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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Teachers Registration and Standards (Miscellaneous)
Amendment Bill 2018
A BILL FOR
An Act to amend the
Teachers
Registration and Standards Act 2004
.
Contents
Part 2—Amendment of Teachers
Registration and Standards Act 2004
4Amendment of section 15—Registrar of
Teachers Registration Board
15AAppointment of
acting Registrar
20Requirement to be
registered
34ASuspension of
teacher's registration where charged with certain offences
8Amendment of section
41—Application
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Teachers Registration and Standards
(Miscellaneous) Amendment Act 2018.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Teachers Registration and Standards
Act 2004
4—Amendment
of section 15—Registrar of Teachers Registration
Board
Section 15(4)—after paragraph (b) insert:
and
(c) carrying out such other functions as may be conferred on the Registrar
under this or any other Act.
After section 15 insert:
15A—Appointment of acting
Registrar
(1) The Teachers Registration Board may appoint a person to act as the
Registrar during any period for which—
(a) no person is for the time being appointed as the Registrar;
or
(b) the Registrar is absent from, or unable to discharge, official
duties.
(2) The acting Registrar must be a Public Service employee.
(3) The terms and conditions of appointment of the person appointed to act
as the Registrar will be determined by the Teachers Registration
Board.
Section 20—delete the section and substitute:
20—Requirement to be
registered
(1) A person must not,
for payment or other consideration, personally provide, or offer to provide,
pre-school education, or primary or secondary education, unless the person is a
registered teacher.
Maximum penalty: $5 000.
(2) A person must not perform the duties of a principal at a school, or of
a director of a prescribed service, unless the person is a registered
teacher.
Maximum penalty: $5 000.
(3) A person (the
employer) must not—
(a) employ a person
(the employee)—
(i) to personally provide, or offer to provide, pre-school education, or
primary or secondary education; or
(ii) as a principal of a school; or
(iii) as a director of a prescribed service; or
(b) require or allow a person employed by the employer (the
employee) to—
(i) personally provide, or offer to provide, pre-school education, or
primary or secondary education; or
(ii) perform the duties of a principal of a school; or
(iii) perform the duties of a director of a prescribed service,
unless the employee is a registered teacher.
Maximum penalty: $10 000.
(4) However,
subsections (1)
to
(3)
(inclusive) do not apply in relation to—
(a) a person acting in accordance with a special authority to teach
granted by the Teachers Registration Board under Part 6; or
(b) a person, or person of a class, prescribed by the
regulations.
(5) For the purposes of
subsection (3)(a)
, a reference to employing a person will, in the case where an employee's
registration as a teacher is suspended or cancelled, or the person is
disqualified from being registered as a teacher, after their initial employment,
be taken not to include a reference to the continued employment of the
person.
(6) A person must not claim to be a registered teacher unless the person
is, in fact, a registered teacher.
Maximum penalty: $5 000.
After section 34 insert:
34A—Suspension of teacher's registration where
charged with certain offences
(1) The Registrar may,
by notice in writing served personally on a teacher—
(a) suspend the registration of the teacher; or
(b) vary the conditions of the teacher's registration (including by
imposing conditions),
if the Registrar becomes aware that the teacher has been charged with a
prescribed offence.
(2) The Teachers
Registration Board must, not later than 60 days after a notice is served on a
teacher under
subsection (1)
, review the suspension or variation (as the case requires) and may, on
completion of the review—
(a) confirm the suspension or variation; or
(b) cancel the suspension or variation.
(3) If the Teachers
Registration Board refuses or fails to conduct a review within the period
required under
subsection (2)
, the suspension or variation (as the case requires) will, by force of this
subsection, be taken to be cancelled at the end of that period.
(4) Subject to this section, a suspension or variation under this section
has effect until—
(a) if an inquiry is commenced under section 35 in respect of the matter
to which the suspension or variation relates—
(i) if the Teachers Registration Board determines that there is proper
cause for disciplinary action against the teacher in relation to the
matter—the Teachers Registration Board takes action under section
35(2);
(ii) if the Teachers Registration Board determines that there is no proper
cause for disciplinary action against the teacher in relation to the
matter—that determination; or
(b) 120 days after the day on which the last charge to which the
suspension or variation relates has been withdrawn or finally determined by a
court; or
(c) it is cancelled under
subsection (2)
,
(3)
or
(6)
,
whichever occurs first.
(5) This section applies—
(a) in relation to conduct occurring before or after the commencement of
this section; or
(b) whether the teacher was charged with the relevant prescribed offence
before or after the commencement of this section.
(6) The Teachers
Registration Board may, on application, or by written notice at any time
(including on a review by the Board under
subsection (2)
), cancel a suspension, or vary or cancel a condition varied or imposed on
the registration of a teacher, under this section.
(7) For the purposes of this section, the Teachers Registration Board may
be constituted of not less than 3 members, 1 of whom must be a legal
practitioner.
(8) For the purposes of this section, the Registrar and the Teachers
Registration Board—
(a) are not (except in a review under
subsection (2)
) required to provide procedural fairness; and
(b) are not bound by the rules of evidence and may inform themselves on
any matter as they think fit; and
(c) may, subject to this Act, determine their own procedures.
8—Amendment
of section 41—Application
Section 41—after subsection (1) insert:
(1a) This Part does not apply to proceedings of the Teachers Registration
Board under section 34A.