(1) In deciding whether a person is a fit and proper person to teach, the Board:
(a) must take into account the person's criminal history; and
(b) must take into account any behaviour of the person that:
(i) does not meet the standard of behaviour reasonably expected of a teacher; or
(ii) is not in accordance with a code of professional ethics developed and maintained by the Board; or
(iii) shows that the person is not of good character; and
(c) must take into account whether the person:
(i) has had an application for registration as a teacher, in the Territory or elsewhere, refused; or
(ii) has had his or her registration as a teacher, in the Territory or elsewhere, suspended or cancelled; or
(iii) has been disqualified from registration by the Board; or
(iv) is, or has been, disqualified from registration as a teacher by a registration authority; and
(d) must take into account any conditions currently or previously imposed on the person's registration as a teacher, either in the Territory or elsewhere; and
(da) must take into account whether the person holds a clearance notice that is in force; and
(e) may take into account other matters it considers relevant.
(2) If, after considering the matters mentioned in subsection (1), the Board is not satisfied a person is a fit and proper person to teach, the Board must:
(a) give the person written notice of the reasons the Board is not satisfied the person is a fit and proper person to teach; and
(b) invite the person to make an oral or written submission to the Board within a reasonable period, as specified in the notice, to respond to those reasons.
(3) If the person chooses to appear before the Board to make an oral submission, the person may be accompanied by another person but is not entitled to be represented by the other person.
(4) The Board must not decide whether the person is a fit and proper person to teach until:
(a) the person has made a submission; or
(b) if the person does not make a submission during the period mentioned in subsection (2)(b) – the end of the period.