Queensland Numbered Acts

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EDUCATION (QUEENSLAND COLLEGE OF TEACHERS) ACT 2005 No. 47 - SECT 92

92 Grounds for disciplinary action

(1) Each of the following is a ground for disciplinary action against a relevant teacher--

(a) the relevant teacher has been convicted of a serious offence, except if--
(i) the offence is an excluding offence; and
(ii) the court that convicts the teacher imposes an imprisonment order or makes a disqualification order;14
(b) the teacher has been convicted of--
(i) an indictable offence, other than a serious offence; or
(ii) an offence against this Act;
(c) if the teacher is the holder of full registration--the teacher fails to comply with a condition of the registration, other than a returning to teaching condition;
(d) both of the following apply--
(i) the teacher is incompetent in performing the work of a teacher;
(ii) the teacher is dismissed, or resigns, from employment in Queensland as a teacher in circumstances that, in the opinion of the teacher's employer, call into question the teacher's competency in performing the work of a teacher;
(e) if the teacher was registered as a teacher in another State--the teacher's registration in the State was cancelled or suspended;
(f) if the teacher was employed as a teacher in another State that does not register teachers--the teacher's employment as a teacher in the State was terminated because the teacher's employer was reasonably satisfied the teacher was not competent or suitable to be employed as a teacher;
(g) the teacher did not possess or no longer possesses the qualifications and experience relied on by the teacher to obtain registration or permission to teach;
(h) the teacher is not suitable to teach;
(i) the teacher fails to comply with a lawful demand made under this Act by the college, an investigator or a disciplinary committee;
(j) the teacher contravenes an order made under this Act by the college or a disciplinary committee.

(2) The ground for disciplinary action mentioned in subsection (1)(h) is taken to apply to the following--

(a) a relevant teacher who is suspended under section 48, 15 if the charge for the excluding offence has been dealt with;
(b) a relevant teacher who is suspended under section 48 and is convicted of an offence other than an indictable offence;
(c) a relevant teacher who is suspended under section 49.16

(3) The object of subsection (2)(a) is to ensure the circumstances of the charge are examined by a disciplinary committee.

(4) Subsection (2) does not limit the application of subsection (1)(h).

(5) In this section--

dealt with, in relation to a charge of an excluding offence, means any of the following--

(a) the relevant teacher is acquitted of the charge;
(b) the charge has been withdrawn or dismissed;
(c) a nolle prosequi or no true bill is presented in relation to the charge.


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