Legislation, In force, Western Australia
Western Australia: Teacher Registration Act 2012 (WA)
An Act to — * provide for the establishment of the Teacher Registration Board of Western Australia; and * provide for the regulation of the teaching profession in Western Australia; and * facilitate the establishment, implementation and administration of an inter‑jurisdictional accreditation scheme for teacher education programmes; and * repeal the Western Australian College of Teaching Act 2004 and the regulations made under that Act; and * make consequential amendments to various Acts, and for related purposes.
          Western Australia
Teacher Registration Act 2012
Western Australia
Teacher Registration Act 2012
Contents
Part 1 — Preliminary
1. Short title 1
2. Commencement 1
3. Terms used 1
4. Crown bound 9
5. Best interests of children paramount 9
Part 2 — Teaching by unregistered persons and related offences
6. Requirement to be registered 10
7. Requirements in relation to appointing, employing or engaging registered teachers or giving permission to teach 10
8. Registered teachers must comply with suspension and conditions on registration 11
9. Pretending to be registered or entitled to teach 11
Part 3 — Registration of teachers
Division 1 — Registration of teachers
Subdivision 1 — Registration applications
10. Application for registration 13
11. Application for renewal of registration 14
12. Applicant for limited registration is employer 14
12A. Application to change category of registration 14
13. Information in support of registration application 15
14. Board may refuse to consider some registration applications 16
Subdivision 2 — Requirements for registration
16. Provisional (returning teacher) registration: requirements 17
16A. Provisional (graduate teacher) registration: requirements 18
17. Limited registration: requirements 18
18. Non‑practising registration: requirements 19
18A. Teaching qualification requirements 19
19. Only natural persons may be registered as teachers 20
20. Professional standards 20
20A. Professional learning activities policy 20
Subdivision 3 — Registration
21. Grant of registration 21
22. Renewal of registration 22
22A. Change of category of registration 23
23. Duration of full registration or provisional registration 24
23A. Duration of limited registration 26
23B. Duration of limited registration when teaching position ends 27
23C. Duration of non‑practising registration 28
24. Who is a fit and proper person 28
Subdivision 4 — Conditions and cancellation
25. Conditions generally 30
26. Conditions imposed by the Board 30
26A. Condition of non‑practising registration 31
27. Cancellation of registration by Board 32
28. Cancellation of registration at teacher's request 33
Subdivision 5 — Notice of decisions and opportunity to show cause why some decisions should not be made
29. Notice of decisions on registration must be given 34
30. Notice of decisions to impose, modify or cancel a condition made during currency of registration 35
31. Notice of cancellation or reinstatement of registration must be given 35
32. Board to give reasonable opportunity to show cause why some decisions should not be made 36
Subdivision 6 — General provisions
33. Effect of cancellation of registration 36
35. Annual fees 37
Division 2 — The register
36. Register of teachers to be kept 37
37. Inspection of register 37
Part 4 — Board to be given notice, and may obtain criminal history checks, in some circumstances
Division 1 — Notices to be given
Subdivision 1 — Notices to be given by registered teachers
38. Notice about legal actions 40
39. Notice about loss of qualifications 41
40. Notice about working with children notices and assessments 41
Subdivision 2 — Notices to be given by other persons
41. Commissioner of Police must give notice about prosecutions of registered teachers 42
41A. Commissioner of Police may give notice about victims and witnesses in relation to prosecutions of registered teachers 42
41B. DPP must give notice about prosecutions of registered teachers 43
42. Employers must give notice when teachers cease teaching in cases of serious incompetence or misconduct 44
42A. No liability for disclosing information 44
Division 2 — Criminal history checks
43. Board may request consent to obtain criminal history check 45
44. Criminal history check 45
Division 3 — Board to consider notices and criminal history checks received
45. Action to be taken by Board on receiving notice or criminal history check 46
Part 5 — Disciplinary matters, impairment matters and investigations
Division 1 — Preliminary
46. Terms used 47
47. Disciplinary matters 47
48. Impairment matters 48
48A. Serious incompetence 48
48B. Serious misconduct 48
48C. Board's powers of investigation 49
48D. Protection for compliance with direction 50
Division 2 — Disciplinary committee and impairment review committee
49. Disciplinary committee 51
50. Impairment review committee 52
Division 3 — Complaints, assessments and investigations
51. Making a complaint 53
51A. Complaints formulated by Board 54
51B. Assessments and investigations 55
52. Teacher must be notified of complaint 55
Division 4 — Dealing with and referring complaints
53. Dealing with and referring complaints 56
54. Board to provide report to committee 57
55. Committee may make requests or recommendations to Board about complaints 57
57. Complaints without substance 59
Division 5 — Interim orders
58. Interim orders generally 59
59. Interim orders may be made if teacher poses risk of harm 60
60. Interim orders must be made if teacher charged with actionable offence 61
61. Matters for which interim orders made must be referred to Tribunal 61
Division 6 — Role of disciplinary committee
Subdivision 1 — Initial assessment of complaints
62. Initial assessment 62
Subdivision 2 — Inquiries
63A. Hearings 63
64. Inquiry: procedure and evidence 63
65. Rights of teacher as to evidence and witnesses 64
66. Evidence and findings in other proceedings 64
67. Representation at inquiry 65
68. Inquiry powers 65
68A. Failure to comply with direction 67
68B. Protection for compliance with direction 68
68C. Disruption of inquiry 68
68D. Immunity for person performing inquiry functions 68
69. Record of inquiry 69
70. Decision of disciplinary committee after inquiry 69
Division 7 — Role of impairment review committee
Subdivision 1 — Initial assessment of complaints and other matters
71. Initial assessment 71
72. Complaints must be dismissed when registration is cancelled or ends 72
Subdivision 2 — Inquiries
73. Impairment review committee may conduct inquiry into certain complaints 72
74. Registered teacher must be notified about inquiry 73
74A. Hearings 73
75. Impairment matter: procedure and evidence 73
75A. Rights of teacher as to evidence and witnesses 74
75B. Representation in relation to impairment matters 74
75C. Immunity for person performing inquiry functions 75
76. Health assessments 75
77. Report of health assessment must be given to impairment review committee and teacher 76
77A. Powers when dealing with impairment matters 77
77B. Failure to comply with direction 78
77C. Protection for compliance with direction 79
77D. Disruption of inquiry 80
77E. Immunity for person performing inquiry functions 80
77F. Record of inquiry 80
78. Decision of impairment review committee after inquiry 80
79. Recommendation 82
80. Decision of Board after consideration of recommendation of impairment review committee 82
Subdivision 3 — Imposing or modifying conditions in relation to complaints about impairment matters
81. Imposing or modifying conditions 83
82. Cancellation of condition 84
Division 8 — Tribunal
Subdivision 1 — Referrals to Tribunal
83. Complaints and matters referred to Tribunal 85
Subdivision 2 — Tribunal
84. Jurisdiction of Tribunal 85
84A. Health assessments ordered by Tribunal 88
84B. Interlocutory orders to suspend registered teachers 89
Division 9 — Notice of orders and decisions made under this Part
85. Notice of orders and decisions made under this Part 90
Part 6 — Teacher Registration Board
Division 1 — Establishment
86. Board established 92
87. Membership of Board 92
88. Remuneration and allowances 92
Division 2 — Functions and powers
89. Functions 93
90. Powers 93
91. Delegation by Board 94
Division 3 — Staff and services
92. Staff and services 94
Division 4 — Relationship of Board with Minister
93. Directions by Minister 95
94. Minister to have access to information 95
Division 5 — Constitution and proceedings of Board
Subdivision 1 — General provisions
95. Term of office 97
96. Casual vacancies 97
97. Deputy chairperson acting as chairperson 98
98. Alternate members 98
99. Holding meetings 99
100. Quorum 99
101. Presiding at meetings 99
102. Procedure at meetings 99
103. Voting 100
104. Holding meetings remotely 100
105. Resolution without meeting 100
106. Minutes 100
107. Committees 100
Subdivision 2 — Disclosure of interest
108. Disclosure of interest 101
109. Voting by interested Board member 102
110. Section 109 may be declared inapplicable 102
111. Quorum where section 109 applies 102
112. Minister may declare sections 109 and 111 inapplicable 103
Division 6 — General
113. Execution of documents by Board 103
114. Annual report of Board 104
115. Teacher Registration Board Account 104
Part 7 — Miscellaneous
Division 1 — Publishing and using information
116. Term used: publish 106
117. Confidentiality of information 106
118. Publication of information 107
118A. Provision of information to Australian Teacher Workforce Data Initiative 109
Division 1A — Accreditation standards
118B. Accreditation standards 109
Division 2 — Legal proceedings
119. Legal proceedings 110
120. Evidence Act 1906 not affected 110
121. Evidentiary matters 111
122. Evidentiary certificate 111
123. Recovery of amounts due 112
Division 3 — Review by Tribunal
124. Review by Tribunal of certain decisions 112
Division 4 — Other matters
125. Relationship with Equal Opportunity Act 1984 114
126. Protection from liability 114
127. False or misleading information 114
128. Regulations 115
129. Forms 117
130. Review of Act in relation to Teacher Registration Amendment Act 2023 117
Part 8 — Repeals and transitional matters
Division 1 — Interpretation Act 1984 not affected
131. Interpretation Act 1984 not affected 119
Division 2 — Repeals
132. Western Australian College of Teaching Act 2004 repealed 119
133. Western Australian College of Teaching Regulations 2004 repealed 119
134. Western Australian College of Teaching (Elections) Regulations 2007 repealed 119
Division 3 — Transitional provisions arising from the enactment of the Teacher Registration Act 2012
Subdivision 1 — Terms used
135. Terms used 120
Subdivision 2 — Registration
136. Current registration continues 121
137. Registration of persons not currently registered at commencement day 121
Subdivision 3 — Former Board abolished
138. Former Board abolished 123
139. Unfinished proceedings 123
Subdivision 4 — Assets and liabilities of the College, other than those relating to real property, transferred
140. This Subdivision does not apply in respect of real property 123
141. Transfer of assets, liabilities, etc. 123
142. Winding-up 124
143. Final report 125
144. Records etc. to be delivered to CEO 125
Subdivision 5 — Staff under WACOT Act
145. Staff under WACOT Act — transition of employment 125
Subdivision 6 — Other matters
146. Disciplinary proceedings 126
147. Orders made under WACOT Act 126
148. References to College or former Board 126
149. Transitional regulations 127
Division 4 — Application of Act to individual who was WACOT teacher
149A. Terms used 128
149B. Application of Act to individual who was WACOT teacher 128
Part 8A — Transitional provisions for Teacher Registration Amendment Act 2023
Division 1 — Preliminary
149C. Terms used 134
149D. Application of Interpretation Act 1984 not affected 134
Division 2 — Applications undecided before commencement day
149E. Applications for full registration 135
149F. Applications for full registration renewal 136
149G. Applications for provisional registration 137
149H. Applications for provisional registration renewal 138
149I. Applications for limited registration 139
149J. Applications for limited registration renewal 140
149K. Applications for non‑practising registration 140
149L. Applications for extension of non‑practising registration 141
149M. Fit and proper person 142
Division 3 — Registration
149N. Teachers holding full registration before commencement day 142
149O. Teachers holding provisional registration before commencement day 143
149P. Teachers holding non‑practising registration who notified Board they commenced teaching before commencement day 145
149Q. Teachers holding non‑practising registration who had not notified Board they commenced teaching before commencement day 146
149R. Teachers holding limited registration before commencement day 147
Division 4 — Professional standards, professional learning activities policy and accreditation standards
149S. Professional standards, professional learning activities policy and accreditation standards before commencement day repealed 148
Division 5 — Investigations, complaints, inquiries, proceedings and other matters
149T. Conduct before commencement day 149
149U. Investigations commenced before commencement day 150
149V. Complaints made before commencement day 150
149W. Interim disciplinary orders made before commencement day 150
149X. Inquiries commenced before commencement day by disciplinary committee 151
149Y. Complaints referred to impairment review committee before commencement day 151
149Z. Complaints referred to Tribunal before commencement day 153
149ZA. Disqualifications ordered before commencement day 153
149ZB. Employers to give notice when teachers cease teaching in cases of serious incompetence or misconduct 154
Division 6 — Transitional regulations
149ZC. Transitional regulations 154
Part 9 — Amendments to other Acts
Division 1 — Western Australian College of Teaching Act 2004 amended
150. Western Australian College of Teaching Act 2004 amended 157
151. Long title amended 157
152. Section 3 replaced 157
3. Terms used 157
153. Section 7 amended 158
154. Sections 9 to 13 deleted 158
155. Section 15 amended 158
156. Sections 16 to 18 replaced 158
16. Term used: residual affairs 158
17. Function of College 159
18. Powers of College 159
157. Sections 19 to 21 deleted 159
158. Section 25 amended 159
159. Section 26 replaced 160
26. Funds available to the College 160
160. Sections 27 to 29 deleted 160
161. Parts 4 to 9 deleted 160
162. Schedules 1 to 4 deleted 160
Division 2 — Other Acts amended
163. Children and Community Services Act 2004 amended 161
164. Constitution Acts Amendment Act 1899 amended 161
165. Oaths, Affidavits and Statutory Declarations Act 2005 amended 161
167. Prostitution Amendment Act 2008 amended 162
168. Sentencing Act 1995 amended 162
169. Spent Convictions Act 1988 amended 162
170. State Administrative Tribunal Act 2004 amended 163
Notes
Compilation table 164
Other notes 164
Defined terms
Western Australia
Teacher Registration Act 2012
An Act to —
  * provide for the establishment of the Teacher Registration Board of Western Australia; and
  * provide for the regulation of the teaching profession in Western Australia; and
  * facilitate the establishment, implementation and administration of an inter‑jurisdictional accreditation scheme for teacher education programmes; and
  * repeal the Western Australian College of Teaching Act 2004 and the regulations made under that Act; and
  * make consequential amendments to various Acts,
and for related purposes.
Part 1 — Preliminary
1. Short title
This is the Teacher Registration Act 2012.
2. Commencement
This Act comes into operation as follows —
(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;
(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
3. Terms used
In this Act —
accreditation standards means the standards, as amended from time to time, developed by the Board and approved by the Minister under section 118B;
accredited initial teacher education program means a teacher education program accredited under, or in a manner described in, the regulations;
actionable offence means —
(a) an offence that, on conviction, would result in the person charged being a child sex offender; or
(b) a sexual offence committed against or in respect of a child; or
(c) a sexual offence committed when a child was present, or within sight of a child; or
(d) an offence the commission of which used or involved material the production of which involved a sexual offence against or in respect of a child; or
(e) an offence prescribed for the purposes of this definition;
application for renewal, of registration, means an application under section 11;
application to change, in relation to a category of registration, means an application under section 12A;
approved means approved in writing;
Board means the Teacher Registration Board of Western Australia established by section 86;
board‑formulated complaint means a complaint under section 51A;
category, of registration, means any of the following —
(a) full registration;
(b) provisional (returning teacher) registration;
(c) provisional (graduate teacher) registration;
(d) limited registration;
(e) non‑practising registration;
centre‑based service —
(a) means an education and care service as defined in the Education and Care Services National Law (Western Australia) section 5(1); but
(b) does not include a family day care service as defined in the Education and Care Services National Law (Western Australia) section 5(1);
CEO means the chief executive officer of the Department;
child means a person who is under 18 years of age;
child care service has the meaning given in the Child Care Services Act 2007 section 4;
child sex offender has the meaning given in The Criminal Code section 557K;
Commissioner of Police means the person holding or acting in the office of Commissioner of Police under the Police Act 1892;
committee means a committee established by the Board under this Act;
complainant, in relation to a complaint, means the person who made the complaint, but does not include the Board;
complaint means either of the following —
(a) a public complaint;
(b) a board‑formulated complaint;
condition includes a restriction or a prohibition;
conduct, of a person, includes an omission of the person;
criminal history check means information provided by the Australian Federal Police, the Police Force of a State or Territory or another country, or another body or agency prescribed, regarding the criminal convictions of a person for offences under the law of the Commonwealth, or of a State or Territory, or of another country;
Department means the department of the Public Service principally assisting the Minister in the administration of this Act;
Director of Public Prosecutions means the Director as defined in the Director of Public Prosecutions Act 1991 section 3;
detention centre has the meaning given in the Young Offenders Act 1994 section 3;
disciplinary committee means a committee established under section 49;
educational institution means any of the following —
(a) a school as defined in the School Education Act 1999 section 4;
(b) a kindergarten registered under the School Education Act 1999 Part 5;
(c) a child care service;
(d) a detention centre;
(e) a centre‑based service;
(f) any other prescribed institution for the purposes of this definition;
educational program means an organised set of learning activities designed —
(a) to enable a student to develop knowledge, understanding, skills and attitudes relevant to the student's individual needs; and
(b) to implement a prescribed curriculum;
employer, in relation to a registered teacher or nominee at an educational institution, means a person who is responsible for appointing, employing or engaging registered teachers at the institution or giving registered teachers permission to teach at the institution;
formerly registered teacher means a person who —
(a) was a registered teacher; but
(b) does not currently hold registration;
full registration means registration for which the eligibility requirements are set out in section 15;
harm, in relation to a person, includes harm to the mental health of the person;
health assessment —
(a) means an assessment of a person to determine whether the person has an impairment; and
(b) includes a medical, physical, psychiatric or psychological examination or test of the person;
impairment, in relation to a person —
(a) means 1 or more of the following conditions, whether arising from a condition subsisting at birth or from an illness or injury —
(i) any defect or disturbance in the normal structure or functioning of a person's body;
(ii) any defect or disturbance in the normal structure or functioning of a person's brain;
(iii) any illness or condition which impairs a person's thought processes, perception of reality, emotions or judgment or which results in disturbed behaviour;
and
(b) includes an impairment which presently exists or existed in the past but has now ceased to exist;
impairment review committee means the committee established under section 50;
inquiry means the following —
(a) in relation to an inquiry by a disciplinary committee — an inquiry under Part 5 Division 6 Subdivision 2;
(b) in relation to an inquiry by the impairment review committee — an inquiry under Part 5 Division 7 Subdivision 2;
interim order means an order made under section 59 or 60;
limited registration means registration for which the eligibility requirements are set out in section 17;
medical practitioner has the meaning given in the Health Practitioner Regulation National Law (Western Australia) section 5;
nominee, in relation to limited registration, has the meaning given in section 17;
nominee employer, in relation to limited registration, has the meaning given in section 17(a);
non‑practising registration means registration for which the eligibility requirements are set out in section 18;
prescribed means prescribed by regulation;
principal has the meaning given in the School Education Act 1999 section 4;
professional learning activities policy means the policy, as amended from time to time, approved by the Board under section 20A;
professional standards means the standards, as amended from time to time, developed by the Board and approved by the Minister under section 20;
provisional (graduate teacher) registration means registration for which the eligibility requirements are set out in section 16A;
provisional registration means registration in either of the following categories —
(a) provisional (returning teacher) registration;
(b) provisional (graduate teacher) registration;
provisional (returning teacher) registration means registration for which the eligibility requirements are set out in section 16;
psychologist has the meaning given in the Health Practitioner Regulation National Law (Western Australia) section 5;
public complaint means a complaint under section 51;
register means the register kept under Part 3 Division 2;
registered teacher means a person who is registered under Part 3;
registration means registration under Part 3;
registration application means any of the following —
(a) an application for registration under section 10;
(b) an application for renewal of registration under section 11;
(c) an application to change a category of registration under section 12A;
relevant applicant, in relation to a registration application, means either —
(a) if the registration application is for the grant or renewal of limited registration for a nominee — the nominee; or
(b) for any other registration application — the applicant;
serious incompetence has the meaning given in section 48A;
serious misconduct has the meaning given in section 48B;
serious offence means an offence (whether committed in or outside this State) that is —
(a) an indictable offence against a law of this State, the Commonwealth, another State or a Territory (whether or not the offence is or may be dealt with summarily); or
(b) an offence against the law of another State or a Territory that would be an indictable offence against a law of this State if committed in this State (whether or not the offence could be dealt with summarily if committed in this State); or
(c) an offence against the law of a foreign country that would be an indictable offence against a law of the Commonwealth or this State if committed in this State (whether or not the offence could be dealt with summarily if committed in this State);
sexual offence means any of the following offences —
(a) an offence under The Criminal Code Part V Chapter XXXI;
(b) any other offence prescribed for the purposes of this definition;
(c) an offence of attempting to commit an offence referred to in paragraph (a) or (b);
(d) an offence against a law of a jurisdiction other than Western Australia that is substantially similar to an offence referred to in paragraph (a), (b) or (c);
student means a person to whom an educational program is being delivered or whose participation in an educational program is being assessed at an educational institution;
teach, at an educational institution —
(a) means to undertake duties at the institution that include any of the following —
(i) the delivery of an educational program and the assessment of student participation in an educational program;
(ii) leading the delivery and assessment referred to in subparagraph (i), including managing others undertaking the delivery and assessment;
but
(b) does not include to undertake the following duties in the following circumstances —
(i) assistance with the delivery and assessment referred to in paragraph (a)(i) at an educational institution by a teacher's aide or a teacher's assistant at the institution;
(ii) the delivery and assessment referred to in paragraph (a)(i) at an educational institution by a student teacher on practicum placement at the institution;
(iii) duties undertaken by a person employed or engaged to provide care at a child care service but who is not employed or engaged to undertake the delivery, assessment or leadership referred to in paragraph (a) at the service;
(iv) the delivery and assessment referred to in paragraph (a)(i) at an educational institution by an unpaid volunteer at the institution unless the volunteer is undertaking duties of a kind, or to an extent, prescribed for the purposes of this subparagraph;
(v) duties undertaken by prescribed persons or in other prescribed circumstances;
Tribunal means the State Administrative Tribunal.
[Section 3 amended: No. 7 of 2022 s. 53; No. 9 of 2022 s. 424; No. 3 of 2023 s. 4 and 88.]
4. Crown bound
(1) This Act binds the State and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
(2) Nothing in this Act makes the State, or the Crown in any of its other capacities, liable to be prosecuted for an offence.
5. Best interests of children paramount
A person or body with functions under this Act must, in the performance of those functions, regard the best interests of children as the paramount consideration.
Part 2 — Teaching by unregistered persons and related offences
6. Requirement to be registered
A person must not teach at an educational institution unless the person is a registered teacher.
Penalty:
(a) for a first offence, a fine of $5 000;
(b) for a second or subsequent offence, a fine of $10 000.
[Section 6 amended: No. 3 of 2023 s. 5.]
7. Requirements in relation to appointing, employing or engaging registered teachers or giving permission to teach
(1) A person must not appoint, employ, engage or give permission to another person to teach at an educational institution unless the other person is a registered teacher.
Penalty for this subsection:
(a) for a first offence, a fine of $5 000;
(b) for a second or subsequent offence, a fine of $10 000.
(2) A person must not appoint, employ, engage or give permission to a registered teacher to teach at an educational institution in contravention of a condition to which the teacher's registration is subject.
Penalty for this subsection:
(a) for a first offence, a fine of $5 000;
(b) for a second or subsequent offence, a fine of $10 000.
(3) A person must not appoint, employ, engage or give permission to a registered teacher whose registration is suspended to teach at an educational institution.
Penalty for this subsection:
(a) for a first offence, a fine of $5 000;
(b) for a second or subsequent offence, a fine of $10 000.
[Section 7 amended: No. 3 of 2023 s. 6.]
8. Registered teachers must comply with suspension and conditions on registration
(1) A registered teacher must not contravene a condition to which the teacher's registration is subject.
Penalty for this subsection:
(a) for a first offence, a fine of $5 000;
(b) for a second or subsequent offence, a fine of $10 000.
(2) A registered teacher whose registration is suspended must not teach at an educational institution.
Penalty for this subsection:
(a) for a first offence, a fine of $5 000;
(b) for a second or subsequent offence, a fine of $10 000.
[Section 8 amended: No. 3 of 2023 s. 7.]
9. Pretending to be registered or entitled to teach
(1) A person who is not a registered teacher must not —
(a) claim to be a registered teacher; or
(b) claim to be qualified or entitled to teach at an educational institution.
Penalty for this subsection:
(a) for a first offence, a fine of $5 000;
(b) for a second or subsequent offence, a fine of $10 000.
(2) Without limiting subsection (1), a person who is not a registered teacher must not —
(a) take or use the title of registered teacher or any other title calculated to induce a belief that the person is registered under this Act; or
(b) claim to be registered, or hold themself out as being registered, under this Act; or
(c) claim to be entitled to practise as a teacher; or
(d) use a title that indicates, or could reasonably be understood as indicating, that the person is a registered teacher or qualified or entitled to teach at an educational institution.
Penalty for this subsection:
(a) for a first offence, a fine of $5 000;
(b) for a second or subsequent offence, a fine of $10 000.
(3) A registered teacher must not —
(a) claim to be registered as a teacher in a category other than the category that the person is registered in; or
(b) claim to be qualified or entitled to teach at an educational institution in contravention of a condition to which the teacher's registration is subject.
Penalty for this subsection:
(a) for a first offence, a fine of $5 000;
(b) for a second or subsequent offence, a fine of $10 000.
(4) A registered teacher whose registration is suspended must not claim to be qualified or entitled to teach at an educational institution.
Penalty for this subsection:
(a) for a first offence, a fine of $5 000;
(b) for a second or subsequent offence, a fine of $10 000.
[Section 9 amended: No. 3 of 2023 s. 8.]
Part 3 — Registration of teachers
Division 1 — Registration of teachers
Subdivision 1 — Registration applications
[Heading inserted: No. 3 of 2023 s. 9.]
10. Application for registration
(1) An application may be made to the Board for registration as a teacher in 1 of the following categories —
(a) full registration;
(b) provisional (returning teacher) registration;
(c) provisional (graduate teacher) registration;
(d) limited registration.
(2) An application must —
(a) be in writing in the form approved by the Board; and
(b) specify the category of registration applied for; and
(c) be accompanied by evidence that the relevant applicant meets the requirements for the category of registration in accordance with Subdivision 2; and
(d) be accompanied by the written consent of the relevant applicant for the Board to obtain a criminal history check in respect of the relevant applicant; and
(e) be accompanied by the prescribed registration fee, if any.
(3) The fee referred to in subsection (2)(e) is not refundable.
[Section 10 inserted: No. 3 of 2023 s. 9.]
11. Application for renewal of registration
(1) An application may be made to the Board for the renewal of a registered teacher's registration if the registration is in 1 of the following categories —
(a) full registration;
(b) provisional (returning teacher) registration;
(c) provisional (graduate teacher) registration;
(d) limited registration.
(2) An application must —
(a) be in writing in the form approved by the Board; and
(b) specify the category of registration that the application is in respect of; and
(c) be accompanied by the written consent of the relevant applicant for the Board to obtain a criminal history check in respect of the relevant applicant; and
(d) be accompanied by the prescribed renewal fee, if any.
(3) The fee referred to in subsection (2)(d) is not refundable.
[Section 11 inserted: No. 3 of 2023 s. 9.]
12. Applicant for limited registration is employer
An application for the grant or renewal of limited registration for a nominee must be made by a nominee employer in relation to the teaching position referred to in section 17(a) for the nominee.
[Section 12 inserted: No. 3 of 2023 s. 9.]
12A. Application to change category of registration
(1) An application may be made to the Board to change a registered teacher's category of registration to another category as follows —
(a) from full registration to non‑practising registration;
(b) from provisional registration to full registration;
(c) from provisional registration to non‑practising registration;
(d) from non‑practising registration to full registration;
(e) from non‑practising registration to provisional registration.
(2) An application must —
(a) be in writing in the form approved by the Board; and
(b) specify the category to which the registration is to be changed; and
(c) be accompanied by evidence that the applicant meets the requirements for the category to which the registration is to be changed in accordance with Subdivision 2; and
(d) if the application is to change to a category of registration other than non‑practising registration — be accompanied by the written consent of the applicant for the Board to obtain a criminal history check in respect of the applicant; and
(e) be accompanied by the prescribed fee, if any.
(3) The fee referred to in subsection (2)(e) is not refundable.
[Section 12A inserted: No. 3 of 2023 s. 9.]
13. Information in support of registration application
(1) The Board may, in writing, request that a relevant applicant or a nominee employer who has made a registration application does any or all of the following —
(a) provide the Board with any further information relevant to the application that the Board requires;
(b) verify any further information by statutory declaration;
(c) provide the Board with the relevant applicant's written consent to seek, from another person or body specified by the Board, information relevant to the application.
(2) The Board may, in writing, request that a relevant applicant or a nominee employer who has made a registration application attends before the Board for the purpose of satisfying the Board as to any matter relevant to the application.
(3) The Board may refuse a registration application if the relevant applicant or the nominee employer who has made the registration application does not comply with a request made under this section.
[Section 13 inserted: No. 3 of 2023 s. 9.]
14. Board may refuse to consider some registration applications
The Board may refuse to consider, or consider further, a registration application if —
(a) it is not made in accordance with this Act; or
(b) a complaint was made against the relevant applicant and the complaint is not finally dealt with at the time the application was made; or
(c) the relevant applicant's registration is suspended; or
(d) the relevant applicant is disqualified from having registration granted.
[Section 14 inserted: No. 3 of 2023 s. 9.]
Subdivision 2 — Requirements for registration
15. Full registration: requirements
A person is eligible for full registration in relation to a registration application if the person —
(a) meets the teaching qualification requirements set out in section 18A; and
(b) is a person who —
(i) meets any professional standards approved for full registration; or
(ii) within the 5 years before the day on which the Board receives the application, has met any professional standards approved for full registration as in force at the time the person was assessed against the standards;
and
(c) is a fit and proper person under section 24; and
(d) has the English language skills, both written and oral, prescribed as suitable for registration as a teacher.
[Section 15 inserted: No. 3 of 2023 s. 10.]
16. Provisional (returning teacher) registration: requirements
A person is eligible for provisional (returning teacher) registration in relation to a registration application if the person —
(a) meets the teaching qualification requirements set out in —
(i) if the person was conferred a qualification referred to in section 18A(1)(a)(i) more than 5 years before the day on which the Board receives the application — section 18A(1)(a)(i); or
(ii) in any other case — section 18A(1)(a)(ii) or (b);
and
(b) is a fit and proper person under section 24; and
(c) has the English language skills, both written and oral, prescribed as suitable for registration as a teacher.
[Section 16 inserted: No. 3 of 2023 s. 10.]
16A. Provisional (graduate teacher) registration: requirements
A person is eligible for provisional (graduate teacher) registration in relation to a registration application if the person —
(a) meets the teaching qualification requirements set out in section 18A(1)(a)(i); and
(b) is a person who —
(i) meets any professional standards approved for provisional (graduate teacher) registration; or
(ii) within the 5 years before the day on which the Board receives the application, has met any professional standards approved for provisional (graduate teacher) registration as in force at the time the person was assessed against the standards;
and
(c) is a fit and proper person under section 24; and
(d) has the English language skills, both written and oral, prescribed as suitable for registration as a teacher.
[Section 16A inserted: No. 3 of 2023 s. 10.]
17. Limited registration: requirements
A person (the nominee) is eligible for limited registration if the nominee —
(a) has been offered a teaching position at an educational institution by an employer (a nominee employer) at the institution; and
(b) is a fit and proper person under section 24; and
(c) has the English language skills, both written and oral, prescribed as suitable for limited registration as a teacher; and
(d) meets any other requirements for limited registration as are prescribed.
[Section 17 amended: No. 3 of 2023 s. 11.]
18. Non‑practising registration: requirements
A person is eligible for non‑practising registration if the person —
(a) does not intend to teach at an educational institution for a period of time; and
(b) holds full registration or provisional registration.
[Section 18 inserted: No. 3 of 2023 s. 12.]
18A. Teaching qualification requirements
(1) A person meets the teaching qualification requirements if the person —
(a) has a teaching qualification —
(i) from an accredited initial teacher education program; or
(ii) that the Board recognises as equivalent to the qualification referred to in subparagraph (i);
or
(b) has a teaching qualification and teaching experience that the Board considers is sufficient to enable the person to hold registration as a teacher.
(2) Subsection (1)(a)(ii) and (b) do not apply in relation to a person applying for provisional (returning teacher) registration if the person holds a teaching qualification from an accredited initial teacher education program.
[Section 18A inserted: No. 3 of 2023 s. 12.]
19. Only natural persons may be registered as teachers
Registration as a teacher under this Act may be granted only to a natural person.
20. Professional standards
(1) The Minister may approve standards developed by the Board to detail the abilities, experience, knowledge or skills expected of registered teachers.
(2) The standards may adopt the text of any code, rules, specifications, standard or other document issued, published or approved by another person or body.
(3) The text referred to in subsection (2) may be adopted —
(a) wholly or in part or as modified by the standards; and
(b) as it exists at a particular date or as amended from time.
(4) The Board must make the standards available for inspection on a website maintained by the Board.
(5) The standards commence at the beginning of the day after the day on which they are made available for inspection under subsection (4) or on a later day provided for in the standards.
(6) The standards are not subsidiary legislation for the purposes of the Interpretation Act 1984.
(7) The Interpretation Act 1984 sections 43 (other than subsection (6)) and 44 and Part VIII apply to the standards as if they were subsidiary legislation.
[Section 20 inserted: No. 3 of 2023 s. 13.]
20A. Professional learning activities policy
(1) The Board may approve a policy for professional learning activities to set the standards for registered teachers, including those applying for renewal of their registration, to maintain their skills and knowledge in relation to teaching.
(2) The Board must make the policy available for inspection on a website maintained by the Board.
(3) The policy commences at the beginning of the day after the day on which it is made available for inspection under subsection (2) or on a later day provided for in the policy.
(4) The policy is not subsidiary legislation for the purposes of the Interpretation Act 1984.
(5) The Interpretation Act 1984 sections 43 (other than subsection (6)) and 44 and Part VIII apply to the policy as if it was subsidiary legislation.
[Section 20A inserted: No. 3 of 2023 s. 14.]
Subdivision 3 — Registration
21. Grant of registration
(1) The Board may, on application under section 10, grant registration to the relevant applicant in the category for which the application was made if the Board is satisfied that the relevant applicant meets the requirements for registration in that category.
(2) The Board cannot grant registration to a person who is indefinitely disqualified from having registration granted by an order of the Tribunal unless —
(a) the order was made more than 5 years before the day on which the registration is granted; and
(b) the Board has applied for, and obtained, the approval of the Tribunal to do so.
(3) In considering whether to give approval under subsection (2)(b), the Tribunal must consider whether the person is a fit and proper person to be registered, having regard to —
(a) the matters set out in section 24(1)(a) to (g); and
(b) the recommendation of the Board about the person's fitness and propriety in relation to those matters.
(4) The Board cannot grant non‑practising registration under this section.
(5) The Board cannot grant registration to a teacher whose registration is suspended.
[Section 21 inserted: No. 3 of 2023 s. 15.]
22. Renewal of registration
(1) An application for renewal of registration for a registered teacher must be made to the Board at least 28 days before the end of the nominal registration period under section 23(2) or (3) or 23A(1), as applicable, of the teacher's current registration.
(2) The Board may, on application under section 11, renew the registration of a registered teacher if the Board is satisfied that —
(a) the teacher continues to be a fit and proper person under section 24; and
(b) the teacher is complying with the conditions, if any, imposed on the teacher's registration; and
(c) the teacher has met any other requirements for the renewal of registration as are prescribed in respect of the relevant category of registration.
(3) The Board can renew provisional registration only if the Board is satisfied that there are sufficient reasons for doing so in the circumstances of the case.
(4) The Board cannot renew non‑practising registration.
(5) The Board cannot renew the registration of a teacher whose registration is suspended.
[Section 22 inserted: No. 3 of 2023 s. 15.]
22A. Change of category of registration
(1) An application to change a registered teacher's category of registration from a category other than non‑practising registration must be made to the Board at least 28 days before the end of the nominal registration period under section 23(2) or (3), as applicable, of the teacher's current registration.
(2) If a registered teacher's non‑practising registration has a nominal expiry date under section 23C(1)(a), an application to change the teacher's category of registration must be made to the Board at least 28 days before the nominal expiry date.
(3) The Board may, on application under section 12A, change a registered teacher's category of registration to the category applied for if the Board is satisfied that the teacher meets the following requirements —
(a) in relation to an application to change the category from provisional registration to full registration — the requirements set out in section 15(b) and (c);
(b) in relation to an application to change the category from non‑practising registration to full registration — the requirements set out in section 15(b) to (d);
(c) in relation to an application to change the category from non‑practising registration to provisional (returning teacher) registration if the teacher was conferred a qualification referred to in section 18A(1)(a)(i) —
(i) the qualification was conferred more than 5 years before the day on which the application was received by the Board; and
(ii) the requirements set out section 16(b) and (c);
(d) in relation to an application to change the category from non‑practising registration to provisional (returning teacher) registration if the teacher was not conferred a qualification referred to in section 18A(1)(a)(i) — the requirements set out in section 16(b) and (c);
(e) in relation to an application to change the category from non‑practising registration to provisional (graduate teacher) registration — the requirements set out in section 16A(b) and (c);
(f) in relation to an application to change the category from full registration or provisional registration to non‑practising registration — the requirements set out in section 18.
(4) The Board cannot change the category of registration of a teacher whose registration is suspended.
[Section 22A inserted: No. 3 of 2023 s. 15.]
23. Duration of full registration or provisional registration
(1) In this section —
required time means —
(a) in relation to the renewal of registration — the period of 28 days required under section 22(1); or
(b) in relation to a change of category of registration — the period of 28 days required under section 22A(1) or (2).
(2) The period (the nominal registration period) of full registration is 5 years beginning on —
(a) if the registration is granted under section 21 — the day on which the decision to grant the registration is made or a later day specified by the Board; or
(b) if the registration is renewed under section 22 — the day on which the decision to renew the registration is made or a later day specified by the Board; or
(c) if the registration category is changed under section 22A — the day on which the decision to change the category is made or a later day specified by the Board.
(3) The period (the nominal registration period) of provisional registration is 3 years or a shorter period as is approved by the Board beginning on —
(a) if the registration is granted under section 21 — the day on which the decision to grant the registration is made or a later day specified by the Board; or
(b) if the registration is renewed under section 22 — the day on which the decision to renew the registration is made or a later day specified by the Board; or
(c) if the registration category was changed under section 22A — the day on which the decision to change the category is made or a later day specified by the Board.
(4) Despite a nominal registration period under subsection (2) or (3), a person's full registration or provisional registration (the old registration) expires as follows (whether or not this expiry is before or after the end of the nominal registration period) —
(a) if an application is made, within the required time, for renewal of the old registration and the renewal is granted (the new registration) — immediately before the day on which the new registration begins;
(b) if an application is made, within the required time, to change the category of the old registration and the change is granted (the new registration) — immediately before the day on which the new registration begins;
(c) if an application for renewal of registration is made for the person within the required time and the application is refused after the end of the nominal registration period for the old registration — on the day on which notice of that decision is given to the applicant under section 29;
(d) if an application to change the category of registration is made for the person within the required time and the application is refused after the end of the nominal registration period for the old registration — on the day on which notice of that decision is given to the applicant under section 29.
[Section 23 inserted: No. 3 of 2023 s. 15.]
23A. Duration of limited registration
(1) The period (the nominal registration period) of limited registration is 3 years or a shorter period as is approved by the Board beginning on —
(a) if the registration is granted under section 21 — the day on which the decision to grant the registration is made or a later day specified by the Board; or
(b) if the registration is renewed under section 22 — the day on which the decision to renew the registration is made or a later day specified by the Board.
(2) However, if a nominee employer gives notice under subsection (3) to the Board of the employer's intention to make an application for limited registration under section 10 for a nominee, the nominee's limited registration is taken to have been granted on the day on which the notice was given.
(3) A nominee employer may give the Board notice (a pre‑application notice) of the employer's intention to make an application for limited registration under section 10 for a nominee if —
(a) the pre‑application notice is in a form approved by the Board; and
(b) the employer —
(i) has not previously given a pre‑application notice to the Board in relation to the nominee; or
(ii) is approved by the Board to give the pre‑application notice for the nominee.
(4) Despite a nominal registration period under subsection (1), a nominee's limited registration (the old registration) expires as follows (whether or not this expiry is before or after the end of the nominal registration period) —
(a) if an application is made for the nominee, within the period of 28 days required under section 22(1), for renewal of the old registration and the renewal is granted (the new registration) — immediately before the day on which the new registration begins;
(b) if an application for renewal of registration is made for the nominee within the required time under section 22(1) and the application is refused after the end of the nominal registration period for the old registration — on the day on which notice of that decision is given to the applicant and the nominee under section 29;
(c) if an application for registration (the new registration) under section 10 is made for the nominee and the application is granted — immediately before the day on which the new registration begins;
(d) if the nominee employer has given pre‑application notice and the application for the limited registration is refused — on the day on which notice of that decision is given to the applicant and the nominee under section 29;
(e) if the nominee employer has given pre‑application notice and the application for the limited registration is not made within 14 days (the termination period) after the day on which the notice was given — at the end of the termination period.
[Section 23A inserted: No. 3 of 2023 s. 15.]
23B. Duration of limited registration when teaching position ends
(1) This section applies to limited registration held by a nominee in relation to an offer of a teaching position with a nominee employer.
(2) Despite section 23A, the nominee's limited registration expires on the day (the expiry day) on which the nominee's appointment, employment or engagement or permission to teach with the nominee employer ends in relation to the teaching position if the expiry day is before —
(a) the end of the nominal registration period; or
(b) an expiry that applies under section 23A(4) to the registration.
[Section 23B inserted: No. 3 of 2023 s. 15.]
23C. Duration of non‑practising registration
(1) The period of non‑practising registration commences on the day on which the decision to grant the registration is made or a later day specified by the Board and —
(a) expires on a date (the nominal expiry date) specified by the Board; or
(b) in any other case — is for an indefinite period.
(2) Despite subsection (1), a person's non‑practising registration expires immediately before the day on which registration begins in another category granted to the person by the Board if —
(a) the person applies to change their category of registration from non‑practising registration; and
(b) in relation to non‑practising registration with a nominal expiry date — the requirements in section 22A(2) are met.
[Section 23C inserted: No. 3 of 2023 s. 15.]
24. Who is a fit and proper person
(1) In determining whether a person is a fit and proper person to be registered, the Board must have regard to the following —
(a) the person's history of compliance with —
(i) this Act; or
(ii) a law of another State or a Territory or New Zealand that deals with the registration of teachers (however described);
(b) any decision under this Act or a law referred to in paragraph (a)(ii) to refuse, refuse to renew, suspend or cancel a licence, approval, registration, certification or other authorisation (however described) granted to the person under the Act or law;
(c) the criminal history from a criminal history check of the person;
(d) any behaviour of the person that —
(i) departs from the standard of behaviour reasonably expected of a registered teacher; or
(ii) shows that the person is not of good character;
(e) whether the person has contravened —
(i) an order of the Board, a disciplinary committee or the Tribunal under Part 5; or
(ii) an order of a disciplinary body or of a court or tribunal of another jurisdiction exercising jurisdiction or powers by way of appeal or review of an order of a disciplinary body that deals with the registration of teachers (however described);
(f) without limiting any other paragraph, whether the person has failed to pay any costs, expenses or fines for which the person is liable under this Act;
(fa) whether the person would be unable to carry out the inherent requirements of the work of a registered teacher because of an impairment;
(g) any other matters relating to the person that the Board considers are appropriate.
(2) Despite subsection (1), a person is taken to be a fit and proper person to be registered in relation to a registration application if the person —
(a) meets any prescribed requirements within 5 years before the day on which the Board receives the registration application for the person and no further information has become available to the Board about the person's fitness or propriety, including from a criminal history check, since the person met the prescribed requirements; or
(b) has approval under section 21(2)(b) from the Tribunal given within 5 years before the day on which the Board receives the registration application for the person and no further information relevant to the approval has become available to the Board about the person's fitness or propriety, including from a criminal history check, since the approval was given.
[Section 24 amended: No. 3 of 2023 s. 16.]
Subdivision 4 — Conditions and cancellation
25. Conditions generally
(1) Registration of a teacher is subject to any condition —
(a) imposed by the Board under section 26; or
(b) to which the registration is subject under this Act; or
(c) imposed by order made under Part 5.
(2) The regulations may provide for conditions of registration.
26. Conditions imposed by the Board
(1) The Board may impose conditions on the registration of a teacher —
(a) when granting, renewing or changing the category of the registration; or
(b) during the currency of the registration.
(2) The Board may at any time, on the application of a registered teacher or on its own initiative, on reasonable grounds, modify or cancel a condition on a teacher's registration.
(2A) Without limiting subsections (1) and (2), conditions on a teacher's registration may be imposed, modified or cancelled by the Board under this section if the teacher's ability to carry out the inherent requirements of the work of a registered teacher is affected, or is likely to be affected, because of an impairment.
(3) Conditions imposed or modified by the Board under this section must be reasonable and relevant to ensuring the professional, competent and safe practice of teaching by the registered teacher.
(4) The Board must not exercise its power under this section to modify or cancel a condition imposed or modified by the Tribunal without the consent of the Tribunal.
(5) A condition imposed by the Board may apply indefinitely or for a specified period of time.
(6) A decision to impose, modify or cancel a condition on a teacher's registration made during the currency of the registration takes effect —
(a) on the day on which notice of the decision is given to the teacher under section 30; or
(b) on a later day specified in the notice.
[Section 26 amended: No. 3 of 2023 s. 17.]
26A. Condition of non‑practising registration
It is a condition of non‑practising registration that a person holding the registration must not teach at an educational institution.
[Section 26A inserted: No. 3 of 2023 s. 18.]
27. Cancellation of registration by Board
(1) The Board must cancel the registration of a teacher as soon as possible after the Board becomes aware that the teacher is not entitled to be registered.
(2) A teacher is not entitled to be registered if —
(a) the teacher has been convicted or found guilty of an actionable offence; or
(b) a negative notice or an interim negative notice has been issued to the teacher under the Working with Children (Screening) Act 2004; or
(c) the teacher has failed to give to the Board the teacher's written consent for the Board to obtain a criminal history check in accordance with a notice under section 43; or
(d) a qualification that enabled the teacher to gain registration has been withdrawn or cancelled by the body that conferred the qualification; or
(e) a qualification that enabled the teacher to gain registration was forged or fraudulently obtained; or
(ea) information in a registration application about the teaching experience referred to in section 18A(1)(b) that enabled the teacher to gain registration is misleading in a material particular; or
(f) the teacher is in arrears in respect of fees due and payable under this Act.
(3) However, the registration of a teacher must not be cancelled under this section, or if the registration has been cancelled must be reinstated by the Board, if —
(a) where subsection (2)(a) applies, the Board becomes aware that a relevant conviction or finding in respect of that teacher has been quashed or overturned on appeal; or
(b) where subsection (2)(b) applies, the Board becomes aware that an interim negative notice or a negative notice has been cancelled under the Working with Children (Screening) Act 2004 in respect of that teacher; or
(c) where subsection (2)(c) or (f) applies, the Board is of the opinion that there are extenuating circumstances.
(4) Subsection (2) continues to apply in respect of a person during —
(a) an appeal from a conviction or finding relevant to subsection (2)(a); or
(b) a review of a decision to issue, or to refuse to cancel, a negative notice referred to in subsection (2)(b).
(5) The cancellation or reinstatement of a teacher's registration under this section takes effect —
(a) on the day on which notice of the cancellation or reinstatement is given to the teacher; or
(b) on a later day specified in the notice.
[Section 27 amended: No. 47 of 2022 s. 53; No. 3 of 2023 s. 19, 87 and 88.]
28. Cancellation of registration at teacher's request
The Board must cancel the registration of a teacher at the written request of the teacher.
[Section 28 amended: No. 3 of 2023 s. 87.]
Subdivision 5 — Notice of decisions and opportunity to show cause why some decisions should not be made
29. Notice of decisions on registration must be given
(1) The Board must give written notice of the outcome of a registration application no later than 14 days after deciding on the outcome of the application to —
(a) the applicant; and
(b) if the application is in respect of limited registration — the nominee.
(2) If the registration is granted under section 21(1), renewed under section 22(2) or changed under section 22A(3) the notice must contain the following —
(a) the category of registration;
(b) the period of the registration;
(c) the person's registration number;
(d) any conditions imposed on the registration;
(e) if a condition is imposed —
(i) the reasons for the imposition of the condition; and
(ii) a statement that the applicant may have a right to a review under section 124.
(3) If a registration application is refused the notice must contain —
(a) the reasons why it has been refused; and
(b) a statement that the applicant may have a right to a review under section 124.
[Section 29 inserted: No. 3 of 2023 s. 20.]
30. Notice of decisions to impose, modify or cancel a condition made during currency of registration
(1) The Board must give written notice of a decision under section 26 to impose, modify or cancel a condition on a teacher's registration during the currency of the registration no later than 14 days after making the decision to —
(a) the teacher; and
(b) if the teacher holds limited registration — the employer of the teacher.
(2) The notice must contain —
(a) the reasons for the decision; and
(b) a statement that the teacher and the employer may have a right to a review under section 124.
[Section 30 amended: No. 3 of 2023 s. 21 and 87.]
31. Notice of cancellation or reinstatement of registration must be given
(1) The Board must give written notice of the cancellation or reinstatement of the person's registration under section 27 no later than 14 days after making the decision to cancel or reinstate the registration to —
(a) the person whose registration is cancelled or reinstated; and
(b) if the person holds, or held, limited registration — the employer of that person.
(2) The notice must contain —
(a) a reference to the provision of this Act under which the registration was cancelled or reinstated; and
(b) the reasons for the cancellation or reinstatement of the registration; and
(c) if the notice is about the cancellation of registration, a statement that the person whose registration is cancelled may have a right to a review under section 124.
(3) The notice must not contain identifying information provided by the Commissioner of Police under section 41A.
[Section 31 amended: No. 3 of 2023 s. 22 and 87.]
32. Board to give reasonable opportunity to show cause why some decisions should not be made
(1) Before making any of the following decisions the Board must give the applicant a reasonable opportunity to show cause why the decision should not be made —
(a) the refusal of a registration application;
(b) the granting of a registration application subject to a condition.
(2) Before making a decision under section 26 to impose, modify or cancel a condition on a teacher's registration during the currency of the registration, the Board must give a reasonable opportunity to show cause why the decision should not be made to —
(a) the teacher whose registration will be affected; and
(b) if the teacher holds limited registration — the employer of the teacher.
[Section 32 amended: No. 3 of 2023 s. 23 and 87.]
Subdivision 6 — General provisions
33. Effect of cancellation of registration
If a person's registration is cancelled under this Act the person's name must be removed from the register.
[Section 33 amended: No. 3 of 2023 s. 87.]
[34. Deleted: No. 3 of 2023 s. 24]
35. Annual fees
Each registered teacher must pay to the Board the annual fee, if any, prescribed.
[Section 35 amended: No. 3 of 2023 s. 87.]
Division 2 — The register
36. Register of teachers to be kept
(1) The Board is required to keep an accurate and up to date register that records the following information in respect of each registered teacher —
(a) the person's name;
(b) the category of registration that the person holds;
(c) the person's registration number;
(d) the date of commencement of the person's registration;
(e) any other information prescribed.
(2) The register may be kept in any way the Board thinks app
        
      