Tasmania: Teachers Registration Act 2000 (Tas)

Teachers Registration Act 2000 An Act to provide for the registration of teachers in Tasmania [Royal Assent 20 December 2000] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Teachers Registration Act 2000 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Interpretation In this Act – amend means insert matter, omit matter or omit matter and substitute other matter; approved means approved by the Board; Board means the Teachers Registration Board of Tasmania referred to in section 5 ; certificate of registration means a certificate issued under section 15 ; committee of inquiry means a committee of inquiry appointed under section 21 ; complaint means a complaint made under section 19 ; corresponding registration authority means a person, body, department or other authority in another jurisdiction within Australia or in New Zealand that is responsible under the law of that jurisdiction for the registration, licensing or other approval of teachers; fit to be a teacher means fit to be a teacher as determined under section 17K ; full registration means full registration granted under section 13 or 14 or renewed under section 17A ; fully registered, in relation to a person, means that the person – (a) has been granted full registration under section 13 or 14 or had his or her full registration renewed under section 17A ; and (b) holds a current certificate of registration in relation to that grant or renewal of full registration; good character means good character as determined under section 17J ; hearing means a hearing held under section 22C as part of an inquiry; holder of a limited authority means a person who holds a current notice of limited authority; inquiry means an inquiry held under Division 2 of Part 4 ; limited authority means a limited authority granted under section 17D or extended under section 17H ; materials includes any publication, document, computer software, video, sound recording, film or photograph; notice of limited authority means a notice referred to in section 17E ; one full-time equivalent year of teaching means – (a) one year of full-time teaching; or (b) part-time teaching equivalent to one year of full-time teaching; or (c) a combination of full-time and part-time teaching equivalent to one year of full-time teaching; practising teacher means a registered teacher who is employed as a member of the teaching staff of a school; prescribed offence means – (a) an offence, committed in Tasmania, in respect of which a sentence of imprisonment may be imposed (whether or not such sentence is imposed); or (b) an offence, committed elsewhere, in respect of which, if the offence had been committed in Tasmania, a sentence of imprisonment may have been imposed (whether or not such sentence is imposed); provisionally registered, in relation to a person, means that the person – (a) has been granted provisional registration under section 13 , whether on the determination of an application under section 12 or pursuant to section 17A(5) ; and (b) holds a current certificate of registration in relation to that grant of provisional registration; provisional registration means provisional registration granted under section 13 , whether on the determination of an application under section 12 or pursuant to section 17A(5) ; register means – (a) a register of registered teachers, or a register of holders of limited authorities, kept under section 25 ; or (b) in relation to a person, register the person as fully registered, provisionally registered or specialist vocational education and training registered; register of holders of limited authorities means a register of holders of limited authorities kept under section 25 ; register of teachers means a register of registered teachers kept under section 25 ; registered school has the same meaning as in the Education Act 2016 ; registered teacher means a person – (a) who is fully registered, provisionally registered or specialist vocational education and training registered; and (b) whose name appears on the register of teachers; Registrar means the Registrar appointed under section 7C ; registration means full registration, provisional registration or specialist vocational education and training registration; school has the same meaning as in the Education Act 2016 ; specialist vocational education and training registered, in relation to a person, means a person who – (a) has been granted specialist vocational education and training registration under section 13 or has had his or her specialist vocational education and training registration renewed under section 17A ; and (b) holds a current certificate of registration in relation to that grant or renewal of specialist vocational education and training registration; specialist vocational education and training registration means specialist vocational education and training registration granted under section 13 or renewed under section 17A ; State school has the same meaning as in the Education Act 2016 ; student means a child or person enrolled at a school; Tasmanian Polytechnic means the Tasmanian Polytechnic continued under section 5 of the Education and Training (Tasmanian Polytechnic) Act 2008 ; TasTAFE means TasTAFE as continued by the TasTAFE (Skills and Training Business) Act 2021 . 4A. Application of principles A person performing a function, action or duty, or exercising a power, under this Act is to have regard to the principles set out in section 4(1) of the Education Act 2016 . 4. Act binds Crown (1) This Act binds the Crown in right of Tasmania and, in so far as the legislative power of Parliament permits, in all its other capacities. (2) The Crown is not liable for prosecution for an offence under this Act, but an officer, employee or agent of the Crown is liable for prosecution for an offence under this Act. PART 2 - Teachers Registration Board of Tasmania 5. Continuation of Board (1) The Teachers Registration Board established by this Act as in force immediately before the commencement of the Teachers Registration Amendment Act 2009 is continued as the Teachers Registration Board of Tasmania. (2) The Board – (a) is a body corporate with perpetual succession; and (b) may have a seal; and (c) may sue and be sued in its corporate name. (3) If the Board has a seal – (a) it is to be kept and used as authorised by the Board; and (b) all courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Board. 6. Membership of Board (1) The Board consists of such number of members, including the chairperson, not exceeding 7 but not fewer than 5, as the Minister appoints. (2) Before appointing a member under subsection (1) , the Minister is to give notice so that persons interested in being members may provide written expressions of interest to the Minister. (3) Notice given under subsection (2) – (a) is to be given by publication in one or more daily newspapers published and circulating in the State; and (b) may be given – (i) by publication in a journal, periodical or other document; and (ii) by publication or broadcast, by means of the internet, in any format; and (iii) in print, or electronic communication meant for one or more persons. (4) In appointing members under subsection (1) , the Minister – (a) is to ensure that the members – (i) collectively, have the following skills: (A) general board governance skills; (B) skills relevant to the Board's functions; (C) relevant teaching skills and experience as a practicing teacher; and (ii) represent the diversity of the community; and (iii) each hold a current registration under the Registration to Work with Vulnerable People Act 2013 ; and (b) is to have regard to all expressions of interest provided to the Minister under subsection (2) ; and (c) may have regard to advice sought from an advisory council established under section 249 of the Education Act 2016 ; and (d) may have regard to advice from any existing members of the Board regarding the skills required. (5) The Minister is to appoint a chairperson. (6) Schedule 1 has effect with respect to membership and meetings of the Board. 6A. Functions of Board The Board has the following functions: (a) to register persons under this Act; (b) to grant limited authorities to persons under this Act; (c) to promote the teaching profession; (d) to investigate complaints made under this Act; (e) to conduct investigations, inquiries and hearings for the purposes of this Act including, without limitation – (i) investigations into complaints; and (ii) investigations to determine whether persons have contravened this Act; (f) if appropriate, to take disciplinary action under this Act in relation to persons who are or were registered teachers or holders of limited authorities; (g) to approve teacher education courses the successful completion of which satisfies a criterion for registration; (h) to develop and improve teaching standards; (i) to maintain a code of professional ethics for the teaching profession; (j) to undertake relevant reviews and research projects, and to make recommendations to the Minister in relation to the funding of those reviews and projects and the appointment of persons necessary to enable the successful undertaking of those reviews and projects, as appropriate; (k) to confer and collaborate with corresponding registration authorities for the purposes of – (i) ensuring effective exchange of information within Australia and New Zealand; and (ii) promoting consistency in the regulation of the teaching profession within Australia and New Zealand; (l) to investigate and recommend the prosecution of offences against this Act; (m) any other functions imposed by this or any other Act. 7. Powers of Board The Board may – (a) produce any materials necessary to perform its functions; and (b) enter into an agreement with any person or body to sell any materials it provides; and (c) direct and control persons appointed to assist the Board in the performance of its functions; and (d) do anything necessary or convenient to perform its functions. 7A. Board to consider best interests of students In performing its functions and exercising its powers, the Board must consider the welfare and best interests of students to be of paramount importance. 7AA. Performance and exercise of functions and powers (1) In this section – education regulator has the same meaning as in the Education Act 2016 . (2) In performing functions and exercising powers under this Act, the Board, staff made available to the Board under section 8 and any committee established by the Board are to have regard to any principles of education regulator best practice specified in a Ministerial instruction issued under section 6 of the Education Act 2016 for the purposes of this section. 7AB. Responsibility of Board (1) The Board is responsible – (a) to the Minister, in relation to any functions and powers performed and exercised under sections 6A and 7 ; and (b) to the Secretary of the Department in relation to all other functions and powers performed and exercised by the Board in accordance with this or any other Act. (2) Despite subsection (1) , neither the Minister nor the Secretary of the Department may direct the Board in relation to an individual decision made under the Act. 7B. Delegation (1) The Board may delegate any of its functions, duties or powers under this or any other Act, other than this power of delegation. (2) The Registrar may delegate to a State Service officer or State Service employee employed in the Department any of his or her functions, duties or powers under this or any other Act, including a function, duty or power delegated to him or her by the Board, other than this power of delegation. 7C. Registrar The Secretary of the Department may appoint a State Service officer or State Service employee employed in the Department, other than a member of the Board, to be the Registrar and that State Service officer or State Service employee may hold the office of Registrar in conjunction with his or her other State Service employment. 7D. Role, functions and powers of Registrar (1) The Registrar is responsible to the Board for the general administration and management of the Board. (2) The Registrar – (a) must perform any functions, and may exercise any powers, delegated to the Registrar by the Board; and (b) must perform any other functions imposed on, and may exercise any other powers granted to, the Registrar by this or any other Act. (3) The Registrar may delegate any of his or her functions or powers under this Act other than this power of delegation. (4) The Registrar is responsible – (a) to the Board, in relation to any functions or powers delegated under subsection (2)(a) ; and (b) to the Secretary of the Department, in relation to all other functions and powers performed and exercised by the Registrar in accordance with this or any other Act. 8. Staff The Board may arrange with the Secretary of the Department for State Service officers and State Service employees employed in the Department to be made available to enable the Board to perform and exercise its functions and powers. 9. Committees (1) The Board may establish one or more committees to advise and assist the Board in the performance and exercise of its functions and powers under this Act or any other Act. (2) A committee established under this section consists of such persons as the Board appoints. (3) A member of the Board may be a member of a committee established under this section. (4) A member of a committee established under this section holds office on such conditions, in relation to matters not provided for by this Act, as are specified in the instrument of appointment. (5) At any time, the Board may abolish a committee established under this section. (6) A committee must keep accurate minutes of its meetings. (7) Except as otherwise provided for by this Act, a committee may regulate its own proceedings. 10. Remuneration of committee members (1) The Minister may determine that a member of a committee established under section 9 is entitled to be paid remuneration or allowances, or both. (2) If a determination is made under subsection (1) , the member is entitled to be paid such remuneration or allowances, or both, as the Minister determines. (3) A member of a committee established under section 9 who is a State Service officer or State Service employee is not entitled to remuneration or allowances under this section except with the approval of the Minister administering the State Service Act 2000 . 10A. Ministerial statement of expectations (1) The Minister, before 31 December in each year, is to give to the Board a statement setting out the Minister's expectations for the Board (a Ministerial statement of expectations) in relation to the period of 12 months commencing on 1 July of the next year (or other such period as may be determined by the Minister). (2) In preparing a Ministerial statement of expectations, the Minister is to have regard to the Board's functions and powers. (3) A Ministerial statement of expectations is not to – (a) prevent the Board from performing a function that it is required to perform or from otherwise complying with any Act; or (b) extend the functions or powers of the Board; or (c) seek to direct the Board in relation to a decision made under the Act regarding an individual case. (4) The Board must perform its functions and duties in a manner consistent with an applicable Ministerial statement of expectations. (5) The Minister, on his or her own motion or at the request of the Board, may at any time amend a Ministerial statement of expectations. (6) A Ministerial statement of expectations and any amendment of it is to be in writing and signed by the Minister. (7) An amendment to a Ministerial statement of expectations takes effect on such day as is specified in the instrument of amendment. (8) The Minister may consult with the Board in preparing a Ministerial statement of expectations and any amendment of a Ministerial statement of expectations. 10B. Corporate plan by Board (1) The Board is to prepare a corporate plan annually. (2) A corporate plan is to include targets that measure the performance outcomes of the functions of the Board. (3) A corporate plan is to be – (a) consistent with an applicable Ministerial statement of expectations given under section 10A ; and (b) in such form, if any, as specified in a Ministerial instruction issued under section 6 of the Education Act 2016 . (4) In preparing a corporate plan, the Board – (a) is to consult the Minister; and (b) may consult such other persons as the Board considers appropriate. (5) After preparing a corporate plan, the Board is to submit a draft of the plan to the Minister for approval. (6) The Minister may – (a) approve the draft corporate plan as submitted; or (b) require the Board to amend the draft corporate plan and resubmit it for approval. (7) To avoid doubt, the Minister's power under subsection (6)(b) may be exercised more than once. (8) If a draft corporate plan is approved by the Minister – (a) it takes effect as the corporate plan of the Board for the period specified in a Ministerial instruction issued under section 6 of the Education Act 2016 for the purposes of this section; and (b) the Board is to act in accordance with the corporate plan during that period. (9) The Board, having regard to changes of circumstance or for other reasonable cause, may prepare an amendment to the corporate plan at any time. (10) Subsections (4) , (5) , (6) , (7) and (8) have the same application to an amendment as they have to the plan itself, and the amendment takes effect once it has been approved by the Minister. (11) The Board is to ensure that the current corporate plan, and the current Ministerial statement of expectations given to the Board under section 10A , are available for public inspection in such manner as the Board determines. 10C. Framework agreement by Board The Board is to enter into an agreement with the Secretary of the Department that includes the following matters: (a) the budget of the Board; (b) the staff made available to the Board under section 8 , and details regarding their selection and performance management; (c) support and functions to be provided to the Board by the Secretary; (d) the information-sharing arrangements between the Board and the Secretary; (e) the application to the Board of the policies, procedures and guidelines of the Department; (f) the manner in which the Board is accountable to the Secretary in relation to budget outcomes and other outcomes; (g) any cost recovery arrangements between the Secretary and the Board. 10D. Independent review of Board (1) In this section – independent review means a review conducted by persons who – (a) in the Minister's opinion, are appropriately qualified for that task; and (b) include one or more persons who are not State Service employees or State Service officers or employees of any agency of the State. (2) The Minister may require an independent review of the operation of the Board to be conducted, including of the performance and exercise of its functions and powers. (3) The persons who conduct a review are to give the Minister a written report on its outcome. PART 3 - Registration of Teachers and Limited Authorities to Teach Division 1 - Offences relating to teaching 11. Offences relating to teaching (1) A person must not teach at a school unless the person – (a) is registered; or (b) . . . . . . . . (c) is the holder of a limited authority; or (d) is under the direct supervision of a registered teacher. Penalty: Fine not exceeding 50 penalty units. (2) A person who is not fully registered must not claim, or otherwise represent in any manner, that he or she is fully registered. Penalty: Fine not exceeding 50 penalty units. (3) A person who is not provisionally registered must not claim, or otherwise represent in any manner, that he or she is provisionally registered. Penalty: Fine not exceeding 50 penalty units. (3A) A person who is not specialist vocational education and training registered must not claim, or otherwise represent in any manner, that he or she is specialist vocational education and training registered. Penalty: Fine not exceeding 50 penalty units. (4) A person who is not the holder of a limited authority must not claim, or otherwise represent in any manner, that he or she is the holder of a limited authority. Penalty: Fine not exceeding 50 penalty units. (5) . . . . . . . . Division 2 - Registration of teachers 12. Application for registration (1) A person may apply to the Board for registration. (2) An application is to be – (a) in an approved form; and (b) accompanied by the prescribed application fee. (3) The Board may require the applicant – (a) to provide any further information it considers necessary to consider the application; and (b) to authorise the Board, in writing, to obtain information relating to the applicant from any corresponding registration authority or any other person, government department or government body that the Board considers may have information relevant to the determination of the application. 13. Determination of application for registration (1) On receipt of an application for registration made under section 12 , the Board – (a) if satisfied that the applicant satisfies the criteria for full registration, must grant the applicant full registration; or (b) if not satisfied that the applicant satisfies the criteria for full registration but satisfied that the applicant meets the requirements for provisional registration, must grant the applicant provisional registration; or (ba) if satisfied that the applicant satisfies the criteria for specialist vocational education and training registration, must grant the applicant specialist vocational education and training registration; or (c) if not satisfied that the applicant satisfies the criteria for full registration, provisional registration or specialist vocational education and training registration, must refuse to grant the applicant full registration, provisional registration or specialist vocational education and training registration. (1A) In determining in accordance with subsection (1) an application made under section 12 , the Board may grant to the applicant both specialist vocational education and training registration and either full registration or provisional registration. (2) The criteria for full registration are as follows: (a) the applicant – (i) has successfully completed an approved course relating to teacher education and at least one full-time equivalent year of teaching to the satisfaction of the Board; or (ii) has contributed to educational practice and has the education and experience that, in the opinion of the Board, are sufficient to warrant registration; or (iii) has complied with the requirements of the Board during the most recent period of provisional registration; (b) the applicant is of good character; (c) the applicant is fit to be a teacher; (ca) the applicant is registered under the Registration to Work with Vulnerable People Act 2013 in respect of a regulated activity, within the meaning of that Act, that primarily relates to children; (d) the applicant, in the opinion of the Board, is sufficiently proficient in the English language. (3) The criteria for provisional registration are as follows: (a) the applicant – (i) has qualifications or experience as determined by the Board; or (ii) is able to obtain the qualifications and experience specified in subsection (2)(a) ; (b) the applicant is of good character; (c) the applicant is fit to be a teacher; (ca) the applicant is registered under the Registration to Work with Vulnerable People Act 2013 in respect of a regulated activity, within the meaning of that Act, that primarily relates to children; (d) the applicant, in the opinion of the Board, is sufficiently proficient in the English language. (3A) The criteria for specialist vocational education and training registration are as follows: (a) the applicant has the qualifications and experience as determined by the Board in relation to specialist vocational education and training registration; (b) the applicant is of good character; (c) the applicant is fit to be a teacher; (ca) the applicant is registered under the Registration to Work with Vulnerable People Act 2013 in respect of a regulated activity, within the meaning of that Act, that primarily relates to children; (d) the applicant, in the opinion of the Board, is sufficiently proficient in the English language. (4) The Board may grant full registration, provisional registration or specialist vocational education and training registration subject to any reasonable conditions it considers appropriate. (5) . . . . . . . . (6) . . . . . . . . 13A. Actions during assessment of application and following determination of application (1) In considering an application for registration made under section 12 , if – (a) it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher; or (b) the Board is intending to grant registration, subject to conditions – the Board is to give the applicant an opportunity to appear before it. (2) On determining an application for registration made under section 12 – (a) the Board is to notify the applicant, in writing – (i) of that determination; and (ii) if the Board refuses to grant registration, of its reasons for that determination; and (iii) if the Board grants provisional registration when the application was for full registration, of its reasons for that determination; and (iv) if the Board grants registration subject to conditions, of those conditions; and (b) the Board, if it grants registration, is to make an entry in the register of teachers in respect of that grant. 14. Grant of full registration following period of provisional registration (1) At any time, a person who is provisionally registered may apply to the Board for full registration. (2) An application is to be – (a) in an approved form; and (b) accompanied by a report made by the applicant's employer, in an approved form, in respect of – (i) the manner in which the applicant has performed teaching duties; and (ii) recommendations as to the applicant's suitability for full registration; and (iii) any other matter the Board considers relevant; and (c) accompanied by the prescribed application fee. (3) The Board may require the applicant to provide any further information it considers necessary to consider the application. (4) On receipt of an application, the Board must grant the applicant full registration under section 13 if the Board is satisfied that the applicant – (a) has completed at least one full-time equivalent year of teaching; and (b) is recommended as suitable for full registration in the report from his or her employer; and (c) has demonstrated teaching competence; and (d) otherwise satisfies the criteria for full registration set out in that section. (5) In considering an application, if it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher, the Board is to give the applicant an opportunity to appear before it. (6) On receipt of an application, the Board must refuse to grant the applicant full registration under section 13 if the Board is not satisfied that the applicant meets all the criteria set out in subsection (4) . 14A. . . . . . . . . 15. Certificate of registration (1) The Board is to issue a certificate of registration in an approved form to a person granted registration under section 13 or 14 , or whose registration is renewed under section 17A , on payment of the annual registration fee. (2) . . . . . . . . (3) If the Board, in writing, requires a person who is or was a registered teacher to surrender or produce to the Board his or her certificate of registration, the person must comply with that requirement within the period specified in it. Penalty: Fine not exceeding 5 penalty units. (4) If a registered teacher – (a) changes his or her name or any other personal details; and (b) provides to the Board such proof of that change as the Board requires; and (c) surrenders to the Board his or her certificate of registration accompanied by – (i) a request, in writing, for the reissue of the certificate in the person's new name or with the person's new personal details; and (ii) the prescribed fee – the Board is to reissue the certificate in accordance with the request. (5) If – (a) a certificate of registration is lost, destroyed or damaged; and (b) the registered teacher provides to the Board such proof of that loss, destruction or damage as the Board requires; and (c) the registered teacher pays the prescribed fee; and (d) in the case of a damaged certificate, surrenders that certificate to the Board – the Board is to issue a replacement certificate. 16. Period of registration (1) The period of full registration or provisional registration is the period not exceeding 5 years determined by the Board. (2) Registration – (a) takes effect on the day it is granted or a later day specified in the grant of registration; and (b) ends, subject to this Act – (i) on 31 December occurring in the year specified in the grant of registration; or (ii) if no such year is specified, on 31 December fifthly occurring after the registration takes effect. (3) Provisional registration – (a) takes effect on the day on which it is granted or a later day specified in the grant of provisional registration; and (b) ends, subject to this Act, on 31 December in the year specified in the grant of provisional registration. 16A. . . . . . . . . 17. Amendment of conditions of registration On the application of a person who is registered, or at any time on its own motion, the Board may do one or more of the following: (a) make the registration of a person subject to such, or such additional, reasonable conditions as the Board considers appropriate; (b) amend one or more of the conditions to which the registration is subject; (c) remove all or any of the conditions to which the registration is subject. 17A. Renewal of full registration and specialist vocational education and training registration (1) A person may apply to the Board for renewal of his or her full registration or specialist vocational education and training registration, or both. (2) An application is to be – (a) in an approved form; and (b) accompanied by satisfactory evidence of – (i) ongoing competence; or (ii) professional development undertaken; and (c) accompanied by the prescribed application fee. (3) The Board is to renew the full registration or specialist vocational education and training registration, or both, of a person on payment of the annual registration fee if – (a) satisfied that the person is of good character; and (b) satisfied that the person is fit to be a teacher; and (ba) satisfied that the person is registered under the Registration to Work with Vulnerable People Act 2013 in respect of a regulated activity, within the meaning of that Act, that primarily relates to children; and (c) satisfied as to the evidence referred to in subsection (2)(b) . (4) In considering an application, if it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher, the Board is to give the applicant an opportunity to appear before it. (5) If the Board is not satisfied that the person applying for renewal of his or her full registration has provided satisfactory evidence as required by subsection (2)(b) , the Board may grant the person provisional registration under section 13(1)(b) if satisfied as required under that section. (6) The renewal of the full registration or specialist vocational education and training registration of a person – (a) takes effect on 1 January first following the day on which the registration would expire if not renewed or a later day specified in the grant of renewal; and (b) ends, subject to this Act – (i) on 31 December occurring in the year specified in the grant of renewal; or (ii) if no such year is specified, on 31 December fifthly occurring after the registration takes effect. 17B. Annual registration fee (1) A person – (a) who is granted registration; or (b) whose registration is renewed – (c) . . . . . . . . must pay to the Board an annual registration fee prescribed in the regulations for each calendar year, or part of a calendar year, during which the registration has effect. (2) An annual registration fee is to be paid on or before 31 December in the calendar year immediately preceding the calendar year to which the fee relates. (3) A person may pay more than one annual registration fee (in this section called the "advance fee") when paying a registration fee that is due (in this section called the "due fee"), but may not pay an advance fee in respect of a calendar year that would occur after the current period of the registration is due to expire. (4) If a person pays an advance fee of the same amount as the due fee, the amount paid for the advance fee is taken to be full payment of the annual registration fee for the calendar year in respect of which it is paid. (5) The Board may provide on or after 14 November in a calendar year a list of registered teachers – (a) whose registrations are due to expire on 31 December in that calendar year; and (b) who have not paid, in accordance with this section, the annual registration fee for the next calendar year. (6) A list under subsection (5) may include full names and the registration numbers of the teachers mentioned in the list. (7) For the avoidance of doubt, it is declared that – (a) before the commencement of the Teachers Registration Amendment Act 2009 , the reference in section 14A(1), as in force before the commencement of that Act, to a person who is registered, or whose registration is renewed, included a reference to a person who was provisionally registered, or whose provisional registration was extended, under this Act before the commencement of that Act; and (b) a fee demanded and paid under that section before the commencement of the Teachers Registration Amendment Act 2009 in respect of the grant, or extension, of provisional registration is taken to have been validly demanded and paid. 17BA. Cancellation or suspension of teacher registration without inquiry (1) In this section – corresponding law has the same meaning as in the Registration to Work with Vulnerable People Act 2013 ; regulated activity means an activity to which vulnerable person registration relates under the Registration to Work with Vulnerable People Act 2013 or a corresponding law; vulnerable person registration, in relation to a teacher, means – (a) the registration of the teacher, under the Registration to Work with Vulnerable People Act 2013 , in respect of a regulated activity that primarily relates to children; or (b) the registration, licence, or other authorisation, of the teacher under a corresponding law, in respect of a regulated activity that primarily relates to children. (2) The Board may suspend or cancel the registration of a registered teacher, if the Board is satisfied that – (a) the teacher does not hold vulnerable person registration; or (b) the teacher's vulnerable person registration has been suspended and the suspension has not been revoked. (3) The Board may, under subsection (2) , suspend or cancel the registration of a registered teacher – (a) without conducting an inquiry; and (b) without giving the teacher an opportunity to be heard by, or to make submissions to, the Board. (4) On deciding to suspend or cancel under subsection (2) the registration of a registered teacher, the Board is to serve notice, in writing, of that decision on – (a) the teacher; and (b) the teacher's employer, if the teacher is employed to teach; and (c) corresponding registration authorities. (5) A suspension or cancellation under subsection (2) of the registration of a registered teacher takes effect on written notice of it being served on the teacher or a later day specified in the notice. (6) The Board may revoke the suspension under subsection (2) of the registration of a registered teacher if the Board is satisfied that the teacher – (a) holds vulnerable person registration; and (b) is of good character; and (c) is fit to be a teacher. (7) On deciding to revoke under subsection (6) the suspension under subsection (2) of the registration of a registered teacher, the Board is to serve notice, in writing, of that decision on – (a) the teacher; and (b) the teacher's employer, if the teacher is employed to teach; and (c) corresponding registration authorities. (8) The revocation under subsection (6) of the suspension under subsection (2) of the registration of a registered teacher takes effect on written notice of it being served on the teacher or a later day specified in the notice. Division 3 - Limited authorities to teach 17C. Application for limited authority (1) A person may apply to the Board for a limited authority. (2) An application is to be – (a) in an approved form; and (b) accompanied by the prescribed application fee. (3) The Board may require the applicant and his or her intended employer to provide any further information it considers necessary to consider the application. (4) The Board may require the applicant to authorise the Board, in writing, to obtain information relating to the applicant from any corresponding registration authority or other person, government department or government body that the Board considers may have information relevant to the determination of the application. 17D. Determination of application (1) On receipt of an application for a limited authority made under section 17C , the Board – (a) if satisfied that the applicant satisfies the criteria for a limited authority, must grant the applicant a limited authority to teach – (i) at any school, as specified in the limited authority; and (ii) in any subject specified in the limited authority; and (iii) for the number of hours each week specified in the limited authority; or (b) if not satisfied that the applicant satisfies the criteria for a limited authority, must refuse to grant the applicant a limited authority. (2) The criteria for a limited authority are that the applicant – (a) does not meet the requirements of section 13(2)(a) or section 13(3)(a) but has the appropriate skills or experience that available registered teachers do not have; and (b) is of good character; and (ba) is registered under the Registration to Work with Vulnerable People Act 2013 in respect of a regulated activity, within the meaning of that Act, that primarily relates to children; and (c) is fit to be a teacher. (3) In considering an application for a limited authority made under section 17C , if it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher, the Board is to give the applicant an opportunity to appear before it. (4) The Board may grant a limited authority subject to any reasonable conditions it considers appropriate. (5) On determining an application for a limited authority – (a) the Board is to notify the applicant and his or her intended employer, in writing – (i) of that determination; and (ii) if the Board refuses to grant a limited authority, of its reasons for that determination; and (iii) if the Board grants a limited authority subject to conditions, of those conditions; and (b) the Board, if it grants a limited authority, is to make an entry in the register of holders of limited authorities in respect of that grant. 17E. Notice of limited authority (1) The Board is to issue a notice of limited authority in an approved form to a person granted a limited authority under section 17D or whose limited authority is extended under section 17H on payment of the limited authority fee. (2) If the Board, in writing, requires a person who is or was the holder of a limited authority to surrender or produce to the Board his or her notice of limited authority, the person must comply with that requirement within the period specified in it. Penalty: Fine not exceeding 5 penalty units. (3) If the holder of a limited authority – (a) changes his or her name or any other personal details; and (b) provides to the Board such proof of that change as the Board requires; and (c) surrenders to the Board his or her notice of limited authority accompanied by – (i) a request, in writing, for the reissue of the notice in the person's new name or with the person's new personal details; and (ii) the prescribed fee – the Board is to reissue the notice in accordance with the request. (4) If – (a) a notice of limited authority is lost, destroyed or damaged; and (b) the holder of the notice provides to the Board such proof of that loss, destruction or damage as the Board requires; and (c) the holder of the notice pays the prescribed fee; and (d) in the case of a damaged certificate, the holder of the notice surrenders that notice to the Board – the Board is to issue a replacement notice. 17F. Period of limited authority (1) A limited authority has effect for the period not exceeding 2 years determined by the Board. (2) A limited authority – (a) takes effect on the day it is granted or a later day specified in the grant of limited authority; and (b) ends, subject to this Act, on the day specified in the grant of limited authority. 17G. Amendment of conditions of limited authority On the application of a holder of a limited authority, or at any time on its own motion, the Board may at any time do one or more of the following: (a) make the limited authority subject to such, or such additional, reasonable conditions as the Board considers appropriate; (b) amend one or more of the conditions to which the limited authority is subject; (c) remove all or any of the conditions to which the limited authority is subject. 17H. Extension of limited authority (1) The holder of a limited authority may apply to the Board for an extension of the limited authority. (2) An application is to be – (a) in an approved form; and (b) accompanied by the prescribed application fee. (3) The Board may extend the period of a limited authority for one or more further periods, not exceeding 2 years in total, if satisfied that the holder satisfies the criteria for a limited authority set out in section 17D . (4) In considering an application, if it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher, the Board is to give the applicant an opportunity to appear before it. (5) The extension of a limited authority – (a) takes effect on the expiry of the limited authority or previous extension of it; and (b) ends, subject to this Act, on the day specified in the grant of the extension. 17I. Suspension or cancellation of limited authority (1) If a person holds a limited authority and – (a) the Board considers that there is no longer a need for the limited authority; or (b) the Board otherwise considers it appropriate to do so – the Board may suspend or cancel the limited authority without conducting an inquiry. (2) In deciding to suspend or cancel a limited authority, the Board must comply with the rules of natural justice. (3) On deciding to suspend or cancel a limited authority, the Board is to give notice, in writing, of that decision to – (a) the holder of the limited authority; and (b) that person's employer if that person is employed to teach. (4) A suspension or cancellation of a limited authority takes effect on written notice of it being served on the holder of the limited authority or a later day specified in the notice. Division 4 - Determining good character and fitness to be a teacher 17J. Determining whether person of good character If at any time under this Act, including for the purposes of an inquiry, the Board is to determine whether a person is of good character, the Board – (a) is to take into account any conviction of, or charge made against, the person; and (ab) is to take into account – (i) whether the person has been refused registration under the Registration to Work with Vulnerable People Act 2013 ; and (ii) if the person is, or has been, registered under that Act, whether the registration has been suspended or cancelled; and (b) is to take into account any behaviour of the person that – (i) does not satisfy a standard of behaviour generally expected of a teacher; or (ii) is otherwise disgraceful or improper; and (c) may take into account any other matter it considers relevant. 17K. Determining whether person fit to be teacher (1) If at any time under this Act, including for the purposes of an inquiry, the Board is to determine whether a person is fit to be a teacher, the Board may take into account – (a) any medical, psychiatric or psychological condition of the applicant; and (b) the competence of the person as a teacher; and (c) any other matter it considers relevant. (2) For the purposes of determining whether a person is fit to be a teacher, the Board may require the person – (a) to undergo a medical examination, including a psychiatric, psychological or other examination; and (b) to authorise the medical practitioner, psychologist or other person undertaking the examination to provide a copy of his or her report on the person to the Board. 17L. Police report (1) If a person applies under section 12 or 17C for registration or a limited authority, that person is taken to have authorised the Board to obtain a report from the Commissioner of Police, and the Commissioner of Police to provide a report – (a) for the purpose of considering and determining the application; and (b) following the grant of the application – (i) for the purpose of the renewal of registration or the extension of a limited authority; and (ii) for the purpose of an inquiry in respect of that person, whether or not that person is still a registered teacher or the holder of a limited authority; and (iii) for any other purpose related to the administration of this Act in respect of the person while the person is a registered teacher or the holder of a limited authority. (2) The Board may refer to the Commissioner of Police – (a) the name and address of a person who – (i) has applied for registration or a limited authority under section 12 or 17C ; or (ii) is or was a registered teacher or a holder of a limited authority; and (b) any information and documentation relating to that person that the Board considers relevant. (3) The Commissioner of Police must inquire into, and report to the Board on, any matters concerning the person that may be relevant to the purpose specified in subsection (1) in respect of which the Board is obtaining the report. (4) For the purposes of the Commissioner of Police providing a report under this section, section 22(1) , section 31(1) , section 45(1) and section 108 of the Youth Justice Act 1997 do not apply to the identification in a report under subsection (3) of a youth, within the meaning of that Act, in respect of any action or proceedings referred to in those sections. PART 4 - Discipline and inquiries Division 1 - Disciplinary provisions 18. Notifying Board if person found guilty of or charged with prescribed offence (1) If a person who is a registered teacher or holder of a limited authority is charged with a prescribed offence in Tasmania or elsewhere, that person must give notice in writing to the Board, within 28 days after being so charged, of that charge and the details of the alleged prescribed offence. Penalty: Fine not exceeding 10 penalty units. (2) If a person who is a registered teacher or holder of a limited authority is charged with a prescribed offence in Tasmania or elsewhere and – (a) a court has made a finding of guilty or not guilty or another finding in relation to the charge; or (b) a court adjourns proceedings on the charge sine die; or (c) the charge is dismissed or withdrawn – the person must notify the Board in writing of that fact and, if the person is found guilty of the charge, of the circumstances in which the prescribed offence was committed, within 28 days after the court so makes the finding or adjourns the proceedings or the charge is so dismissed or withdrawn. Penalty: Fine not exceeding 10 penalty units. 18A. Disciplinary action if person found guilty of prescribed offence If a person who is a registered teacher or holder of a limited authority is found guilty of a prescribed offence in Tasmania or elsewhere, the Board may – (a) caution the person; or (b) make the person's registration or limited authority subject to conditions, or additional conditions, as the Board thinks fit; or (c) amend one or more of the conditions to which the person's registration or limited authority is subject, as the Board thinks fit; or (d) if of the opinion that the circumstances of the offence are such that the person is no longer of good character or no longer fit to be a teacher – (i) suspend the person's registration or limited authority for any period, and subject to any conditions, it thinks fit; or (ii) cancel the person's registration or limited authority. Division 2 - Complaints and inquiry 19. Complaints (1) A person may complain to the Board about the professional conduct of a person who is or was – (a) a registered teacher; or (b) a holder of a limited authority. (2) A complaint is to – (a) be in writing; and (b) disclose the name and address of the complainant; and (c) be signed by the complainant. (3) As soon as reasonably practicable after receiving a complaint, the Board, in writing – (a) is to provide notice of the making of the complaint, the name of the complainant and the contents of the complaint to – (i) the person who is the subject matter of the complaint; and (ii) if the employers of that person, both current and at the time the behaviour that constitutes the basis of the complaint occurred, are identifiable from the details of the complaint or otherwise known to the Board, those employers; and (b) may require the complainant to provide information or documents, as the Board considers appropriate, to the Board within the reasonable period specified in the requirement. (4) If a complainant changes his or her name or address, the complainant is to notify the Board, in writing, of that change. 19A. Preliminary assessment of complaint (1) On receiving a complaint, the Board is to conduct a preliminary assessment of it for the purpose of determining whether an inquiry should be held in respect of the complaint. (2) In conducting the preliminary assessment, the Board may make such inquiries, and obtain such information and documents, as it considers necessary. (3) On completing the preliminary assessment of the complaint, the Board may – (a) determine that an inquiry should be held in respect of the complaint if reasonably satisfied that it is in the public interest to do so; or (b) dismiss the complaint if – (i) the Board is of the opinion that the complaint is vexatious, misconceived, frivolous or lacking in substance; or (ii) the behaviour complained about has been the subject of a previous complaint that has been dismissed; or (iii) the behaviour complained about has been the subject of a previous complaint in respect of which an inquiry has been held; or (iv) the behaviour complained about is the subject of an existing complaint in respect of which an inquiry has been or is being held; or (v) information or documents required by the Board under section 19(3)(b) have not been provided to the Board; or (vi) the Board is not reasonably satisfied that it is in the public interest to hold an inquiry; or (vii) the Board is of the opinion that the complaint should be made to another person, body or Agency within the meaning of the State Service Act 2000 ; or (viii) the Board is of the opinion that it is impossible or inappropriate to hold an inquiry after considering the circumstances surrounding the behaviour complained about and the making of the complaint, including the time elapsed since the behaviour occurred. (4) If the Board dismisses the complaint, it is to notify, in writing, the complainant and all persons notified of the making of the complaint under section 19(3)(a) of the reasons for dismissing it. 20. Inquiries (1) The Board may determine to hold an inquiry in respect of – (a) any matter relating to a person who is or was a registered teacher or holder of a limited authority; and (b) any complaint made under section 19 ; and (c) any matter referred to in a notice under section 31 . (2) The Board may – (a) hold an inquiry under this section itself; or (b) appoint a committee of inquiry to hold the inquiry on its behalf. (3) The Board may also hold an inquiry in respect of a person who is or was a registered teacher or has or had a limited authority if it reasonably believes that – (a) . . . . . . . . (b) the person's registration in another State to teach has been cancelled or suspended; or (c) the person's employment in another State to teach has been terminated because the person's employer was reasonably satisfied the person was not competent or fit to teach; or (d) the person was or may have been registered or obtained or may have obtained a limited authority on the basis of false or misleading information; or (e) the person is no longer of good character or may no longer be of good character; or (f) the person is no longer fit to be a teacher or may no longer be fit to be a teacher. (4) The Board may hold an inquiry under this section in respect of a person only if reasonably satisfied that it is in the public interest to do so. 21. Committee of inquiry (1) The Board may appoint a committee of inquiry consisting of – (a) not less than 2, but not more than 4, persons who are registered teachers; and (b) if the Board considers necessary, one person who is a member of the Board; and (c) any other person or persons with skills relevant to the inquiry. (2) A committee of inquiry is to hold an inquiry or conduct a hearing, or both, subject to this Act and in accordance with any directions of the Board. (3) The Board may – (a) appoint one of the members of a committee of inquiry as its chairperson; and (b) give written directions to the committee relating to its proceedings and the conduct of the inquiry. (4) Except as provided by this Act or directions given by the Board, a committee of inquiry may regulate its own proceedings. 22. Notifying person in respect of whom an inquiry is to be held (1) If the Board determines that an inquiry is to be held in respect of a person who is or was a registered teacher or holder of a limited authority, it is to serve the person with a notice of the proposed inquiry. (2) The notice is to state the following: (a) the nature and details of any matter of the proposed inquiry; (b) . . . . . . . . (c) whether the inquiry is to be held by the Board or a committee of inquiry; (d) the full names of the members of the committee of inquiry; (e) that the person may submit to the Board, within 14 days after being served with the notice, a statement in writing that contains one or more of the following: (i) a written admission of, or refutation of, the substance of any matter to be inquired into; (ii) a request for the Board to hold a hearing in respect of any matter being inquired into. (3) A statement under subsection (2)(e) containing an admission of, or refutation of, the substance of any matter to be inquired into – (a) is to specify the details of the matter; and (b) may be accompanied by any other document the person making the statement considers appropriate. 22A. Notifying other persons of inquiry (1) If the Board determines that an inquiry is to be held in respect of a person who is or was a registered teacher or holder of a limited authority and the inquiry is the result of a complaint, it is to give notice of the inquiry, in writing, to the complainant. (2) The Board, at its discretion, may give notice of the inquiry to any other person the Board considers appropriate. (3) A notice under this section may state one or more of the following as the Board considers appropriate: (a) the nature and details of any matter of the proposed inquiry; (b) whether the inquiry is to be held by the Board or a committee of inquiry; (c) the names of the members of the committee of inquiry; (d) that the person may submit to the Board, within 14 days after being served with the notice, written submissions and other documents in relation to the matter being inquired into. 22B. Conduct of inquiry generally (1) In holding an inquiry, the Board or committee of inquiry – (a) must proceed with as little formality, and with as much expedition, as a proper consideration of matter being inquired into permits; and (b) must comply with the rules of natural justice; and (c) is not bound by the rules of evidence; and (d) may invite and receive written submissions from any person the Board or committee of inquiry considers relevant to the inquiry; and (e) may consult with any person; and (f) may request, in writing, that the person in respect of whom the inquiry is being held provide the Board or committee of inquiry with a report from a medical practitioner, psychologist or other health professional; and (g) may inform itself on any