An Act to amend the Institute of Teachers Act 2004 to make further provision with respect to the accreditation of teachers; and for other purposes.
1 Name of Act
This Act is the Institute of Teachers Amendment Act 2008.
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Amendment of Institute of Teachers Act 2004 No 65
The Institute of Teachers Act 2004 is amended as set out in Schedule 1.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.(2) The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
Schedule 1 Amendments
(Section 3)
[1] Section 3 Definitions
Insert in alphabetical order in section 3 (1):accreditation means accreditation under Part 4, and includes provisional accreditation or conditional accreditation under that Part.curriculum means the curriculum for primary or secondary schools determined by the Board of Studies in accordance with the Education Act 1990.serious misconduct means conduct of a type prescribed by the regulations as serious misconduct for the purposes of this definition.
[2] Section 3 (1)
Omit the definitions of teach and teacher. Insert instead:teach—see section 3A.teacher—see section 3A.
[3] Section 3A
Insert after section 3:3A Meaning of “teach” and “teacher”(1) In this Act, teach means to undertake duties in a school that include (but are not limited to):(a) the direct delivery of courses of study that are designed to implement the curriculum and the responsibility for assessing student participation, performance and progress in those courses, or(b) the direct delivery of any other course or program for primary, secondary or preschool children (being a course or program prescribed by the regulations, or of a class prescribed by the regulations, for the purposes of this definition) and the responsibility for assessing the participation, performance and progress of children in that course or program.(2) A reference in this section to undertaking duties in a school is a reference to undertaking duties on the premises of a school in the course of providing services conducted by the school.(3) In this Act, teacher means a person who is, or is to be, employed to undertake any duties referred to in subsection (1) (whether or not the person undertakes any other duties).
[4] Section 13 Membership of Council
Omit “third” from section 13 (3). Insert instead “sixth”.
[5] Section 13 (4A)
Insert after section 13 (4):(4A) If a term of office of an elected member of the Council is extended in accordance with the regulations so that the term exceeds 3 years, the part of the term that exceeds 3 years is to be disregarded for the purposes of subsection (4).
[6] Section 18 Accreditation list
Insert at the end of section 18 (2) (b):, or(c) to suspend the accreditation of any person.
[7] Section 20 Matters to be dealt with by professional teaching standards
Insert “or suspension” after “revocation” in section 20 (c).
[8] Section 24
Omit the section. Insert instead:24 General grounds for revocation of accreditation(1) Without limiting any other provision of this Part, a teacher accreditation authority may revoke the accreditation of a person in accordance with this section.(2) The accreditation of a person who is or was employed as a teacher may be revoked on any of the following grounds:(a) the authority is satisfied that the person is a prohibited person within the meaning of Division 1 of Part 7 of the Commission for Children and Young People Act 1998,(b) the person is found guilty of a serious offence, being an offence prescribed by the regulations, or that is of a class of offences prescribed by the regulations, for the purposes of this paragraph,(c) the person is found guilty more than once in the 5-year period immediately before the revocation of a non-serious offence, being an offence prescribed by the regulations, or that is of a class of offences prescribed by the regulations, for the purposes of this paragraph that involves an act or conduct that would reflect adversely on a teacher’s professional standing or integrity or suitability or competence to teach,(d) the authority is satisfied that the person, because of serious misconduct, has been dismissed from employment as a teacher (whether permanent, temporary or casual) or has been included in the list of persons maintained by the Director-General under section 7 (1) (e) of the Teaching Service Act 1980 as a person who is not to be employed in the Teaching Service,(e) the authority is satisfied that the person has failed to comply with any condition to which the person’s accreditation is subject.Note—Sections 33, 38, 39 (5) and 40 (4) provide other grounds for the revocation of a person’s accreditation.
[9] Sections 24A–24C
Insert after section 24:24A Suspension of accreditation(1) A teacher accreditation authority may suspend the accreditation of a person:(a) on any ground on which the authority may revoke the person’s accreditation, or(b) if disciplinary proceedings against the person are pending in relation to alleged serious misconduct, or(c) if proceedings against the person for an offence are pending and, were the person to be found guilty of the offence, the authority would have grounds to revoke the accreditation.Note—Section 24 (2) (e) provides that one of the grounds for revocation of accreditation is a failure to comply with a condition of the accreditation. Section 25 (3) provides that payment of the annual fee is a condition of accreditation.(2) A teacher accreditation authority must review the authority’s suspension of a person’s accreditation at least every 3 months and must remove the suspension in the following circumstances:(a) if the suspension was imposed because of pending disciplinary proceedings and those proceedings have been finalised with no finding that the person has engaged in serious misconduct,(b) if the suspension was imposed because of pending proceedings for an offence and the person has been found not guilty of the offence or the proceedings have been withdrawn or dismissed,(c) if the suspension was imposed on a ground referred to in subsection (1) (b) or (c) and a finding that the person has engaged in serious misconduct has been made against the person in the relevant disciplinary proceedings, or a finding of guilt has been made against the person in the relevant proceedings for an offence, but the authority has not taken action to revoke the person’s accreditation within a reasonable period having regard to the circumstances of the case.(3) Subsection (2) does not apply to the suspension of a person’s accreditation for failure to pay the annual fee required under section 25.(4) A person’s accreditation is not in force during any period for which it is suspended.24B Criteria for determining revocation or suspension of accreditation on general groundsA teacher accreditation authority is to take account of the following matters (where appropriate) when determining whether to revoke a person’s accreditation under section 24 or suspend a person’s accreditation under section 24A:(a) the nature and seriousness of the conduct concerned,(b) the frequency of the conduct concerned,(c) the recency of the conduct concerned,(d) any other matter that is required to be taken into account by the procedures and guidelines in the professional teaching standards (as referred to in section 20 (c)).24C Notice to be given of intention to suspend or revoke accreditation(1) A teacher accreditation authority may suspend or revoke a person’s accreditation only after having served on the person written notice of its intention to suspend or revoke the accreditation setting out its reasons.(2) The notice must include a statement that the person concerned may make submissions to the teacher accreditation authority in relation to the proposed suspension or revocation within 14 days after the date of the notice.
[10] Section 27 Review by Administrative Decisions Tribunal of accreditation decisions
Insert “or suspension” after “revocation” in section 27 (1) (b).
[11] Section 28 Definitions
Insert at the end of paragraph (c) of the definition of new scheme teacher before the note to the definition:, or(d) a person:(i) who was, immediately before the relevant date, the holder of a tertiary or teaching qualification prescribed by the regulations, and(ii) who, at any time after the relevant date, commences to teach following an absence from actual classroom teaching of 5 or more years, regardless of whether the person remained employed as a teacher during that absence.
[12] Section 28, definition of “relevant date”
Insert “or, if the regulations prescribe a different date in respect of a class of new scheme teachers (either in relation to all of the provisions of this Division or in respect of specified provisions of this Division), the prescribed date” after “commences”.
[13] Section 28 (2) and (3)
Insert at the end of section 28:(2) If a teacher accreditation authority certifies in writing that it is of the opinion that a specified person has undertaken duties in an area of relevance to the professional teaching standards during a specified period, that period is taken to be a period of actual classroom teaching for the purposes of paragraph (d) (ii) of the definition of new scheme teacher.(3) The regulations may prescribe duties that are to be taken to be, or are to be taken not to be, in an area of relevance to the professional teaching standards for the purposes of the issuing of a certificate under subsection (2).
[14] Section 29 Employment of new scheme teachers
Insert after section 29 (2):(3) The employment of a person as a new scheme teacher may be terminated if the person’s accreditation is revoked.(4) A person who is a new scheme teacher may be suspended from employment as a teacher during any period in which the person’s accreditation is suspended.(5) For the purposes of subsection (2), a person who is suspended from employment as a teacher under this section for any period is taken not to be employed as a teacher during that period.(6) Nothing in this section requires an employer who terminates or suspends the employment of a person as a new scheme teacher in accordance with this Act to provide alternative employment to the person.
[15] Section 34 Definitions
Insert “or, if the regulations prescribe a different date in respect of a class of transition scheme teachers (either in relation to all of the provisions of this Division or in respect of specified provisions of this Division), the prescribed date” after “commences” in the definition of relevant date.
[16] Section 35 Employment of transition scheme teachers
Insert after section 35 (2):(3) The employment of a person as a transition scheme teacher may be terminated if the person’s accreditation is revoked.(4) A person who is a transition scheme teacher may be suspended from employment as a teacher during any period in which the person’s accreditation is suspended.(5) For the purposes of subsection (2), a person who is suspended from employment as a teacher under this section for any period is taken not to be employed as a teacher during that period.(6) Nothing in this section requires an employer who terminates or suspends the employment of a person as a transition scheme teacher in accordance with this Act to provide alternative employment to the person.
[17] Section 42A
Insert after section 42:42A Payment of suspended teachers(1) A person may be suspended without pay in relation to his or her employment as a teacher for any period or part of a period during which that employment is required to be suspended under section 29 or 35 as a result of the suspension of the person’s accreditation for a failure to comply with any condition to which the person’s accreditation is subject.(2) Any amount payable to a person in relation to his or her employment as a teacher in a government school:(a) may only be withheld under this section if the Director-General so directs, and(b) if so withheld, is forfeited to the State unless the Director-General otherwise directs.
[18] Section 43 Institute of Teachers Fund
Insert “and charges” after “fees” in section 43 (1) (a).
[19] Section 47 Relationship of Act with other instruments
Omit section 47 (2). Insert instead:(2) No contract, agreement or industrial instrument operates to annul, vary or exclude any of the provisions of this Act or the regulations.
[20] Section 50 Recovery of money
Omit “fee due to the Institute”.Insert instead “fee or charge due and payable under this Act”.
[21] Section 51A
Insert after section 51:51A Service of documents generally(1) A document that is authorised or required by this Act or the regulations to be served on any person (other than the Institute) may be served by:(a) in the case of a natural person:(i) delivering it to the person personally, or(ii) sending it by post to the address specified by the person for the giving or service of documents or, if no such address is specified, the residential or business address of the person last known to the person giving or serving the document, or(iii) sending it by facsimile transmission to the facsimile number of the person, or(b) in the case of a body corporate:(i) leaving it with a person apparently of or above the age of 16 years at, or by sending it by post to, the head office, a registered office or a principal office of the body corporate or to an address specified by the body corporate for the giving or service of documents, or(ii) sending it by facsimile transmission to the facsimile number of the body corporate.(2) Nothing in this section affects the operation of any provision of a law or of the rules of a court authorising a document to be served on a person in any other manner.
[22] Section 52 Regulations
Insert after section 52 (1):(1A) In particular, the regulations may make provision for or with respect to the following:(a) fees and charges for services provided under this Act, including prescribing the basis on which any such fee or charge is to be determined and the waiver of any such fee or charge,(b) without limiting paragraph (a), fees and charges in relation to the assessment by the Institute, on application, of a course, program, person or body for the purpose of providing advice to the Minister under section 7 (3).
[23] Section 55 Review of Act
Omit “The” from section 55 (2). Insert instead “A”.
[24] Section 55 (4) and (5)
Insert after section 55 (3):(4) A further review is to be undertaken as soon as possible after the period of 5 years from the date of assent to the Institute of Teachers Amendment Act 2008.(5) A report on the outcome of the further review is to be tabled within 12 months after the end of that period of 5 years.
[25] Schedule 3 Savings and transitional provisions
Insert at the end of clause 1 (1):
[26] Schedule 3, Part 3
Insert after Part 2:Part 3 Provisions consequent on enactment of Institute of Teachers Amendment Act 20083 DefinitionIn this Part, amending Act means the Institute of Teachers Amendment Act 2008.4 Application of amendments to existing teachersParagraph (d) of the definition of new scheme teacher (as inserted by the amending Act) in section 28 does not apply to a person’s absence from actual classroom teaching during any period occurring before the relevant date (within the meaning of section 28 as amended by that Act) if the person was still employed as a teacher during that period.5 Suspension and revocation of accreditationA provision of section 24 or 24A (as inserted by the amending Act) extends to offences committed before the commencement of the provision and conduct occurring before that commencement.6 Contracts, agreements and industrial instrumentsSection 47 (2) (as substituted by the amending Act) applies to a contract, agreement or industrial instrument whether made or entered into before, on or after the substitution of that subsection.