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TASMANIA
__________
TEACHERS REGISTRATION AMENDMENT
BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 5 amended (Establishment of Board)
6. Section 11 amended (Applications)
7. Section 12 amended (Criteria for full registration)
8. Section 13 amended (Registration)
9. Section 13A amended (Extension of registration)
10. Section 14 amended (Renewal of registration)
11. Section 15 amended (Certificate of registration)
12. Section 16 amended (Criteria for provisional registration)
13. Section 16A amended (Extension of provisional
registration)
14. Section 17 amended (Criteria for limited authority)
15. Section 19 amended (Complaints)
16. Section 19A inserted
19A. Notification
17. Section 20 amended (Inquiries)
[Bill 20]-II
18. Section 24A inserted
24A. Right of person to be heard
19. Section 27A inserted
27A. Information may be given to like body
20. Section 31 amended (Notice of dismissal and resignation)
21. Section 32 amended (Annual returns)
22. Section 37 amended (Replacement certificates)
23. Section 39 amended (Regulations)
2
TEACHERS REGISTRATION AMENDMENT
BILL 2004
(Brought in by the Minister for Education, the Honourable
Paula Catherine Wriedt)
A BILL FOR
An Act to amend the Teachers Registration Act 2000
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Teachers Registration
Amendment Act 2004.
Commencement
2. This Act commences on a day to be proclaimed.
Principal Act
3. In this Act, the Teachers Registration Act 2000* is
referred to as the Principal Act.
*No. 98 of 2000
[Bill 20] 3
s. 4 No. Teachers Registration Amendment 2004
Section 3 amended (Interpretation)
4. Section 3 of the Principal Act is amended as follows:
(a) by inserting the following definition before the
definition of "approved":
"another State" includes
(a) a Territory; and
(b) New Zealand;
(b) by omitting the definition of "certificate of
limited authority";
(c) by inserting the following definitions after the
definition of "committee of inquiry":
"fit to teach" means fit to teach in the
opinion of the Board after taking
into account any matter it
considers relevant;
"full registration" means full
registration
(a) granted under section 13,
whether or not extended
under section 13A; or
(b) renewed under section 14;
"fully registered" means having full
registration;
(d) by inserting the following definition after the
definition of "materials":
"notice of limited authority" means a
notice of limited authority referred
to in section 17(5);
4
2004 Teachers Registration Amendment No. s. 5
(e) by inserting ", whether or not extended under
section 16A" after "section 16" in the definition
of "provisional registration";
(f) by inserting the following definition after the
definition of "provisional registration":
"provisionally registered" means
having provisional registration;
(g) by omitting "registered under section 13 or 14"
from the definition of "registered" and
substituting "fully registered or provisionally
registered";
(h) by omitting "or provisionally registered" from
paragraph (a) of the definition of "registered
teacher";
(i) by omitting "registration under section 13 or
14" from the definition of "registration" and
substituting "full registration or provisional
registration".
Section 5 amended (Establishment of Board)
5. Section 5(1) of the Principal Act is amended by
inserting after paragraph (b) the following paragraph:
(ba) a legal practitioner within the meaning of the
Legal Profession Act 1993;
Section 11 amended (Applications)
6. Section 11 of the Principal Act is amended as follows:
5
s. 7 No. Teachers Registration Amendment 2004
(a) by omitting paragraphs (a) and (b) from
subsection (1) and substituting the following
paragraph:
(a) is a registered teacher; or
(b) by omitting from subsection (2) "registration,
provisional";
(c) by omitting subsection (4).
Section 12 amended (Criteria for full registration)
7. Section 12 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "registered"
and substituting "granted full registration";
(b) by omitting from subsection (1)(a)(i) "teaching"
and substituting "teaching, or the equivalent
of one year of full-time teaching,";
(c) by omitting from subsection (1)(b) "character."
and substituting "character; and";
(d) by inserting the following paragraph after
paragraph (b) in subsection (1):
(c) he or she is fit to teach.
(e) by omitting from subsection (2)(b)(ii) "or"
second occurring and substituting "and";
(f) by omitting subparagraph (iii) from subsection
(2)(b);
(g) by omitting subsections (3) and (4).
6
2004 Teachers Registration Amendment No. s. 8
Section 13 amended (Registration)
8. Section 13(1) of the Principal Act is amended by
omitting "register" and substituting "grant full
registration to".
Section 13A amended (Extension of registration)
9. Section 13A of the Principal Act is amended as follows:
(a) by inserting in subsection (1) "full" after
"whose";
(b) by inserting in subsection (2) "full" after
"whose";
(c) by inserting the following subsection after
subsection (3):
(4) The Board is to extend a registration
that is the subject of an application under this
section.
Section 14 amended (Renewal of registration)
10. Section 14 of the Principal Act is amended as follows:
(a) by inserting in subsection (1) "who is fully
registered" after "person";
(b) by inserting in subsection (1) "that" after "of";
(c) by omitting from subsection (2)(b) "of " and
substituting "of one or both of the following
matters as required by the Board:";
(d) by omitting from subsection (2)(b)(i) "or";
7
s. 11 No. Teachers Registration Amendment 2004
(e) by inserting in subsection (3) "fully registered"
after "a";
(f) by inserting the following paragraph after
paragraph (a) in subsection (3):
(ab) satisfied that the person is fit to
teach; and
Section 15 amended (Certificate of registration)
11. Section 15 of the Principal Act is amended as follows:
(a) by inserting in subsection (1) "full" after "of";
(b) by omitting from subsection (1) "section 13"
and substituting "section 13, whether or not
extended under section 13A,";
(c) by inserting in subsection (2) "or section 16A"
after "section 16(3)".
Section 16 amended (Criteria for provisional
registration)
12. Section 16 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(b) "character."
and substituting "character; and";
(b) by inserting the following paragraph after
paragraph (b) in subsection (1):
(c) the person is fit to teach.
(c) by inserting the following subsection after
subsection (1):
8
2004 Teachers Registration Amendment No. s. 13
(1A) If the Board determines that a fully
registered person applying for renewal of his
or her registration does not meet the
requirements of section 14(3), the Board may
grant provisional registration to that person
subject to any conditions the Board considers
appropriate.
(d) by omitting from subsection (6) "teaching" and
substituting "full-time teaching or the
equivalent of one year of full-time teaching".
Section 16A amended (Extension of provisional
registration)
13. Section 16A of the Principal Act is amended by
inserting after subsection (3) the following subsection:
(4) The Board is to extend a registration that
is the subject of an application under this section.
Section 17 amended (Criteria for limited authority)
14. Section 17 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "is to" and
substituting "may";
(b) by omitting paragraphs (b) and (c) from
subsection (1) and substituting the following
paragraphs:
(b) is of good character; and
(c) is fit to teach.
(c) by omitting subsection (5) and substituting the
following subsection:
9
s. 15 No. Teachers Registration Amendment 2004
(5) The Board is to issue a notice of
limited authority
(a) to a person granted a limited
authority; and
(b) to the person initiating the
request for the limited authority.
Section 19 amended (Complaints)
15. Section 19 of the Principal Act is amended by omitting
subsection (1) and substituting the following subsection:
(1) By notice in writing to the Board, a person
may complain about the conduct of a person who is
or was a registered teacher, or has or has had a
limited authority, if
(a) the conduct occurred while the person
was employed, or engaged, as a teacher;
and
(b) the person complaining believes that the
conduct indicates
(i) that the teacher is not of good
character; or
(ii) that the teacher is not fit to teach.
Section 19A inserted
16. After section 19 of the Principal Act, the following
section is inserted in Division 2:
10
2004 Teachers Registration Amendment No. s. 17
Notification
19A. (1) In this section
"teacher" means a person who is or was a
registered teacher or has or has had a limited
authority.
(2) By notice in writing, an employer must
notify the Board about any conduct of a teacher if
(a) the conduct occurred while the teacher
was employed, or engaged, by the
employer to teach; and
(b) the employer believes that the conduct
indicates
(i) that the teacher is not of good
character; or
(ii) that the teacher is not fit to teach.
Section 20 amended (Inquiries)
17. Section 20(3) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "resigned" and
substituting "resigned, or retired,";
(b) by omitting from paragraph (e) "character."
and substituting "character; or";
(c) by inserting the following paragraph after
paragraph (e):
(f) the person is no longer fit to teach.
11
s. 18 No. Teachers Registration Amendment 2004
Section 24A inserted
18. Before section 25 of the Principal Act, the following
section is inserted in Part 5:
Right of person to be heard
24A. (1) The Board is to give a person an
opportunity to appear before it if the Board believes
that it may not be satisfied that the person is of good
character or is fit to teach.
(2) A person may appear before the Board
accompanied by any other person.
Section 27A inserted
19. After section 27 of the Principal Act, the following
section is inserted in Part 5:
Information may be given to like body
27A. (1) The Board may disclose to a person
responsible for the registration of teachers in
another State information it has about, or arising
from, any of the following matters:
(a) an application for registration as a
teacher;
(b) a teacher's registration;
(c) action taken by the Board in relation to
a registered teacher.
(2) In disclosing information under
subsection (1), the Board does not contravene an
obligation not to disclose the information, whether
imposed by an Act or by another rule of law.
12
2004 Teachers Registration Amendment No. s. 20
Section 31 amended (Notice of dismissal and
resignation)
20. Section 31(b) of the Principal Act is amended as
follows:
(a) by omitting "resignation" first occurring and
substituting "resignation or retirement";
(b) by inserting "or retirement" after "after the
resignation".
Section 32 amended (Annual returns)
21. Section 32 of the Principal Act is amended by omitting
"teaching" and substituting "employed or engaged to
teach".
Section 37 amended (Replacement certificates)
22. Section 37 of the Principal Act is amended as follows:
(a) by omitting "certificate" second occurring and
substituting "notice";
(b) by omitting "that the original certificate is lost
or misplaced" and substituting "that there is
good reason for the replacement".
Section 39 amended (Regulations)
23. Section 39 of the Principal Act is amended as follows:
(a) by omitting from subsection (2)(d) "and limited
authorities";
13
s. 23 No. Teachers Registration Amendment 2004
(b) by inserting the following paragraph after
paragraph (d) in subsection (2):
(da) any annual fees relating to limited
authorities; and
(c) by inserting the following subsection after
subsection (3):
(3A) A fee imposed by the regulations
may be imposed so as to apply differently
according to matters, limitations or
restrictions, whether as to time, circumstance
or otherwise, specified in the regulations.
14 Government Printer, Tasmania