Northern Territory Consolidated Acts

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TEACHER REGISTRATION (NORTHERN TERRITORY) ACT 2004 - SECT 67

Board notification to authorised person, employer and registration authorities

    (1)     The Board must notify the employer of a teacher, and may notify a former employer of a teacher, if the Board:

        (a)     imposes a condition on, or varies a condition imposed on, the registration of the teacher under this Part; or

        (b)     suspends or cancels the registration of the teacher; or

        (c)     disqualifies the teacher from registration.

    (2)     The Board must notify an authorised person if the Board:

        (a)     imposes a condition on, or varies a condition imposed on, the authorisation relating to the authorised person; or

        (b)     suspends or cancels the authorisation relating to the authorised person; or

        (c)     disqualifies the authorised person from teaching under an authorisation for a specified period.

    (3)     The Board must also notify the employer of the authorised person, and may notify a former employer of the authorised person, if the Board takes an action mentioned in subsection (2).

    (4)     The Board must notify each registration authority in Australia and New Zealand if the Board:

        (a)     suspends or cancels the registration of a teacher, or an authorisation relating to an authorised person; or

        (b)     disqualifies a teacher from registration, or authorised person from teaching under an authorisation, for a specified period.

    (5)     The Board may also notify:

        (a)     a registration authority outside Australia and New Zealand as to whether or not the Board has taken any of the following actions in relation to a particular person:

            (i)     suspended or cancelled the person's registration, or an authorisation relating to the person;

            (ii)     disqualified the person from registration, or from teaching under an authorisation, for a specified period; and

        (b)     a registration authority as to whether or not the Board has imposed a condition on the registration of, or the authorisation relating to, a particular person.

    (6)     A notice about an action of the Board under this section must include details of the action as the Board considers appropriate and be given as soon as practicable.

    (7)     The Board must give notice to each person notified of an action of the Board under this section if the Board cancels or changes the action.

67A     Employer notification to Board

    (1)     A person ( the employer ) who is or has been an employer of a relevant person must give the Board written notice if any of the following events occur:

        (a)     the employer dismisses the relevant person;

        (b)     the relevant person resigns, or otherwise ceases working for the employer, in circumstances that call into question the relevant person's competence or fitness to teach;

        (c)     the employer starts assessing, or requests another person to start assessing, the relevant person in relation to serious misconduct or fitness to teach, of the relevant person;

        (d)     an assessment under paragraph (c) ends;

        (e)     an assessment of the relevant person's competence to teach ends with that competence called into question.

    (2)     The notice must:

        (a)     be given within 28 days after the occurrence of the event; and

        (b)     specify full details of the event and the circumstances involved.

Maximum penalty:     50 penalty units.

    (3)     An offence against subsection (2) is an offence of strict liability.

    (4)     It is a defence to a prosecution for an offence against subsection (2) if the defendant has a reasonable excuse.

    (5)     In this section:

"assessing", a relevant person, means assessing, examining, investigating, inquiring into or otherwise dealing with the conduct of the relevant person.

67B     Relevant person to notify Board of legal action

    (1)     A relevant person must give the Board written notice if any of the following events occur:

        (a)     the person is charged with a sexual offence or another notifiable offence;

        (b)     the person is found guilty of a sexual offence or another notifiable offence;

        (c)     the person, or a person who is or was an employer of the person, is ordered to pay damages or compensation as a result of civil proceedings arising out of the person's teaching practice, or arising from events that occurred while the person was engaged in teaching.

    (2)     The notice must:

        (a)     be given within 14 days after the occurrence of the event; and

        (b)     if subsection (1)(a) applies – include a statement that the person has been charged and the offence with which the person has been charged; and

        (c)     if subsection (1)(b) or (c) applies – specify full details of the event and the circumstances involved.

Maximum penalty:     50 penalty units.

    (3)     An offence against subsection (2) is an offence of strict liability.

    (4)     It is a defence to a prosecution for an offence against subsection (2) if the defendant has a reasonable excuse.

    (5)     In this section:

"full details" includes the following:

        (a)     the offence of which the person was found guilty;

        (b)     agreed facts taken into account in sentencing for an offence;

        (c)     facts found (or agreed) that led to the order for damages or compensation.

67C     Relevant person to notify Board of decision of registration authority

    (1)     A relevant person must give the Board written notice if a registration authority decides to:

        (a)     impose a condition on a teaching approval granted to, or in relation to, the person; or

        (b)     suspend or cancel a teaching approval granted to, or in relation to, the person; or

        (c)     disqualify the person from holding, or teaching under, a teaching approval; or

        (d)     refuse to grant a teaching approval to, or in relation to, the person.

    (2)     The notice must be given within 14 days after the person is notified of the registration authority's decision.

Maximum penalty:     50 penalty units.

    (3)     An offence against subsection (2) is an offence of strict liability.

    (4)     It is a defence to a prosecution for an offence against subsection (2) if the defendant has a reasonable excuse.

    (5)     In this section:

"teaching approval" means registration as a teacher, or an authorisation to employ a person as a teacher, however described.

67D     Relevant person to notify Board of other events

    (1)     A relevant person must give the Board written notice if any of the following events occur:

        (a)     the person's teaching qualifications are withdrawn;

        (b)     the person ceases to hold a clearance notice that is in force;

        (c)     a prescribed event.

    (2)     The notice must:

        (a)     be given within 14 days after the occurrence of the event; and

        (b)     specify full details of the event and the circumstances involved.

Maximum penalty:     50 penalty units.

    (3)     An offence against subsection (2) is an offence of strict liability.

    (4)     It is a defence to a prosecution for an offence against subsection (2) if the defendant has a reasonable excuse.



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