Victorian Numbered Acts

EDUCATION AND TRAINING REFORM AMENDMENT (VICTORIAN INSTITUTE OF TEACHING) ACT 2016 (NO. 9 OF 2016) - SECT 6

    (1)     After section 2.6.30(1) of the Principal Act insert —

    "(1A)     Subject to subsection (1C), the Institute must in accordance with this Part inquire into whether a registered teacher, whose registration has been suspended under Division 8A—

        (a)             has engaged in misconduct or serious misconduct; or

        (b)     is unfit to be a registered teacher; or

        (c)     has such an impairment that the person's ability to practise as a registered teacher is seriously detrimentally affected or is likely to be seriously detrimentally affected.

    (1B)     The Institute must commence an inquiry into a matter referred to in subsection (1A) as soon as practicable after the Institute decides to suspend the registration under Division 8A.

    (1C)     Subsection (1A) does not apply if the Institute is already conducting an inquiry into the matter which is the basis for the Institute's decision to suspend the registration of the registered teacher.".

    (2)     For section 2.6.30(2) of the Principal Act substitute —

    "(2)     The Institute must in writing notify—

        (a)     the registered teacher; and

        (b)     the employer of the registered teacher; and

        (c)     the person who made the complaint, if applicable—

of its determination under subsection (1) to inquire or not to inquire, or of an inquiry under subsection (1A), into the registered teacher's—

        (d)     competence; or

        (e)     fitness to teach; or

        (f)     conduct; or

        (g)     ability to practise as a registered teacher.

    (2A)     Despite subsection (2), the Institute is not required to give notice if it reasonably believes that doing so may—

        (a)     seriously prejudice the inquiry; or

        (b)     place at risk a person's health or safety; or

        (c)     place a person at risk of harassment or intimidation.".