Teacher Accreditation Regulation 2015



Part 1 Preliminary
1   Name of Regulation
This Regulation is the Teacher Accreditation Regulation 2015.
2   Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
Note—
This Regulation replaces the Teacher Accreditation Regulation 2010 which would otherwise be repealed on 1 September 2015 by section 10 (2) of the Subordinate Legislation Act 1989.
3   Definitions
(1)  In this Regulation—
casual teacher means a person employed as a teacher on a casual basis.
Chief Executive Officer means the Chief Executive Officer of the Authority.
part-time teacher means a person employed as a teacher on a part-time basis.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
(2)  Notes included in this Regulation do not form part of this Regulation.
cl 3: Am 2016 (752), Sch 1 [2]; 2022 (610), sec 3(1).
Part 2 Accreditation of teachers
4   Additional particulars on accreditation list
For the purposes of section 18 (1) (d) of the Act, the following are prescribed as the additional particulars that are required to be included on the accreditation list in relation to each person who is accredited—
(a)  contact details, including postal address, telephone numbers and email address (if any),
(b)  tertiary education qualifications,
(c)  details of current employer,
(d)  employment history,
(e)  first language (if not English),
(f)  country of citizenship and country of residency,
(g)  Aboriginal or Torres Strait Islander status (but only if the relevant person has consented to the inclusion of that information on the list),
(h)  history of professional development undertaken to maintain accreditation,
(i)  in the case of a person who is conditionally accredited under section 31 (3) (a) of the Act—details of the proposal by the person to complete a teaching qualification.
5   Conditions of accreditation
For the purposes of section 23A (1) of the Act, the accreditation of a person under Part 4 of the Act is subject to the following conditions—
(a)  the person must, within 21 days of any change in any of the following particulars in relation to the person, supply the Authority with details of that change—
(i)  contact details, including name, postal address, telephone numbers and email address (if any),
(ii)  tertiary education qualifications,
(iii)  details of current employer,
(b)  the person must, within 21 days of being appointed to a school on a permanent basis or being engaged on a temporary basis for a fixed period of 6 months or more, notify the Authority of that appointment or engagement,
(c)  the person must supply the Authority, on an annual basis, with details of—
(i)  the professional development undertaken by the person to maintain accreditation during the previous year, and
(ii)  in the case of a person who is conditionally accredited under section 31 (3) (a) of the Act—any change, during the previous year, in relation to the proposal by the person to complete a teaching qualification.
6   Determination of equivalent time for casual or part-time teachers
(1)  For the purposes of paragraph (b) (i) of the definition of relevant period in section 30 (6) of the Act, the period that is commensurate with the 3-year period for persons employed on a full-time basis is—
(a)  the period of 5 years following the date on which the person was provisionally accredited under section 30 of the Act, or
(b)  such other period as determined by the Authority on the application of the person concerned.
(2)  For the purposes of paragraph (b) (i) of the definition of relevant period in section 31 (5) of the Act, the period that is commensurate with the 4-year period for persons employed on a full-time basis is—
(a)  the period of 6 years following the date on which the person was conditionally accredited under section 31 of the Act, or
(b)  such other period as determined by the Authority on the application of the person concerned.
7   Exemption from requirement to employ accredited teachers only
(1)  A person (the employer) who employs an unaccredited person to teach in a non-government school is exempt from the operation of section 28 (2) of the Act in respect of that unaccredited person if—
(a)  the employer is a NVR registered training organisation, and
(b)  the unaccredited person is employed by the employer only to teach the necessary courses required to complete a Certificate III qualification for the purposes of the Higher School Certificate, and
(c)  the Authority is satisfied that the employer has not been able to find an appropriate person who is accredited to teach such courses.
(2)  In this clause—
NVR registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011 of the Commonwealth.
unaccredited person means a person who is not accredited.
8   (Repealed)
cl 8: Rep 2016 (752), Sch 1 [3].
Parts 3, 4
9–65  (Repealed)
pt 3, hdg: Am 2016 (752), Sch 1 [4]. Rep 2022 (610), sec 3(2).
pt 3: Rep 2022 (610), sec 3(2).
pt 3, div 1: Rep 2022 (610), sec 3(2).
cl 9: Am 2016 (752), Sch 1 [5]; 2020 (577), Sch 1[1] [2]. Rep 2022 (610), sec 3(2).
pt 3, div 2: Rep 2022 (610), sec 3(2).
cl 10: Rep 2022 (610), sec 3(2).
cl 11: Subst 2016 (752), Sch 1 [6]. Rep 2022 (610), sec 3(2).
pt 3,div 3: Rep 2022 (610), sec 3(2).
cl 12: Subst 2020 (577), Sch 1[3]. Rep 2022 (610), sec 3(2).
cl 13: Am 2020 (577), Sch 1[4]. Rep 2022 (610), sec 3(2).
cl 14: Rep 2022 (610), sec 3(2).
cl 15: Rep 2022 (610), sec 3(2).
pt 3, div 4, hdg: Subst 2020 (577), Sch 1[5]. Rep 2022 (610), sec 3(2).
pt 3, div 4: Rep 2022 (610), sec 3(2).
cl 16: Rep 2022 (610), sec 3(2).
cl 17: Am 2016 (752), Sch 1 [7]; 2017 No 22, Sch 2.41 [1]; 2020 (577), Sch 1[6]–[9]. Rep 2022 (610), sec 3(2).
cl 18: Rep 2022 (610), sec 3(2).
cl 19: Rep 2022 (610), sec 3(2).
cl 19A: Ins 2020 (577), Sch 1[10]. Rep 2022 (610), sec 3(2).
pt 3, div 5: Rep 2022 (610), sec 3(2).
cl 20: Am 2016 (752), Sch 1 [8]. Rep 2022 (610), sec 3(2).
cl 21: Rep 2022 (610), sec 3(2).
cl 22: Am 2016 (752), Sch 1 [9]; 2020 (577), Sch 1[11]. Rep 2022 (610), sec 3(2).
cl 23: Am 2020 (577), Sch 1[12]. Rep 2022 (610), sec 3(2).
cl 24: Am 2020 (577), Sch 1[13]. Rep 2022 (610), sec 3(2).
pt 3, div 6: Subst 2016 (752), Sch 1 [10]. Rep 2022 (610), sec 3(2).
cl 25: Subst 2016 (752), Sch 1 [10]. Rep 2022 (610), sec 3(2).
cl 26: Rep 2022 (610), sec 3(2).
cl 27: Rep 2022 (610), sec 3(2).
pt 3, div 7: Subst 2016 (752), Sch 1 [10]. Rep 2022 (610), sec 3(2).
cl 28: Subst 2016 (752), Sch 1 [10]. Rep 2022 (610), sec 3(2).
cl 29: Rep 2022 (610), sec 3(2).
cl 30: Rep 2022 (610), sec 3(2).
pt 3, div 7A: Ins 2016 (752), Sch 1 [10]. Rep 2022 (610), sec 3(2).
cl 31: Subst 2016 (752), Sch 1 [10]. Am 2020 (577), Sch 1[9] [14]–[16]. Rep 2022 (610), sec 3(2).
pt 3, div 8: Rep 2022 (610), sec 3(2).
cl 32: Am 2020 (577), Sch 1[17]. Rep 2022 (610), sec 3(2).
cl 33: Am 2016 (752), Sch 1 [9]; 2020 (577), Sch 1[17]–[21]. Rep 2022 (610), sec 3(2).
cl 34: Rep 2022 (610), sec 3(2).
cl 35: Am 2016 (752), Sch 1 [11]. Rep 2022 (610), sec 3(2).
pt 3, div 9: Rep 2022 (610), sec 3(2).
cl 36: Rep 2022 (610), sec 3(2).
cl 37: Rep 2022 (610), sec 3(2).
cl 37A: Ins 2020 (577), Sch 1[22]. Rep 2022 (610), sec 3(2).
pt 3, div 9A: Ins 2020 (577), Sch 1[23]. Rep 2022 (610), sec 3(2).
cl 37B: Rep 2022 (610), sec 3(2).
pt 3, div 10: Rep 2022 (610), sec 3(2).
cl 38: Rep 2022 (610), sec 3(2).
cl 39: Am 2016 (752), Sch 1 [12]; 2017 No 22, Sch 2.41 [2]; 2020 (577), Sch 1[24] [25]. Rep 2022 (610), sec 3(2).
cl 40: Am 2020 (577), Sch 1[26]. Rep 2022 (610), sec 3(2).
pt 3, div 11, hdg: Subst 2020 (577), Sch 1[27]. Rep 2022 (610), sec 3(2).
pt 3, div 11: Rep 2022 (610), sec 3(2).
cl 41A: Ins 2020 (577), Sch 1[28]. Rep 2022 (610), sec 3(2).
cl 41: Rep 2022 (610), sec 3(2).
cl 42: Rep 2022 (610), sec 3(2).
cl 43: Rep 2022 (610), sec 3(2).
cl 44: Rep 2022 (610), sec 3(2).
pt 3, div 12, hdg: Subst 2020 (577), Sch 1[29]. Rep 2022 (610), sec 3(2).
pt 3, div 12: Rep 2022 (610), sec 3(2).
cll 45: Rep 2020 (577), Sch 1[30].
cll 46: Rep 2020 (577), Sch 1[30].
cl 47A: Ins 2020 (577), Sch 1[31]. Rep 2022 (610), sec 3(2).
cl 47: Rep 2022 (610), sec 3(2).
cl 48: Rep 2022 (610), sec 3(2).
pt 3, div 12A: Ins 2020 (577), Sch 1[32]. Rep 2022 (610), sec 3(2).
cl 48A: Ins 2020 (577), Sch 1[32]. Rep 2022 (610), sec 3(2).
cl 48B: Ins 2020 (577), Sch 1[32]. Rep 2022 (610), sec 3(2).
cl 48C: Ins 2020 (577), Sch 1[32]. Rep 2022 (610), sec 3(2).
cl 48D: Ins 2020 (577), Sch 1[32]. Rep 2022 (610), sec 3(2).
cl 48E: Ins 2020 (577), Sch 1[32]. Rep 2022 (610), sec 3(2).
pt 3, div 13: Rep 2022 (610), sec 3(2).
cl 49: Rep 2022 (610), sec 3(2).
cl 50: Am 2020 (577), Sch 1[33]–[35]. Rep 2022 (610), sec 3(2).
cl 51: Am 2020 (577), Sch 1[36] [37]. Rep 2022 (610), sec 3(2).
cl 52: Am 2020 (577), Sch 1[38]–[40]. Rep 2022 (610), sec 3(2).
cl 53: Am 2020 (577), Sch 1[41] [42]. Rep 2022 (610), sec 3(2).
cl 53A: Ins 2020 (577), Sch 1[43]. Rep 2022 (610), sec 3(2).
pt 3, div 14: Rep 2022 (610), sec 3(2).
cl 54: Rep 2022 (610), sec 3(2).
cl 55: Am 2016 (752), Sch 1 [13] [14]. Rep 2022 (610), sec 3(2).
cl 56: Am 2016 (752), Sch 1 [9]; 2020 (577), Sch 1[44]. Rep 2022 (610), sec 3(2).
pt 3, div 15: Rep 2022 (610), sec 3(2).
cl 57: Am 2016 (752), Sch 1 [9]; 2020 (577), Sch 1[45]. Rep 2022 (610), sec 3(2).
cl 58: Rep 2022 (610), sec 3(2).
cl 59: Rep 2022 (610), sec 3(2).
cl 60: Am 2020 (577), Sch 1[46]. Rep 2022 (610), sec 3(2).
cl 61: Am 2020 (577), Sch 1[47]. Rep 2022 (610), sec 3(2).
pt 4, hdg: Am 2016 (752), Sch 1 [4]. Rep 2022 (610), sec 3(2).
pt 4: Rep 2022 (610), sec 3(2).
cl 62: Am 2016 (752), Sch 1 [15] [16]. Rep 2022 (610), sec 3(2).
cl 63: Am 2016 (752), Sch 1 [17]–[19]. Rep 2022 (610), sec 3(2).
cl 64: Am 2016 (752), Sch 1 [20]. Rep 2022 (610), sec 3(2).
cl 65: Rep 2022 (610), sec 3(2).
Part 5 Miscellaneous
66–68   (Repealed)
cl 66: Am 2016 (752), Sch 1 [21]–[23]. Rep 2022 (610), sec 3(3).
cl 67: Rep 2022 (610), sec 3(3).
cl 67A: Ins 2016 (752), Sch 1 [24]. Rep 2022 (610), sec 3(3).
cl 68: Rep 2022 (610), sec 3(3).
69   Fees
(1)  The fees set out in Schedule 3 are payable with respect to the matters referred to in that Schedule.
(2)  Any fee payable under section 25 of the Act is payable on or before an annual date as determined by the Authority.
(3)  The Authority may waive or refund all or part of any fee payable under the Act.
70   Repeal and savings
(1)  The Teacher Accreditation Regulation 2010 is repealed.
(2)  Any act, matter or thing that, immediately before the repeal of the Teacher Accreditation Regulation 2010, had effect under that Regulation continues to have effect under this Regulation.
Schedules 1, 2 (Repealed)
sch 1: Am 2016 (752), Sch 1 [25]–[30]. Rep 2022 (610), sec 3(3).
sch 2: Am 2016 (752), Sch 1 [31]; 2020 (577), Sch 1[48]. Rep 2022 (610), sec 3(3).
Schedule 3 Fees
(Clause 69 (1))
Matter for which fee payable
Fee $
For an application for preliminary assessment of person—
 
(a)  at highly accomplished teacher level, or
65
(b)  at lead teacher level
65
For an application for accreditation at highly accomplished teacher level—
 
(a)  if the applicant has been preliminarily assessed in relation to that level within the last 3 years, or
555
(b)  otherwise
605
For an application for accreditation at lead teacher level—
 
(a)  if the applicant has been preliminarily assessed in relation to that level within the last 3 years, or
655
(b)  otherwise
715
For the annual fee for teachers who are accredited
100
For the assessment of overseas qualifications held by a person who is an Australian citizen or permanent resident—
 
(a)  for up to 2 qualifications, or
200
(b)  for 3 or 4 qualifications, or
300
(c)  for 5 or more qualifications
400
For the assessment of overseas qualifications held by a person other than an Australian citizen or permanent resident—
 
(a)  for up to 2 qualifications, or
350
(b)  for 3 or 4 qualifications, or
450
(c)  for 5 or more qualifications
550
For providing a statement of professional standing to a person who is not accredited
100
For restoring accreditation after a period of suspension (except where directed to do so by the Civil and Administrative Tribunal or a Court)
100