Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) After completing the preliminary investigation, the investigator must recommend to the Board, in writing and with reasons:
(a) that the Board take no further action in relation to the teacher or authorised person; or
(b) that the Board take specified further action under this Act in relation to the teacher or authorised person without first holding an inquiry; or
(c) that an inquiry be held in relation to the matter.
(2) After receiving the recommendation, the Board must decide to:
(a) if one of the following circumstances exist – take no further action in relation to the teacher or authorised person:
(i) the person's registration has lapsed;
(ii) the person has, under section 26A(1)(b), requested that their name be removed from the register;
(iii) the person has, under section 46A, surrendered their authorisation;
(iv) the Board is satisfied the person continues to be eligible for registration or authorisation; or
(b) subject to subsections (3) and (4), take specified further action under this Act in relation to the teacher or authorised person without first holding an inquiry; or
(c) hold an inquiry in relation to the matter.
(3) The Board cannot decide to take either of the following actions without first holding an inquiry:
(a) cancel the registration of the teacher or the authorisation relating to the authorised person;
(b) disqualify the teacher from registration, or the authorised person from teaching under an authorisation, for a specified period.
(4) Also, the Board must not suspend the registration of the teacher, or authorisation relating to the authorised person, except to ensure the teacher or authorised person meets a requirement before the teacher or authorised person can teach again.
(5) The Board is not bound by the recommendation of the investigator, but must take it into account in making a decision under subsection (2).
(6) If an investigation panel conducted the preliminary investigation, a Board member who was a member of the investigation panel must not:
(a) be present during any deliberations of the Board in relation to the investigation; and
(b) take part in a decision under subsection (2).