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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Western Australian College of Teaching
Bill 2003
CONTENTS
Part 1 -- Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Crown bound 4
Part 2 -- Western Australian College of
Teaching
Division 1 -- Establishment of College
5. College established 5
6. College not an agent of the Crown 5
Division 2 -- Board of management
7. Board of management 5
8. Functions of Board 5
9. Membership of Board 6
10. Constitution and proceedings 8
11. Remuneration and allowances 8
12. Meetings and minutes of meetings 8
13. Committees 9
Division 3 -- Relationship of College with the
Minister
14. College to give regard to advice of Minister 11
15. Minister to have access to information 11
Division 4 -- Functions and powers
16. Functions 12
17. Powers 13
18. Delegation by College 14
219--3 page i
Western Australian College of Teaching Bill 2003
Contents
Division 5 -- Director and other staff
19. Director 14
20. Role of the Director 15
21. Staff, etc. 15
22. Use of government staff and facilities 15
Division 6 -- General
23. Protection from liability 16
24. Duty not to make improper use of information 16
25. Common seal and execution of documents by College 17
Part 3 -- Financial provisions
26. Funds of the College 18
27. Accounts 18
28. Audit 18
29. Annual report and other reports 19
Part 4 -- Membership of the College
Division 1 -- Persons who may teach in schools
30. Persons who may teach in schools 21
31. Persons who may be employed, engaged or given
permission to teach in schools 21
Division 2 -- Registered teachers
32. Provisional registration as a teacher 21
33. Requirements for provisional registration as a teacher 22
34. Registration as a teacher 22
35. Requirements for registration as a teacher 23
Division 3 -- Limited authority to teach
36. Limited authority to teach 24
37. Requirements for limited authority to teach 24
Division 4 -- Associate membership of the College
38. Associate membership of the College 25
39. Requirements for associate membership of the
College 26
Division 5 -- Applications
40. Applications 26
41. Renewal of membership of the College 27
42. Information in support of applications 27
43. Imposition and removal of conditions 28
44. Entitlement of applicant to make submissions 28
page ii
Western Australian College of Teaching Bill 2003
Contents
45. Notification of outcome of application 29
Division 6 -- Annual fees
46. Annual fees 29
Division 7 -- Register
47. Register of teachers to be kept 30
48. Inspection of register 30
Part 5 -- Certain information to be
given to College
Division 1 -- College to be notified about certain
matters
49. DPP or Commissioner of Police to notify College
about committal, conviction etc. of teachers 31
50. Employer to notify College about suspension or
dismissal of teacher from school 32
51. Member to notify College about certain legal actions 33
52. Member to notify College about loss of qualifications 33
Division 2 -- Criminal record checks
53. College may request consent to undertake a criminal
record check 34
54. Criminal record check 34
Part 6 -- Cancellation of membership
in certain instances
55. Membership to be cancelled where sexual offence
involving a child has occurred 36
56. Membership may be cancelled where certain
registration requirements not complied with 37
57. Membership to be cancelled where consent to
undertake criminal record check not given to College
as requested 38
58. Effect of cancellation of membership of College 38
59. Notification to be given of cancellation of
membership 38
Part 7 -- Disciplinary proceedings
Division 1 -- Preliminary
60. Interpretation 39
page iii
Western Australian College of Teaching Bill 2003
Contents
61. Inappropriate and trivial complaints 39
Division 2 -- Disciplinary action
62. Disciplinary action may be ordered for unprofessional
conduct 39
63. Unprofessional conduct 40
64. Disciplinary actions 40
Division 3 -- Inquiries
65. College or committee to conduct inquiry 41
66. Notice to be given to affected person and attendance
of affected person 41
67. Inquiry open to public 42
68. Procedure and evidence 42
69. Rights of affected person as to evidence and witnesses 43
70. Evidence and findings in other proceedings 43
71. Representation at inquiry 43
72. Powers of inquiry 44
73. Notification of findings 45
74. Record of inquiry 45
75. Publication of adverse findings 46
Division 4 -- Offences relating to inquiries
76. Failure to comply with notice under section 72 46
77. Disruption of inquiry 47
Division 5 -- Miscellaneous
78. Cancellation of conditions 47
79. Suspension 47
80. Publication of proceedings etc. 48
Part 8 -- Review of certain decisions
81. Review 49
Part 9 -- Miscellaneous
82. False or misleading information 50
83. Pretending to be entitled to teach in a school 51
84. Legal proceedings 51
85. Rules 53
86. Regulations 54
87. Forms may be approved 54
88. Consequential amendments 54
89. Transitional provisions 55
page iv
Western Australian College of Teaching Bill 2003
Contents
90. Review of Act 55
Schedule 1 -- Constitution and
proceedings of Board 56
Division 1 -- General provisions 56
1. Meaning of "member" 56
2. Term of office 56
3. Vacancy in the office of an elected member 56
4. Resignation, removal etc. 57
5. Chairperson and deputy chairperson 57
6. Leave of absence 57
7. Calling of meetings 58
8. Presiding officer 58
9. Voting 58
10. Minutes 58
11. Resolution without meeting 58
12. Telephone or video meetings 59
13. Board to determine its own procedures 59
14. Interim Board members 59
Division 2 -- Disclosure of interests etc. 59
15. Disclosure of interests 59
16. Voting by interested members 59
17. Clause 16 may be declared inapplicable 60
18. Quorum where clause 16 applies 60
Schedule 2 -- Sexual offences 61
Schedule 3 -- Consequential
amendments 63
1. Constitution Acts Amendment Act 1899 amended 63
2. Sentencing Act 1995 amended 63
Schedule 4 -- Transitional provisions 64
1. Interpretation of Schedule 64
2. Teachers currently teaching 64
3. Teachers not currently teaching 64
4. Notice to be given to teacher 65
5. Renewal of registration gained under this Schedule
(approved qualification not necessary) 65
page v
Western Australian College of Teaching Bill 2003
Contents
6. Review of decision of the College 65
7. Applications under this Schedule 66
8. Sections 30, 31 and 83 not to apply to current teachers
for a period of time 66
Defined Terms
page vi
Western Australia
LEGISLATIVE ASSEMBLY
(As amended in committee)
Western Australian College of Teaching
Bill 2003
A Bill for
An Act to --
· establish the Western Australian College of Teaching;
· provide for membership of that College;
· recognise, promote and regulate the teaching profession in
Western Australia;
· consequentially amend certain Acts,
and for related purposes.
The Parliament of Western Australia enacts as follows:
page 1
Western Australian College of Teaching Bill 2003
Part 1 Preliminary
s. 1
Part 1 -- Preliminary
1. Short title
This Act may be cited as the Western Australian College of
Teaching Act 2003.
5 2. Commencement
This Act comes into operation on a day fixed by proclamation.
3. Interpretation
(1) In this Act, unless the contrary intention appears --
"application" means an application for --
10 (a) membership of the College;
(b) the renewal of membership of the College; or
(c) the variation of information specified on a limited
authority to teach under section 36(2)(b);
"associate member of the College" means a person referred to
15 in section 38;
"Board" means the Board established under section 7;
"College" means the Western Australian College of Teaching
established under section 5;
"committee" means a committee established by the College
20 under section 13;
"criminal record check" means information provided by the
Australian Federal Police, the Police Force of a State or
Territory, or another body or agency prescribed by the
regulations, regarding the criminal convictions of a person
25 for offences under the law of the Commonwealth or a State
or Territory;
"Director" means the Director of the College appointed under
section 19;
"disciplinary action" means an action referred to in section 64;
page 2
Western Australian College of Teaching Bill 2003
Preliminary Part 1
s. 3
"inquiry" means an inquiry under Part 7;
"limited authority to teach" means an authority referred to in
section 36;
"member of the Board" means a member of the Board
5 appointed or elected under section 9;
"member of the College" means a person who --
(a) is registered as a teacher;
(b) is provisionally registered as a teacher;
(c) holds a limited authority to teach; or
10 (d) is an associate member of the College;
"provisional registration" means provisional registration as a
teacher under section 32;
"register" means the register referred to in section 47;
"registered teacher" means a person who is registered or
15 provisionally registered;
"registration" means registration as a teacher under section 34;
"rules" means rules made under section 85;
"teaching" means undertaking duties in a school that include --
(a) the delivery of an educational programme designed to
20 implement the curriculum framework approved under
the Curriculum Council Act 1997 and the assessment
of student participation in such an educational
programme; or
(b) the administration of any such educational
25 programme,
but does not include duties of the kind undertaken by --
(c) a teacher's aide, a teacher's assistant or a student
teacher; or
(d) an unpaid volunteer, unless the volunteer is
30 undertaking duties in a school of a kind, or to an
extent, prescribed by the regulations for the purposes
of this paragraph;
page 3
Western Australian College of Teaching Bill 2003
Part 1 Preliminary
s. 4
"unprofessional conduct" means conduct referred to in
section 63.
(2) A word or expression used in this Act has the same meaning as
it has in the School Education Act 1999 unless --
5 (a) this Act gives it another meaning; or
(b) the contrary intention appears in some other way.
4. Crown bound
(1) This Act binds the Crown in right of the State.
(2) Nothing in this Act renders the Crown liable to be prosecuted
10 for an offence under this Act.
(3) Subsection (2) does not affect any liability of any officer,
employee or agent of the Crown to be prosecuted for an offence.
page 4
Western Australian College of Teaching Bill 2003
Western Australian College of Teaching Part 2
Establishment of College Division 1
s. 5
Part 2 -- Western Australian College of Teaching
Division 1 -- Establishment of College
5. College established
(1) The Western Australian College of Teaching is established.
5 (2) The College --
(a) is a body corporate;
(b) has perpetual succession and a common seal; and
(c) may sue and be sued in its corporate name.
6. College not an agent of the Crown
10 The College does not represent, and is not an agent of, the
Crown.
Division 2 -- Board of management
7. Board of management
(1) The College is to have a board of management.
15 (2) The Board is to have 19 members comprising --
(a) 9 people appointed to the Board in writing by the
Minister under section 9; and
(b) 10 people elected to the Board under section 9.
8. Functions of Board
20 (1) The Board is the governing body of the College.
(2) The Board, in the name of the College, is to perform the
functions, determine the policies and control the affairs of the
College.
page 5
Western Australian College of Teaching Bill 2003
Part 2 Western Australian College of Teaching
Division 2 Board of management
s. 9
9. Membership of Board
(1) The Minister is to appoint 9 members to the Board of whom --
(a) one is to be nominated by the chief executive officer of
the Department referred to in section 228 of the School
5 Education Act 1999;
(b) one is to be nominated by the Catholic Education
Commission of Western Australia;
(c) one is to be nominated by the Association of
Independent Schools of Western Australia;
10 (d) 2 are to be nominated jointly by --
(i) the chief executive officer of Curtin University
of Technology;
(ii) the chief executive officer of Edith Cowan
University;
15 (iii) the Vice-Chancellor of Murdoch University;
(iv) the Vice-Chancellor of the University of Notre
Dame Australia; and
(v) the Vice-Chancellor of the University of Western
Australia;
20 (e) one is to be nominated by the Independent Schools
Salaried Officers' Association of Western Australia,
Industrial Union of Workers;
(f) one is to be nominated by the State School Teachers'
Union of WA (Inc.);
25 (g) one is to be nominated by the Western Australian
Council of State School Organisations (Inc.); and
(h) one is to be nominated by the Parents and Friends'
Federation of Western Australia (Inc.).
(2) There is to be elected 10 members to the Board of whom --
30 (a) 7 are to be --
(i) registered teachers, each of whom teaches at a
government school; and
page 6
Western Australian College of Teaching Bill 2003
Western Australian College of Teaching Part 2
Board of management Division 2
s. 9
(ii) elected by registered teachers, each of whom
teaches at a government school;
(b) 2 are to be --
(i) registered teachers, each of whom teaches at a
5 school that is part of a school system the
governing body of which is the Catholic
Education Commission of Western Australia;
and
(ii) elected by registered teachers, each of whom
10 teaches at a school that is part of that school
system;
and
(c) one is to be --
(i) a registered teacher who teaches at a school other
15 than a school referred to in paragraph (a) or (b);
and
(ii) elected by registered teachers, each of whom
teaches at a school other than a school referred to
in paragraph (a) or (b).
20 (3) If, within 30 days of a request to do so, a person or persons, or a
body referred to in subsection (1) fails to nominate a person for
appointment in accordance with that request the Minister may
make an appointment for the purpose of that provision as the
Minister thinks fit.
25 (4) A person may not vote more than once at any election.
(5) The election of members under subsection (2) is to be
conducted by the Electoral Commissioner, appointed under the
Electoral Act 1907, in accordance with the rules.
(6) The expenses incurred by the Electoral Commissioner in
30 conducting an election in accordance with this section are to be
met by the College.
(7) Each member of the Board is to be a natural person.
page 7
Western Australian College of Teaching Bill 2003
Part 2 Western Australian College of Teaching
Division 2 Board of management
s. 10
(8) The Director is not to be a member of the Board.
(9) Each appointment under subsection (1) and each election under
subsection (2) is to be for 3 years.
10. Constitution and proceedings
5 Schedule 1 has effect with respect to the constitution and
proceedings of the Board.
11. Remuneration and allowances
(1) A member of the Board or of a committee is to be paid out of
the funds of the College such remuneration and allowances as
10 are determined by the Minister on the recommendation of the
Minister for Public Sector Management.
(2) The College may pay out of the funds of the College such
amount as is reasonable to meet the costs of providing a teacher
to teach in place of a member of the Board or of a committee
15 who is a teacher while that member is attending a meeting of the
Board or of the committee during school hours.
(3) Either --
(a) remuneration; or
(b) payment under subsection (2),
20 may be paid in respect of a meeting attended by a member of
the Board, or a committee, but not both.
12. Meetings and minutes of meetings
(1) Subject to this section, every meeting of the Board is to be open
to members of the College.
25 (2) Despite subsection (1) --
(a) the Board may of its own initiative order that in any
particular case a meeting, or part of a meeting, of the
Board is to be closed to members of the College (other
than Board members); and
page 8
Western Australian College of Teaching Bill 2003
Western Australian College of Teaching Part 2
Board of management Division 2
s. 13
(b) where a meeting of the Board concerns disciplinary
action or an inquiry, the person to whom the disciplinary
action or inquiry relates may request that the meeting, or
part of the meeting, be closed.
5 (3) The Board is to consider a request under subsection (2)(b) and
may order that the meeting, or part of the meeting, be closed if it
is of the opinion that such an order is in the best interests of the
parties involved or is in the public interest.
(4) The minutes of a meeting of the Board are to be open for
10 inspection at its principal place of business by members of the
College during normal office hours without fee, other than
minutes relating to --
(a) a disciplinary action or an inquiry;
(b) a matter determined to be confidential under
15 subsection (6); or
(c) a meeting, or part of a meeting, that the Board ordered
be closed under subsection (2)(a) or (3).
(5) A member of the College may, on payment of the fee prescribed
by the regulations, if any, obtain a copy of any minutes of the
20 Board available for inspection under subsection (4).
(6) The Board may determine that a matter is confidential if it
considers that its disclosure is likely to infringe the reasonable
privacy of any person.
13. Committees
25 (1) The College --
(a) may from time to time establish committees; and
(b) is to establish a committee to hold an inquiry when so
required under Part 7 Division 3.
(2) The College is to --
30 (a) determine the functions, membership, and constitution
of a committee; and
page 9
Western Australian College of Teaching Bill 2003
Part 2 Western Australian College of Teaching
Division 2 Board of management
s. 13
(b) appoint any members of the Board or any other persons
as it thinks fit to be members of a committee.
(3) Each member of a committee is to be a natural person.
(4) The College may remove a person from membership of a
5 committee and may reconstitute or discharge a committee.
(5) The College may give directions to a committee, other than a
committee established to hold an inquiry, with respect to the
performance of its functions and the committee is to comply
with any such direction.
10 (6) A committee must cause accurate minutes of each of its
meetings to be recorded and preserved.
(7) Subject to this Act, a committee may determine its own
procedures.
(8) A person with special knowledge or experience may be invited
15 to act in an advisory capacity to a committee if the committee is
of the opinion that the person will assist the committee in the
performance of its functions and the College has approved the
invitation.
(9) Every committee is to submit an annual report to the College as
20 soon as is practicable after 31 March in each year in respect of
the functions performed by the committee during the year that
ended on that day.
(10) Schedule 1 Division 2 applies in respect of a committee as if --
(a) a reference in that Division to the Board were a
25 reference to the committee;
(b) a reference in that Division to a member were a
reference to a member of the committee; and
(c) in clause 18(1) the words "at least 8 members are
present" were substituted for "the number of members
30 present is equal to at least one half of the members".
page 10
Western Australian College of Teaching Bill 2003
Western Australian College of Teaching Part 2
Relationship of College with the Minister Division 3
s. 14
Division 3 -- Relationship of College with the Minister
14. College to give regard to advice of Minister
(1) The College must give due regard to any advice given by the
Minister in relation to the exercise of its powers and the
5 performance of its functions.
(2) The text of any written advice given under subsection (1) is to
be included in the annual report of the College under section 29.
15. Minister to have access to information
(1) The Minister is entitled --
10 (a) to have information in the possession of the College;
and
(b) where the information is in or on a document, to have,
and make and retain copies of, that document.
(2) For the purposes of subsection (1) the Minister may --
15 (a) request the College to furnish information to the
Minister;
(b) request the College to give the Minister access to
information; and
(c) for the purposes of paragraph (b) make use of the staff
20 of the College to obtain the information and furnish it to
the Minister.
(3) The College is to comply with a request under subsection (2)
and make its facilities and staff available to the Minister for the
purposes of subsection (2)(c).
25 (4) The Minister is not entitled to have information under this
section in a form that --
(a) discloses the identity of a person involved in a particular
application, complaint, proceeding or inquiry; or
page 11
Western Australian College of Teaching Bill 2003
Part 2 Western Australian College of Teaching
Division 4 Functions and powers
s. 16
(b) might enable the identity of any such person to be
ascertained,
unless that person has consented to the disclosure.
(5) In this section --
5 "document" includes any tape, disc or other device or medium
on which information is recorded or stored;
"information" means information specified, or of a description
specified, by the Minister that relates to the functions of the
College.
10 Division 4 -- Functions and powers
16. Functions
The functions of the College are --
(a) to enhance the status of the teaching profession by
facilitating the professional growth and development of
15 teachers throughout their careers;
(b) to establish and promote professional standards and
values relating to teaching in schools;
(c) to provide and foster professional leadership within the
teaching profession;
20 (d) to identify areas of priority for research in relation to
teaching and education in schools and the education of
teachers and, where appropriate, to promote, subsidise
or conduct such research;
(e) to confer and collaborate with persons who employ or
25 engage teachers, teacher education institutions, the
teaching profession, teacher organisations and the
general community in relation to standards of courses of
teacher education acceptable for the purpose of teacher
registration and to provide advice on this to the
30 Minister;
page 12
Western Australian College of Teaching Bill 2003
Western Australian College of Teaching Part 2
Functions and powers Division 4
s. 17
(f) to promote and encourage --
(i) the continuing education of teachers in the
practice of teaching; and
(ii) increased levels of skill, knowledge and
5 competence in the practice of teaching;
(g) to encourage and facilitate diversity, flexibility and
responsiveness in the education of teachers;
(h) to advise the Minister on matters to which this Act
relates;
10 (i) to administer the scheme of registration under Part 4;
and
(j) to perform --
(i) the disciplinary and other functions that are
conferred on the College by this Act; and
15 (ii) any functions conferred on the College by any
other Act.
17. Powers
(1) The College may do all things that are necessary or convenient
to be done for, or in connection with, its functions.
20 (2) The College may not acquire, hold or dispose of real property
other than premises used, or to be used, by it as office premises.
(3) Without limiting subsection (1), the College may, for the
purpose of performing a function --
(a) conduct courses for the professional education and
25 development of teachers;
(b) conduct research and produce and publish information;
and
(c) develop and turn to account any technology, software or
other intellectual property that relates to the function,
30 and, for that purpose, apply for, hold, exploit and
page 13
Western Australian College of Teaching Bill 2003
Part 2 Western Australian College of Teaching
Division 5 Director and other staff
s. 18
dispose of any patent, patent rights, copyright or similar
rights.
18. Delegation by College
(1) The College may delegate to the Director any power or duty of
5 the College other than --
(a) this power of delegation; or
(b) the conduct of an inquiry.
(2) The delegation must be in writing executed by the College.
(3) A person to whom a power or duty is delegated under this
10 section cannot delegate that power or duty.
(4) A person exercising or performing a power or duty that has been
delegated to the person under this section, is to be taken to do so
in accordance with the terms of the delegation unless the
contrary is shown.
15 (5) Nothing in this section limits the ability of the College to
perform a function through a member of its staff or an agent.
Division 5 -- Director and other staff
19. Director
(1) There is to be a director of the College.
20 (2) The College may --
(a) appoint, and remove, a person as Director; and
(b) fix and alter the terms and conditions of service of the
Director.
(3) The College may appoint a person to act in the place of the
25 Director while --
(a) the Director is unable to act by reason of sickness,
absence or other cause; or
page 14
Western Australian College of Teaching Bill 2003
Western Australian College of Teaching Part 2
Director and other staff Division 5
s. 20
(b) there is a vacancy in the office of Director,
and, while so acting, the person is taken to be the Director.
(4) An act or omission of a person acting in the place of the
Director under an appointment under subsection (3) is not to be
5 questioned on the ground that the occasion for his or her acting
had not arisen or had ceased.
20. Role of the Director
Subject to the control of the College, the Director is responsible
for, and has all the powers needed to administer, the day to day
10 operations of the College.
21. Staff, etc.
(1) The College may engage persons under contracts for services to
provide such professional, technical or other assistance as it
considers necessary for the performance of its functions.
15 (2) The College may engage persons under contracts of service or
other arrangements with respect to --
(a) conducting research or courses;
(b) producing and publishing information; or
(c) providing any professional, technical or other assistance,
20 that the College considers necessary to enable it to perform its
functions.
22. Use of government staff and facilities
(1) The College may by arrangement with the relevant employer
make use, either full-time or part-time, of the services of any
25 officer or employee --
(a) in the Public Service;
(b) in a State agency or instrumentality; or
(c) otherwise in the service of the Crown in right of the
State.
page 15
Western Australian College of Teaching Bill 2003
Part 2 Western Australian College of Teaching
Division 6 General
s. 23
(2) The Board may by arrangement with --
(a) a department of the Public Service; or
(b) a State agency or instrumentality,
make use of any facilities of the department, agency or
5 instrumentality.
(3) An arrangement under subsection (1) or (2) is to be made on
such terms as are agreed to by the parties.
Division 6 -- General
23. Protection from liability
10 (1) An action in tort does not lie against a person for anything that
the person has, in good faith, done in the performance or
purported performance of a function under this Act.
(2) The College is also relieved of any liability it might otherwise
have had for another person having done anything as described
15 in subsection (1).
(3) The protection given by this section applies even though the
thing described in subsection (1) may have been capable of
being done whether or not this Act had been enacted.
(4) In this section, a reference to the doing of anything includes a
20 reference to an omission to do anything.
24. Duty not to make improper use of information
A member or former member of the Board or a committee must
not, whether within or outside the State, make improper use of
information acquired by virtue of his or her position as such to
25 gain, directly or indirectly, an advantage for himself or herself
or for any other person.
Penalty: $10 000.
page 16
Western Australian College of Teaching Bill 2003
Western Australian College of Teaching Part 2
General Division 6
s. 25
25. Common seal and execution of documents by College
(1) A document is duly executed by the College if --
(a) the common seal of the College is affixed in accordance
with subsections (2) and (3); or
5 (b) it is signed on behalf of the College by a member, or
members, of the Board authorised by the College to do
so.
(2) The common seal of the College is not to be affixed to a
document except as authorised by the College.
10 (3) The common seal of the College is to be affixed to a document
in the presence of any 2 members of the Board and each of them
is to sign the document to attest that the common seal was so
affixed.
(4) The common seal of the College is --
15 (a) to be in a form determined by the College;
(b) to be kept in such custody as the College directs; and
(c) not to be used except as authorised by the College.
(5) A document purporting to be executed in accordance with this
section is to be presumed to be duly executed until the contrary
20 is shown.
(6) When a document is produced bearing a seal purporting to be
the common seal of the College, it is to be presumed that the
seal is the common seal of the College until the contrary is
shown.
25 (7) All courts and persons acting judicially are to take notice of the
common seal of the College.
page 17
Western Australian College of Teaching Bill 2003
Part 3 Financial provisions
s. 26
Part 3 -- Financial provisions
26. Funds of the College
(1) The funds of the College consist of --
(a) fees received by the College; and
5 (b) other money or property lawfully received by, made
available to or payable to the College in the performance
of its functions.
(2) The funds of the College may be applied --
(a) for the purposes of the administration and enforcement
10 of this Act, including the remuneration of, and
allowances payable to, members of the Board and
committees and the Director and other members of staff;
(b) for the furtherance of education and research in relation
to teaching and the education of teachers; and
15 (c) for any other purpose which would enable the College to
perform its functions or to facilitate the carrying out of
the objects of this Act.
27. Accounts
(1) The College is to cause to be kept proper accounts and records
20 of the transactions and affairs of the College and is to prepare
financial statements in accordance with Australian Accounting
Standards.
(2) The financial statements are to be prepared on an accrual basis
unless the College determines otherwise.
25 28. Audit
The accounts and financial statements of the College are to be
audited at least once a year, at the expense of the College, by a
registered company auditor (as defined in paragraph (a) of the
definition of that term in the Corporations Act 2001 of the
page 18
Western Australian College of Teaching Bill 2003
Financial provisions Part 3
s. 29
Commonwealth) appointed by the College with the prior
approval of the Minister.
29. Annual report and other reports
(1) The College, not later than 31 July in each year, is to make and
5 submit to the Minister an annual report of its activities for the
preceding year ending on 31 March together with a copy of its
financial statements for that year and the auditor's report on
those statements.
(2) The identity of a person who has made a complaint under the
10 Act or an affected person, within the meaning of section 60,
must not be disclosed in an annual report.
(3) The annual report of the College is to include details of --
(a) the success with which the College has performed its
functions set out in section 16;
15 (b) the number, nature, and outcome, of --
(i) investigations and inquiries undertaken by, or at
the direction of, the College; and
(ii) matters that have been brought before the
District Court by the College;
20 (c) the number and nature of matters referred to in
paragraph (b) that are outstanding;
(d) any trends or special problems that have emerged;
(e) forecasts of the workload of the College in the year after
the year to which the report relates; and
25 (f) any proposals for improving the operation of the
College.
(4) The Minister is to cause a copy of the College's annual report
and financial statements and of the auditor's report submitted
under subsection (1) to be laid before each House of Parliament
30 within 14 sitting days of that House after receipt of the report by
the Minister.
page 19
Western Australian College of Teaching Bill 2003
Part 3 Financial provisions
s. 29
(5) The College is to ensure that after subsection (4) has been
complied with copies of the reports and statements referred to in
that subsection are available on request for inspection at its
premises.
page 20
Western Australian College of Teaching Bill 2003
Membership of the College Part 4
Persons who may teach in schools Division 1
s. 30
Part 4 -- Membership of the College
Division 1 -- Persons who may teach in schools
30. Persons who may teach in schools
A person must not teach in a school unless the person --
5 (a) is a registered teacher; or
(b) holds a limited authority to teach and is teaching in
accordance with that authority.
Penalty:
(a) for a first offence, $5 000;
10 (b) for a second or subsequent offence, $10 000.
31. Persons who may be employed, engaged or given permission
to teach in schools
A person must not employ, engage or give permission to a
person to teach in a school unless the person who is employed,
15 engaged or given permission --
(a) is a registered teacher; or
(b) holds a limited authority to teach and is employed,
engaged or given permission to teach in accordance with
that authority.
20 Penalty:
(a) for a first offence, $5 000;
(b) for a second or subsequent offence, $10 000.
Division 2 -- Registered teachers
32. Provisional registration as a teacher
25 (1) If satisfied that an applicant has --
(a) met the requirements regarding provisional registration
as a teacher referred to in section 33; and
page 21
Western Australian College of Teaching Bill 2003
Part 4 Membership of the College
Division 2 Registered teachers
s. 33
(b) paid the provisional registration fee, if any, prescribed
by the regulations,
then the College is to register the applicant provisionally as a
teacher.
5 (2) The provisional registration of a person as a teacher --
(a) may be issued for a period of up to 3 years after the day
on which it commences, as is approved by the College
and specified in writing given to the person; and
(b) may be renewed.
10 33. Requirements for provisional registration as a teacher
The requirements for provisional registration are that the
applicant --
(a) holds a qualification in teaching approved by the
College for provisional registration;
15 (b) has not been convicted of an offence the nature of which
renders the person unfit to be a teacher;
(c) unless the College determines otherwise in a particular
case, is proficient in the English language both written
and oral; and
20 (d) meets any other requirements prescribed by the
regulations for the purposes of this section.
34. Registration as a teacher
(1) If satisfied that an applicant has --
(a) met the requirements regarding registration as a teacher
25 referred to in section 35; and
(b) paid the registration fee, if any, prescribed by the
regulations,
then the College is to register the applicant as a teacher.
page 22
Western Australian College of Teaching Bill 2003
Membership of the College Part 4
Registered teachers Division 2
s. 35
(2) The registration of a person as a teacher --
(a) expires 5 years after the day on which it commences,
unless otherwise approved by the College in a particular
case and specified in writing given to the person; and
5 (b) may be renewed.
35. Requirements for registration as a teacher
The requirements for registration are that the applicant --
(a) holds a qualification in teaching approved by the
College for registration;
10 (b) has not been convicted of an offence the nature of which
renders the person unfit to be a teacher;
(c) has successfully completed a prescribed police criminal
record check;
(d) has achieved the standards of professional practice
15 approved by the College;
(e) unless the College determines otherwise in a particular
case, is proficient in the English language both written
and oral;
(f) within the 5 years preceding the application --
20 (i) has been teaching, whether or not on a full-time
basis, for at least one year; or
(ii) has complied with any requirements as to
professional involvement prescribed by the
regulations;
25 and
(g) meets any other requirements prescribed by the
regulations for the purposes of this section.
page 23
Western Australian College of Teaching Bill 2003
Part 4 Membership of the College
Division 3 Limited authority to teach
s. 36
Division 3 -- Limited authority to teach
36. Limited authority to teach
(1) If satisfied that an applicant has --
(a) met the requirements regarding a limited authority to
5 teach referred to in section 37; and
(b) paid the fee, if any, prescribed by the regulations in
respect of a limited authority to teach,
then the College is to issue the applicant with a limited authority
to teach.
10 (2) A limited authority to teach --
(a) may be issued for a period of up to 2 years after the day
on which it commences, as is approved by the College
and specified in the authority;
(b) is to specify --
15 (i) the school, or schools, at which the holder of the
authority is authorised to teach; and
(ii) any limitations on the subject areas or teaching
duties that apply to the holder of the authority;
and
20 (c) may be renewed.
37. Requirements for limited authority to teach
(1) The requirements for a limited authority to teach are that the
applicant --
(a) has specialist knowledge, training, skills or
25 qualifications;
(b) unless the College determines otherwise in a particular
case, is proficient in the English language both written
and oral;
page 24
Western Australian College of Teaching Bill 2003
Membership of the College Part 4
Associate membership of the College Division 4
s. 38
(c) has been offered a teaching position, or positions, at a
school or schools --
(i) for which position, or positions, a suitable
registered teacher is, or teachers are, not
5 available; and
(ii) subject to the applicant being the holder of a
limited authority to teach;
(d) has not been convicted of an offence the nature of which
renders the person unfit to be the holder of a limited
10 authority to teach; and
(e) meets any other requirements prescribed by the
regulations for the purposes of this section.
(2) On the application of the holder of a limited authority to teach
the College may vary the information specified on a limited
15 authority to teach under section 36(2)(b).
Division 4 -- Associate membership of the College
38. Associate membership of the College
(1) If satisfied that an applicant --
(a) has met the requirements regarding associate
20 membership of the College referred to in section 39; and
(b) has paid the fee, if any, prescribed by the regulations in
respect of associate membership of the College,
then the College is to accept the applicant as an associate
member of the College.
25 (2) Associate membership of the College --
(a) expires one year after the day on which it commences;
and
(b) may be renewed.
page 25
Western Australian College of Teaching Bill 2003
Part 4 Membership of the College
Division 5 Applications
s. 39
39. Requirements for associate membership of the College
The requirements for associate membership of the College are
that the applicant --
(a) holds a qualification in teaching approved by the
5 College or has made a contribution to education or
teaching recognised by the College;
(b) has not been convicted of an offence the nature of which
renders the person unfit to be a member of the College;
and
10 (c) meets any other requirements prescribed by the
regulations for the purposes of this section.
Division 5 -- Applications
40. Applications
(1) A person may apply to the College for --
15 (a) membership of the College of any of the following
categories --
(i) registration as a teacher;
(ii) provisional registration as a teacher;
(iii) limited authority to teach; or
20 (iv) associate membership of the College;
(b) the renewal of membership of the College; or
(c) the variation of information specified on a limited
authority to teach under section 36(2)(b).
(2) An application is to be --
25 (a) in writing;
(b) accompanied by evidence that the person meets the
relevant requirements of this Act;
(c) accompanied by the written consent of the applicant for
the College to undertake a criminal record check in
30 respect of the applicant; and
page 26
Western Australian College of Teaching Bill 2003
Membership of the College Part 4
Applications Division 5
s. 41
(d) accompanied by the relevant application fee, or fees, if
any, prescribed by the regulations.
(3) An application fee referred to in subsection (2)(d) is not
refundable.
5 41. Renewal of membership of the College
(1) An application for the renewal of membership of the College is
to be made to the College before the expiry of the person's
membership.
(2) The College is to give written notice of the expiry of the
10 person's membership to the person, personally or by post to the
person's last known address, at least 28 days before the
membership expires and if the College fails to give that notice
within that time, the person's membership does not expire until
28 days from the time when the College does give notice of the
15 expiry to the person.
(3) The membership of a person is to be renewed if the College is
satisfied that an applicant --
(a) continues to meet the requirements for membership set
out in section 33, 35, 37 or 39, as is relevant;
20 (b) is complying with any current condition of membership;
and
(c) in the case of the renewal of registration or provisional
registration, has undertaken such further professional
education or development requirements as are
25 prescribed by the regulations.
42. Information in support of applications
(1) An applicant is to provide the College --
(a) with such further information as the College requests in
relation to the application and, if requested by the
30 College to do so, is to verify information by statutory
declaration; and
page 27
Western Australian College of Teaching Bill 2003
Part 4 Membership of the College
Division 5 Applications
s. 43
(b) at the request of the College, with the applicant's written
consent to seek from another person or body, specified
by the College, information about the applicant relevant
to the application.
5 (2) Where it has good cause for doing so, the College may, in
writing, request an applicant to attend before the College for the
purpose of satisfying the College as to any matter relevant to an
application.
(3) The College may refuse an application if the applicant does not
10 comply with a request made under this section.
(4) In this section --
"applicant" in relation to an application for a limited authority
to teach, or for the variation of the information specified on
a limited authority to teach under section 36(2)(b), includes
15 a person who has made an offer of the teaching position at
a school specified on the application.
43. Imposition and removal of conditions
(1) The College may grant an application subject to a condition, or
conditions, relating to the practice of teaching by that person.
20 (2) A condition may not be imposed in respect of an application for
associate membership of the College.
44. Entitlement of applicant to make submissions
Before refusing an application or granting an application subject
to a condition the College is to --
25 (a) give the applicant written notice of the proposed action;
and
(b) give the applicant an opportunity to show cause why the
application should not be refused or the condition should
not be imposed.
page 28
Western Australian College of Teaching Bill 2003
Membership of the College Part 4
Applications Division 6
s. 45
45. Notification of outcome of application
(1) The College is to notify the applicant in writing of the outcome
of an application not later than 30 days after deciding on the
outcome of the application.
5 (2) If an application for membership, or renewal of membership, is
granted the notice is to contain --
(a) the category of membership granted;
(b) the period for which membership is granted;
(c) the person's membership number;
10 (d) any conditions imposed on the membership; and
(e) if conditions have been imposed, the reasons for the
imposition of the conditions and a statement that the
applicant has a right to a review under section 81.
(3) If an application is refused the notice is to contain --
15 (a) the reasons why it has not been granted; and
(b) a statement that the applicant has a right to a review
under section 81.
Division 6 -- Annual fees
46. Annual fees
20 (1) Each member of the College is to pay to the College the annual
fee, if any, prescribed.
(2) If a person does not pay any annual fee due, after reasonable
steps have been taken to remind the person to do so, the College
may cancel the person's membership of the College.
25 (3) Notice of cancellation of membership under this section is to be
given in accordance with section 59.
page 29
Western Australian College of Teaching Bill 2003
Part 4 Membership of the College
Division 7 Register
s. 47
Division 7 -- Register
47. Register of teachers to be kept
(1) The College is required to keep an accurate and up to date
register containing a list of all registered and provisionally
5 registered teachers and all persons who hold a limited authority
to teach and in respect of each person is to record --
(a) the person's name;
(b) the category of membership of the College that the
person holds;
10 (c) the person's membership number;
(d) the date of the commencement of the person's
registration, provisional registration or limited authority
to teach; and
(e) any other information prescribed by the regulations.
15 (2) The register may be wholly or partly compiled, recorded or
stored in written form or on microfilm, or by electronic or other
means or in any other form the Director considers appropriate.
48. Inspection of register
(1) The register is to be kept in the office of the Director.
20 (2) The register is to be available for inspection by members of the
public during normal office hours.
(3) A person may, on application to the Director, and on payment of
the fee prescribed by the regulations, obtain a certified copy of
the register or a particular entry in the register.
page 30
Western Australian College of Teaching Bill 2003
Certain information to be given to College Part 5
College to be notified about certain matters Division 1
s. 49
Part 5 -- Certain information to be given to College
Division 1 -- College to be notified about certain matters
49. DPP or Commissioner of Police to notify College about
committal, conviction etc. of teachers
5 (1) The Director of Public Prosecutions, or where the matter is
conducted by a police prosecutor, the Commissioner of Police,
is, where practicable, to give written notice to the College if he
or she becomes aware that any of the following situations exist
or believes, on reasonable grounds, that any of the following
10 situations exist --
(a) a teacher is charged with, or committed for trial or
sentence before any court for, an offence described in
Schedule 2;
(b) a teacher is convicted or found guilty of an indictable
15 offence in this State;
(c) in the case of a charge referred to in paragraph (a), the
charge is withdrawn or does not result in a committal for
trial or sentence, or there is an acquittal, mistrial or
presentation of nolle prosequi to a court;
20 (d) in the case of a committal referred to in paragraph (a),
there is an acquittal, mistrial or presentation of nolle
prosequi to a court.
(2) In subsection (1) --
"teacher" means a person who the Director of Public
25 Prosecutions, or the Commissioner of Police, as is relevant,
believes, on reasonable grounds --
(a) is a teacher at a school; or
(b) is, or was at any time, a member of the College.
(3) A notice under subsection (1) is to be sent as soon as practicable
30 after the person giving it becomes aware, or forms the belief,
that the relevant situation exists.
page 31
Western Australian College of Teaching Bill 2003
Part 5 Certain information to be given to College
Division 1 College to be notified about certain matters
s. 50
(4) As soon as is practicable after receiving a notice under
subsection (1) about a person the College is to --
(a) consider the notice and any other information it
considers relevant and decide whether or not --
5 (i) the membership of the person should be
cancelled under section 55; or
(ii) it is necessary to hold an inquiry,
and
(b) if the person is teaching at a school, advise the person
10 who has employed, engaged or given permission to the
person to do so of the information contained in the
notice.
50. Employer to notify College about suspension or dismissal of
teacher from school
15 (1) If an employer of a registered teacher, or a person who holds a
limited authority to teach, has suspended or dismissed that
person from teaching at a school because, in the opinion of the
employer, the person has --
(a) been seriously incompetent as a teacher; or
20 (b) engaged in serious misconduct,
the employer must give written notice to the College within
14 days after taking the action to dismiss or suspend the teacher
setting out the action taken and the reason, or reasons, for the
action.
25 Penalty: $5 000.
(2) As soon as is possible after receiving a notice under this section,
the College is to consider the notice and any other information it
considers relevant and decide if it is necessary to hold an
inquiry.
page 32
Western Australian College of Teaching Bill 2003
Certain information to be given to College Part 5
College to be notified about certain matters Division 1
s. 51
(3) In subsection (1) --
"employer", in relation to a registered teacher, or a person who
holds a limited authority to teach, means a person who has
employed, engaged or given permission to the person to
5 teach in the school.
51. Member to notify College about certain legal actions
(1) A member of the College must give written notice to the
College within 14 days after --
(a) being ordered to pay damages or compensation as a
10 result of civil proceedings arising out of the practice of
teaching or arising from events which occurred while
the person was --
(i) employed, engaged or given permission to teach
in a school; and
15 (ii) in a school;
or
(b) being convicted of an offence the statutory penalty for
which is, or includes, imprisonment,
setting out details of the order or conviction.
20 Penalty: $5 000.
(2) As soon as is possible after receiving a notice under this section,
the College is to consider the notice and any other information it
considers relevant and decide whether or not --
(a) the membership of the person should be cancelled under
25 section 55; or
(b) it is necessary to hold an inquiry.
52. Member to notify College about loss of qualifications
(1) A member of the College must give written notice to the
College within 14 days after a qualification that enabled the
30 person to gain membership is withdrawn or cancelled by the
body that conferred the qualification.
Penalty: $5 000.
page 33
Western Australian College of Teaching Bill 2003
Part 5 Certain information to be given to College
Division 2 Criminal record checks
s. 53
(2) As soon as is possible after receiving a notice under this section
the College is to consider the notice and any other information it
considers relevant and decide whether or not --
(a) the membership of the person should be cancelled under
5 section 56(1)(b); or
(b) it is necessary to hold an inquiry.
Division 2 -- Criminal record checks
53. College may request consent to undertake a criminal record
check
10 (1) The College may request, by notice in writing given to a
member, that the member provide written consent for the
College to undertake a criminal record check in respect of the
member.
(2) Notice to a member under subsection (1) is to state that the
15 consent is to be given to the College within 14 days of the
notice being given, or such later time as is specified in the
notice.
(3) If consent for the College to undertake a criminal record check
is not given to the College by a member within the time stated
20 in a notice given to the member under subsection (1) then the
College is to give a further notice in the form prescribed in the
regulations to the member informing him or her that the
person's membership of the College may be cancelled under
section 57 unless the consent is given to the College within
25 7 days, or such later time as is stated in that notice.
54. Criminal record check
(1) The College may undertake a criminal record check on a person
who has given written consent for the College to do so.
(2) As soon as is possible after receiving a criminal record check
30 the College is to consider the criminal record check and any
page 34
Western Australian College of Teaching Bill 2003
Certain information to be given to College Part 5
Criminal record checks Division 2
s. 54
other information it considers relevant and decide whether or
not --
(a) the membership of the person should be cancelled under
section 55; or
5 (b) it is necessary to hold an inquiry.
page 35
Western Australian College of Teaching Bill 2003
Part 6 Cancellation of membership in certain instances
s. 55
Part 6 -- Cancellation of membership in
certain instances
55. Membership to be cancelled where sexual offence involving
a child has occurred
5 (1) The College is to cancel the membership of a person as soon as
possible after the College becomes aware that the person has
been convicted or found guilty of a sexual offence involving a
child.
(2) The membership of the person is to remain cancelled during an
10 appeal from the conviction or finding.
(3) If a conviction or finding is quashed or overturned on appeal,
subsection (1) ceases to apply in respect of the conviction or
finding.
(4) This section applies whether the person is convicted or found
15 guilty of the offence in this State or elsewhere.
(5) Notice of cancellation of membership under this section is to be
given in accordance with section 59.
(6) In this section --
"child" means a person who has not attained the age of
20 18 years;
"sexual offence" means any of the following --
(a) an offence the necessary elements of which are --
(i) a sexual assault of a child; or
(ii) a person involving the child in a sexual
25 activity with that person or another person in
which the child is used, directly or indirectly,
as a sexual object by the first-mentioned
person or the other person, and where there is
unequal power in the relationship between the
30 child and the first-mentioned person;
(b) an offence described in Schedule 2;
page 36
Western Australian College of Teaching Bill 2003
Cancellation of membership in certain instances Part 6
s. 56
(c) an offence prescribed in the regulations for the
purposes of this paragraph;
(d) an offence of attempting to commit an offence
referred to in paragraph (a), (b) or (c).
5 56. Membership may be cancelled where certain registration
requirements not complied with
(1) The College may cancel the membership of a person --
(a) in respect of a person registered as a teacher under
section 34, if the College is satisfied that the person has
10 not --
(i) been teaching within the preceding 5 years,
whether or not on a full-time basis, for at least
one year; or
(ii) complied with any requirements as to
15 professional involvement prescribed by the
regulations for the purposes of section 35(f)(ii)
within that time;
or
(b) if a qualification of the person that enabled the person to
20 gain membership has been withdrawn or cancelled by
the body that conferred the qualification; or
(c) if a qualification of the person that enabled the person to
gain membership has been found to be forged or
fraudulently obtained.
25 (2) If the College proposes to cancel a person's membership under
subsection (1), the College is to give the person written notice
of the proposal and the reasons for the proposal.
(3) A notice given under subsection (2) is to state that within
28 days after the notice is given, the person to whom it is given
30 may make written representations to the College concerning the
proposal and the College is not to cancel the membership of the
person without considering any representations received within
that period.
page 37
Western Australian College of Teaching Bill 2003
Part 6 Cancellation of membership in certain instances
s. 57
(4) Notice of cancellation of membership under this section is to be
given in accordance with section 59.
57. Membership to be cancelled where consent to undertake
criminal record check not given to College as requested
5 (1) The College may cancel the membership of a person if the
person does not give to the College the person's written consent
for the College to undertake a criminal record check in
accordance with a notice under section 53(3).
(2) Notice of cancellation of membership under this section is to be
10 given in accordance with section 59.
58. Effect of cancellation of membership of College
If a person's membership of the College is cancelled under this
Act --
(a) the person ceases to be a member of the College; and
15 (b) if the person was a registered teacher or the holder of a
limited authority to teach, the person's name is to be
removed from the register.
59. Notification to be given of cancellation of membership
(1) The College is to give written notice of the cancellation of a
20 person's membership under section 46(2), 55, 56 or 57 to --
(a) the person whose membership is cancelled; and
(b) each employer of the person,
not later than 7 days after making that decision.
(2) Notice under subsection (1) is to contain a statement that the
25 applicant has a right to a review under section 81.
(3) In subsection (1) --
"employer", in relation to a person whose membership is
cancelled, means a person who, immediately before or at
the time of the cancellation, employed, engaged or gave
30 permission to the person to teach in a school.
page 38
Western Australian College of Teaching Bill 2003
Disciplinary proceedings Part 7
Preliminary Division 1
s. 60
Part 7 -- Disciplinary proceedings
Division 1 -- Preliminary
60. Interpretation
In this Part --
5 "affected person" means a person whose conduct is the subject
of disciplinary proceedings.
61. Inappropriate and trivial complaints
The College is not under a duty to deal with a complaint made
to the College about a member of the College if of the opinion
10 that the complaint --
(a) is in respect of a matter that could more appropriately be
dealt with by another person or authority;
(b) is in respect of a matter that is not within the power of
the College to deal with; or
15 (c) is vexatious, trivial, unreasonable or without substance.
Division 2 -- Disciplinary action
62. Disciplinary action may be ordered for unprofessional
conduct
(1) The College may order that disciplinary action be taken against
20 a member of the College if it has been found at an inquiry into
the conduct of that member that the member has engaged in
unprofessional conduct.
(2) The only disciplinary action that may be ordered to be taken
against an associate member of the College is the cancellation
25 of the person's membership of the College.
(3) A person who is no longer a member of the College may be
investigated or otherwise dealt with under this Part in respect of
conduct that allegedly occurred at the time the person was a
page 39
Western Australian College of Teaching Bill 2003
Part 7 Disciplinary proceedings
Division 2 Disciplinary action
s. 63
member of the College as if the person were still a member of
the College.
63. Unprofessional conduct
(1) The following conduct is unprofessional conduct --
5 (a) that a person has been convicted of an offence the nature
of which renders the person unfit to be a teacher;
(b) that a person has engaged in serious misconduct the
nature of which renders the person unfit to be a teacher;
(c) that a person has been seriously incompetent as a
10 teacher;
(d) that a person has contravened this Act; or
(e) that a person has contravened a condition of the person's
membership relating to the way he or she practises
teaching.
15 (2) For the purposes of subsection (1) --
"seriously incompetent as a teacher" includes such conduct as
is prescribed in the regulations;
"serious misconduct the nature of which renders the person
unfit to be a teacher" includes such conduct as is
20 prescribed in the regulations.
64. Disciplinary actions
The following are disciplinary actions --
(a) the imposition of a condition on the person's
membership of the College relating to the way he or she
25 practises teaching;
(b) the suspension of the person's membership of the
College for a period not exceeding 2 years;
(c) the imposition of a penalty to be paid by the person, not
exceeding $5 000;
30 (d) the cancellation of the person's membership of the
College.
page 40
Western Australian College of Teaching Bill 2003
Disciplinary proceedings Part 7
Inquiries Division 3
s. 65
Division 3 -- Inquiries
65. College or committee to conduct inquiry
(1) The College is to decide when it is necessary to hold an inquiry.
(2) The College may hold an inquiry itself or establish a committee
5 to do so.
(3) A committee established by the College to hold an inquiry has
such powers of the College under this Division as are necessary
to hold the inquiry.
(4) A committee established to hold an inquiry is to consist of at
10 least 3 people and is to include --
(a) a registered teacher; and
(b) a member of the Board.
66. Notice to be given to affected person and attendance of
affected person
15 (1) The College must give notice to an affected person before an
inquiry commences.
(2) Notice is to --
(a) specify the grounds for the inquiry;
(b) specify the time and place it intends to conduct any
20 hearing as part of an inquiry;
(c) specify, where the inquiry is to be held by a committee,
the names of the members of the committee;
(d) specify the disciplinary actions that may be taken as a
result of the inquiry; and
25 (e) contain, or be accompanied by --
(i) such information regarding; or
(ii) copies of such provisions of,
this Part of the Act as is prescribed by the regulations.
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Western Australian College of Teaching Bill 2003
Part 7 Disciplinary proceedings
Division 3 Inquiries
s. 67
(3) Notice is to be given to the affected person at least 21 days
before the inquiry commences, either personally or in any other
way prescribed by the regulations that ensures that it is received
by the affected person and results in a written record of the
5 affected person having received the notice.
(4) An inquiry may proceed in the absence of the affected person if
the College is satisfied on reasonable grounds that the affected
person was given notice under this section.
67. Inquiry open to public
10 (1) An inquiry is to be open to the public unless the College orders
that due to the special circumstances of a particular matter, all
or part of the inquiry should be closed to the public.
(2) The affected person, or a person required to appear before the
inquiry as a witness, may request that all or part of the inquiry
15 be closed to the public.
(3) The College may order that any, or all, of the following must
not be published --
(a) the name of the affected person, any person who made a
complaint relevant to the inquiry or any person who
20 gives evidence at the inquiry;
(b) any evidence given at the inquiry;
(c) the contents of any document produced at the inquiry.
(4) A person must not publish, or permit the publication of, any
information that the College has ordered under subsection (3)
25 not be published.
Penalty: $5 000.
68. Procedure and evidence
In any proceedings of an inquiry, the College --
(a) must proceed with as little formality and technicality
30 and as speedily as the requirements of this Act and
proper hearing of the matter permit;
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Western Australian College of Teaching Bill 2003
Disciplinary proceedings Part 7
Inquiries Division 3
s. 69
(b) is not bound by the rules of evidence and may inform
itself on any matter as it thinks fit; and
(c) may, subject to this Act and the rules of procedural
fairness, determine its own procedures.
5 69. Rights of affected person as to evidence and witnesses
(1) In conducting an inquiry, the College is to give the affected
person an opportunity to --
(a) call and give evidence;
(b) examine and cross examine witnesses; and
10 (c) make submissions.
(2) Subsection (1) does not apply if --
(a) the College has adopted any findings, decision,
judgment or reasons for judgment under section 70; and
(b) the affected person has been given the opportunities
15 referred to in subsection (1) by a court, tribunal or other
body referred to in that section.
70. Evidence and findings in other proceedings
For the purposes of an inquiry the College may, as it considers
proper --
20 (a) receive in evidence any transcript of evidence taken in
proceedings; or
(b) adopt any findings, decision, judgment or reasons for
judgment,
of a court, tribunal or other body constituted under the law of
25 Western Australia or any other place and draw such conclusions
of fact from those as it considers proper.
71. Representation at inquiry
(1) A party to an inquiry may --
(a) appear before the inquiry in person; or
page 43
Western Australian College of Teaching Bill 2003
Part 7 Disciplinary proceedings
Division 3 Inquiries
s. 72
(b) be represented by another person.
(2) A person who is not a certificated practitioner (within the
meaning of the Legal Practice Act 2003) is authorised --
(a) to represent a party before an inquiry; and
5 (b) to provide advice and other services for the purpose of
acting for a party in connection with an inquiry.
72. Powers of inquiry
(1) For the purposes of conducting an inquiry the College may --
(a) by written notice given to a person require the
10 attendance of the person as a witness at a time and place
specified in the notice to give evidence;
(b) by written notice given to a person require the person to
produce any document or other thing that is in the
possession or under the control of the person and is
15 relevant to the matter before the College;
(c) examine witnesses on oath or affirmation; or
(d) inspect a document or other thing produced before it.
(2) The College may --
(a) require a person who appears before the inquiry to take
20 an oath or make an affirmation; and
(b) authorise a member of the Board to administer an oath
or affirmation to the person.
(3) The College may --
(a) inspect a document or other thing produced and retain it
25 for such reasonable period as it thinks fit; and
(b) make copies of, photograph and take extracts from, the
document or any of its contents.
page 44
Western Australian College of Teaching Bill 2003
Disciplinary proceedings Part 7
Inquiries Division 3
s. 73
73. Notification of findings
(1) As soon as is practicable after the conclusion of an inquiry held
by a committee, the committee is to report its findings to the
College.
5 (2) The College must have regard to any findings of a committee
reported to the College in making a decision as to disciplinary
action that may be taken as a result of the inquiry.
(3) As soon as is practicable after --
(a) the conclusion of an inquiry; or
10 (b) where the inquiry has been held by a committee,
receiving the report of the findings of the committee,
the College is to give written notice of the findings of the
inquiry and any disciplinary action ordered by the College to be
taken against the affected person to --
15 (c) the affected person; and
(d) each employer of the affected person.
(4) Notice to the affected person under subsection (3) is to contain a
statement that the affected person has a right to a review under
section 81.
20 (5) In subsection (3)(d) --
"employer", in relation to an affected person, means a person
who employs, engages or gives permission to the person to
teach in a school.
74. Record of inquiry
25 (1) The College is to ensure that a record is kept of an inquiry.
(2) The affected person is entitled to a copy of the record of the
inquiry if he or she so requests and on payment of the cost of
making a copy of the record.
page 45
Western Australian College of Teaching Bill 2003
Part 7 Disciplinary proceedings
Division 4 Offences relating to inquiries
s. 75
75. Publication of adverse findings
(1) If the College orders that disciplinary action be taken against a
member of the College then the College is to cause to be
published, in accordance with the regulations --
5 (a) the name of the person;
(b) the nature of the finding;
(c) the disciplinary action taken, if any; and
(d) a summary of its reasons for its finding.
(2) The summary referred to in subsection (1)(d) is to include such
10 details of the evidence as the College considers helpful in
understanding the nature of the case, but the College may
withhold such details as it considers --
(a) in the interests of any complainant or witness before the
inquiry should be withheld; or
15 (b) would prejudice the interests of any person other than
the affected person.
(3) Despite subsection (1), the College is not required to comply
with that subsection if it is of the opinion that the circumstances
are of such a minor nature that publication is not warranted.
20 Division 4 -- Offences relating to inquiries
76. Failure to comply with notice under section 72
(1) A person must not, without lawful excuse, refuse or fail --
(a) to attend; or
(b) to produce a document or other thing,
25 as required by a notice under section 72(1).
(2) A person must not, without lawful excuse, refuse or fail to be
sworn or make an affirmation as required under section 72(2).
Penalty: $5 000.
page 46
Western Australian College of Teaching Bill 2003
Disciplinary proceedings Part 7
Miscellaneous Division 5
s. 77
77. Disruption of inquiry
During an inquiry a person must not --
(a) attempt to improperly influence the inquiry;
(b) wilfully insult the College, a committee or a member of
5 the College or a committee;
(c) wilfully interrupt or obstruct the proceedings of the
inquiry; or
(d) otherwise wilfully disrupt the inquiry.
Penalty: $5 000.
10 Division 5 -- Miscellaneous
78. Cancellation of conditions
(1) The College is to cancel a condition imposed under this Act if
satisfied that the person is no longer affected by the matter that
gave rise to the imposition of the condition.
15 (2) Notice of a cancellation under subsection (1) is to be given to
the person and is to specify the date from which the condition is
cancelled.
79. Suspension
(1) A person whose membership of the College is suspended is to
20 be taken not to be registered, provisionally registered or hold a
limited authority to teach, as is relevant, during the period of the
suspension.
(2) The College is to cancel a suspension imposed under this Act if
satisfied that the person is no longer affected by the matter that
25 gave rise to the imposition of the suspension.
(3) Notice of a cancellation under subsection (2) is to be given to
the person and is to specify the date from which the suspension
is cancelled.
page 47
Western Australian College of Teaching Bill 2003
Part 7 Disciplinary proceedings
Division 5 Miscellaneous
s. 80
80. Publication of proceedings etc.
(1) Without limiting the operation of section 23, no action, claim or
demand lies against a person to whom this subsection applies in
respect of the communication or publication in good faith of any
5 finding, order, reasons or decision of the College.
(2) Subsection (1) applies to --
(a) the College, any member of the College, the Director or
any member of staff of the College;
(b) any committee or any member of a committee or person
10 referred to in section 13(8);
(c) any board or authority outside the State charged with
regulating the registration and supervision of teachers or
any officer, employee or agent of the board or authority;
and
15 (d) any journalist for, or the proprietor or any person
concerned in the publication or operation of, any
newspaper or periodical or of any electronic medium.
(3) The College may notify a finding, order, reason or decision of
the College in respect of a person to --
20 (a) any person referred to in subsection (2)(c) or (d);
(b) any relevant professional association or trade union of
which the person is a member;
(c) any person who engages, employs or gives permission
to the person to teach in a school; and
25 (d) any other person who, in the opinion of the College,
should be made aware of the finding, reasons or
decision,
and may publish notice of the finding, reason or decision in the
Gazette or in such other manner as the College thinks fit.
page 48
Western Australian College of Teaching Bill 2003
Review of certain decisions Part 8
s. 81
Part 8 -- Review of certain decisions
81. Review
A person who is aggrieved by --
(a) the refusal of an application under Part 4;
5 (b) the granting of an application subject to a condition
under section 43(1);
(c) an order under section 62; or
(d) the cancellation of membership under
section 46(2), 55, 56 or 57,
10 may apply to the District Court for a review of the decision.
page 49
Western Australian College of Teaching Bill 2003
Part 9 Miscellaneous
s. 82
Part 9 -- Miscellaneous
82. False or misleading information
A person --
(a) in making an application under this Act; or
5 (b) in complying, or purporting to comply, with any
requirement made by or under this Act to provide
information,
must not --
(c) make a statement which the person knows is false or
10 misleading in a material particular;
(d) make a statement which is false or misleading in a
material particular, with reckless disregard as to whether
or not the statement is false or misleading in a material
particular;
15 (e) provide, or cause to be provided, information that the
person knows is false or misleading in a material
particular;
(f) provide, or cause to be provided, information that is
false or misleading in a material particular, with reckless
20 disregard as to whether the information is false or
misleading in a material particular; or
(g) fail to disclose, or cause a failure to disclose, all
information that the person knows is materially relevant.
Penalty:
25 (a) for a first offence, $5 000;
(b) for a second or subsequent offence, $10 000.
page 50
Western Australian College of Teaching Bill 2003
Miscellaneous Part 9
s. 83
83. Pretending to be entitled to teach in a school
A person must not claim or pretend to be, or make use of any
certificate or any words or letters or any name, title,
abbreviation, description, certificate or authority that implies or
5 tends to encourage the belief that he or she is --
(a) qualified or entitled to teach in a school unless he or she
is a registered teacher or holds a limited authority to
teach;
(b) a registered teacher unless he or she is a registered
10 teacher; or
(c) the holder of a limited authority to teach unless he or she
is the holder of a limited authority to teach.
Penalty:
(a) for a first offence, $5 000;
15 (b) for a second or subsequent offence, $10 000.
84. Legal proceedings
(1) Any proceedings for an offence against this Act may be taken in
the name of the College by the Director or any other person
authorised in that behalf by the College.
20 (2) All proceedings for offences against this Act are to be heard by
a court of summary jurisdiction constituted by a magistrate.
(3) In any proceedings no proof is required of --
(a) the appointment or election of a member of the Board or
a committee; or
25 (b) the authorisation of a person under subsection (1),
but an averment in a complaint that the person is so appointed,
elected or authorised is to be taken to be proved in the absence
of evidence to the contrary.
(4) Subsection (1) does not limit the ability of a person to make a
30 complaint or conduct the prosecution of an offence if the person
has authority at law to do so.
page 51
Western Australian College of Teaching Bill 2003
Part 9 Miscellaneous
s. 84
(5) In all courts and before all persons and bodies authorised to
receive evidence --
(a) in the absence of evidence to the contrary a certificate
purporting to be issued on behalf of the College and
5 stating that a person was or was not --
(i) registered or provisionally registered as a
teacher;
(ii) an associate member of the College; or
(iii) the holder of a limited authority to teach,
10 and any conditions to which the person's membership
was subject, or that a person was suspended from
membership of the College, on any day or days or
during a period mentioned in the certificate, is
conclusive evidence of the matters so stated;
15 (b) in the absence of evidence to the contrary a copy of, or
extract from, the register or any statement that purports
to reproduce matters entered in the register that is
certified by the Director as a true copy, extract or
statement, is conclusive evidence of the facts appearing
20 in that copy, extract or statement; and
(c) judicial notice is to be taken of the signature of the
Director on a certificate purporting to be issued under
this section and the fact that that person is or was the
Director.
25 (6) In the absence of evidence to the contrary a certificate issued
under this Act to a person who --
(a) is registered as a teacher;
(b) is provisionally registered as a teacher;
(c) has associate membership of the College; or
30 (d) holds a limited authority to teach,
is conclusive evidence that the person to whom the certificate is
issued is so registered, holds that membership or authority, as is
relevant.
page 52
Western Australian College of Teaching Bill 2003
Miscellaneous Part 9
s. 85
85. Rules
(1) The College may, with the approval of the Governor, make
rules prescribing all matters required or permitted by this Act to
be prescribed by rules or necessary or convenient to be
5 prescribed for the carrying out of this Act.
(2) Without limiting the generality of subsection (1), rules may be
made for all, or any, of the following purposes --
(a) regulating the meetings, practice and proceedings of,
and the conduct of business by, the Board or a
10 committee;
(b) making provision for and in respect of, temporary
members to act in the place of members of the Board in
prescribed circumstances;
(c) making provision about the various categories of
15 membership of the College;
(d) making provision in respect of the election of members
of the Board under section 9;
(e) the issuing, amending, renewal and surrender of --
(i) certificates relating to registration, provisional
20 registration and associate membership of the
College;
(ii) limited authorities to teach;
(f) maintaining the accuracy of the register;
(g) regulating the display and use of certificates and
25 authorities;
(h) regarding information to be given to members of the
College;
(i) regarding information --
(i) as to persons who are teaching in a school;
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Western Australian College of Teaching Bill 2003
Part 9 Miscellaneous
s. 86
(ii) about teaching in schools,
to be supplied to the College, at the request of the
College, by any person who employs, engages or gives
permission to persons to teach in a school;
5 (j) procedures in relation to the making of complaints;
(k) procedures in relation to the conduct of inquiries;
(l) prescribing fees to be paid for the purposes of this Act,
and the person liable for payment of any fee;
(m) prescribing forms to be used for the purposes of this
10 Act;
(n) providing that any information supplied to the College
or a committee may be required to be verified by
statutory declaration.
86. Regulations
15 (1) The Governor may make regulations --
(a) prescribing all matters that are required or permitted by
this Act to be prescribed by regulation; and
(b) with respect to any matter on which the College may
make rules.
20 (2) The regulations may provide for a penalty for contravention of a
provision of the regulations not exceeding a fine of $5 000.
(3) Where a regulation is inconsistent with a rule the regulation
prevails to the extent of the inconsistency.
87. Forms may be approved
25 Forms that are convenient for the purposes of this Act may be --
(a) prescribed by the regulations or rules; or
(b) approved in writing by the College.
88. Consequential amendments
Schedule 3 has effect.
page 54
Western Australian College of Teaching Bill 2003
Miscellaneous Part 9
s. 89
89. Transitional provisions
Schedule 4 has effect.
90. Review of Act
(1) The Minister is to carry out a review of the operation and
5 effectiveness of this Act as soon as is practicable after the
expiration of 4 years from its commencement, and in the course
of that review the Minister is to consider and have regard to --
(a) the effectiveness of the operations of the College;
(b) the need for the continuation of the functions of the
10 College; and
(c) any other matters that appear to the Minister to be
relevant to the operation and effectiveness of this Act.
(2) The Minister is to prepare a report based on the review made
under subsection (1) and as soon as is practicable after the
15 preparation of the report, cause it to be laid before each House
of Parliament.
page 55
Western Australian College of Teaching Bill 2003
Schedule 1 Constitution and proceedings of Board
Schedule 1 -- Constitution and proceedings of Board
[s. 10]
Division 1 -- General provisions
1. Meaning of "member"
5 In this Schedule, unless the contrary intention appears --
"member" means a member of the Board.
2. Term of office
(1) Subject to clause 4 --
(a) an appointed member holds office for such term, not
10 exceeding 3 years, as is specified in the instrument of his or
her appointment, and is eligible for reappointment; and
(b) an elected member holds office --
(i) if elected to fill a vacancy occurring by effluxion of
time, for a period ending 3 years after the occurrence
15 of that vacancy; or
(ii) if elected to fill a vacancy occurring otherwise than
by effluxion of time, for the remainder of the period
for which his or her predecessor in office was elected,
and is eligible for re-election.
20 (2) Despite subclause (1), if the period of office of a member expires by
effluxion of time without a person having been appointed or elected to
fill the vacancy, the member continues in office until --
(a) a person is appointed or elected to fill the vacancy; or
(b) a period of 3 months elapses after the expiry of the period of
25 office,
whichever occurs first.
3. Vacancy in the office of an elected member
Whenever the office of an elected member is vacant or is due to
become vacant an election is to be conducted to elect a person to fill
30 the vacancy.
page 56
Western Australian College of Teaching Bill 2003
Constitution and proceedings of Board Schedule 1
4. Resignation, removal etc.
(1) The office of a member becomes vacant if he or she --
(a) resigns the office by written notice addressed to the Minister;
(b) is an insolvent under administration, within the meaning
5 given to that term by the Corporations Act 2001 of the
Commonwealth; or
(c) is removed from office by the Minister under subclause (2).
(2) The Minister, on the recommendation of the Board, may remove a
member from office for --
10 (a) misconduct or incompetence;
(b) mental or physical incapacity, other than temporary illness,
impairing the performance of his or her functions;
(c) in the case of an elected member, if the person ceases to be a
registered teacher; or
15 (d) absence without leave, from 3 consecutive meetings of the
Board of which the member has had notice.
(3) In subclause (2)(a) --
"misconduct" includes conduct that renders the member unfit to hold
office, even though the conduct does not relate to any function of
20 the office.
5. Chairperson and deputy chairperson
(1) The Board is to elect a chairperson and a deputy chairperson from
among its members.
(2) A person elected under subclause (1) is to hold that office for one year
25 and is eligible for re-election.
(3) Where the chairperson is unable to act because of sickness, absence or
other cause, the deputy chairperson is to act in the chairperson's
place.
6. Leave of absence
30 The Board may grant leave of absence to a member on such terms and
conditions as it thinks fit.
page 57
Western Australian College of Teaching Bill 2003
Schedule 1 Constitution and proceedings of Board
7. Calling of meetings
(1) Subject to subclause (2), meetings are to be held at the times and
places that the Board determines.
(2) A special meeting of the Board may at any time be convened by the
5 chairperson.
(3) The first meeting of the Board is to be convened by the member
nominated under section 9(1)(a).
8. Presiding officer
(1) The chairperson is to preside at all meetings of the Board at which he
10 or she is present.
(2) If both the chairperson and the deputy chairperson are absent from a
meeting the members present are to appoint one of their number to
preside.
9. Voting
15 (1) Each question before the Board is to be decided by a majority of its
members.
(2) At any meeting of the Board each member present has a deliberative
vote.
(3) If there is an equality of votes, the chairperson has a second or casting
20 vote.
10. Minutes
The Board is to cause accurate minutes to be kept of the proceedings
at its meetings.
11. Resolution without meeting
25 A resolution in writing signed by each member or assented to by each
member by letter or facsimile is as effectual as if it had been passed at
a meeting of the Board.
page 58
Western Australian College of Teaching Bill 2003
Constitution and proceedings of Board Schedule 1
12. Telephone or video meetings
A communication between a majority of the members by telephone,
audio-visual or other electronic means is a valid meeting of the Board
if --
5 (a) each participating member is capable of communicating with
every other participating member instantaneously at all times
during the proceedings; and
(b) all members were advised that the communication would be
taking place and were given the opportunity to participate.
10 13. Board to determine its own procedures
Subject to this Act, the Board is to determine its own procedures.
14. Interim Board members
The Minister is to appoint persons to act as members under
section 9(2) until members are elected.
15 Division 2 -- Disclosure of interests etc.
15. Disclosure of interests
(1) A member who has a material personal interest in a matter being
considered or about to be considered by the Board must, as soon as
possible after the relevant facts have come to the member's
20 knowledge, disclose the nature of the interest at a meeting of the
Board.
Penalty: $10 000.
(2) A disclosure under subclause (1) is to be recorded in the minutes of
the meeting.
25 16. Voting by interested members
A member who has a material personal interest in a matter that is
being considered by the Board --
(a) must not vote whether at a meeting or otherwise --
(i) on the matter; or
page 59
Western Australian College of Teaching Bill 2003
Schedule 1 Constitution and proceedings of Board
(ii) on a proposed resolution under clause 17 in respect of
the matter, whether relating to that member or a
different member;
and
5 (b) must not be present while --
(i) the matter; or
(ii) a proposed resolution of the kind referred to in
paragraph (a)(ii),
is being considered at a meeting.
10 17. Clause 16 may be declared inapplicable
Clause 16 does not apply if the Board has at any time passed a
resolution that --
(a) specifies the member, the interest and the matter; and
(b) states that the members voting for the resolution are satisfied
15 that the interest should not disqualify the member from
considering or voting on the matter.
18. Quorum where clause 16 applies
(1) If a member of the Board is disqualified under clause 16 in relation to
a matter, a quorum is present during the consideration of the matter if
20 at least 8 members are present who are entitled to vote on any motion
that may be moved at the meeting in relation to the matter.
(2) The Minister may deal with a matter to the extent that the Board
cannot deal with it because of subclause (1).
page 60
Western Australian College of Teaching Bill 2003
Sexual offences Schedule 2
Schedule 2 -- Sexual offences
[s. 49(1) and 55(6)(b)]
Enactment Description of offence
1. The Criminal Code
s. 186 Occupier or owner allowing
certain persons to be on
premises for unlawful carnal
knowledge
s. 191 Procuring person to be
prostitute etc.
s. 192 Procuring person to have
unlawful carnal knowledge by
threats, fraud, or administering
drugs
s. 203 Indecent acts
s. 204 Indecent shows or
performances
Chapter XXXI Sexual offences
2. Prostitution Act 2000
s. 9 Promoting employment in
prostitution industry
s. 15 Acting as a prostitute for a
child
s. 16 Causing, permitting, or
seeking to induce child to act
as prostitute
s. 17 Obtaining payment for
prostitution by a child
s. 18 Agreement for prostitution by
a child
s. 20 Prostitution at place where
child present
page 61
Western Australian College of Teaching Bill 2003
Schedule 2 Sexual offences
Enactment Description of offence
s. 21 Allowing child to be at place
involving prostitution
page 62
Western Australian College of Teaching Bill 2003
Consequential amendments Schedule 3
Schedule 3 -- Consequential amendments
[s. 88]
1. Constitution Acts Amendment Act 1899 amended
(1) The amendments in this clause are to the Constitution Acts
5 Amendment Act 1899*.
[* Reprinted as at 8 June 2001.
For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 75-6 and
Acts Nos. 8, 30 and 31 of 2003.]
10 (2) Schedule V Part 3 is amended by inserting after the item relating to
The Western Australian Coastal Shipping Commission the following
item --
"
The Western Australian College of Teaching established by the
15 Western Australian College of Teaching Act 2003.
".
2. Sentencing Act 1995 amended
(1) The amendments in this clause are to the Sentencing Act 1995*.
[* Reprinted as at 4 May 2001.
20 For subsequent amendments see Western Australian
Legislation Information Tables for 2002, Table 1, p. 353.]
(2) Schedule 1 is amended by inserting in the appropriate alphabetical
position the following item --
"
Western Australian College of Western Australian College of
Teaching Act 2003 Teaching
25 ".
page 63
Western Australian College of Teaching Bill 2003
Schedule 4 Transitional provisions
Schedule 4 -- Transitional provisions
[s. 89]
1. Interpretation of Schedule
In this Schedule --
5 "commencement day" means the day fixed under section 2.
2. Teachers currently teaching
(1) Despite any other provision of this Act, if a teacher currently teaching
applies in the manner approved by the College for --
(a) registration as a teacher; or
10 (b) a limited authority to teach,
the College must register the person as a teacher or issue the person
with a limited authority to teach, as is relevant, unless the College is
satisfied that the person has been convicted of an offence the nature of
which renders the person unfit to be a teacher or has engaged in any
15 other serious misconduct the nature of which renders the person unfit
to be a teacher.
(2) An application under this clause is to be made within --
(a) 18 months after the commencement day; or
(b) such further time as the College allows, if the College decides
20 there are special circumstances to do so.
(3) In this clause --
"teacher currently teaching" means a person who was employed or
engaged to teach in a school, whether or not the person was
actually teaching, immediately before the commencement day.
25 3. Teachers not currently teaching
(1) Despite any other provision of this Act, if a teacher not currently
teaching applies in the manner approved by the College for --
(a) registration as a teacher; or
(b) a limited authority to teach,
30 the College may register the person as a teacher or issue the person
with a limited authority to teach, as is relevant, unless the College is
page 64
Western Australian College of Teaching Bill 2003
Transitional provisions Schedule 4
satisfied that the person has been convicted of an offence the nature of
which renders the person unfit to be a teacher or has engaged in any
other serious misconduct the nature of which renders the person unfit
to be a teacher.
5 (2) An application under this clause is to be made within --
(a) 24 months after the commencement of this Act; or
(b) such further time as the College allows, if the College decides
there are special circumstances to do so.
(3) In this clause --
10 "teacher not currently teaching" means a person who was not
employed or engaged to teach in a school immediately before the
commencement day but was employed or engaged to teach in a
school at some time before the commencement day.
4. Notice to be given to teacher
15 The College is to give written notice to each person who has applied
to the College under this Schedule as to the outcome of the
application.
5. Renewal of registration gained under this Schedule (approved
qualification not necessary)
20 Section 35(a), as applied by section 41(3)(a), does not apply in respect
of a renewal of the membership of a person registered under
clause 2(1) or 3(1) of this Schedule.
6. Review of decision of the College
A person who is aggrieved by a decision of the College under this
25 Schedule may apply for a review of that decision under section 81 and
for that purpose section 81 applies as if the review were a review
under that section.
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Western Australian College of Teaching Bill 2003
Schedule 4 Transitional provisions
7. Applications under this Schedule
(1) For the avoidance of doubt, an application for membership of the
College made under this Schedule is an application for the purposes
of this Act.
5 (2) Despite subclause (1), section 40(2) does not apply in respect of an
application for membership of the College made under this Schedule.
8. Sections 30, 31 and 83 not to apply to current teachers for a
period of time
Sections 30, 31 and 83 do not apply in respect of a teacher to whom
10 clause 2 or 3 of this Schedule applies, until --
(a) an application made by the teacher under clause 2 or 3 has
been granted, or refused, by the College under this Schedule;
or
(b) 18 months after the commencement day,
15 whichever happens first.
page 66
Western Australian College of Teaching Bill 2003
Defined Terms
Defined Terms
[This is a list of terms defined and the provisions where they are defined.
The list is not part of the law.]
Defined Term Provision(s)
affected person ............................................................................................... 60
applicant ....................................................................................................42(4)
application .................................................................................................. 3(1)
associate member of the College.................................................................. 3(1)
Board.......................................................................................................... 3(1)
child...........................................................................................................55(6)
College........................................................................................................ 3(1)
commencement day..........................................................................Sch. 4, cl. 1
committee ................................................................................................... 3(1)
criminal record check .................................................................................. 3(1)
Director....................................................................................................... 3(1)
disciplinary action ....................................................................................... 3(1)
document ...................................................................................................15(5)
employer ............................................................................... 50(3), 59(3), 73(5)
information ................................................................................................15(5)
inquiry ........................................................................................................ 3(1)
limited authority to teach ............................................................................. 3(1)
member............................................................................................Sch. 1, cl. 1
member of the Board................................................................................... 3(1)
member of the College ................................................................................ 3(1)
misconduct.................................................................................. Sch. 1, cl. 4(3)
provisional registration ................................................................................ 3(1)
register........................................................................................................ 3(1)
registered teacher ........................................................................................ 3(1)
registration .................................................................................................. 3(1)
rules............................................................................................................ 3(1)
serious misconduct the nature of which renders the person unfit
to be a teacher..................................................................................63(2)
seriously incompetent as a teacher ..............................................................63(2)
sexual offence ............................................................................................55(6)
teacher .......................................................................................................49(2)
teacher currently teaching............................................................ Sch. 4, cl. 2(3)
teacher not currently teaching ...................................................... Sch. 4, cl. 3(3)
teaching ...................................................................................................... 3(1)
unprofessional conduct ................................................................................ 3(1)
page 67
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