current Act.

investigation panel means a panel appointed under section 55. This is a new term developed during the drafting process and is consistent with the provisions in sections 56 of the current Act.

investigator means the person or persons appointed by the Board under section 55(1) to conduct a preliminary investigation, and includes the Director or an investigation panel. This is a new and simplified term developed during the drafting process as the use of simplified terms is considered preferable.

preliminary investigation means an investigation held in accordance with Part 6, Division 3. The purpose of this definition is to clarify the meaning of the term used consistently throughout Part 6, Division 2 of the current Act.

prescribed means prescribed by regulation. The purpose of this definition is to clarify the meaning of the term used consistently throughout the Act.

provisional registration means provisional registration as a teacher granted under subsection 36(2). This is a new term necessitated by the new provisions, and distinguishes a teacher with “provisional registration” from a teacher with “full registration”.

registration means provisional registration or full registration. The purpose of this definition is to clarify that there are only two types of registration: either provisional registration or full registration.

referee, for a specified person, means each of the following:

(a) a current or previous employer of the specified person;

(b) a registration authority;

(c) an institution at which the specified person is, or was previously, enrolled for the purpose of obtaining a prescribed qualification;

(d) the Commissioner of Police;

(e) the Screening Authority established by section 196 of the Care and Protection of Children Act;

(f) a person nominated by the specified person to give a character reference for the specified person.

This is a new term necessitated by the new provisions in Clause 11 (Section 35) of the Bill (Board may seek further information). The purpose of the term is to clarify who the Board may seek relevant information from, and thus satisfies the Information Privacy Principles.

relevant person means:

(a) a registered teacher; or

(b) a teacher whose registration is suspended; or

(c) a person to whom an authorisation relates if the authorisation is in effect or suspended.

This is a new and simplifed term developed during the drafting process as the use of simplified terms is considered preferable. It relates specifically to the provisions in sections 67A and 67B, for instance.

school, see section 4(1) of the Education Act. The purpose of this definition is to clarify the meaning of the term used consistently throughout the Act.

teacher means:

(a) a person who is qualified to program and deliver a course of instruction at a school and to assess the work of students in relation to that course of instruction; and

(b) for Part 6 – a person who is, or has been, a registered teacher.

Part (a) of the definition of the term is consistent with the definition provided by section 4 of the current Act. Part (b) of the definition of the term is a new and simplified term developed during the drafting process which replaces the term “a person who is or was a registered teacher” used consistently throughout Part 6 of the current Act.

unregistered person means a person who is not registered under this Act. This definition is consistent with section 41 of the current Act and has been relocated from Part 5 of the Act to Section 4 (Definitions).

Sub-clause 5(4) proposes to amend the definition of the term “personal details” provided in Section 4 of the current Act to include the “person’s criminal history” rather than the “results of a criminal history check”. This amendment is necessitated by the term “criminal history” being used consistently throughout the Act rather than the term “criminal history check” or “results of criminal history check”.

Clause 6. Amendment of section 11 (Functions of Board)

Sub-clauses 6(1) and 6(2) of the Bill propose the repeal of the current subsections 11(1)(c) and 11(1)(d) and their replacement with new subsections.

New subsection 11(1)(c) seeks to allow use of the simplified term “an unregistered person” rather than “a person who is not registered”. This amendment has been necessitated by amendments to section 4 (Definitions) and Part 5 (Authorisation to employ unregistered person as teacher) as the use of simplified terms is considered preferable.

New subsection 11(1)(d) allows for the accreditation of education courses and liaison with institutions providing education courses to ensure that they meet the requirements for teaching in the Northern Territory.

This provision is necessary to ensure the recognition of the qualifications of teachers trained in the Territory’s own tertiary institutions. It will also facilitate the process of developing courses of instruction that meet the requirements for appropriate preparation of teachers.

This proposed new power of the Board will ensure that graduates from initial teacher education courses know the initial teacher education course from which they graduate meets the standards set by the Board for initial teacher education courses and that they will be entitled to registration in terms of meeting the Board’s prescribed qualifications for registration.

By being empowered to accredit initial teacher education courses for delivery in the Northern Territory, the Board will be able to participate in the national initiatives to establish a national preservice teacher education accreditation system.

Sub-clause 6(3) seeks to amend subsection 11(1)(j) by clarifying that it is a function of the Board to deal with complaints about teachers, hold preliminary investigations and inquiries in relation to teachers and take disciplinary action under Part 6.

Clause 7. Amendment of section 12 (Powers of Board)

This clause of the Bill intends to amend subsection 12(2) by removing some redundant text and merging some provisions and also expanding the powers of the Board.

It is noteworthy that new subsection 12(2)(a) proposes the merger of subsections 12(2)(a) and 12(2)(b) of the current Act. New subsection 12(2)(b) is an additional power that is implied in the current Act but made explicit in the proposed Bill. It is proposed to amend subsection 12(2)(c) by omitting the redundant word “other”.

New subsections 12(2)(e) and (f) seek to provide the Board’s additional powers.

New subsection 12(2)(e) is necessary to ensure the recognition of the qualifications of teachers trained in the Territory’s own tertiary institutions.

New subsection 12(2)(f) proposes that a referee from whom information is sought about an applicant for registration as a teacher should be required to provide the information, with the permission of the applicant. The new power would allow the Board to seek information from such sources as a current or previous employer of the applicant, a registration authority, a tertiary institution, etc. The amendments are necessary to take account of community expectations as to the kinds of information that should be considered in assessing a person’s qualification to be a teacher.

Clause 8. Repeal of section 13

This clause of the Bill proposes the repeal of the current section 13 provisions concerning determination of a person’s good character for the purposes of registration as a teacher. It is proposed that this section be repealed and replaced with the proposed new section 32.

It is noteworthy that one of the stated objectives of the current Act (see subsection 3(1)) is that “only persons who are fit and proper” are employed as teachers in the Northern Territory. The proposed section 32 refines elements from the current section 13, and now consistently uses the term “fit and proper person” throughout the Act to essentially mean “person of good character”.

Clause 9. New section 26A

This clause of the Bill seeks to insert new section 26A which outlines the various circumstances under which the Board may remove a teacher’s name from the Register of Teachers, consistent with section 40 of the current Act.

It is noteworthy that new section 26A seeks to expand on the provisions in section 40 of the current Act by proposing the insertion into the Act of a new subsection 26A(1)(d) which provides for a person’s name to be removed from the Register of Teachers if the term of a person’s registration ends without being renewed. This insertion is necessary to provide for the introduction of registration renewal requirements.

New subsection 26A(2) seeks to clarify that a person’s registration ceases on the date that a person’s name is removed from the Register under subsection 26A(1)(b) i.e. if the person requests, in writing, that his/her name be removed. This amendment seeks to prevent any confusion about on what date the person’s registration ceases.

New subsection 26A(3) proposes that the Board is not required to refund registration fees on the removal of a name from the register. The current Act is silent on this issue, and to date it has been Board policy to not allow a refund or part-refund of registration fees in these circumstances.

Clause 10. Repeal and substitution of sections 29 and 30

This clause of the Bill proposes that the existing sections 29 and 30 in the Act be repealed and replaced with new provisions concerning public access to the register of teachers. The new provisions are set out in proposed new section 29.

New subsection 29(1) proposes that a person would be allowed to inspect the register and take copies or extracts from it on payment of the prescribed fee.

New subsection 29(2) seeks to require the Board to ensure that only certain details about a person appear on the register for public inspection. The details that may be made available for public inspection are the teacher’s name and registration number and the date to which the teacher’s registration fees have been paid.

The purpose of the public register is for teachers and employers to confirm that a particular teacher holds current registration. This is to assist teachers and employers to comply with the Act. The only details that are necessary in order to achieve this purpose are as listed in proposed subsection 29(2). This satisfies the Information Act and the Information Privacy Principles.

The Register of Teachers is available online and provides easy access for employers and teachers to check currency of a teacher’s registration. The operation of the Electronic Transactions (NT) Act 2000 means the current Act does not need to be amended in order to permit the public register being available electronically (online).

Clause 11. Repeal and substitution of Part 4, Division 2

Clause 11 proposes the repeal and replacement of Part 4, Division 2 of the Act concerning applications for registration as a teacher.

The Bill proposes that those provisions be replaced with a new Part 4, Division 2 containing new subdivisions and sections establishing new registration provisions.

This clause proposes the introduction of two categories of registration, Provisional Registration and Full Registration, and registration renewal requirements by making professional experience and currency of practice requirements for eligibility for registration and registration renewal. These proposed provisions will bring registration practices in the Northern Territory in line with registration practices in all other Australian jurisdictions (excluding the Australian Capital Territory where there is no teacher regulatory authority) and New Zealand.

In the current Act there is only one category of registration (“registered”) and no registration renewal requirements beyond the payment of a registration fee (which limits the Board in meeting its objective of ensuring only competent teachers are registered in the Northern Territory).

The proposed new Subdivision 1 seeks to provide the eligibility criteria for registration.

New section 30 introduces the requirement that to be eligible for Full Registration, applicants must have professional experience and currency of practice. In introducing these criteria for registration, the Board is able to align registration with the Standards of Professional Practice for Competent Teachers. By the introduction of currency of practice as a requirement, the Board is ensuring that new graduate teachers, teachers who have not been practicing for a prolonged period of time and some teachers from overseas, will have a supported entry into, or back into, the profession.

In 2003, the Ministerial Council for Education, Early Childhood Development and Youth Affairs declared that new graduate teachers were not yet competent and required a period of professional practice and professional learning before they meet the standards of practice for competent teachers. New section 31 provides for new graduate teachers and some other cohorts such as teachers who have been absent from the profession for a significant period of time to be granted provisional registration.

Under the provisions of the Mutual Recognition Act and the Trans- Tasman Mutual Recognition Act, persons applying for registration in a new jurisdiction are entitled to the same status and not a lesser status than they hold in their state of origin. The insertion of section 31 means that teachers who hold provisional registration in other jurisdications can be granted provisional registration in the Northern Territory thus ensuring that new graduates and those re-entering the profession are supported in the transition to becoming competent teachers. Equally, in granting full registration, the Board in the Northern Territory will be able to recognise these teachers are competent professionals.

New section 32 is intended to replace section 13 in the current Act - Determination of good character. One of the stated objectives of the Act in section 3(1) is that “only persons who are fit and proper” are employed as teachers in the Northern Territory. The proposed section 32 refines elements from the current section 13, and proposes consistent use of the term “fit and proper person” rather than “person of good character” throughout the Act.

New Subdivision 2 seeks to provide for the application for, and grant of, registration (being either provisional or full registration). Under Part 4, Division 2 of the current Act, a person may only apply for and be granted “registration”.

New section 33 seeks to retain the provisions in subsection 31 of the current Act that only persons who hold the prescribed qualifications may apply for registration. This is an important provision in that it excludes persons who are not qualified from applying for registration rather than such persons being subject to the provisions for refusing registration which are outlined in the new section 40C and are appellable. It is noteworthy that new subsection 33(1)(b) is proposed to be inserted in order to provide that a person who is disqualified from registration in the Northern Territory is not eligible to apply for registration. This is consistent with the amendments to proposed new sections 59 and 64.

New section 33 also seeks to retain most of the provisions in section 32 of the current Act except it proposes the removal of the provisions in subsections 32(1) (c) and (d) of the current Act which are administrative arrangements for the provision of criminal history checks that no longer apply.

New section 34 intends to allow the Director to issue an interim certificate of registration pending a Board decision and is consistent with the provisions of section 35 of the current Act with minor amendments for clarity. This provision is necessary because the Board meets nine times a year to grant registration. This provision allows those teachers who meet all the requirements for registration to be issued an interim certificate of registration which is valid until the next Board meeting thereby entitling them to be employed as teachers during this specific period. This is an important provision in enabling the effective management of the teacher registration process and ensuring the registration process does not unduly delay employment of teachers in Northern Territory schools.

New section 35 seeks to restate and also enhance the provisions of subsection 32(2) of the current Act and empowers the Board to seek additional information from a third party or parties about an applicant for registration. Under the current Act, the Board does not have adequate powers under the existing provisions to seek further information from referees with regard to applicants for registration. The Board must be satisfied in granting registration that the teacher is competent and fit and proper and that it can seek additional information from referees in making its assessment of applicants for registration.

The Board strives to only collect information that is necessary for the Board to perform its functions, and does so in compliance with the Information Privacy Principles. In the first instance the Board seeks to collect personal information about the applicant from the applicant. Only when an applicant is unable to elicit and/or provide the required information, or for some reason the information would need to be verified, would the Board seek to collect the information from another person. This would always be with the permission of the applicant. If the applicant refuses to give permission, then the application would most probably be considered “incomplete” and may, in all likelihood, be refused by the Board on that basis.

New section 36 intends to provide for the Board to grant either provisional or full registration. Under the provisions of the current Act, the Board may only grant registration. The insertion of subsection 36(1) means that teachers who are entitled to Full Registration are granted registration for a period not exceeding 5 years (or another period as prescribed) after which they will be required under the provisions of new section 37 to meet registration renewal requirements. The insertion of subsection 36(2) means that teachers who are entitled to Provisional Registration are granted registration for a period not exceeding 3 years (or another period as prescribed). The periods of 5 and 3 years respectively ending on 31 December of a specified year allow for current practice of the annual registration fees being paid by calendar year.

New Subdivision 3 proposes new provisions that will enable the Board to introduce registration renewal requirements.

Currently, under the provisions of section 39 of the Act, the Board must grant renewal of registration to a registered teacher who makes an application for registration renewal on the approved form and pays the registration fee. This limits the Board’s capacity to ensure only competent teachers continue to be registered to teach in the Territory.
New section 37 proposes that teachers with Full Registration, for instance, who want to renew registration after a period of 5 years, will be required to demonstrate currency of practice, ongoing professional learning and good character. It is intended that the specific requirements for renewal will be outlined in the regulations.

The insertion of section 37 will bring registration renewal practices into line with the practices in other jurisdictions in Australia and indeed, in line with what is usual practice for licensing practitioners in many other professions including the legal, medical and accounting professions.

Currently, under the provisions of section 39 of the Act, the Board is not empowered to request that applicants for registration renewal provide additional information to the Board that it considers necessary to assess ongoing entitlement to registration. This limits the Board’s capacity to assess applications for registration renewal to ensure that only competent and fit and proper persons are registered as teachers in the Northern Territory.

New section 38 intends to allow the Board to seek further information from an applicant for renewal or, with the permission of the applicant, from a referee for the applicant.

The Board strives to only collect information that is necessary for the Board to perform its functions, and does so in compliance with the Information Privacy Principles. In the first instance the Board seeks to collect personal information about the applicant from the applicant. Only when an applicant is unable to elicit and/or provide the required information, or for some reason the information would need to be verified, would the Board seek to collect the information from another person. This would always be with the permission of the applicant. If the applicant refuses to give permission, then the application for renewal would most probably be considered “incomplete” and may, in all likelihood, be refused by the Board on that basis.

New section 39 intends to provide for the grant of renewal.

New subsections 39(1) and 39(3) intend to provide for the Board to grant the renewal of Full Registration for 5 years to those registered teachers who have met the registration renewal requirements.

New subsections 39(2) and 39(4) intend to provide for the Board to grant renewal to a provisionally registered teacher. Provisionally registered teachers normally will be granted one renewal of 2 years duration only, as the intent of provisional registration is that the registered teacher meets the standards of professional practice for competent teachers within 3 years of initial registration.

New subsection 39(5) intends to provide for the Board to impose, vary or revoke conditions on a registration as part of the renewal process. This is consistent with the provisions of section 39 of the current Act.

New Subdivision 4 seeks to gather a number of administrative matters into the one subdivision.

New section 40 seeks to outline in what circumstances the Director must issue a certificate of registration, consistent with subsections 36(2) and 39(5) of the current Act. New section 40 expands on these provisions by allowing for the issue of different registration certificates depending on whether the teacher is provisionally registered or has full registration and allows the Board to include on the certificate the term of the registration and the date to which registration fees have been paid. These new provisions are necessitated by the introduction of the two categories of registration and also the registration renewal requirements.

New section 40A intends to provide for teachers to pay the annual registration fee in a similar manner as provided by section 39 of the current Act. It is intended that the provisions proposed in new sections 39, 40 and 40A disaggregate registration renewal from the payment of the annual registration fee, and this distinction is necessitated by the new provisions relating to registration renewal requirements.

It is noteworthy that new subsection 40A(3) intends to enable the Board to accept a late payment of the annual registration fee in certain circumstances where a teacher’s registration has expired because the annual fee had not been paid. This provision is consistent with the grace period provided by section 39(3) of the current Act and gives the Board a degree of discretion in those instances where the payment of the annual fee has not been made for reasons that satisfy the Board. However, it remains the case that as soon as a teacher’s registration expires because he or she has not paid the annual fee, the teacher is in breach of the Act if he or she is teaching in a school in the Northern Territory.

It is noteworthy that new subsection 40A(4) intends to provide for teachers whose registration has been suspended to maintain their registration by payment of the annual registration fee. This provision ensures that suspension does not exclude a registered teacher from maintaining their registration by payment of the prescribed fees.

New section 40B seeks to provide the Board with the ability to impose, vary or revoke conditions on a person’s registration and is consistent with the provisions in section 36 and subsection 39(4) of the current Act.

New section 40C intends to provide for the circumstances in which the Board may refuse an application. This provision is consistent with section 37 of the current Act (which provides for the circumstances wherein the Board refuses an initial application for registration) but has been extended to also provide for registration renewal. The insertion of these new provisions is necessary given the intention in introducing registration renewal requirements is to empower the Board to better ensure only competent teachers and teachers who are fit and proper are registered; the provisions to refuse an application for registration renewal through due process are necessary in order for the Board to achieve the objective of the Act.

Clause 12. Repeal and substitution of sections 41 to 43

This clause does not seek to change the intent of the provisions relating to the authorisation of employers to employ unregistered persons as teachers except for the removal of the current provisions which relate to the administrative processes for obtaining a criminal history.

New section 41 seeks to provide that an employer may apply for authorisation and is consistent with the provisions in sections 41 and 42 of the current Act except that it seeks to remove the provisions under subsection 42(3) of the current Act which are administrative arrangements for the provision of criminal history checks that no longer apply.

It is noteworthy that new subsection 41(2) seeks to identify those unregistered persons in relation to whom an application for authorisation is not permitted to be made e.g. persons who are disqualified from teaching or whose registration is suspended.

New section 42 seeks to provide for the grant of authorisation and is consistent with the provisions in section 43 of the current Act. Section 43 of the current Act provides the criteria by which the Board will be satisfied the unregistered person is of good character. Under the new section 42 it is proposed that persons applying to be employed under authorisation will be subject to the same requirement to demonstrate they are fit and proper to teach as applicants for registration are under the new section 32. This amendment does not change the intent of the Act, but rather the terminology used.

It is noteworthy that new subsection 42(2) proposes to give the Board the same powers to seek and receive information from referees in relation to an application for authorisation to employ an unregistered person as are provided for applicants for registration in the proposed new subsection 35.

It is noteworthy that new subsection 42(3)(a) intends to clarify the period for which authorisation is granted. For clarity, the use of the term “calendar year” is considered by the Board to be preferable to “school year”.

New section 43 intends to prescribe the action the Board must take if it refuses an application for authorisation. The insertion of this provision will be of assistance to the Board as the current Act is silent on this matter.

Clause 13. Amendment of section 45 (No automatic right of renewal)

This clause intends to clarify the period for which authorisation is granted. The use of the term “calendar year” is considered by the Board to be preferable to “school year” and is consistent with the use of the new term “calendar year” in new subsection 42(3)(a).

Clause 14. Repeal and substitution of Part 6, Divisions 1 to 4

This clause seeks to revise the provisions relating to disciplinary proceedings, and, in particular, the provisions determining when and how the Board may hold a preliminary investigation to more accurately assess whether an inquiry should be held into a complaint against a teacher. The current Act does not make it clear how the Board is to deal with matters notified to the Board by an employer, a teacher, the Police, a registration authority or another source.

New Division 1 (Complaints) intends to deal with complaints about a teacher or authorised person.

New subsection 49(1) seeks to clarify that the complaint must be about the professional conduct of the teacher or authorised person.

New subsection 49(2) seeks to clarify that the Board may dismiss the complaint without taking further action if the Board considers the complaint is frivolous or vexatious or does not relate to the professional conduct of the teacher or authorised person. The proposed amendment seeks to make clear that complaints that don’t relate to professional conduct fall outside the Board’s jurisdiction.

New subsection 49(3) proposes that the Board may do anything to inform itself in order to determine whether it has jurisdiction to investigate a complaint. This amendment is necessary as sometimes it’s not immediately evident if the Board has jurisdiction to investigate when a written complaint is received. It is intended that the person who, acting in good faith, assists the Board in informing itself at this juncture would have the protection from liability provided by new section 76A (clause 22 of the Bill).

New subsection 49(4) seeks to clarify that even when a complaint is dismissed the teacher or authorised person is advised of the complaint and the Board’s decision to dismiss it. This amendment is deemed necessary to ensure natural justice for the teacher concerned.

New subsection 49(5) seeks to clarify that if the complaint is not dismissed, that the employer of the teacher or authorised person is given notice of the complaint. This is consistent with the provisions in section 50(3)(b) of the current Act. Regarding notification to the teacher or authorised person in these cases, this is provided by new sections 56 or 61 (as the case may be).

New Division 2 intends to outline the Board’s functions and powers in relation to preliminary investigations and inquiries.

New section 50 seeks to provide the basis for holding a preliminary investigation or inquiry.

New subsection 50(1) seeks to make clear that this section applies subject to new section 51 (the public interest test in the case of inquiries). This is consistent with section 57(4) of the current Act.

New subsection 50(2) seeks to provide when the Board must hold an inquiry, and is consistent with the provisions of section 57 of the current Act.

New subsection 50(3) seeks to provide when the Board must investigate a matter, whether by inquiry or preliminary investigation, as per the provisions of section 49 of the current Act.

New subsection 50(4) seeks to outline when the Board may investigate a matter, whether by inquiry or preliminary investigation. Currently the Board has limited discretionary powers to decide when a preliminary investigation, rather than an inquiry, may be held. Under section 55 of the current Act the Board can only hold a preliminary investigation into a complaint received under section 50 of the current Act. The current Act does not expressly provide for matters notified to the Board by an employer, a teacher, the NT Police, a registration authority or another source. There are many occasions when a preliminary investigation would be a better option that may or may not lead to a subsequent inquiry. In holding an inquiry, a Committee of Inquiry must be established pursuant to section 60 of the current Act, chaired by a lawyer who has been admitted to the legal profession for at least 5 years, incurring significant expense for the Board.

The purpose of proposed subsection 50(4) is to allow the Board the discretion to establish a preliminary investigation to more accurately assess whether an inquiry should be held following notification by an employer, a teacher, the NT Police, a registration authority, or another source.

New section 51 intends to provide that an inquiry may only be held if in the public interest. This is consistent with the provisions in subsection 57(4) of the current Act.

New section 52 seeks to provide for the exercise of the Board’s power to hold an inquiry and is consistent with the provisions of section 51 and subsection 56(4) of the current Act.

New section 53 seeks to provide when the Board may suspend or impose conditions after receiving notification of a matter and before the outcome of an inquiry is known, as per the provisions of section 54 of the current Act.

New Division 3 (Preliminary investigations) intends to outline the purpose, procedure and result of preliminary investigations.

New section 54 seeks to clarify the purpose of a preliminary investigation. This amendment will give the Board guidance as to whether a preliminary investigation would be a better option to an inquiry. It is noteworthy that reference is made here to new section 58(3) which seeks to limit the actions the Board can take without first holding an inquiry. For instance, the Board may not cancel a teacher’s registration or disqualify a person from teaching as a result of a preliminary investigation, but may suspend a teacher’s registration or impose conditions once it has determined that an inquiry be held. This is consistent with sections 54 and 64 of the current Act.

New section 55 seeks to clarify that a preliminary investigation must be held by the Director or an investigation panel appointed by the Board, as per the provisions of section 56 of the current Act. In this section the new term “investigator” (rather than the phrase “the Director or investigation panel”) has been introduced as the use of simplified terms is considered preferable.

New section 56 seeks to impose an obligation on the Board to issue a written notice about the preliminary investigation to the teacher concerned. This is consistent with the provisions in subsection 50(3)(a) of the current Act.

New section 57 seeks to provide the procedure of a preliminary investigation. The current Act is silent on these provisions. Proposed section 57 has been inserted so these provisions are consistent with the provisions of proposed new section 62 (inquiry proceedings). It is noteworthy that new subsection 57(4) proposes to empower the Board to elicit relevant information from relevant persons as part of the preliminary investigation (a power that the current Act provides in terms of inquiries but not preliminary investigations).

New section 58 seeks to clarify the result of a preliminary investigation.

New subsection 58(1) is consistent with subsection 56(2) of the current Act, with the insertion of an additional provision that the Director or investigation panel may recommend that the Board take specified further action in relation to a teacher or authorised person. It is intended that the specified further action would include the issuing of a formal caution, for instance, as this is sometimes the most appropriate result of a preliminary investigation in those situations when an inquiry is not recommended.

New subsection 58(2) is consistent with subsection 56(3) of the current Act, with the insertion of an additional provision that the Board may take specified further action in relation to a teacher or authorised person, as explained for subsection 58(1) above.

New subsection 58(3) seeks to limit the Board’s actions following a preliminary investigation i.e. it seeks to clarify that the Board may not cancel a teacher’s registration or disqualify a person from teaching as a result of a preliminary investigation, but may suspend a teacher’s registration or impose conditions after deciding to hold an inquiry. This is consistent with the provisions in proposed new sections 53 and 54.

New subsection 58(4) seeks to limit the Board’s decision-making powers with regard to the suspension of registration of a teacher, consistent with subsections 64(2) and 64(3) of the current Act.

New subsection 58(5) is consistent with subsection 56(3) of the current Act, and clarifies that the Board is not bound by the recommendation of the “investigator” (the Director or investigation panel) but must take it into account in making a decision.

New subsection 58(6) intends to clarify that a member of an investigation panel should not take part in a Board decision about the same investigation. It could be perceived as a conflict of interest, so it is considered prudent that this provision be inserted and is in keeping with Board policy on meeting procedure.

New subsection 58(7) introduces the concept of the Board issuing an information notice for a decision under this Division that is appellable, and specifies who is eligible to appeal a decision under this Division.

New Division 4 (Inquiries) intends to outline the purpose, procedure and result of inquiries.

New section 59 seeks to clarify the purpose of an inquiry. This amendment will give the Board guidance as to whether an inquiry would be a better option to a preliminary investigation. New subsection 59(c) provides that the Board may cancel a teacher’s registration or authorisation as a result of an inquiry, in addition to suspending a teacher’s registration or imposing conditions (subsections 59(a) and (b)). This is consistent with section 64 of the current Act.

The proposed insertion of new subsection 59(d) is noteworthy. Part 6 of the current Act is silent on the potential outcome of an inquiry for a teacher who is no longer registered or an authorised person to whom an authorisation is no longer in effect. However, subsection 40(2) of the current Act provides some guidance, that despite a person’s name being removed from the register, a person may be disqualified from registration following an inquiry. The essence of the provisions in subsection 40(2) of the current Act has been inserted into subsection 59(d) of the Bill.

New section 60 seeks to provide for an inquiry committee, consistent with section 60 of the current Act.

It is noteworthy that new subsection 60(2)(a) seeks to clarify that the chairperson of the inquiry committee must be “a legal practitioner who has practised as a legal practitioner in Australia for at least 5 years”, as opposed to “a lawyer who has been admitted to the legal profession for at least 5 years” (as provided by subsection 60(2)(a) of the current Act). This proposed amendment was identified during the drafting process.

New section 61 seeks to provide for the notice of inquiry, consistent with section 58 of the current Act.

New section 62 seeks to provide for the inquiry proceedings, consistent with section 61 of the current Act, and includes notice provisions consistent with 58 and 62 of the current Act.

New section 63 seeks to provide the report of inquiry, consistent with section 63 of the current Act.

New section 64 seeks to provide the decision of the Board following an inquiry, consistent with section 64 of the current Act. It is noteworthy that proposed subsection 64(1)(d) provides the potential outcome of “disqualification” in the case of a teacher who is no longer registered or an authorised person in relation to whom an authorisation is no longer in effect.

It is noteworthy that new subsections 64(2) and 64(3) intend to limit the Board’s decision-making powers with regard to suspensions, cancellations or disqualifications, in keeping with the intent of the current Act.

It is noteworthy that new subsection 64(5) intends to clarify that a member of an inquiry committee should not take part in a Board decision about the same inquiry. It could be perceived as a conflict of interest, so it is considered prudent that this provision be inserted and is in keeping with Board policy on meeting procedure.

New section 65 introduces the concept of the Board issuing an information notice for a decision under section 64 that is appellable, and specifies who is eligible to appeal a decision under this Division.

New Division 4A intends to provide for requests for information.

New section 66 seeks to empower the Board to request information from a teacher. Under the current provisions of the Act, once a teacher is registered, the Board may not request new information except under the provisions of Part 6 of the Act that provide for complaints and inquiries. This is a limitation on the Board’s capacity to meet the objective of the Act that only teachers who are competent and fit and proper are registered as teachers in the NT.

A typical scenario where the Board may require such provisions is the process for registering teachers under the Mutual Recognition principle. Currently, the Board may not request applicants for registration under the Mutual Recognition principle provide a criminal history. This new provision proposes that the Board may request a criminal history from an applicant for registration under the Mutual Recognition principle once the applicant is registered.

The proposed provision will then align registration practice in the Territory with that in other Australian jurisdictions.

New Division 4B (Notifications) intends to gather a number of notice provisions under the same Division.

New section 67 intends to provide for the notices the Board is required to issue to employers and registration authorities, consistent with section 67 of the current Act.

New section 67A intends to provide for the notices an employer must give to the Board, consistent with section 52 of the Act. It is noteworthy that this provision has been enhanced to clarify that the notice must include full details of the event and the circumstances involved. The purpose of this enhancement is to allow the employer to provide the Board with enough information for the Board to more easily determine whether a preliminary investigation or inquiry should be held.

New section 67B intends to provide for the notices a teacher or authorised person must give to the Board, consistent with section 53 of the current Act. It is noteworthy that it is intended that the notice must be given within 14 days after the committal or finding, rather than 28 days as provided by the current Act. This amendment is considered prudent in order to ensure that only persons who are fit and proper are employed as teachers in the Territory.

Clause 15. Amendment of section 69 (Cancellation of registration or authorisation without inquiry)

Clause 15 seeks to amend section 69(1) of the current Act by clarifying that teachers whose registration is suspended also cease to be registered on being found guilty of a sexual offence.

Clause 16. Repeal and substitution of Part 7 heading

Part 7 of the current Act is headed “Offences”. The new heading “General Offences and Appeals” more accurately reflects the contents of Part 7.

As it is proposed that Part 7 provide for both General Offences and Appeals, it follows that Part 7 be divided and it is proposed that Division 1 be headed “General Offences”.

Clause 17. Amendment of section 72 (Offence to employ certain persons)

Sub-clause 17(1) seeks to amend subsection 72(b)(i) by clarifying the contents of an interim certificate of registration, namely that it includes the circumstances under which the Director has issued the interim certificate of registration and that being that the Director reasonably believes the Board is likely to grant the person’s application for registration. This amendment is consistent with the provisions in new subsection 34(2).

Sub-clause 17(1) also seeks to amend subsection 72(b)(ii) by specifying that the interim certificate must be in force under section 34.

Sub-clause 17(2) seeks to amend the penalty provision in section 72 by clarifying that the “penalty” specified is actually a “maximum penalty”.

Clause 18. Amendment of section 73 (Penalty for teaching unregistered or without authorisation)

Sub-clause 18(1) seeks to amend subsection 73(1)(b) by clarifying that a teacher is compliant with the Act if the interim certificate of registration issued to the teacher is in force under section 34. [The current section 73(1)(b) does not specify that the interim certificate of registration must be in force.] The proposed amendment is also consistent with the amendments to new subsection 34(2) and current section 72, namely the circumstances under which the Director has issued the interim certificate of registration and that being that the Director reasonably believes the Board is likely to grant the person’s application for registration.

Clause 19. New section 74A and Part 7, Division 2

This clause seeks to insert a new section and a new division into Part 7 of the Act.

New section 74A seeks to impose an obligation on a person whose registration has been cancelled to return their certificate of registration. The proposed return of the certificate of registration is designed to prevent a cancelled teacher from purporting to be registered when in fact they are not, and will align practice in the NT with that in other jurisdictions.

The proposed new Division 2 (Appeals) gathers together into one section all appellable matters that result from the Board issuing an information notice. The new subsection 74B replaces sections 38 and 66 of the current Act.

Clause 20. Amendment of section 75 (Transfer of information)

This clause seeks to clarify under what circumstances the Police Commissioner would notify the Board of matters. Section 75 requires amendment due to the proposed amendments to Part 6 of the Act.

Clause 21. Amendment of section 76 (Protection from liability)

This clause seeks to amend section 76 in order to extend protection from liability to not only the Director, Board members and committee members, but to members of inquiry committees and investigation panels. This proposed amendment is necessary because the definition of the term “committee” in section 4 of the current Act only includes committees established under section 25 and does not include protection from liability for any other committees or panels convened by the Board under Part 6 of the Act.

Clause 22. New section 76A

This clause proposes the insertion of new subsection 76A which intends to provide protection from liability for persons, acting in good faith, giving information to the Board, an investigation panel or an inquiry committee.

This proposed amendment is necessary because under the provisions of section 62 of the current Act, protection from liability only applies to persons giving information to the Board or a committee of inquiry in relation to an inquiry. The provisions of the current Act have seriously limited the Board’s capacity to undertake preliminary investigations and to investigate complaints without having first to establish a committee of inquiry which is costly and may escalate a matter that in a way that is not warranted or desirable.

Clause 23. Repeal and substitution of section 78

This clause seeks to provide for the Board to obtain comprehensive reports on teachers employed in schools in order to more effectively monitor compliance with the Act. Currently the Act requires an employer to provide the Board with a return listing only those teachers employed as at 1 March each year. The annual returns are currently the only mechanism that enables the Board to monitor compliance with the Act.

New subsection 78(1) requires the employer to specify the names of all teachers employed at any time during the period from 1 January to 1 March of that year.

New subsection 78(2) provides the Board with the ability to request, by written notice, additional information from an employer about a particular person employed to teach at the employer’s school.

New subsection 78(3) provides that the employer must comply with the written notice within 14 days of receiving it or face a maximum penalty of 20 penalty units. The maximum penalty is consistent with the penalty provided by subsection 78(1).

Clause 24. Repeal and substitution of sections 80 and 81

This clause proposes the repeal of sections 80 and 81.

Section 80 of the current Act provides for the fees and charges that are to be paid under this Act. As part of the drafting process it was identified that these provisions should be omitted and instead prescribed in the regulations.

New section 80 is inserted to expressly give the Board the power to approve forms for this Act.

The proposed amendments to section 81 are intended to clarify those matters that the regulations may provide for.

Clause 25. Repeal and substitution of Part 9

This clause seeks to repeal current Part 9 and insert all transitional matters into the regulations, including transitional matters for the Teacher Registration (Northern Territory) Amendment Act 2009.

New section 82 proposes that the transitional matters be prescribed by regulation.

Clause 26. Further amendments

This clause proposes a schedule of minor amendments, namely the use of preferred terminology such as “Board member” instead of “member” and “maximum penalty” instead of “penalty”, all identified as part of the drafting process. The amendments proposed in the schedule to the Bill are of the kind normally contained in Statute Law Revision legislation. There are no policy implications in these proposed amendments.

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