South Australia: Teachers Registration and Standards Act 2004 (SA)

South Australia Teachers Registration and Standards Act 2004 An Act to regulate the teaching profession. Contents Part 1—Preliminary 1 Short title 3 Interpretation Part 2—Object of Act 4 Object of Act Part 3—Teachers Registration Board 5 Establishment of Teachers Registration Board 6 Functions of Teachers Registration Board 7 Welfare and best interests of children paramount consideration 8 Directions by Minister 9 Membership of Teachers Registration Board 9A Presiding member 10 Terms and conditions of membership 11 Remuneration 12 Conflict of interest under Public Sector (Honesty and Accountability) Act 13 Validity of acts of Teachers Registration Board 14 Procedures of Teachers Registration Board 15 Registrar of Teachers Registration Board 15A Appointment of acting Registrar 15B Teachers Registration Board may employ staff 16 Committees 17 Delegations 18 Accounts and audit 19 Annual report Part 3A—Initial teacher education programs 19A Accreditation of initial teacher education programs Part 4—Requirement to be registered 20 Requirement to be registered Part 5—Registration 21 Eligibility for registration 22 Application for registration 23 Grant of registration 24 Conditions of registration 24A Automatic cancellation of registration of prohibited persons 25 Offence to contravene certain conditions of registration 26 Term of registration 26A Annual fee 27 Requirement for provision of information 28 Register 29 Certificates of registration Part 6—Special authority for unregistered person to teach 30 Special authority for unregistered person to teach 31 Register 31A Requirement for provision of information Part 6A—Codes of conduct and professional standards 31B Codes of conduct and professional standards 31C Recognition of quality teaching and educational leadership Part 7—Action to deal with unprofessional conduct or incapacity of teachers 32 Application and interpretation 32A Constitution of Teachers Registration Board for purposes of Part 33 Cause for disciplinary action 33A Suspension of teacher's registration if working with children check not current etc 34 Registrar may conduct investigation 34A Suspension of registration where teacher charged with certain offences or unacceptable risk to children 35 Inquiries and disciplinary action 36 Punishment of conduct that constitutes offence 37 Employer to notify Teachers Registration Board of certain matters relating to practising teachers 38 Action by Teachers Registration Board to deal with impairment of teacher's capacity 40 Notification by Registrar of action or suspension etc under Part Part 8—Provisions relating to proceedings of Teachers Registration Board 41 Application 42 Natural justice and right to be heard and to call evidence etc 43 Evidence and findings in other proceedings 44 Power to issue summons etc 45 Principles governing proceedings 46 Protection of children etc 47 Representation at proceedings 48 Counsel to assist Teachers Registration Board Part 9—Appeals 49 Right of appeal Part 9A—Information sharing 49A Disclosure of information to prevent harm 49B Sharing of information between Teachers Registration Board and certain persons and bodies Part 10—Miscellaneous 50 Provision of information by Commissioner of Police 51 Arrangements between Teachers Registration Board, DPP, and Commissioner of Police for reporting of offences 52 Notification of offences to employer etc 52A Notification to employer that teacher is a prohibited person etc 53 Confidentiality 54 False or misleading information 55 Procurement of registration by fraud 56 Self-incrimination 57 Service of documents 58 Continuing offence 59 Liability of members of governing bodies of bodies corporate 60 General defence 61 Regulations Schedule 1—Designated entities 1 Designated entities 2 Amendment of Schedule Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Teachers Registration and Standards Act 2004. 3—Interpretation In this Act— condition includes a limitation; Department means the administrative unit of the Public Service responsible for assisting a Minister in the administration of this Act; director, of a prescribed service, means the person responsible for providing educational leadership in, and managing the day‑to‑day operations of, the prescribed service; practising teacher means a person in employment for which registration is required under this Act; prescribed service means— (a) a school-based preschool or stand-alone preschool under the Education and Children's Services Act 2019 (including a stand‑alone preschool continued under Part 4 Division 3 of that Act); or (c) an education and care service under the Education and Care Services National Law (South Australia) consisting of or including pre‑school education; or (d) any other service of a kind prescribed by the regulations for the purposes of this definition; pre-school education means the provision of courses of education, training and instruction to children who have not yet attained compulsory school age (within the meaning of the Education and Children's Services Act 2019); principal of a school means the person responsible for providing educational leadership in the school and managing the day-to-day operations of the school; professional standards for teachers means professional standards for teachers required for the purposes of registration of teachers, as developed from time to time by the Teachers Registration Board; prohibited person means a prohibited person under the Child Safety (Prohibited Persons) Act 2016; registered teacher means a person registered as a teacher under Part 5; Registrar means the Registrar of the Teachers Registration Board appointed under Part 3, or a person acting in the position of the Registrar; registration includes, unless the context otherwise requires, provisional registration and renewal of registration; repealed provisions means Part 4 of the Education Act 1972, as in force from time to time before the commencement of this Act; school means a school established for the purpose of providing education at primary or secondary level, whether or not also for the purpose of providing a pre-school education; Teachers Registration Board means the Teachers Registration Board of South Australia established under Part 3; teacher regulatory authority means an authority with functions under the law of a place outside this State similar to those of the Teachers Registration Board; unique identifier, of a person, means a unique identifier issued to the person under the Child Safety (Prohibited Persons) Act 2016; unprofessional conduct means— (a) a contravention of this Act or the repealed provisions; or (b) a contravention of a condition of registration as a teacher under this Act or the repealed provisions; or (ba) a contravention of a code of conduct or professional standard published or adopted under section 31B; or (c) incompetence; or (d) disgraceful or improper conduct; working with children check means a working with children check under the Child Safety (Prohibited Persons) Act 2016. Part 2—Object of Act 4—Object of Act The object of this Act is to establish and maintain a teacher registration system and professional standards for teachers to safeguard the public interest in there being a teaching profession whose members are competent educators and fit and proper persons to have the care of children. Part 3—Teachers Registration Board 5—Establishment of Teachers Registration Board (1) The Teachers Registration Board of South Australia is established. (2) The Teachers Registration Board— (a) is a body corporate; and (b) has perpetual succession and a common seal; and (c) has the powers of a natural person and the functions and powers assigned or conferred under this or any other Act. (3) If a document appears to bear the common seal of the Teachers Registration Board, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Teachers Registration Board. 6—Functions of Teachers Registration Board The Teachers Registration Board has the following functions: (a) to administer the provisions of this Act for the regulation of the teaching profession; (ab) to accredit initial teacher education programs; (ac) to develop and maintain codes of conduct for registered teachers and persons granted a special authority to teach under this Act; (b) to promote the teaching profession, and to promote and implement professional standards for teachers; (d) to confer and collaborate with teacher employers, the teaching profession, teacher unions or other organisations and other bodies and persons with respect to requirements for teacher registration and professional and other standards for teachers; (e) to confer and collaborate with other teacher regulatory authorities to ensure effective national exchange of information and promote uniformity and consistency in the regulation of the teaching profession within Australia and New Zealand; (ea) to undertake or support reviews of research and data collection relating to the teaching profession; (eb) to recognise quality teaching and leadership in the teaching profession; (f) to keep the teaching profession, professional standards for teachers and other measures for the regulation of the profession under review and to introduce change or provide advice to the Minister as appropriate; (g) such other functions as may be assigned to the Teachers Registration Board under this Act or by the Minister. 7—Welfare and best interests of children paramount consideration The welfare and best interests of children is the paramount consideration in relation to the operation, administration and enforcement of this Act. 8—Directions by Minister (1) Subject to this section, the Minister may give directions to the Teachers Registration Board when it appears to the Minister to be necessary in the public interest. (2) The Minister— (a) may not give a direction that relates to— (i) a particular person; or (ii) a particular application or inquiry; or (iii) the performance by the Teachers Registration Board of its function of determining qualifications or experience for registration; and (b) must consult with the Teachers Registration Board before giving it a direction; and (c) must, within 3 sitting days after giving a direction, cause a copy of the direction to be laid before each House of Parliament. 9—Membership of Teachers Registration Board (1) The Teachers Registration Board consists of not less than 10 and not more than 14 members appointed by the Governor of whom— (a) at least 6 must be practising teachers, of whom— (i) 4 must be nominated by the Australian Education Union (S.A. Branch), of whom— (A) at least 1 must be practising in the area of pre-school education; and (B) at least 1 must be practising in the area of primary education; and (C) at least 1 must be practising in the area of secondary education; and (ii) 2 must be nominated by the Independent Education Union (S.A. Branch); and (b) the remaining members are members nominated by the Minister, of whom— (i) at least 1 must be a legal practitioner; and (ii) 1 must be a parent of a school student appointed to represent the community interest. (2) At least half of the members appointed under subsection (1) must be registered teachers. (3) In nominating members for appointment, the Minister must, as far as is reasonably practicable, ensure that the Teachers Registration Board consists of members who, collectively, have knowledge, skills and experience in the following areas: (a) teacher education; (b) matters affecting employers of practising teachers. (4) The Minister must, before nominating a member for appointment to the Teachers Registration Board, call for expressions of interest under a scheme determined by the Minister for the purposes of this subsection. (5) The Minister must, before nominating a member for appointment to the Teachers Registration Board, in accordance with any requirements set out in the regulations, have regard to any submissions made by a designated entity in respect of a proposed nomination. (6) The Minister must ensure, as far as practicable, that the persons appointed under subsection (1) consist of equal numbers of women and men. (7) A person is not eligible to be appointed to the Teachers Registration Board unless a working with children check has been conducted in relation to the person within the preceding 5 years. (8) In this section— designated entity means a person or body referred to in Schedule 1. 9A—Presiding member The Governor may, on the recommendation of the Minister, appoint 1 of the members of the Teachers Registration Board to be the presiding member of the Teachers Registration Board and 1 to be the deputy presiding member. 10—Terms and conditions of membership (1) A member of the Teachers Registration Board will be appointed on conditions determined by the Governor and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment (however a member cannot hold office for consecutive terms that exceed 9 years in total). (2) The Governor may appoint a person to be a temporary member of the Teachers Registration Board for a period not exceeding 6 months. (3) A temporary member of the Teachers Registration Board may act as a member of the Board— (a) if a vacancy arises in the membership of the Board; or (b) during any period of absence of a member of the Board. (4) The Governor may appoint a person to be the deputy of the following members of the Teachers Registration Board: (a) a member appointed in accordance with section 9(1)(a); (b) a member appointed in accordance with section 9(1)(b)(i), and the deputy may act as a member of the Board during any period of absence of the member. (5) The Governor may remove a member of the Teachers Registration Board from office— (a) for breach of, or non-compliance with, a condition of appointment; or (ab) if a working with children check has not been conducted in relation to the member within the preceding 5 years; or (b) for misconduct; or (c) for failure or incapacity to carry out official duties satisfactorily. (6) The office of a member of the Teachers Registration Board becomes vacant if the member— (a) dies; or (b) completes a term of office and is not reappointed; or (c) resigns by written notice to the Minister; or (ca) becomes a prohibited person (including where the member becomes a prohibited person by force of section 15 of the Child Safety (Prohibited Persons) Act 2016 on the day that section comes into operation); or (d) is removed from office under subsection (5). (7) A member of the Teachers Registration Board may continue to act as a member of the Board despite the expiry of his or her term of office for the purpose of continuing and completing the hearing of an application under Part 5 or an inquiry under Part 7. 11—Remuneration A member of the Teachers Registration Board is entitled to remuneration, allowances and expenses determined by the Governor. 12—Conflict of interest under Public Sector (Honesty and Accountability) Act A member of the Teachers Registration Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in the matter that is shared in common with teachers generally or a substantial section of teachers in this State, or schools or kindergartens generally or substantial section of schools or kindergartens. 13—Validity of acts of Teachers Registration Board An act or proceeding of the Teachers Registration Board or a committee of the Teachers Registration Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member. 14—Procedures of Teachers Registration Board (1) A quorum of the Teachers Registration Board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1 . (2) If the presiding member and deputy presiding member of the Teachers Registration Board are both absent from a meeting of the Board, a member chosen by the members present at the meeting will preside. (3) A decision carried by a majority of the votes cast by the members present at a meeting of the Teachers Registration Board is a decision of the Board. (4) Each member present at a meeting of the Teachers Registration Board has 1 vote on any question arising for decision. (5) A conference by telephone or other electronic means between the members of the Teachers Registration Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if— (a) notice of the conference is given to all members in the manner determined by the Board for the purpose; and (b) each participating member is capable of communicating with every other participating member during the conference. (6) A proposed resolution of the Teachers Registration Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if— (a) notice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and (b) a majority of the members express concurrence in the proposed resolution by letter, facsimile transmission, e-mail or other written communication setting out the terms of the resolution. (7) The Teachers Registration Board must have accurate minutes kept of its meetings. (8) Subject to this Act, the Teachers Registration Board may determine its own procedures. 15—Registrar of Teachers Registration Board (1) There will be a Registrar of the Teachers Registration Board. (2) The Registrar will be appointed by the Governor. (4) The Registrar is responsible for— (a) managing the staff and resources of the Teachers Registration Board; and (b) giving effect to the policies and decisions of the Board; and (c) carrying out such other functions as may be conferred on the Registrar under this or any other Act. 15A—Appointment of acting Registrar (1) The Teachers Registration Board may appoint a person to act as the Registrar during any period for which— (a) no person is for the time being appointed as the Registrar; or (b) the Registrar is absent from, or unable to discharge, official duties. (3) The terms and conditions of appointment of the person appointed to act as the Registrar will be determined by the Teachers Registration Board. 15B—Teachers Registration Board may employ staff (1) The Teachers Registration Board may employ such staff as the Teachers Registration Board thinks appropriate. (2) The terms and conditions of employment of a person employed under subsection (1) will be determined by the Teachers Registration Board. (3) A person employed under this section is not a Public Service employee. (4) The Teachers Registration Board may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit. 16—Committees (1) The Teachers Registration Board may establish committees— (a) to advise the Board on any matter; or (b) to carry out functions on behalf of the Board. (2) The procedures to be observed in relation to the conduct of the business of a committee will be— (a) as determined by the Teachers Registration Board; (b) insofar as a procedure is not determined under paragraph (a)—as determined by the relevant committee. (3) The regulations may make further provision in relation to committees (including, without limiting the generality of this subsection, provisions allowing persons other than Board members to be appointed to a committee established for the purposes of Part 5 or 7). 17—Delegations (1) The Teachers Registration Board may delegate a function or power of the Board under this Act to— (a) a member of the Board; or (b) the Registrar; or (c) a committee of the Board. (2) The Teachers Registration Board may only delegate the holding of an inquiry under Part 7 to a committee that is comprised of not less than 3 persons, of whom— (a) 2 must be members of the Board (1 of whom must be a practising teacher); and (b) 1 must be a legal practitioner (whether or not a member of the Board). (2a) The Registrar may delegate a function or power of the Registrar under this Act to a specified person or body. (3) A delegation under this section— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in any matter; and (d) is revocable at will. 18—Accounts and audit (1) The Teachers Registration Board must keep proper accounting records in relation to its financial affairs, and must have annual statements of account prepared in respect of each financial year. (2) The Auditor-General may at any time, and must at least once in each year, audit the accounts of the Teachers Registration Board. 19—Annual report (1) The Teachers Registration Board must, on or before 30 September in each year, deliver to the Minister a report on the administration of this Act and the work of the Board during the 12 months ending on the preceding 30 June. (2) The report must— (a) incorporate the audited accounts of the Teachers Registration Board for the relevant financial year; and (b) include details of any delegation of a function or power of the Teachers Registration Board that was in operation during the relevant financial year. (3) The Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament. Part 3A—Initial teacher education programs 19A—Accreditation of initial teacher education programs (1) The Teachers Registration Board may, on the application of a person or body, accredit a program of initial teacher education in accordance with this section. (2) An application under this section— (a) must be made in a manner and form determined by the Teachers Registration Board; and (b) must be accompanied by such documents and information as may be reasonably required by the Teachers Registration Board; and (c) must be accompanied by the prescribed fee. (3) In determining an application under this section, the Teachers Registration Board— (a) must apply the prescribed accreditation standards (and may apply such other standards or requirements as the Teachers Registration Board thinks appropriate); and (b) must comply with any other requirements set out in the regulations. (4) In this section— prescribed accreditation standards means the accreditation standards prescribed by the regulations, as in force from time to time. Part 4—Requirement to be registered 20—Requirement to be registered (1) A person must not, for payment or other consideration, personally provide, or offer to provide, pre-school education, or primary or secondary education, unless the person is a registered teacher. Maximum penalty: $5 000. (2) A person must not perform the duties of a principal at a school, or of a director of a prescribed service, unless the person is a registered teacher. Maximum penalty: $5 000. (3) A person (the employer) must not— (a) employ a person (the employee)— (i) to personally provide, or offer to provide, pre-school education, or primary or secondary education; or (ii) as a principal of a school; or (iii) as a director of a prescribed service; or (b) require or allow a person employed by the employer (the employee) to— (i) personally provide, or offer to provide, pre-school education, or primary or secondary education; or (ii) perform the duties of a principal of a school; or (iii) perform the duties of a director of a prescribed service, unless the employee is a registered teacher. Maximum penalty: $10 000. (4) However, subsections (1) to (3) (inclusive) do not apply in relation to— (a) a person acting in accordance with a special authority to teach granted by the Teachers Registration Board under Part 6; or (b) a person, or person of a class, prescribed by the regulations. (5) For the purposes of subsection (3)(a), a reference to employing a person will, in the case where an employee's registration as a teacher is suspended or cancelled, or the person is disqualified from being registered as a teacher, after their initial employment, be taken not to include a reference to the continued employment of the person. (6) A person must not claim to be a registered teacher unless the person is, in fact, a registered teacher. Maximum penalty: $5 000. Part 5—Registration 21—Eligibility for registration (1) Subject to this Act, a person is eligible for registration as a teacher if— (a) the person has qualifications and experience— (i) prescribed by regulation; or (ii) determined by the Teachers Registration Board to be appropriate for registration; and (b) the person has met any other requirements for registration— (i) prescribed by regulation or contained in professional standards for teachers; or (ii) determined by the Teachers Registration Board to be necessary for registration; and (c) a working with children check has been conducted in relation to the person within the preceding 5 years; and (d) the person is not a prohibited person; and (e) the person is otherwise a fit and proper person to be a registered teacher. (2) Subject to this Act, a person is eligible for provisional registration as a teacher if the person does not have the necessary experience but is otherwise eligible for registration under subsection (1). 22—Application for registration (1) An application for registration as a teacher must— (a) be made to the Teachers Registration Board in the manner and form prescribed by regulation or approved by the Board; and (b) be accompanied by the prescribed fee. (2) An applicant for registration must— (a) consent to the conduct by the Teachers Registration Board of a criminal record check relating to the applicant; and (ab) provide evidence of a kind determined by the Board that a working with children check has been conducted in relation to the applicant within the preceding 5 years; and (b) if the Board so requires for the purpose of determining whether the applicant's capacity to teach is seriously impaired by an illness or disability affecting the applicant's behaviour or competence as a teacher— (i) submit to a medical examination by a medical practitioner selected by the applicant from a panel of medical practitioners nominated by the Board; and (ii) provide, or authorise the medical practitioner to provide, a report on the results of the medical examination to the Board; and (c) provide the Board with any information required by the Board for the purposes of determining the application, verified, if the Board so requires, by statutory declaration. (3) An applicant for registration must pay, in addition to the prescribed fee, an amount specified by the Teachers Registration Board, being an amount payable by the Board for the conduct by the Board of a criminal record check relating to the applicant. (4) An application for renewal of registration must be made not less than 1 month before the expiry of the registration. 23—Grant of registration (1) The Teachers Registration Board may, on application under this Part, grant registration to the applicant if satisfied that the applicant is eligible for registration as a teacher. (2) The Teachers Registration Board may, on application under this Part, grant provisional registration to the applicant if satisfied that the applicant is eligible for provisional registration as a teacher. (3) The Teachers Registration Board may, on application under this Part, grant provisional registration to the applicant if— (a) the applicant has the necessary qualifications and experience but has not met requirements under section 21(1)(b); and (b) the Board is satisfied that the applicant should be granted provisional registration. (4) The Teachers Registration Board is not required, if it has assessed a person's qualifications or experience to be appropriate for registration, to assess the person's qualifications or experience again on a subsequent application by the person. 24—Conditions of registration (a1) It is a condition of every registration that a working with children check be conducted in relation to the person at least once in each 5 year period. (1) The Teachers Registration Board may impose conditions of registration which may include (but are not limited to) the following: (a) conditions requiring the person to complete a course or acquire experience as a teacher; (b) conditions requiring the supervision of the person; (c) conditions restricting the subjects that the person may teach; (d) conditions restricting the education that the person may provide; (e) conditions limiting the period for which the registration remains in force; (f) conditions requiring the provision of further evidence as to competence. (2) Without limiting the effect of subsection (1), the Teachers Registration Board must— (a) make it a condition of every registration that— (i) if the person is charged with or convicted of an offence of a kind specified in the condition (which may include offences under the law of South Australia or elsewhere), the person must, within 14 days, give written notice of the charge or conviction to the Board containing the details specified in the condition; and (ii) if the person is dismissed from employment as a practising teacher in response to allegations of unprofessional conduct, or resigns from employment as a practising teacher following allegations of unprofessional conduct, the person must, within 14 days, give written notice of the person's dismissal or resignation to the Board containing the details specified in the condition; and (iia) if the person is dismissed from employment as a practising teacher in response to allegations of incompetence (however described), or resigns from employment as a practising teacher following allegations of incompetence (however described), the person must, within 14 days, give written notice of the person's dismissal or resignation to the Board containing the details specified in the condition; and (iii) if the person is dismissed from any employment in response to allegations of improper conduct relating to a child, or resigns from employment following allegations of improper conduct relating to a child, the person must, within 14 days, give written notice of the person's dismissal or resignation to the Board containing the details specified in the condition; and (b) make it a condition of every provisional registration that the person acquire the experience or meet the requirements (as the case may be) necessary for the person to be eligible for registration under section 21(1); and (c) make it a condition of every registration that if— (i) the person becomes a prohibited person; or (ii) more than 5 years have elapsed since a working with children check has been conducted in relation to the person, the person must, within 14 days after the person becomes aware of the fact, give written notice of that fact to the Board containing the details specified in the condition. (3) The Teachers Registration Board may, on application or by written notice, vary or revoke a condition (other than the condition imposed by subsection (a1)), or impose a condition, of a person's registration as a teacher. 24A—Automatic cancellation of registration of prohibited persons (1) Subject to this section, the registration of a teacher is, by force of this section, cancelled if the teacher becomes a prohibited person. (2) The cancellation of a teacher's registration under this section will be taken to have effect— (a) in the case where the teacher becomes a prohibited person on the issue of a prohibition notice under the Child Safety (Prohibited Persons) Act 2016—on the day the prohibition notice is issued to the person under that Act; or (b) in the case where the teacher becomes a prohibited person by virtue of having been prohibited from working with children under a law of the Commonwealth, or of another State or Territory—on the day from which the teacher is so prohibited; or (c) in the case where the teacher becomes a prohibited person by virtue of having been found guilty of a prescribed offence (within the meaning of the Child Safety (Prohibited Persons) Act 2016) committed as an adult—on the day on which the finding of guilt is made. (3) If the issue of the prohibition notice to the teacher is set aside by the South Australian Civil and Administrative Tribunal or any other court, the cancellation of the teacher's registration under this section will be taken to be void and of no effect (and the Teachers Registration Board must take steps as may be necessary to give effect to this subsection). 25—Offence to contravene certain conditions of registration If a registered teacher contravenes a condition of the person's registration that requires the Teachers Registration Board to be notified of a matter or imposes a restriction on the practice of teaching by the person, the person is guilty of an offence. Maximum penalty: $5 000. Expiation fee: $315. 26—Term of registration (1) Subject to this Act, registration as a teacher remains in force— (a) until 31 January in the fifth year following the year in which the registration was granted or last renewed; or (b) if the registration is subject to a condition limiting the period for which it remains in force to a lesser period—for that period. (2) The Teachers Registration Board may, if it thinks fit, on granting registration, determine that the term of the registration commences from the end of a preceding term of registration. 26A—Annual fee (1) A registered teacher (including a teacher whose registration has been suspended) must, in each year, pay to the Teachers Registration Board an annual fee in accordance with the regulations. (2) Without limiting the matters that may be dealt with in the regulations, the regulations may— (a) prescribe the fee; and (b) fix the day of the month on or before which the fee is to be paid in each year; and (c) fix the period of 12 months (the annual fee period) in respect of which the fee is to be paid; and (d) make provisions of a saving or transitional nature in respect of annual fees. (3) If a registered teacher fails to pay the annual fee in accordance with the regulations, the Teachers Registration Board may, by written notice, require the registered teacher to make good the default as specified in the notice and, in addition, pay to the Teachers Registration Board the amount prescribed as a penalty for default. (4) If a registered teacher fails to comply with a notice under subsection (3), the Teachers Registration Board may, by further written notice, suspend the teacher's registration until the notice has been complied with. 27—Requirement for provision of information (1) The Teachers Registration Board or the Registrar may, at any time, require a registered teacher or the employer or a former employer of a registered teacher to provide information relating to the teacher or the teacher's employment. (2) A person who fails to comply with a requirement under this section is guilty of an offence. Maximum penalty: $5 000. Expiation fee: $315. (3) For the purposes of this section, a reference to a registered teacher will be taken to include a reference to a person who was, but is no longer, a registered teacher. 28—Register (1) The Teachers Registration Board must keep a register of persons registered under this Part. (2) The register must include, in relation to each registered person— (a) the person's full name, personal address and business address (if any); and (b) the qualifications for registration held by the person; and (ba) the person's unique identifier; and (bb) details of the most recent working with children check conducted in relation to the person (if known); and (bc) details of any highly accomplished or lead teacher certification held by the person from time to time; and (c) details of any specialist qualifications held by the person and determined by the Teachers Registration Board to be appropriate for inclusion on the register; and (d) details of any condition of the person's registration; and (e) the expiry date of the person's registration; and (f) the person's registration number; and (g) details concerning the outcome of any action taken against the person by the Board under Part 7, and may include other information as the Board thinks fit. (3) The Registrar will be responsible to the Teachers Registration Board for the form and maintenance of the register. (4) A registered person must, within 28 days after changing name or address, inform the Registrar in writing of the change. Maximum penalty: $1 250. Expiation fee: $160. (4a) A registered person must, as soon as is reasonably practicable after a working with children check is conducted in relation to the person (but in any event within 7 days), inform the Registrar in writing of that fact, and provide such details relating to the working with children check as the Registrar may require. (5) The Registrar may remove or correct an entry in the register as required without giving notice to any person. (6) The Registrar must— (a) make a record of the full name of each registered teacher and the information entered in the register under subsection (2)(b), (c), (d), (e) and (f) in relation to the teacher available for inspection on application to the Registrar; and (b) make a record of the full name of each registered teacher and the information entered in the register under subsection (2)(e) and (f) in relation to the teacher available for inspection on a website established by the Board. (7) An apparently genuine document purporting to be signed by the Registrar stating that, at a specified date, or during a specified period— (a) a specified person was registered under this Part unconditionally or subject to specified conditions; or (b) a specified person was not registered under this Part, will, in any legal proceedings, constitute proof of the matters stated in the document in the absence of proof to the contrary. 29—Certificates of registration (1) The Registrar must, on the registration of a person as a teacher, issue to the person a certificate of registration in a form approved by the Teachers Registration Board that includes the following information: (a) the person's full name and registration number; and (b) the conditions (if any) of the registration; and (c) the expiry date of the registration; and (d) any other information the Board thinks fit. (2) A registered teacher must, within 28 days after— (a) a condition of the person's registration has been varied or revoked; or (b) any other change in the information recorded in the certificate of registration has occurred; or (c) the registration has been suspended or cancelled, return the certificate of registration to the Registrar. Maximum penalty: $1 250. Expiation fee: $160. (3) On receipt of a certificate of registration under subsection (2), the Registrar must— (a) if the person's registration has been cancelled, destroy the certificate; or (b) if the person's registration has been suspended, retain the certificate until the end of the period of suspension, and then return the certificate to the person; or (c) in any other case, unless the Registrar determines otherwise, alter the certificate or issue a new certificate. Part 6—Special authority for unregistered person to teach 30—Special authority for unregistered person to teach (1) The Teachers Registration Board may, on application by a person who is not a registered teacher, in its discretion, grant the applicant a special authority to teach for a period and subject to conditions specified by the Board (which must include conditions limiting the places or circumstances in which the person may teach under the special authority). (1a) It is a condition of every special authority that a working with children check be conducted in relation to the person at least once in each 5 year period. (2) Without otherwise limiting the discretion of the Board under subsection (1), the Teachers Registration Board may only grant a person a special authority if— (a) the person is not a prohibited person under the Child Safety (Prohibited Persons) Act 2016; and (b) a working with children check has been conducted in relation to the person within the preceding 5 years; and (c) the person consents to the conduct by the Board of a criminal record check relating to the person; and (ca) the person is otherwise a fit and proper person to be granted a special authority to teach; and (d) the person has met any other requirements prescribed by regulation for the purposes of this subsection. (3) An application for a special authority must— (a) be made to the Teachers Registration Board in the manner and form approved by the Board; and (ab) be accompanied by evidence of a kind determined by the Board that a working with children check has been conducted in relation to the person within the preceding 5 years; and (b) be accompanied by the prescribed fee. (3a) An applicant for a special authority must pay, in addition to the prescribed fee, an amount specified by the Teachers Registration Board, being an amount payable by the Board for the conduct by the Board of a criminal record check relating to the applicant. (4) An applicant for a special authority must provide the Teachers Registration Board with any information required by the Board for the purposes of determining the application, verified, if the Board so requires, by statutory declaration. (5) The Teachers Registration Board may, in its discretion and without any requirement for a hearing or other process, by written notice to the holder of a special authority, vary or revoke the special authority. 31—Register (1) The Teachers Registration Board must keep a register of persons granted a special authority to teach under this Part. (2) The register must include, in relation to each such person— (a) the person's full name, personal address and business address (if any); and (b) the qualifications (if any) held by the person determined by the Teachers Registration Board to be relevant to the person's activities under the special authority to teach; and (c) the number of the person's special authority to teach; and (d) the person's unique identifier; and (e) details of the most recent working with children check conducted in relation to the person (if known); and (f) details of any condition of the person's special authority to teach; and (g) the expiry date of the person's special authority to teach; and (h) details concerning the outcome of any action taken against the person by the Board under this Act, and may include other information as the Teachers Registration Board thinks fit. (3) The Registrar will be responsible to the Teachers Registration Board for the form and maintenance of the register. (4) The holder of a special authority to teach must, within 28 days after changing name or address, inform the Registrar in writing of the change. Maximum penalty: $1 250. Expiation fee: $160. (5) The holder of a special authority to teach must, as soon as is reasonably practicable after a working with children check is conducted in relation to the person (but in any event within 14 days), inform the Registrar in writing of that fact, and provide such details relating to the working with children check as the Registrar may require. (6) The Registrar may remove or correct an entry in the register as required without giving notice to any person. (7) The Registrar must— (a) make a record of the full name of each person granted a special authority to teach and the information entered in the register under subsection (2)(b), (f) and (g) in relation to the teacher available for inspection on application to the Registrar; and (b) make a record of the full name of each person granted a special authority to teach and the information entered in the register under subsection (2)(f) and (g) in relation to the person available for inspection on a website established by the Teachers Registration Board. (8) An apparently genuine document purporting to be signed by the Registrar stating that, at a specified date, or during a specified period— (a) a specified person was the holder of a special authority to teach granted under this Part that was unconditional or subject to specified conditions; or (b) a specified person was not the holder of a special authority to teach granted under this Part, will, in any legal proceedings, constitute proof of the matters stated in the document in the absence of proof to the contrary. 31A—Requirement for provision of information (1) The Teachers Registration Board or the Registrar may, at any time, require a holder of a special authority to teach, or the employer or a former employer of such a person, to provide information relating to the person or the person's employment. (2) A person who fails to comply with a requirement under this section is guilty of an offence. Maximum penalty: $5 000. Expiation fee: $315. (3) For the purposes of this section, a reference to a holder of a special authority to teach will be taken to include a reference to a person who was, but is no longer, the holder of a special authority to teach. Part 6A—Codes of conduct and professional standards 31B—Codes of conduct and professional standards (1) The Teachers Registration Board may, by notice in the Gazette, publish or adopt codes of conduct and professional standards (or both) for the purposes of this Act. (2) The Teachers Registration Board may, from time to time, by notice in the Gazette, vary, substitute or revoke a code of conduct published or adopted under this section. (3) A copy of any code of conduct published or adopted under this section, as varied or substituted from time to time— (a) must be published on a website determined by the Teachers Registration Board; and (b) must be made available for inspection without charge at the place or places determined by the Teachers Registration Board. 31C—Recognition of quality teaching and educational leadership (1) The Teachers Registration Board may, in accordance with any requirements set out in the regulations— (a) accredit, certify or otherwise recognise attainment by teachers of levels of proficiency and accomplishment in the teaching profession and educational leadership; and (b) vary or revoke an accreditation, certificate or other recognition; and (c) publish information about an accreditation, certificate or other recognition, or a variation or revocation of an accreditation, certificate or other recognition. (2) Without limiting the generality of the regulations that may be made under subsection (1), the regulations may apply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Teachers Registration Board or another specified person or body. Part 7—Action to deal with unprofessional conduct or incapacity of teachers 32—Application and interpretation (1) This Part applies to conduct engaged in by a teacher whether before or after the commencement of this Act and whether within or outside South Australia. (2) In this Part— teacher means a person who is or has been employed as a teacher whether or not the person is or has been registered as a teacher under this Act or the repealed provisions. 32A—Constitution of Teachers Registration Board for purposes of Part Except where the contrary intention appears, the Teachers Registration Board may, in exercising a function or power under this Part, be constituted of not less than 3 members, 1 of whom must be a practising teacher and 1 a legal practitioner. 33—Cause for disciplinary action (1) There is proper cause for disciplinary action against a teacher if— (a) the teacher has improperly obtained registration as a teacher; or (b) the teacher has been guilty of unprofessional conduct; or (ba) a working with children check has not been conducted in relation to the teacher within the preceding 5 years; or (c) the teacher is not a fit and proper person to be a registered teacher; or (d) the teacher's registration or other authority to teach has been suspended, cancelled or otherwise withdrawn by another teacher regulatory authority. (2) In determining whether there is proper cause for disciplinary action against a teacher, regard may be had to any evidence of the teacher's conduct that the Teachers Registration Board considers relevant (no matter when the conduct is alleged to have occurred), including information that existed at the time of registration, or extension of registration, of the teacher under this Act or the repealed provisions, regardless of whether that information was before or could have been before the registering body at that time. 33A—Suspension of teacher's registration if working with children check not current etc (1) The Registrar may, if satisfied that a working with children check has not been conducted in relation to a registered teacher within the preceding 5 years, by notice in writing served personally on the teacher, suspend (without any requirement for a hearing or other process) the registration of the teacher. (2) A suspension under this section has effect— (a) until the fulfilment of specified conditions or until further order of the Teachers Registration Board or Registrar; or (b) if the teacher's registration is cancelled under section 35(2)—until that cancellation has effect, whichever occurs first. (3) To avoid doubt, a suspension of a teacher's registration under this section has effect whether or not an appeal has, or is to be, instituted against the decision to suspend the registration of the teacher. 34—Registrar may conduct investigation (1) The Registrar, or a person authorised by the Registrar, may, for the purpose of determining whether there is a basis for the Registrar to make a complaint to the Teachers Registration Board under this Part, require a person— (a) to answer questions and to be present or attend a specified place and time for that purpose; (b) to provide information or to produce material for inspection. (1a) A person who fails, without reasonable excuse, to comply with a requirement under subsection (1) is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 1 year. (1b) Without limiting subsection (1) or any other provision of this Act, the Registrar, or a person authorised by the Registrar, may, if the Registrar has reasonable grounds to suspect that a teacher's capacity to teach is seriously impaired by an illness or disability affecting the teacher's behaviour or competence as a teacher, require the teacher to— (a) submit to a medical examination by a medical practitioner selected by the teacher from a panel of medical practitioners nominated by the Teachers Registration Board; and (b) provide, or authorise the medical practitioner to provide, a report on the results of the medical examination to the Registrar. (2) The Registrar or other person acting under this section may retain any material produced under this section for such reasonable period as he or she thinks fit, and make copies of the material, or any of its contents. (3) The Teachers Registration Board may, if a teacher refuses or fails to comply with a requirement under this section, suspend (without any requirement for a hearing or other process) the registration of the teacher. (3a) A suspension under this section has effect— (a) until the fulfilment of specified conditions or until further order of the Teachers Registration Board; or (b) if the teacher's registration is cancelled under section 35(2)—until that cancellation has effect, whichever occurs first. (3b) To avoid doubt, a suspension of a teacher's registration under this section has effect whether or not an appeal has, or is to be, instituted against the decision to suspend the registration of the teacher. (4) This section does not limit or affect a power of investigation or inquiry that exists apart from this section. 34A—Suspension of registration where teacher charged with certain offences or unacceptable risk to children (1) The Registrar may, by notice in writing served personally on a registered teacher— (a) suspend the registration of the teacher; or (b) vary the conditions of the teacher's registration (including by imposing conditions), if— (c) the Registrar becomes aware that the teacher has been charged with a prescribed offence; or (d) the Registrar reasonably suspects that the teacher poses an unacceptable risk to children. (2) The Teachers Registration Board must, not later than 60 days after a notice is served on a teacher under subsection (1), review the suspension or variation (as the case requires) and may, on completion of the review— (a) confirm the suspension or variation; or (b) cancel the suspension or variation. (3) If the Teachers Registration Board refuses or fails to conduct a review within the period required under subsection (2), the suspension or variation (as the case requires) will, by force of this subsection, be taken to be cancelled at the end of that period. (4) Subject to this section, a suspension or variation under this section has effect until— (a) if an inquiry is commenced under section 35 in respect of the matter to which the suspension or variation relates— (i) if the Teachers Registration Board determines that there is proper cause for disciplinary action against the teacher in relation to the matter—the Teachers Registration Board takes action under section 35(2); (ii) if the Teachers Registration Board determines that there is no proper cause for disciplinary action against the teacher in relation to the matter—that determination; or (b) 120 days after the day on which the last charge to which the suspension or variation relates has been withdrawn or finally determined by a court; or (c) it is cancelled under subsection (2), (3) or (6), whichever occurs first. (5) This section applies— (a) in relation to conduct occurring before or after the commencement of this section; or (b) whether the teacher was charged with the relevant prescribed offence before or after the commencement of this section. (6) The Teachers Registration Board may, on application, or by written notice at any time (including on a review by the Board under subsection (2)), cancel a suspension, or vary or cancel a condition varied or imposed on the registration of a teacher, under this section. (8) For the purposes of this section, the Registrar and the Teachers Registration Board— (a) are not (except in a review under subsection (2)) required to provide procedural fairness; and (b) are not bound by the rules of evidence and may inform themselves on any matter as they think fit; and (c) may, subject to this Act, determine their own procedures. 35—Inquiries and disciplinary action (1) The Teachers Registration Board may, on complaint by the Registrar or of its own motion, hold an inquiry to determine whether conduct of a teacher constitutes proper cause for disciplinary action. (2) If, after conducting an inquiry under this section, the Teachers Registration Board is satisfied on the balance of probabilities that there is proper cause for disciplinary action against the teacher, the Board may do one or more of the following: (a) reprimand the teacher; (b) order the teacher to pay a fine not exceeding $5 000; (c) in the case of a registered teacher— (i) impose conditions of the teacher's registration; (ii) suspend the teacher's registration for a specified period or until the fulfilment of specified conditions or until further order; (iii) cancel the teacher's registration with immediate effect or effect at a future specified date; (d) disqualify the teacher from being registered as a teacher permanently or for a specified period or until the fulfilment of specified conditions or until further order. (3) A fine imposed under subsection (2) is recoverable by the Teachers Registration Board as a debt. 36—Punishment of conduct that constitutes offence (1) If conduct constitutes an offence and also proper cause for disciplinary action, the taking of disciplinary action under this Part is not a bar to conviction and punishment for the offence, nor is conviction and punishment for the offence a bar to disciplinary action under this Part. (2) However, if— (a) a person has been found guilty of an offence; and (b) circumstances of the offence are the subject matter of an inquiry under this Part, the person is not liable to a fine under this Part in respect of conduct giving rise to the offence. 37—Employer to notify Teachers Registration Board of certain matters relating to practising teachers (1) An employer of a practising teacher must notify the Teachers Registration Board if— (a) the employer dismisses the teacher for 1 or more of the following reasons: (i) the teacher is a prohibited person; (ii) a working with children check has not been conducted in relation to the teacher within the preceding 5 years; (iii) in response to an allegation of unprofessional conduct made against the teacher; (iv) incompetence (however described); (v) any other reason prescribed by the regulations; or (b) the employer accepts the resignation of the teacher arising out of 1 or more of the reasons referred to in paragraph (a). (2) An employer of a practising teacher must notify the Teachers Registration Board if the employer becomes aware of any of the following in relation to the teacher: (a) that the teacher's capacity to teach is, or may be, seriously impaired by an illness or disability affecting the person's behaviour or competence as a teacher; (b) that an allegation of unprofessional conduct is made against the teacher; (c) the teacher is not, in the opinion of the employer, a fit and proper person to be a registered teacher; (d) any other matter of a kind prescribed by the regulations. (3) A person who was, but is no longer, the employer of a practising teacher must notify the Teachers Registration Board if the person becomes aware of any of the following in relation to the teacher within the 12 months immediately after the person ceases to be the employer of the teacher: (a) that an allegation of unprofessional conduct is made against the teacher; (b) any other matter of a kind prescribed by the regulations. (4) A notification under this section— (a) must be made in a manner and form determined by the Teachers Registration Board; and (b) must be made as soon as is reasonably practicable (and in any case within 7 days) after the employer becomes aware of the relevant matter; and (c) must include such information as may be reasonably required by the Teachers Registration Board in respect of notifications of the relevant kind; and (d) must comply with any other requirements in the regulations. (5) A person who, without reasonable excuse, refuses or fails to comply with a requirement under this section is guilty of an offence. Maximum penalty: $10 000. (6) No liability attaches to an employer or other person in respect of a notification made, or purportedly made, under this section. (7) For the purposes of this section, a reference to a registered teacher or teacher will be taken to include a reference to a person granted a special authority to teach under Part 6 (whether or not the special authority has expired). 38—Action by Teachers Registration Board to deal with impairment of teacher's capacity (1) The Teachers Registration Board may, on complaint by the Registrar or of its own motion, hold an inquiry to determine whether a teacher's capacity to teach is seriously impaired by an illness or disability affecting the person's behaviour or competence as a teacher. (2) The Teachers Registration Board may, during the course of an inquiry under this section, require the teacher— (a) to undergo a medical examination by a medical practitioner selected by the teacher from a panel of medical practitioners nominated by the Board; and (b) to provide, or authorise the medical practitioner to provide, a report on the results of the medical examination to the Board. (3) If the teacher refuses or fails, without reasonable excuse, to comply with a requirement under subsection (2), the Teachers Registration Board may suspend the teacher's registration until the teacher complies with the requirement. (4) The Teachers Registration Board must furnish the teacher with a copy of any report on the results of a medical examination required under this section. (5) If, after conducting an inquiry under this section, the Teachers Registration Board is satisfied on the balance of probabilities that the teacher's capacity to teach is seriously impaired by an illness or disability affecting the person's behaviour or competence as a teacher, the Board may do one or more of the following: (a) impose conditions of the teacher's registration; (b) suspend the teacher's registration for a specified period or until the fulfilment of specified conditions or until further order; (c) cancel the teacher's registration with immediate effect or effect at a future specified date. 40—Notification by Registrar of action or suspension etc under Part (1) The Registrar must, as soon as practicable, give notice of the commencement of an inquiry under this Part, and then of the outcome of the inquiry, to— (a) the person's employer if the person to whom the inquiry relates is a practising teacher; and (b) the chief executives of the Department, the Catholic Education Office and the Association of Independent Schools of South Australia Incorporated; and (d) the other teacher regulatory authorities in Australia and New Zealand; and (e) the central assessment unit under the Child Safety (Prohibited Persons) Act 2016; and (f) any other person or body prescribed by the regulations for the purposes of this paragraph. (2) Without limiting subsection (1), the Registrar must, as soon as practicable after suspending the registration of a teacher, or varying the conditions of a teacher's registration, under Part 5 or section 34A, give notice of that fact to each of the persons and bodies referred to in subsection (1). (3) Without limiting a preceding subsection, the Registrar may, after suspending the registration of a teacher under section 33A, give notice of that fact to each of the persons and bodies referred to in subsection (1). Part 8—Provisions relating to proceedings of Teachers Registration Board 41—Application (1) This Part applies to proceedings of the Teachers Registration Board— (a) on an application under Part 5; or (b) on an inquiry under Part 7. (1a) This Part does not apply to proceedings of the Teachers Registration Board under section 34A. (2) This Part does not apply to an application that the Teachers Registration Board decides to grant without a hearing. 42—Natural justice and right to be heard and to call evidence etc (1) The Teachers Registration Board must observe the rules of natural justice in proceedings. (2) Without limiting the effect of subsection (1), the Teachers Registration Board must— (a) give the person to whom the proceedings relate at least 21 days' written notice of the time and place at which it intends to conduct the proceedings; and (b) if the proceedings are on an inquiry, include in the notice particulars of the allegations that are the subject of the inquiry; and (c) afford the person a reasonable opportunity to call and give evidence, to examine or cross-examine witnesses, and to make submissions to the Board. (3) The requirement to give written notice does not extend to adjournments. (4) If the person to whom the proceedings relate does not attend at the time and place fixed by the Teachers Registration Board for the commencement or resumption of the proceedings, the Board may proceed to hear and determine the matter in the absence of the person. 43—Evidence and findings in other proceedings The Teachers Registration Board may, in the course of proceedings— (a) receive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia or any other pl