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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Education (Queensland
College of Teachers) Bill 2005
Queensland
Education (Queensland College of
Teachers) Bill 2005
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
3 Main objects of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
4 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
5 Mutual recognition legislation not affected . . . . . . . . . . . . . . . . . . 17
6 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
7 Meaning of harm . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
Chapter 2 Registration and permission to teach
Part 1 Eligibility requirements
8 Eligibility for full registration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
9 Eligibility for provisional registration . . . . . . . . . . . . . . . . . . . . . . . 19
10 Eligibility for permission to teach . . . . . . . . . . . . . . . . . . . . . . . . . 20
11 Suitability to teach--criminal history information . . . . . . . . . . . . . 20
12 Suitability to teach--other considerations . . . . . . . . . . . . . . . . . . 21
Part 2 Making and deciding applications for registration or
permission to teach
Division 1 Applications other than by holders of provisional
registration
13 Application of div 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
14 Application for registration or permission to teach . . . . . . . . . . . . 23
15 Criminal history check etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
16 Requirement to advise applicant of criminal history
information received ............................. 25
17 College's power to obtain further information etc. from applicant. 26
18 Effect of failure by applicant to comply with a request for further
information etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
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Education (Queensland College of Teachers) Bill 2005
19 College may use documents or information to verify application . 27
20 How college may decide application . . . . . . . . . . . . . . . . . . . . . . 27
21 Steps to be taken after college decides application . . . . . . . . . . . 28
Division 2 Application for full registration by holder of provisional
registration
22 Application by holder of provisional registration . . . . . . . . . . . . . . 29
23 Requirements for application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
24 How college may decide application . . . . . . . . . . . . . . . . . . . . . . 29
25 Steps to be taken after college decides application . . . . . . . . . . . 30
Part 3 Period, and renewal or extension, of registration or
permission to teach
Division 1 Period and renewal of full registration and permission to
teach
26 Period and renewal of full registration . . . . . . . . . . . . . . . . . . . . . 31
27 Period and renewal of permission to teach . . . . . . . . . . . . . . . . . 31
28 Application for renewal of full registration or permission to teach 32
29 Requirements for renewal--full registration . . . . . . . . . . . . . . . . . 33
30 Development or recognition of CPL framework by college. . . . . . 34
31 Requirements for renewal--permission to teach . . . . . . . . . . . . . 35
32 How college may decide application for renewal . . . . . . . . . . . . . 35
33 Steps to be taken after college decides application . . . . . . . . . . . 36
Division 2 Period and extension of provisional registration
34 Period of provisional registration . . . . . . . . . . . . . . . . . . . . . . . . . 37
35 Option to extend provisional registration . . . . . . . . . . . . . . . . . . . 37
Part 4 Restoration of full registration
36 When application for restoration of full registration may be made 38
37 Requirements for application for restoration. . . . . . . . . . . . . . . . . 38
38 Application of pt 3, div 1 for restoring full registration. . . . . . . . . . 39
Part 5 Conditions
Division 1 Review, amendment and removal of conditions
39 Application for review of condition . . . . . . . . . . . . . . . . . . . . . . . . 39
40 Review of condition by college . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
41 Amendment or imposition of conditions following a review . . . . . 40
42 Non-contentious amendment of conditions . . . . . . . . . . . . . . . . . 41
43 Cancellation of conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
44 Amending or replacing certificate of registration or certificate of
permission to teach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
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Education (Queensland College of Teachers) Bill 2005
Division 2 Suspension or cancellation of registration or permission to
teach for failing to comply with condition
45 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
46 College to give show cause notice for failing to comply with
condition ...................................... 43
47 College's power to suspend or cancel registration or permission
to teach ...................................... 44
Part 6 Immediate suspension and cancellation of registration or
permission to teach by college
Division 1 Suspension
48 Effect of charge for excluding offence pending charge being
dealt with ..................................... 45
49 College's power to suspend if approved teacher poses
imminent risk of harm to children . . . . . . . . . . . . . . . . . . . . . . . . . 45
50 Requirement to give notice of suspension . . . . . . . . . . . . . . . . . . 45
51 When suspension takes effect . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
52 When suspension ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 2 Review of continuation of suspension
53 Requirement to review continuation of suspension under s 48 . . 47
54 Committee to give notice inviting submissions to approved
teacher ....................................... 47
55 Committee's decision about continuation of suspension . . . . . . . 48
Division 3 Cancellation
56 Cancellation if conviction for excluding offence and
imprisonment or disqualification order imposed . . . . . . . . . . . . . . 48
57 Effect of appeal on cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Division 4 Disqualification order
58 Disqualification order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Part 7 Surrender of registration or permission to teach
59 Surrender of registration or permission to teach . . . . . . . . . . . . . 51
Part 8 Documents evidencing registration or permission to teach
60 Form of certificate of registration . . . . . . . . . . . . . . . . . . . . . . . . . 51
61 Form of certificate of permission to teach . . . . . . . . . . . . . . . . . . 52
62 Replacing certificates of registration or permission to teach . . . . 52
63 Requirements for registration card . . . . . . . . . . . . . . . . . . . . . . . . 52
64 Requirement to return certificate of registration or permission
to teach etc. on suspension or cancellation . . . . . . . . . . . . . . . . . 53
Part 9 Miscellaneous provisions
65 College's power to obtain criminal history etc. in relation to an
approved teacher . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
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Education (Queensland College of Teachers) Bill 2005
66 Payment of annual fee by approved teacher and issue of
registration card to registered teacher . . . . . . . . . . . . . . . . . . . . . 54
67 Effect of suspension on registration or permission to teach . . . . . 55
Chapter 3 Requirements for approved teachers and other persons
Part 1 Giving information to the college
Division 1 Approved teachers
68 Changes in criminal history . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56
69 Requirements for disclosure of changes in criminal history . . . . . 56
70 Failure to disclose changes in criminal history . . . . . . . . . . . . . . . 57
71 Disclosure of other change in circumstances . . . . . . . . . . . . . . . . 57
Division 2 Registered teachers
72 Disclosure about particular changes in teaching status in
another State ................................... 57
Division 3 Other persons
73 Definition for div 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
74 Meaning of prescribed school . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
75 Commissioner of police must notify changes in criminal history . 58
76 Requirement for employing authority to notify college about
particular investigations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
77 Requirement for employing authority to notify college about
particular terminations of employment . . . . . . . . . . . . . . . . . . . . . 60
78 Requirement for employing authority to notify college about
certain other dismissals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
79 College may request information from principal . . . . . . . . . . . . . . 61
80 Requirement for prosecuting authority to notify college about
committal, conviction etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61
81 Protection from liability for employing authorities giving
required notices .................................. 63
Part 2 General offences
82 Only approved teachers may be employed as teachers. . . . . . . . 64
83 Requirement to hold registration or permission to teach to
teach in schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
84 Offence to misrepresent nature of registration or permission
to teach ...................................... 64
85 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 65
86 False, incomplete or misleading documents . . . . . . . . . . . . . . . . 65
Chapter 4 Complaints about teachers
87 Making a complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
88 College may require further information or statutory declaration . 66
89 Refusal to deal with complaint . . . . . . . . . . . . . . . . . . . . . . . . . . . 66
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90 How a complaint must be dealt with . . . . . . . . . . . . . . . . . . . . . . . 68
Chapter 5 Disciplinary action against teachers
Part 1 Preliminary
Division 1 Definitions
91 Definition for ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
92 Grounds for disciplinary action . . . . . . . . . . . . . . . . . . . . . . . . . . . 69
93 Disciplinary matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
94 Show cause matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
95 PP&C matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
96 General matters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71
Division 2 Starting disciplinary proceedings
97 Requirement for college to start disciplinary proceedings . . . . . . 72
98 College may authorise investigation. . . . . . . . . . . . . . . . . . . . . . . 72
99 Proceedings for an offence not prevented by disciplinary
proceedings ................................. 73
Part 2 Show cause matters dealt with by Teachers Disciplinary
Committee
100 Application of pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 74
101 Teachers Disciplinary Committee to give show cause notice . . . . 74
102 Disciplinary action by Teachers Disciplinary
Committee--approved teachers. . . . . . . . . . . . . . . . . . . . . . . . . . 75
103 Disciplinary action by Teachers Disciplinary Committee--former
approved teachers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
104 Notice and effect of committee's decision . . . . . . . . . . . . . . . . . . 76
Part 3 General matters and PP&C matters dealt with by Teachers
Disciplinary Committee
105 Application of pt 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
106 Teachers Disciplinary Committee may authorise investigation. . . 78
107 Application of ch 6, pt 2, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
Part 4 PP&C matters dealt with by PP&C committee
108 Application of pt 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
109 PP&C committee may authorise investigation . . . . . . . . . . . . . . . 79
110 Notice to be given to college if PP&C committee
authorise investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
111 Application of ch 6, pt 1, div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Part 5 Other provisions
112 Reporting of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
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Education (Queensland College of Teachers) Bill 2005
Chapter 6 Disciplinary committees
Part 1 PP&C committee
Division 1 Establishment, membership and functions
113 Establishment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
114 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
115 Functions of PP&C committee . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
Division 2 Disciplinary proceedings of PP&C committee
116 PP&C committee may conduct disciplinary proceedings by
hearing or on correspondence . . . . . . . . . . . . . . . . . . . . . . . . . . . 82
117 Procedure for hearing by PP&C committee . . . . . . . . . . . . . . . . . 82
118 Notice of intention to conduct disciplinary proceedings by
correspondence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83
119 Substituted service on relevant teacher or complainant. . . . . . . . 84
120 PP&C committee may require other information . . . . . . . . . . . . . 84
121 Power of PP&C committee to continue disciplinary proceedings
without receiving relevant teacher's submission. . . . . . . . . . . . . . 84
122 Offence for failing to give information and protection against
self-incrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
123 Disciplinary action by PP&C committee . . . . . . . . . . . . . . . . . . . . 85
Part 2 Teachers Disciplinary Committee
Division 1 Establishment, membership and functions
124 Establishment of Teachers Disciplinary Committee . . . . . . . . . . . 86
125 Members of Teachers Disciplinary Committee . . . . . . . . . . . . . . . 86
126 Chairperson of Teachers Disciplinary Committee . . . . . . . . . . . . 87
127 Constitution of Teachers Disciplinary Committee for disciplinary
proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
128 Payment of members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
129 Functions of Teachers Disciplinary Committee . . . . . . . . . . . . . . 89
Division 2 Disciplinary proceedings conducted by Teachers
Disciplinary Committee
Subdivision 1 Preliminary
130 Application of div 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
131 Parties to disciplinary proceedings. . . . . . . . . . . . . . . . . . . . . . . . 90
Subdivision 2 Proceedings of Teachers Disciplinary Committee
132 Time and place of hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90
133 Notice of intention to conduct hearing . . . . . . . . . . . . . . . . . . . . . 90
134 Substituted service on relevant teacher and complainant . . . . . . 91
135 Pre-hearing conference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
136 Committee may require health assessment . . . . . . . . . . . . . . . . . 92
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137 Hearing open to the public . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 93
138 Attendance and appearance at hearing . . . . . . . . . . . . . . . . . . . . 93
139 Committee may exclude complainant or witness from hearing . . 93
140 Committee may exclude disruptive person from hearing 94
141 Procedure for hearing by committee . . . . . . . . . . . . . . . . . . . . . . 94
142 Committee may require evidence on oath or by statutory
declaration ................................ 95
143 Evidence by telephone, video link or another form of
communication ................................ 95
144 Witnesses. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95
145 Allowance to witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96
146 Provision for witnesses who are children . . . . . . . . . . . . . . . . . . . 96
147 Receiving or adopting findings etc. in other proceedings. . . . . . . 97
148 Committee may proceed in absence of relevant teacher or
may adjourn hearing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
149 Questions to be decided by majority of committee members . . . 98
150 Procedure if committee member unable to participate
further in the disciplinary proceedings . . . . . . . . . . . . . . . . . . . . . 98
151 Inspection of things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
152 Interim orders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
153 Committee to make record of proceedings . . . . . . . . . . . . . . . . . 100
Subdivision 3 Offences about disciplinary proceedings dealt with by
Teachers Disciplinary Committee
154 Offences about attending hearing, answering
questions and related matters ................... 100
155 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . . 101
156 False or misleading documents . . . . . . . . . . . . . . . . . . . . . . . . . . 101
157 Contempt of committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
Subdivision 4 Decision on completion of disciplinary proceedings
158 Decision about whether ground for disciplinary action is
established .................................. 102
159 Ending of suspension if ground for disciplinary action not
established ................................. 102
160 Decision about disciplinary action against approved teacher. . . . 102
161 Decision about disciplinary action against former approved
teacher ................................... 104
162 Committee may make an order prohibiting publication of
particular information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104
Subdivision 5 Action after decision about disciplinary action
163 Notification of committee's decision . . . . . . . . . . . . . . . . . . . . . . . 105
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164 College may notify other persons . . . . . . . . . . . . . . . . . . . . . . . . . 105
165 Requirement to notify particular interstate regulatory
authorities about decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
166 Publication of information about disciplinary proceedings by
college ..................................... 106
Subdivision 6 Effect of decision
167 Effect of committee's decision . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
168 Implementation of decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107
Subdivision 7 Immunities
169 Protection of committee members and other persons . . . . . . . . . 107
Part 3 Miscellaneous provisions for disciplinary proceedings
170 Office to keep record of disciplinary proceedings. . . . . . . . . . . . . 108
171 Payment of costs or penalty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108
Chapter 7 Investigations
Part 1 Investigations by employing authorities
172 Particular investigation may be carried out on college's behalf
by an employing authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109
Part 2 Investigators' functions and powers generally
173 Functions of investigator. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
174 Powers of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
Part 3 Appointment of investigators
175 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110
176 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 110
177 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
178 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 111
179 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111
180 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
Part 4 Powers of investigators
Division 1 Power to obtain information
181 Power to require information or attendance . . . . . . . . . . . . . . . . . 112
182 Offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112
183 Inspection of produced things . . . . . . . . . . . . . . . . . . . . . . . . . . . 113
Division 2 Entry of places
184 Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
Division 3 Procedure for entry
185 Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
186 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
187 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
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Education (Queensland College of Teachers) Bill 2005
188 Warrants--procedure before entry . . . . . . . . . . . . . . . . . . . . . . . . 116
Division 4 Powers after entry
189 General powers after entering places . . . . . . . . . . . . . . . . . . . . . 117
190 Failure to help investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
191 Failure to give information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
Division 5 Power to seize evidence
192 Seizing evidence at public place if entry made when place open 119
193 Seizing evidence at a place that may only be entered with
consent or warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119
194 Securing seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
195 Tampering with seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
196 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120
197 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
198 Dealing with forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
199 Return of seized things. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
200 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Part 5 General investigation matters
201 Investigator's report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
202 Investigator's obligation not to cause unnecessary damage . . . . 122
203 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
204 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 123
205 False or misleading information given to investigator . . . . . . . . . . 124
206 False or misleading documents given to investigator . . . . . . . . . . 124
207 Obstruction of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
208 Impersonation of investigator . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
Chapter 8 Reviews and appeals
Part 1 Reviews
209 Appeal process for particular decisions starts with internal
review ..................................... 125
210 Applying for review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
211 Review committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126
212 College's decision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
213 Notice of review decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Part 2 Appeals
214 Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
215 Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
216 Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
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Education (Queensland College of Teachers) Bill 2005
217 Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
218 Court's powers on appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130
219 Court may prohibit publication of particular information . . . . . . . . 130
Chapter 9 Legal proceedings
Part 1 Evidence
220 Application of pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
221 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
222 Signatures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
223 Evidentiary matters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 132
Part 2 Proceedings
224 Proceedings in the name of the college . . . . . . . . . . . . . . . . . . . . 133
225 Summary proceedings for offences . . . . . . . . . . . . . . . . . . . . . . . 134
226 Allegations of false or misleading information or documents . . . . 134
227 Penalties to be paid to college . . . . . . . . . . . . . . . . . . . . . . . . . . . 134
228 Executive officers must ensure corporation complies with Act. . . 134
Chapter 10 Queensland College of Teachers
Part 1 Establishment, functions and powers of college
229 Establishment of college . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
230 College's functions about registration and permission to teach . . 136
231 College's discipline and enforcement functions . . . . . . . . . . . . . . 137
232 College's other functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
233 Primary considerations of college in performing its functions . . . 138
234 Powers of college . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
235 Professional standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
236 Approval of preservice teacher education programs . . . . . . . . . . 140
Part 2 Board of the college
237 The board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 140
238 Role of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
239 Membership of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 141
240 Requirements for elections. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
241 Nomination by entities for membership of board . . . . . . . . . . . . . 144
242 Term of appointment of members. . . . . . . . . . . . . . . . . . . . . . . . . 144
243 Minister may extend a member's term of appointment. . . . . . . . . 144
244 Chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
245 Deputy chairperson of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . 145
246 Disqualification from membership . . . . . . . . . . . . . . . . . . . . . . . . 145
247 Report about person's criminal history . . . . . . . . . . . . . . . . . . . . . 147
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Education (Queensland College of Teachers) Bill 2005
248 Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147
249 Requirement for board members to disclose changes in
criminal history ................................. 149
250 Leave of absence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149
251 Filling vacancies--board members nominated by Minister or
another entity etc.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 150
252 Filling vacancies--board member elected by registered teachers 151
253 Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
254 Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
255 Quorum for meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
256 Attendance by proxy by member . . . . . . . . . . . . . . . . . . . . . . . . . 152
257 Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
258 Minutes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
259 Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 153
260 Disclosure of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
261 Attendance of director at meetings. . . . . . . . . . . . . . . . . . . . . . . . 155
262 Requirement for board approval before college enters into
agreements ................................. 155
263 Remuneration of board members and committee members . . . . 155
264 Delegation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
265 College is statutory body under the Financial Administration
and Audit Act 1977 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
266 College is statutory body under the Statutory Bodies Financial
Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
267 College's financial year. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
268 Money borrowed other than under the Statutory Bodies
Financial Arrangements Act 1982 . . . . . . . . . . . . . . . . . . . . . . . . 156
269 Budget . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
270 Compliance with approved budget . . . . . . . . . . . . . . . . . . . . . . . . 157
Part 3 Relationship of the college with the Minister
271 Performance of college. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
272 Minister's power to give directions to college . . . . . . . . . . . . . . . . 158
273 Minister's power to require production of document . . . . . . . . . . . 159
274 Ministerial request or direction to be included in college's
annual report ................................ 159
275 College must give annual report to the Minister . . . . . . . . . . . . . . 160
Part 4 Office of the Queensland College of Teachers
276 Establishment of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
277 Office's functions and powers. . . . . . . . . . . . . . . . . . . . . . . . . . . . 160
12
Education (Queensland College of Teachers) Bill 2005
278 Appointment, function and powers of director . . . . . . . . . . . . . . . 160
279 Delegation by director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
280 Acting director . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
281 Office staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
Chapter 11 Miscellaneous
Part 1 Disclosure and use of information
282 Definition for pt 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 161
283 Confidentiality of particular information . . . . . . . . . . . . . . . . . . . . 162
284 Guidelines for dealing with relevant personal information . . . . . . 163
285 College may give information about teachers to commissioner
for children in particular circumstances . . . . . . . . . . . . . . . . . . . . 164
286 College may enter into information sharing arrangement with
commissioner of police. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
287 Other information sharing agreements. . . . . . . . . . . . . . . . . . . . . 165
Part 2 Register of approved teachers
288 Register of approved teachers to be kept. . . . . . . . . . . . . . . . . . . 166
289 Inspection of register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
Part 3 Codes of practice
290 College may develop codes of practice . . . . . . . . . . . . . . . . . . . . 169
291 Inspection of code of practice. . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
292 Use of code of practice in disciplinary proceedings . . . . . . . . . . . 170
Part 4 Other provisions
293 Higher education entities must not misrepresent approval of
preservice teacher education programs . . . . . . . . . . . . . . . . . . . . 170
294 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
295 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
296 Administrative support for college etc. . . . . . . . . . . . . . . . . . . . . . 171
297 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
298 Regulation-making power. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
Chapter 12 Repeal and transitional provisions
Part 1 Interpretation
299 Definitions for ch 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
Part 2 Repeal
300 Repeal of Education (Teacher Registration) Act 1988 . . . . . . . . . 173
Part 3 Provisions relating to former board and college
301 Dissolution of former board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
302 College is legal successor of former board . . . . . . . . . . . . . . . . . 173
303 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
13
Education (Queensland College of Teachers) Bill 2005
304 Conduct of election for new board before commencement . . . . . 174
305 Former board's budget for 2006 . . . . . . . . . . . . . . . . . . . . . . . . . . 174
306 Former board's annual report for 2005. . . . . . . . . . . . . . . . . . . . . 175
307 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 175
308 Proceedings for offences against repealed Act . . . . . . . . . . . . . . 176
309 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 176
310 Continuing effect of Ministerial directions given before
commencement .............................. 177
311 References to former board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
Part 4 Provisions relating to the former office
312 Dissolution of former office. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
313 Staff of former office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 178
Part 5 Provisions relating to registration etc.
314 Existing registrations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 179
315 Existing authorisations to teach . . . . . . . . . . . . . . . . . . . . . . . . . . 179
316 Deciding existing applications for registration . . . . . . . . . . . . . . . 180
317 Deciding existing applications for restoration of registration. . . . . 181
318 Particular higher education courses taken to be approved
preservice teacher education programs . . . . . . . . . . . . . . . . . . . . 181
319 Continuation of existing register until 30 June 2006. . . . . . . . . . . 182
320 Particular matters under repealed Act to be included in register . 182
Part 6 Disciplinary matters
321 Existing show cause procedure . . . . . . . . . . . . . . . . . . . . . . . . . . 182
322 Existing inquiries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 183
323 Suspended registrations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
324 Suspension for charge for excluding offence not to apply to
particular approved teachers . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
325 Disciplinary information received by former board . . . . . . . . . . . . 185
Part 7 Other provisions
326 Document taken to be professional standards . . . . . . . . . . . . . . . 186
327 Document taken to be code of practice . . . . . . . . . . . . . . . . . . . . 186
328 Continuation of existing guidelines . . . . . . . . . . . . . . . . . . . . . . . . 186
Chapter 13 Amendment of Acts
329 Acts amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
Schedule 1 Decisions for which information notice must be given . . . . . 188
Schedule 2 Amendments of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
Commission for Children and Young People and Child
Guardian Act 2000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189
14
Education (Queensland College of Teachers) Bill 2005
Criminal Law (Sexual Offences) Act 1978 . . . . . . . . . . . . . . . . . . 190
Education (General Provisions) Act 1989. . . . . . . . . . . . . . . . . . . 190
Education (Queensland Studies Authority) Act 2002 . . . . . . . . . . 190
Schedule 3 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
2005
A Bill
for
An Act to establish the Queensland College of Teachers, to
confer functions on the college including functions about the
registration of teachers in Queensland and related matters, to
establish the Office of the Queensland College of Teachers, and
for other purposes
s1 16 s3
Education (Queensland College of Teachers) Bill 2005
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
1 Short title 3
This Act may be cited as the Education (Queensland College 4
of Teachers) Act 2005. 5
2 Commencement 6
This Act, other than sections 6, 299 and 304 and schedule 3,1 7
commences on 1 January 2006. 8
3 Main objects of Act 9
(1) The main objects of the Act are-- 10
(a) to uphold the standards of the teaching profession; and 11
(b) to maintain public confidence in the teaching 12
profession; and 13
(c) to protect the public by ensuring education in schools is 14
provided in a professional and competent way by 15
approved teachers. 16
(2) The objects are to be achieved mainly by-- 17
(a) establishing the Queensland College of Teachers; and 18
(b) conferring on the college functions and powers about-- 19
(i) granting registration or permission to teach to 20
persons; and 21
(ii) taking disciplinary action against approved 22
teachers; and 23
1 Sections 6 (Dictionary), 299 (Definitions for ch 12) and 304 (Conduct of election for
new board before commencement) and schedule 3 (Dictionary)
s4 17 s7
Education (Queensland College of Teachers) Bill 2005
(iii) monitoring compliance with and enforcing this 1
Act; and 2
(c) establishing the Office of the Queensland College of 3
Teachers to help the college in the performance of its 4
functions. 5
4 Act binds all persons 6
(1) This Act binds all persons, including the State. 7
(2) This Act does not make the State liable to be prosecuted for an 8
offence. 9
5 Mutual recognition legislation not affected 10
This Act does not affect the operation of the Mutual 11
Recognition (Queensland) Act 1992 or the Trans-Tasman 12
Mutual Recognition (Queensland) Act 2003. 13
6 Dictionary 14
The dictionary in schedule 3 defines particular words used in 15
this Act. 16
7 Meaning of harm 17
(1) Harm, to a child, is any detrimental effect of a significant 18
nature on the child's physical, psychological or emotional 19
wellbeing. 20
(2) It is immaterial how the harm is caused. 21
(3) Harm can be caused by-- 22
(a) physical, psychological or emotional abuse or neglect; 23
or 24
(b) sexual abuse or exploitation. 25
s8 18 s8
Education (Queensland College of Teachers) Bill 2005
Chapter 2 Registration and 1
permission to teach 2
Part 1 Eligibility requirements 3
8 Eligibility for full registration 4
(1) A person is eligible for full registration if the college is 5
reasonably satisfied-- 6
(a) either-- 7
(i) the person has attained the qualifications and 8
experience for full registration prescribed under a 9
regulation; or 10
(ii) the person's education, abilities, experience and 11
contribution to education establish the person 12
meets the requirements under the professional 13
standards for full registration; and 14
15
Example--
16
a person has a teaching qualification that is not a
17
prescribed qualification but has long and meritorious
18
teaching experience in a school, whether or not the school
19
is in Queensland
(b) the person is suitable to teach; and 20
(c) the person meets any other requirements for 21
professional practice for full registration prescribed 22
under a regulation. 23
(2) The requirements mentioned in subsection (1)(a) and (c) are 24
the professional practice requirements for full registration. 25
(3) The requirements mentioned in subsection (1)(a) to (c) are the 26
eligibility requirements for full registration. 27
(4) Without limiting subsection (1), the college may be satisfied 28
the person meets the eligibility requirements for full 29
s9 19 s9
Education (Queensland College of Teachers) Bill 2005
registration by imposing conditions on the registration under 1
section 20.2 2
9 Eligibility for provisional registration 3
(1) A person is eligible for provisional registration if the college 4
is reasonably satisfied-- 5
(a) either-- 6
(i) the person has attained the qualifications for 7
provisional registration prescribed under a 8
regulation; or 9
(ii) the person's education, abilities, experience and 10
contribution to education establish the person 11
meets the requirements under the professional 12
standards for provisional registration; and 13
14
Example--
15
a person has a qualification other than a prescribed
16
qualification, at degree level or higher, from a higher
17
education institution and has long and meritorious
18
teaching experience in a non-school setting, such as a
19
TAFE or higher education institution
(b) the person is suitable to teach; and 20
(c) the person meets any other requirements for 21
professional practice for provisional registration 22
prescribed under a regulation. 23
(2) The requirements mentioned in subsection (1)(a) and (c) are 24
the professional practice requirements for provisional 25
registration. 26
(3) The requirements mentioned in subsection (1)(a) to (c) are the 27
eligibility requirements for provisional registration. 28
(4) Without limiting subsection (1), the college may be satisfied 29
the person meets the eligibility requirements for provisional 30
registration by imposing conditions on the registration under 31
section 20. 32
2 Section 20 (How college may decide application)
s 10 20 s 11
Education (Queensland College of Teachers) Bill 2005
10 Eligibility for permission to teach 1
(1) A person is eligible for permission to teach if the college is 2
reasonably satisfied the person-- 3
(a) has been offered a teaching position in a school and the 4
employing authority for, or principal of, the school can 5
not find an appropriate registered teacher to fill the 6
position; and 7
(b) has knowledge, qualifications, skills or training 8
reasonably considered by the college to be relevant to 9
the teaching position the person has been offered; and 10
(c) is suitable to teach; and 11
(d) meets any other requirements for professional practice 12
for permission to teach prescribed under a regulation. 13
(2) The requirements mentioned in subsection (1)(a) to (d) are the 14
eligibility requirements for permission to teach. 15
(3) Without limiting subsection (1), the college may be satisfied 16
the person meets the eligibility requirements for permission to 17
teach by imposing conditions on the permission under section 18
20. 19
11 Suitability to teach--criminal history information 20
(1) In considering whether a person is suitable to teach, the 21
college must have regard to-- 22
(a) the person's criminal history obtained under section 14 23
or 15; and 24
(b) other information about the person obtained under 25
section 15. 26
(2) If the college is aware the person's criminal history includes a 27
conviction for a serious offence, the college must decide the 28
person is not suitable to teach, unless the college is satisfied it 29
is an exceptional case in which it would not harm the best 30
interests of children for the person to teach. 31
(3) In having regard to the person's criminal history, the college 32
must consider the following matters relating to information 33
about the commission, or alleged or possible commission, of 34
an offence by the person-- 35
s 12 21 s 12
Education (Queensland College of Teachers) Bill 2005
(a) when the offence was committed, is alleged to have 1
been committed or may possibly have been committed; 2
(b) the nature of the offence and its relevance to the duties 3
of a teacher; 4
(c) anything else the college considers relevant to deciding 5
whether the person is suitable to teach. 6
(4) The Criminal Law (Rehabilitation of Offenders) Act 1986 7
does not apply in relation to the college's decision under 8
subsection (2). 9
12 Suitability to teach--other considerations 10
(1) In considering whether a person is suitable to teach, the 11
college must also-- 12
(a) have regard to information held by the college or 13
reasonably available to the college about each of the 14
following matters-- 15
(i) any conviction of the person of an offence against a 16
corresponding law or another law of a foreign 17
country; 18
(ii) if the person has been refused registration as a 19
teacher by an interstate regulatory authority or an 20
overseas regulatory authority--the reason for the 21
refusal; 22
(iii) if the person has been employed by an employing 23
authority for a school and the person's employment 24
was ended by the employing authority for a reason 25
relating to the person's competency or suitability to 26
teach--the reason for the ending of the person's 27
employment; 28
(iv) if the person has been registered under this Act or a 29
former Act or is, or has been, registered under a 30
corresponding law and the registration was 31
affected-- 32
(A) by the imposition of a condition--the nature 33
of the condition and the reasons for its 34
imposition; or 35
s 12 22 s 12
Education (Queensland College of Teachers) Bill 2005
(B) by its suspension or cancellation--the reason 1
for its suspension or cancellation; or 2
(C) in another way--the way it was affected and 3
the reason for it being affected; and 4
(b) consider whether the person is suitable to work in a 5
child-related field. 6
(2) Also, in considering whether a person is suitable to teach the 7
college may have regard to any other matter the college 8
considers relevant, even if the matter happened outside the 9
State. 10
(3) Without limiting section 11 or subsection (1) or (2), a person 11
is not suitable to teach if the person-- 12
(a) behaves in a way that does not satisfy a standard of 13
behaviour generally expected of a teacher; or 14
(b) otherwise behaves in a disgraceful or improper way that 15
shows the person is unfit to be granted registration or 16
permission to teach. 17
(4) In this section-- 18
corresponding law means a law applying, or that applied, in 19
another State, the Commonwealth or a foreign country that 20
provides, or provided, for the same matter as this Act or a 21
provision of this Act. 22
overseas regulatory authority means an entity-- 23
(a) established under the law of another country, other than 24
New Zealand; and 25
(b) that has functions similar to the functions of the college 26
under this Act. 27
s 13 23 s 14
Education (Queensland College of Teachers) Bill 2005
Part 2 Making and deciding 1
applications for registration or 2
permission to teach 3
Division 1 Applications other than by holders 4
of provisional registration 5
13 Application of div 1 6
This division does not apply to a holder of provisional 7
registration who applies for full registration.3 8
14 Application for registration or permission to teach 9
(1) A person, other than an excluded person, may apply to the 10
college for any of the following-- 11
(a) full registration; 12
(b) provisional registration; 13
(c) permission to teach. 14
(2) The application must-- 15
(a) be in the approved form; and 16
(b) be accompanied by each of the following-- 17
(i) the documents or information on which the person 18
relies to establish the person meets the eligibility 19
requirements; 20
(ii) other documents or information, identified in the 21
approved form, reasonably required by the college 22
to decide the application; 23
(iii) any registration application fee or permission to 24
teach application fee prescribed under a regulation; 25
(iv) the registration fee or permission to teach fee 26
prescribed under a regulation; 27
3 See division 2 (Application for full registration by holder of provisional
registration).
s 15 24 s 15
Education (Queensland College of Teachers) Bill 2005
(v) the criminal history check fee prescribed under a 1
regulation. 2
(3) Also, the application must comply with any other 3
requirements prescribed under a regulation. 4
(4) The approved form may require disclosure of the person's 5
criminal history. 6
(5) If the approved form requires the disclosure of the person's 7
criminal history, the Criminal Law (Rehabilitation of 8
Offenders) Act 1986 does not apply to the disclosure. 9
(6) Information contained in or accompanying the application 10
must, if required by the college, be verified by statutory 11
declaration. 12
15 Criminal history check etc. 13
(1) The college must ask the commissioner of police for a written 14
report about the criminal history of an applicant for 15
registration or permission to teach. 16
(2) Also, the college may ask the commissioner of police for the 17
following information about the applicant-- 18
(a) a brief description of the circumstances of a conviction 19
or charge, for an offence, mentioned in the applicant's 20
criminal history; 21
(b) information about any investigation relating to the 22
possible commission of a serious offence by the 23
applicant. 24
(3) For subsections (1) and (2), the college's request may include 25
the following information-- 26
(a) the applicant's name and any other name the college 27
believes the applicant may use or have used; 28
(b) the applicant's gender and date and place of birth. 29
(4) Subject to subsections (5) and (6), the commissioner of police 30
must comply with a request under subsection (1) or (2). 31
(5) The commissioner of police's obligation to comply with the 32
request applies only to information in the possession of the 33
commissioner or to which the commissioner has access. 34
s 16 25 s 16
Education (Queensland College of Teachers) Bill 2005
(6) The commissioner of police must not give information about 1
an investigation relating to the possible commission of a 2
serious offence by the applicant if-- 3
(a) the commissioner is reasonably satisfied that giving the 4
information-- 5
(i) may prejudice or otherwise hinder an investigation 6
to which the information may be relevant; or 7
(ii) may lead to the identification of an informant; or 8
(iii) may affect the safety of a police officer, 9
complainant or other person; or 10
(b) for an investigation that has been completed--the 11
investigation has not led, and the commissioner is 12
reasonably satisfied it is unlikely to lead, to a reasonable 13
suspicion that the applicant committed a serious 14
offence; or 15
(c) for an investigation that has not been completed--the 16
commissioner is reasonably satisfied the investigation is 17
unlikely to lead to a reasonable suspicion that the 18
applicant committed a serious offence. 19
(7) The Criminal Law (Rehabilitation of Offenders) Act 1986 20
does not apply to the asking for, or giving of, the information 21
mentioned in subsection (1) or (2). 22
16 Requirement to advise applicant of criminal history 23
information received 24
(1) This section applies to information received by the college 25
under section 15(4). 26
(2) Before using the information in deciding whether the person 27
is suitable to teach, the college must-- 28
(a) disclose the information to the applicant; and 29
(b) allow the applicant a reasonable opportunity to make 30
representations to the college about the information. 31
s 17 26 s 18
Education (Queensland College of Teachers) Bill 2005
17 College's power to obtain further information etc. from 1
applicant 2
(1) Before deciding an application for registration or permission 3
to teach, the college may, by notice, require the applicant to 4
give the college, within a stated reasonable time, further 5
information or a document the college reasonably requires to 6
decide the application. 7
(2) The time stated in the notice must be at least 28 days after 8
giving the notice. 9
(3) The notice may require further information to be verified by 10
statutory declaration. 11
(4) The applicant may ask the college to extend the time stated in 12
the notice. 13
(5) The request must be-- 14
(a) in writing; and 15
(b) made before the time ends. 16
(6) The college must not refuse a reasonable request for an 17
extension of time. 18
(7) The college may give an applicant-- 19
(a) more than 1 notice under subsection (1); and 20
(b) more than 1 extension of time. 21
18 Effect of failure by applicant to comply with a request for 22
further information etc. 23
The applicant is taken to have withdrawn the application for 24
registration or permission to teach if-- 25
(a) the college gives the applicant a notice under section 26
17(1); and 27
(b) either-- 28
(i) the applicant does not give the college the 29
information or document required within the time 30
required under the notice or an extension of time 31
granted by the college; or 32
s 19 27 s 20
Education (Queensland College of Teachers) Bill 2005
(ii) the applicant does not verify by statutory 1
declaration any information required under the 2
notice to be verified by statutory declaration. 3
19 College may use documents or information to verify 4
application 5
The college may use any documents or information held or 6
obtained by the college to verify information-- 7
(a) contained in or accompanying an application for 8
registration or permission to teach; or 9
(b) obtained by the college under section 17. 10
20 How college may decide application 11
(1) The college must consider an application for registration or 12
permission to teach and-- 13
(a) do any of the following-- 14
(i) for an application for full registration--grant the 15
applicant full or provisional registration, with or 16
without conditions; 17
(ii) for an application for provisional 18
registration--grant the applicant provisional 19
registration, with or without conditions; 20
(iii) for an application for permission to teach--grant 21
the applicant permission to teach, with or without 22
conditions; or 23
(b) refuse to grant the applicant registration or permission to 24
teach. 25
(2) However, the college may grant the applicant registration or 26
permission to teach with a condition only if the college is 27
reasonably satisfied the condition is necessary to ensure the 28
applicant meets the eligibility requirements. 29
30
Examples of conditions the college might impose--
31
· a condition requiring the applicant to complete a course
32
· a condition requiring the supervision of the applicant
33
· a condition restricting the subjects the applicant can teach
s 21 28 s 21
Education (Queensland College of Teachers) Bill 2005
21 Steps to be taken after college decides application 1
(1) If the college decides to grant the application for registration 2
or permission to teach, as soon as practicable after the 3
decision is made the college must-- 4
(a) give the applicant an approval notice; and 5
(b) issue a certificate of registration or a certificate of 6
permission to teach to the applicant; and 7
(c) if the applicant is granted full or provisional 8
registration--issue a registration card for the relevant 9
year to the applicant. 10
(2) However, if the applicant applied for full registration and the 11
college decides to grant the applicant provisional 12
registration-- 13
(a) subsection (1) does not apply; and 14
(b) the college must-- 15
(i) give the applicant an information notice about the 16
college's decision; and 17
(ii) issue a certificate of registration and a registration 18
card for the relevant year to the applicant. 19
(3) If the college decides not to grant the applicant registration or 20
permission to teach, the college must as soon as practicable-- 21
(a) give the applicant an information notice about the 22
college's decision; and 23
(b) refund the registration fee or permission to teach fee 24
paid by the applicant. 25
(4) In this section-- 26
approval notice means a notice stating the following-- 27
(a) the college's decision to grant the applicant full or 28
provisional registration, or permission to teach; 29
(b) if the college decides to grant the registration or 30
permission to teach with conditions-- 31
(i) the conditions and the reasons for them; and 32
s 22 29 s 24
Education (Queensland College of Teachers) Bill 2005
(ii) that the applicant may apply for review of the 1
conditions under section 39;4 2
(c) if the college decides to grant the applicant permission 3
to teach--the period of the permission to teach. 4
relevant year means the registration year starting on the day 5
the registration is granted. 6
Division 2 Application for full registration by 7
holder of provisional registration 8
22 Application by holder of provisional registration 9
A holder of provisional registration may apply for full 10
registration under this division. 11
23 Requirements for application 12
(1) The application must be in the approved form. 13
(2) The application must comply with any other requirements 14
prescribed under a regulation. 15
24 How college may decide application 16
(1) The college must consider the application and-- 17
(a) grant the applicant full registration, with or without 18
conditions; or 19
(b) refuse to grant the applicant full registration. 20
(2) The college may grant the application only if the college is 21
reasonably satisfied-- 22
(a) if the applicant's provisional registration is subject to 1 23
or more conditions--the applicant has fulfilled all of the 24
conditions; and 25
(b) the applicant meets the professional practice 26
requirements for full registration. 27
4 Section 39 (Application for review of condition)
s 25 30 s 25
Education (Queensland College of Teachers) Bill 2005
(3) The college may grant the applicant full registration with a 1
condition only if the college is reasonably satisfied the 2
condition is necessary to ensure the applicant meets the 3
eligibility requirements. 4
25 Steps to be taken after college decides application 5
(1) As soon as practicable after deciding the application, the 6
college must-- 7
(a) if it decides to grant the applicant full registration-- 8
(i) give the applicant an approval notice; and 9
(ii) issue a certificate of registration and a registration 10
card for the rest of the relevant year to the 11
applicant; or 12
(b) if it decides not to grant the applicant full 13
registration--give the applicant an information notice 14
about the decision. 15
(2) In this section-- 16
approval notice means a notice stating the following-- 17
(a) the college's decision to grant the applicant full 18
registration; 19
(b) if the college decides to grant the registration with 20
conditions-- 21
(i) the conditions and the reasons for them; and 22
(ii) that the applicant may apply for review of the 23
conditions under section 39. 24
relevant year means the registration year during which the 25
applicant applies for full registration. 26
s 26 31 s 27
Education (Queensland College of Teachers) Bill 2005
Part 3 Period, and renewal or 1
extension, of registration or 2
permission to teach 3
Division 1 Period and renewal of full 4
registration and permission to 5
teach 6
26 Period and renewal of full registration 7
(1) The period of full registration is 5 years from the day the 8
college grants the registration. 9
(2) However, if the person to whom the registration is granted was 10
the holder of provisional registration, the period of the full 11
registration is reduced by the period for which the person held 12
the provisional registration. 13
14
Example--
15
A person holds provisional registration for 1 year before being granted
16
full registration. The initial period of the person's full registration would
17
be 4 years.
(3) At the end of the period of the registration, the registration 18
ends. 19
(4) However, if an application for renewal of the registration is 20
made before the period of the registration ends, the 21
registration is taken to continue until the application is 22
decided. 23
(5) Full registration may be renewed for further periods of 5 24
years. 25
27 Period and renewal of permission to teach 26
(1) The period of a permission to teach is the period stated in the 27
certificate of permission to teach issued to the holder of the 28
permission. 29
(2) The stated period must not be longer than 2 years from the day 30
the college grants the permission. 31
s 28 32 s 28
Education (Queensland College of Teachers) Bill 2005
(3) Permission to teach may be renewed for further periods not 1
longer than 2 years each. 2
(4) However, a permission to teach may be renewed only if the 3
holder has held the permission continuously for at least 2 4
years. 5
(5) At the end of the period of the permission to teach, the 6
permission to teach ends. 7
(6) If an application for renewal of permission to teach is made 8
before the period of the permission to teach ends, the 9
permission to teach is taken to continue until the application is 10
decided. 11
28 Application for renewal of full registration or permission 12
to teach 13
(1) A person, other than an excluded person, may apply to the 14
college for the renewal of-- 15
(a) full registration; or 16
(b) permission to teach. 17
(2) The application must-- 18
(a) be made before the person's registration or permission 19
to teach ends but not earlier than-- 20
(i) for renewing full registration--6 months before the 21
registration ends; or 22
(ii) for renewing permission to teach--3 months 23
before the permission to teach ends; and 24
(b) be in the approved form; and 25
(c) be accompanied by each of the following-- 26
(i) documents or information, identified in the 27
approved form, reasonably required by the college 28
to decide the application; 29
(ii) the annual fee; 30
(iii) if the application is for renewal of permission to 31
teach--the criminal history check fee prescribed 32
under a regulation. 33
s 29 33 s 29
Education (Queensland College of Teachers) Bill 2005
(3) Also, the application must comply with any other 1
requirements prescribed under a regulation. 2
(4) The approved form may require disclosure of the person's 3
criminal history. 4
(5) If the approved form requires the disclosure of the person's 5
criminal history, the Criminal Law (Rehabilitation of 6
Offenders) Act 1986 does not apply to the disclosure. 7
(6) Information contained in or accompanying the application 8
must, if required by the college, be verified by statutory 9
declaration. 10
29 Requirements for renewal--full registration 11
(1) This section applies in relation to a person who applies for 12
renewal of full registration under section 28. 13
(2) The college may renew the person's registration if the college 14
is reasonably satisfied-- 15
(a) the person is suitable to teach; and 16
(b) each condition of the person's registration (if any)-- 17
(i) has been fulfilled; or 18
(ii) is being complied with at the time the college 19
considers the application for renewal; and 20
(c) the person has practised as a teacher, whether or not on a 21
full-time basis, for a period that is-- 22
(i) of at least the duration prescribed under a 23
regulation; and 24
(ii) within the period prescribed under a regulation; 25
and 26
(d) the person has undertaken, during the relevant period of 27
registration, the continuing professional learning 28
required for registered teachers under the CPL 29
framework. 30
(3) If the college is reasonably satisfied the person meets the 31
requirements under subsection (2)(a) and (b) but does not 32
meet the recency of practice requirement stated in subsection 33
s 30 34 s 30
Education (Queensland College of Teachers) Bill 2005
(2)(c), the college must renew the person's registration subject 1
to a returning to teaching condition. 2
(4) For renewing full registration under subsection (3), the 3
requirement mentioned in subsection (2)(d) need not be met. 4
(5) For deciding whether the person is suitable to teach, sections 5
15 to 19 apply, with any necessary changes, as if-- 6
(a) the application for renewal were an application for 7
registration; and 8
(b) the applicant for renewal were an applicant for 9
registration; and 10
(c) the renewal of the registration were the grant of the 11
registration. 12
(6) In this section-- 13
relevant period of registration means the period of the 14
registration during which the application for renewal is made. 15
30 Development or recognition of CPL framework by college 16
(1) The college must develop or recognise a framework (a CPL 17
framework) for the continuing professional learning of 18
registered teachers. 19
(2) In developing the framework, the college must-- 20
(a) have regard to the professional standards; and 21
(b) consult with the chief executive and the representative 22
entities. 23
(3) Subsection (2) does not prevent the college consulting with 24
another person or entity. 25
(4) The college must give notice to all registered teachers to 26
whom the framework is relevant of the matters provided for in 27
the framework. 28
(5) The framework may state any of the following, for the 29
requirement stated in section 29(2)(d) for renewing full 30
registration-- 31
(a) the type of continuing professional learning required; 32
s 31 35 s 32
Education (Queensland College of Teachers) Bill 2005
(b) the minimum continuing professional learning a 1
registered teacher must undertake. 2
(6) The college must-- 3
(a) make the framework available for inspection on its 4
Internet site; and 5
(b) ensure copies of the framework are kept available for 6
inspection at the office. 7
31 Requirements for renewal--permission to teach 8
(1) This section applies in relation to a person who applies for 9
renewal of permission to teach under section 28. 10
(2) The college may renew the person's permission to teach if the 11
college is reasonably satisfied-- 12
(a) the person is suitable to teach; and 13
(b) each condition of the person's permission to teach (if 14
any)-- 15
(i) has been fulfilled; or 16
(ii) is being complied with at the time the college 17
considers the application for renewal. 18
(3) For deciding whether the person is suitable to teach, sections 19
15 to 19 apply, with any necessary changes, as if-- 20
(a) the application for renewal were an application for 21
permission to teach; and 22
(b) the applicant for renewal were an applicant for 23
permission to teach; and 24
(c) the renewal of the permission to teach were the grant of 25
the permission to teach. 26
32 How college may decide application for renewal 27
(1) The college must consider an application for the renewal of 28
full registration or permission to teach and either-- 29
(a) renew the applicant's registration or permission to teach, 30
with or without conditions; or 31
s 33 36 s 33
Education (Queensland College of Teachers) Bill 2005
(b) refuse to renew the applicant's registration or 1
permission to teach. 2
(2) The college may impose any condition under subsection 3
(1)(a) the college considers necessary for the applicant to 4
meet the requirements stated in section 29(2)(a), (c) or (d) or 5
31(2)(a), in addition to any returning to teaching condition 6
imposed under section 29. 7
(3) If the college decides to renew the registration or permission 8
to teach, the registration or permission to teach remains 9
subject to the conditions to which it was subject immediately 10
before the renewal, other than a condition that has been 11
fulfilled. 12
33 Steps to be taken after college decides application 13
(1) If the college decides to renew the applicant's full registration 14
or permission to teach, as soon as practicable after the 15
decision is made the college must-- 16
(a) give the applicant an approval notice; and 17
(b) issue a certificate of registration or a certificate of 18
permission to teach to the applicant; and 19
(c) if full registration is renewed--issue a registration card 20
for the relevant year to the applicant. 21
(2) If the college decides not to renew the applicant's full 22
registration or permission to teach, the college must as soon as 23
practicable give the applicant an information notice about the 24
college's decision. 25
(3) In this section-- 26
approval notice means a notice stating the following-- 27
(a) the college's decision to renew the applicant's full 28
registration or permission to teach; 29
(b) if the college decides to renew the registration or 30
permission to teach with conditions-- 31
(i) the conditions and the reasons for them; and 32
(ii) that the person may apply for a review of the 33
conditions under section 39; 34
s 34 37 s 35
Education (Queensland College of Teachers) Bill 2005
(c) if the college decides to renew the permission to 1
teach--the period for which the permission is renewed. 2
relevant year means the registration year starting on the day 3
from which the registration is renewed. 4
Division 2 Period and extension of provisional 5
registration 6
34 Period of provisional registration 7
(1) The period of provisional registration is 2 years from the day 8
the college grants the registration. 9
(2) At the end of the period of the registration, the registration 10
ends. 11
(3) However, the registration may be extended for a further period 12
of 2 years under section 35. 13
35 Option to extend provisional registration 14
(1) A person who holds provisional registration may give the 15
college a notice, before the period of the registration ends, 16
stating that the holder wishes to exercise the option to extend 17
the registration. 18
(2) The notice must be accompanied by the annual fee. 19
(3) If the holder gives notice under subsection (1), the college 20
must-- 21
(a) extend the period of the holder's registration for 2 years; 22
and 23
(b) as soon as practicable after receiving the notice, issue to 24
the holder-- 25
(i) a certificate of registration; and 26
(ii) a registration card for the relevant year. 27
(4) The period of provisional registration may be extended under 28
this section only once. 29
(5) In this section-- 30
s 36 38 s 37
Education (Queensland College of Teachers) Bill 2005
relevant year means the registration year starting on the day 1
from which the provisional registration is extended. 2
Part 4 Restoration of full registration 3
36 When application for restoration of full registration may 4
be made 5
(1) A person, other than an excluded person, whose full 6
registration has ended may, not later than 2 months after the 7
person's registration ended, apply to the college for 8
restoration of the registration. 9
(2) Despite subsection (1), the college may accept an application 10
made more than 2 months after expiry of the registration if the 11
college is satisfied it would be reasonable in all the 12
circumstances to accept the application. 13
37 Requirements for application for restoration 14
(1) The application must-- 15
(a) be in the approved form; and 16
(b) be accompanied by each of the following-- 17
(i) documents or information, identified in the 18
approved form, reasonably required by the college 19
to decide the application; 20
(ii) the restoration application fee prescribed under a 21
regulation; 22
(iii) the annual fee. 23
(2) The approved form may require disclosure of the person's 24
criminal history. 25
(3) If the approved form requires the disclosure of the person's 26
criminal history, the Criminal Law (Rehabilitation of 27
Offenders) Act 1986 does not apply to the disclosure. 28
s 38 39 s 39
Education (Queensland College of Teachers) Bill 2005
(4) Information contained in or accompanying the application 1
must, if required by the approved form, be verified by 2
statutory declaration. 3
38 Application of pt 3, div 1 for restoring full registration 4
(1) For restoring full registration, part 3, division 1, other than 5
section 28(2)(a), applies with any necessary changes as if-- 6
(a) an application for restoration of full registration were an 7
application for renewal of full registration; and 8
(b) the applicant for restoration of full registration were an 9
applicant for renewal of full registration; and 10
(c) restoration of full registration were renewal of full 11
registration. 12
(2) For subsection (1), section 29 applies as if-- 13
(a) the time at which the conditions of the applicant's 14
registration were required to be complied with under 15
section 29(2)(b)(ii) was immediately before the 16
registration ended; and 17
(b) the relevant period of registration were the most recently 18
ended period of the applicant's registration. 19
(3) For subsection (1), section 32(3) applies as if the person's 20
registration were required to be restored subject to the 21
conditions to which it was subject immediately before it 22
ended. 23
Part 5 Conditions 24
Division 1 Review, amendment and removal of 25
conditions 26
39 Application for review of condition 27
(1) This section applies to a person-- 28
s 40 40 s 41
Education (Queensland College of Teachers) Bill 2005
(a) who is an approved teacher; and 1
(b) whose registration or permission to teach is subject to a 2
condition, other than a condition imposed by a 3
disciplinary committee. 4
(2) The person may make a written application to the college 5
asking for the condition to be reviewed and amended or 6
cancelled. 7
40 Review of condition by college 8
(1) The college must, as soon as practicable after being asked to 9
review a condition under section 39, review the condition. 10
(2) After conducting the review, the college may do 1 or more of 11
the following-- 12
(a) amend the condition under section 41 or 42; 13
(b) cancel the condition under section 43; 14
(c) decide to impose a new condition on the person's 15
registration or permission to teach under section 41; 16
(d) refuse to amend or cancel the condition under section 41 17
or 43. 18
41 Amendment or imposition of conditions following a 19
review 20
(1) This section applies if the college reviews a condition of a 21
person's registration or permission to teach under section 40. 22
(2) The college may decide to-- 23
(a) impose a new condition on the person's registration or 24
permission to teach, if the college is reasonably satisfied 25
the condition is necessary to ensure the person meets the 26
eligibility requirements; or 27
(b) amend the reviewed condition other than under section 28
42(1); or 29
(c) refuse to amend the reviewed condition as requested by 30
the holder. 31
s 42 41 s 43
Education (Queensland College of Teachers) Bill 2005
(3) If the college decides to do a thing mentioned in subsection 1
(2), as soon as practicable after making the decision the 2
college must give the person an information notice about the 3
decision. 4
(4) The decision takes effect on the day the information notice is 5
given to the person or, if the notice states a later day of effect, 6
the stated day of effect. 7
42 Non-contentious amendment of conditions 8
(1) The college may at any time amend a condition imposed on a 9
person's registration or permission to teach if the registration 10
or permission to teach is amended only-- 11
(a) to omit the condition, if doing so is not adverse to the 12
holder's interests; or 13
(b) for a formal or clerical reason; or 14
(c) in another way that is not adverse to the holder's 15
interests; or 16
(d) as requested by the holder in an application for review 17
of the condition. 18
(2) The college may make an amendment under subsection (1) by 19
giving notice to the holder. 20
(3) The amendment takes effect on the day the notice is given to 21
the holder or, if the notice states a later day of effect, the stated 22
day of effect. 23
43 Cancellation of conditions 24
(1) The college may cancel a condition imposed on a person's 25
registration or permission to teach if the college is reasonably 26
satisfied the condition has been fulfilled or is no longer 27
necessary for the person to meet the eligibility requirements. 28
(2) However, if the condition is a returning to teaching condition 29
of full registration, the college may cancel the condition only 30
if the college receives evidence, of a type prescribed under a 31
regulation, of satisfactory completion by the person of the 32
professional learning program required to satisfy the 33
condition. 34
s 44 42 s 44
Education (Queensland College of Teachers) Bill 2005
(3) The college may cancel a condition under this section by 1
giving notice to the person. 2
(4) The notice must state the day the cancellation takes effect. 3
(5) If the person requested, in an application for review, the 4
cancellation of a condition and the college decides not to 5
cancel the condition, the college must as soon as practicable 6
give an information notice about the college's decision to the 7
person. 8
44 Amending or replacing certificate of registration or 9
certificate of permission to teach 10
(1) An approved teacher who receives a relevant notice must, 11
unless the teacher has a reasonable excuse, return the teacher's 12
certificate of registration or certificate of permission to teach 13
to the college within 21 days after receiving the notice. 14
Maximum penalty--10 penalty units. 15
(2) On receiving the certificate, the college must-- 16
(a) amend it appropriately or issue a replacement certificate 17
to the teacher; and 18
(b) return the amended or replacement certificate to the 19
teacher. 20
(3) The effect of the amendment does not depend on the 21
amendment being noted on the teacher's certificate of 22
registration or permission to teach. 23
(4) In this section-- 24
relevant notice means-- 25
(a) a notice under section 41(3), 42(2) or 43(3); or 26
(b) a notice under section 104 or 164 stating the Teachers 27
Disciplinary Committee has decided to amend, impose 28
or remove a condition of the teacher's registration or 29
permission to teach. 30
s 45 43 s 46
Education (Queensland College of Teachers) Bill 2005
Division 2 Suspension or cancellation of 1
registration or permission to teach 2
for failing to comply with condition 3
45 Application of div 2 4
(1) This division applies in relation to a person who holds either 5
of the following that is subject to a condition (a relevant 6
condition)-- 7
(a) provisional registration; 8
(b) permission to teach. 9
(2) This division also applies to a person who holds full 10
registration subject to a returning to teaching condition. 11
46 College to give show cause notice for failing to comply 12
with condition 13
If the college reasonably believes a person to whom this 14
division applies is not complying with a relevant condition, or 15
has failed to comply with a returning to teaching condition, 16
the college must give the person a notice stating-- 17
(a) the college may order the cancellation or suspension of 18
the person's registration or permission to teach (the 19
proposed order); and 20
(b) the grounds for the proposed order; and 21
(c) an outline of the facts and circumstances forming the 22
basis for the grounds; and 23
(d) if the proposed order is an order suspending the 24
registration or permission to teach--the proposed period 25
of the suspension; and 26
(e) an invitation to the person to show in writing, within a 27
stated time that is at least 28 days, why the proposed 28
order should not be made. 29
s 47 44 s 47
Education (Queensland College of Teachers) Bill 2005
47 College's power to suspend or cancel registration or 1
permission to teach 2
(1) This section applies if, after considering any written 3
statements made to the college within the time required under 4
section 46(e), the college is satisfied the person is not 5
complying with a relevant condition or has not complied with 6
a returning to teaching condition. 7
(2) The college may-- 8
(a) if the proposed order was to suspend the registration or 9
permission to teach for a proposed period--order 10
suspension of the registration or permission to teach for 11
not longer than the proposed period; or 12
(b) if the proposed order was to cancel the registration or 13
permission to teach--order either of the following-- 14
(i) cancellation of the registration or permission to 15
teach; 16
(ii) suspension of the registration or permission to 17
teach for a period. 18
(3) The college must, within 7 days after the decision about 19
whether to make an order under subsection (2) is made, give 20
the person-- 21
(a) if the college decides to make the order--an information 22
notice about the college's decision; or 23
(b) if the college decides not to make the order--a notice 24
stating the college's decision. 25
(4) In this section-- 26
proposed order means the proposed order stated in the notice 27
given to the person under section 46. 28
s 48 45 s 50
Education (Queensland College of Teachers) Bill 2005
Part 6 Immediate suspension and 1
cancellation of registration or 2
permission to teach by college 3
Division 1 Suspension 4
48 Effect of charge for excluding offence pending charge 5
being dealt with 6
(1) This section applies if, after the commencement of this 7
section, an approved teacher is charged with an excluding 8
offence.5 9
(2) The college must, immediately after it becomes aware of the 10
charge, suspend the teacher's registration or permission to 11
teach. 12
49 College's power to suspend if approved teacher poses 13
imminent risk of harm to children 14
The college may suspend an approved teacher's registration or 15
permission to teach if the college reasonably believes-- 16
(a) the teacher poses an imminent risk of harm to children; 17
and 18
(b) it is necessary to immediately suspend the teacher's 19
registration or permission to teach to protect children. 20
50 Requirement to give notice of suspension 21
(1) If the college suspends an approved teacher's registration or 22
permission to teach under this division, the college must 23
immediately give notice of the suspension to the teacher. 24
(2) For a suspension under section 48, the notice must state the 25
following-- 26
5 See also section 324 (Suspension for charge for excluding offence not to apply to
particular approved teachers).
s 51 46 s 52
Education (Queensland College of Teachers) Bill 2005
(a) that the teacher's registration or permission to teach is 1
suspended under section 48; 2
(b) the reasons for the college's decision; 3
(c) that the Teachers Disciplinary Committee will review 4
the continuation of the suspension to decide whether it 5
is an exceptional case in which the best interests of 6
children would not be harmed if the suspension were 7
ended. 8
(3) For a suspension under section 49, the notice must state the 9
following-- 10
(a) that the teacher's registration or permission to teach is 11
suspended under section 49; 12
(b) the reasons for the college's decision; 13
(c) that the college will refer a disciplinary matter to the 14
Teachers Disciplinary Committee about whether a 15
ground for disciplinary action against the teacher exists. 16
(4) The college must, at the same time as notice of the suspension 17
is given to the teacher, give a copy of the notice to-- 18
(a) the employing authority for, and the principal of, each 19
school at which the teacher is employed; and 20
(b) the Teachers Disciplinary Committee. 21
51 When suspension takes effect 22
A suspension of an approved teacher's registration or 23
permission to teach under this division takes effect on the day 24
notice of the suspension is given to the teacher under section 25
50. 26
52 When suspension ends 27
A suspension of an approved teacher's registration or 28
permission to teach under this division ends when the earliest 29
of the following happens-- 30
s 53 47 s 54
Education (Queensland College of Teachers) Bill 2005
(a) the Teachers Disciplinary Committee decides, under 1
section 55, 102, 152, 159 or 160,6 to end the suspension; 2
(b) the teacher's registration or permission to teach is 3
cancelled under division 3 or section 160. 4
Division 2 Review of continuation of 5
suspension 6
53 Requirement to review continuation of suspension under 7
s 48 8
(1) The Teachers Disciplinary Committee must review the 9
continuation of the suspension of an approved teacher under 10
section 48. 11
(2) The purpose of the review is for the committee to decide 12
whether it is an exceptional case in which the best interests of 13
children would not be harmed if the suspension were ended. 14
54 Committee to give notice inviting submissions to 15
approved teacher 16
(1) The Teachers Disciplinary Committee must give the approved 17
teacher a notice inviting the teacher to show, within a stated 18
time, why the matter is an exceptional case in which the best 19
interests of children would not be harmed if the suspension of 20
the teacher's registration or permission to teach were ended. 21
(2) The stated time must be not less than 28 days after the notice 22
is given. 23
(3) The notice must be given to the teacher immediately after the 24
committee receives, under section 50, a copy of the notice of 25
suspension given to the teacher. 26
6 Section 55 (Committee's decision about continuation of suspension), 102
(Disciplinary action by Teachers Disciplinary Committee--approved teachers), 152
(Interim orders), 159 (Ending of suspension if ground for disciplinary action not
established) or 160 (Decision about disciplinary action against approved teacher)
s 55 48 s 56
Education (Queensland College of Teachers) Bill 2005
55 Committee's decision about continuation of suspension 1
(1) After considering any submissions made by the approved 2
teacher within the stated time under section 54, the Teachers 3
Disciplinary Committee must decide whether it is an 4
exceptional case in which the best interests of children would 5
not be harmed if the suspension of the teacher were ended. 6
(2) If the committee is satisfied it is an exceptional case, the 7
committee must order the suspension be ended. 8
(3) The committee's decision must be made not later than 14 days 9
after the earlier of the following to happen-- 10
(a) the committee receives the approved teacher's 11
submission under section 54; 12
(b) the stated time under section 54 ends. 13
(4) If the committee does not make a decision within the 14 day 14
period under subsection (3), the committee is taken to have 15
made an order ending the suspension. 16
(5) The committee must, as soon as practicable, give notice of its 17
decision to the approved teacher. 18
(6) The notice must state each of the following-- 19
(a) the committee's decision and the reasons for it; 20
(b) if the decision is that it is not an exceptional case-- 21
(i) that the teacher may, within 28 days after the 22
notice is given, appeal against the committee's 23
decision to the District Court; and 24
(ii) how to appeal. 25
Division 3 Cancellation 26
56 Cancellation if conviction for excluding offence and 27
imprisonment or disqualification order imposed 28
(1) This section applies if, after the commencement of this 29
section-- 30
(a) an approved teacher is convicted of an excluding 31
offence; and 32
s 57 49 s 57
Education (Queensland College of Teachers) Bill 2005
(b) the court that convicts the teacher-- 1
(i) imposes an imprisonment order; or 2
(ii) makes a disqualification order. 3
(2) The college must, as soon as possible after it becomes aware 4
of the conviction, cancel the teacher's registration or 5
permission to teach. 6
(3) The college must immediately give notice to the person of the 7
cancellation. 8
(4) The notice must state-- 9
(a) there is no appeal under this Act in relation to the 10
college's decision to cancel the teacher's registration or 11
permission to teach; and 12
(b) unless paragraph (c) applies, the teacher can never be 13
granted registration or permission to teach; and 14
(c) that the teacher can apply for registration or permission 15
to teach if-- 16
(i) the decision to cancel the teacher's registration or 17
permission to teach was made under this section; 18
and 19
(ii) the conviction of the teacher of the excluding 20
offence, or the order mentioned in subsection 21
(1)(b), is not upheld on appeal. 22
(5) A copy of the notice must also be given to the employing 23
authority for, and the principal of, each school at which the 24
teacher is employed. 25
(6) There is no appeal under this Act against a decision of the 26
college under this section to cancel the teacher's registration 27
or permission to teach. 28
(7) In this section-- 29
appeal includes review. 30
57 Effect of appeal on cancellation 31
(1) This section applies if-- 32
s 58 50 s 58
Education (Queensland College of Teachers) Bill 2005
(a) the registration or permission to teach of an approved 1
teacher is cancelled by the college under section 56; and 2
(b) any of the following is appealed-- 3
(i) the conviction of the teacher of an excluding 4
offence; 5
(ii) the imposition of an imprisonment order for the 6
offence; 7
(iii) the making of a disqualification order. 8
(2) The cancellation remains in effect during the appeal. 9
(3) If the conviction or an order mentioned in subsection (1)(b)(ii) 10
or (iii) is overturned on appeal, the person is no longer an 11
excluded person for this Act. 12
Division 4 Disqualification order 13
58 Disqualification order 14
(1) This section applies if-- 15
(a) an approved teacher is convicted of an excluding 16
offence; and 17
(b) the court that convicts the teacher does not impose an 18
imprisonment order for the offence. 19
(2) The court may, on application by the prosecutor or on its own 20
initiative, make an order (a disqualification order) in relation 21
to the teacher stating the teacher may never be granted 22
registration or permission to teach. 23
(3) In this section-- 24
Crown prosecutor includes each of the following-- 25
(a) the Attorney-General; 26
(b) the director of public prosecutions; 27
(c) another person, other than a police officer, appearing for 28
the State. 29
prosecutor means-- 30
s 59 51 s 60
Education (Queensland College of Teachers) Bill 2005
(a) in the context of a proceeding before, or an application 1
to, a Magistrates Court--a police officer or Crown 2
prosecutor; or 3
(b) otherwise--a Crown prosecutor. 4
Part 7 Surrender of registration or 5
permission to teach 6
59 Surrender of registration or permission to teach 7
An approved teacher may surrender the teacher's registration 8
or permission to teach by-- 9
(a) returning to the college-- 10
(i) the teacher's certificate of registration or certificate 11
of permission to teach; and 12
(ii) if applicable, the teacher's registration card; and 13
(b) giving notice of the surrender to the college. 14
Part 8 Documents evidencing 15
registration or permission to 16
teach 17
60 Form of certificate of registration 18
(1) A certificate of registration must be in the approved form. 19
(2) The approved form must provide for inclusion of the 20
following-- 21
(a) the registered teacher's name; 22
(b) whether the teacher holds full registration or provisional 23
registration; 24
(c) the teacher's identification number; 25
s 61 52 s 63
Education (Queensland College of Teachers) Bill 2005
(d) the period of the registration; 1
(e) the qualifications held by the teacher and-- 2
(i) relied on by the teacher to obtain registration; or 3
(ii) evidence of which has otherwise been given to the 4
college; 5
(f) any conditions of the registration. 6
61 Form of certificate of permission to teach 7
(1) A certificate of permission to teach must be in the approved 8
form. 9
(2) The approved form must provide for inclusion of the 10
following-- 11
(a) the approved teacher's name; 12
(b) the period of the permission to teach; 13
(c) the teacher's identification number; 14
(d) any conditions of the permission to teach. 15
62 Replacing certificates of registration or permission to 16
teach 17
(1) An approved teacher may apply to the college for replacement 18
of the teacher's registration certificate, or certificate of 19
permission to teach, if it has been lost, stolen, destroyed or 20
damaged. 21
(2) The application must be-- 22
(a) in the approved form; and 23
(b) accompanied by the fee prescribed under a regulation. 24
(3) The college may decide to grant the application only if it is 25
satisfied the certificate has been lost, stolen, destroyed or 26
damaged in a way to require its replacement. 27
63 Requirements for registration card 28
(1) A registration card must-- 29
s 64 53 s 64
Education (Queensland College of Teachers) Bill 2005
(a) be issued for a period of 1 year;7 and 1
(b) be in the approved form. 2
(2) The approved form must provide for the inclusion of the 3
following-- 4
(a) the registered teacher's name; 5
(b) whether the teacher holds full registration or provisional 6
registration; 7
(c) the period for which the card is issued; 8
(d) the teacher's identification number. 9
64 Requirement to return certificate of registration or 10
permission to teach etc. on suspension or cancellation 11
(1) This section applies if an approved teacher's registration or 12
permission to teach is suspended or cancelled by the college 13
or the Teachers Disciplinary Committee. 14
(2) The teacher must, unless the teacher has a reasonable excuse, 15
return each of the following to the college within 14 days after 16
receiving notice of the suspension or cancellation-- 17
(a) the teacher's certificate of registration or permission to 18
teach; 19
(b) for a registered teacher--the teacher's registration card. 20
Maximum penalty--20 penalty units. 21
7 See also section 66 (Payment of annual fee by approved teacher and issue of
registration card to registered teacher).
s 65 54 s 66
Education (Queensland College of Teachers) Bill 2005
Part 9 Miscellaneous provisions 1
65 College's power to obtain criminal history etc. in relation 2
to an approved teacher 3
(1) For deciding whether an approved teacher is or continues to 4
be suitable to teach, the college may ask the commissioner of 5
police for-- 6
(a) a written report about the teacher's criminal history; or 7
(b) other information about the teacher mentioned in 8
section 15(2).8 9
(2) Section 15(3) to (7) applies for the request as if it were made 10
under that section. 11
(3) For section 15(3), the college's request may also include a 12
number or date relevant to the teacher's registration or 13
permission to teach. 14
(4) Sections 11 and 129 apply for the college's decision about 15
whether the teacher is or continues to be suitable to teach. 16
66 Payment of annual fee by approved teacher and issue of 17
registration card to registered teacher 18
(1) An approved teacher must pay the fee (the annual fee) 19
prescribed under a regulation for keeping the teacher's 20
registration or permission to teach, for a registration year, 21
before the year starts.10 22
(2) If the teacher is a registered teacher, on payment of the annual 23
fee the college must issue a registration card for the year to the 24
teacher. 25
(3) If the teacher is the holder of a permission to teach, on 26
payment of the annual fee the college must give the teacher a 27
notice stating that the teacher's name has been retained in the 28
register. 29
8 Section 15 (Criminal history check etc.)
9 Sections 11 (Suitability to teach--criminal history information) and 12 (Suitability
to teach--other considerations)
10 See also section 314 (Existing registrations).
s 67 55 s 67
Education (Queensland College of Teachers) Bill 2005
(4) If the teacher does not pay the annual fee as required under 1
subsection (1), the college must give the teacher a notice 2
stating that the teacher's registration or permission to teach 3
will be cancelled unless the teacher pays the annual fee, plus 4
any fee for late payment prescribed under a regulation, by the 5
day (the due day) stated in the notice. 6
(5) The due day must be at least 14 days after the notice is given. 7
(6) If the teacher is given a notice under subsection (4) and fails to 8
pay the amount required under the notice by the due day, the 9
college must-- 10
(a) cancel the teacher's registration or permission to teach; 11
and 12
(b) give the teacher notice of the cancellation. 13
67 Effect of suspension on registration or permission to 14
teach 15
(1) This section applies if a person's registration or permission to 16
teach is suspended by the college or the Teachers Disciplinary 17
Committee. 18
(2) During the suspension, the person must not start or continue 19
to teach in a prescribed school. 20
Maximum penalty--100 penalty units. 21
(3) At the end of the suspension, the person holds the same 22
registration or permission to teach, and on the same 23
conditions, as the person held it immediately before the 24
suspension. 25
(4) Subsection (3) applies subject to-- 26
(a) any order to the contrary made by the Teachers 27
Disciplinary Committee in relation to the person; and 28
(b) payment by the person of the annual fee; and 29
(c) if the period of the person's registration or permission to 30
teach ends under section 26 or 27 during the 31
suspension--renewal of the registration or permission to 32
teach. 33
s 68 56 s 69
Education (Queensland College of Teachers) Bill 2005
Chapter 3 Requirements for approved 1
teachers and other persons 2
Part 1 Giving information to the 3
college 4
Division 1 Approved teachers 5
68 Changes in criminal history 6
(1) If there is a change in an approved teacher's criminal history, 7
the teacher must immediately disclose to the college the 8
details of the change. 9
(2) For an approved teacher who does not have a criminal history, 10
there is taken to be a change in the teacher's criminal history if 11
the teacher acquires a criminal history. 12
69 Requirements for disclosure of changes in criminal 13
history 14
(1) To comply with section 68(1), the approved teacher must give 15
the disclosure in the approved form. 16
(2) The information disclosed by the approved teacher about a 17
conviction or charge for an offence in the person's criminal 18
history must include each of the following-- 19
(a) the existence of the conviction or charge; 20
(b) when the offence was committed or alleged to have been 21
committed; 22
(c) details adequate to identify the offence or alleged 23
offence; 24
(d) for a conviction-- 25
(i) whether or not a conviction was recorded; and 26
(ii) the sentence imposed on the teacher. 27
s 70 57 s 72
Education (Queensland College of Teachers) Bill 2005
70 Failure to disclose changes in criminal history 1
An approved teacher must not fail to give the college a 2
disclosure required under section 68(1), unless the teacher has 3
a reasonable excuse. 4
Maximum penalty--100 penalty units. 5
71 Disclosure of other change in circumstances 6
(1) An approved teacher must, within 20 business days after a 7
prescribed change in circumstances, give notice to the college 8
stating details of the change in circumstances. 9
Maximum penalty--10 penalty units. 10
(2) In this section-- 11
prescribed change in circumstances means a change in the 12
approved teacher's circumstances, other than a change in 13
criminal history, of a type prescribed under a regulation. 14
Division 2 Registered teachers 15
72 Disclosure about particular changes in teaching status in 16
another State 17
(1) This section applies if a following event happens to a person 18
who is a registered teacher-- 19
(a) if the person is registered as a teacher in another 20
State--the person's registration as a teacher in the other 21
State is cancelled or suspended, however described; 22
(b) if the person is employed as a teacher in another State 23
that does not register teachers--the person's 24
employment as a teacher in the other State is terminated 25
because the person's employer was satisfied the person 26
was not competent or suitable to be employed as a 27
teacher. 28
(2) The person must give notice of the event to the college within 29
7 days after the event happens. 30
Maximum penalty--40 penalty units. 31
s 73 58 s 75
Education (Queensland College of Teachers) Bill 2005
(3) The notice must disclose the circumstances of the event that 1
gave rise to the cancellation or suspension of registration or 2
the termination of employment. 3
Division 3 Other persons 4
73 Definition for div 3 5
In this division-- 6
relevant teacher, of a prescribed school, means a person who 7
is or was an approved teacher teaching at the school. 8
74 Meaning of prescribed school 9
Any of the following is a prescribed school-- 10
(a) a State school or non-State school; 11
(b) a kindergarten or preschool centre that purports to offer 12
an education program for children in the year prior to 13
enrolment in year 1; 14
(c) another institution or place, or part of an institution or 15
place, at which an educational program is offered that is 16
based on a syllabus approved or accredited by the 17
Queensland Studies Authority under the Education 18
(Queensland Studies Authority) Act 2002. 19
75 Commissioner of police must notify changes in criminal 20
history 21
(1) This section applies if the commissioner of police reasonably 22
suspects a person who is charged with an offence-- 23
(a) is an approved teacher; or 24
(b) was an approved teacher when the offence is alleged to 25
have been committed. 26
(2) The commissioner must notify the college about the change in 27
the person's criminal history. 28
(3) The notice must state the following-- 29
s 76 59 s 76
Education (Queensland College of Teachers) Bill 2005
(a) the person's name and address; 1
(b) the person's date of birth; 2
(c) the offence the person is charged with; 3
(d) particulars of the offence; 4
(e) the date of the charge. 5
(4) The college may confirm the suspicions of the commissioner 6
of police under subsection (1). 7
(5) On receiving a notice under subsection (2) about the person, 8
the college may write to the person to inform the person of 9
their obligation under section 68(1). 10
(6) The Criminal Law (Rehabilitation of Offenders) Act 1986 11
does not apply to the giving of a notification under subsection 12
(2). 13
76 Requirement for employing authority to notify college 14
about particular investigations 15
(1) This section applies if the employing authority for a 16
prescribed school investigates an allegation of harm caused, 17
or likely to be caused, to a child because of the conduct of a 18
relevant teacher of the prescribed school. 19
(2) The employing authority must, as soon as practicable after the 20
investigation starts, give notice to the college of the 21
investigation. 22
Maximum penalty--40 penalty units. 23
(3) The notice must include the following-- 24
(a) the name of the employing authority and, if the name of 25
the authority is different to the name of the prescribed 26
school, the name of the prescribed school; 27
(b) the name of the relevant teacher; 28
(c) the day the investigation started; 29
(d) the allegation, particulars of the allegation and any other 30
relevant information. 31
s 77 60 s 77
Education (Queensland College of Teachers) Bill 2005
77 Requirement for employing authority to notify college 1
about particular terminations of employment 2
(1) This section applies if-- 3
(a) the employing authority for a prescribed school 4
investigates an allegation of harm caused, or likely to be 5
caused, to a child because of the conduct of a relevant 6
teacher of the prescribed school; and 7
(b) either-- 8
(i) after the investigation, the employing authority 9
dismisses the relevant teacher from the educational 10
staff of the prescribed school; or 11
(ii) the relevant teacher resigns from the educational 12
staff of the prescribed school during or after the 13
investigation. 14
(2) The employing authority must, within 14 days after the 15
termination day, give notice of the dismissal or resignation to 16
the college. 17
Maximum penalty--40 penalty units. 18
(3) The notice must include the following-- 19
(a) the name of the employing authority and, if the name of 20
the authority is different to the name of the prescribed 21
school, the name of the prescribed school; 22
(b) the name of the relevant teacher; 23
(c) the termination day and the day the dismissal or 24
resignation takes or took effect; 25
(d) the allegation, particulars of the allegation and any other 26
relevant information; 27
(e) the reasons given by the employing authority for the 28
dismissal or by the relevant teacher for resigning. 29
(4) In this section-- 30
termination day means the day the employing authority-- 31
(a) gave notice of the dismissal to the relevant teacher; or 32
(b) received oral or written notice from the relevant teacher 33
of the teacher's resignation. 34
s 78 61 s 80
Education (Queensland College of Teachers) Bill 2005
78 Requirement for employing authority to notify college 1
about certain other dismissals 2
(1) This section applies if-- 3
(a) an employing authority for a prescribed school 4
dismisses a relevant teacher of the prescribed school in 5
circumstances that, in the opinion of the employing 6
authority, call into question the teacher's competency to 7
be employed as a teacher; and 8
(b) the employing authority is not required to give notice to 9
the college about the dismissal under section 77. 10
(2) The employing authority must, within 14 days after the day 11
notice of the dismissal was given to the teacher, give notice of 12
the dismissal to the college. 13
Maximum penalty--40 penalty units. 14
(3) The notice must include the following-- 15
(a) the name of the employing authority and, if the name of 16
the authority is different to the name of the prescribed 17
school, the name of the prescribed school; 18
(b) the name of the relevant teacher; 19
(c) the day notice of the dismissal was given to the relevant 20
teacher and the day the dismissal takes or took effect; 21
(d) the reasons given by the employing authority for the 22
dismissal. 23
79 College may request information from principal 24
(1) The college may, by notice, require the principal of a 25
prescribed school to give the college reports and returns, in 26
the approved form, about approved teachers teaching at the 27
prescribed school. 28
(2) The principal must comply with the notice. 29
Maximum penalty--20 penalty units. 30
80 Requirement for prosecuting authority to notify college 31
about committal, conviction etc. 32
(1) This section applies if-- 33
s 80 62 s 80
Education (Queensland College of Teachers) Bill 2005
(a) a person is charged with an indictable offence; and 1
(b) the commissioner of police or the director of public 2
prosecutions (a prosecuting authority) believes, on 3
reasonable grounds, that the person is an approved 4
teacher or was, at the time the offence is alleged to have 5
been committed, an approved teacher. 6
(2) If the person is committed for trial for an indictable offence, 7
the prosecuting authority must, within 7 days after the 8
committal, give notice to the college stating the following-- 9
(a) the name of the person; 10
(b) the court in which the person was committed; 11
(c) the offence of which the person was committed and 12
particulars of the offence; 13
(d) the date of the committal. 14
(3) If the person is convicted of the indictable offence, the 15
prosecuting authority must, within 7 days after the conviction, 16
give notice to the college stating the following-- 17
(a) the name of the person; 18
(b) the court in which the person was convicted; 19
(c) the offence of which the person was convicted and 20
particulars of the offence; 21
(d) the date of the conviction; 22
(e) the penalty imposed by the court. 23
(4) If the prosecution process ends without the person being 24
convicted of the indictable offence for which the person was 25
charged, the prosecuting authority must, within 7 days after 26
the prosecution process ending, give notice to the college 27
stating each of the following-- 28
(a) the name of the person; 29
(b) if relevant--the court in which the prosecution process 30
ended; 31
(c) the offence of which the person was charged and 32
particulars of the offence; 33
(d) the date the prosecution process ended. 34
s 81 63 s 81
Education (Queensland College of Teachers) Bill 2005
(5) For subsection (4), a prosecution process ends if-- 1
(a) the person is acquitted; or 2
(b) there is a mistrial; or 3
(c) the prosecuting authority decides not to continue the 4
prosecution; or 5
6
Examples of how paragraph (c) might apply--
7
· the prosecuting authority offers no evidence and the person
8
is not committed for trial
9
· a no true bill is presented to a court
10
· a nolle prosequi is presented to a court
(d) the prosecution process has otherwise ended. 11
(6) A prosecuting authority must give a notice under subsection 12
(3) or (4) even though a notice was given under subsection 13
(2). 14
81 Protection from liability for employing authorities giving 15
required notices 16
(1) This section applies if an employing authority for a prescribed 17
school gives a notice as required under this division. 18
(2) The employing authority is not liable, civilly, criminally or 19
under an administrative process, for disclosing information 20
contained in the notice. 21
(3) Without limiting subsection (2)-- 22
(a) in a proceeding for defamation, the employing authority 23
has a defence of absolute privilege for publishing the 24
disclosed information; and 25
(b) if the employing authority would otherwise be required 26
to maintain confidentiality about the disclosed 27
information under an Act, oath, rule of law or 28
practice--the employing authority does not contravene 29
the requirement by disclosing the information. 30
s 82 64 s 84
Education (Queensland College of Teachers) Bill 2005
Part 2 General offences 1
82 Only approved teachers may be employed as teachers 2
(1) The employing authority for a prescribed school must not 3
employ a person as a teacher in the prescribed school unless 4
the person is an approved teacher. 5
Maximum penalty--200 penalty units. 6
(2) The employing authority for a prescribed school must not 7
allow an approved teacher to teach in the prescribed school if 8
the person's registration or permission to teach is suspended 9
by the college or the Teachers Disciplinary Committee. 10
Maximum penalty--200 penalty units. 11
83 Requirement to hold registration or permission to teach 12
to teach in schools 13
(1) A person who is not an approved teacher must not teach in a 14
prescribed school. 15
Maximum penalty--100 penalty units. 16
(2) A person who is not a registered teacher must not supervise, 17
or assess the work of, a teacher or student teacher in a 18
prescribed school. 19
Maximum penalty--100 penalty units. 20
84 Offence to misrepresent nature of registration or 21
permission to teach 22
(1) A person who holds provisional registration must not claim, 23
or hold himself or herself out, to hold full registration. 24
Maximum penalty--100 penalty units. 25
(2) A person who holds permission to teach must not claim, or 26
hold himself or herself out, to hold registration. 27
Maximum penalty--100 penalty units. 28
(3) An approved teacher whose registration or permission to teach 29
is subject to a condition must not claim, or hold himself or 30
s 85 65 s 86
Education (Queensland College of Teachers) Bill 2005
herself out, to hold registration or permission to teach that is 1
not subject to conditions. 2
Maximum penalty--100 penalty units. 3
85 False or misleading information 4
(1) A person must not give relevant information to the college that 5
the person knows is false or misleading in a material 6
particular. 7
Maximum penalty--50 penalty units. 8
(2) For this section-- 9
relevant information means information a person is required 10
or permitted under this Act to give the college. 11
12
Examples--
13
· information in an application for registration or permission to teach,
14
or renewal of registration or permission to teach
15
· information disclosed to the college under part 1
86 False, incomplete or misleading documents 16
(1) A person must not give to the college a document containing 17
information the person knows is false, incomplete or 18
misleading in a material particular. 19
Maximum penalty--50 penalty units. 20
(2) Subsection (1) does not apply to a person who, when giving 21
the document-- 22
(a) informs the college of the extent to which the document 23
is false, incomplete or misleading; and 24
(b) gives the correct information to the college if the person 25
has, or can reasonably obtain, the correct information. 26
s 87 66 s 89
Education (Queensland College of Teachers) Bill 2005
Chapter 4 Complaints about teachers 1
87 Making a complaint 2
(1) A person may make a complaint to the college alleging a 3
ground for disciplinary action exists against a person who-- 4
(a) is an approved teacher; or 5
(b) was an approved teacher when the conduct giving rise to 6
the complaint happened. 7
(2) The complaint must-- 8
(a) be in writing; and 9
(b) contain particulars of the allegation. 10
88 College may require further information or statutory 11
declaration 12
(1) The college may, by notice, ask the complainant to give the 13
college further information about the complaint within the 14
reasonable time stated in the notice. 15
(2) Also, the college may require the complainant to verify the 16
complaint or further information by statutory declaration. 17
89 Refusal to deal with complaint 18
(1) The college may refuse to deal with a complaint if the college 19
reasonably believes-- 20
(a) the complaint, if proved, would not establish a ground 21
for disciplinary action against the person who is the 22
subject of the complaint; or 23
(b) the complaint is trivial, unreasonable or without 24
substance; or 25
(c) the complaint concerns frivolous matter or was made 26
vexatiously; or 27
(d) the complaint is based on an allegation that could more 28
appropriately be dealt with by another entity; or 29
s 89 67 s 89
Education (Queensland College of Teachers) Bill 2005
(e) the complaint is based on an allegation that has already 1
been adequately dealt with by the college or another 2
entity; or 3
(f) having regard to the length of time that has elapsed since 4
the matter complained of happened, it is not practicable 5
for the college to deal with the complaint. 6
(2) Also, the college may refuse to deal with the complaint if the 7
complainant refuses, without a reasonable excuse, to-- 8
(a) provide further information reasonably required by the 9
college to decide whether to deal with the complaint; or 10
(b) comply with a requirement of the college under section 11
88(2). 12
(3) The college may not refuse to deal with a complaint under 13
subsection (1)(f) if-- 14
(a) the person who is the subject of the complaint is an 15
approved teacher; and 16
(b) the college reasonably believes the complaint is based 17
on an allegation that, if proved, would establish a 18
ground for suspending or cancelling the person's 19
registration or permission to teach under chapter 2, part 20
6.11 21
(4) If the college refuses to deal with a complaint, the college 22
must-- 23
(a) as soon as practicable, give notice of its decision to the 24
complainant; and 25
(b) keep a record about the complaint and the college's 26
refusal to deal with the complaint. 27
(5) A disciplinary committee may, for the purpose of taking 28
disciplinary action against the person who is the subject of the 29
complaint, have regard to the making of a complaint about the 30
person, even if the college refuses to deal with the complaint. 31
11 Chapter 2 (Registration and permission to teach), part 6 (Immediate suspension and
cancellation of registration or permission to teach by college)
s 90 68 s 91
Education (Queensland College of Teachers) Bill 2005
90 How a complaint must be dealt with 1
If the college does not refuse to deal with a complaint under 2
section 89, it must-- 3
(a) start disciplinary proceedings in relation to the 4
complaint under section 97; or 5
(b) authorise an investigation of the complaint under section 6
98. 7
Chapter 5 Disciplinary action against 8
teachers 9
Part 1 Preliminary 10
Division 1 Definitions 11
91 Definition for ch 5 12
In this chapter-- 13
disciplinary information means any of the following-- 14
(a) a complaint, other than a complaint the college refuses 15
to deal with under section 89; 16
(b) information in or accompanying an application made by 17
a person under chapter 2;12 18
(c) information disclosed to the college as required under 19
chapter 3, part 1;13 20
(d) other information or a document required or permitted 21
to be given to the college under this Act. 22
12 Chapter 2 (Registration and permission to teach)
13 Chapter 3 (Requirements for approved teachers and other persons), part 1 (Giving
information to the college)
s 92 69 s 92
Education (Queensland College of Teachers) Bill 2005
92 Grounds for disciplinary action 1
(1) Each of the following is a ground for disciplinary action 2
against a relevant teacher-- 3
(a) the relevant teacher has been convicted of a serious 4
offence, except if-- 5
(i) the offence is an excluding offence; and 6
(ii) the court that convicts the teacher imposes an 7
imprisonment order or makes a disqualification 8
order;14 9
(b) the teacher has been convicted of-- 10
(i) an indictable offence, other than a serious offence; 11
or 12
(ii) an offence against this Act; 13
(c) if the teacher is the holder of full registration--the 14
teacher fails to comply with a condition of the 15
registration, other than a returning to teaching condition; 16
(d) both of the following apply-- 17
(i) the teacher is incompetent in performing the work 18
of a teacher; 19
(ii) the teacher is dismissed, or resigns, from 20
employment in Queensland as a teacher in 21
circumstances that, in the opinion of the teacher's 22
employer, call into question the teacher's 23
competency in performing the work of a teacher; 24
(e) if the teacher was registered as a teacher in another 25
State--the teacher's registration in the State was 26
cancelled or suspended; 27
(f) if the teacher was employed as a teacher in another State 28
that does not register teachers--the teacher's 29
employment as a teacher in the State was terminated 30
because the teacher's employer was reasonably satisfied 31
the teacher was not competent or suitable to be 32
employed as a teacher; 33
14 See section 56 (Cancellation if conviction for excluding offence and imprisonment
or disqualification order imposed).
s 92 70 s 92
Education (Queensland College of Teachers) Bill 2005
(g) the teacher did not possess or no longer possesses the 1
qualifications and experience relied on by the teacher to 2
obtain registration or permission to teach; 3
(h) the teacher is not suitable to teach; 4
(i) the teacher fails to comply with a lawful demand made 5
under this Act by the college, an investigator or a 6
disciplinary committee; 7
(j) the teacher contravenes an order made under this Act by 8
the college or a disciplinary committee. 9
(2) The ground for disciplinary action mentioned in subsection 10
(1)(h) is taken to apply to the following-- 11
(a) a relevant teacher who is suspended under section 48,15 12
if the charge for the excluding offence has been dealt 13
with; 14
(b) a relevant teacher who is suspended under section 48 15
and is convicted of an offence other than an indictable 16
offence; 17
(c) a relevant teacher who is suspended under section 49.16 18
(3) The object of subsection (2)(a) is to ensure the circumstances 19
of the charge are examined by a disciplinary committee. 20
(4) Subsection (2) does not limit the application of subsection 21
(1)(h). 22
(5) In this section-- 23
dealt with, in relation to a charge of an excluding offence, 24
means any of the following-- 25
(a) the relevant teacher is acquitted of the charge; 26
(b) the charge has been withdrawn or dismissed; 27
(c) a nolle prosequi or no true bill is presented in relation to 28
the charge. 29
15 Section 48 (Effect of charge for excluding offence pending charge being dealt with)
16 Section 49 (College's power to suspend if approved teacher poses imminent risk of
harm to children)
s 93 71 s 96
Education (Queensland College of Teachers) Bill 2005
93 Disciplinary matters 1
Each of the following is a disciplinary matter-- 2
(a) a show cause matter; 3
(b) a PP&C matter; 4
(c) a general matter. 5
94 Show cause matters 6
A matter involving the ground for disciplinary action 7
mentioned in section 92(1)(a) is a show cause matter. 8
95 PP&C matters 9
(1) A matter involving a ground for disciplinary action mentioned 10
in any of paragraphs (b) to (j) of section 92(1) is a PP&C 11
matter if-- 12
(a) both of the following apply-- 13
(i) the college reasonably believes, when it starts 14
disciplinary proceedings in relation to the matter, 15
that minor disciplinary action is likely to be 16
appropriate; 17
(ii) the teacher is not a relevant teacher mentioned in 18
section 92(2)(a), (b) or (c); or 19
(b) the college authorises an investigation of the matter 20
under section 98. 21
(2) In this section-- 22
minor disciplinary action means-- 23
(a) issuing a warning or reprimand to a relevant teacher; or 24
(b) accepting an undertaking from a relevant teacher. 25
96 General matters 26
A matter involving a ground for disciplinary action mentioned 27
in any of paragraphs (b) to (j) of section 92(1) is a general 28
matter if it is not a PP&C matter. 29
s 97 72 s 98
Education (Queensland College of Teachers) Bill 2005
Division 2 Starting disciplinary proceedings 1
97 Requirement for college to start disciplinary proceedings 2
(1) If the college reasonably believes, on the basis of disciplinary 3
information received by the college, that 1 or more grounds 4
for disciplinary action against a relevant teacher exist, the 5
college must refer the matter to the disciplinary committee 6
stated in subsection (2). 7
(2) The disciplinary committee to which the matter must be 8
referred is-- 9
(a) for a show cause matter or general matter--the Teachers 10
Disciplinary Committee; or 11
(b) for a PP&C matter--the PP&C committee. 12
(3) If the teacher has been suspended under section 49, the 13
college must refer the disciplinary matter to the Teachers 14
Disciplinary Committee immediately after the teacher is 15
suspended. 16
98 College may authorise investigation 17
(1) This section applies if the college reasonably believes, on the 18
basis of disciplinary information received by the college, that 19
a ground for disciplinary action against a relevant teacher may 20
exist. 21
(2) The college may authorise an investigation of the matter. 22
(3) However, the college may authorise an investigation in 23
relation to a former approved teacher only if-- 24
(a) the college is satisfied it is in the public interest for the 25
investigation to be conducted; and 26
(b) the ground arose while the person was an approved 27
teacher. 28
(4) If the college authorises an investigation of the matter and 29
appoints an investigator, the college must as soon as 30
practicable give the relevant teacher notice of the 31
investigation. 32
(5) The notice must state each of the following-- 33
s 99 73 s 99
Education (Queensland College of Teachers) Bill 2005
(a) if the investigation relates to a complaint--the nature of 1
the complaint; 2
(b) if the investigation does not relate to a complaint--the 3
grounds forming the basis of the investigation; 4
(c) that the teacher may make a submission to the 5
investigator about the matter and how a submission may 6
be made; 7
(d) if the submission may be made orally--a time and 8
place, at least 14 days after the day the notice is given, 9
for the teacher to attend before the investigator to make 10
the submission; 11
(e) if the submission may be made in writing--a stated day, 12
at least 14 days after the day the notice is given, by 13
which the submission must be given to the investigator. 14
(6) However, the college need not give the teacher the notice if 15
the college reasonably believes doing so may-- 16
(a) seriously prejudice the investigation; or 17
(b) place at risk the wellbeing of vulnerable persons; or 18
(c) place the complainant or another person at risk of 19
harassment or intimidation. 20
99 Proceedings for an offence not prevented by disciplinary 21
proceedings 22
(1) This section applies if a ground for disciplinary action against 23
a relevant teacher involves the commission of an offence 24
against this Act. 25
(2) Starting disciplinary proceedings against the teacher does not 26
prevent a proceeding being taken or continued for the offence. 27
s 100 74 s 101
Education (Queensland College of Teachers) Bill 2005
Part 2 Show cause matters dealt with 1
by Teachers Disciplinary 2
Committee 3
100 Application of pt 2 4
This part applies to a show cause matter referred to the 5
Teachers Disciplinary Committee by-- 6
(a) the college; or 7
(b) the PP&C committee under part 4. 8
101 Teachers Disciplinary Committee to give show cause 9
notice 10
(1) The Teachers Disciplinary Committee must give the relevant 11
teacher a notice stating-- 12
(a) that the committee may make a specified order; and 13
(b) the grounds for the specified order; and 14
(c) an outline of the facts and circumstances forming the 15
basis for the grounds; and 16
(d) an invitation to the person to show in writing, within a 17
stated time that is at least 28 days, why the matter is an 18
exceptional case in which the best interests of children 19
would not be harmed if the specified order were not 20
made. 21
(2) In this section-- 22
specified order means-- 23
(a) for an approved teacher-- 24
(i) an order cancelling the teacher's registration or 25
permission to teach; and 26
(ii) if the order mentioned in subparagraph (i) is 27
made--an order prohibiting the teacher from 28
reapplying for registration or permission to teach 29
for a stated period that is not more than 5 years; or 30
s 102 75 s 102
Education (Queensland College of Teachers) Bill 2005
(b) for a former approved teacher--an order prohibiting the 1
teacher from reapplying for registration or permission to 2
teach for a stated period that is not more than 5 years. 3
102 Disciplinary action by Teachers Disciplinary 4
Committee--approved teachers 5
(1) This section applies if the relevant teacher is an approved 6
teacher. 7
(2) After considering any written submissions made by the 8
relevant teacher within the stated time under section 101, the 9
Teachers Disciplinary Committee must decide-- 10
(a) whether to cancel the teacher's registration or 11
permission to teach; and 12
(b) if the committee decides not to cancel the teacher's 13
registration or permission to teach--what disciplinary 14
action mentioned in subsection (5) to take. 15
(3) The committee must decide to cancel the teacher's registration 16
or permission to teach, unless the committee is satisfied it is 17
an exceptional case in which it would not harm the best 18
interests of children for the teacher's registration or 19
permission to teach not to be cancelled. 20
(4) If the committee decides to cancel the teacher's registration or 21
permission to teach, it may make an order prohibiting the 22
teacher from reapplying for registration or permission to teach 23
for not more than 5 years from the day the order is made. 24
(5) If the committee decides not to order the cancellation of the 25
teacher's registration or permission to teach, the committee 26
may do 1 or more of the following-- 27
(a) decide to take no further action in relation to the matter; 28
(b) if the teacher is suspended under section 4817--end the 29
suspension; 30
(c) issue a warning or reprimand to the teacher; 31
(d) suspend the teacher's registration or permission to teach 32
for a stated time; 33
17 Section 48 (Effect of charge for excluding offence pending charge being dealt with)
s 103 76 s 104
Education (Queensland College of Teachers) Bill 2005
(e) make an order requiring the teacher to pay to the 1
college, by way of costs, an amount the committee 2
considers appropriate having regard to-- 3
(i) any expenses incurred by the college in 4
investigating the matter; and 5
(ii) the expenses the committee has incurred in 6
considering and deciding the matter; 7
(f) make an order requiring the teacher to pay to the 8
college, by way of penalty, an amount fixed by the 9
committee but not more than the equivalent of 20 10
penalty units; 11
(g) impose conditions on, or amend or remove conditions 12
on, the teacher's registration or permission to teach; 13
(h) make an order that a particular notation or endorsement 14
about the teacher be entered in the register; 15
(i) make another order the committee considers 16
appropriate; 17
(j) accept an undertaking from the teacher. 18
103 Disciplinary action by Teachers Disciplinary 19
Committee--former approved teachers 20
(1) This section applies if the relevant teacher is a former 21
approved teacher. 22
(2) After considering any written submissions made by the 23
relevant teacher within the stated time under section 101, the 24
Teachers Disciplinary Committee must decide whether to 25
prohibit the teacher from reapplying for registration or 26
permission to teach for a period not longer than the period 27
stated in the notice given to the teacher under section 101. 28
104 Notice and effect of committee's decision 29
(1) As soon as practicable after making its decision under section 30
102 or 103, the committee must give notice of the decision 31
to-- 32
(a) the relevant teacher; and 33
s 104 77 s 104
Education (Queensland College of Teachers) Bill 2005
(b) the college. 1
(2) The notice must state each of the following-- 2
(a) the committee's decision and the reasons for it; 3
(b) if the committee decides to cancel the teacher's 4
registration or permission to teach-- 5
(i) the day the cancellation takes effect or, if no day is 6
stated, that the cancellation takes effect from the 7
day the notice is given to the teacher; and 8
(ii) if the committee makes an order prohibiting the 9
teacher from reapplying for registration or 10
permission to teach--the period for which the 11
order applies; 12
(c) that the teacher may, within 28 days after the notice is 13
given, appeal against the committee's decision to the 14
District Court; 15
(d) how to appeal. 16
(3) If the disciplinary action originated from a complaint, the 17
committee must also give notice of its decision and the 18
reasons for it to the complainant. 19
(4) If the committee decides to cancel the teacher's registration or 20
permission to teach, the committee must also give notice of its 21
decision to the employing authority for, and the principal of, 22
each school at which the teacher is employed. 23
(5) The committee's decision is binding on the college and the 24
relevant teacher. 25
(6) The college must give effect to, or secure compliance with, 26
the committee's decision. 27
s 105 78 s 106
Education (Queensland College of Teachers) Bill 2005
Part 3 General matters and PP&C 1
matters dealt with by Teachers 2
Disciplinary Committee 3
105 Application of pt 3 4
This part applies in relation to-- 5
(a) a general matter referred to the Teachers Disciplinary 6
Committee by the college under section 97; or 7
(b) a PP&C matter referred to the Teachers Disciplinary 8
Committee by the PP&C committee under part 4. 9
106 Teachers Disciplinary Committee may authorise 10
investigation 11
(1) The Teachers Disciplinary Committee may, before 12
considering the matter, authorise an investigation into the 13
matter if it reasonably believes further information is required 14
to decide the matter. 15
(2) If the Teachers Disciplinary Committee authorises an 16
investigation under subsection (1)-- 17
(a) the committee must, as soon as practicable, give the 18
college a notice stating each of the following-- 19
(i) the name of the relevant teacher; 20
(ii) if the investigation relates to a complaint--the 21
nature of the complaint; 22
(iii) if the investigation does not relate to a 23
complaint--the grounds forming the basis of the 24
investigation; 25
(iv) any other information relevant to the investigation 26
that is held by the committee; and 27
(b) the college must arrange for the matter to be investigated 28
as soon as practicable after receiving the notice. 29
s 107 79 s 110
Education (Queensland College of Teachers) Bill 2005
107 Application of ch 6, pt 2, div 2 1
Chapter 6, part 2, division 2, applies to the hearing and
18
2
making of decisions about the matter by the Teachers 3
Disciplinary Committee. 4
Part 4 PP&C matters dealt with by 5
PP&C committee 6
108 Application of pt 4 7
This part applies if-- 8
(a) the college refers a PP&C matter to the PP&C 9
committee under section 97; or 10
(b) the college authorises an investigation of a disciplinary 11
matter under section 98 and the PP&C committee 12
receives the investigator's report about the matter.19 13
109 PP&C committee may authorise investigation 14
The PP&C committee may, before considering the matter, 15
authorise an investigation into the matter if it reasonably 16
believes further information is required to decide the matter. 17
110 Notice to be given to college if PP&C committee 18
authorise investigation 19
If the PP&C committee authorises an investigation under 20
section 109-- 21
(a) the committee must, as soon as practicable, give the 22
college a notice stating each of the following-- 23
(i) the name of the relevant teacher; 24
18 Chapter 6 (Disciplinary committees), part 2 (Teachers Disciplinary Committee),
division 2 (Disciplinary proceedings conducted by Teachers Disciplinary
Committee)
19 See section 201 (Investigator's report).
s 111 80 s 112
Education (Queensland College of Teachers) Bill 2005
(ii) if the investigation relates to a complaint--the 1
nature of the complaint; 2
(iii) if the investigation does not relate to a 3
complaint--the grounds forming the basis of the 4
investigation; 5
(iv) any other information relevant to the investigation 6
that is held by the committee; and 7
(b) the college must arrange for the matter to be investigated 8
as soon as practicable after receiving the notice. 9
111 Application of ch 6, pt 1, div 2 10
Chapter 6, part 1, division 2, applies to the PP&C committee
20
11
dealing with the matter. 12
Part 5 Other provisions 13
112 Reporting of offences 14
(1) This section applies if the college or Teachers Disciplinary 15
Committee becomes aware, or reasonably suspects, that 16
disciplinary information or other information before it 17
discloses an offence. 18
(2) The chairperson of the board or committee may-- 19
(a) report the offence to 1 or more of the following 20
persons-- 21
(i) the commissioner of police; 22
(ii) the Crime and Misconduct Commission; 23
(iii) the chief executive; and 24
(b) make available to the person or persons all relevant 25
information held by the college or committee. 26
20 Chapter 6 (Disciplinary committees), part 1 (PP&C committee), division 2
(Disciplinary proceedings of PP&C committee)
s 113 81 s 115
Education (Queensland College of Teachers) Bill 2005
Chapter 6 Disciplinary committees 1
Part 1 PP&C committee 2
Division 1 Establishment, membership and 3
functions 4
113 Establishment 5
The college must establish a committee called the 6
Professional Practice and Conduct Committee. 7
114 Membership 8
(1) The PP&C committee must consist of 3 members of the 9
board. 10
(2) Of the 3 committee members-- 11
(a) 2 must be registered teachers; and 12
(b) 1 must not be a registered teacher. 13
(3) The college must appoint 1 of the committee members to be 14
the committee's chairperson. 15
115 Functions of PP&C committee 16
(1) The functions of the PP&C committee are, in relation to a 17
relevant disciplinary matter, to-- 18
(a) authorise an investigation into the matter before hearing 19
and deciding it; or 20
(b) refer the matter to the Teachers Disciplinary Committee 21
for hearing; or 22
(c) hear and decide the matter. 23
(2) In this section-- 24
relevant disciplinary matter means a disciplinary matter-- 25
s 116 82 s 117
Education (Queensland College of Teachers) Bill 2005
(a) referred to the PP&C committee by the college under 1
section 97; or 2
(b) for which the college authorised an investigation under 3
section 98 and the investigator's report has been given to 4
the PP&C committee. 5
Division 2 Disciplinary proceedings of PP&C 6
committee 7
116 PP&C committee may conduct disciplinary proceedings 8
by hearing or on correspondence 9
(1) The PP&C committee may conduct disciplinary proceedings 10
by hearing or on correspondence. 11
(2) However, the proceedings may not be conducted on 12
correspondence if the relevant teacher requires the 13
proceedings be conducted by hearing by giving the committee 14
a notice mentioned in section 118(2)(c)(i). 15
117 Procedure for hearing by PP&C committee 16
(1) If the PP&C committee decides to conduct disciplinary 17
proceedings by hearing, the hearing must be closed to the 18
public. 19
(2) The committee must decide the matter in the way it considers 20
appropriate, but must-- 21
(a) observe natural justice; and 22
(b) act as quickly, and with as little formality and 23
technicality, as is consistent with a fair and proper 24
consideration of the issues. 25
(3) The committee-- 26
(a) is not bound by the rules of evidence; and 27
(b) may inform itself in the way, and to the extent, the 28
committee considers appropriate; and 29
(c) may decide the procedures to be followed for the 30
proceedings; and 31
s 118 83 s 118
Education (Queensland College of Teachers) Bill 2005
(d) may receive evidence on oath or by statutory 1
declaration. 2
(4) The chairperson of the committee, or a member of the 3
committee permitted by the chairperson, may administer an 4
oath to a person appearing before the committee. 5
118 Notice of intention to conduct disciplinary proceedings 6
by correspondence 7
(1) If the PP&C committee decides to conduct disciplinary 8
proceedings by correspondence, it must give notice about its 9
intention to conduct the proceedings by correspondence to-- 10
(a) the relevant teacher; and 11
(b) if the disciplinary proceedings originated from a 12
complaint--the complainant. 13
(2) The notice must state the following-- 14
(a) the ground for the disciplinary action against the 15
relevant teacher; 16
(b) the facts and circumstances forming the basis for the 17
ground; 18
(c) that the relevant teacher may do either of the following 19
within a period stated in the notice-- 20
(i) give the committee a notice requiring the 21
committee to conduct the proceedings by hearing; 22
or 23
(ii) give the committee a written submission about the 24
ground; 25
(d) that, even if the teacher does not give a notice or make a 26
submission mentioned in paragraph (c), the committee 27
may-- 28
(i) continue the disciplinary proceedings; and 29
(ii) make a decision about whether the ground for 30
disciplinary action is established. 31
(3) The period for giving a notice or making a submission stated 32
in the notice under subsection (2)(c) must be at least 14 days 33
after the relevant teacher is given the notice. 34
s 119 84 s 121
Education (Queensland College of Teachers) Bill 2005
119 Substituted service on relevant teacher or complainant 1
(1) The PP&C committee may order substituted service of a 2
notice under section 118 on the relevant teacher or the 3
complainant (if any), if the committee is satisfied service can 4
not be effected on the person. 5
(2) Substituted service may be effected in any way ordered, 6
including, for example, by facsimile or telephone. 7
(3) If the relevant teacher or complainant is served with a notice 8
as ordered by the committee under subsection (1), the notice 9
is taken to have been given to the person under section 118. 10
120 PP&C committee may require other information 11
(1) For conducting disciplinary proceedings by correspondence, 12
the PP&C committee may, by notice given to the relevant 13
teacher or another person, require the relevant teacher or other 14
person to give the committee information, including a 15
document, relevant to the disciplinary proceedings. 16
(2) If a document is given to the committee under subsection (1), 17
the committee may make a copy of, or take an extract from, it. 18
121 Power of PP&C committee to continue disciplinary 19
proceedings without receiving relevant teacher's 20
submission 21
(1) This section applies if the relevant teacher does not-- 22
(a) make a written submission about the ground for 23
disciplinary action as stated in a notice given to the 24
relevant teacher by the PP&C committee under section 25
118; or 26
(b) give information as required under section 120. 27
(2) The committee may-- 28
(a) continue the disciplinary proceedings; and 29
(b) make a decision about whether the ground for 30
disciplinary action is established. 31
s 122 85 s 123
Education (Queensland College of Teachers) Bill 2005
122 Offence for failing to give information and protection 1
against self-incrimination 2
(1) A person given a notice under section 120 must not fail, 3
without a reasonable excuse, to give the PP&C committee the 4
information the person is required to give by the notice. 5
Maximum penalty--60 penalty units. 6
(2) For subsection (1), it is a reasonable excuse for an individual 7
to fail to give information, if giving the information might 8
tend to incriminate the individual. 9
(3) An individual is not required to produce to the PP&C 10
committee a document or thing, or answer a question asked by 11
the committee, if producing the document or thing or 12
answering the question might tend to incriminate the 13
individual. 14
123 Disciplinary action by PP&C committee 15
(1) This section applies if the PP&C committee reasonably 16
believes a ground for disciplinary action against the relevant 17
teacher exists. 18
(2) The committee may, as it considers it appropriate in the 19
circumstances, decide to do 1 or more of the following-- 20
(a) not take further action against the teacher; 21
(b) refer the matter to the Teachers Disciplinary Committee, 22
if the committee believes disciplinary action mentioned 23
in section 160(2)(d) to (h) or (j)21 should be taken 24
against the teacher; 25
(c) issue a warning or reprimand to the teacher; 26
(d) make an order that a particular notation or endorsement 27
about the teacher be entered in the register; 28
(e) accept an undertaking from the teacher. 29
(3) In making its decision, the committee must have regard to the 30
following considerations-- 31
(a) primarily, the welfare and best interests of children; 32
21 Section 160 (Decision about disciplinary action against approved teacher)
s 124 86 s 125
Education (Queensland College of Teachers) Bill 2005
(b) the objects of this Act; 1
(c) the circumstances of the case and the seriousness of the 2
matter. 3
(4) As soon as practicable after making its decision, the 4
committee must-- 5
(a) if it decides to do a thing mentioned in subsection (2)(c), 6
(d) or (e)--give the teacher an information notice about 7
the decision; or 8
(b) otherwise--give the teacher notice of the decision and 9
the reasons for it. 10
(5) Also, if the disciplinary matter originated from a complaint, 11
the committee must, as soon as practicable after making its 12
decision, give notice of the decision and the reasons for it to 13
the complainant. 14
(6) The committee's decision is binding on the college and the 15
relevant teacher. 16
(7) The college must give effect to, or secure compliance with, 17
the committee's decision. 18
Part 2 Teachers Disciplinary 19
Committee 20
Division 1 Establishment, membership and 21
functions 22
124 Establishment of Teachers Disciplinary Committee 23
The Teachers Disciplinary Committee is established. 24
125 Members of Teachers Disciplinary Committee 25
(1) The Teachers Disciplinary Committee consists of the 26
following persons nominated by the Minister-- 27
s 126 87 s 126
Education (Queensland College of Teachers) Bill 2005
(a) 1 lawyer of at least 5 years standing who is familiar with 1
school environments; 2
(b) 2 registered teachers; 3
(c) 2 persons who are not registered teachers. 4
(2) The persons mentioned in subsection (1)(b) and (c) must be 5
nominated from a list of persons given to the Minister by the 6
chairperson of the board. 7
(3) A person can not become, or continue as, a member of the 8
committee if the person is or becomes a member of the board. 9
(4) The members of the committee must be appointed by the 10
Governor in Council for a term of not more than 4 years. 11
(5) A person who is a member of the committee ceases to be a 12
member if the person-- 13
(a) resigns by signed notice of resignation given to the 14
Minister; or 15
(b) if the person was nominated under paragraph (b) or (c) 16
of subsection (1)--is no longer a person described by 17
the paragraph; or 18
(c) is removed as a member of the committee by the 19
Governor in Council under subsection (6). 20
(6) The Governor in Council may remove a member of the 21
committee if the Governor in Council reasonably considers 22
the member-- 23
(a) is incapable of properly discharging the functions of a 24
member of the committee; or 25
(b) is performing the member's duties carelessly, 26
incompetently or inefficiently. 27
126 Chairperson of Teachers Disciplinary Committee 28
The member of the Teachers Disciplinary Committee 29
mentioned in section 125(1)(a) is the chairperson of the 30
committee. 31
s 127 88 s 127
Education (Queensland College of Teachers) Bill 2005
127 Constitution of Teachers Disciplinary Committee for 1
disciplinary proceedings 2
(1) For disciplinary proceedings, the Teachers Disciplinary 3
Committee is to be constituted under the chairperson's 4
direction. 5
(2) The chairperson of the Teachers Disciplinary Committee must 6
direct the constitution of the committee as soon as practicable 7
after a disciplinary matter is referred to the committee by the 8
college or the PP&C committee. 9
(3) The committee must be constituted by-- 10
(a) the chairperson of the committee; and 11
(b) 2 other members of the committee, of whom-- 12
(i) 1 must be a registered teacher; and 13
(ii) 1 must be a person who is not a registered teacher. 14
(4) The chairperson may direct that another member of the 15
committee be a constituting member under subsection (3)(b) 16
only if the chairperson reasonably believes the member is not 17
an interested member for the proceedings. 18
(5) However, subsection (6) applies if, before disciplinary 19
proceedings start, the chairperson believes he or she will be 20
unable to take part in the proceedings as a member of the 21
committee. 22
(6) The chairperson may, before the proceedings start, appoint in 23
writing another member of the committee (the substitute 24
chairperson) to act as the chairperson of the committee for 25
the proceedings. 26
(7) Also, the chairperson must appoint a substitute chairperson 27
under subsection (6) if the chairperson believes he or she is an 28
interested member for the proceedings. 29
(8) A substitute chairperson must perform the functions of, and 30
may exercise all the powers of, the chairperson of the 31
committee under this Act for the disciplinary proceedings. 32
33
Example of a function to be performed by a substitute chairperson--
34
directing the constitution of the committee for the disciplinary
35
proceedings under subsection (2)
(9) In this section-- 36
s 128 89 s 130
Education (Queensland College of Teachers) Bill 2005
interested member, for disciplinary proceedings, means a 1
member of the Teachers Disciplinary Committee who has a 2
personal or professional connection with the relevant teacher 3
to whom the proceedings relate that may prejudice the way 4
the member performs the member's functions as a member of 5
the committee. 6
128 Payment of members 7
A member of the Teachers Disciplinary Committee is entitled 8
to be paid the remuneration and allowances decided by the 9
Governor in Council. 10
129 Functions of Teachers Disciplinary Committee 11
The functions of the Teachers Disciplinary Committee are to 12
conduct a hearing, and make decisions, about disciplinary 13
matters referred to the committee by the college or the PP&C 14
committee. 15
Division 2 Disciplinary proceedings 16
conducted by Teachers Disciplinary 17
Committee 18
Subdivision 1 Preliminary 19
130 Application of div 2 20
This division applies to disciplinary proceedings before the 21
Teachers Disciplinary Committee relating to-- 22
(a) a general matter; or 23
(b) a PP&C matter referred to the committee by the PP&C 24
committee under section 123(2)(b).22 25
22 Section 123 (Disciplinary action by PP&C committee)
s 131 90 s 133
Education (Queensland College of Teachers) Bill 2005
131 Parties to disciplinary proceedings 1
The parties to disciplinary proceedings before the committee 2
are-- 3
(a) the relevant teacher to whom the proceedings relate; and 4
(b) the college. 5
Subdivision 2 Proceedings of Teachers 6
Disciplinary Committee 7
132 Time and place of hearing 8
The hearing for disciplinary proceedings before the 9
committee must be conducted at the time and place decided 10
by the chairperson of the committee. 11
133 Notice of intention to conduct hearing 12
(1) The college must give notice about the committee's intention 13
to conduct the hearing. 14
(2) The notice must be given to-- 15
(a) the relevant teacher; and 16
(b) if the matter originated from a complaint--the 17
complainant. 18
(3) The notice must state each of the following matters-- 19
(a) the ground for disciplinary action against the teacher; 20
(b) the facts and circumstances forming the basis of the 21
ground; 22
(c) the time and place of the hearing; 23
(d) the names of the committee members constituting the 24
committee for the disciplinary proceedings; 25
(e) if the matter relates to a complaint--that the 26
complainant may attend the hearing; 27
(f) that the teacher may be accompanied at the hearing by a 28
lawyer or other person. 29
s 134 91 s 135
Education (Queensland College of Teachers) Bill 2005
(4) The time for the hearing stated in the notice must be-- 1
(a) if the teacher has been suspended under section 49--not 2
more than 14 days after the day the teacher was 3
suspended; or 4
(b) otherwise--at least 14 days after the day the teacher is 5
given the notice. 6
134 Substituted service on relevant teacher and complainant 7
(1) This section applies if the committee is satisfied service of the 8
notice mentioned in section 133 can not be effected under 9
section 133(2) on the relevant teacher or the complainant (if 10
any). 11
(2) The committee may order substituted service of the notice on 12
the person. 13
(3) Substituted service may be effected in any way ordered, 14
including, for example, by facsimile or telephone. 15
(4) If the relevant teacher or the complainant is served with the 16
notice as ordered by the committee under subsection (2), the 17
notice is taken to have been given to the person under section 18
133. 19
135 Pre-hearing conference 20
(1) The committee may, before the hearing starts, hold a 21
conference for considering, or giving directions about, any 22
matter within its jurisdiction. 23
24
Examples of matters within the committee's jurisdiction--
25
· the date of the hearing
26
· the exchange of documents by the parties before the hearing
(2) At or after the conference, the committee may give the 27
directions about the matter or proceeding it considers 28
appropriate. 29
(3) A conference may be held, and directions given, on the 30
application of a party or on the committee's own initiative. 31
(4) A conference may be conducted, and directions given, by 32
telephone, video link or another form of communication 33
s 136 92 s 136
Education (Queensland College of Teachers) Bill 2005
allowing reasonably contemporaneous and continuous 1
communication between the persons taking part in the 2
conference. 3
(5) The committee may delegate the power to hold a pre-hearing 4
conference to a committee member. 5
136 Committee may require health assessment 6
(1) This section applies if, before or during the hearing, the 7
committee reasonably believes it is necessary for the relevant 8
teacher to undergo a health assessment to enable the 9
committee to decide whether a ground for disciplinary action 10
against the teacher is established. 11
(2) The committee may, by notice given to the teacher, require the 12
teacher to undergo a health assessment conducted by an 13
appointed person at a reasonable time and place. 14
(3) The committee may appoint a person to conduct the 15
assessment only if the committee is reasonably satisfied the 16
person has the necessary qualifications, expertise or 17
experience. 18
(4) The notice must state each following-- 19
(a) the reasons for the health assessment; 20
(b) the name and qualifications of the person appointed by 21
the committee to conduct the assessment; 22
(c) the place where, and the day and time at which, the 23
assessment is to be conducted. 24
(5) The relevant teacher must not fail, without reasonable 25
excuse-- 26
(a) to attend as required by the notice; and 27
(b) to continue to attend as required by the person 28
conducting the health assessment until excused from 29
further attendance; and 30
(c) to cooperate with the person in the conduct of the health 31
assessment. 32
Maximum penalty--50 penalty units. 33
(6) The cost of the assessment must be met by the college. 34
s 137 93 s 139
Education (Queensland College of Teachers) Bill 2005
137 Hearing open to the public 1
(1) The hearing is open to the public. 2
(2) Subsection (1) does not apply if-- 3
(a) the committee decides all or part of the hearing should 4
be closed to the public; or 5
(b) the relevant teacher asks the committee for all or part of 6
the hearing to be closed to the public. 7
(3) However, even if the relevant teacher makes a request 8
mentioned in subsection (2)(b), the committee may decide to 9
keep all or a part of the hearing open to the public if the 10
committee considers it would be in the public interest to do 11
so. 12
138 Attendance and appearance at hearing 13
(1) At the hearing, the relevant teacher may be accompanied by a 14
lawyer or another person and has the right to be represented 15
by the lawyer or other person. 16
(2) Any of the following persons may appear at the hearing to 17
present evidence to, or help, the committee-- 18
(a) a lawyer; 19
(b) a member of the board; 20
(c) a member of the office's staff. 21
(3) Also, if the matter originated from a complaint, the 22
complainant may attend the hearing. 23
(4) Subsection (3) applies even if all or part of the hearing is 24
closed to the public, but is subject to section 139. 25
139 Committee may exclude complainant or witness 26
from hearing 27
(1) This section applies if any of the following persons are to give 28
evidence at the hearing-- 29
(a) if the matter relates to a complaint--the complainant; 30
(b) a witness. 31
s 140 94 s 141
Education (Queensland College of Teachers) Bill 2005
(2) The committee may direct that the person be excluded from a 1
part or all of the hearing until the person gives evidence, if the 2
committee reasonably believes the person's attendance before 3
giving evidence would seriously prejudice the fairness of the 4
hearing. 5
140 Committee may exclude disruptive person from 6
hearing 7
The committee may direct a person attending the hearing, 8
other than the relevant teacher, to leave if the person is 9
disrupting the hearing. 10
141 Procedure for hearing by committee 11
(1) When conducting a hearing, the committee-- 12
(a) must comply with natural justice; and 13
(b) must act as quickly, and with as little formality and 14
technicality, as is consistent with a fair and proper 15
consideration of the issues before it; and 16
(c) is not bound by the rules of evidence; and 17
(d) may inform itself of anything in the way it considers 18
appropriate. 19
(2) The chairperson of the committee may decide the procedures 20
to be followed for the hearing. 21
(3) The committee must-- 22
(a) tell the relevant teacher-- 23
(i) the facts and circumstances for bringing the 24
disciplinary proceedings against the teacher; and 25
(ii) the possible disciplinary action the committee may 26
take under section 160 or 161;23 and 27
(b) if asked by the relevant teacher, explain to the teacher 28
any aspect of the committee's procedures, or any 29
decisions or rulings, relating to the hearing; and 30
23 Section 160 (Decision about disciplinary action against approved teacher) or 161
(Decision about disciplinary action against former approved teacher)
s 142 95 s 144
Education (Queensland College of Teachers) Bill 2005
(c) ensure the relevant teacher has the fullest opportunity 1
practicable to be heard. 2
142 Committee may require evidence on oath or by statutory 3
declaration 4
At the hearing, the committee may require evidence on oath or 5
by statutory declaration. 6
143 Evidence by telephone, video link or another form of 7
communication 8
(1) The committee may decide to receive evidence or submissions 9
for the hearing by using any technology allowing reasonably 10
contemporaneous and continuous communication between the 11
committee members and other persons taking part in the 12
hearing. 13
14
Example of technology allowing reasonably contemporaneous and
15
continuous communication--
16
teleconferencing
(2) The committee may impose conditions on the receipt of 17
evidence or submissions under subsection (1). 18
144 Witnesses 19
(1) The committee may, by notice (an attendance notice) given to 20
a person, require the person to attend the hearing at a stated 21
reasonable time and place to-- 22
(a) give evidence or answer questions; or 23
(b) produce a stated thing. 24
(2) The chairperson of the committee, or a member of the 25
committee permitted by the chairperson, may administer an 26
oath to a person appearing as a witness before the committee. 27
(3) The relevant teacher or the college may ask the committee for 28
an attendance notice to be given to a person. 29
(4) The committee must give the attendance notice to the person 30
unless the committee reasonably believes it is unnecessary or 31
inappropriate to do so. 32
s 145 96 s 146
Education (Queensland College of Teachers) Bill 2005
145 Allowance to witnesses 1
(1) A witness who appears at a hearing before the committee is 2
entitled to be paid an allowance for attendance at the hearing. 3
(2) The amount of the allowance is-- 4
(a) the amount prescribed under a regulation; or 5
(b) if there is no amount prescribed under a regulation--the 6
amount considered reasonable by the chairperson of the 7
committee. 8
(3) The allowance must be paid by the college. 9
146 Provision for witnesses who are children 10
(1) This section applies if a witness who appears before the 11
committee is a child. 12
(2) The committee may, of its own initiative or on the application 13
of a party to the proceedings, do any of the following things-- 14
(a) exclude the relevant teacher from the room in which the 15
hearing is being held while the witness is giving 16
evidence; 17
(b) obscure the relevant teacher from the view of the 18
witness while the witness is giving evidence or is 19
required to appear before the committee for another 20
purpose; 21
(c) while the witness is giving evidence, exclude particular 22
persons from the room in which the hearing is being 23
held; 24
(d) have the witness give evidence in a room-- 25
(i) other than the room in which the hearing is being 26
held; and 27
(ii) from which particular persons are excluded; 28
(e) have a person approved by the committee be present 29
while the witness is giving evidence or is required to 30
appear before the committee for any other purpose, to 31
provide emotional support to the witness; 32
(f) allow a videotape of the evidence of the witness or a 33
portion of it to be made under stated conditions and the 34
s 147 97 s 148
Education (Queensland College of Teachers) Bill 2005
videotaped evidence to be viewed and heard in the 1
proceedings instead of the direct testimony of the 2
witness. 3
(3) An order must not be made under subsection (2) if it appears 4
to the committee that the making of the order would unfairly 5
prejudice a party to the proceedings. 6
(4) If the committee makes an order under subsection (2)(a), (c) 7
or (d), provision must be made, by means of an electronic 8
device or otherwise, for the relevant teacher to see and hear 9
the witness while the witness is giving evidence. 10
(5) Also, if the committee makes an order under subsection (2)(f), 11
a person entitled in the proceedings to examine or 12
cross-examine the witness must be given a reasonable 13
opportunity to view any portion of the videotape relevant to 14
the conduct of the examination or cross-examination. 15
147 Receiving or adopting findings etc. in other proceedings 16
During the hearing, the committee may-- 17
(a) receive in evidence a transcript, or part of a transcript, of 18
evidence taken in a proceeding before a disciplinary 19
body or a court, tribunal or other entity established 20
under the law of the State, the Commonwealth, another 21
State or a foreign country, and draw conclusions of fact 22
from the evidence it considers appropriate; or 23
(b) adopt, as it considers appropriate, decisions, findings, 24
judgments, or reasons for judgment, of a disciplinary 25
body, court, tribunal or other entity that may be relevant 26
to the hearing. 27
148 Committee may proceed in absence of relevant teacher or 28
may adjourn hearing 29
(1) At the hearing, the committee may proceed in the absence of 30
the relevant teacher if it reasonably believes the teacher has 31
been given notice of the hearing. 32
(2) The committee may adjourn the hearing from time to time. 33
s 149 98 s 150
Education (Queensland College of Teachers) Bill 2005
149 Questions to be decided by majority of committee 1
members 2
(1) Subject to subsection (2), a question before the committee 3
must be decided by a majority vote of the committee members 4
and, if the votes are equal, the chairperson of the committee 5
has a casting vote. 6
(2) The chairperson's decision on a question of law is taken to be 7
the committee's decision on the question. 8
150 Procedure if committee member unable to participate 9
further in the disciplinary proceedings 10
(1) This section applies if-- 11
(a) the committee has started to hear the matter but has not 12
made its decision under subdivision 4;24 and 13
(b) a constituting member ceases to be a committee member 14
or, for another reason, is unable to take further part in 15
the disciplinary proceedings. 16
(2) Unless the committee member mentioned in subsection (1)(b) 17
was or is the committee's chairperson, the remaining 18
constituting members may, if the relevant teacher consents, 19
constitute the Teachers Disciplinary Committee for finishing 20
the proceedings and making the decision. 21
(3) A remaining committee member may be a member of the 22
reconstituted committee. 23
(4) The reconstituted committee must continue and finish the 24
disciplinary proceedings and, for that purpose, may have 25
regard to any record relating to the proceedings made by the 26
committee as previously constituted. 27
(5) A new committee must be constituted to hear the proceedings 28
if-- 29
(a) the member mentioned in subsection (1)(b) was or is the 30
committee's chairperson; or 31
(b) the relevant teacher does not consent to the remaining 32
committee members constituting the committee. 33
24 Subdivision 4 (Decision on completion of disciplinary proceedings)
s 151 99 s 152
Education (Queensland College of Teachers) Bill 2005
(6) In this section-- 1
constituting members, of the Teachers Disciplinary 2
Committee, means the committee members constituting the 3
committee for the disciplinary proceedings. 4
151 Inspection of things 5
(1) The committee may inspect anything produced to it at the 6
hearing. 7
(2) If the committee reasonably considers the thing may be 8
relevant to the hearing, the committee may do all or any of the 9
following-- 10
(a) photograph the thing; 11
(b) for a document--make a copy of, or take an extract 12
from, it; 13
(c) keep the thing while it is necessary for the hearing. 14
(3) If the committee keeps the thing, the committee must allow a 15
person otherwise entitled to possession of the thing to-- 16
(a) for a document--inspect, copy, or take an extract from, 17
the document, at the reasonable time and place the 18
committee decides; or 19
(b) for another thing--inspect or photograph the thing, at 20
the reasonable time and place the committee decides. 21
152 Interim orders 22
(1) This section applies if the committee reasonably believes it is 23
necessary to make an order (an interim order) exercising a 24
power conferred on the committee under section 160 or 161, 25
pending its final decision. 26
(2) The committee may make the interim order. 27
(3) The interim order must be the least onerous order the 28
committee considers necessary in the circumstances. 29
(4) The interim order has effect from the time it is made and ends 30
when the first of the following happens-- 31
(a) the disciplinary proceedings end; 32
s 153 100 s 154
Education (Queensland College of Teachers) Bill 2005
(b) the time stated in the order for it to end arrives; 1
(c) the committee revokes the order. 2
(5) The college must give effect to an interim order made by the 3
committee under this section. 4
153 Committee to make record of proceedings 5
(1) The committee must make, in the way it considers 6
appropriate, a record of evidence given to it for the 7
disciplinary proceedings. 8
(2) However, the committee is not required to make a transcript of 9
the proceedings. 10
Subdivision 3 Offences about disciplinary 11
proceedings dealt with by Teachers 12
Disciplinary Committee 13
154 Offences about attending hearing, answering 14
questions and related matters 15
(1) A person given an attendance notice must not fail, without 16
reasonable excuse-- 17
(a) to attend as required by the attendance notice; or 18
(b) to continue to attend as required by the committee until 19
excused from further attendance. 20
Maximum penalty--60 penalty units. 21
(2) At the hearing, a person appearing as a witness must not-- 22
(a) fail to take an oath or make an affirmation when 23
required by the committee; or 24
(b) fail, without reasonable excuse, to answer a question the 25
person is required by a committee member to answer; or 26
(c) fail, without reasonable excuse, to produce a thing the 27
person is required by an attendance notice to produce. 28
Maximum penalty--60 penalty units. 29
s 155 101 s 157
Education (Queensland College of Teachers) Bill 2005
(3) It is a reasonable excuse for a witness to fail to answer a 1
question or produce a thing that answering the question or 2
producing the thing might tend to incriminate the witness. 3
155 False or misleading information 4
A person must not state anything to the committee the person 5
knows is false or misleading in a material particular. 6
Maximum penalty--50 penalty units. 7
156 False or misleading documents 8
(1) A person must not give to the committee a document 9
containing information the person knows is false or 10
misleading in a material particular. 11
Maximum penalty--50 penalty units. 12
(2) Subsection (1) does not apply to a person who, when giving 13
the document-- 14
(a) informs the committee, to the best of the person's 15
ability, how it is false or misleading; and 16
(b) gives the correct information to the committee if the 17
person has, or can reasonably obtain, the correct 18
information. 19
157 Contempt of committee 20
At a hearing by the committee, a person must not-- 21
(a) insult the committee or a committee member; or 22
(b) deliberately interrupt the hearing; or 23
(c) create, continue, or join in creating or continuing, a 24
disturbance in or near a place where the hearing is being 25
conducted; or 26
(d) attempt to improperly influence the committee; or 27
(e) without lawful excuse, disobey a lawful order or 28
direction of the committee; or 29
s 158 102 s 160
Education (Queensland College of Teachers) Bill 2005
(f) do anything else that would be contempt of court if the 1
committee were a court of record. 2
Maximum penalty--50 penalty units. 3
Subdivision 4 Decision on completion of 4
disciplinary proceedings 5
158 Decision about whether ground for disciplinary action is 6
established 7
(1) As soon as practicable after finishing the hearing, the 8
committee must decide whether a ground for disciplinary 9
action against the relevant teacher has been established. 10
(2) In making its decision, the committee must have regard to any 11
relevant previous decision by a disciplinary committee of 12
which the committee is aware. 13
(3) Subsection (2) does not limit the matters the committee may 14
consider in making its decision. 15
159 Ending of suspension if ground for disciplinary action 16
not established 17
(1) This section applies if-- 18
(a) the committee decides no ground for disciplinary action 19
against the relevant teacher has been established; and 20
(b) the relevant teacher is suspended under section 48 or 21
49.25 22
(2) The committee must end the suspension. 23
160 Decision about disciplinary action against approved 24
teacher 25
(1) This section applies if the relevant teacher is an approved 26
teacher. 27
25 Section 48 (Effect of charge for excluding offence pending charge being dealt with)
or 49 (College's power to suspend if approved teacher poses imminent risk of harm
to children)
s 160 103 s 160
Education (Queensland College of Teachers) Bill 2005
(2) If the committee decides a ground for disciplinary action 1
against the relevant teacher has been established, the 2
committee may do 1 or more of the following-- 3
(a) decide to take no further action in relation to the matter; 4
(b) if the teacher is suspended under section 48 or 49--end 5
the suspension; 6
(c) issue a warning or reprimand to the teacher; 7
(d) cancel the teacher's registration or permission to teach; 8
(e) suspend the teacher's registration or permission to teach 9
for a stated time; 10
(f) make an order requiring the teacher to pay to the 11
college, by way of costs, an amount the committee 12
considers appropriate having regard to-- 13
(i) any expenses incurred by the college in 14
investigating the matter; and 15
(ii) the expenses the committee has incurred in 16
conducting the hearing; 17
(g) make an order requiring the teacher to pay to the 18
college, by way of penalty, an amount fixed by the 19
committee but not more than the equivalent of 20 20
penalty units; 21
(h) impose conditions on, or amend or remove conditions 22
on, the teacher's registration or permission to teach; 23
(i) make an order that a particular notation or endorsement 24
about the teacher be entered in the register; 25
(j) if the committee cancels the teachers' registration or 26
permission to teach--make an order prohibiting the 27
teacher from reapplying for registration or permission to 28
teach for not more than 5 years from the day the order is 29
made; 30
(k) make another order the committee considers 31
appropriate; 32
(l) accept an undertaking from the teacher. 33
s 161 104 s 162
Education (Queensland College of Teachers) Bill 2005
161 Decision about disciplinary action against former 1
approved teacher 2
(1) This section applies if the relevant teacher is a former 3
approved teacher. 4
(2) If the committee decides a ground for disciplinary action 5
against the relevant teacher has been established, the 6
committee may do 1 or more of the following-- 7
(a) decide to take no further action in relation to the matter; 8
(b) make an order requiring the teacher to pay to the 9
college, by way of costs, an amount the committee 10
considers appropriate having regard to-- 11
(i) any expenses incurred by the college in 12
investigating the matter; and 13
(ii) the expenses the committee has incurred in 14
conducting the hearing; 15
(c) if the committee would have made an order cancelling 16
the teacher's registration or permission to teach if the 17
teacher had been an approved teacher--make an order 18
prohibiting the teacher from reapplying for registration 19
or permission to teach for not more than 5 years from 20
the day the order is made; 21
(d) make an order that a particular notation or endorsement 22
about the teacher be entered in the register. 23
162 Committee may make an order prohibiting publication of 24
particular information 25
The committee may order that any of the following must not 26
be published-- 27
(a) the name of-- 28
(i) the relevant teacher or a complainant; or 29
(ii) a person who appears before the committee as a 30
witness; 31
(b) evidence given before the committee; 32
(c) the contents of a document produced to the committee. 33
s 163 105 s 164
Education (Queensland College of Teachers) Bill 2005
Subdivision 5 Action after decision about 1
disciplinary action 2
163 Notification of committee's decision 3
(1) The committee must, as soon as practicable after making a 4
decision under subdivision 4, give notice about the decision to 5
the parties. 6
(2) The notice must state each of the following-- 7
(a) the committee's decision about whether a ground for 8
disciplinary action against the relevant teacher is 9
established; 10
(b) the disciplinary action (if any) the committee has 11
decided to take against the teacher; 12
(c) the reasons for the decisions mentioned in paragraphs 13
(a) and (b); 14
(d) that the teacher and the college may, within 28 days 15
after the notice is given, appeal against a decision 16
mentioned in paragraph (a) or (b) to the District Court; 17
(e) how to appeal. 18
(3) The decision takes effect on the later of-- 19
(a) the day the notice is given to the teacher; or 20
(b) the day of effect stated in the notice. 21
164 College may notify other persons 22
(1) After the committee makes a decision about disciplinary 23
proceedings against a relevant teacher, the college may, by 24
notice-- 25
(a) if the proceedings originated from a complaint--advise 26
the complainant about the committee's decision; or 27
(b) advise any of the following persons about the 28
committee's decision-- 29
(i) the chief executive; 30
(ii) interstate or overseas regulatory authorities; 31
s 165 106 s 166
Education (Queensland College of Teachers) Bill 2005
(iii) the employing authority for a school; 1
(iv) the Minister; 2
(v) any other entity relevant to the teacher's practice of 3
the teaching profession. 4
(2) Subject to section 165, the college must not give a notice 5
about the decision to a person under subsection (1)(b) unless 6
the college reasonably believes the entity needs to know about 7
the decision. 8
(3) This section does not limit the college's power to record in the 9
register-- 10
(a) a notation or endorsement about the teacher under an 11
order made by the committee; or 12
(b) a condition imposed on the teacher's registration or 13
permission to teach by the committee. 14
165 Requirement to notify particular interstate regulatory 15
authorities about decision 16
The college must, as soon as practicable after the committee 17
makes a decision about disciplinary proceedings against a 18
relevant teacher, give notice of the decision to interstate 19
regulatory authorities with which the college is aware the 20
teacher is registered. 21
166 Publication of information about disciplinary 22
proceedings by college 23
(1) After the committee makes a decision about disciplinary 24
proceedings against a relevant teacher, the college may 25
publish the relevant teacher's identity and the nature and 26
outcome of the proceedings, including, for example, on the 27
college's Internet site or in the college's annual report or a 28
newsletter. 29
(2) The college must not publish any other information about the 30
disciplinary proceedings, including, for example, information 31
that identifies, or is likely to identify, a witness or 32
complainant. 33
s 167 107 s 169
Education (Queensland College of Teachers) Bill 2005
(3) This section does not affect the college's power to record in 1
the register details of a disciplinary order. 2
(4) Subsection (1) applies subject to an order prohibiting the 3
publication made by the committee under section 162. 4
Subdivision 6 Effect of decision 5
167 Effect of committee's decision 6
The committee's decision is binding on the college and the 7
relevant teacher. 8
168 Implementation of decision 9
The college must give effect to, or secure compliance with, 10
the committee's decision. 11
Subdivision 7 Immunities 12
169 Protection of committee members and other persons 13
(1) Members of the committee have, in performing their duties 14
for disciplinary proceedings, the same protection and 15
immunity as a Supreme Court judge performing the functions 16
of a judge. 17
(2) A lawyer or other person appearing before the committee for 18
someone else has the same protection and immunity as a 19
barrister appearing for a party in the Supreme Court. 20
(3) A person required to attend a hearing for disciplinary 21
proceedings, or appearing before the committee as a witness, 22
has the same protection the person would have if the 23
proceedings were being heard before the Supreme Court. 24
s 170 108 s 171
Education (Queensland College of Teachers) Bill 2005
Part 3 Miscellaneous provisions for 1
disciplinary proceedings 2
170 Office to keep record of disciplinary proceedings 3
(1) The office must keep a record of all disciplinary proceedings. 4
(2) The record must include-- 5
(a) details of the decisions made by the committee in 6
relation to the proceedings; and 7
(b) the reasons for the decisions. 8
171 Payment of costs or penalty 9
(1) This section applies if the Teachers Disciplinary Committee 10
orders, under section 102(5)(e) or (f), 160(2)(f) or (g) or 11
161(2)(b), the relevant teacher to pay an amount as costs or a 12
penalty. 13
(2) The amount is payable immediately or, if the committee 14
allows time for payment, at the end of the time allowed. 15
(3) The college may enforce the order by-- 16
(a) filing in the appropriate court's registry nearest the place 17
where the relevant teacher lives-- 18
(i) a copy of the order made by the committee, 19
certified by the chairperson of the board to be a 20
true copy; and 21
(ii) the chairperson of the board's affidavit about the 22
relevant teacher's failure to pay the amount under 23
the order; and 24
(b) serving a copy of the documents mentioned in paragraph 25
(a) on the relevant teacher. 26
(4) The registrar must register the order in the court. 27
(5) The order may be enforced as if it were a properly entered 28
judgment of the court. 29
(6) In this section-- 30
s 172 109 s 172
Education (Queensland College of Teachers) Bill 2005
appropriate court means the court with jurisdiction to order 1
payment of the amount required to be paid under the 2
disciplinary order. 3
Chapter 7 Investigations 4
Part 1 Investigations by employing 5
authorities 6
172 Particular investigation may be carried out on college's 7
behalf by an employing authority 8
(1) The college may enter into an agreement with the employing 9
authority for a school under which the employing authority 10
will investigate a disciplinary matter. 11
(2) An agreement may be entered into under subsection (1) only 12
if-- 13
(a) the relevant teacher to whom the disciplinary matter 14
relates consents in writing to the employing authority 15
carrying out the investigation; and 16
(b) the conditions on which the investigation is to be carried 17
out require that-- 18
(i) the process of the investigation must comply with 19
stated requirements of the college; and 20
(ii) an investigation report must be given to the college 21
within a stated period. 22
(3) The employing authority is not an investigator for this Act. 23
s 173 110 s 176
Education (Queensland College of Teachers) Bill 2005
Part 2 Investigators' functions and 1
powers generally 2
173 Functions of investigator 3
(1) An investigator has the functions of carrying out and reporting 4
on the investigation for which the investigator was appointed. 5
(2) An investigation may relate to-- 6
(a) a disciplinary matter; or 7
(b) monitoring and enforcing compliance with this Act, 8
either generally or in relation to a particular matter. 9
174 Powers of investigator 10
For performing the investigator's functions, an investigator 11
has the powers given to the investigator under this Act. 12
Part 3 Appointment of investigators 13
175 Appointment 14
(1) The college may appoint any of the following persons as an 15
investigator-- 16
(a) a member of the office's staff; 17
(b) a member of the board. 18
(2) However, the college may appoint a person as an investigator 19
only if it is satisfied the person is qualified for appointment 20
because the person has the necessary expertise or experience. 21
(3) More than 1 investigator may be appointed for an 22
investigation. 23
176 Appointment conditions and limit on powers 24
(1) An investigator holds office on the conditions stated in-- 25
s 177 111 s 179
Education (Queensland College of Teachers) Bill 2005
(a) the investigator's instrument of appointment; or 1
(b) a signed notice given to the investigator. 2
(2) The instrument of appointment or signed notice may limit the 3
investigator's powers under this Act. 4
(3) In this section-- 5
signed notice means a notice signed by the chairperson of the 6
board. 7
177 Issue of identity card 8
(1) The college must give an identity card to an investigator. 9
(2) The identity card must-- 10
(a) contain a recent photo of the investigator; and 11
(b) contain a copy of the investigator's signature; and 12
(c) identify the person as an investigator under this Act. 13
178 Production or display of identity card 14
(1) In exercising a power under this Act in relation to a person, an 15
investigator must-- 16
(a) produce the investigator's identity card for the person's 17
inspection before exercising the power; or 18
(b) have the identity card displayed so it is clearly visible to 19
the person when exercising the power. 20
(2) However, if it is not practicable to comply with subsection 21
(1), the investigator must produce the identity card for the 22
person's inspection at the first reasonable opportunity. 23
(3) For subsection (1), an investigator does not exercise a power 24
in relation to a person only because the investigator has 25
entered a place as mentioned in section 184(1)(b) or (2). 26
179 Resignation 27
(1) An investigator may resign by signed notice of resignation 28
given to the college. 29
s 180 112 s 182
Education (Queensland College of Teachers) Bill 2005
(2) Within 21 days after resigning, the investigator must give the 1
college a written report about the investigation carried out by 2
the investigator. 3
180 Return of identity card 4
A person who ceases to be an investigator must return the 5
person's identity card to the college within 15 business days 6
after ceasing to be an investigator, unless the person has a 7
reasonable excuse. 8
Maximum penalty--10 penalty units. 9
Part 4 Powers of investigators 10
Division 1 Power to obtain information 11
181 Power to require information or attendance 12
For carrying out an investigation, an investigator may, by 13
notice given to a person, require the person-- 14
(a) to give stated information to the investigator within a 15
stated reasonable time and in a stated reasonable way; or 16
(b) to attend before the investigator at a stated reasonable 17
time and place-- 18
(i) to answer questions; or 19
(ii) to produce a stated thing. 20
182 Offences 21
(1) A person required to give information to an investigator under 22
section 181 must give the information as required by the 23
notice, unless the person has a reasonable excuse. 24
Maximum penalty--50 penalty units. 25
s 183 113 s 183
Education (Queensland College of Teachers) Bill 2005
(2) A person given a notice to attend before an investigator under 1
section 181 must, unless the person has a reasonable excuse-- 2
(a) attend as required by the notice; and 3
(b) continue to attend as required by the investigator until 4
excused from further attendance; and 5
(c) answer a question the person is required to answer by 6
the investigator; and 7
(d) produce a thing the person is required to produce by the 8
notice. 9
Maximum penalty--50 penalty units. 10
(3) It is a reasonable excuse for an individual not to give 11
information, answer a question or produce a stated thing, that 12
giving the information, answering the question or producing 13
the thing might tend to incriminate the individual. 14
183 Inspection of produced things 15
(1) If a thing is produced to an investigator, whether under a 16
notice under section 181 or otherwise, the investigator may 17
inspect it. 18
(2) If the investigator reasonably considers the thing may be 19
relevant to the investigation being carried out by the 20
investigator, the investigator may do all or any of the 21
following-- 22
(a) photograph the thing; 23
(b) for a document--make a copy of, or take an extract 24
from, it; 25
(c) keep the thing while it is necessary for the investigation. 26
(3) If the investigator keeps the thing, the investigator must allow 27
a person otherwise entitled to possession of the thing-- 28
(a) for a document--to inspect, copy, or take an extract 29
from, the document, at the reasonable time and place the 30
investigator decides; or 31
(b) for another thing--to inspect or photograph the thing, at 32
the reasonable time and place the investigator decides. 33
s 184 114 s 185
Education (Queensland College of Teachers) Bill 2005
Division 2 Entry of places 1
184 Power to enter places 2
(1) An investigator may enter a place for carrying out an 3
investigation if-- 4
(a) an occupier of the place consents to the entry; or 5
(b) it is a public place and the entry is made when the place 6
is open to the public; or 7
(c) the entry is authorised by a warrant. 8
(2) For the purpose of asking an occupier of a place for consent to 9
enter, an investigator may, without the occupier's consent or a 10
warrant-- 11
(a) enter land around premises at the place to an extent that 12
is reasonable to contact the occupier; or 13
(b) enter part of the place the investigator reasonably 14
considers members of the public ordinarily are allowed 15
to enter when they wish to contact the occupier. 16
Division 3 Procedure for entry 17
185 Entry with consent 18
(1) This section applies if an investigator intends to ask an 19
occupier of a place to consent to the investigator or another 20
investigator entering the place under section 184(1)(a). 21
(2) Before asking for the consent, the investigator must tell the 22
occupier-- 23
(a) the purpose of the entry; and 24
(b) that the occupier is not required to consent. 25
(3) If the consent is given, the investigator may ask the occupier 26
to sign an acknowledgment of the consent. 27
(4) The acknowledgment must state-- 28
(a) the occupier has been told-- 29
s 186 115 s 187
Education (Queensland College of Teachers) Bill 2005
(i) the purpose of the entry; and 1
(ii) that the occupier is not required to consent; and 2
(b) the purpose of the entry; and 3
(c) the occupier gives the investigator consent to enter the 4
place and exercise powers under this part; and 5
(d) the time and date the consent was given. 6
(5) If the occupier signs the acknowledgment, the investigator 7
must immediately give a copy to the occupier. 8
(6) If-- 9
(a) an issue arises in a proceeding before a court or a 10
disciplinary committee about whether the occupier of 11
the place consented to the entry; and 12
(b) an acknowledgment mentioned in subsection (4) is not 13
produced in evidence; 14
the onus of proof is on the person relying on the lawfulness of 15
the entry to prove the occupier consented. 16
186 Application for warrant 17
(1) An investigator may apply to a magistrate for a warrant for a 18
place. 19
(2) The application must be sworn and state the grounds on which 20
the warrant is sought. 21
(3) The magistrate may refuse to consider the application until the 22
investigator gives the magistrate all the information the 23
magistrate requires about the application in the way the 24
magistrate requires. 25
26
Example--
27
The magistrate may require additional information supporting the
28
application to be given by statutory declaration.
187 Issue of warrant 29
(1) The magistrate may issue a warrant only if the magistrate is 30
satisfied there are reasonable grounds for suspecting-- 31
s 188 116 s 188
Education (Queensland College of Teachers) Bill 2005
(a) there is a particular thing or activity (the evidence) that 1
may provide evidence about a matter being investigated 2
by the investigator; and 3
(b) the evidence is at the place, or may be at the place, 4
within the next 7 days. 5
(2) The warrant must state-- 6
(a) that a stated investigator may, with necessary and 7
reasonable help and force-- 8
(i) enter the place and any other place necessary for 9
entry; and 10
(ii) exercise the investigator's powers under this part; 11
and 12
(b) the matter being investigated for which the warrant is 13
sought; and 14
(c) the evidence that may be seized under the warrant; and 15
(d) the hours of the day or night when the place may be 16
entered; and 17
(e) the date, within 14 days after the warrant's issue, the 18
warrant ends. 19
188 Warrants--procedure before entry 20
(1) This section applies if an investigator named in a warrant 21
issued under this division for a place is intending to enter the 22
place under the warrant. 23
(2) Before entering the place, the investigator must do or make a 24
reasonable attempt to do the following things-- 25
(a) identify himself or herself to a person present at the 26
place who is an occupier of the place by producing the 27
investigator's identity card or another document 28
evidencing the investigator's appointment; 29
(b) give the person a copy of the warrant; 30
(c) tell the person the investigator is permitted by the 31
warrant to enter the place; 32
s 189 117 s 189
Education (Queensland College of Teachers) Bill 2005
(d) give the person an opportunity to allow the investigator 1
immediate entry to the place without using force. 2
(3) However, the investigator need not comply with subsection 3
(2) if the investigator believes on reasonable grounds that 4
immediate entry to the place is required to ensure the effective 5
execution of the warrant is not frustrated. 6
Division 4 Powers after entry 7
189 General powers after entering places 8
(1) This section applies to an investigator who enters a place 9
under section 184. 10
(2) However, if an investigator enters a place to get the occupier's 11
consent to enter a place, this section applies to the investigator 12
only if the consent is given or the entry is otherwise 13
authorised. 14
(3) The investigator may do all or any of the following for a 15
relevant purpose-- 16
(a) search any part of the place; 17
(b) inspect, measure, test, photograph or film any part of the 18
place or anything at the place; 19
(c) take an extract from, or copy, a document at the place; 20
(d) take into or onto the place any person, equipment and 21
materials the investigator reasonably requires for 22
exercising a power under this part; 23
(e) require an occupier of the place, or a person at the place, 24
to give the investigator reasonable help to exercise the 25
investigator's powers under paragraphs (a) to (d); 26
(f) require an occupier of the place, or a person at the place, 27
to give the investigator information to help the 28
investigator ascertain-- 29
(i) for an investigation about a disciplinary 30
matter--whether a ground for disciplinary action 31
exists; or 32
s 190 118 s 191
Education (Queensland College of Teachers) Bill 2005
(ii) for another investigation--whether this Act is 1
being complied with. 2
(4) When making a requirement mentioned in subsection (3)(e) or 3
(f), the investigator must warn the person it is an offence to 4
fail to comply with the requirement, unless the person has a 5
reasonable excuse. 6
(5) In this section-- 7
relevant purpose means-- 8
(a) for an investigation about a disciplinary 9
matter--establishing whether a ground for disciplinary 10
action exists; or 11
(b) for another investigation--monitoring and enforcing 12
compliance with this Act. 13
190 Failure to help investigator 14
(1) A person required to give reasonable help under section 15
189(3)(e) must comply with the requirement, unless the 16
person has a reasonable excuse. 17
Maximum penalty--50 penalty units. 18
(2) If an individual is required under section 189(3)(e) to give 19
information, or produce a document, it is a reasonable excuse 20
for the individual not to comply with the requirement that 21
complying with the requirement might tend to incriminate the 22
individual. 23
191 Failure to give information 24
(1) A person of whom a requirement is made under section 25
189(3)(f) must comply with the requirement, unless the 26
person has a reasonable excuse. 27
Maximum penalty--50 penalty units. 28
(2) It is a reasonable excuse for an individual not to comply with 29
the requirement that complying with the requirement might 30
tend to incriminate the individual. 31
s 192 119 s 193
Education (Queensland College of Teachers) Bill 2005
Division 5 Power to seize evidence 1
192 Seizing evidence at public place if entry made when place 2
open 3
An investigator who enters a public place when the place is 4
open to the public may seize a thing at the place if the 5
investigator reasonably believes the thing is evidence that is 6
relevant to the investigation being carried out by the 7
investigator. 8
193 Seizing evidence at a place that may only be entered with 9
consent or warrant 10
(1) This section applies if-- 11
(a) an investigator is authorised to enter a place under this 12
part only with the consent of the occupier of the place or 13
a warrant; and 14
(b) the investigator enters the place after obtaining the 15
necessary consent or warrant. 16
(2) If the investigator enters the place with the occupier's 17
consent, the investigator may seize a thing at the place if-- 18
(a) the investigator reasonably believes the thing is 19
evidence that is relevant to the investigation being 20
carried out by the investigator; and 21
(b) seizure of the thing is consistent with the purpose of 22
entry as told to the occupier when asking for the 23
occupier's consent. 24
(3) If the investigator enters the place with a warrant, the 25
investigator may seize the evidence for which the warrant was 26
issued. 27
(4) The investigator also may seize anything else at the place if 28
the investigator reasonably believes-- 29
(a) the thing is evidence that is relevant to the investigation; 30
and 31
(b) the seizure is necessary to prevent the thing being 32
hidden, lost or destroyed. 33
s 194 120 s 196
Education (Queensland College of Teachers) Bill 2005
194 Securing seized things 1
Having seized a thing, an investigator may-- 2
(a) move the thing from the place where it was seized; or 3
(b) leave the thing at the place where it was seized but take 4
reasonable action to restrict access to it. 5
6
Examples of restricting access to a thing--
7
1 sealing a thing and marking it to show access to it is
8
restricted
9
2 sealing the entrance to a room where the seized thing is
10
situated and marking the entrance to show access to the
11
room is restricted
195 Tampering with seized things 12
If an investigator restricts access to a seized thing, a person 13
must not tamper, or attempt to tamper, with the thing, or 14
something restricting access to the thing, without the 15
investigator's approval. 16
Maximum penalty--50 penalty units. 17
196 Receipt for seized things 18
(1) As soon as practicable after an investigator seizes a thing, the 19
investigator must give a receipt for it to the person from 20
whom it was seized. 21
(2) However, if for any reason it is not practicable to comply with 22
subsection (1), the investigator must leave the receipt at the 23
place of seizure in a conspicuous position and in a reasonably 24
secure way. 25
(3) The receipt must describe generally each thing seized and its 26
condition. 27
(4) This section does not apply to a thing if it is impracticable or 28
would be unreasonable to give the receipt, given the thing's 29
nature, condition and value. 30
s 197 121 s 199
Education (Queensland College of Teachers) Bill 2005
197 Forfeiture of seized things 1
(1) A thing that has been seized under this division is forfeited to 2
the college if the investigator who seized the thing-- 3
(a) can not find its owner, after making reasonable 4
inquiries; or 5
(b) can not return it to its owner, after making reasonable 6
efforts. 7
(2) In applying subsection (1)-- 8
(a) subsection (1)(a) does not require the investigator to 9
make inquiries if it would be unreasonable to make 10
inquiries to find the owner; and 11
(b) subsection (1)(b) does not require the investigator to 12
make efforts if it would be unreasonable to make efforts 13
to return the thing to its owner. 14
(3) Regard must be had to a thing's nature, condition and value in 15
deciding-- 16
(a) whether it is reasonable to make inquiries or efforts; and 17
(b) if making inquiries or efforts, what inquiries or efforts, 18
including the period over which they are made, are 19
reasonable. 20
198 Dealing with forfeited things 21
(1) On the forfeiture of a thing to the college, the thing becomes 22
the college's property and may be dealt with by the college as 23
the college considers appropriate. 24
(2) Without limiting subsection (1), the college may destroy or 25
otherwise dispose of the thing. 26
199 Return of seized things 27
(1) If a seized thing is not forfeited, the investigator must return it 28
to its owner-- 29
(a) at the end of 6 months; or 30
s 200 122 s 202
Education (Queensland College of Teachers) Bill 2005
(b) if proceedings involving the thing are started within 6 1
months, at the end of the proceedings and any appeal 2
from the proceedings. 3
(2) Despite subsection (1), unless a thing that has been seized as 4
evidence is forfeited, the investigator must immediately return 5
it to its owner if the investigator stops being satisfied its 6
continued retention as evidence is necessary. 7
200 Access to seized things 8
(1) Until a seized thing is forfeited or returned, an investigator 9
must allow its owner to inspect it and, if it is a document, to 10
copy it. 11
(2) Subsection (1) does not apply if it is impracticable or would 12
be unreasonable to allow the inspection or copying. 13
Part 5 General investigation matters 14
201 Investigator's report 15
(1) This section applies if an investigation involves a disciplinary 16
matter. 17
(2) As soon as practicable after completing the investigation, the 18
investigator must give a written report about the investigation 19
to-- 20
(a) for an investigation authorised by the college or the 21
PP&C committee--the PP&C committee; or 22
(b) otherwise--the Teachers Disciplinary Committee. 23
202 Investigator's obligation not to cause unnecessary 24
damage 25
An investigator must take all reasonable steps to ensure the 26
investigator does not cause any unnecessary damage to 27
property in exercising a power under part 4. 28
s 203 123 s 204
Education (Queensland College of Teachers) Bill 2005
203 Notice of damage 1
(1) This section applies if-- 2
(a) an investigator damages property when exercising or 3
purporting to exercise a power; or 4
(b) a person (the other person) acting under the direction of 5
an investigator damages property. 6
(2) The investigator must immediately give notice of particulars 7
of the damage to a person who appears to the investigator to 8
be an owner of the property. 9
(3) If the investigator believes the damage was caused by a latent 10
defect in the property or circumstances beyond the 11
investigator's or other person's control, the investigator may 12
state the belief in the notice. 13
(4) If, for any reason, it is impracticable to comply with 14
subsection (2), the investigator must leave the notice in a 15
conspicuous position and in a reasonably secure way where 16
the damage happened. 17
(5) This section does not apply to damage the investigator 18
reasonably believes is trivial. 19
(6) In subsection (2)-- 20
owner, of property, includes a person in possession or control 21
of it. 22
204 Compensation 23
(1) A person may claim compensation from the college if the 24
person incurs loss or expense because of the exercise or 25
purported exercise of a power under part 4, division 2, 4 or 26
5.26 27
(2) Without limiting subsection (1), compensation may be 28
claimed for loss or expense incurred in complying with a 29
requirement made of the person under the division. 30
26 Part 4 (Powers of investigators), division 2 (Entry of places), 4 (Powers after entry)
or 5 (Power to seize evidence)
s 205 124 s 207
Education (Queensland College of Teachers) Bill 2005
(3) Compensation may be claimed and ordered to be paid in a 1
proceeding brought in a court with jurisdiction for the 2
recovery of the amount of compensation claimed. 3
(4) A court may order compensation to be paid only if it is 4
satisfied it is fair to make the order in the circumstances of the 5
particular case. 6
205 False or misleading information given to investigator 7
A person must not state anything to an investigator the person 8
knows is false or misleading in a material particular. 9
Maximum penalty--50 penalty units. 10
206 False or misleading documents given to investigator 11
(1) A person must not give an investigator a document containing 12
information the person knows is false or misleading in a 13
material particular. 14
Maximum penalty--50 penalty units. 15
(2) Subsection (1) does not apply to a person if the person, when 16
giving the document-- 17
(a) tells the investigator, to the best of the person's ability, 18
how it is false or misleading; and 19
(b) if the person has, or can reasonably obtain, the correct 20
information, gives the correct information. 21
207 Obstruction of investigator 22
(1) A person must not obstruct an investigator in the exercise of a 23
power, unless the person has a reasonable excuse. 24
Maximum penalty--100 penalty units. 25
(2) If a person has obstructed an investigator and the investigator 26
decides to proceed with the exercise of the power, the 27
investigator must warn the person that-- 28
(a) it is an offence to obstruct the investigator, unless the 29
person has a reasonable excuse; and 30
s 208 125 s 210
Education (Queensland College of Teachers) Bill 2005
(b) the investigator considers the person's conduct is an 1
obstruction. 2
(3) In this section-- 3
obstruct includes hinder and attempt to obstruct or hinder. 4
208 Impersonation of investigator 5
A person must not pretend to be an investigator. 6
Maximum penalty--50 penalty units. 7
Chapter 8 Reviews and appeals 8
Part 1 Reviews 9
209 Appeal process for particular decisions starts with 10
internal review 11
(1) A person or entity who is given, or is entitled to be given, an 12
information notice for a decision (an original decision) and 13
who is dissatisfied with the decision may appeal against the 14
decision under this part. 15
(2) To help users of this Act, schedule 1 identifies the decisions 16
for which an information notice must be given under this Act. 17
(3) The appeal must be, in the first instance, by way of an 18
application for internal review under section 210. 19
210 Applying for review 20
(1) The application must be made within 28 days after-- 21
(a) if the person or entity is given an information notice 22
about the decision--the day the person or entity is given 23
the information notice; or 24
(b) if paragraph (a) does not apply--the day the person or 25
entity otherwise becomes aware of the decision. 26
s 211 126 s 211
Education (Queensland College of Teachers) Bill 2005
(2) The college may, at any time, extend the time for applying for 1
the review. 2
(3) The application for review must be in the approved form and 3
state fully the grounds of the application. 4
211 Review committee 5
(1) The application must initially be dealt with by a committee 6
established by the college to conduct the review (the review 7
committee). 8
(2) The review committee may include any person, whether or 9
not the person is a member of the board. 10
(3) However, if practicable, the review committee must not 11
include a person who was involved in the making of the 12
original decision the application relates to. 13
(4) The review committee must conduct the review on-- 14
(a) the material before the college or the PP&C committee 15
that led to the original decision; and 16
(b) the reasons for the original decision; and 17
(c) any other relevant material the review committee allows. 18
(5) For the review, the review committee must give the applicant a 19
reasonable opportunity to make oral or written submissions to 20
the committee. 21
(6) After reviewing the original decision, the review committee 22
must make a recommendation to the college about whether 23
the college should-- 24
(a) confirm the original decision; or 25
(b) amend the original decision; or 26
(c) substitute another decision for the original decision. 27
(7) The college is not required to follow the review committee's 28
recommendation. 29
s 212 127 s 213
Education (Queensland College of Teachers) Bill 2005
212 College's decision 1
(1) After considering the review committee's recommendation, 2
the college must make a further decision (a review decision) 3
to do any of the following-- 4
(a) confirm the original decision; 5
(b) amend the original decision; 6
(c) substitute another decision for the original decision. 7
(2) For an appeal-- 8
(a) if the review decision confirms the original 9
decision--the original decision is taken to be the review 10
decision; or 11
(b) if the review decision amends the original decision--the 12
original decision as amended is taken to be the review 13
decision; or 14
(c) if the review decision substitutes another decision for 15
the original decision--the substituted decision is taken 16
to be the review decision. 17
213 Notice of review decision 18
(1) The college must, as soon as practicable, give the applicant 19
notice (the review notice) of the review decision. 20
(2) If the review decision is not the decision sought by the 21
applicant, the review notice must also state the following-- 22
(a) the reasons for the decision; 23
(b) that the applicant may, within 28 days after the review 24
notice is given, appeal against the decision to the 25
District Court; 26
(c) how to appeal. 27
(3) If the college does not give the review notice within 45 days 28
after the application is made, the college is taken to have made 29
a review decision confirming the original decision. 30
s 214 128 s 215
Education (Queensland College of Teachers) Bill 2005
Part 2 Appeals 1
214 Definitions for pt 2 2
In this part-- 3
appealable decision means-- 4
(a) a review decision; or 5
(b) a relevant disciplinary committee decision. 6
relevant disciplinary committee decision means any of the 7
following decisions made by the Teachers Disciplinary 8
Committee-- 9
(a) a decision under section 5527 about whether to continue 10
the suspension of a relevant teacher; 11
(b) a decision under section 102 or 10328 about the 12
disciplinary action to be taken against a relevant teacher; 13
(b) a decision under section 158, 160 or 16129 about-- 14
(i) whether a ground for disciplinary action against a 15
relevant teacher is established; or 16
(ii) the disciplinary action to be taken against a 17
relevant teacher. 18
215 Who may appeal 19
The following persons may appeal to the District Court 20
against an appealable decision-- 21
(a) for a review decision--a person who has applied for the 22
review of the original decision under part 1 and is 23
dissatisfied with the review decision; 24
27 Section 55 (Committee's decision about continuation of suspension)
28 Section 102 (Disciplinary action by Teachers Disciplinary Committee--approved
teachers) or 103 (Disciplinary action by Teachers Disciplinary Committee--former
approved teachers)
29 Section 158 (Decision about whether ground for disciplinary action is established),
160 (Decision about disciplinary action against approved teacher) or 161 (Decision
about disciplinary action against former approved teacher)
s 216 129 s 217
Education (Queensland College of Teachers) Bill 2005
(b) for a relevant disciplinary committee decision-- 1
(i) the relevant teacher to whom the decision relates; 2
or 3
(ii) the college. 4
216 Starting appeal 5
(1) An appeal is started by-- 6
(a) filing a notice of appeal with the registrar of-- 7
(i) the District Court nearest the place where the 8
person resides or carries on business; or 9
(ii) the District Court at Brisbane; and 10
(b) complying with the rules of court applicable to the 11
appeal.30 12
(2) Subsection (1) does not limit a provision of another law about 13
where a proceeding may be started in the District Court. 14
(3) The notice of appeal must be filed within 28 days after-- 15
(a) for an appeal against a review decision, if the person is 16
given a review notice for the decision--the day the 17
person is given the review notice; or 18
(b) for an appeal against a relevant disciplinary committee 19
decision, if the person is given notice of the 20
decision--the day the person is given the notice; or 21
(c) if paragraphs (a) and (b) do not apply--the day the 22
person otherwise becomes aware of the appealable 23
decision. 24
(4) However, the court may, at any time, extend the time for filing 25
the notice of appeal. 26
217 Hearing procedures 27
(1) In deciding an appeal, the District Court-- 28
30 The Uniform Civil Procedure Rules 1999 contain provisions about appeals to the
District Court.
s 218 130 s 219
Education (Queensland College of Teachers) Bill 2005
(a) has the same powers as the entity that made the 1
appealable decision; and 2
(b) is not bound by the rules of evidence; and 3
(c) must comply with natural justice. 4
(2) An appeal is by way of rehearing, unaffected by the 5
appealable decision, on the material before the entity that 6
made the appealable decision and any further evidence 7
allowed by the court. 8
218 Court's powers on appeal 9
(1) In deciding the appeal, the District Court may do any of the 10
following-- 11
(a) confirm the appealable decision; 12
(b) amend the appealable decision; 13
(c) set aside the appealable decision and substitute another 14
decision. 15
(2) In amending the appealable decision or substituting another 16
decision for it, the court has the same powers as the entity that 17
made the appealable decision. 18
(3) If the court amends the appealable decision or substitutes 19
another decision for it, the amended or substituted decision is, 20
for this Act (other than this part), taken to be the decision of 21
the entity that made the appealable decision. 22
219 Court may prohibit publication of particular information 23
The District Court may order that any of the following must 24
not be published-- 25
(a) the name of the appellant or a person who appeared as a 26
witness before the entity that made the appealable 27
decision or the court; 28
(b) evidence given before the entity that made the 29
appealable decision or the court; 30
(c) the contents of a document produced to the entity that 31
made the appealable decision or the court. 32
s 220 131 s 221
Education (Queensland College of Teachers) Bill 2005
Chapter 9 Legal proceedings 1
Part 1 Evidence 2
220 Application of pt 1 3
This part applies to a proceeding under this Act, including 4
disciplinary proceedings. 5
221 Appointments and authority 6
It is not necessary to prove-- 7
(a) the appointment of any of the following persons or 8
entities-- 9
(i) the Minister; 10
(ii) the chief executive; 11
(iii) the chairperson or another member of the board; 12
(iv) the director; 13
(v) an investigator; 14
(vi) a disciplinary committee or a member of a 15
disciplinary committee; or 16
(b) the authority of any of the following persons or entities 17
to do anything under this Act-- 18
(i) the Minister; 19
(ii) the chief executive; 20
(iii) the college; 21
(iv) the board; 22
(v) the director; 23
(vi) an investigator; 24
(vii) a disciplinary committee or a member of a 25
disciplinary committee; or 26
(c) the authority of a person mentioned in section 224(b) to 27
take and prosecute proceedings under this Act. 28
s 222 132 s 223
Education (Queensland College of Teachers) Bill 2005
222 Signatures 1
A signature purporting to be the signature of any of the 2
following persons is evidence of the signature it purports to 3
be-- 4
(a) the Minister; 5
(b) the chief executive; 6
(c) the chairperson or another member of the board; 7
(d) the chairperson or another member of the Teachers 8
Disciplinary Committee; 9
(e) the director; 10
(f) an investigator. 11
223 Evidentiary matters 12
A certificate purporting to be signed by the director or the 13
chairperson of the board that states any of the following 14
matters is evidence of the matter-- 15
(a) a stated document is 1 of the following things made, 16
given, issued or kept under this Act-- 17
(i) an appointment, approval or decision; 18
(ii) an order, direction, requirement or notice; 19
(iii) a certificate of registration or certificate of 20
permission to teach; 21
(iv) a record or an extract from a record; 22
(v) the register or an extract from the register; 23
(b) a stated document is the professional standards in force 24
under this Act on a stated day or during a stated period; 25
(c) a stated document is another document kept under this 26
Act; 27
(d) a stated document is a copy of a thing mentioned in 28
paragraph (a), (b) or (c); 29
(e) on a stated day, or during a stated period, a stated person 30
was or was not the holder of any of the following-- 31
(i) full registration; 32
s 224 133 s 224
Education (Queensland College of Teachers) Bill 2005
(ii) provisional registration; 1
(iii) permission to teach; 2
(f) on a stated day, or during a stated period, a registration 3
or permission to teach-- 4
(i) was or was not in force; or 5
(ii) was or was not subject to a stated condition; 6
(g) on a stated day, or during a stated period, a registration 7
or permission to teach was suspended; 8
(h) on a stated day, a registration or permission to teach was 9
cancelled; 10
(i) on a stated day, or during a stated period, an 11
appointment as an investigator was, or was not, in force 12
for a stated person; 13
(j) on a stated day, a stated person was given a stated notice 14
or direction under this Act; 15
(k) on a stated day, a stated requirement was made of a 16
stated person; 17
(l) a stated fee or other amount is payable by a stated 18
person to the college and has not been paid. 19
Part 2 Proceedings 20
224 Proceedings in the name of the college 21
Proceedings in a court may be taken and prosecuted in the 22
name of the college by-- 23
(a) the chairperson of the board; or 24
(b) another person authorised for that purpose by the 25
chairperson. 26
s 225 134 s 228
Education (Queensland College of Teachers) Bill 2005
225 Summary proceedings for offences 1
(1) Proceedings for an offence against this Act are to be taken in a 2
summary way under the Justices Act 1886. 3
(2) The proceeding must start within the later of the following 4
periods to end-- 5
(a) 1 year after the commission of the offence; 6
(b) 6 months after the offence comes to the complainant's 7
knowledge, but within 2 years after the commission of 8
the offence. 9
226 Allegations of false or misleading information or 10
documents 11
(1) This section applies for a complaint for an offence against this 12
Act involving-- 13
(a) false or misleading information; or 14
(b) a false or misleading document. 15
(2) It is enough for the complaint to state that the statement made, 16
or the document given, was `false or misleading' to the 17
person's knowledge, without specifying which. 18
227 Penalties to be paid to college 19
All penalties recovered as a result of proceedings for offences 20
against this Act are payable to the college. 21
228 Executive officers must ensure corporation complies 22
with Act 23
(1) The executive officers of a corporation must ensure the 24
corporation complies with this Act. 25
(2) If a corporation commits an offence against a stated provision 26
of this Act, each of the corporation's executive officers also 27
commits an offence, namely, the offence of failing to ensure 28
the corporation complies with the provision. 29
Maximum penalty--the penalty for the contravention of the 30
provision by an individual. 31
s 229 135 s 229
Education (Queensland College of Teachers) Bill 2005
(3) Evidence that the corporation has been convicted of an 1
offence against a stated provision of this Act is evidence that 2
each of the executive officers committed the offence of failing 3
to ensure the corporation complies with the provision. 4
(4) However, it is a defence for an executive officer to prove-- 5
(a) if the officer was in a position to influence the conduct 6
of the corporation in relation to the offence--the officer 7
exercised reasonable diligence to ensure the corporation 8
complied with the stated provision; or 9
(b) the officer was not in a position to influence the conduct 10
of the corporation in relation to the offence. 11
(5) In this section-- 12
executive officer, of a corporation, means a person who is 13
concerned with, or takes part in, the corporation's 14
management, whether or not the person is a director or the 15
person's position is given the name of executive officer. 16
stated provision, of this Act, means section 76, 77, 78 or 82.31 17
Chapter 10 Queensland College of 18
Teachers 19
Part 1 Establishment, functions and 20
powers of college 21
229 Establishment of college 22
(1) The Queensland College of Teachers is established. 23
(2) The college-- 24
31 Section 76 (Requirement for employing authority to notify college about particular
investigations), 77 (Requirement for employing authority to notify college about
particular terminations of employment), 78 (Requirement for employing authority to
notify college about certain other dismissals) or 82 (Only approved teachers may be
employed as teachers)
s 230 136 s 230
Education (Queensland College of Teachers) Bill 2005
(a) is a body corporate; and 1
(b) has a seal; and 2
(c) may sue and be sued in its corporate name. 3
230 College's functions about registration and permission to 4
teach 5
The college has the following functions about registration of, 6
and permission to teach for, teachers in Queensland-- 7
(a) to be responsible to the Minister for granting registration 8
or permission to teach to persons under this Act; 9
(b) deciding how a person must satisfy initial and ongoing 10
eligibility requirements for registration and permission 11
to teach; 12
(c) deciding applications for registration or permission to 13
teach and applications for renewal of registration or 14
permission to teach; 15
(d) ensuring approved teachers continue to meet the 16
eligibility requirements mentioned in paragraph (b), 17
including, for example, monitoring the compliance of 18
approved teachers with conditions of registration or 19
permission to teach; 20
(e) arranging checks of the criminal history of approved 21
teachers and applicants for registration or permission to 22
teach; 23
(f) reviewing registration of teachers, and the granting of 24
permission to teach to teachers; 25
(g) reporting, and making recommendations, to the Minister 26
about the matters mentioned in paragraph (f); 27
(h) approving and monitoring preservice teacher education 28
programs for provisional registration; 29
(i) developing and applying professional standards for 30
entry to, and continuing membership of, the teaching 31
profession; 32
(j) keeping a register of, and records relating to, approved 33
teachers. 34
s 231 137 s 232
Education (Queensland College of Teachers) Bill 2005
231 College's discipline and enforcement functions 1
The college has the following functions about disciplining 2
approved teachers and former approved teachers and 3
enforcing this Act-- 4
(a) monitoring compliance with this Act and prosecuting 5
persons who fail to comply with it; 6
(b) receiving and assessing complaints; 7
(c) conducting investigations, in relation to a complaint or 8
on the college's own initiative, about-- 9
(i) the professional conduct or competence of an 10
approved teacher or former approved teacher; or 11
(ii) a contravention of this Act; 12
(d) referring disciplinary matters to a disciplinary 13
committee; 14
(e) giving effect to and monitoring compliance with 15
disciplinary orders; 16
(f) developing and applying codes of practice about the 17
professional conduct or practice of approved teachers. 18
232 College's other functions 19
The college's functions also include the following-- 20
(a) undertaking or supporting reviews and research relevant 21
to the regulation of the teaching profession, including 22
reviews and research commissioned and funded by the 23
Minister;( 24
(b) collecting data about approved teachers, and providing 25
the data to other persons, as required or permitted under 26
this Act; 27
(c) promoting the teaching profession to the public; 28
(d) advising relevant entities in Queensland and interstate 29
regulatory authorities about the operation of this Act, as 30
required or permitted under this Act; 31
(e) informing approved teachers and the public about the 32
operation of this Act; 33
s 233 138 s 234
Education (Queensland College of Teachers) Bill 2005
(f) reviewing the operation of this Act and reporting to the 1
Minister about its operation; 2
(g) performing other functions conferred on the college 3
under this or another Act. 4
233 Primary considerations of college in performing its 5
functions 6
In performing its functions under this Act, the welfare and 7
best interests of children are to be the primary considerations 8
of the college. 9
234 Powers of college 10
(1) The college has all the powers of an individual and may, for 11
example, do any of the following-- 12
(a) enter into contracts; 13
(b) acquire, hold, dispose of, and deal with, property; 14
(c) appoint agents and attorneys; 15
(d) engage consultants; 16
(e) produce documents in performing its functions and 17
charge for advertising in the documents; 18
(f) fix charges and other terms for services and other 19
facilities it supplies; 20
(g) do anything else necessary or convenient to be done in 21
performing its functions. 22
(2) However, the college must not enter into an agreement about 23
real property, including, for example, leasing premises for its 24
accommodation, unless the Minister has approved its entering 25
into the agreement. 26
(3) Without limiting subsection (1), the college has the powers 27
given to it under this or another Act. 28
(4) The college may exercise its powers inside or outside 29
Queensland. 30
(5) Without limiting subsection (4), the college may exercise its 31
powers outside Australia. 32
s 235 139 s 235
Education (Queensland College of Teachers) Bill 2005
235 Professional standards 1
(1) The college must develop professional standards. 2
(2) The purpose of the standards is to detail the abilities, 3
experience, knowledge or skills expected of teachers to-- 4
(a) be the criteria for the college's decision about whether to 5
approve a preservice teacher education program; and 6
(b) help the college decide whether a following person 7
meets the professional practice requirements-- 8
(i) an applicant for provisional or full registration; 9
(ii) an applicant for the renewal of full registration. 10
(3) The standards may provide for all or any of the following 11
matters-- 12
(a) the abilities, knowledge and skills required for 13
provisional registration; 14
(b) the abilities, experience, knowledge and skills required 15
for full registration; 16
(c) the abilities, experience, knowledge and skills required 17
for renewal of full registration. 18
(4) In developing or amending the professional standards, the 19
college must consult with the chief executive and the 20
representative entities. 21
(5) Subsection (4) does not prevent the college consulting with 22
another person or entity. 23
(6) If the professional standards are inconsistent with a 24
requirement under this Act, the standards are invalid to the 25
extent of the inconsistency. 26
(7) The college must-- 27
(a) make the professional standards available for inspection 28
on its Internet site;32 and 29
(b) ensure copies of the standards, and each document 30
applied, adopted or incorporated by the standards, are 31
32 On the commencement of this section, the college's Internet site was located at
.
s 236 140 s 237
Education (Queensland College of Teachers) Bill 2005
kept available for inspection, free of charge, at the 1
office. 2
236 Approval of preservice teacher education programs 3
(1) A higher education entity may apply in writing to the college 4
for the approval of a preservice teacher education program. 5
(2) The college may approve the program only if-- 6
(a) it considers the qualification resulting from successful 7
completion of the program is suitable to be prescribed as 8
a qualification for provisional registration under section 9
9(1)(a)(i); and 10
(b) the college is reasonably satisfied a person who 11
completes the program will attain the abilities, 12
knowledge and skills required under the professional 13
standards; and 14
(c) the program is offered at a place in Queensland. 15
(3) The college must decide whether to approve the program as 16
soon as practicable after receiving the application. 17
(4) If the college approves the program, it must give the applicant 18
notice of the approval. 19
(5) If the college decides not to approve the program, it must give 20
the applicant an information notice about the decision. 21
(6) An approval of a program given by the college under this 22
section has effect only in relation to the professional practice 23
requirements for provisional registration under this Act. 24
Part 2 Board of the college 25
237 The board 26
The college has a board. 27
s 238 141 s 239
Education (Queensland College of Teachers) Bill 2005
238 Role of board 1
(1) The board is the governing body of the college. 2
(2) The board-- 3
(a) decides the policies of the college; and 4
(b) controls the affairs of the college; and 5
(c) carries out the functions of the college; and 6
(d) exercises the powers of the college. 7
(3) Anything done by the board is taken to have been done by the 8
college. 9
239 Membership of board 10
(1) The board consists of the following persons appointed by the 11
Governor in Council-- 12
(a) 1 nominee of the Minister; 13
(b) 1 nominee of the chief executive; 14
(c) 1 nominee of the Queensland Catholic Education 15
Commission; 16
(d) 1 nominee of the Association of Independent Schools of 17
Queensland Inc.; 18
(e) 2 persons who are practising teachers, of whom-- 19
(i) 1 is to be nominated by the Queensland Teachers' 20
Union; and 21
(ii) 1 is to be nominated by the Queensland 22
Independent Education Union of Employees; 23
(f) 1 nominee of the Queensland Public Sector Union who 24
is a registered teacher; 25
(g) 1 nominee of the Higher Education Forum who is a 26
practising teacher educator; 27
(h) 2 persons who, at the time of appointment, are parents 28
or guardians of students enrolled at a school, of whom-- 29
(i) 1 is to be nominated by the Queensland Council of 30
Parents and Citizens' Associations Incorporated; 31
and 32
s 239 142 s 239
Education (Queensland College of Teachers) Bill 2005
(ii) 1 is to be nominated jointly by the Federation of 1
Parents and Friends Associations of Catholic 2
Schools in Queensland and the Queensland 3
Independent Schools Parents Council Inc.; 4
(i) 3 persons who are practising teachers, of whom-- 5
(i) 2 are to represent State schools and are to be 6
nominated by the chief executive; and 7
(ii) 1 is to represent non-State schools and is to be 8
nominated jointly by the Queensland Catholic 9
Education Commission and the Association of 10
Independent Schools Queensland; 11
(j) 3 persons who are practising teachers, of whom-- 12
(i) 2 are to be employed by the State and elected by 13
registered teachers who identify themselves as 14
affiliated with State schooling; and 15
(ii) 1 is to be employed by the employing authority for 16
a non-State school and elected by registered 17
teachers who identify themselves as affiliated with 18
non-State schooling; 19
(k) 1 other nominee of the Minister who-- 20
(i) must represent the interests of the community 21
generally in the conduct and practice of the 22
teaching profession; and 23
(ii) is not a practising teacher. 24
(2) The director may not be appointed as a member of the board. 25
(3) In this section-- 26
Higher Education Forum means the entity by that name 27
whose membership includes the following-- 28
(a) the vice-chancellors of universities established in the 29
State; 30
(b) the chief executive; 31
(c) a nominee of the Minister administering the Vocational 32
Education, Training and Employment Act 2000. 33
practising teacher educator means a person who-- 34
s 240 143 s 240
Education (Queensland College of Teachers) Bill 2005
(a) has expertise and experience in preparing people to be 1
teachers; and 2
(b) is employed by a higher education institution to provide 3
education programs for preparing people to be teachers. 4
240 Requirements for elections 5
(1) This section applies in relation to an election for section 6
239(1)(j). 7
(2) The election must be carried out as required under a 8
regulation. 9
(3) A person may be a candidate in the election only if-- 10
(a) a written report about the person's criminal history has 11
been obtained by the director; and 12
(b) the director is reasonably satisfied the person has not 13
been convicted of an indictable offence, other than a 14
conviction-- 15
(i) that is a spent conviction; or 16
(ii) for which the Minister has given a notice or written 17
approval under section 246(4) stating the 18
conviction does not prevent the person being 19
appointed or reappointed to the board. 20
(4) For subsection (3)(a)-- 21
(a) the director may act under section 247(1) in place of the 22
Minister; and 23
(b) section 247 applies, with any necessary changes, as if a 24
reference to the Minister were a reference to the 25
director. 26
(5) If the election is carried out and insufficient persons are 27
elected to comply with section 239(1)(j)-- 28
(a) the Minister may nominate the number of practising 29
teachers required to comply; and 30
(b) a practising teacher nominated by the Minister under 31
this subsection is taken to have been elected for section 32
239(1)(j). 33
s 241 144 s 243
Education (Queensland College of Teachers) Bill 2005
241 Nomination by entities for membership of board 1
(1) This section applies for the nomination of a person for 2
membership of the board by an entity or entities mentioned in 3
any of paragraphs (c) to (h) or (i)(ii) of section 239(1). 4
(2) The Minister must give the entity or entities a notice stating a 5
reasonable time within which it or they may nominate a 6
person for the membership. 7
(3) If the entity does not nominate, or the entities do not nominate 8
jointly, a person within the time stated in the notice, the 9
Minister may nominate a person for the membership and the 10
nomination is taken to have been made by the entity or 11
entities. 12
(4) A person nominated under subsection (3) must be a person 13
whom the entity or entities may nominate for membership of 14
the board as stated in section 239(1). 15
242 Term of appointment of members 16
(1) The member of the board appointed as its chairperson may be 17
appointed as a member for a term of not more than 4 years. 18
(2) Any other member of the board may be appointed for a term 19
of not more than 3 years. 20
(3) This section is subject to section 243. 21
243 Minister may extend a member's term of appointment 22
(1) The Minister may, by notice given to the board, extend the 23
term of appointment of members of the board for not more 24
than 1 year if the Minister is satisfied it is necessary for the 25
board to perform its functions and exercise its powers 26
appropriately, effectively and efficiently. 27
(2) If the Minister acts under subsection (1), the Minister must 28
extend, by the same amount, the term of appointment of all 29
the members. 30
(3) The extension applies only to members holding office when 31
the notice is given. 32
s 244 145 s 246
Education (Queensland College of Teachers) Bill 2005
(4) This section does not allow the Minister to extend the terms of 1
appointment of the members for more than 1 year by again 2
acting under subsection (1). 3
244 Chairperson of board 4
(1) The Governor in Council must appoint the member mentioned 5
in section 239(1)(a) to be the chairperson of the board. 6
(2) A person may be appointed as the chairperson at the same 7
time as the person is appointed as a member. 8
(3) The chairperson holds office while a member under section 9
239(1)(a). 10
245 Deputy chairperson of board 11
(1) The board must appoint a member, other than the chairperson, 12
to be the deputy chairperson of the board. 13
(2) The deputy chairperson holds office for the term decided by 14
the board. 15
(3) A vacancy occurs in the office of deputy chairperson if the 16
person holding office-- 17
(a) resigns it by giving notice of the resignation to the 18
Minister; or 19
(b) ceases to be a member of the board. 20
(4) However, a person resigning the office of deputy chairperson 21
may continue to be a member of the board. 22
(5) The deputy chairperson is to act as chairperson-- 23
(a) during a vacancy in the office of chairperson; and 24
(b) during all periods when the chairperson is absent from 25
duty or, for another reason, can not perform the 26
functions of the office. 27
246 Disqualification from membership 28
(1) A person can not become, or continue as, a member of the 29
board if the person-- 30
s 246 146 s 246
Education (Queensland College of Teachers) Bill 2005
(a) is, or has been, convicted of an indictable offence and 1
the conviction is not a spent conviction; or 2
(b) is an insolvent under administration within the meaning 3
of the Corporations Act, section 9 (an insolvent under 4
administration). 5
(2) Also, a person can not become a member of the board if the 6
person refuses to consent to the Minister requesting a report 7
about the person's criminal history under section 247(1). 8
(3) The Minister may act under subsection (4) if the Minister 9
considers it would be reasonable to do so having regard to-- 10
(a) primarily, the welfare and best interests of children; and 11
(b) the circumstances of the indictable offence of which a 12
person has been convicted or the circumstances under 13
which the person became an insolvent under 14
administration. 15
(4) The Minister may-- 16
(a) if the person was a member when convicted or 17
becoming an insolvent under administration--give 18
notice to the chairperson and the person that the person 19
is restored as a member of the board, and may be later 20
reappointed, despite the conviction or being an insolvent 21
under administration; or 22
(b) otherwise--give written approval for the person to 23
become a member of the board despite the conviction or 24
being an insolvent under administration. 25
(5) On the day the chairperson receives a notice under subsection 26
(4)(a)-- 27
(a) the person is restored as a member; and 28
(b) if another person has been appointed to fill the 29
vacancy--the other person's appointment ends. 30
(6) If a person is restored as a member under subsection (5), the 31
person's term of appointment as a member ends when it 32
would have ended if the person had not been convicted of the 33
offence or an insolvent under administration. 34
s 247 147 s 248
Education (Queensland College of Teachers) Bill 2005
247 Report about person's criminal history 1
(1) To decide whether a person is disqualified from membership 2
of the board under section 246(1)(a), the Minister may ask the 3
commissioner of police for-- 4
(a) a written report about the person's criminal history; and 5
(b) a brief description of the circumstances of a conviction 6
mentioned in the criminal history. 7
(2) The commissioner of police must comply with the request. 8
(3) However, the Minister may make a request under subsection 9
(1) about a person who is not a member of the board only if 10
the person has given the Minister written consent for the 11
request. 12
(4) The duty imposed on the commissioner of police to comply 13
with the request applies only to information in the 14
commissioner's possession or to which the commissioner has 15
access. 16
(5) The Minister must ensure a report given to the Minister under 17
this section is destroyed as soon as practicable after it is no 18
longer needed for the purpose for which it was requested. 19
(6) In this section-- 20
criminal history, of a person, means the person's criminal 21
history as defined under the Criminal Law (Rehabilitation of 22
Offenders) Act 1986, other than spent convictions. 23
248 Vacation of office 24
(1) The office of a member of the board becomes vacant if the 25
member-- 26
(a) resigns the member's office by signed notice of 27
resignation given to-- 28
(i) for a member other than the chairperson of the 29
board--the chairperson of the board; or 30
(ii) for the chairperson of the board--the Minister; or 31
(b) can not continue as a member under section 246; or 32
s 248 148 s 248
Education (Queensland College of Teachers) Bill 2005
(c) is absent, without the board's permission, from 3 1
consecutive meetings of which proper notice has been 2
given; or 3
(d) is removed from office by the Governor in Council 4
under subsection (4). 5
(2) Subsection (1)(c) does not apply if the member is absent 6
under a leave of absence approved by the Minister under 7
section 250. 8
(3) Also, the office of a member becomes vacant if-- 9
(a) both of the following apply-- 10
(i) the member was nominated for membership of the 11
board under section 239(1)(e), (g) or (i), or the 12
member was elected under section 239(1)(j); 13
(ii) the member stops being a practising teacher or 14
practising teacher educator; or 15
(b) the member was nominated for membership of the board 16
under section 239(1)(f) and the member stops being a 17
registered teacher; or 18
(c) the member was elected by registered teachers under 19
section 239(1)(j) and-- 20
(i) if the member was elected under section 21
239(1)(j)(i)--the member is employed by the 22
employing authority for a non-State school; or 23
(ii) if the member was elected under section 24
239(1)(j)(ii)--the member is employed by the 25
State. 26
(4) The Governor in Council may remove a member from office if 27
the member-- 28
(a) is incapable of properly discharging the functions of a 29
member of the board; or 30
(b) is performing the member's duties carelessly, 31
incompetently or inefficiently. 32
(5) In this section-- 33
meeting means-- 34
s 249 149 s 250
Education (Queensland College of Teachers) Bill 2005
(a) if the member does not attend--a board meeting with a 1
quorum present; or 2
(b) if the member attends--a board meeting with or without 3
a quorum present. 4
249 Requirement for board members to disclose changes in 5
criminal history 6
(1) If there is a change in the criminal history of a member of the 7
board, the member must, unless the member has a reasonable 8
excuse, immediately disclose the change to the Minister. 9
Maximum penalty--100 penalty units. 10
(2) For a member who does not have a criminal history, there is 11
taken to be a change in the member's criminal history if the 12
member acquires a criminal history. 13
(3) To comply with subsection (1), the information disclosed by 14
the member about a conviction for an offence in the member's 15
criminal history must include the following-- 16
(a) the existence of the conviction; 17
(b) when the offence was committed; 18
(c) details adequate to identify the offence; 19
(d) whether or not a conviction was recorded; 20
(e) the sentence imposed on the member. 21
(4) In this section-- 22
criminal history, of a person, means the person's criminal 23
history as defined under the Criminal Law (Rehabilitation of 24
Offenders) Act 1986, other than spent convictions. 25
250 Leave of absence 26
(1) The Minister may approve a leave of absence for a member of 27
the board (the approved absent member). 28
(2) The Minister may appoint someone else to act in the office of 29
the approved absent member while the member is absent on 30
the leave. 31
s 251 150 s 251
Education (Queensland College of Teachers) Bill 2005
(3) If the approved absent member is an eligible person for a 1
nominating entity, the Minister must, before making the 2
appointment, give the entity a notice stating a reasonable time 3
within which it may nominate a person to act in the office of 4
the approved absent member while the member is absent on 5
the leave. 6
(4) If the entity does not make the nomination within the time 7
stated in the notice, the Minister may appoint a person who is 8
an eligible person for the nominating entity. 9
(5) A person is a member of the board during the term of the 10
person's appointment to act in the office of an approved 11
absent member. 12
(6) The Minister's power to appoint a person to act in the office of 13
an approved absent member does not limit the Governor in 14
Council's powers under the Acts Interpretation Act 1954, 15
section 25(1)(b)(v).33 16
(7) If the approved absent member is the deputy chairperson, the 17
board may appoint another member to act in the deputy 18
chairperson's office while the deputy chairperson is absent on 19
the leave. 20
(8) In this section-- 21
eligible person, for a nominating entity, means a person 22
whom the entity may nominate for membership of the board 23
as mentioned in section 239(1)(c) to (h) or (i)(ii). 24
nominating entity means an entity or entities that, under 25
section 239(1)(c) to (h) or (i)(ii), may nominate, or nominate 26
jointly, a person to be a member. 27
251 Filling vacancies--board members nominated by Minister 28
or another entity etc. 29
(1) This section applies if-- 30
(a) a board member's office becomes vacant other than 31
because the member's term of appointment has ended; 32
and 33
33 Acts Interpretation Act 1954, section 25 (Powers of appointment imply certain
incidental powers)
s 252 151 s 252
Education (Queensland College of Teachers) Bill 2005
(b) the member was nominated for membership-- 1
(i) by the Minister under section 239(1)(a) or (k); or 2
(ii) by an entity or entities under section 239(1)(b) to 3
(i). 4
(2) If the Minister considers it practicable to fill the vacancy 5
before the end of the vacating member's term of appointment, 6
the person nominated to fill the vacancy must be appointed for 7
the remainder of the vacating member's term of appointment. 8
252 Filling vacancies--board member elected by registered 9
teachers 10
(1) This section applies if-- 11
(a) a board member's office becomes vacant other than 12
because the member's term of appointment has ended; 13
and 14
(b) the member was elected by registered teachers under 15
section 239(1)(j). 16
(2) If the Minister considers it practicable to fill the vacancy 17
before the end of the vacating member's term of 18
appointment-- 19
(a) the director must nominate for appointment the person 20
who-- 21
(i) obtained the next highest number of votes in the 22
election at which the vacating member was 23
elected; and 24
(ii) is willing and able to be a member; or 25
(b) if there is no person suitable for nomination under 26
paragraph (a)--the Minister must nominate a practising 27
teacher for appointment. 28
(3) A person nominated for appointment under subsection (2) 29
must be appointed for the remainder of the vacating member's 30
term of appointment. 31
(4) A person nominated under this section is taken to have been 32
elected under section 239(1)(j). 33
s 253 152 s 257
Education (Queensland College of Teachers) Bill 2005
253 Conduct of business 1
Subject to sections 254 to 270, the board may conduct its 2
business, including its meetings, in the way it considers 3
appropriate. 4
254 Presiding at meetings 5
(1) The chairperson of the board must preside at all board 6
meetings at which the chairperson is present. 7
(2) If the chairperson is absent from a board meeting, but the 8
deputy chairperson is present, the deputy chairperson of the 9
board must preside. 10
(3) If both the chairperson and deputy chairperson are absent 11
from a board meeting, a member chosen by the members 12
present must preside. 13
255 Quorum for meetings 14
A quorum for a board meeting is the number equal to one-half 15
of the number of its members for the time being holding office 16
or, if one-half is not a whole number, the next highest whole 17
number. 18
256 Attendance by proxy by member 19
(1) A member may, not more than twice in a year, attend a board 20
meeting by proxy. 21
(2) A member is not entitled to preside at a board meeting merely 22
because the member is the proxyholder for another member 23
who, if present, would be entitled to preside. 24
257 Conduct of meetings 25
(1) A question at a board meeting is to be decided by a majority 26
of the votes of the members present. 27
(2) Each member present at the meeting has a vote on each 28
question to be decided and, if the votes are equal, the member 29
presiding also has a casting vote. 30
s 258 153 s 259
Education (Queensland College of Teachers) Bill 2005
(3) A member who abstains from voting is taken to have voted for 1
the negative. 2
(4) The board may hold meetings, or allow members to take part 3
in meetings, by using any technology allowing reasonably 4
contemporaneous and continuous communication between 5
members taking part in the meetings, including, for example, 6
teleconferencing. 7
(5) A member who takes part in a meeting of the board under 8
subsection (4) is taken to have been present at the meeting. 9
(6) A resolution is validly made by the board, even if it is not 10
passed at a board meeting, if-- 11
(a) notice of the resolution is given under procedures 12
approved by the board; and 13
(b) a majority of members agrees in writing to the 14
resolution. 15
258 Minutes 16
The board must keep minutes of its meetings. 17
259 Committees 18
(1) The board may establish committees of the board for 19
effectively and efficiently performing the board's functions. 20
(2) A committee may include any person, whether or not the 21
person is a member of the board. 22
(3) The functions of a committee are-- 23
(a) to advise and make recommendations to the board about 24
matters relevant to the board's functions that are referred 25
by the board to the committee; and 26
(b) to exercise powers delegated to it by the board. 27
(4) A committee must keep a record of the decisions it makes 28
when exercising a power delegated to it by the board. 29
(5) Subject to any requirements under this Act, a committee may 30
decide its own procedures. 31
s 260 154 s 260
Education (Queensland College of Teachers) Bill 2005
260 Disclosure of interest 1
(1) This section applies to a member of the board or a member of 2
a committee established by the board (the interested person) 3
if-- 4
(a) the interested person has a direct or indirect interest in 5
an issue being considered, or about to be considered, by 6
the board or the committee; and 7
(b) the interest could conflict with the proper performance 8
of the interested person's duties for considering the 9
issue. 10
(2) As soon as practicable after becoming aware of the relevant 11
facts, the interested person must disclose the nature of the 12
interest to a meeting of the board or committee. 13
(3) Unless the board or committee otherwise directs, the 14
interested person must not-- 15
(a) be present when the board or committee considers the 16
issue; or 17
(b) take part in a decision of the board or committee about 18
the issue. 19
(4) The interested person must not be present when the board or 20
committee is considering whether to give a direction under 21
subsection (3). 22
(5) If there is another person who must, under subsection (2), also 23
disclose an interest in the issue, the other person must not-- 24
(a) be present when the board or committee is considering 25
whether to give a direction under subsection (3) about 26
the interested person; or 27
(b) take part in making the decision about giving the 28
direction. 29
(6) Subsection (7) applies if-- 30
(a) because of this section, a member of the board or a 31
committee is not present at a board or committee 32
meeting for considering or deciding an issue, or for 33
considering or deciding whether to give a direction 34
under subsection (3); and 35
(b) there would be a quorum if the member were present. 36
s 261 155 s 264
Education (Queensland College of Teachers) Bill 2005
(7) The remaining members present are a quorum of the board or 1
committee for considering or deciding the issue, or 2
considering or deciding whether to give the direction, at the 3
meeting. 4
(8) A disclosure under subsection (2) must be recorded in the 5
board's or committee's minutes. 6
261 Attendance of director at meetings 7
(1) The director may attend board meetings. 8
(2) The director has no voting rights at a board meeting. 9
262 Requirement for board approval before college enters 10
into agreements 11
(1) Before the college enters into an agreement, the board must 12
have first passed a resolution to enter into the agreement. 13
(2) However, failure to comply with subsection (1) does not affect 14
the validity of the agreement. 15
263 Remuneration of board members and committee 16
members 17
A member of the board or a committee of the board is entitled 18
to be paid the fees and expenses decided by the Governor in 19
Council. 20
264 Delegation 21
(1) The board may delegate the board's powers under this Act to 22
any of the following-- 23
(a) a member of the board; 24
(b) a committee of the board; 25
(c) the director. 26
(2) The chairperson of the board may delegate the chairperson's 27
powers under this Act, other than a power under section 28
125(2), to any person. 29
(3) Subsection (2) applies subject to section 254. 30
s 265 156 s 268
Education (Queensland College of Teachers) Bill 2005
265 College is statutory body under the Financial 1
Administration and Audit Act 1977 2
The college is a statutory body under the Financial 3
Administration and Audit Act 1977. 4
266 College is statutory body under the Statutory Bodies 5
Financial Arrangements Act 1982 6
(1) The college is a statutory body under the Statutory Bodies 7
Financial Arrangements Act 1982. 8
(2) Part 2B34 of that Act sets out the way in which the college's 9
powers under this Act are affected by the Statutory Bodies 10
Financial Arrangements Act 1982. 11
267 College's financial year 12
The financial year of the college is a period of 12 months 13
beginning on 1 January.35 14
268 Money borrowed other than under the Statutory Bodies 15
Financial Arrangements Act 1982 16
(1) This section applies if the college borrows money it is not 17
lawfully authorised to borrow under the Statutory Bodies 18
Financial Arrangements Act 1982. 19
(2) All the members of the board who consented to the borrowing 20
of the money (the consenting board members) are jointly and 21
severally liable to repay the money, and to pay interest on it, to 22
the person from whom the money was borrowed. 23
(3) The money and interest mentioned in subsection (2) may be 24
recovered from the consenting board members by the Minister 25
as a debt in a court of competent jurisdiction. 26
(4) If money is appropriated from a fund to repay the borrowed 27
money or interest on it, the members of the board who 28
34 Statutory Bodies Financial Arrangements Act 1982, part 2B (Powers under this Act
and relationship with other Acts)
35 See also the Financial Administration and Audit Act 1977, schedule 3 (Dictionary),
definition financial year.
s 269 157 s 270
Education (Queensland College of Teachers) Bill 2005
consented to the misappropriation of the money are jointly 1
and severally liable to refund-- 2
(a) the misappropriated money; and 3
(b) interest at the rate of 12% per year. 4
(5) The misappropriated money and interest mentioned in 5
subsection (4) may be recovered from the board members 6
mentioned in the subsection by the Treasurer as a debt in a 7
court of competent jurisdiction. 8
(6) On recovering all or part of the misappropriated money and 9
interest, the Treasurer-- 10
(a) must pay the amount recovered into the fund from 11
which the money was appropriated; and 12
(b) is entitled to recover from the board members the full 13
costs incurred in recovering the amount, including legal 14
costs. 15
269 Budget 16
(1) The college must, for each financial year, develop, adopt and 17
submit to the Minister a budget by the day the Minister 18
directs. 19
(2) A budget has no effect until approved by the Minister. 20
(3) During a financial year, the college may develop, adopt and 21
submit to the Minister amendments to its approved budget for 22
the financial year. 23
(4) An amendment has no effect until approved by the Minister. 24
270 Compliance with approved budget 25
(1) The college must comply with its approved budget for a 26
financial year. 27
(2) If the college makes a disbursement in a financial year that is 28
not provided for in its approved budget for the financial year, 29
the members who knowingly agreed to the disbursement (the 30
relevant members) are jointly and severally liable to repay the 31
amount of the disbursement to the college. 32
s 271 158 s 272
Education (Queensland College of Teachers) Bill 2005
(3) A person appointed in writing by the Minister for the purpose 1
may recover, on the college's behalf, the amount from the 2
relevant members as a debt. 3
Part 3 Relationship of the college with 4
the Minister 5
271 Performance of college 6
(1) The Minister has the responsibility to ensure the college 7
operates to best practice standards. 8
(2) To help the Minister discharge the responsibility, the college 9
must report to the Minister, when and in the way required by 10
the Minister, on the efficiency, effectiveness, economy and 11
timeliness of the college and its systems and processes, 12
including operational processes. 13
(3) The college must comply with a Ministerial request under this 14
section. 15
272 Minister's power to give directions to college 16
(1) The Minister may give the college a written direction about a 17
matter relevant to its functions if the Minister is satisfied it is 18
necessary to give the direction in the public interest. 19
(2) Without limiting subsection (1), the direction may require the 20
college to comply with-- 21
(a) a policy, standard or other instrument applying to a 22
public sector unit; or 23
(b) another document, including, for example, another 24
policy, standard or instrument. 25
(3) However, the direction can not be about any of the following 26
matters-- 27
(a) a decision to grant, or refuse to grant, an application 28
for-- 29
(i) registration or permission to teach; or 30
s 273 159 s 274
Education (Queensland College of Teachers) Bill 2005
(ii) the renewal or restoration of full registration; or 1
(iii) the renewal of permission to teach; 2
(b) a decision to approve or not approve a preservice 3
teacher education program; 4
(c) a disciplinary order made or to be made by a 5
disciplinary committee; 6
(d) a decision about whether to take or continue 7
proceedings for an offence against this Act; 8
(e) a review decision made or to be made by the college. 9
(4) The college must comply with the direction. 10
273 Minister's power to require production of document 11
(1) The Minister may, by notice given to the college, require it to 12
make available for inspection by the Minister, or produce to 13
the Minister for inspection, a stated Act document held by, or 14
in the control of, the college. 15
(2) The Act document must be made available for inspection, or 16
produced, at a reasonable time and place stated in the notice. 17
(3) The Minister may copy the Act document and must return it to 18
the college after copying it. 19
(4) In this section-- 20
Act document means a document relevant to the college's 21
functions. 22
274 Ministerial request or direction to be included in college's 23
annual report 24
In the college's annual report for a financial year under the 25
Financial Administration and Audit Act 1977, the college 26
must include copies of all requests, directions or notices given 27
to it by the Minister under this part in the financial year. 28
s 275 160 s 278
Education (Queensland College of Teachers) Bill 2005
275 College must give annual report to the Minister 1
The college must, not later than 30 April in each year, give the 2
Minister a report about its work and activities during the 3
previous year. 4
Part 4 Office of the Queensland 5
College of Teachers 6
276 Establishment of office 7
(1) The Office of the Queensland College of Teachers is 8
established. 9
(2) The office consists of the director and staff of the office. 10
277 Office's functions and powers 11
(1) The office's function is to help the college in the performance 12
of its functions. 13
(2) The office may do anything necessary or convenient to be 14
done in performing its function. 15
278 Appointment, function and powers of director 16
(1) There is to be a director of the office. 17
(2) The director is to be appointed under the Public Service Act 18
1996. 19
(3) Subject to direction by the college, the director is to control 20
the office and is responsible for its efficient and effective 21
administration and operation. 22
(4) The director has all of the functions and powers of the chief 23
executive of a department, to the extent the functions and 24
powers relate to the organisational unit comprising the staff of 25
the office. 26
s 279 161 s 282
Education (Queensland College of Teachers) Bill 2005
279 Delegation by director 1
(1) The director may delegate the director's powers under this Act 2
to an appropriately qualified member of the office's staff. 3
(2) In this section-- 4
appropriately qualified includes having the qualifications, 5
experience or standing appropriate to exercise the power. 6
7
Example of standing--
8
the staff member's classification level in the office
280 Acting director 9
The Minister may appoint a person to act as the director-- 10
(a) during a vacancy in that office; or 11
(b) during any period, or during all periods, when the 12
director is absent from duty or can not, for another 13
reason, perform the functions of that office. 14
281 Office staff 15
The staff of the office are to be appointed under the Public 16
Service Act 1996. 17
Chapter 11 Miscellaneous 18
Part 1 Disclosure and use of 19
information 20
282 Definition for pt 1 21
In this part-- 22
relevant personal information means-- 23
(a) information about a person received by the college 24
under any of the following provisions-- 25
s 283 162 s 283
Education (Queensland College of Teachers) Bill 2005
(i) section 15(4);36 1
(ii) section 15(4) as applied by 29(5), 31(3) or 38(1);37 2
(iii) section 65;38 3
(iv) section 72; 39
4
(v) section 75;40 or 5
(b) information about a person to which the college has 6
regard under section 12(1).41 7
283 Confidentiality of particular information 8
(1) This section applies to a person who, in performing functions 9
under this Act, has acquired information about another 10
person, including relevant personal information. 11
(2) The person must not disclose the information to anyone else, 12
unless the disclosure is permitted under subsection (3). 13
Maximum penalty--40 penalty units. 14
(3) The person may disclose the information to someone else-- 15
(a) to the extent necessary to perform the person's functions 16
under this Act; or 17
(b) if the disclosure is authorised under this or another Act; 18
or 19
(c) if the disclosure is otherwise required or permitted by 20
law; or 21
(d) if the person to whom the information relates is an adult 22
and consents to the disclosure; or 23
36 Section 15 (Criminal history check etc.)
37 Section 29 (Requirements for renewal--full registration), 31 (Requirements for
renewal--permission to teach) or 38 (Application of pt 3, div 1 for restoring full
registration)
38 Section 65 (College's power to obtain criminal history etc. in relation to an approved
teacher)
39 Section 72 (Disclosure about particular changes in teaching status in another State)
40 Section 75 (Commissioner of police must notify changes in criminal history)
41 Section 12 (Suitability to teach--other considerations)
s 284 163 s 284
Education (Queensland College of Teachers) Bill 2005
(e) if the disclosure is in a form that does not disclose the 1
identity of the person to whom the information relates; 2
or 3
(f) if the information is, or has been, accessible to the 4
public, including, for example, because it is or was 5
recorded in the publicly available part of the register; or 6
(g) if the disclosure is to a disciplinary committee in 7
relation to a disciplinary matter being heard by the 8
committee; 9
(h) if the disclosure is to a foreign regulatory authority and 10
is necessary for the authority to perform its functions; or 11
(i) if the disclosure is to the Minister to allow the Minister 12
to act under paragraph (j); or 13
(j) if the Minister considers the disclosure is in the public 14
interest and authorises the person to disclose the 15
information. 16
(4) If the Minister authorises information to be disclosed under 17
subsection (3)(j) about a matter concerning an approved 18
teacher, the Minister must inform the college of the 19
authorisation and its purpose. 20
(5) In this section-- 21
publicly available part, of the register, see section 289(3). 22
284 Guidelines for dealing with relevant personal information 23
(1) The college must make guidelines about dealing with relevant 24
personal information. 25
(2) The purpose of the guidelines is to ensure each of the 26
following-- 27
(a) natural justice is observed in relation to a person to 28
whom the relevant personal information relates; 29
(b) only relevant information is used for deciding whether a 30
person is suitable to teach; 31
(c) decisions made under this Act about whether a person is 32
suitable to teach, based on the information, are made 33
consistently. 34
s 285 164 s 285
Education (Queensland College of Teachers) Bill 2005
(3) The college must give a copy of the guidelines, on request, to 1
an applicant for the grant, renewal or restoration of 2
registration or permission to teach. 3
285 College may give information about teachers to 4
commissioner for children in particular circumstances 5
(1) This section applies if-- 6
(a) the college suspends an approved teacher's registration 7
or permission to teach under section 49;42 or 8
(b) a disciplinary committee makes a decision about 9
disciplinary proceedings against a relevant teacher. 10
(2) The college may give notice of the decision to the 11
commissioner for children if the college reasonably believes 12
the decision is relevant to the functions or powers of the 13
commissioner under the Commission for Children and Young 14
People and Child Guardian Act 2000, part 6.43 15
(3) A notice given under subsection (2) must state the 16
following-- 17
(a) the teacher's name and address; 18
(b) the teacher's date of birth; 19
(c) the decision; 20
(d) when the teacher's conduct giving rise to the suspension 21
happened; 22
(e) the nature of the conduct. 23
(4) However, if a notice given under subsection (3) relates to a 24
particular child, the notice must not contain information that 25
identifies, or is likely to identify, the child. 26
(5) In this section-- 27
commissioner for children means the Commissioner for 28
Children and Young People and Child Guardian under the 29
42 Section 49 (College's power to suspend if approved teacher poses imminent risk of
harm to children)
43 Commission for Children and Young People and Child Guardian Act 2000, part 6
(Screening for regulated employment and regulated businesses)
s 286 165 s 287
Education (Queensland College of Teachers) Bill 2005
Commission for Children and Young People and Child 1
Guardian Act 2000. 2
286 College may enter into information sharing arrangement 3
with commissioner of police 4
(1) This section applies only to the extent another provision of 5
this Act allows the college to give information to the 6
commissioner of police or the commissioner of police to give 7
information, including criminal history information, to the 8
college. 9
(2) The college and the commissioner of police may enter into a 10
written arrangement by which the information is given or 11
received. 12
(3) Without limiting subsection (2), the arrangement may provide 13
for the electronic transfer of information, including on a daily 14
basis. 15
(4) However, if the information is to be electronically transferred 16
and, under this Act, there is a limitation on who may access 17
the information or the purposes for which the information 18
may be used, the arrangement must provide for the limitation. 19
(5) In this section-- 20
criminal history information means information about a 21
person that is required or permitted to be given to the college 22
under any of the following provisions-- 23
(a) section 15(4); 24
(b) section 15(4) as applied by 29(5), 31(3) or 38(1); 25
(c) section 65; 26
(d) section 75. 27
287 Other information sharing agreements 28
(1) The college may enter into an arrangement (an information 29
sharing arrangement) with a relevant agency for the purposes 30
of sharing or exchanging any information held by the college 31
or the relevant agency. 32
s 288 166 s 288
Education (Queensland College of Teachers) Bill 2005
(2) The information to which the information sharing 1
arrangement may relate is limited to information that-- 2
(a) helps the college in the exercise of its functions under 3
this Act or the relevant agency in the exercise of its 4
functions; and 5
(b) is not information about a person's criminal history. 6
(3) Under an information sharing arrangement, the college and 7
relevant agency are, despite any other Act or law of the State, 8
authorised to-- 9
(a) request and receive information held by the other party 10
to the arrangement; and 11
(b) disclose the information to the other party. 12
(4) In this section-- 13
relevant agency means any of the following-- 14
(a) a department; 15
(b) the Crime and Misconduct Commission; 16
(c) an interstate regulatory authority. 17
Part 2 Register of approved teachers 18
288 Register of approved teachers to be kept 19
(1) The college must keep a register about approved teachers. 20
(2) The register may be kept in the way the college considers 21
appropriate, including, for example, in electronic form. 22
(3) The register must contain the following details for each 23
approved teacher-- 24
(a) the teacher's full name; 25
(b) any former names of the teacher; 26
(c) the address for the teacher most recently notified by the 27
teacher to the college; 28
(d) the teacher's date of birth; 29
s 288 167 s 288
Education (Queensland College of Teachers) Bill 2005
(e) the teacher's gender; 1
(f) for a registered teacher--the day the teacher was first 2
granted registration as a teacher under this Act or a 3
former Act; 4
(g) whether the teacher holds full registration, provisional 5
registration or permission to teach; 6
(h) the teacher's identification number; 7
(i) details of any qualifications and experience relied on by 8
the teacher to obtain the registration or permission to 9
teach; 10
(j) any conditions of the registration or permission to teach; 11
(k) the current period of the registration or permission to 12
teach; 13
(l) if the teacher's registration or permission to teach is 14
suspended-- 15
(i) the day the suspension took effect; and 16
(ii) the period of the suspension; 17
(m) an endorsement or notation about the teacher entered in 18
the register under a disciplinary order; 19
(n) details of any other disciplinary order made against the 20
teacher, including the day the order was made and the 21
ground for disciplinary action; 22
(o) if applicable, the name of-- 23
(i) the employing authority for each school at which 24
the teacher is employed; and 25
(ii) if the name of the school is different to the name of 26
the employing authority--each school at which the 27
teacher is employed; 28
(p) other details prescribed under a regulation. 29
(4) For subsection (3)(j), the information must be contained in the 30
register while the conditions are in force. 31
(5) The register must also contain the following information for a 32
person whose registration or permission to teach was 33
s 289 168 s 289
Education (Queensland College of Teachers) Bill 2005
cancelled by the college under section 5644 or by the Teachers 1
Disciplinary Committee under section 16045-- 2
(a) the person's full name; 3
(b) that the person's registration or permission to teach was 4
cancelled on disciplinary grounds; 5
(c) the person's former identification number; 6
(d) if a disciplinary order prevents the person reapplying for 7
registration or permission to teach for a stated 8
period--the period for which the person can not reapply 9
for registration or permission to teach; 10
(e) if a disqualification order has been made against the 11
person--that the disqualification order has been made 12
against the person. 13
(6) However, the information mentioned in subsection (5) must 14
be removed from the register 3 years from the day the person's 15
registration or permission to teach was cancelled. 16
289 Inspection of register 17
(1) The college must-- 18
(a) keep the publicly available part of the register open for 19
inspection, free of charge, at the office by members of 20
the public during ordinary office hours; and 21
(b) on request, give a person a copy of the publicly available 22
part of the register, or a part of the publicly available 23
part of the register. 24
(2) Also, the college may allow the employing authority for a 25
school to inspect a part of the register, other than the publicly 26
available part. 27
(3) In this section-- 28
publicly available part, of the register, means the part of the 29
register containing the following-- 30
44 Section 56 (Cancellation if conviction for excluding offence and imprisonment or
disqualification order imposed)
45 Section 160 (Decision about disciplinary action against approved teacher)
s 290 169 s 291
Education (Queensland College of Teachers) Bill 2005
(a) the details or information about an approved teacher 1
mentioned in section 288(3)(a), (g), (h), (k) and (l); 2
(b) any other details or information about an approved 3
teacher mentioned in section 288(3) if the teacher has 4
given notice to the college stating the teacher consents 5
to the details or information being made available for 6
inspection by members of the public; 7
(c) the details or information about a person mentioned in 8
section 288(5)(a) to (d). 9
Part 3 Codes of practice 10
290 College may develop codes of practice 11
(1) The college may develop codes of practice to provide 12
guidance to approved teachers about appropriate professional 13
conduct or practice. 14
(2) In developing or amending a code of practice, the college 15
must consult with-- 16
(a) the chief executive; and 17
(b) the representative entities. 18
(3) Subsection (2) does not prevent the college consulting with 19
another person or entity. 20
(4) A code of practice, or an amendment of a code of practice, has 21
no effect until it is approved by the Minister by gazette notice. 22
(5) The college must ensure approved teachers are notified of the 23
approval of a code of practice, or an amendment of a code of 24
practice. 25
291 Inspection of code of practice 26
The college must-- 27
(a) make a code of practice available for inspection on its 28
Internet site;46 and 29
s 292 170 s 294
Education (Queensland College of Teachers) Bill 2005
(b) ensure copies of the code of practice are kept available 1
for inspection at the office. 2
292 Use of code of practice in disciplinary proceedings 3
A code of practice may be used in disciplinary proceedings 4
only to provide evidence of appropriate professional conduct 5
or practice for the teaching profession. 6
Part 4 Other provisions 7
293 Higher education entities must not misrepresent approval 8
of preservice teacher education programs 9
A higher education entity offering a preservice teacher 10
education program that has not been approved by the college 11
under this Act must not claim or represent to another person 12
that the program has been approved by the college under this 13
Act. 14
Maximum penalty--20 penalty units. 15
294 Protection from liability 16
(1) This section applies to the following persons-- 17
(a) the Minister; 18
(b) the commissioner of police; 19
(c) a member of the board or a committee of the board; 20
(d) a member of a disciplinary committee; 21
(e) an investigator; 22
(f) a person acting under the direction of an investigator; 23
46 On the commencement of this section, the college's Internet site was located at
.
s 295 171 s 297
Education (Queensland College of Teachers) Bill 2005
(g) a person appointed by the Teachers Disciplinary 1
Committee to conduct a health assessment under section 2
136. 3
(2) The person is not civilly liable for an act done, or omission 4
made, honestly and without negligence under this Act. 5
(3) If subsection (2) prevents a liability attaching to the person, 6
the liability attaches instead to-- 7
(a) for a person mentioned in subsection (1)(g)--the 8
college; or 9
(b) for another person mentioned in subsection (1)--the 10
State. 11
295 Delegation by Minister 12
(1) The Minister may delegate the Minister's powers under this 13
Act to an appropriately qualified person. 14
(2) However, the Minister may not delegate the Minister's power 15
under section 272 or 273.47 16
296 Administrative support for college etc. 17
(1) The college may make arrangements for administrative 18
support services for the college, the office and the Teachers 19
Disciplinary Committee. 20
(2) If the college makes arrangements with the chief executive to 21
provide 1 or more services for the college, the office or the 22
Teachers Disciplinary Committee, the arrangement must 23
include a provision about the college paying the department a 24
reasonable amount for the service. 25
297 Approved forms 26
The college may approve forms for use under this Act. 27
47 Section 272 (Minister's power to give directions to college) or 273 (Minister's
power to require production of document)
s 298 172 s 299
Education (Queensland College of Teachers) Bill 2005
298 Regulation-making power 1
(1) The Governor in Council may make regulations under this 2
Act. 3
(2) A regulation may provide for fees for this Act and waiving 4
and refunding fees. 5
(3) A regulation may prescribe a penalty of not more than 20 6
penalty units for a contravention of the regulation. 7
Chapter 12 Repeal and transitional 8
provisions 9
Part 1 Interpretation 10
299 Definitions for ch 12 11
In this chapter-- 12
commencement means the commencement of section 300. 13
existing register means the register of teachers kept by the 14
former board under the repealed Act immediately before the 15
commencement. 16
former board means the Board of Teacher Registration under 17
the repealed Act. 18
former by-law means the repealed Education (Teacher 19
Registration) By-law 1999. 20
former office means the Office of the Board of Teacher 21
Registration under the repealed Act. 22
new board means the board of the Queensland College of 23
Teachers established under this Act. 24
repealed Act means the Education (Teacher Registration) Act 25
1988 as in force from time to time before its repeal. 26
s 300 173 s 303
Education (Queensland College of Teachers) Bill 2005
Part 2 Repeal 1
300 Repeal of Education (Teacher Registration) Act 1988 2
The Education (Teacher Registration) Act 1988 No. 96 is 3
repealed. 4
Part 3 Provisions relating to former 5
board and college 6
301 Dissolution of former board 7
(1) On the commencement-- 8
(a) the former board is dissolved; and 9
(b) members of the former board go out of office. 10
(2) No compensation is payable to a member because of 11
subsection (1). 12
302 College is legal successor of former board 13
(1) The college is the successor in law of the former board. 14
(2) Section 303 does not limit subsection (1). 15
303 Assets and liabilities etc. 16
On the commencement-- 17
(a) anything that was an asset or liability of the former 18
board immediately before the commencement becomes 19
an asset or liability of the college; and 20
(b) an agreement or arrangement in force immediately 21
before the commencement between the former board 22
and another entity is taken to be an agreement or 23
arrangement between the college and the other entity; 24
and 25
s 304 174 s 305
Education (Queensland College of Teachers) Bill 2005
(c) any property that was, immediately before the 1
commencement, held by the former board on trust or 2
subject to conditions continues to be held by the college 3
on the same trusts or subject to the same conditions. 4
304 Conduct of election for new board before commencement 5
(1) The purpose of this section is to allow the former board and 6
the former director to conduct, before the commencement, an 7
election of practising teachers for the purpose of making an 8
appointment of members of the new board under section 9
239(1)(j) to take effect on 1 January 2006. 10
(2) For conducting the election-- 11
(a) the former board may perform the functions and 12
exercise the powers of the college or the new board 13
under this Act; and 14
(b) the former director may perform the functions and 15
exercise the powers of the director under this Act; and 16
(c) a person recorded in the register of teachers kept under 17
the repealed Act as having full registration or 18
provisional registration is taken to be a registered 19
teacher under this Act. 20
(3) An election conducted under this section is taken to be an 21
election for section 239(1)(j). 22
(4) This section applies in addition to, but does not limit, the Acts 23
Interpretation Act 1954, section 17.48 24
(5) In this section-- 25
former director means the director under the repealed Act. 26
305 Former board's budget for 2006 27
(1) This section applies to a budget for the year ending on 31 28
December 2006 that is adopted by the former board, and 29
48 Acts Interpretation Act 1954, section 17 (Exercise of powers between enactment and
commencement)
s 306 175 s 307
Education (Queensland College of Teachers) Bill 2005
approved by the Minister, under section 2549 of the repealed 1
Act. 2
(2) The budget is taken to have been adopted by the new board, 3
and approved by the Minister, under section 26950 for the new 4
board's 2006 financial year. 5
306 Former board's annual report for 2005 6
(1) The college must prepare the annual report required under the 7
Financial Administration and Audit Act 1977, section 46J,51 8
and otherwise comply with the former board's obligations 9
under the section, in relation to the operations of the former 10
board for its financial year ending on 31 December 2005. 11
(2) Section 7(4)52 of the repealed Act continues to apply in 12
relation to the annual report mentioned in subsection (1). 13
307 Proceedings 14
(1) A proceeding that could have been started by or against the 15
former board before the commencement may be started by or 16
against the college. 17
(2) From the commencement, an existing proceeding may be 18
continued and finished by or against the college. 19
(3) In this section-- 20
existing proceeding means a proceeding that-- 21
(a) was taken by or against a following person before the 22
commencement-- 23
(i) the former board; 24
(ii) a member of the former board in the capacity as a 25
member of the former board; and 26
(b) has not been finished before the commencement. 27
49 Section 25 (Budget of the board) of the repealed Act
50 Section 269 (Budget)
51 Financial Administration and Audit Act 1977, section 46J (Annual report)
52 Section 7 (Minister's power to give directions in the public interest) of the repealed
Act
s 308 176 s 309
Education (Queensland College of Teachers) Bill 2005
308 Proceedings for offences against repealed Act 1
(1) Proceedings for an offence against the repealed Act may be 2
continued or started by the college. 3
(2) For subsection (1), the repealed Act continues to apply, with 4
any necessary changes, as if it had not been repealed. 5
(3) This section is not limited by the Acts Interpretation Act 1954, 6
section 20.53 7
309 Appeals 8
(1) Subsection (2) applies if-- 9
(a) a person has appealed to the District Court under the 10
repealed Act before the commencement against a 11
decision or order mentioned in section 72(1)54 of the 12
repealed Act; and 13
(b) the appeal has not been decided before the 14
commencement. 15
(2) The District Court may hear, or continue to hear, and decide 16
the appeal under the repealed Act as if it had not been 17
repealed. 18
(3) Subsection (4) applies if-- 19
(a) immediately before the commencement, a person could 20
have appealed to the District Court under the repealed 21
Act against a decision or order mentioned in section 22
72(1) of the repealed Act; and 23
(b) the person has not appealed before the commencement. 24
(4) The person may appeal, and the District Court may hear and 25
decide the appeal, under the repealed Act as if this Act had not 26
commenced. 27
(5) For giving effect to its decision under subsection (2) or (4), 28
the District Court may make the orders it considers necessary 29
having regard to the provisions of this Act. 30
53 Acts Interpretation Act 1954, section 20 (Saving of operation of repealed Act etc.)
54 Section 72 (Appeals) of the repealed Act
s 310 177 s 312
Education (Queensland College of Teachers) Bill 2005
1
Example--
2
on an appeal against a refusal by the former board to register a person
3
under the repealed Act, the court may order the college to register the
4
person under this Act
310 Continuing effect of Ministerial directions given before 5
commencement 6
(1) This section applies to a direction-- 7
(a) given to the former board by the Minister under section 8
7 of the repealed Act; and 9
(b) with which the former board would have had to comply 10
after the commencement if the repealed Act had not 11
been repealed. 12
(2) If the context permits, on the commencement the direction is 13
taken to have been given by the Minister to the college under 14
section 272.55 15
311 References to former board 16
A reference in an Act or document to the former board may, if 17
the context permits, be taken to be a reference to the college. 18
Part 4 Provisions relating to the 19
former office 20
312 Dissolution of former office 21
The former office is dissolved. 22
55 Section 272 (Minister's power to give directions to college)
s 313 178 s 313
Education (Queensland College of Teachers) Bill 2005
313 Staff of former office 1
(1) An existing staff member is, on the commencement, taken to 2
be appointed as a staff member of the new office under section 3
281.56 4
(2) The terms and conditions of employment applying to each 5
existing staff member immediately before the commencement 6
continue to apply. 7
(3) To remove any doubt, it is declared that the continuity of 8
service of the existing staff member is not interrupted merely 9
because of the person's appointment within the former office 10
ending and the starting of the person's appointment within the 11
new office. 12
(4) In this section-- 13
existing staff member means a person who, immediately 14
before the commencement, was the director or another staff 15
member of the former office. 16
new office means the Office of the Queensland College of 17
Teachers established under this Act. 18
terms and conditions of employment, for the existing staff 19
members, means-- 20
(a) the salary and conditions of the person's employment; 21
and 22
(b) the person's entitlements in relation to leave and 23
superannuation. 24
56 Section 281 (Office staff)
s 314 179 s 315
Education (Queensland College of Teachers) Bill 2005
Part 5 Provisions relating to 1
registration etc. 2
314 Existing registrations 3
(1) This section applies to a person who, immediately before the 4
commencement, was recorded in the existing register as 5
having full registration or provisional registration. 6
(2) If the person was recorded as having full registration, on the 7
commencement the person is taken to be the holder of full 8
registration under this Act that remains in force, subject to the 9
provisions of this Act about suspension and cancellation, until 10
31 December 2010. 11
(3) If the person was recorded as having provisional registration, 12
on the commencement the person is taken to be the holder of 13
provisional registration under this Act that remains in force, 14
subject to the provisions of this Act about suspension and 15
cancellation, until 31 December 2007. 16
(4) For subsections (2) and (3), the person's registration under 17
this Act is subject to the same conditions to which the 18
person's registration under the repealed Act was subject 19
immediately before the commencement. 20
(5) The annual fee payable by the person under section 6657 for 21
the registration year starting on 1 January 2006 must be paid 22
not later than 31 March 2006. 23
(6) Subsection (5) applies despite section 66(1). 24
(7) As soon as practicable after the person pays the annual fee for 25
the registration year starting on 1 January 2006, the college 26
must issue a certificate of registration to the person. 27
315 Existing authorisations to teach 28
(1) This section applies if, immediately before the 29
commencement, a person is authorised by the former board, 30
57 Section 66 (Payment of annual fee by approved teacher and issue of registration card
to registered teacher)
s 316 180 s 316
Education (Queensland College of Teachers) Bill 2005
under section 4358 of the repealed Act, to employ another 1
person (the authorised teacher) as a teacher. 2
(2) On the commencement, the authorised teacher is taken to be 3
the holder of a permission to teach. 4
(3) For subsection (2), the permission to teach is subject to the 5
same conditions as the authorisation mentioned in subsection 6
(1) was subject to immediately before the commencement. 7
(4) The annual fee payable by the person under section 66 for the 8
registration year starting on 1 January 2006 must be paid not 9
later than 31 March 2006. 10
(5) Subsection (4) applies despite section 66(1). 11
316 Deciding existing applications for registration 12
(1) This section applies if-- 13
(a) an application was made before the commencement 14
under the repealed Act for full registration or 15
provisional registration; and 16
(b) the former board has not decided the application before 17
the commencement. 18
(2) The application-- 19
(a) is taken to have been made under this Act; and 20
(b) must be decided by the college under this Act. 21
(3) For this Act-- 22
(a) a report about the applicant's criminal history obtained 23
by the former board under section 37A of the repealed 24
Act is taken to have been requested and received by the 25
college under section 15; and 26
(b) a notice given to the applicant by the former board under 27
section 40 of the repealed Act is taken to be a notice 28
given to the applicant by the college under section 17(1). 29
58 Section 43 (Unregistered teachers not to be employed) of the repealed Act
s 317 181 s 318
Education (Queensland College of Teachers) Bill 2005
317 Deciding existing applications for restoration of 1
registration 2
(1) This section applies if-- 3
(a) an application was made before the commencement 4
under the repealed Act for restoration of full registration 5
or provisional registration; and 6
(b) the former board has not decided the application before 7
the commencement. 8
(2) The application must be decided by the college under the 9
repealed Act. 10
(3) For subsection (2)-- 11
(a) the provisions of the repealed Act and former by-law 12
continue to apply, with any necessary changes, as if this 13
Act had not commenced; and 14
(b) a reference in the repealed Act to the former board is 15
taken to be a reference to the college. 16
(4) If the application is granted, the restoration of the registration 17
is taken to have had effect from 31 December 2005. 18
(5) If the application is not granted, the applicant may appeal 19
against the college's decision under part 6 of the repealed Act 20
as if that Act had not been repealed. 21
318 Particular higher education courses taken to be approved 22
preservice teacher education programs 23
(1) This section applies to a course of preservice teacher 24
education, or a post-graduate course of preservice teacher 25
education, within the meaning of the former by-law-- 26
(a) provided by a higher education entity before the 27
commencement; and 28
(b) that was recognised by the former board as a prescribed 29
course of higher education under the former by-law. 30
s 319 182 s 321
Education (Queensland College of Teachers) Bill 2005
(2) On the commencement, the course is taken to be a preservice 1
teacher education program approved by the college under 2
section 236.59 3
319 Continuation of existing register until 30 June 2006 4
(1) On the commencement, the existing register is taken to 5
comply with the requirements for the register under section 6
288.60 7
(2) Subsection (1) stops applying on 30 June 2006. 8
320 Particular matters under repealed Act to be included in 9
register 10
(1) Subsection (2) applies if-- 11
(a) section 314 applies to a person; and 12
(b) the former board ordered under the repealed Act that a 13
notation or endorsement about the person be entered in 14
the existing register for a stated period; and 15
(c) the period has not ended on 1 January 2006. 16
(2) The notation or endorsement must be included in the register 17
under section 288 until the period ends. 18
(3) Section 288(5) and (6) are taken to apply to a person whose 19
registration under the repealed Act was cancelled by the 20
former board on or after 1 January 2003 under part 5 of the 21
repealed Act. 22
Part 6 Disciplinary matters 23
321 Existing show cause procedure 24
(1) This section applies if-- 25
59 Section 236 (Approval of preservice teacher education programs)
60 Section 288 (Register of approved teachers to be kept)
s 322 183 s 322
Education (Queensland College of Teachers) Bill 2005
(a) before the commencement, the former board gave a 1
provisionally registered teacher a notice under section 2
4661 of the repealed Act; and 3
(b) the former board has not decided, before the 4
commencement, whether to make the proposed order 5
stated in the notice. 6
(2) The college must decide under the repealed Act whether to 7
make the proposed order. 8
(3) For subsection (2)-- 9
(a) the repealed Act continues to apply, with any necessary 10
changes, as if it had not been repealed; and 11
(b) a reference in the repealed Act to the former board is 12
taken to be a reference to the college; and 13
(c) a reference in the repealed Act to the director under that 14
Act is taken to be a reference to the director under this 15
Act. 16
(4) If the college decides to make the proposed order, the order 17
has effect as if it had been made under section 47.62 18
322 Existing inquiries 19
(1) This section applies if-- 20
(a) before the commencement, the former board starts to 21
conduct an inquiry under part 563 of the repealed Act; 22
and 23
(b) the inquiry is not finished before the commencement. 24
(2) The inquiry must be finished under the repealed Act as if that 25
Act had not been repealed. 26
(3) For finishing the inquiry, the inquiry body is-- 27
61 Section 46 (Procedure if board considers teacher is not complying with conditions
of provisional registration) of the repealed Act
62 Section 47 (College's power to suspend or cancel registration or permission to
teach)
63 Part 5 (Inquiries about respondent teachers and related matters) of the repealed Act
s 323 184 s 324
Education (Queensland College of Teachers) Bill 2005
(a) if the former board appointed a committee of inquiry to 1
conduct the inquiry under section 51 of the repealed 2
Act--the committee of inquiry; or 3
(b) otherwise--the members of the former board 4
immediately before the commencement. 5
(4) For subsection (2), part 5, divisions 3 and 464 of the repealed 6
Act applies as if the college were the former board. 7
(5) For finishing the inquiry, a member of a committee of inquiry 8
has the member's entitlements under the repealed Act. 9
323 Suspended registrations 10
(1) This section applies if a registered teacher's registration has 11
been suspended under the repealed Act and the period of the 12
suspension has not ended before the commencement. 13
(2) The suspension continues to have effect under this Act. 14
(3) The suspension ends when it would have ended under the 15
repealed Act if that Act had not been repealed. 16
324 Suspension for charge for excluding offence not to apply 17
to particular approved teachers 18
(1) This section applies to a person who, immediately before the 19
commencement-- 20
(a) was a registered teacher under the repealed Act; and 21
(b) had been charged with an offence that has not been dealt 22
with. 23
(2) If, immediately after the commencement, the offence is an 24
excluding offence, section 4865 does not apply to the person. 25
(3) However if, after the commencement, the person is convicted 26