South Australian Current Acts

TEACHERS REGISTRATION AND STANDARDS ACT 2004 - SECT 37

37—Employer to notify Teachers Registration Board of certain matters relating to practising teachers

        (1)         An employer of a practising teacher must notify the Teachers Registration Board if—

            (a)         the employer dismisses the teacher for 1 or more of the following reasons:

                  (i)         the teacher is a prohibited person;

                  (ii)         a working with children check has not been conducted in relation to the teacher within the preceding 5 years;

                  (iii)         in response to an allegation of unprofessional conduct made against the teacher;

                  (iv)         incompetence (however described);

                  (v)         any other reason prescribed by the regulations; or

            (b)         the employer accepts the resignation of the teacher arising out of 1 or more of the reasons referred to in paragraph (a).

        (2)         An employer of a practising teacher must notify the Teachers Registration Board if the employer becomes aware of any of the following in relation to the teacher:

            (a)         that the teacher's capacity to teach is, or may be, seriously impaired by an illness or disability affecting the person's behaviour or competence as a teacher;

            (b)         that an allegation of unprofessional conduct is made against the teacher;

            (c)         the teacher is not, in the opinion of the employer, a fit and proper person to be a registered teacher;

            (d)         any other matter of a kind prescribed by the regulations.

        (3)         A person who was, but is no longer, the employer of a practising teacher must notify the Teachers Registration Board if the person becomes aware of any of the following in relation to the teacher within the 12 months immediately after the person ceases to be the employer of the teacher:

            (a)         that an allegation of unprofessional conduct is made against the teacher;

            (b)         any other matter of a kind prescribed by the regulations.

        (4)         A notification under this section—

            (a)         must be made in a manner and form determined by the Teachers Registration Board; and

            (b)         must be made as soon as is reasonably practicable (and in any case within 7 days) after the employer becomes aware of the relevant matter; and

            (c)         must include such information as may be reasonably required by the Teachers Registration Board in respect of notifications of the relevant kind; and

            (d)         must comply with any other requirements in the regulations.

        (5)         A person who, without reasonable excuse, refuses or fails to comply with a requirement under this section is guilty of an offence.

Maximum penalty: $10 000.

        (6)         No liability attaches to an employer or other person in respect of a notification made, or purportedly made, under this section.

        (7)         For the purposes of this section, a reference to a registered teacher or teacher will be taken to include a reference to a person granted a special authority to teach under Part 6 (whether or not the special authority has expired).