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CRIMINAL HISTORY SCREENING LEGISLATION AMENDMENT ACT 2010 No. 5 - SECT 200

200 Insertion of new ch 12, pt 11

Chapter 12--

insert--

'(1) This section applies if--

(a) before the commencement--
(i) the college decided to suspend an approved teacher's registration or permission to teach under section 49; or
(ii) the disciplinary committee made a decision about disciplinary proceedings against a relevant teacher; and
(b) at the commencement, the college has neither given nor decided not to give the children's commissioner notice of the decision as provided under section 285 of this Act as in force before the commencement.

'(2) Section 285 as in force after the commencement applies in relation to the decision.

'(3) In this section--

commencement means the day this section commences.

'In this division --

commencement means the commencement of this division.

'(1) This section applies if--

(a) a person has applied to the college for--
(i) full or provisional registration or permission to teach; or
(ii) the renewal of full registration or permission to teach; or
(iii) the restoration of the person's full registration that has ended; and
(b) the application has not been decided or withdrawn at the commencement; and
(c) the person is a new excluded person.

'(2) The application is taken to be withdrawn.

'(3) The college must give notice of the withdrawal to the person.

'(4) In this section--

new excluded person means a person who is an excluded person immediately after the commencement but was not an excluded person under this Act as in force immediately before the commencement.

'(1) This section applies if--

(a) a person has applied to the college for--
(i) full or provisional registration or permission to teach; or
(ii) the renewal of full registration or permission to teach; or
(iii) the restoration of the person's full registration that has ended; and
(b) the application has not been decided or withdrawn at the commencement; and
(c) section 334 does not apply to the application.

'(2) This Act applies to the application and, if the application complies with the requirements of the unamended Act, the application is not invalid only because it does not comply with this Act as in force immediately after the commencement.

'(3) In this section--

unamended Act means this Act as in force immediately before the commencement.

'(1) This section applies in relation to a person if--

(a) the person has applied to the college for--
(i) full or provisional registration or permission to teach; or
(ii) the renewal of full registration or permission to teach; or
(iii) the restoration of the person's full registration that has ended; and
(b) the application has not been decided or withdrawn at the commencement; and
(c) in relation to the application, the college requested information from the commissioner of police about the applicant under section 15 before the commencement.

'(2) This section also applies in relation to a person if--

(a) the person is an approved teacher; and
(b) the college requested information about the approved teacher under section 65 before the commencement.

'(3) If, at the commencement, the commissioner of police has complied with the request, the college may ask the commissioner of police for a written report containing details of any non-criminal history police information about the person.

'(4) Section 15(3) to (7) applies in relation to the college's request under subsection (3) as if it were made under section 15 in relation to only non-criminal history police information.

'(5) If, at the commencement, the commissioner of police has not complied with the request, section 15(3) to (7) as in force from the commencement applies in relation to the request.

'(6) In this section--

non-criminal history police information, of a person, means police information about the person other than the person's criminal history.

'A court may make a disqualification order under section 58 in relation to a person convicted of an offence after the commencement arising out of an act done or omission made before the commencement.

'(1) To remove any doubt, it is declared that--

(a) section 68 only requires a person to disclose to the college a change in the person's non-criminal history police information if the change happened after the commencement; and
(b) section 75 only requires the commissioner of police to disclose to the college a change in a person's non-criminal history police information if the change happened after the commencement.

'(2) In this section--

non-criminal history police information, of a person, means police information about the person other than the person's criminal history.

'(1) This section applies to a reference to the Youth Justice Act 1992 in a provision of this Act if the provision commences before the JJA short title amendment commences.

'(2) Until the JJA short title amendment commences, the reference is taken to be a reference to the Juvenile Justice Act 1992.

'(3) In this section--

JJA short title amendment means the Juvenile Justice and Other Acts Amendment Act 2009, section 9.'.



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