EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.6.18A Reinstatement of registration in certain circumstances

EDUCATION AND TRAINING REFORM ACT 2006 - SECT 2.6.18A

    (1)     A person may apply for reinstatement of their registration, including non-practising registration, as a teacher or an early childhood teacher under this section if—

        (a)     the person's registration is no longer in force in accordance with—

              (i)     section 2.6.17(1); or

              (ii)     section 2.6.11(4); or

              (iii)     section 2.6.12F(4); and

        (b)     the person did not apply for their registration to be renewed under section 2.6.18(1) or (2); and

        (c)     an application for reinstatement of the person's registration is made under this section within 12 months after the registration has expired under section 2.6.17(1), 2.6.11(4) or 2.6.12F(4); and

        (d)     special circumstances exist that led to the person not applying for a renewal of registration under section 2.6.18(1) or (2).

S. 2.6.18A(1A) inserted by No. 6/2024 s. 15(1).

    (1A)     A person may apply for reinstatement of their registration under this section if their registration expires after their registration is suspended in any of the following circumstances—

        (a)     the person is suspended under Division 8, and that suspension is revoked under section 2.6.27F(1)(a);

        (b)     the person is suspended under Division 8A, and that suspension is revoked under section 2.6.28G(1);

        (c)     following a request for suspension of their registration by the person, the person and Institute agree to the suspension under section 2.6.29A and that suspension is subsequently revoked under section 2.6.29B;

        (d)     the person's registration is suspended by agreement following a recommendation made under section 2.6.34(1)(b) or (c) and that suspension is subsequently revoked in accordance with that agreement.

S. 2.6.18A(2) amended by No. 6/2024 s. 15(2)(a).

    (2)     An applicant's application for reinstatement of registration under subsection (1) or (1A) must—

        (a)     be in the form approved by the Institute; and

        (b)     be accompanied by—

              (i)     evidence satisfactory to the Institute that the applicant has maintained an appropriate level of professional practice in the preceding period of registration; and

              (ii)     details of any information required by section 2.6.57; and

              (iii)     the application fee fixed by the Minister; and

              (iv)     a statement specifying the reasons why the applicant was unable to apply for renewal of their registration; and

S. 2.6.18A (2)(c) amended by No. 6/2024 s. 15(2)(b).

        (c)     include or be accompanied by any other information or material required by section 2.6.18B to enable the Institute to conduct checks in respect of the applicant; and

S. 2.6.18A (2)(d) inserted by No. 6/2024 s. 15(2)(c).

        (d)     in the case of an application made under subsection (1A), be made no later than 6 months after the applicant's registration expires.

    (3)     An applicant for reinstatement of registration must comply with a request made by the Institute under section 2.6.18C.

    (4)     The Institute must conduct a national criminal history check on the applicant in considering an application for reinstatement of registration under this section.

    (5)     The Institute may have regard to a finding that the applicant has committed reportable conduct and the reasons for the finding under Part 5A of the Child Wellbeing and Safety Act 2005 in considering an application for reinstatement of registration under this section.

    (6)     If the Institute reinstates the applicant's registration as a teacher or early childhood teacher, the Institute must determine whether the registration is a grant of non-practising registration.

S. 2.6.18B inserted by No. 10/2021 s. 15.