South Australian Current Acts

TEACHERS REGISTRATION AND STANDARDS ACT 2004 - SECT 38

38—Action by Teachers Registration Board to deal with impairment of teacher's capacity

        (1)         The Teachers Registration Board may, on complaint by the Registrar or of its own motion, hold an inquiry to determine whether a teacher's capacity to teach is seriously impaired by an illness or disability affecting the person's behaviour or competence as a teacher.

        (2)         The Teachers Registration Board may, during the course of an inquiry under this section, require the teacher—

            (a)         to undergo a medical examination by a medical practitioner selected by the teacher from a panel of medical practitioners nominated by the Board; and

            (b)         to provide, or authorise the medical practitioner to provide, a report on the results of the medical examination to the Board.

        (3)         If the teacher refuses or fails, without reasonable excuse, to comply with a requirement under subsection (2), the Teachers Registration Board may suspend the teacher's registration until the teacher complies with the requirement.

        (4)         The Teachers Registration Board must furnish the teacher with a copy of any report on the results of a medical examination required under this section.

        (5)         If, after conducting an inquiry under this section, the Teachers Registration Board is satisfied on the balance of probabilities that the teacher's capacity to teach is seriously impaired by an illness or disability affecting the person's behaviour or competence as a teacher, the Board may do one or more of the following:

            (a)         impose conditions of the teacher's registration;

            (b)         suspend the teacher's registration for a specified period or until the fulfilment of specified conditions or until further order;

            (c)         cancel the teacher's registration with immediate effect or effect at a future specified date.