Australian Capital Territory Numbered Acts

ACT TEACHER QUALITY INSTITUTE ACT 2010 (NO. 55 OF 2010) - SECT 51

    (1)     A registered teacher may apply, in writing, to the institute not later than the day the teacher's registration expires to renew the registration.

Note 1     If a form is approved under s 96 for this provision, the form must be used.

Note 2     A fee may be determined under s 95 for this provision.

    (2)     The institute may, in writing, require the teacher to give the institute additional information or documents that the institute reasonably needs to decide the application.

Note     Giving false or misleading information and producing false or misleading documents are offences against the Criminal Code, s 338 and s 339.

    (3)     If the teacher does not comply with a requirement under subsection (2), the institute may refuse to consider the application further.

    (4)     On application to renew a registration, the institute must—

        (a)     renew the registration; or

        (b)     refuse to renew the registration.

    (5)     The institute must renew the registration if satisfied—

        (a)     for the renewal of––

              (i)     a full registration––that the teacher is eligible for full registration; or

              (ii)     a provisional registration––that the teacher is eligible for provisional registration; and

        (b)     that the teacher is complying with any condition of the registration; and

        (c)     that the teacher has undertaken any further professional education or development requirements prescribed by regulation; and

        (d)     that in the 5-year period before the renewal, the teacher has supplied a police certificate or, if applicable, a certified copy of the teacher's criminal history record and any convictions mentioned in the certificate or criminal history record do not have a high degree of direct connection with the inherent requirements of the teaching profession.

    (6)     However, the institute may refuse to renew the registration, only if—

        (a)     the institute has given the teacher written notice of the proposed refusal; and

        (b)     the notice states––

              (i)     the reasons for the proposed refusal; and

              (ii)     that written comments on the proposed refusal may be made to the institute before the end of a stated period of at least 14 days after the day the notice is given to the teacher; and

Note     The teacher may apply for an extension of the period (see  s 55).

        (c)     the institute has considered any comments made by the teacher before the end of the stated period.

    (7)     If a teacher applies to renew a registration under this section, the registration remains in force until the application is decided.

    (8)     A renewed registration is effective from the expiry day of the registration held immediately before renewal.

    (9)     A teacher who does not apply for renewal of the teacher's registration under subsection (1) is not entitled to apply for the renewal of the registration but may apply for registration under section 30.

    (10)     If the institute decides not to renew a teacher's registration, the institute must as soon as practicable refund the fee, if any, paid by the teacher.