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ACT TEACHER QUALITY INSTITUTE AMENDMENT ACT 2019 (NO. 26 OF 2019) - SECT 15

New part 6A

insert

Part 6A     Professional experience

Division 6A.1     Preliminary

70E     Meaning of professional experience

In this Act:

"professional experience" means the placement of a pre-service teacher at a school to undertake the professional teaching experience required of an accredited pre-service teacher education program.

Division 6A.2     Approval for professional experience

70F     Approval required for professional experience

A pre-service teacher must not undertake professional experience at a school unless the pre-service teacher is approved for professional experience.

70G     Professional experience approval

    (1)     A person may apply to the institute for approval for professional experience if the person—

        (a)     is a pre-service teacher; and

        (b)     holds a working with vulnerable people registration.

    (2)     The application must include—

        (a)     any details prescribed by regulation; and

        (b)     any documents or information needed to satisfy the institute of the matters set out in subsection (1).

Note     Giving false or misleading information and producing false or misleading documents are offences against the Criminal Code

, s 338 and s 339.

    (3)     However, the application need not include any details prescribed by regulation as optional.

    (4)     The institute must, on application, approve a person for professional experience if satisfied that the person meets—

        (a)     the requirements set out in subsection (1); and

        (b)     any other requirements prescribed by regulation.

    (5)     A pre-service teacher's approval is in force for the period—

        (a)     beginning on the day the approval is given; and

        (b)     ending on the earliest of any of the following occurring:

              (i)     the pre-service teacher stops being enrolled in an accredited pre-service teacher education program;

              (ii)     the pre-service teacher's working with vulnerable people registration is suspended or ends;

              (iii)     the pre-service teacher no longer meets any requirement prescribed by regulation under subsection (4) (b);

              (iv)     any period for an approval prescribed by regulation ends.

Division 6A.3     Pre-service teachers register

70H     Register of pre-service-teachers

    (1)     The institute must keep a register (the pre-service teachers register ) of pre-service teachers who are approved to undertake professional experience.

    (2)     The pre-service teachers register may be kept in any form, including electronically.

Example

1 or more computer databases

    (3)     The institute must not disclose any information on the pre-service teachers register to anyone else except in accordance with this Act or another law in force in the ACT.

Note     The Territory privacy principles (the TPPs ) apply to the institute (see  Information Privacy Act 2014

, sch 1). The TPPs deal with the collection, storage and exchange of personal information.

    (4)     Any mistake, error or omission on the pre-service teachers register must be corrected.

Note     It is an offence to divulge protected information such as the information on the pre-service teachers register unless authorised by law (see s 92).

70I     Details to be entered on pre-service teachers register

    (1)     The following details must be entered on the pre-service teachers register in relation to a pre-service teacher approved for professional experience:

        (a)     the pre-service teacher's—

              (i)     name and any former names; and

              (ii)     home address, preferred contact address, phone number and email address; and

              (iii)     date of birth; and

              (iv)     working with vulnerable people registration;

        (b)     any number issued by the Commonwealth to uniquely identify the pre-service teacher as a Commonwealth assisted student;

Example

the pre-service teacher's Commonwealth Higher Education Student Support Number

        (c)     details of the accredited pre-service teacher education program in which the pre-service teacher is enrolled, including—

              (i)     the program provider's name; and

              (ii)     the name of the program;

        (d)     details of any professional experience the pre-service teacher has undertaken or intends to undertake at a school within or outside the ACT, including—

              (i)     the name and address of the school; and

              (ii)     the period of the placement; and

              (iii)     the name of any person supervising or mentoring the pre-service teacher;

        (e)     the period the approval is in force;

        (f)     the approval number;

        (g)     any other details prescribed by regulation.

    (2)     The pre-service teachers register may also include—

        (a)     the pre-service teacher's gender; and

        (b)     whether the pre-service teacher is an Aboriginal or Torres Strait Islander person; and

        (c)     any details about any education program or professional experience of a pre-service teacher that the institute considers may be relevant for this Act.

70J     Sharing pre-service teachers register information—principals and universities

    (1)     The institute may, on request, give relevant information about a pre-service teacher held on the pre-service teachers register to the following people:

        (a)     the principal of a school within or outside the ACT at which the pre-service teacher has undertaken, or intends to undertake, professional experience;

        (b)     the provider of the accredited pre-service teacher education program in which the pre-service teacher is enrolled.

    (2)     However, the institute must not give the relevant information unless satisfied the person needs the information for the administration of the pre-service teacher's professional experience.

    (3)     In this section:

"relevant information", about a pre-service teacher, means—

        (a)     the pre-service teacher's—

              (i)     name and any former names; and

              (ii)     home address, preferred contact address, phone number and email address; and

              (iii)     date of birth; and

              (iv)     working with vulnerable people registration; and

        (b)     the name of the provider of the accredited pre-service teacher education program in which the pre-service teacher is enrolled; and

        (c)     the following details of any professional experience the pre-service teacher has undertaken or intends to undertake at a school within or outside the ACT:

              (i)     the name and address of the school;

              (ii)     the period of the professional experience;

              (iii)     the name of any person supervising or mentoring the pre-service teacher.

70K     Sharing pre-service teacher information—approved data linkage agency

    (1)     The institute may give information on the pre-service teachers register to an approved data linkage agency if the institute is satisfied the information will be used for a planning or research purpose.

Note     Approved data linkage agency —see s 94A.

    (2)     An approved data linkage agency that receives information under this section may give the information to another entity only for a planning or research purpose.

    (3)     However, an approved data linkage agency that receives information under this section must not—

        (a)     give the information to another entity in a way that identifies a pre-service teacher or a provider of an accredited pre-service teacher education program; or

        (b)     use the information

              (i)     in a way that identifies a pre-service teacher or a provider of an accredited pre-service teacher education program; or

              (ii)     for a purpose other than a planning or research purpose.

    (4)     In this section:

"information", on the pre-service teachers register, includes information removed from the pre-service teachers register under section 70M (4).

70L     Sharing pre-service teachers register information—other entities

    (1)     The institute may give information on the pre-service teachers register to an entity if the institute is satisfied the information will be used for a planning or research purpose.

    (2)     However—

        (a)     the institute must not give the information to an entity in a way that identifies a pre-service teacher or a provider of an accredited pre-service teacher education program; and

        (b)     the entity must not use the information for a purpose other than a planning or research purpose.

    (3)     In this section:

"information", on the pre-service teachers register—see section 70K (4).

70M     Changes to pre-service teachers register

    (1)     A pre-service teacher approved for professional experience must tell the institute about any of the following events as soon as practicable, but not later than 21 days, after the event happens:

        (a)     the pre-service teacher's name or address changes;

        (b)     the pre-service teacher's working with vulnerable people registration ends or is suspended.

    (2)     The provider of the accredited pre-service teacher education program in which a pre-service teacher is enrolled must tell the institute—

        (a)     if the pre-service teacher's enrolment ends; or

        (b)     if the provider becomes aware that the pre-service teacher's working with vulnerable people registration has ended or been suspended—that the registration has ended or been suspended.

    (3)     If a change in relation to a pre-service teacher is notified under subsection (1) or (2), the institute must enter the change on the pre-service teachers register.

    (4)     If a pre-service teacher's approval ends, the pre-service teacher's details must be removed from the pre-service teachers register.

Note     For when a pre-service teacher's approval ends, see s 70G (5) (b).

    (5)     However, nothing in this section prevents the institute keeping a record of any of the following in relation to a pre-service teacher or an approval:

        (a)     a previous name or address of the pre-service teacher;

        (b)     a previous enrolment of the pre-service teacher in a pre-service teaching education program;

        (c)     any details removed from the pre-service teachers register under subsection (4).

    (6)     In this section:

"address" means home address, preferred contact address and email address.

70N     Pre-service teacher may correct pre-service teachers register

    (1)     The institute must, if asked by a pre-service teacher, give the pre-service teacher a copy of all the information held on the pre-service teachers register in relation to the pre-service teacher.

    (2)     The institute must comply with subsection (1) as soon as practicable, but not later than 14 days, after the day the institute is asked.

    (3)     A pre-service teacher may ask the institute to amend any incorrect information held on the pre-service teachers register in relation to the pre-service teacher.

    (4)     The institute must comply with the request if satisfied that the information is incorrect.



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