South Australian Current Acts

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TEACHERS REGISTRATION AND STANDARDS ACT 2004 - SECT 20

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.



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