Queensland: Education (Queensland College of Teachers) Act 2005 (Qld)

Education (Queensland College of Teachers) Act 2005 An Act to establish the Queensland College of Teachers, to confer functions on the college including functions about the registration of teachers in Queensland and related matters, to establish the Office of the Queensland College of Teachers, and for other purposes Chapter 1 Preliminary 1 Short title This Act may be cited as the Education (Queensland College of Teachers) Act 2005. 2 Commencement This Act, other than sections 6, 299 and 304 and schedule 3, commences on 1 January 2006. 3 Main objects of Act (1) The main objects of the Act are— (a) to uphold the standards of the teaching profession; and (b) to maintain public confidence in the teaching profession; and (c) to protect the public by ensuring education in schools is provided in a professional and competent way by approved teachers. (2) The objects are to be achieved mainly by— (a) establishing the Queensland College of Teachers; and (b) conferring on the college functions and powers about— (i) granting registration or permission to teach to persons; and (ii) certifying teachers as highly accomplished teachers or lead teachers; and (iii) taking disciplinary action against approved teachers; and (iv) monitoring compliance with and enforcing this Act; and (c) establishing the Office of the Queensland College of Teachers to help the college in the performance of its functions. 4 Act binds all persons (1) This Act binds all persons, including the State. (2) This Act does not make the State liable to be prosecuted for an offence. 5 Mutual recognition legislation not affected This Act does not affect the operation of the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003. 6 Dictionary The dictionary in schedule 3 defines particular words used in this Act. 7 Meaning of harm (1) Harm, to a child, is any detrimental effect of a significant nature on the child's physical, psychological or emotional wellbeing. (2) It is immaterial how the harm is caused. (3) Harm can be caused by— (a) physical, psychological or emotional abuse or neglect; or (b) sexual abuse or exploitation. (4) Harm can be caused by— (a) a single act, omission or circumstance; or (b) a series or combination of acts, omissions or circumstances. Chapter 2 Registration and permission to teach Part 1 Eligibility requirements 8 Eligibility for full registration (1) A person is eligible for full registration if the college is reasonably satisfied— (a) either— (i) the person has attained the qualifications and experience for full registration prescribed under a regulation; or (ii) the person's education, demonstrated abilities, experience, knowledge and skills establish that the person meets the requirements under the professional standards for full registration; and Example— A person has a teaching qualification that is not a prescribed qualification but has long and meritorious teaching experience in a school, whether or not the school is in Queensland. (b) the person is suitable to teach; and (c) if the person is a person prescribed by regulation as being required to take a test for literacy, numeracy or science prescribed by regulation, the person— (i) has taken the test; and (ii) achieved a test result the college considers is satisfactory for full registration; and Note— Chapter 2, part 2, division 3 states the matters that may be prescribed for tests for literacy, numeracy or science. (d) the person meets any other requirements for professional practice for full registration prescribed under a regulation. (2) The requirements mentioned in subsection (1)(a) and (d) are the professional practice requirements for full registration. (3) The requirements mentioned in subsection (1)(a) to (d) are the eligibility requirements for full registration. (4) Without limiting subsection (1), the college may be satisfied the person meets the eligibility requirements for full registration by imposing conditions on the registration under section 20. 9 Eligibility for provisional registration (1) A person is eligible for provisional registration if the college is reasonably satisfied— (a) either— (i) the person has attained the qualifications for provisional registration prescribed under a regulation; or (ii) the person's education, demonstrated abilities, experience, knowledge and skills establish that the person meets the requirements under the professional standards for provisional registration; and Example— A person has a qualification other than a prescribed qualification, at degree level or higher, from a higher education institution and has long and meritorious teaching experience in a non-school setting, such as a TAFE or higher education institution. (b) the person is suitable to teach; and (c) if the person is a person prescribed by regulation as being required to take a test for literacy, numeracy or science prescribed by regulation, the person— (i) has taken the test; and (ii) achieved a test result the college considers is satisfactory for provisional registration; and Note— Chapter 2, part 2, division 3 states the matters that may be prescribed for tests for literacy, numeracy or science. (d) the person meets any other requirements for professional practice for provisional registration prescribed under a regulation. (2) The requirements mentioned in subsection (1)(a) and (d) are the professional practice requirements for provisional registration. (3) The requirements mentioned in subsection (1)(a) to (d) are the eligibility requirements for provisional registration. (4) Without limiting subsection (1), the college may be satisfied the person meets the eligibility requirements for provisional registration by imposing conditions on the registration under section 20. 10 Eligibility for permission to teach (1) A person is eligible for permission to teach if the college is reasonably satisfied the person— (a) has been offered a teaching position in a school and the employing authority for, or principal of, the school can not find an appropriate registered teacher to fill the position; and (b) has knowledge, qualifications, skills or training reasonably considered by the college to be relevant to the teaching position the person has been offered; and (c) is suitable to teach; and (d) meets any other requirements for professional practice for permission to teach prescribed under a regulation. (2) The requirements mentioned in subsection (1)(a) to (d) are the eligibility requirements for permission to teach. (3) Without limiting subsection (1), the college may be satisfied the person meets the eligibility requirements for permission to teach by imposing conditions on the permission under section 20. 11 Suitability to teach—police information (1) In considering whether a person is suitable to teach, the college must have regard to— (a) police information about the person obtained under section 14 or 15; and (b) other information about the person obtained under section 15; and (c) information about the person obtained under section 15B, 15C or 15D. (2) If the college is aware the person's criminal history includes a conviction for a serious offence, the college must decide the person is not suitable to teach, unless the college is satisfied it is an exceptional case in which it would not harm the best interests of children for the person to teach. (3) In having regard to the person's criminal history, the college must consider the following matters relating to information about the commission, or alleged or possible commission, of an offence by the person— (a) when the offence was committed, is alleged to have been committed or may possibly have been committed; (b) the nature of the offence and its relevance to the duties of a teacher; (c) anything else the college considers relevant to deciding whether the person is suitable to teach. (4) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply in relation to the college's decision under subsection (2). (5) This section is subject to section 12A. 12 Suitability to teach—other considerations (1) In considering whether a person is suitable to teach, the college must also— (a) have regard to information held by the college or reasonably available to the college about each of the following matters— (i) any conviction of the person of an offence against a corresponding law or another law of a foreign country; (ii) if the person has been refused registration as a teacher by an interstate regulatory authority or an overseas regulatory authority—the reason for the refusal; (iii) if the person has been employed by an employing authority for a school and the person's employment was ended by the employing authority for a reason relating to the person's competency or suitability to teach—the reason for the ending of the person's employment; (iv) if the person has been registered under this Act or a former Act or is, or has been, registered under a corresponding law and the registration was affected— (A) by the imposition of a condition—the nature of the condition and the reasons for its imposition; or (B) by its suspension or cancellation—the reason for its suspension or cancellation; or (C) in another way—the way it was affected and the reason for it being affected; and (b) consider whether the person is suitable to work in a child-related field. (2) Also, in considering whether a person is suitable to teach the college may have regard to any other matter the college considers relevant, even if the matter happened outside the State. (3) Without limiting section 11 or subsection (1) or (2), a person is not suitable to teach if the person behaves in a way that— (a) does not satisfy a standard of behaviour generally expected of a teacher; and (b) shows the person is unfit to be granted registration or permission to teach. (4) This section is subject to section 12A. (5) In this section— corresponding law means a law applying, or that applied, in another State, the Commonwealth or a foreign country that provides, or provided, for the same matter as this Act or a provision of this Act. overseas regulatory authority means an entity— (a) established under the law of another country, other than New Zealand; and (b) that has functions similar to the functions of the college under this Act. 12A Suitability to work in child-related field—interstate information (1) In considering whether a person is suitable to work in a child-related field as mentioned in section 12(1)(b), the college must consider whether the person poses a risk of harm to children. (2) In considering whether the person poses a risk of harm to children, the college must have regard to— (a) the person's expanded interstate criminal history; and (b) any other information, that relates to the person's expanded interstate criminal history, disclosed by the commissioner of police under section 15, or an interstate commissioner of police under section 15A. (3) In having regard to the matters mentioned in subsection (2), the college must consider the following matters relating to information about the commission, or alleged or possible commission, of an offence by the person— (a) when the offence was committed, is alleged to have been committed or may possibly have been committed; (b) the nature of the offence and its relevance to the duties of a teacher; (c) anything else the college considers relevant to deciding whether the person poses a risk of harm to children. (4) This section does not limit the matters the college may consider under section 11(2) or 12(1)(b). (5) However, despite section 11 or 12, in considering whether a person is suitable to teach, the college may have regard to the person's expanded interstate criminal history, or information of the type mentioned in subsection (2)(b), only to consider whether the person poses a risk of harm to children. Notes— 1 This section implements the Council of Australian Governments' (COAG) agreement dated 29 November 2008 to facilitate the inter-jurisdictional exchange of criminal history information for people working with children. 2 A copy of COAG's communiqué about the agreement is available on COAG's website. Part 1A Eligibility declarations Division 1 Preliminary 12B Purpose of pt 1A The purpose of this part is to allow a person who is an eligibility applicant to apply to the college for a declaration (eligibility declaration) that the person is not an excluded person. 12C Application of part 1A This part applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986. 12D Definitions for pt 1A In this part— eligibility applicant means a person who— (a) is, or has been, convicted of a serious offence, other than a person whose conviction for the offence is overturned on appeal; and (b) is not subject to an imprisonment order for the offence; and (c) is not a relevant excluded person. Division 2 Eligibility application 12E Application for eligibility declaration (1) An eligibility applicant may make an application (eligibility application) to the college for an eligibility declaration. (2) However, the applicant can not make an eligibility application within 2 years after making a previous eligibility application that has been refused, unless the decision to refuse the previous eligibility application was based on wrong or incomplete information. (3) The eligibility application must be— (a) in the approved form; and (b) signed by the applicant; and (c) accompanied by each of the following— (i) the prescribed fee; (ii) the criminal history check fee; (iii) other documents or information, identified in the approved form, reasonably required by the college to decide the application. (4) The approved form— (a) must include provision for— (i) identifying information about the applicant; and (ii) certification by a prescribed person that the prescribed person has sighted the applicant's proof of identity documents; and (b) may require disclosure of police information about the applicant. (5) Information contained in or accompanying the application must, if required by the college, be verified by statutory declaration. (6) In this section— commissioner for declarations means commissioner for declarations under the Justices of the Peace and Commissioners for Declarations Act 1991. identifying information, about an applicant, means information that identifies the applicant. prescribed person means a justice, commissioner for declarations, lawyer or police officer. proof of identity documents, for an eligibility applicant, means the documents, relating to proof of the identity of the applicant, prescribed under a regulation. 12F Decision on eligibility application (1) The college must refuse to grant the eligibility application unless the college is satisfied it is an exceptional case in which it would not harm the best interests of children to issue the eligibility declaration. (2) The college may obtain information about the applicant under sections 14 to 15D as if the application were an application for registration or permission to teach. (3) In deciding whether there is an exceptional case, the college must have regard to the information mentioned in subsection (2). (4) In having regard to the criminal history of the applicant, the college must consider the following matters relating to information about the commission, or alleged or possible commission, of an offence by the applicant— (a) when the offence was committed, is alleged to have been committed or may possibly have been committed; (b) the nature of the offence and its relevance to the duties of a teacher; (c) any penalty imposed by the court and the court's reasons for the penalty. (5) Also, in deciding whether there is an exceptional case, the college must have regard to the following— (a) documents or information contained in the applicant's eligibility application; (b) if the applicant has been refused registration in another jurisdiction or has held registration in another jurisdiction that has been suspended or cancelled— (i) the reason for the refusal, suspension or cancellation; and (ii) the way in which the refusal, suspension or cancellation relates to the applicant's suitability to teach; (c) if the applicant has had the applicant's employment terminated by an employing authority for a school for a reason relating to the applicant's suitability to teach— the reason for the termination; (d) anything else the college considers relevant in deciding whether an exceptional case exists. Example of an exceptional case— The eligibility applicant was convicted, at 17 years, of unlawful penile intercourse with his 15 year girlfriend and has not been convicted of a further serious offence. 12G Grant or refusal to grant eligibility application (1) If the eligibility application is granted, the college must issue an eligibility declaration to the eligibility applicant. (2) If the application is refused, the college must give the applicant a notice stating the reasons for the refusal. (3) If the college considers the applicant has not been convicted of a serious offence, the college must give notice to the applicant stating the following— (a) the college may issue an eligibility declaration only if the applicant has been convicted of a serious offence; (b) the college does not consider the applicant has been convicted of a serious offence and, for that reason, the college can not issue an eligibility declaration to the applicant; (c) that, if the applicant is not an excluded person for another reason, the applicant may apply for registration or permission to teach; (d) that the application will not be further dealt with by the college. (4) There is no review or appeal under this Act in relation to a decision of the college under this section to refuse to grant an eligibility application. Division 3 Withdrawal of eligibility application 12H Withdrawal by notice (1) An eligibility applicant may, by notice, withdraw the applicant's eligibility application at any time before the college— (a) issues an eligibility declaration; or (b) gives the applicant a notice, relating to the application, under section 12G(2) or (3). (2) The notice must be— (a) signed by the eligibility applicant; and (b) given to the college. 12I Deemed withdrawal—identity of eligibility applicant not established An eligibility applicant is taken to have withdrawn the applicant's eligibility application if— (a) the college gives the applicant a notice— (i) asking the applicant to provide, within a reasonable stated time, stated information that the college reasonably needs to establish the applicant's identity; and (ii) warning the applicant that, if the applicant does not comply with the notice, the applicant's application may be taken to have been withdrawn; and (b) the applicant does not comply with the notice within the stated time; and (c) the college can not establish with certainty the applicant's identity; and (d) the college gives the applicant a notice stating that the applicant is taken to have withdrawn the application. 12J Deemed withdrawal—notice not complied with An eligibility applicant is taken to have withdrawn the applicant's eligibility application if— (a) the college gives the applicant a notice asking the applicant to provide, within a reasonable stated time— (i) stated information, including by way of a submission, about a stated matter that the college reasonably believes is relevant to the application; or (ii) a consent that the college reasonably believes is relevant to the application; and (b) the notice includes a warning that, if the applicant does not comply with the notice, the applicant's application may be taken to have been withdrawn; and (c) the applicant does not comply with the notice within the stated time; and (d) the college gives the applicant a notice stating that the applicant is taken to have withdrawn the application. 12K Deemed withdrawal—other circumstances An eligibility applicant is taken to have withdrawn the applicant's eligibility application if the applicant— (a) is charged with a serious offence; or (b) becomes an excluded person. Division 4 Miscellaneous 12L Revocation of decision to refuse eligibility declaration (1) The college may revoke a decision to refuse an eligibility application and issue an eligibility declaration if— (a) the college is satisfied the decision on the application was based on wrong or incomplete information; and (b) based on the correct or complete information, the college decides under section 12F that the college may issue the eligibility declaration. (2) The college may exercise the power under subsection (1) on— (a) the college's own initiative; or (b) application by the eligibility applicant whose eligibility application was refused. 12M Automatic expiry of eligibility declaration (1) This section applies to an eligibility declaration if— (a) the holder of the declaration is not an approved teacher; and (b) after the declaration is issued, the holder— (i) is charged with a serious offence; or (ii) becomes an excluded person. (2) This section also applies to an eligibility declaration if— (a) the holder of the declaration is an approved teacher; and (b) after the declaration is issued, the holder becomes an excluded person. (3) The eligibility declaration expires on the day the holder is charged with the offence or becomes an excluded person. Part 2 Making and deciding applications for registration or permission to teach Division 1 Applications other than by holders of provisional registration 13 Application of div 1 This division does not apply to a holder of provisional registration who applies for full registration. Note— See division 2 (Application for full registration by holder of provisional registration). 14 Application for registration or permission to teach (1) A person, other than an excluded person, may apply to the college for any of the following— (a) full registration; (b) provisional registration; (c) permission to teach. (2) The application must— (a) be in the approved form; and (b) be accompanied by each of the following— (i) the documents or information on which the person relies to establish the person meets the eligibility requirements, other than the eligibility requirement mentioned in section 8(1)(c) or section 9(1)(c); (ii) other documents or information, identified in the approved form, reasonably required by the college to decide the application; (iii) any registration application fee or permission to teach application fee prescribed under a regulation; (iv) the registration fee or permission to teach fee prescribed under a regulation; and (c) be accompanied by the following— (i) for an applicant who is the holder of a working with children clearance under the Working with Children Act— (A) if there is no police information about the applicant—the employment-screening fee; or (B) if there is police information about the applicant—the criminal history check fee; (ii) for another applicant—the criminal history check fee. (3) Also, the application must comply with any other requirements prescribed under a regulation. (4) The approved form may require disclosure of police information about the person. (5) If the approved form requires the disclosure of police information about the person, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure. (6) Information contained in or accompanying the application must, if required by the college, be verified by statutory declaration. (7) Subsection (8) applies if— (a) the person is the holder of a working with children clearance under the Working with Children Act; and (b) the application was accompanied by the employment-screening fee and not the criminal history check fee; and (c) before the application is decided, the college— (i) is given advice by the chief executive (employment screening) under section 15D(2)(c); or (ii) otherwise becomes aware there is police information about the person. (8) The college may— (a) by notice ask the person to pay the criminal history check fee; and (b) defer deciding the application until the criminal history check fee is paid. (9) For subsection (8), it is immaterial whether or not there was police information about the person when the application was made. (10) In this section— employment-screening fee means the fee prescribed by regulation under the Working with Children Act for obtaining information from the chief executive (employment screening) under section 15D. 15 Obtaining police information about applicant (1) The college must ask the commissioner of police for a written report containing details of the police information, if any, existing in relation to an applicant for registration or permission to teach. (2) Also, the college may ask the commissioner of police for the following information about the applicant— (a) a brief description of the circumstances of a conviction or charge, for an offence, mentioned in the applicant's criminal history; (b) information about any investigation relating to the possible commission of a serious offence by the applicant. (3) For subsections (1) and (2), the college's request may include the following information— (a) the applicant's name and any other name the college believes the applicant may use or have used; (b) the applicant's gender and date and place of birth; (c) the applicant's address. (4) Subject to subsections (5) and (6), the commissioner of police must comply with a request under subsection (1) or (2). (5) The commissioner of police's obligation to comply with the request applies only to information in the possession of the commissioner or to which the commissioner has access. (6) The commissioner of police must not give information about an investigation relating to the possible commission of a serious offence by the applicant if— (a) the commissioner is reasonably satisfied that giving the information— (i) may prejudice or otherwise hinder an investigation to which the information may be relevant; or (ii) may lead to the identification of an informant; or (iii) may affect the safety of a police officer, complainant or other person; or (b) for an investigation that has been completed—the investigation has not led, and the commissioner is reasonably satisfied it is unlikely to lead, to a reasonable suspicion that the applicant committed a serious offence; or (c) for an investigation that has not been completed—the commissioner is reasonably satisfied the investigation is unlikely to lead to a reasonable suspicion that the applicant committed a serious offence. (6A) If the commissioner of police gives a written report in response to a request under subsection (1) about a person who is or has been a relevant excluded person, the report must include the following information— (a) that the person is or has been a relevant excluded person; (b) if the person is or has been subject to an offender prohibition order— (i) a brief description of the conduct that gave rise to the order; and (ii) the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order; (c) if the person is or has been subject to an offender prohibition disqualification order—the duration and details of the disqualification order. (6B) If the commissioner of police gives a written report in response to a request under subsection (1) about a person who is or has been named as the respondent for an application for an offender prohibition order, or the subject of an application for an offender prohibition disqualification order, and the order was not made, the report must include the following information— (a) that the person is or has been named as the respondent for an application for an offender prohibition order, or the subject of an application for an offender prohibition disqualification order, and the order was not made; (b) the reasons why the application was made; (c) the reasons why the order was not made; (d) if the application was for an offender prohibition order and the magistrate or court hearing the application decided not to make an offender prohibition disqualification order for the person—the reasons why the offender prohibition disqualification order was not made. (7) The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the information mentioned in subsection (1), (2), (6A) or (6B). (8) To remove any doubt, it is declared that, despite the Youth Justice Act 1992, part 9, the commissioner of police may disclose information to which that part applies to the college for complying with a request under subsection (1) or (2). (9) This section does not apply if— (a) the college— (i) has, under section 15D, been advised that the applicant is the holder of a working with children clearance under the Working with Children Act that has not been suspended under that Act; and (ii) has not, under section 15D, been advised that the college may need to have regard to the matters mentioned in section 11(1) for deciding whether the applicant is suitable to teach; and (b) having regard to advice given to the college under section 15D and any other information about the applicant the college is aware of, the college is reasonably satisfied that there is no police information in relation to the applicant. 15AA Obtaining other information from commissioner of police (1) This section applies if the college— (a) becomes aware that an applicant for registration or permission to teach has been charged with or convicted of an offence; and (b) reasonably believes information about the offence— (i) may help the college in deciding whether the applicant is suitable to teach; and (ii) is not, or is not likely to be, in the possession of control of an entity, other than the commissioner of police, from whom the college may request the information. (2) The college may, by notice, ask the commissioner of police for the following— (a) a copy or written summary of evidentiary material about the offence; (b) if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with. (3) The college's request may include the following information— (a) the applicant's name and any other name the college believes the applicant may use or have used; (b) the applicant's gender and date and place of birth. (4) The commissioner of police may comply with a request under subsection (2) if the commissioner reasonably believes— (a) the statement, copy or summary may help the college in deciding whether the applicant is suitable to teach; and (b) the statement, copy or summary is not, or is not likely to be, in the possession or control of another entity from whom the college may request the information. (5) Without limiting subsection (4), the commissioner of police must not give the college a copy or written summary of evidentiary material about the offence that relates only to a person other than the applicant. (6) The commissioner of police must not give information, or a document containing information, to the college under this section if the commissioner is reasonably satisfied that giving the information may do any of the following— (a) prejudice the investigation of a contravention or possible contravention of the law in a particular case; (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; (c) endanger a person's life or physical safety; (d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; (e) prejudice a prosecution or another matter before a court. Note— See section 283 for restrictions on disclosing or giving access to information or documents obtained under this Act. 15A Requesting further information about interstate convictions and charges (1) This section applies if a person's criminal history obtained under section 14 or 15 includes— (a) a conviction of the person for an offence in another State, including an interstate spent conviction of the person; or (b) an interstate charge against the person. (2) The college may ask an interstate commissioner of police for a brief description of the circumstances of the conviction or charge. (3) The college's request may include the following information— (a) the applicant's name and any other name the college believes the applicant may use or have used; (b) the applicant's gender and date and place of birth. 15B Obtaining information from director of public prosecutions (1) If the college becomes aware that an applicant for registration or permission to teach has been charged with or convicted of an offence, the college may, by notice, ask the director of public prosecutions for the following— (a) a written statement briefly describing the circumstances of a charge or conviction for the offence; (b) a copy or written summary of evidentiary material about the offence; (c) if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with. (2) The college's request may include the following information— (a) the applicant's name and any other name the college believes the applicant may use or have used; (b) the applicant's gender and date and place of birth. (3) The director of public prosecutions may comply with a request under subsection (1) if the director reasonably believes the statement, copy or summary may help the college in deciding whether the applicant is suitable to teach. (4) Without limiting subsection (3), the director of public prosecutions must not give the college a copy or written summary of evidentiary material about the offence that relates only to a person other than the applicant. (5) The director of public prosecutions must not give information, or a document containing information, to the college under this section if the director is reasonably satisfied that giving the information may do any of the following— (a) prejudice the investigation of a contravention or possible contravention of the law in a particular case; (b) enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained; (c) endanger a person's life or physical safety; (d) prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law; (e) prejudice a prosecution or another matter before a court. (6) The giving of information, or a document containing information, under this section by the director of public prosecutions is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. Note— See section 283 for restrictions on disclosing or giving access to information or documents obtained under this Act. (7) Without limiting subsection (6), this section applies despite the Director of Public Prosecutions Act 1984, section 24A. 15C Obtaining information from chief executive (corrective services) (1) The chief executive (corrective services) must give the college notice of each person who is or becomes subject to a sexual offender order. (2) The notice must state the following— (a) the person's name; (b) that the person is subject to a sexual offender order; (c) any other information the chief executive (corrective services) reasonably considers is necessary for the college to perform a function or exercise a power under this chapter. (3) The chief executive (corrective services) and the college may enter into a written arrangement by which notices are given under subsection (1). (4) Without limiting subsection (3), the arrangement may provide for giving the notices electronically. (5) However, if notices under subsection (1) are to be given electronically and, under an Act, there is a limitation on who may access the information mentioned in the notices or the purposes for which that information may be used, the arrangement must provide for the limitation. (6) The disclosure of information by the chief executive (corrective services) under this section is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information. Note— See section 283 for restrictions on disclosing or giving access to information or documents obtained under this Act. (7) In this section— chief executive (corrective services) means the chief executive of the department in which the Corrective Services Act 2006 is administered. 15D Obtaining information from chief executive (employment screening) (1) This section applies if an applicant for registration or permission to teach claims to be the holder of a working with children clearance under the Working with Children Act. (2) The college may ask the chief executive (employment screening) to advise the college about— (a) whether or not the applicant is the holder of a working with children clearance under the Working with Children Act; and (b) whether or not the applicant's working with children clearance is suspended under the Working with Children Act; and (c) if the applicant is the holder of a working with children clearance under that Act that is not suspended—whether the college may need to have regard to the matters mentioned in section 11(1) for deciding whether the applicant is suitable to teach. (3) For subsection (2), the college's request may include the following information— (a) the person's name and any other name that the college believes the person may use or may have used; (b) the person's gender and date and place of birth; (c) the person's address; (d) any number or date given by the person about the working with children clearance the person holds or claims to hold. (4) The chief executive (employment screening) must comply with the request. (5) However— (a) the chief executive (employment screening) may give advice under subsection (2)(c) only if he or she is aware of police information about the person; and (b) if paragraph (a) applies, the advice must be that the college may need to have regard to the matters mentioned in section 11(1) for deciding whether the applicant is suitable to teach. (6) If the chief executive (employment screening) gives advice under subsection (2)(c) about the applicant, the advice must be accompanied by a notice stating that no adverse inference about the applicant's police information or suitability to teach may be drawn by the fact the advice was given. 16 Requirement to advise applicant of police information received (1) This section applies to information received by the college under section 15 or 15A. (2) Before using the information in deciding whether the person is suitable to teach, the college must— (a) disclose the information to the applicant; and (b) allow the applicant a reasonable opportunity to make representations to the college about the information. 17 College's power to obtain further information etc. from applicant (1) Before deciding an application for registration or permission to teach, the college may, by notice, require the applicant to give the college, within a stated reasonable time, further information or a document the college reasonably requires to decide the application. (2) The time stated in the notice must be at least 28 days after giving the notice. (3) The notice may require further information to be verified by statutory declaration. (4) The applicant may ask the college to extend the time stated in the notice. (5) The request must be— (a) in writing; and (b) made before the time ends. (6) The college must not refuse a reasonable request for an extension of time. (7) The college may give an applicant— (a) more than 1 notice under subsection (1); and (b) more than 1 extension of time. 18 Effect of failure by applicant to comply with a request for further information etc. The applicant is taken to have withdrawn the application for registration or permission to teach if— (a) the college gives the applicant a notice under section 17(1); and (b) either— (i) the applicant does not give the college the information or document required within the time required under the notice or an extension of time granted by the college; or (ii) the applicant does not verify by statutory declaration any information required under the notice to be verified by statutory declaration. 19 College may use documents or information to verify application The college may use any documents or information held or obtained by the college to verify information— (a) contained in or accompanying an application for registration or permission to teach; or (b) obtained by the college under section 17. 20 How college may decide application (1) The college must consider an application for registration or permission to teach and— (a) do any of the following— (i) for an application for full registration—grant the applicant full or provisional registration, with or without conditions; (ii) for an application for provisional registration—grant the applicant provisional registration, with or without conditions; (iii) for an application for permission to teach—grant the applicant permission to teach, with or without conditions; or (b) refuse to grant the applicant registration or permission to teach. (2) However, the college may grant the applicant registration or permission to teach with a condition only if the college is reasonably satisfied the condition is necessary to ensure the applicant meets the eligibility requirements. Examples of conditions the college might impose— • a condition requiring the applicant to complete a course • a condition requiring the supervision of the applicant • a condition restricting the subjects the applicant can teach 21 Steps to be taken after college decides application (1) If the college decides to grant the application for registration or permission to teach, as soon as practicable after the decision is made the college must— (a) give the applicant an approval notice; and (b) issue a certificate of registration or a certificate of permission to teach to the applicant. (2) However, if the applicant applied for full registration and the college decides to grant the applicant provisional registration— (a) subsection (1) does not apply; and (b) the college must— (i) give the applicant an information notice about the college's decision; and (ii) issue a certificate of registration to the applicant. (3) If the college decides not to grant the applicant registration or permission to teach, the college must as soon as practicable— (a) give the applicant an information notice about the college's decision; and (b) refund the registration fee or permission to teach fee paid by the applicant. (4) In this section— approval notice means a notice stating the following— (a) the college's decision to grant the applicant full or provisional registration, or permission to teach; (b) if the college decides to grant the registration or permission to teach with conditions— (i) the conditions and the reasons for them; and (ii) that the applicant may apply for review of the conditions under section 39; (c) if the college decides to grant the applicant permission to teach—the period of the permission to teach. Division 2 Application for full registration by holder of provisional registration 22 Application by holder of provisional registration A holder of provisional registration may apply for full registration under this division. 23 Requirements for application (1) The application must be in the approved form. (2) The application must comply with any other requirements prescribed under a regulation. 24 How college may decide application (1) The college must consider the application and— (a) grant the applicant full registration, with or without conditions; or (b) refuse to grant the applicant full registration. (2) The college may grant the application only if the college is reasonably satisfied— (a) if the applicant's provisional registration is subject to 1 or more conditions—the applicant has fulfilled all of the conditions; and (b) the applicant meets the professional practice requirements for full registration. (3) The college may grant the applicant full registration with a condition only if the college is reasonably satisfied the condition is necessary to ensure the applicant meets the eligibility requirements. 25 Steps to be taken after college decides application (1) As soon as practicable after deciding the application, the college must— (a) if it decides to grant the applicant full registration— (i) give the applicant an approval notice; and (ii) issue a certificate of registration to the applicant; or (b) if it decides not to grant the applicant full registration—give the applicant an information notice about the decision. (2) In this section— approval notice means a notice stating the following— (a) the college's decision to grant the applicant full registration; (b) if the college decides to grant the registration with conditions— (i) the conditions and the reasons for them; and (ii) that the applicant may apply for review of the conditions under section 39. Division 3 Literacy, numeracy or science tests required for certain registrations 25A Literacy, numeracy or science test may be prescribed A regulation prescribing a test for literacy, numeracy or science for full or provisional registration may provide for the following— (a) details of the matters to be tested; (b) who must take the test; (c) the times at which the test is available to be taken; (d) how often a person may take the test; (e) the fees payable for taking or retaking the test or applying for a reassessment of the test result; (f) that the college may decide the matters to be tested and publish these matters; (g) any other matter that is necessary or convenient for literacy, numeracy or science testing. 25B Person may apply for reassessment of test result (1) A person who has taken a literacy, numeracy or science test may ask the college to reassess the person's result for the test. (2) The request must— (a) be in the approved form; and (b) be made within 20 days after the person is issued with the person's result for the test; and (c) be accompanied by the reassessment fee. (3) The college must as soon as practicable reassess the person's result for the test. (4) If, after reassessing the person's result, the college decides the test result is satisfactory for registration the college must as soon as practicable— (a) issue the person with a replacement result; and (b) refund the reassessment fee to the person. (5) If, after reassessing the person's result, the college decides the test result is not satisfactory for registration, the college must give the person notice of the decision. (6) In this section— reassess, a person's test result, means to check the accuracy of the test result in the way decided by the college. 25C Application for registration may lapse after unsatisfactory test result (1) This section applies to a person who applies for registration and is required to take a literacy, numeracy or science test but does not take the test or achieve a satisfactory test result. (2) A regulation may prescribe the circumstances in which the person's application for registration lapses. 25D Definition for div 1 In this division— previously-provided police information, for a person who applies, under section 28, for renewal of full registration or permission to teach, means information that— (a) relates to the person; and (b) was given to the college under section 15 or 15A before the person applied for the renewal. Part 3 Period, and renewal or extension, of registration or permission to teach Division 1 Period and renewal of full registration and permission to teach 26 Period and renewal of full registration (1) The period of full registration is 5 years from the day the college grants the registration. (2) However, if the person to whom the registration is granted was the holder of provisional registration, the period of the full registration is reduced by the period for which the person held the provisional registration. Example— A person holds provisional registration for 1 year before being granted full registration. The initial period of the person's full registration would be 4 years. (3) At the end of the period of the registration, the registration ends. (4) However, if an application for renewal of the registration is made before the period of the registration ends, the registration is taken to continue until the application is decided. (5) Full registration may be renewed for further periods of 5 years. 27 Period and renewal of permission to teach (1) The period of a permission to teach is the period stated in the certificate of permission to teach issued to the holder of the permission. (2) The stated period must not be longer than 2 years from the day the college grants the permission. (3) Permission to teach may be renewed for further periods not longer than 2 years each. (4) However, a permission to teach may be renewed only if the holder has held the permission continuously for at least 2 years. (5) At the end of the period of the permission to teach, the permission to teach ends. (6) If an application for renewal of permission to teach is made before the period of the permission to teach ends, the permission to teach is taken to continue until the application is decided. 28 Application for renewal of full registration or permission to teach (1) A person, other than an excluded person, may apply to the college for the renewal of— (a) full registration; or (b) permission to teach. (2) The application must— (a) be made before the person's registration or permission to teach ends but not earlier than— (i) for renewing full registration—6 months before the registration ends; or (ii) for renewing permission to teach—3 months before the permission to teach ends; and (b) be in the approved form; and (c) be accompanied by each of the following— (i) documents or information, identified in the approved form, reasonably required by the college to decide the application; (ii) the annual fee; (iii) if the application is for renewal of permission to teach—the fee mentioned in section 14(2)(c). (3) Also, the application must comply with any other requirements prescribed under a regulation. (4) The approved form may require disclosure of the person's police information. (5) If the approved form requires the disclosure of the person's police information, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure. (6) Information contained in or accompanying the application must, if required by the college, be verified by statutory declaration. (7) Section 14(7) to (9) applies in relation to the application as if a reference in the section to the application were a reference to an application under this section. 29 Requirements for renewal—full registration (1) This section applies in relation to a person who applies for renewal of full registration under section 28. (2) The college may renew the person's registration if the college is reasonably satisfied— (a) the person is suitable to teach; and (b) each condition of the person's registration (if any)— (i) has been fulfilled; or (ii) is being complied with at the time the college considers the application for renewal; and (c) the person— (i) has practised as a teacher, whether or not on a full-time basis, for a period that is— (A) of at least the duration prescribed under a regulation; and (B) within the period prescribed under a regulation; or (ii) has attained experience the college recognises is the equivalent of teaching at a school for a period that is— (A) of at least the duration prescribed under a regulation; and (B) within the period prescribed under a regulation; and (d) the person has undertaken, during the relevant period of registration, the continuing professional development required for registered teachers under the CPD framework. (3) For deciding the person's application for renewal sections 15 to 19 apply, with any necessary changes, as if— (a) the application for renewal were an application for registration; and (b) the applicant for renewal were an applicant for registration; and (c) the renewal of the registration were the grant of the registration. (4) However, section 16 applies in relation to previously-provided police information for the person only if— (a) the college proposes to make a decision under section 32(1)— (i) to renew the person's registration with conditions; or (ii) to refuse to renew the person's registration; and (b) the previously-provided police information is relevant to the decision. (5) In this section— relevant period of registration means the period of the registration during which the application for renewal is made. 30 Development or recognition of CPD framework by college (1) The college must develop or recognise a framework (a CPD framework) for the continuing professional development of registered teachers. (2) In developing the framework, the college must— (a) have regard to the professional standards; and (b) consult with the chief executive and the representative entities. (3) Subsection (2) does not prevent the college consulting with another person or entity. (4) The college must give notice to all registered teachers to whom the framework is relevant of the matters provided for in the framework. (5) The framework may state any of the following, for the requirement stated in section 29(2)(d) for renewing full registration— (a) the type of continuing professional development required; (b) the minimum continuing professional development a registered teacher must undertake. (6) The college must— (a) make the framework available for inspection on its internet site; and (b) ensure copies of the framework are kept available for inspection at the office. 31 Requirements for renewal—permission to teach (1) This section applies in relation to a person who applies for renewal of permission to teach under section 28. (2) The college may renew the person's permission to teach if the college is reasonably satisfied— (a) the person is suitable to teach; and (b) each condition of the person's permission to teach (if any)— (i) has been fulfilled; or (ii) is being complied with at the time the college considers the application for renewal. (3) For deciding whether the person is suitable to teach, sections 15 to 19 apply, with any necessary changes, as if— (a) the application for renewal were an application for permission to teach; and (b) the applicant for renewal were an applicant for permission to teach; and (c) the renewal of the permission to teach were the grant of the permission to teach. (4) However, section 16 applies in relation to previously-provided police information for the person only if— (a) the college proposes to make a decision under section 32(1)— (i) to renew the person's permission to teach with conditions; or (ii) to refuse to renew the person's permission to teach; and (b) the previously-provided police information is relevant to the decision. 32 How college may decide application for renewal (1) The college must consider an application for the renewal of full registration or permission to teach and either— (a) renew the applicant's registration or permission to teach, with or without conditions; or (b) refuse to renew the applicant's registration or permission to teach. Note— For requirements relating to particular proposed decisions under this subsection to which previously-provided police information for an applicant is relevant—see sections 29(4) and 31(4). (2) The college may impose any condition under subsection (1)(a) the college considers necessary for the applicant to meet the requirements stated in section 29(2)(a), (c) or (d) or 31(2)(a). (3) If the college decides to renew the registration or permission to teach, the registration or permission to teach remains subject to the conditions to which it was subject immediately before the renewal, other than a condition that has been fulfilled. 33 Steps to be taken after college decides application (1) If the college decides to renew the applicant's full registration or permission to teach, as soon as practicable after the decision is made the college must— (a) give the applicant an approval notice; and (b) issue a certificate of registration or a certificate of permission to teach to the applicant. (2) If the college decides not to renew the applicant's full registration or permission to teach, the college must as soon as practicable give the applicant an information notice about the college's decision. (3) In this section— approval notice means a notice stating the following— (a) the college's decision to renew the applicant's full registration or permission to teach; (b) if the college decides to renew the registration or permission to teach with conditions— (i) the conditions and the reasons for them; and (ii) that the person may apply for a review of the conditions under section 39; (c) if the college decides to renew the permission to teach—the period for which the permission is renewed. Division 2 Period and extension of provisional registration 34 Period of provisional registration (1) The period of provisional registration is 2 years from the day the college grants the registration. (2) At the end of the period of the registration, the registration ends. (3) However, the registration may be extended for a further period of 2 years under section 35. 35 Option to extend provisional registration (1) A person who holds provisional registration may give the college a notice, before the period of the registration ends, stating that the holder wishes to exercise the option to extend the registration. (2) The notice must be accompanied by the annual fee. (3) If the holder gives notice under subsection (1), the college must— (a) extend the period of the holder's registration for 2 years; and (b) as soon as practicable after receiving the notice, issue a certificate of registration to the holder. (4) The period of provisional registration may be extended under this section only once. Part 4 Restoration of full registration 36 When application for restoration of full registration may be made (1) A person, other than an excluded person, whose full registration has ended may, not later than 2 months after the person's registration ended, apply to the college for restoration of the registration. (2) Despite subsection (1), the colleg