Education (Queensland College of Teachers) Act 2005

An Act to establish the Queensland College of Teachers, to confer functions on the college including functions about the registration of teachers in Queensland and related matters, to establish the Office of the Queensland College of Teachers, and for other purposes

1Short title

This Act may be cited as the Education (Queensland College of Teachers) Act 2005.

2Commencement

This Act, other than sections 6, 299 and 304 and schedule 3, commences on 1 January 2006.

3Main objects of Act

(1)The main objects of the Act are—

(a)to uphold the standards of the teaching profession; and

(b)to maintain public confidence in the teaching profession; and

(c)to protect the public by ensuring education in schools is provided in a professional and competent way by approved teachers.

(2)The objects are to be achieved mainly by—

(a)establishing the Queensland College of Teachers; and

(b)conferring on the college functions and powers about—

(i)granting registration or permission to teach to persons; and

(ii)certifying teachers as highly accomplished teachers or lead teachers; and

(iii)taking disciplinary action against approved teachers; and

(iv)monitoring compliance with and enforcing this Act; and

(c)establishing the Office of the Queensland College of Teachers to help the college in the performance of its functions.

s 3 amd 2019 No. 14 s 3

4Act binds all persons

(1)This Act binds all persons, including the State.

(2)This Act does not make the State liable to be prosecuted for an offence.

5Mutual recognition legislation not affected

This Act does not affect the operation of the Mutual Recognition (Queensland) Act 1992 or the Trans-Tasman Mutual Recognition (Queensland) Act 2003.

6Dictionary

The dictionary in schedule 3 defines particular words used in this Act.

7Meaning of harm

(1)Harm, to a child, is any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing.

(2)It is immaterial how the harm is caused.

(3)Harm can be caused by—

(a)physical, psychological or emotional abuse or neglect; or

(b)sexual abuse or exploitation.

(4)Harm can be caused by—

(a)a single act, omission or circumstance; or

(b)a series or combination of acts, omissions or circumstances.

s 7 amd 2016 No. 46 s 18

8Eligibility for full registration

(1)A person is eligible for full registration if the college is reasonably satisfied—

(a)either—

(i)the person has attained the qualifications and experience for full registration prescribed under a regulation; or

(ii)the person’s education, demonstrated abilities, experience, knowledge and skills establish that the person meets the requirements under the professional standards for full registration; and

Example—

A person has a teaching qualification that is not a prescribed qualification but has long and meritorious teaching experience in a school, whether or not the school is in Queensland.

(b)the person is suitable to teach; and

(c)if the person is a person prescribed by regulation as being required to take a test for literacy, numeracy or science prescribed by regulation, the person—

(i)has taken the test; and

(ii)achieved a test result the college considers is satisfactory for full registration; and

Note—

Chapter 2, part 2, division 3 states the matters that may be prescribed for tests for literacy, numeracy or science.

(d)the person meets any other requirements for professional practice for full registration prescribed under a regulation.

(2)The requirements mentioned in subsection (1)(a) and (d) are the professional practice requirements for full registration.

(3)The requirements mentioned in subsection (1)(a) to (d) are the eligibility requirements for full registration.

(4)Without limiting subsection (1), the college may be satisfied the person meets the eligibility requirements for full registration by imposing conditions on the registration under section 20.

s 8 amd 2009 No. 40 s 21; 2010 No. 4 s 7

9Eligibility for provisional registration

(1)A person is eligible for provisional registration if the college is reasonably satisfied—

(a)either—

(i)the person has attained the qualifications for provisional registration prescribed under a regulation; or

(ii)the person’s education, demonstrated abilities, experience, knowledge and skills establish that the person meets the requirements under the professional standards for provisional registration; and

Example—

A person has a qualification other than a prescribed qualification, at degree level or higher, from a higher education institution and has long and meritorious teaching experience in a non-school setting, such as a TAFE or higher education institution.

(b)the person is suitable to teach; and

(c)if the person is a person prescribed by regulation as being required to take a test for literacy, numeracy or science prescribed by regulation, the person—

(i)has taken the test; and

(ii)achieved a test result the college considers is satisfactory for provisional registration; and

Note—

Chapter 2, part 2, division 3 states the matters that may be prescribed for tests for literacy, numeracy or science.

(d)the person meets any other requirements for professional practice for provisional registration prescribed under a regulation.

(2)The requirements mentioned in subsection (1)(a) and (d) are the professional practice requirements for provisional registration.

(3)The requirements mentioned in subsection (1)(a) to (d) are the eligibility requirements for provisional registration.

(4)Without limiting subsection (1), the college may be satisfied the person meets the eligibility requirements for provisional registration by imposing conditions on the registration under section 20.

s 9 amd 2009 No. 40 s 22; 2010 No. 4 s 8; 2011 No. 39 s 14

10Eligibility for permission to teach

(1)A person is eligible for permission to teach if the college is reasonably satisfied the person—

(a)has been offered a teaching position in a school and the employing authority for, or principal of, the school can not find an appropriate registered teacher to fill the position; and

(b)has knowledge, qualifications, skills or training reasonably considered by the college to be relevant to the teaching position the person has been offered; and

(c)is suitable to teach; and

(d)meets any other requirements for professional practice for permission to teach prescribed under a regulation.

(2)The requirements mentioned in subsection (1)(a) to (d) are the eligibility requirements for permission to teach.

(3)Without limiting subsection (1), the college may be satisfied the person meets the eligibility requirements for permission to teach by imposing conditions on the permission under section 20.

11Suitability to teach—police information

(1)In considering whether a person is suitable to teach, the college must have regard to—

(a)police information about the person obtained under section 14 or 15; and

(b)other information about the person obtained under section 15; and

(c)information about the person obtained under section 15B, 15C or 15D.

(2)If the college is aware the person’s criminal history includes a conviction for a serious offence, the college must decide the person is not suitable to teach, unless the college is satisfied it is an exceptional case in which it would not harm the best interests of children for the person to teach.

(3)In having regard to the person’s criminal history, the college must consider the following matters relating to information about the commission, or alleged or possible commission, of an offence by the person—

(a)when the offence was committed, is alleged to have been committed or may possibly have been committed;

(b)the nature of the offence and its relevance to the duties of a teacher;

(c)anything else the college considers relevant to deciding whether the person is suitable to teach.

(4)The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply in relation to the college’s decision under subsection (2).

(5)This section is subject to section 12A.

s 11 amd 2009 No. 48 s 46; 2010 No. 5 s 173

12Suitability to teach—other considerations

(1)In considering whether a person is suitable to teach, the college must also—

(a)have regard to information held by the college or reasonably available to the college about each of the following matters—

(i)any conviction of the person of an offence against a corresponding law or another law of a foreign country;

(ii)if the person has been refused registration as a teacher by an interstate regulatory authority or an overseas regulatory authority—the reason for the refusal;

(iii)if the person has been employed by an employing authority for a school and the person’s employment was ended by the employing authority for a reason relating to the person’s competency or suitability to teach—the reason for the ending of the person’s employment;

(iv)if the person has been registered under this Act or a former Act or is, or has been, registered under a corresponding law and the registration was affected—

(A)by the imposition of a condition—the nature of the condition and the reasons for its imposition; or

(B)by its suspension or cancellation—the reason for its suspension or cancellation; or

(C)in another way—the way it was affected and the reason for it being affected; and

(b)consider whether the person is suitable to work in a child-related field.

(2)Also, in considering whether a person is suitable to teach the college may have regard to any other matter the college considers relevant, even if the matter happened outside the State.

(3)Without limiting section 11 or subsection (1) or (2), a person is not suitable to teach if the person behaves in a way that—

(a)does not satisfy a standard of behaviour generally expected of a teacher; and

(b)shows the person is unfit to be granted registration or permission to teach.

(4)This section is subject to section 12A.

(5)In this section—

corresponding law means a law applying, or that applied, in another State, the Commonwealth or a foreign country that provides, or provided, for the same matter as this Act or a provision of this Act.

overseas regulatory authority means an entity—

(a)established under the law of another country, other than New Zealand; and

(b)that has functions similar to the functions of the college under this Act.

s 12 amd 2009 No. 48 s 47; 2016 No. 46 s 19

12ASuitability to work in child-related field—interstate information

(1)In considering whether a person is suitable to work in a child-related field as mentioned in section 12(1)(b), the college must consider whether the person poses a risk of harm to children.

(2)In considering whether the person poses a risk of harm to children, the college must have regard to—

(a)the person’s expanded interstate criminal history; and

(b)any other information, that relates to the person’s expanded interstate criminal history, disclosed by the commissioner of police under section 15, or an interstate commissioner of police under section 15A.

(3)In having regard to the matters mentioned in subsection (2), the college must consider the following matters relating to information about the commission, or alleged or possible commission, of an offence by the person—

(a)when the offence was committed, is alleged to have been committed or may possibly have been committed;

(b)the nature of the offence and its relevance to the duties of a teacher;

(c)anything else the college considers relevant to deciding whether the person poses a risk of harm to children.

(4)This section does not limit the matters the college may consider under section 11(2) or 12(1)(b).

(5)However, despite section 11 or 12, in considering whether a person is suitable to teach, the college may have regard to the person’s expanded interstate criminal history, or information of the type mentioned in subsection (2)(b), only to consider whether the person poses a risk of harm to children.

Notes—

1This section implements the Council of Australian Governments’ (COAG) agreement dated 29 November 2008 to facilitate the inter-jurisdictional exchange of criminal history information for people working with children.

2A copy of COAG’s communiqué about the agreement is available on COAG’s website.

s 12A ins 2009 No. 48 s 48

ch 2 pt 1A hdg ins 2011 No. 39 s 15

ch 2 pt 1A div 1 hdg ins 2011 No. 39 s 15

12BPurpose of pt 1A

The purpose of this part is to allow a person who is an eligibility applicant to apply to the college for a declaration (eligibility declaration) that the person is not an excluded person.

s 12B ins 2011 No. 39 s 15

12CApplication of part 1A

This part applies to a person despite anything in the Criminal Law (Rehabilitation of Offenders) Act 1986.

s 12C ins 2011 No. 39 s 15

12DDefinitions for pt 1A

In this part—

eligibility applicant means a person who—

(a)is, or has been, convicted of a serious offence, other than a person whose conviction for the offence is overturned on appeal; and

(b)is not subject to an imprisonment order for the offence; and

(c)is not a relevant excluded person.

s 12D ins 2011 No. 39 s 15

ch2 pt 1A div 2 hdg ins 2011 No. 39 s 15

12EApplication for eligibility declaration

(1)An eligibility applicant may make an application (eligibility application) to the college for an eligibility declaration.

(2)However, the applicant can not make an eligibility application within 2 years after making a previous eligibility application that has been refused, unless the decision to refuse the previous eligibility application was based on wrong or incomplete information.

(3)The eligibility application must be—

(a)in the approved form; and

(b)signed by the applicant; and

(c)accompanied by each of the following—

(i)the prescribed fee;

(ii)the criminal history check fee;

(iii)other documents or information, identified in the approved form, reasonably required by the college to decide the application.

(4)The approved form—

(a)must include provision for—

(i)identifying information about the applicant; and

(ii)certification by a prescribed person that the prescribed person has sighted the applicant’s proof of identity documents; and

(b)may require disclosure of police information about the applicant.

(5)Information contained in or accompanying the application must, if required by the college, be verified by statutory declaration.

(6)In this section—

commissioner for declarations means commissioner for declarations under the Justices of the Peace and Commissioners for Declarations Act 1991.

identifying information, about an applicant, means information that identifies the applicant.

prescribed person means a justice, commissioner for declarations, lawyer or police officer.

proof of identity documents, for an eligibility applicant, means the documents, relating to proof of the identity of the applicant, prescribed under a regulation.

s 12E ins 2011 No. 39 s 15

12FDecision on eligibility application

(1)The college must refuse to grant the eligibility application unless the college is satisfied it is an exceptional case in which it would not harm the best interests of children to issue the eligibility declaration.

(2)The college may obtain information about the applicant under sections 14 to 15D as if the application were an application for registration or permission to teach.

(3)In deciding whether there is an exceptional case, the college must have regard to the information mentioned in subsection (2).

(4)In having regard to the criminal history of the applicant, the college must consider the following matters relating to information about the commission, or alleged or possible commission, of an offence by the applicant—

(a)when the offence was committed, is alleged to have been committed or may possibly have been committed;

(b)the nature of the offence and its relevance to the duties of a teacher;

(c)any penalty imposed by the court and the court’s reasons for the penalty.

(5)Also, in deciding whether there is an exceptional case, the college must have regard to the following—

(a)documents or information contained in the applicant’s eligibility application;

(b)if the applicant has been refused registration in another jurisdiction or has held registration in another jurisdiction that has been suspended or cancelled—

(i)the reason for the refusal, suspension or cancellation; and

(ii)the way in which the refusal, suspension or cancellation relates to the applicant’s suitability to teach;

(c)if the applicant has had the applicant’s employment terminated by an employing authority for a school for a reason relating to the applicant’s suitability to teach— the reason for the termination;

(d)anything else the college considers relevant in deciding whether an exceptional case exists.

Example of an exceptional case—

The eligibility applicant was convicted, at 17 years, of unlawful carnal knowledge of his 15 year girlfriend and has not been convicted of a further serious offence.

s 12F ins 2011 No. 39 s 15

12GGrant or refusal to grant eligibility application

(1)If the eligibility application is granted, the college must issue an eligibility declaration to the eligibility applicant.

(2)If the application is refused, the college must give the applicant a notice stating the reasons for the refusal.

(3)If the college considers the applicant has not been convicted of a serious offence, the college must give notice to the applicant stating the following—

(a)the college may issue an eligibility declaration only if the applicant has been convicted of a serious offence;

(b)the college does not consider the applicant has been convicted of a serious offence and, for that reason, the college can not issue an eligibility declaration to the applicant;

(c)that, if the applicant is not an excluded person for another reason, the applicant may apply for registration or permission to teach;

(d)that the application will not be further dealt with by the college.

(4)There is no review or appeal under this Act in relation to a decision of the college under this section to refuse to grant an eligibility application.

s 12G ins 2011 No. 39 s 15

ch 2 pt 1A div 3 hdg ins 2011 No. 39 s 15

12HWithdrawal by notice

(1)An eligibility applicant may, by notice, withdraw the applicant’s eligibility application at any time before the college—

(a)issues an eligibility declaration; or

(b)gives the applicant a notice, relating to the application, under section 12G(2) or (3).

(2)The notice must be—

(a)signed by the eligibility applicant; and

(b)given to the college.

s 12H ins 2011 No. 39 s 15

12IDeemed withdrawal—identity of eligibility applicant not established

An eligibility applicant is taken to have withdrawn the applicant’s eligibility application if—

(a)the college gives the applicant a notice—

(i)asking the applicant to provide, within a reasonable stated time, stated information that the college reasonably needs to establish the applicant’s identity; and

(ii)warning the applicant that, if the applicant does not comply with the notice, the applicant’s application may be taken to have been withdrawn; and

(b)the applicant does not comply with the notice within the stated time; and

(c)the college can not establish with certainty the applicant’s identity; and

(d)the college gives the applicant a notice stating that the applicant is taken to have withdrawn the application.

s 12I ins 2011 No. 39 s 15

12JDeemed withdrawal—notice not complied with

An eligibility applicant is taken to have withdrawn the applicant’s eligibility application if—

(a)the college gives the applicant a notice asking the applicant to provide, within a reasonable stated time—

(i)stated information, including by way of a submission, about a stated matter that the college reasonably believes is relevant to the application; or

(ii)a consent that the college reasonably believes is relevant to the application; and

(b)the notice includes a warning that, if the applicant does not comply with the notice, the applicant’s application may be taken to have been withdrawn; and

(c)the applicant does not comply with the notice within the stated time; and

(d)the college gives the applicant a notice stating that the applicant is taken to have withdrawn the application.

s 12J ins 2011 No. 39 s 15

12KDeemed withdrawal—other circumstances

An eligibility applicant is taken to have withdrawn the applicant’s eligibility application if the applicant—

(a)is charged with a serious offence; or

(b)becomes an excluded person.

s 12K ins 2011 No. 39 s 15

ch 2 pt 1A div 4 hdg ins 2011 No. 39 s 15

12LRevocation of decision to refuse eligibility declaration

(1)The college may revoke a decision to refuse an eligibility application and issue an eligibility declaration if—

(a)the college is satisfied the decision on the application was based on wrong or incomplete information; and

(b)based on the correct or complete information, the college decides under section 12F that the college may issue the eligibility declaration.

(2)The college may exercise the power under subsection (1) on—

(a)the college’s own initiative; or

(b)application by the eligibility applicant whose eligibility application was refused.

s 12L ins 2011 No. 39 s 15

12MAutomatic expiry of eligibility declaration

(1)This section applies to an eligibility declaration if—

(a)the holder of the declaration is not an approved teacher; and

(b)after the declaration is issued, the holder—

(i)is charged with a serious offence; or

(ii)becomes an excluded person.

(2)This section also applies to an eligibility declaration if—

(a)the holder of the declaration is an approved teacher; and

(b)after the declaration is issued, the holder becomes an excluded person.

(3)The eligibility declaration expires on the day the holder is charged with the offence or becomes an excluded person.

s 12M ins 2011 No. 39 s 15

13Application of div 1

This division does not apply to a holder of provisional registration who applies for full registration.

Note—

See division 2 (Application for full registration by holder of provisional registration).

14Application for registration or permission to teach

(1)A person, other than an excluded person, may apply to the college for any of the following—

(a)full registration;

(b)provisional registration;

(c)permission to teach.

(2)The application must—

(a)be in the approved form; and

(b)be accompanied by each of the following—

(i)the documents or information on which the person relies to establish the person meets the eligibility requirements, other than the eligibility requirement mentioned in section 8(1)(c) or section 9(1)(c);

(ii)other documents or information, identified in the approved form, reasonably required by the college to decide the application;

(iii)any registration application fee or permission to teach application fee prescribed under a regulation;

(iv)the registration fee or permission to teach fee prescribed under a regulation; and

(c)be accompanied by the following—

(i)for an applicant who is the holder of a working with children clearance under the Working with Children Act—

(A)if there is no police information about the applicant—the employment-screening fee; or

(B)if there is police information about the applicant—the criminal history check fee;

(ii)for another applicant—the criminal history check fee.

(3)Also, the application must comply with any other requirements prescribed under a regulation.

(4)The approved form may require disclosure of police information about the person.

(5)If the approved form requires the disclosure of police information about the person, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure.

(6)Information contained in or accompanying the application must, if required by the college, be verified by statutory declaration.

(7)Subsection (8) applies if—

(a)the person is the holder of a working with children clearance under the Working with Children Act; and

(b)the application was accompanied by the employment-screening fee and not the criminal history check fee; and

(c)before the application is decided, the college—

(i)is given advice by the chief executive (employment screening) under section 15D(2)(c); or

(ii)otherwise becomes aware there is police information about the person.

(8)The college may—

(a)by notice ask the person to pay the criminal history check fee; and

(b)defer deciding the application until the criminal history check fee is paid.

(9)For subsection (8), it is immaterial whether or not there was police information about the person when the application was made.

(10)In this section—

employment-screening fee means the fee prescribed by regulation under the Working with Children Act for obtaining information from the chief executive (employment screening) under section 15D.

s 14 amd 2010 No. 4 s 9; 2010 No. 5 s 174; 2011 No. 39 s 16; 2014 No. 28 s 105sch 1; 2019 No. 18 s 86(2) sch 2

15Obtaining police information about applicant

(1)The college must ask the commissioner of police for a written report containing details of the police information, if any, existing in relation to an applicant for registration or permission to teach.

(2)Also, the college may ask the commissioner of police for the following information about the applicant—

(a)a brief description of the circumstances of a conviction or charge, for an offence, mentioned in the applicant’s criminal history;

(b)information about any investigation relating to the possible commission of a serious offence by the applicant.

(3)For subsections (1) and (2), the college’s request may include the following information—

(a)the applicant’s name and any other name the college believes the applicant may use or have used;

(b)the applicant’s gender and date and place of birth;

(c)the applicant’s address.

(4)Subject to subsections (5) and (6), the commissioner of police must comply with a request under subsection (1) or (2).

(5)The commissioner of police’s obligation to comply with the request applies only to information in the possession of the commissioner or to which the commissioner has access.

(6)The commissioner of police must not give information about an investigation relating to the possible commission of a serious offence by the applicant if—

(a)the commissioner is reasonably satisfied that giving the information—

(i)may prejudice or otherwise hinder an investigation to which the information may be relevant; or

(ii)may lead to the identification of an informant; or

(iii)may affect the safety of a police officer, complainant or other person; or

(b)for an investigation that has been completed—the investigation has not led, and the commissioner is reasonably satisfied it is unlikely to lead, to a reasonable suspicion that the applicant committed a serious offence; or

(c)for an investigation that has not been completed—the commissioner is reasonably satisfied the investigation is unlikely to lead to a reasonable suspicion that the applicant committed a serious offence.

(6A)If the commissioner of police gives a written report in response to a request under subsection (1) about a person who is or has been a relevant excluded person, the report must include the following information—

(a)that the person is or has been a relevant excluded person;

(b)if the person is or has been subject to an offender prohibition order—

(i)a brief description of the conduct that gave rise to the order; and

(ii)the duration and details of the order, including whether it is or was a temporary offender prohibition order or a final offender prohibition order;

(c)if the person is or has been subject to an offender prohibition disqualification order—the duration and details of the disqualification order.

(6B)If the commissioner of police gives a written report in response to a request under subsection (1) about a person who is or has been named as the respondent for an application for an offender prohibition order, or the subject of an application for an offender prohibition disqualification order, and the order was not made, the report must include the following information—

(a)that the person is or has been named as the respondent for an application for an offender prohibition order, or the subject of an application for an offender prohibition disqualification order, and the order was not made;

(b)the reasons why the application was made;

(c)the reasons why the order was not made;

(d)if the application was for an offender prohibition order and the magistrate or court hearing the application decided not to make an offender prohibition disqualification order for the person—the reasons why the offender prohibition disqualification order was not made.

(7)The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the asking for, or giving of, the information mentioned in subsection (1), (2), (6A) or (6B).

(8)To remove any doubt, it is declared that, despite the Youth Justice Act 1992, part 9, the commissioner of police may disclose information to which that part applies to the college for complying with a request under subsection (1) or (2).

(9)This section does not apply if—

(a)the college—

(i)has, under section 15D, been advised that the applicant is the holder of a working with children clearance under the Working with Children Act that has not been suspended under that Act; and

(ii)has not, under section 15D, been advised that the college may need to have regard to the matters mentioned in section 11(1) for deciding whether the applicant is suitable to teach; and

(b)having regard to advice given to the college under section 15D and any other information about the applicant the college is aware of, the college is reasonably satisfied that there is no police information in relation to the applicant.

s 15 amd 2010 No. 5 s 175; 2011 No. 39 s 17; 2014 No. 28 s 105 sch 1; 2017 No. 14 s 50 sch 1; 2019 No. 18 s 86(2) sch 2

15AAObtaining other information from commissioner of police

(1)This section applies if the college—

(a)becomes aware that an applicant for registration or permission to teach has been charged with or convicted of an offence; and

(b)reasonably believes information about the offence—

(i)may help the college in deciding whether the applicant is suitable to teach; and

(ii)is not, or is not likely to be, in the possession of control of an entity, other than the commissioner of police, from whom the college may request the information.

(2)The college may, by notice, ask the commissioner of police for the following—

(a)a copy or written summary of evidentiary material about the offence;

(b)if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with.

(3)The college’s request may include the following information—

(a)the applicant’s name and any other name the college believes the applicant may use or have used;

(b)the applicant’s gender and date and place of birth.

(4)The commissioner of police may comply with a request under subsection (2) if the commissioner reasonably believes—

(a)the statement, copy or summary may help the college in deciding whether the applicant is suitable to teach; and

(b)the statement, copy or summary is not, or is not likely to be, in the possession or control of another entity from whom the college may request the information.

(5)Without limiting subsection (4), the commissioner of police must not give the college a copy or written summary of evidentiary material about the offence that relates only to a person other than the applicant.

(6)The commissioner of police must not give information, or a document containing information, to the college under this section if the commissioner is reasonably satisfied that giving the information may do any of the following—

(a)prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(b)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(c)endanger a person’s life or physical safety;

(d)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(e)prejudice a prosecution or another matter before a court.

Note—

See section 283 for restrictions on disclosing or giving access to information or documents obtained under this Act.

s 15AA ins 2016 No. 46 s 20

15ARequesting further information about interstate convictions and charges

(1)This section applies if a person’s criminal history obtained under section 14 or 15 includes—

(a)a conviction of the person for an offence in another State, including an interstate spent conviction of the person; or

(b)an interstate charge against the person.

(2)The college may ask an interstate commissioner of police for a brief description of the circumstances of the conviction or charge.

(3)The college’s request may include the following information—

(a)the applicant’s name and any other name the college believes the applicant may use or have used;

(b)the applicant’s gender and date and place of birth.

s 15A ins 2009 No. 48 s 49

15BObtaining information from director of public prosecutions

(1)If the college becomes aware that an applicant for registration or permission to teach has been charged with or convicted of an offence, the college may, by notice, ask the director of public prosecutions for the following—

(a)a written statement briefly describing the circumstances of a charge or conviction for the offence;

(b)a copy or written summary of evidentiary material about the offence;

(c)if a charge for the offence was not proceeded with—a written summary of the reasons why the charge was not proceeded with.

(2)The college’s request may include the following information—

(a)the applicant’s name and any other name the college believes the applicant may use or have used;

(b)the applicant’s gender and date and place of birth.

(3)The director of public prosecutions may comply with a request under subsection (1) if the director reasonably believes the statement, copy or summary may help the college in deciding whether the applicant is suitable to teach.

(4)Without limiting subsection (3), the director of public prosecutions must not give the college a copy or written summary of evidentiary material about the offence that relates only to a person other than the applicant.

(5)The director of public prosecutions must not give information, or a document containing information, to the college under this section if the director is reasonably satisfied that giving the information may do any of the following—

(a)prejudice the investigation of a contravention or possible contravention of the law in a particular case;

(b)enable the existence or identity of a confidential source of information, in relation to the enforcement or administration of the law, to be ascertained;

(c)endanger a person’s life or physical safety;

(d)prejudice the effectiveness of a lawful method or procedure for preventing, detecting, investigating or dealing with a contravention or possible contravention of the law;

(e)prejudice a prosecution or another matter before a court.

(6)The giving of information, or a document containing information, under this section by the director of public prosecutions is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 283 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(7)Without limiting subsection (6), this section applies despite the Director of Public Prosecutions Act 1984, section 24A.

s 15B ins 2010 No. 5 s 176

amd 2016 No. 46 s 21

15CObtaining information from chief executive (corrective services)

(1)The chief executive (corrective services) must give the college notice of each person who is or becomes subject to a sexual offender order.

(2)The notice must state the following—

(a)the person’s name;

(b)that the person is subject to a sexual offender order;

(c)any other information the chief executive (corrective services) reasonably considers is necessary for the college to perform a function or exercise a power under this chapter.

(3)The chief executive (corrective services) and the college may enter into a written arrangement by which notices are given under subsection (1).

(4)Without limiting subsection (3), the arrangement may provide for giving the notices electronically.

(5)However, if notices under subsection (1) are to be given electronically and, under an Act, there is a limitation on who may access the information mentioned in the notices or the purposes for which that information may be used, the arrangement must provide for the limitation.

(6)The disclosure of information by the chief executive (corrective services) under this section is authorised despite any other Act or law, including a law imposing an obligation to maintain confidentiality about the information.

Note—

See section 283 for restrictions on disclosing or giving access to information or documents obtained under this Act.

(7)In this section—

chief executive (corrective services) means the chief executive of the department in which the Corrective Services Act 2006 is administered.

s 15C ins 2010 No. 5 s 176

15DObtaining information from chief executive (employment screening)

(1)This section applies if an applicant for registration or permission to teach claims to be the holder of a working with children clearance under the Working with Children Act.

(2)The college may ask the chief executive (employment screening) to advise the college about—

(a)whether or not the applicant is the holder of a working with children clearance under the Working with Children Act; and

(b)whether or not the applicant’s working with children clearance is suspended under the Working with Children Act; and

(c)if the applicant is the holder of a working with children clearance under that Act that is not suspended—whether the college may need to have regard to the matters mentioned in section 11(1) for deciding whether the applicant is suitable to teach.

(3)For subsection (2), the college’s request may include the following information—

(a)the person’s name and any other name that the college believes the person may use or may have used;

(b)the person’s gender and date and place of birth;

(c)the person’s address;

(d)any number or date given by the person about the working with children clearance the person holds or claims to hold.

(4)The chief executive (employment screening) must comply with the request.

(5)However—

(a)the chief executive (employment screening) may give advice under subsection (2)(c) only if he or she is aware of police information about the person; and

(b)if paragraph (a) applies, the advice must be that the college may need to have regard to the matters mentioned in section 11(1) for deciding whether the applicant is suitable to teach.

(6)If the chief executive (employment screening) gives advice under subsection (2)(c) about the applicant, the advice must be accompanied by a notice stating that no adverse inference about the applicant’s police information or suitability to teach may be drawn by the fact the advice was given.

s 15D ins 2010 No. 5 s 176

amd 2014 No. 28 s 105 sch 1; 2019 No. 18 s 86(2) sch 2

16Requirement to advise applicant of police information received

(1)This section applies to information received by the college under section 15 or 15A.

(2)Before using the information in deciding whether the person is suitable to teach, the college must—

(a)disclose the information to the applicant; and

(b)allow the applicant a reasonable opportunity to make representations to the college about the information.

s 16 amd 2009 No. 48 s 50; 2010 No. 5 s 177

17College’s power to obtain further information etc. from applicant

(1)Before deciding an application for registration or permission to teach, the college may, by notice, require the applicant to give the college, within a stated reasonable time, further information or a document the college reasonably requires to decide the application.

(2)The time stated in the notice must be at least 28 days after giving the notice.

(3)The notice may require further information to be verified by statutory declaration.

(4)The applicant may ask the college to extend the time stated in the notice.

(5)The request must be—

(a)in writing; and

(b)made before the time ends.

(6)The college must not refuse a reasonable request for an extension of time.

(7)The college may give an applicant—

(a)more than 1 notice under subsection (1); and

(b)more than 1 extension of time.

18Effect of failure by applicant to comply with a request for further information etc.

The applicant is taken to have withdrawn the application for registration or permission to teach if—

(a)the college gives the applicant a notice under section 17(1); and

(b)either—

(i)the applicant does not give the college the information or document required within the time required under the notice or an extension of time granted by the college; or

(ii)the applicant does not verify by statutory declaration any information required under the notice to be verified by statutory declaration.

19College may use documents or information to verify application

The college may use any documents or information held or obtained by the college to verify information—

(a)contained in or accompanying an application for registration or permission to teach; or

(b)obtained by the college under section 17.

20How college may decide application

(1)The college must consider an application for registration or permission to teach and—

(a)do any of the following—

(i)for an application for full registration—grant the applicant full or provisional registration, with or without conditions;

(ii)for an application for provisional registration—grant the applicant provisional registration, with or without conditions;

(iii)for an application for permission to teach—grant the applicant permission to teach, with or without conditions; or

(b)refuse to grant the applicant registration or permission to teach.

(2)However, the college may grant the applicant registration or permission to teach with a condition only if the college is reasonably satisfied the condition is necessary to ensure the applicant meets the eligibility requirements.

Examples of conditions the college might impose—

•a condition requiring the applicant to complete a course

•a condition requiring the supervision of the applicant

•a condition restricting the subjects the applicant can teach

21Steps to be taken after college decides application

(1)If the college decides to grant the application for registration or permission to teach, as soon as practicable after the decision is made the college must—

(a)give the applicant an approval notice; and

(b)issue a certificate of registration or a certificate of permission to teach to the applicant.

(2)However, if the applicant applied for full registration and the college decides to grant the applicant provisional registration—

(a)subsection (1) does not apply; and

(b)the college must—

(i)give the applicant an information notice about the college’s decision; and

(ii)issue a certificate of registration to the applicant.

(3)If the college decides not to grant the applicant registration or permission to teach, the college must as soon as practicable—

(a)give the applicant an information notice about the college’s decision; and

(b)refund the registration fee or permission to teach fee paid by the applicant.

(4)In this section—

approval notice means a notice stating the following—

(a)the college’s decision to grant the applicant full or provisional registration, or permission to teach;

(b)if the college decides to grant the registration or permission to teach with conditions—

(i)the conditions and the reasons for them; and

(ii)that the applicant may apply for review of the conditions under section 39;

(c)if the college decides to grant the applicant permission to teach—the period of the permission to teach.

s 21 amd 2016 No. 46 s 22

22Application by holder of provisional registration

A holder of provisional registration may apply for full registration under this division.

23Requirements for application

(1)The application must be in the approved form.

(2)The application must comply with any other requirements prescribed under a regulation.

24How college may decide application

(1)The college must consider the application and—

(a)grant the applicant full registration, with or without conditions; or

(b)refuse to grant the applicant full registration.

(2)The college may grant the application only if the college is reasonably satisfied—

(a)if the applicant’s provisional registration is subject to 1 or more conditions—the applicant has fulfilled all of the conditions; and

(b)the applicant meets the professional practice requirements for full registration.

(3)The college may grant the applicant full registration with a condition only if the college is reasonably satisfied the condition is necessary to ensure the applicant meets the eligibility requirements.

25Steps to be taken after college decides application

(1)As soon as practicable after deciding the application, the college must—

(a)if it decides to grant the applicant full registration—

(i)give the applicant an approval notice; and

(ii)issue a certificate of registration to the applicant; or

(b)if it decides not to grant the applicant full registration—give the applicant an information notice about the decision.

(2)In this section—

approval notice means a notice stating the following—

(a)the college’s decision to grant the applicant full registration;

(b)if the college decides to grant the registration with conditions—

(i)the conditions and the reasons for them; and

(ii)that the applicant may apply for review of the conditions under section 39.

s 25 amd 2016 No. 46 s 23

ch 2 pt 2 div 3 hdg ins 2010 No. 4 s 10

25ALiteracy, numeracy or science test may be prescribed

A regulation prescribing a test for literacy, numeracy or science for full or provisional registration may provide for the following—

(a)details of the matters to be tested;

(b)who must take the test;

(c)the times at which the test is available to be taken;

(d)how often a person may take the test;

(e)the fees payable for taking or retaking the test or applying for a reassessment of the test result;

(f)that the college may decide the matters to be tested and publish these matters;

(g)any other matter that is necessary or convenient for literacy, numeracy or science testing.

s 25A ins 2010 No. 4 s 10

25BPerson may apply for reassessment of test result

(1)A person who has taken a literacy, numeracy or science test may ask the college to reassess the person’s result for the test.

(2)The request must—

(a)be in the approved form; and

(b)be made within 20 days after the person is issued with the person’s result for the test; and

(c)be accompanied by the reassessment fee.

(3)The college must as soon as practicable reassess the person’s result for the test.

(4)If, after reassessing the person’s result, the college decides the test result is satisfactory for registration the college must as soon as practicable—

(a)issue the person with a replacement result; and

(b)refund the reassessment fee to the person.

(5)If, after reassessing the person’s result, the college decides the test result is not satisfactory for registration, the college must give the person notice of the decision.

(6)In this section—

reassess, a person’s test result, means to check the accuracy of the test result in the way decided by the college.

s 25B ins 2010 No. 4 s 10

25CApplication for registration may lapse after unsatisfactory test result

(1)This section applies to a person who applies for registration and is required to take a literacy, numeracy or science test but does not take the test or achieve a satisfactory test result.

(2)A regulation may prescribe the circumstances in which the person’s application for registration lapses.

s 25C ins 2010 No. 4 s 10

25DDefinition for div 1

In this division—

previously-provided police information, for a person who applies, under section 28, for renewal of full registration or permission to teach, means information that—

(a)relates to the person; and

(b)was given to the college under section 15 or 15A before the person applied for the renewal.

s 25D ins 2014 No. 62 s 130

26Period and renewal of full registration

(1)The period of full registration is 5 years from the day the college grants the registration.

(2)However, if the person to whom the registration is granted was the holder of provisional registration, the period of the full registration is reduced by the period for which the person held the provisional registration.

Example—

A person holds provisional registration for 1 year before being granted full registration. The initial period of the person’s full registration would be 4 years.

(3)At the end of the period of the registration, the registration ends.

(4)However, if an application for renewal of the registration is made before the period of the registration ends, the registration is taken to continue until the application is decided.

(5)Full registration may be renewed for further periods of 5 years.

27Period and renewal of permission to teach

(1)The period of a permission to teach is the period stated in the certificate of permission to teach issued to the holder of the permission.

(2)The stated period must not be longer than 2 years from the day the college grants the permission.

(3)Permission to teach may be renewed for further periods not longer than 2 years each.

(4)However, a permission to teach may be renewed only if the holder has held the permission continuously for at least 2 years.

(5)At the end of the period of the permission to teach, the permission to teach ends.

(6)If an application for renewal of permission to teach is made before the period of the permission to teach ends, the permission to teach is taken to continue until the application is decided.

28Application for renewal of full registration or permission to teach

(1)A person, other than an excluded person, may apply to the college for the renewal of—

(a)full registration; or

(b)permission to teach.

(2)The application must—

(a)be made before the person’s registration or permission to teach ends but not earlier than—

(i)for renewing full registration—6 months before the registration ends; or

(ii)for renewing permission to teach—3 months before the permission to teach ends; and

(b)be in the approved form; and

(c)be accompanied by each of the following—

(i)documents or information, identified in the approved form, reasonably required by the college to decide the application;

(ii)the annual fee;

(iii)if the application is for renewal of permission to teach—the fee mentioned in section 14(2)(c).

(3)Also, the application must comply with any other requirements prescribed under a regulation.

(4)The approved form may require disclosure of the person’s police information.

(5)If the approved form requires the disclosure of the person’s police information, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure.

(6)Information contained in or accompanying the application must, if required by the college, be verified by statutory declaration.

(7)Section 14(7) to (9) applies in relation to the application as if a reference in the section to the application were a reference to an application under this section.

s 28 amd 2010 No. 5 s 178

29Requirements for renewal—full registration

(1)This section applies in relation to a person who applies for renewal of full registration under section 28.

(2)The college may renew the person’s registration if the college is reasonably satisfied—

(a)the person is suitable to teach; and

(b)each condition of the person’s registration (if any)—

(i)has been fulfilled; or

(ii)is being complied with at the time the college considers the application for renewal; and

(c)the person—

(i)has practised as a teacher, whether or not on a full-time basis, for a period that is—

(A)of at least the duration prescribed under a regulation; and

(B)within the period prescribed under a regulation; or

(ii)has attained experience the college recognises is the equivalent of teaching at a school for a period that is—

(A)of at least the duration prescribed under a regulation; and

(B)within the period prescribed under a regulation; and

(d)the person has undertaken, during the relevant period of registration, the continuing professional development required for registered teachers under the CPD framework.

(3)For deciding the person’s application for renewal sections 15 to 19 apply, with any necessary changes, as if—

(a)the application for renewal were an application for registration; and

(b)the applicant for renewal were an applicant for registration; and

(c)the renewal of the registration were the grant of the registration.

(4)However, section 16 applies in relation to previously-provided police information for the person only if—

(a)the college proposes to make a decision under section 32(1)—

(i)to renew the person’s registration with conditions; or

(ii)to refuse to renew the person’s registration; and

(b)the previously-provided police information is relevant to the decision.

(5)In this section—

relevant period of registration means the period of the registration during which the application for renewal is made.

s 29 amd 2008 No. 1 s 3; 2010 No. 4 s 11; 2014 No. 62 s 131; 2016 No. 46 s 24

30Development or recognition of CPD framework by college

(1)The college must develop or recognise a framework (a CPD framework) for the continuing professional development of registered teachers.

(2)In developing the framework, the college must—

(a)have regard to the professional standards; and

(b)consult with the chief executive and the representative entities.

(3)Subsection (2) does not prevent the college consulting with another person or entity.

(4)The college must give notice to all registered teachers to whom the framework is relevant of the matters provided for in the framework.

(5)The framework may state any of the following, for the requirement stated in section 29(2)(d) for renewing full registration—

(a)the type of continuing professional development required;

(b)the minimum continuing professional development a registered teacher must undertake.

(6)The college must—

(a)make the framework available for inspection on its internet site; and

(b)ensure copies of the framework are kept available for inspection at the office.

s 30 amd 2008 No. 1 s 4

31Requirements for renewal—permission to teach

(1)This section applies in relation to a person who applies for renewal of permission to teach under section 28.

(2)The college may renew the person’s permission to teach if the college is reasonably satisfied—

(a)the person is suitable to teach; and

(b)each condition of the person’s permission to teach (if any)—

(i)has been fulfilled; or

(ii)is being complied with at the time the college considers the application for renewal.

(3)For deciding whether the person is suitable to teach, sections 15 to 19 apply, with any necessary changes, as if—

(a)the application for renewal were an application for permission to teach; and

(b)the applicant for renewal were an applicant for permission to teach; and

(c)the renewal of the permission to teach were the grant of the permission to teach.

(4)However, section 16 applies in relation to previously-provided police information for the person only if—

(a)the college proposes to make a decision under section 32(1)—

(i)to renew the person’s permission to teach with conditions; or

(ii)to refuse to renew the person’s permission to teach; and

(b)the previously-provided police information is relevant to the decision.

s 31 amd 2014 No. 62 s 132

32How college may decide application for renewal

(1)The college must consider an application for the renewal of full registration or permission to teach and either—

(a)renew the applicant’s registration or permission to teach, with or without conditions; or

(b)refuse to renew the applicant’s registration or permission to teach.

Note—

For requirements relating to particular proposed decisions under this subsection to which previously-provided police information for an applicant is relevant—see sections 29(4) and 31(4).

(2)The college may impose any condition under subsection (1)(a) the college considers necessary for the applicant to meet the requirements stated in section 29(2)(a), (c) or (d) or 31(2)(a).

(3)If the college decides to renew the registration or permission to teach, the registration or permission to teach remains subject to the conditions to which it was subject immediately before the renewal, other than a condition that has been fulfilled.

s 32 amd 2014 No. 62 s 133; 2016 No. 46 s 25

33Steps to be taken after college decides application

(1)If the college decides to renew the applicant’s full registration or permission to teach, as soon as practicable after the decision is made the college must—

(a)give the applicant an approval notice; and

(b)issue a certificate of registration or a certificate of permission to teach to the applicant.

(2)If the college decides not to renew the applicant’s full registration or permission to teach, the college must as soon as practicable give the applicant an information notice about the college’s decision.

(3)In this section—

approval notice means a notice stating the following—

(a)the college’s decision to renew the applicant’s full registration or permission to teach;

(b)if the college decides to renew the registration or permission to teach with conditions—

(i)the conditions and the reasons for them; and

(ii)that the person may apply for a review of the conditions under section 39;

(c)if the college decides to renew the permission to teach—the period for which the permission is renewed.

s 33 amd 2016 No. 46 s 26

34Period of provisional registration

(1)The period of provisional registration is 2 years from the day the college grants the registration.

(2)At the end of the period of the registration, the registration ends.

(3)However, the registration may be extended for a further period of 2 years under section 35.

35Option to extend provisional registration

(1)A person who holds provisional registration may give the college a notice, before the period of the registration ends, stating that the holder wishes to exercise the option to extend the registration.

(2)The notice must be accompanied by the annual fee.

(3)If the holder gives notice under subsection (1), the college must—

(a)extend the period of the holder’s registration for 2 years; and

(b)as soon as practicable after receiving the notice, issue a certificate of registration to the holder.

(4)The period of provisional registration may be extended under this section only once.

s 35 amd 2016 No. 46 s 27

36When application for restoration of full registration may be made

(1)A person, other than an excluded person, whose full registration has ended may, not later than 2 months after the person’s registration ended, apply to the college for restoration of the registration.

(2)Despite subsection (1), the college may accept an application made more than 2 months after expiry of the registration if the college is satisfied it would be reasonable in all the circumstances to accept the application.

37Requirements for application for restoration

(1)The application must—

(a)be in the approved form; and

(b)be accompanied by each of the following—

(i)documents or information, identified in the approved form, reasonably required by the college to decide the application;

(ii)the restoration application fee prescribed under a regulation;

(iii)the annual fee.

(2)The approved form may require disclosure of the person’s police information.

(3)If the approved form requires the disclosure of the person’s police information, the Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the disclosure.

(4)Information contained in or accompanying the application must, if required by the approved form, be verified by statutory declaration.

s 37 amd 2010 No. 5 s 179

38Application of pt 3, div 1 for restoring full registration

(1)For restoring full registration, part 3, division 1, other than section 28(2)(a), applies with any necessary changes as if—

(a)an application for restoration of full registration were an application for renewal of full registration; and

(b)the applicant for restoration of full registration were an applicant for renewal of full registration; and

(c)restoration of full registration were renewal of full registration.

(2)For subsection (1), section 29 applies as if—

(a)the time at which the conditions of the applicant’s registration were required to be complied with under section 29(2)(b)(ii) was immediately before the registration ended; and

(b)the relevant period of registration were the most recently ended period of the applicant’s registration.

(3)For subsection (1), section 32(3) applies as if the person’s registration were required to be restored subject to the conditions to which it was subject immediately before it ended.

39Application for review of condition

(1)This section applies to a person—

(a)who is an approved teacher; and

(b)whose registration or permission to teach is subject to a condition, other than a condition imposed by a practice and conduct body.

(2)The person may make a written application to the college asking for the condition to be reviewed and amended or cancelled.

s 39 amd 2016 No. 46 s 28

40Review of condition by college

(1)The college must, as soon as practicable after being asked to review a condition under section 39, review the condition.

(2)After conducting the review, the college may do 1 or more of the following—

(a)amend the condition under section 41 or 42;

(b)cancel the condition under section 43;

(c)decide to impose a new condition on the person’s registration or permission to teach under section 41;

(d)refuse to amend or cancel the condition under section 41 or 43.

41Amendment or imposition of conditions following a review

(1)This section applies if the college reviews a condition of a person’s registration or permission to teach under section 40.

(2)The college may decide to—

(a)impose a new condition on the person’s registration or permission to teach, if the college is reasonably satisfied the condition is necessary to ensure the person meets the eligibility requirements; or

(b)amend the reviewed condition other than under section 42(1); or

(c)refuse to amend the reviewed condition as requested by the holder.

(3)If the college decides to do a thing mentioned in subsection (2), as soon as practicable after making the decision the college must give the person an information notice about the decision.

(4)The decision takes effect on the day the information notice is given to the person or, if the notice states a later day of effect, the stated day of effect.

42Non-contentious amendment of conditions

(1)The college may at any time amend a condition imposed on a person’s registration or permission to teach if the registration or permission to teach is amended only—

(a)to omit the condition, if doing so is not adverse to the holder’s interests; or

(b)for a formal or clerical reason; or

(c)in another way that is not adverse to the holder’s interests; or

(d)as requested by the holder in an application for review of the condition.

(2)The college may make an amendment under subsection (1) by giving notice to the holder.

(3)The amendment takes effect on the day the notice is given to the holder or, if the notice states a later day of effect, the stated day of effect.

43Cancellation of conditions

(1)The college may cancel a condition imposed on a person’s registration or permission to teach if the college is reasonably satisfied the condition has been fulfilled or is no longer necessary for the person to meet the eligibility requirements.

(3)The college may cancel a condition under this section by giving notice to the person.

(4)The notice must state the day the cancellation takes effect.

(5)If the person requested, in an application for review, the cancellation of a condition and the college decides not to cancel the condition, the college must as soon as practicable give an information notice about the college’s decision to the person.

s 43 amd 2008 No. 1 s 5; 2016 No. 46 s 29

44Amending or replacing certificate of registration or certificate of permission to teach

(1)An approved teacher who receives a relevant notice must, unless the teacher has a reasonable excuse, return the teacher’s certificate of registration or certificate of permission to teach to the college within 21 days after receiving the notice.

Maximum penalty—10 penalty units.

(2)On receiving the certificate, the college must—

(a)amend it appropriately or issue a replacement certificate to the teacher; and

(b)return the amended or replacement certificate to the teacher.

(3)The effect of the amendment does not depend on the amendment being noted on the teacher’s certificate of registration or permission to teach.

(4)In this section—

relevant notice means a notice under section 41(3), 42(2) or 43(3).

s 44 amd 2009 No. 24 s 178; 2011 No. 39 s 18

45Application of div 2

This division applies in relation to a person who holds one of the following that is subject to a condition (a relevant condition), other than a condition imposed under a practice and conduct order or a voluntary practice and conduct agreement—

(a)full registration;

(b)provisional registration;

(c)permission to teach.

s 45 amd 2016 No. 46 s 30

46College to give show cause notice for failing to comply with condition

If the college reasonably believes a person to whom this division applies is not complying with a relevant condition, the college must give the person a notice stating—

(a)the college may order the cancellation or suspension of the person’s registration or permission to teach (the proposed order); and

(b)the grounds for the proposed order; and

(c)an outline of the facts and circumstances forming the basis for the grounds; and

(d)if the proposed order is an order suspending the registration or permission to teach—the proposed period of the suspension; and

(e)an invitation to the person to show in writing, within a stated time that is at least 28 days, why the proposed order should not be made.

s 46 amd 2016 No. 46 s 31

47College’s power to suspend or cancel registration or permission to teach

(1)This section applies if, after considering any written statements made to the college within the time required under section 46(e), the college is satisfied the person is not complying with a relevant condition.

(2)The college may—

(a)if the proposed order was to suspend the registration or permission to teach for a proposed period—order suspension of the registration or permission to teach for not longer than the proposed period; or

(b)if the proposed order was to cancel the registration or permission to teach—order either of the following—

(i)cancellation of the registration or permission to teach;

(ii)suspension of the registration or permission to teach for a period.

(3)The college must, within 7 days after the decision about whether to make an order under subsection (2) is made, give the person—

(a)if the college decides to make the order—an information notice about the college’s decision; or

(b)if the college decides not to make the order—a notice stating the college’s decision.

(4)If the college makes an order cancelling or suspending the registration or permission to teach, the cancellation or suspension takes effect on the day the teacher is given an information notice about the order under subsection (3).

(5)In this section—

proposed order means the proposed order stated in the notice given to the person under section 46.

s 47 amd 2016 No. 46 s 32

48Effect of charge for serious offence, temporary offender prohibition order or interim sexual offender order

(1)This section applies if, after the relevant commencement, an approved teacher is charged with a serious offence.

Note—

See also section 343 (Effect of serious offence charge before relevant commencement).

(2)This section also applies if an approved teacher is or becomes a relevant excluded person because the teacher is or becomes subject to a temporary offender prohibition order or interim sexual offender order.

(3)The college must, immediately after it becomes aware of the charge or order, suspend the teacher’s registration or permission to teach.

s 48 amd 2008 No. 18 s 51 sch; 2010 No. 5 s 180 ; 2011 No. 39 s 19

49College’s power to suspend if approved teacher poses unacceptable risk of harm to children

The college may suspend an approved teacher’s registration or permission to teach if the college reasonably believes the teacher poses an unacceptable risk of harm to children.

s 49 amd 2016 No. 46 s 33

50Requirement to give notice of suspension

(1)If the college suspends an approved teacher’s registration or permission to teach under this division, the college must immediately give notice of the suspension to the teacher.

(2)For a suspension under section 48, the notice must state the following—

(a)that the teacher’s registration or permission to teach is suspended under section 48;

(b)the reasons for the suspension and the evidence or other material on which the suspension was based;

(c)that QCAT will review the continuation of the suspension to decide whether it is an exceptional case in which the best interests of children would not be harmed if the suspension were ended.

(3)For a suspension under section 49, the notice must state the following—

(a)that the teacher’s registration or permission to teach is suspended under section 49;

(b)the reasons for the college’s decision and the evidence or other material on which the decision was based;

(c)that QCAT will review the continuation of the suspension to decide whether the teacher poses an unacceptable risk of harm to children;

(d)that if QCAT continues the suspension, the college will—

(i)authorise an investigation under section 98; or

(ii)refer a practice and conduct matter to a practice and conduct body, under section 97, about whether a ground for disciplinary action against the teacher is established.

(4)The college must, at the same time as notice of the suspension is given to the teacher, give a copy of the notice to—

(a)the employing authority for, and the principal of, each school at which the teacher is employed; and

(b)QCAT.

(5)The college must refer the continuation of the suspension of an approved teacher to QCAT for review under section 53.

s 50 amd 2009 No. 24 s 179; 2011 No. 39 s 20; 2016 No. 46 s 34

51When suspension takes effect

A suspension of an approved teacher’s registration or permission to teach under this division takes effect on the day notice of the suspension is given to the teacher under section 50.

52When suspension ends

A suspension of an approved teacher’s registration or permission to teach under this division ends when the earliest of the following happens—

(a)QCAT decides, under section 55, 152, 159 or 160, to end the suspension;

(b)the teacher’s registration or permission to teach is cancelled under division 3 or section 160;

(c)if the college authorises an investigation under section 98 of the matter giving rise to a suspension under section 49—

(i)the investigator’s report includes a finding that the matter does not raise a ground for disciplinary action against the approved teacher; and

(ii)the college is reasonably satisfied there is no ground for disciplinary action against the approved teacher.

s 52 amd 2009 No. 24 s 180; 2011 No. 39 s 21; 2016 No. 46 s 35

53Requirement to decide whether to continue suspension under s 48 or 49

(1)QCAT must decide whether to continue the suspension of an approved teacher under section 48 or 49.

(2)The matter is to be decided in QCAT’s original jurisdiction.

(3)QCAT must decide to continue the suspension unless satisfied—

(a)if the decision is about the suspension of an approved teacher under section 48—the matter is an exceptional case in which the best interests of children would not be harmed if the suspension were ended; or

(b)if the decision is about the suspension of an approved teacher under section 49—the teacher does not pose an unacceptable risk of harm to children.

s 53 sub 2009 No. 24 s 181

amd 2016 No. 46 s 36

54QCAT to give notice inviting submissions to approved teacher

(1)QCAT must give the approved teacher a notice inviting the teacher to show, within a stated time, why—

(a)if the notice relates to the review of the suspension of the approved teacher under section 48—the matter is an exceptional case in which the best interests of children would not be harmed if the suspension of the teacher’s registration or permission to teach were ended; or

(b)if the notice relates to the review of the suspension of the approved teacher under section 49—the teacher does not pose an unacceptable risk of harm to children.

(2)The stated time must be not less than 28 days after the notice is given.

(3)The notice must be given to the teacher immediately after QCAT receives, under section 50, a copy of the notice of suspension given to the teacher.

s 54 amd 2009 No. 24 s 182; 2016 No. 46 s 37

55QCAT’s decision about continuation of suspension

(1)After considering any submissions made by the approved teacher within the stated time under section 54, QCAT must decide—

(a)if the review is of the suspension of an approved teacher under section 48—whether it is an exceptional case in which the best interests of children would not be harmed if the suspension were ended; or

(b)if the review is of the suspension of an approved teacher under section 49—whether the teacher does not pose an unacceptable risk of harm to children.

(2)QCAT must order the suspension be ended if—

(a)if the review is of the suspension of an approved teacher under section 48—QCAT is satisfied it is an exceptional case; or

(b)if the review is of the suspension of an approved teacher under section 49—QCAT is satisfied the teacher does not pose an unacceptable risk of harm to children.

(3)QCAT’s decision must be made not later than 14 days after the earlier of the following to happen—

(a)QCAT receives the approved teacher’s submission under section 54;

(b)the stated time under section 54 ends.

(4)If QCAT does not make a decision within the 14 day period under subsection (3), QCAT is taken to have made an order ending the suspension.

(5)QCAT must, as soon as practicable, give notice of its decision to the approved teacher and the college.

(6)The notice must state each of the following—

(a)QCAT’s decision and the reasons for it;

(b)if the decision is that it is not an exceptional case or that the teacher poses an unacceptable risk to children—that the teacher may apply, within 28 days after the notice is given and as otherwise provided under the QCAT Act, to QCAT for a review of QCAT’s decision.

s 55 amd 2009 No. 24 s 183; 2016 No. 46 s 38

55ARequirement for college to refer practice and conduct matter or authorise investigation

If QCAT continues the suspension of the approved teacher under section 49, the college must, as soon as practicable—

(a)if the college reasonably believes the matter forming the basis of the suspension is a ground for disciplinary action against the approved teacher—refer a practice and conduct matter to the relevant practice and conduct body under section 97; or

(b)otherwise—authorise an investigation of the matter forming the basis of the suspension under section 98.

s 55A ins 2016 No. 46 s 39

56Cancellation in particular circumstances

(1)This section applies if, after the relevant commencement, an approved teacher—

(a)is convicted of a serious offence; or

(b)becomes a relevant excluded person.

Note—

See also section 344 (Effect of serious offence conviction before relevant commencement).

(2)The college must, as soon as practicable after it becomes aware of a matter mentioned in subsection (1), cancel the teacher’s registration or permission to teach.

(3)The college must immediately give notice to the teacher of the cancellation.

(4)The notice must state that—

(a)there is no appeal under this Act or the QCAT Act in relation to the cancellation of the teacher’s registration or permission to teach; and

(b)unless subsection (c) applies, the teacher can never be granted registration or permission to teach; and

(c)the teacher can apply for registration or permission to teach if the cancellation of the teacher’s registration or permission to teach was under this section and any of the following apply in relation to the teacher—

(i)the conviction of the teacher for the serious offence is overturned on appeal;

(ii)the decision or order of the court resulting in the teacher becoming a relevant excluded person—

(A)is overturned on appeal; and

(B)was not made in relation to a conviction for a serious offence;

(iii)an eligibility declaration is issued to the teacher under part 1A.

(5)A copy of the notice must be given to the employing authority for, and the principal of, each school at which the teacher is employed.

(6)There is no appeal under this Act or the QCAT Act against the cancellation under this section of the teacher’s registration or permission to teach.

(7)In this section—

appeal includes review.

s 56 amd 2008 No. 18 s 51 sch; 2009 No. 24 s 184; 2010 No. 5 s 181; 2010 No. 41 s 14

sub 2011 No. 39 s 22

57Effect of appeal on cancellation

(1)This section applies if—

(a)the registration or permission to teach of an approved teacher is cancelled by the college under section 56; and

(b)any of the following is appealed—

(i)the conviction of the teacher for the serious offence;

(ii)the decision or order of the court resulting in the teacher becoming a relevant excluded person.

(2)The cancellation remains in effect during the appeal.

(3)The person is no longer an excluded person in relation to the cancellation if—

(a)the conviction is overturned on appeal; or

(b)the decision or order—

(i)is overturned on appeal; and

(ii)was not made in relation to a conviction for a serious offence.

s 57 amd 2008 No. 18 s 51 sch; 2010 No. 5 s 182

sub 2011 No. 39 s 22

59Surrender of registration or permission to teach

An approved teacher may surrender the teacher’s registration or permission to teach by—

(a)returning to the college the teacher’s certificate of registration or certificate of permission to teach; and

(b)giving notice of the surrender to the college.

s 59 amd 2016 No. 46 s 40

60Form of certificate of registration

(1)A certificate of registration must be in the approved form.

(2)The approved form must provide for inclusion of the following—

(a)the registered teacher’s name;

(b)whether the teacher holds full registration or provisional registration;

(c)the teacher’s identification number;

(d)the period of the registration;

(e)the qualifications held by the teacher and—

(i)relied on by the teacher to obtain registration; or

(ii)evidence of which has otherwise been given to the college;

(f)any conditions of the registration.

61Form of certificate of permission to teach

(1)A certificate of permission to teach must be in the approved form.

(2)The approved form must provide for inclusion of the following—

(a)the approved teacher’s name;

(b)the period of the permission to teach;

(c)the teacher’s identification number;

(d)any conditions of the permission to teach.

63Replacing certificate of registration or certificate of permission to teach

(1)An approved teacher may apply to the college for replacement of the teacher’s registration certificate or certificate of permission to teach, if it has been lost, stolen, destroyed or damaged.

(2)The application must be—

(a)in the approved form; and

(b)accompanied by the fee prescribed under a regulation.

(3)The college may decide to grant the application only if it is satisfied the certificate has been lost, stolen, destroyed or damaged in a way to require its replacement.

s 63 (prev s 62) amd 2009 No. 40 s 23

renum 2009 No. 40 s 24

amd 2016 No. 46 s 42

64Requirement to return certificate of registration or permission to teach etc. on suspension or cancellation

(1)This section applies if an approved teacher’s registration or permission to teach is suspended or cancelled by the college or QCAT.

(2)The teacher must, unless the teacher has a reasonable excuse, return the teacher’s certificate of registration or permission to teach to the college within 14 days after receiving notice of the suspension or cancellation.

Maximum penalty—20 penalty units.

s 64 amd 2009 No. 24 s 185; 2016 No. 46 s 43

65College’s power to obtain police information etc. in relation to an approved teacher

(1)For deciding whether an approved teacher is or continues to be suitable to teach, the college may—

(a)ask the commissioner of police for—

(i)a written report containing details of the police information, if any, existing in relation to the teacher; or

(ii)a brief description of the circumstances of a conviction or charge, for an offence, mentioned in the applicant’s criminal history; or

(iii)information about any investigation relating to the possible commission of a serious offence by the applicant; or

(b)ask an interstate commissioner of police for a brief description of the circumstances of—

(i)a conviction of the person for an offence in another State, including an interstate spent conviction of the person; or

(ii)an interstate charge against the person.

(2)Section 15(3) to (7) applies for the request mentioned in subsection (1)(a) as if it were made under section 15(1) or (2).

(3)Section 15A(3) applies for the request mentioned in subsection (1)(b) as if it were made under section 15A(2).

(4)For sections 15(3) and 15A(3), the college’s request may also include a number or date relevant to the teacher’s registration or permission to teach.

(5)Sections 11, 12 and 12A apply for the college’s decision about whether the teacher is or continues to be suitable to teach.

s 65 amd 2009 No. 48 s 51; 2010 No. 5 s 184

66Payment of annual fee by approved teacher

(1)An approved teacher must pay the fee (the annual fee) prescribed under a regulation for keeping the teacher’s registration or permission to teach, for a registration year, before the year starts.

Note—

See also section 314 (Existing registrations).

(3)If the teacher is the holder of a permission to teach, on payment of the annual fee the college must give the teacher a notice stating that the teacher’s name has been retained in the register.

(4)If the teacher does not pay the annual fee as required under subsection (1), the college must give the teacher a notice stating that the teacher’s registration or permission to teach will be cancelled unless the teacher pays the annual fee, plus any fee for late payment prescribed under a regulation, by the day (the due day) stated in the notice.

(5)The due day must be at least 14 days after the notice is given.

(6)If the teacher is given a notice under subsection (4) and fails to pay the amount required under the notice by the due day, the college must—

(a)cancel the teacher’s registration or permission to teach; and

(b)give the teacher notice of the cancellation.

s 66 amd 2016 No. 46 s 44

67Effect of suspension on registration or permission to teach

(1)This section applies if a person’s registration or permission to teach is suspended by the college or QCAT.

(2)During the suspension, the person must not start or continue to teach in a prescribed school.

Maximum penalty—100 penalty units.

(3)At the end of the suspension, the person holds the same registration or permission to teach, and on the same conditions, as the person held it immediately before the suspension.

(4)Subsection (3) applies subject to—

(a)any order to the contrary made by QCAT in relation to the person; and

(b)payment by the person of the annual fee; and

(c)if the period of the person’s registration or permission to teach ends under section 26 or 27 during the suspension—renewal of the registration or permission to teach.

s 67 amd 2009 No. 24 s 186

ch 2A hdg ins 2019 No. 14 s 4

ch 2A pt 1 hdg ins 2019 No. 14 s 4

67AWho may apply for certification

(1)A teacher may apply (the certification application) to the college for certification as—

(a)a highly accomplished teacher; or

(b)a lead teacher.

(2)However, the teacher may make the certification application only if the teacher—

(a)is an Australian citizen or permanent resident; and

(b)holds full registration; and

(c)is employed by an employing authority, prescribed by regulation, for a prescribed school.

(3)In this section—

permanent resident means the holder of a permanent visa within the meaning of the Migration Act 1958 (Cwlth), section 30(1).

s 67A ins 2019 No. 14 s 4

67BRequirements for certification applications

The certification application must—

(a)be in the approved form; and

(b)be accompanied by the fee prescribed by regulation; and

(c)comply with any other requirements prescribed by regulation.

s 67B ins 2019 No. 14 s 4

67CStages of assessment process

(1)The assessment process for the certification application involves—

(a)a first stage (assessment stage 1) during which a preliminary assessment of the application is carried out; and

(b)a second stage (assessment stage 2) during which an assessment of the applicant’s teaching practice is carried out.

(2)However, if the college decides under section 67D that the certification application may not proceed to assessment stage 2, the assessment process for the application ends.

Note—

See also section 67F(3).

(3)A regulation may prescribe requirements or procedures for assessment stage 1 or assessment stage 2.

s 67C ins 2019 No. 14 s 4

67DDecision after assessment stage 1

(1)As soon as practicable after carrying out assessment stage 1, the college must decide whether the certification application may proceed to assessment stage 2.

(2)The college may decide that the certification application may proceed to assessment stage 2 only if satisfied the applicant’s abilities, experience, knowledge and skills meet the requirements stated in the professional standards for the application to proceed to assessment stage 2.

s 67D ins 2019 No. 14 s 4

67ESteps after making decision under s 67D

(1)As soon as practicable after making a decision under section 67D, the college must give the applicant—

(a)notice of the decision; and

(b)a report about the outcome of assessment stage 1.

(2)If the decision is that the certification application may not proceed to assessment stage 2, the notice must be an information notice for the decision.

s 67E ins 2019 No. 14 s 4

67FNotice about intention to proceed to assessment stage 2

(1)This section applies if the college decides that the certification application may proceed to assessment stage 2.

(2)The applicant may give the college notice that the applicant—

(a)wants the certification application to proceed to assessment stage 2; or

(b)does not want the certification application to proceed to assessment stage 2.

(3)Assessment stage 2 is carried out for the certification application only if—

(a)the applicant gives the college notice under subsection (2)(a); and

(b)the notice is accompanied by the fee prescribed by regulation.

s 67F ins 2019 No. 14 s 4

67GDecision after assessment stage 2

(1)As soon as practicable after carrying out assessment stage 2, the college must decide—

(a)for an application for certification as a highly accomplished teacher—to certify, or refuse to certify, the applicant as a highly accomplished teacher; or

(b)for an application for certification as a lead teacher—to certify, or refuse to certify, the applicant as a lead teacher.

(2)The college may decide to certify the applicant as a highly accomplished teacher or lead teacher only if satisfied the applicant has the abilities, experience, knowledge and skills stated in the professional standards for the certification.

s 67G ins 2019 No. 14 s 4

67HSteps after making decision under s 67G

(1)As soon as practicable after making a decision under section 67G, the college must give the applicant—

(a)notice of the decision; and

(b)a report about the outcome of assessment stage 2.

(2)If the decision is to certify the applicant as a highly accomplished teacher or lead teacher, the notice must state the day the certification takes effect.

(3)If the decision is to refuse to certify the applicant as a highly accomplished teacher or lead teacher, the notice must be an information notice for the decision.

s 67H ins 2019 No. 14 s 4

67IDuration of certification

A teacher’s certification under this part as a highly accomplished teacher or lead teacher—

(a)takes effect on the day stated under section 67H(2); and

(b)continues in force for a period of 5 years.

s 67I ins 2019 No. 14 s 4

ch 2A pt 2 hdg ins 2019 No. 14 s 4

67JWho may apply for renewal of certification

(1)This section applies to a teacher who—

(a)is certified under part 1 as a highly accomplished teacher or lead teacher; or

(b)is certified by a certifying entity as a highly accomplished teacher or lead teacher.

(2)The teacher may apply (the renewal application) to the college for renewal of the certification.

(3)However, the renewal application may be made only if the teacher—

(a)holds full registration; and

(b)is employed by an employing authority, prescribed by regulation, for a prescribed school.

(4)The renewal application must be made at least 6 months before the certification stops having effect.

(5)However, the college may accept a renewal application that is not made at least 6 months before the certification stops having effect if—

(a)the application is made at least 4 months before the certification stops having effect; and

(b)the college is reasonably satisfied exceptional circumstances exist in relation to the making of the application.

s 67J ins 2019 No. 14 s 4

67KRequirements for renewal applications

The renewal application must—

(a)be in the approved form; and

(b)be accompanied by the fee prescribed by regulation; and

(c)comply with any other requirements prescribed by regulation.

s 67K ins 2019 No. 14 s 4

67LAssessment process for renewal applications

(1)The assessment process for the renewal application involves an assessment of whether the applicant continues to have the abilities, experience, knowledge and skills stated in the professional standards for the certification.

(2)A regulation may prescribe requirements or procedures for carrying out the assessment.

s 67L ins 2019 No. 14 s 4

67MDecision in relation to renewal application

(1)As soon as practicable after carrying out the assessment under section 67L, the college must decide—

(a)to renew the applicant’s certification; or

(b)to refuse to renew the applicant’s certification.

(2)The college may decide to renew the certification only if satisfied the applicant continues to have the abilities, experience, knowledge and skills stated in the professional standards for the certification.

(3)If the decision is to renew the certification, the certification is renewed for a period of 5 years starting on the day stated under section 67N(2).

(4)However, if the certification was given by a certifying entity, the certification is renewed for this Act only.

s 67M ins 2019 No. 14 s 4

67NSteps after making decision

(1)As soon as practicable after making a decision under section 67M, the college must give the applicant notice of the decision.

(2)If the decision is to renew the certification, the notice must state the day the renewal takes effect.

(3)If the decision is to refuse to renew the certification, the notice must be an information notice for the decision.

s 67N ins 2019 No. 14 s 4

ch 2A pt 3 hdg ins 2019 No. 14 s 4

67OApplication of part

This part applies in relation to—

(a)a certification application; or

(b)a renewal application.

s 67O ins 2019 No. 14 s 4

67PCollege may make information request

(1)Before deciding the application, the college may, by notice given to the applicant (an information request), ask the applicant to give the college, within a stated reasonable period of at least 14 days, further information or a document the college reasonably requires to decide the application.

(2)The applicant may, by notice given to the college before the information request period ends, ask the college to extend the period.

(3)The college must not refuse a reasonable request to extend the information request period.

(4)To remove any doubt, it is declared that the college may give the applicant more than 1 information request.

s 67P ins 2019 No. 14 s 4

67QFailure to comply with information request

The applicant is taken to have withdrawn the application if—

(a)the college gives the applicant an information request; and

(b)the applicant does not comply with the information request within the information request period.

s 67Q ins 2019 No. 14 s 4

ch 2A pt 4 hdg ins 2019 No. 14 s 4

67RCollege must keep records about certification

(1)The college must keep a record of—

(a)teachers whom the college has certified under part 1 as a highly accomplished teacher or lead teacher; and

(b)teachers whose certification has been renewed under part 2.

(2)The record must contain the following details for each teacher—

(a)the name of the teacher;

(b)the day the teacher’s certification took effect;

(c)whether the teacher is certified as a highly accomplished teacher or lead teacher;

(d)the day the teacher’s certification ends.

s 67R ins 2019 No. 14 s 4

68Changes in police information

(1)If there is a change in an approved teacher’s police information, the teacher must immediately disclose to the college the details of the change.

(2)For an approved teacher in relation to whom police information does not exist, there is taken to be a change in the teacher’s police information if the teacher acquires police information.

s 68 sub 2010 No. 5 s 185

69Requirements for disclosure of changes in police information

(1)To comply with section 68(1), the approved teacher must give the disclosure in the approved form.

(2)The information disclosed by the approved teacher about a conviction or charge for an offence in the person’s criminal history must include each of the following—

(a)the existence of the conviction or charge;

(b)when the offence was committed or alleged to have been committed;

(c)details adequate to identify the offence or alleged offence;

(d)for a conviction—

(i)whether or not a conviction was recorded; and

(ii)the sentence imposed on the teacher.

(3)The information disclosed by the approved teacher about the teacher being or becoming a relevant excluded person must include the following information—

(a)that the teacher is or has been a relevant excluded person;

(b)if the teacher is or has been subject to an offender prohibition order—

(i)a brief description of the conduct that gave rise to the order; and

(ii)the duration and details of the order, including whether it is or was a temporary offender prohibition order or final offender prohibition order;

(c)if the teacher is or has been subject to an offender prohibition disqualification order—the duration and details of the disqualification order.

(4)The information disclosed by the approved teacher about the teacher being named as the respondent for an application for an offender prohibition order that was not made, or becoming the subject of an application for an offender prohibition disqualification order that was not made, must include the following information—

(a)that the teacher is or has been named as the respondent for an application for an offender prohibition order, or the subject of an application for an offender prohibition disqualification order, and the order was not made;

(b)the reasons why the application was made;

(c)the reasons why the order was not made;

(d)if the application was for an offender prohibition order and the magistrate or court hearing the application decided not to make an offender prohibition disqualification order for the teacher—the reasons why the offender prohibition disqualification order was not made.

s 69 amd 2010 No. 5 s 186; 2011 No. 39 s 24; 2017 No. 14 s 50 sch 1

70Failure to disclose changes in police information

An approved teacher must not fail to give the college a disclosure required under section 68(1), unless the teacher has a reasonable excuse.

Maximum penalty—100 penalty units.

s 70 amd 2010 No. 5 s 187

71Disclosure of other change in circumstances

(1)An approved teacher must, within 20 business days after a prescribed change in circumstances, give notice to the college stating details of the change in circumstances.

Maximum penalty—10 penalty units.

(2)In this section—

prescribed change in circumstances means a change in the approved teacher’s circumstances, other than a change in police information, of a type prescribed under a regulation.

s 71 amd 2010 No. 5 s 188

72Disclosure about particular changes in teaching status in another State

(1)This section applies if a following event happens to a person who is a registered teacher—

(a)if the person is registered as a teacher in another State—the person’s registration as a teacher in the other State is cancelled or suspended, however described;

(b)if the person is employed as a teacher in another State that does not register teachers—the person’s employment as a teacher in the other State is terminated because the person’s employer was satisfied the person was not competent or suitable to be employed as a teacher.

(2)The person must give notice of the event to the college within 7 days after the event happens.

Maximum penalty—40 penalty units.

(3)The notice must disclose the circumstances of the event that gave rise to the cancellation or suspension of registration or the termination of employment.

73Definition for div 3

In this division—

relevant teacher, of a prescribed school, means a person who is or was an approved teacher teaching at the school.

74Meaning of prescribed school

(1)Any of the following is a prescribed school—

(a)a State school or non-State school;

(b)another institution or place, or part of an institution or place, at which an educational program is offered that is based on—

(i)the national curriculum developed and administered by the Australian Curriculum, Assessment and Reporting Authority under the Australian Curriculum, Assessment and Reporting Authority Act 2008 (Cwlth); or

(ii)a syllabus developed, revised or purchased for a senior subject or P–10 subject by the Queensland Curriculum and Assessment Authority under the Education (Queensland Curriculum and Assessment Authority) Act 2014.

(2)Subsection (3) applies if—

(a)a child is registered or provisionally registered for home education under the Education (General Provisions) Act 2006; and

(b)the home education is being provided by 1 or both of the child’s parents.

(3)An institution or place mentioned in subsection (1)(b) does not include the child’s usual place of residence.

s 74 amd 2006 No. 39 s 512 (1)–(2) schs 1–2; 2008 No. 1 s 6; 2014 No. 3 s 114 sch 1 pt 2

75Commissioner of police must notify changes in police information

(1)This section applies if—

(a)police information about a person changes because of any of the following (the relevant event)—

(i)the person’s criminal history changes;

(ii)the person becomes, or is no longer, a relevant excluded person;

(iii)the person is named as the respondent for an application for an offender prohibition order;

(iv)the person becomes subject to an application for an offender prohibition disqualification order; and

(b)the commissioner of police reasonably suspects the person—

(i)is an approved teacher; or

(ii)was an approved teacher when the act or omission leading to the relevant event happened.

(2)The commissioner of police must notify the college of the relevant event.

(3)The notice must state the following—

(a)the person’s personal information;

(b)if the person’s criminal history has changed—

(i)the offence the person is charged with or convicted of; and

(ii)particulars of the offence; and

(iii)the date of the charge or conviction;

(c)if the person has become a relevant excluded person—

(i)that the person has become a relevant excluded person; and

(ii)if the person has become subject to an offender prohibition order—

(A)a brief description of the conduct that gave rise to the order; and

(B)the duration and details of the order, including whether it is or was a temporary offender prohibition order or final offender prohibition order; and

(iii)if the person has become subject to an offender prohibition disqualification order—the duration and details of the disqualification order;

(d)if the person is named as the respondent for an application for an offender prohibition order, or becomes subject to an application for an offender prohibition disqualification order—

(i)the reasons why the application was made; and

(ii)if the magistrate or court hearing the application for the order decides not to make the order—the reasons why the order is not made; and

(iii)if the application was for an offender prohibition order and the magistrate or court hearing the application decides not to make an offender prohibition disqualification order for the person—the reasons why the offender prohibition disqualification order is not made.

(4)The college may confirm the suspicions of the commissioner of police under subsection (1).

(5)The commissioner of police’s obligation to comply with this section applies only to information in the possession of the commissioner or to which the commissioner has access.

(6)On receiving a notice under subsection (2) about the person, the college may write to the person to inform the person of their obligation under section 68(1).

(7)The Criminal Law (Rehabilitation of Offenders) Act 1986 does not apply to the giving of a notification under subsection (2).

(8)To remove any doubt, it is declared that, despite the Youth Justice Act 1992, part 9, the commissioner of police may disclose information to which that part applies to the college under subsection (2).

(9)In this section—

personal information, for a person, means the following—

(a)the person’s name and address, or any other name the commissioner of police believes that the person may use or may have used;

(b)the person’s gender and place and date of birth.

s 75 amd 2010 No. 5 s 189 ; 2011 No. 39 s 25; 2017 No. 14 s 50 sch 1

76Requirement for employing authority to notify college about particular allegations

(1)This section applies if the employing authority for a prescribed school deals with an allegation of harm caused, or likely to be caused, to a child because of the conduct of a relevant teacher of the prescribed school.

(2)The employing authority must, as soon as practicable after starting to deal with the allegation, give notice to the college of that fact.

Maximum penalty—40 penalty units.

Note—

If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 228, to have also committed the offence.

(3)The notice must include the following—

(a)the name of the employing authority and, if the name of the authority is different to the name of the prescribed school, the name of the prescribed school;

(b)the name of the relevant teacher;

(c)the day the employing authority started dealing with the allegation;

(d)the allegation, particulars of the allegation and any other relevant information;

(e)details about what actions the employing authority has taken to deal with the allegation.

(4)For subsection (1), an employing authority deals with an allegation if the employing authority takes action in relation to the allegation, including by—

(a)investigating, inquiring into, or examining the allegation; or

(b)referring the allegation to another entity to investigate, inquire into, examine or otherwise deal with.

s 76 amd 2013 No. 51 s 229 sch 1; 2016 No. 46 s 45

77Requirement for employing authority to notify college about outcome of particular allegations

(1)This section applies if the employing authority for a prescribed school starts to deal with an allegation mentioned in section 76(1).

(2)The employing authority must, as soon as practicable after the employing authority stops dealing with the allegation for any reason, give notice to the college of the outcome of the employing authority’s dealing with the allegation.

Maximum penalty—40 penalty units.

Note—

If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 228, to have also committed the offence.

(3)The notice must include the following—

(a)the name of the employing authority and, if the name of the authority is different to the name of the prescribed school, the name of the prescribed school;

(b)the name of the relevant teacher;

(c)the day the employing authority stopped dealing with the allegation;

(d)the allegation, particulars of the allegation and any other relevant information;

(e)the findings made by the employing authority;

(f)the outcome of the employing authority’s dealing with the allegation and any reasons for the outcome;

(g)if relevant, the employing authority’s decision and the reasons for the authority’s decision.

s 77 sub 2010 No. 41 s 16

amd 2013 No. 51 s 229 sch 1; 2016 No. 46 s 46

78Requirement for employing authority to notify college about certain dismissals

(1)This section applies if—

(a)an employing authority for a prescribed school dismisses a relevant teacher of the prescribed school in circumstances that, in the opinion of the employing authority, call into question the teacher’s competency to be employed as a teacher; and

(b)a notice is not required to be given under sections 76 and 77.

(2)The employing authority must, within 14 days after the day notice of the dismissal was given to the teacher, give notice of the dismissal to the college.

Maximum penalty—40 penalty units.

Note—

If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 228, to have also committed the offence.

(3)The notice must include the following—

(a)the name of the employing authority and, if the name of the authority is different to the name of the prescribed school, the name of the prescribed school;

(b)the name of the relevant teacher;

(c)the day notice of the dismissal was given to the relevant teacher and the day the dismissal takes or took effect;

(d)the reasons given by the employing authority for the dismissal.

s 78 amd 2010 No. 41 s 17; 2013 No. 51 s 229 sch 1

79College may request information from principal

(1)The college may, by notice, require the principal of a prescribed school to give the college reports and returns, in the approved form, about approved teachers teaching at the prescribed school.

(2)The principal must comply with the notice.

Maximum penalty—20 penalty units.

80Requirement for prosecuting authority to notify college about committal, conviction etc.

(1)This section applies if—

(a)a person is charged with an indictable offence; and

(b)the commissioner of police or the director of public prosecutions (a prosecuting authority) believes, on reasonable grounds, that the person is an approved teacher or was, at the time the offence is alleged to have been committed, an approved teacher.

(2)If the person is committed for trial for an indictable offence, the prosecuting authority must, within 7 days after the committal, give notice to the college stating the following—

(a)the name of the person;

(b)the court in which the person was committed;

(c)the offence of which the person was committed and particulars of the offence;

(d)the date of the committal.

(3)If the person is convicted of the indictable offence, the prosecuting authority must, within 7 days after the conviction, give notice to the college stating the following—

(a)the name of the person;

(b)the court in which the person was convicted;

(c)the offence of which the person was convicted and particulars of the offence;

(d)the date of the conviction;

(e)the penalty imposed by the court.

(4)If the prosecution process ends without the person being convicted of the indictable offence for which the person was charged, the prosecuting authority must, within 7 days after the prosecution process ending, give notice to the college stating each of the following—

(a)the name of the person;

(b)if relevant—the court in which the prosecution process ended;

(c)the offence of which the person was charged and particulars of the offence;

(d)the date the prosecution process ended;

(e)the way in which the prosecution process ended under subsection (5).

(5)For subsection (4), a prosecution process ends if—

(a)the person is acquitted; or

(b)there is a mistrial; or

(c)the prosecuting authority decides not to continue the prosecution; or

Examples of how paragraph (c) might apply—

•the prosecuting authority offers no evidence and the person is not committed for trial

•a no true bill is presented to a court

•a nolle prosequi is presented to a court

(d)the prosecution process has otherwise ended.

(6)A prosecuting authority must give a notice under subsection (3) or (4) even though a notice was given under subsection (2).

s 80 amd 2009 No. 40 s 25; 2011 No. 39 s 26; 2016 No. 46 s 47

81Protection from liability for employing authorities giving required notices

(1)This section applies if an employing authority for a prescribed school gives a notice as required under this division.

(2)The employing authority is not liable, civilly, criminally or under an administrative process, for disclosing information contained in the notice.

(3)Without limiting subsection (2)—

(a)in a proceeding for defamation, the employing authority has a defence of absolute privilege for publishing the disclosed information; and

(b)if the employing authority would otherwise be required to maintain confidentiality about the disclosed information under an Act, oath, rule of law or practice—the employing authority does not contravene the requirement by disclosing the information.

82Only approved teachers may be employed as teachers

(1)The employing authority for a prescribed school must not employ a person as a teacher in the prescribed school unless the person is an approved teacher.

Maximum penalty—200 penalty units.

Note—

If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 228, to have also committed the offence.

(2)The employing authority for a prescribed school must not allow an approved teacher to teach in the prescribed school if the person’s registration or permission to teach is suspended by the college or QCAT.

Maximum penalty—200 penalty units.

Note—

If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 228, to have also committed the offence.

s 82 amd 2009 No. 24 s 187; 2013 No. 51 s 229 sch 1

83Requirement to hold registration, or permission to teach, in schools

(1)A person who is not an approved teacher must not teach in a prescribed school.

Maximum penalty—100 penalty units.

(2)A person who is not a registered teacher must not supervise, or assess the work of, a teacher or student teacher in a prescribed school.

Maximum penalty—100 penalty units.

s 83 prov hdg amd 2010 No. 5 s 190

84Offence to misrepresent nature of registration or permission to teach

(1)A person who holds provisional registration must not claim, or hold himself or herself out, to hold full registration.

Maximum penalty—100 penalty units.

(2)A person who holds permission to teach must not claim, or hold himself or herself out, to hold registration.

Maximum penalty—100 penalty units.

(3)An approved teacher whose registration or permission to teach is subject to a condition must not claim, or hold himself or herself out, to hold registration or permission to teach that is not subject to conditions.

Maximum penalty—100 penalty units.

85False or misleading information

(1)A person must not give relevant information to the college that the person knows is false or misleading in a material particular.

Maximum penalty—50 penalty units.

(2)For this section—

relevant information means information a person is required or permitted under this Act to give the college.

Examples—

•information in an application for registration or permission to teach, or renewal of registration or permission to teach

•information disclosed to the college under part 1

86False, incomplete or misleading documents

(1)A person must not give to the college a document containing information the person knows is false, incomplete or misleading in a material particular.

Maximum penalty—50 penalty units.

(2)Subsection (1) does not apply to a person who, when giving the document—

(a)informs the college of the extent to which the document is false, incomplete or misleading; and

(b)gives the correct information to the college if the person has, or can reasonably obtain, the correct information.

87Making a complaint

(1)A person may make a complaint to the college alleging a ground for disciplinary action exists against a person who—

(a)is an approved teacher; or

(b)was an approved teacher when the conduct giving rise to the complaint happened.

(2)The complaint must—

(a)be in writing; and

(b)contain particulars of the allegation.

88College may require further information or statutory declaration

(1)The college may, by notice, ask the complainant to give the college further information about the complaint within the reasonable time stated in the notice.

(2)Also, the college may require the complainant to verify the complaint or further information by statutory declaration.

89Refusal to deal with complaint

(1)The college may refuse to deal with a complaint if the college reasonably believes—

(a)the complaint, if proved, would not establish a ground for disciplinary action against the person who is the subject of the complaint; or

(b)the complaint is trivial, unreasonable or without substance; or

(c)the complaint concerns frivolous matter or was made vexatiously; or

(d)the complaint is based on an allegation that could more appropriately be dealt with by another entity; or

(e)the complaint is based on an allegation that has already been adequately dealt with by the college or another entity; or

(f)having regard to the length of time that has elapsed since the matter complained of happened, it is not practicable for the college to deal with the complaint.

(2)Also, the college may refuse to deal with the complaint if the complainant refuses, without a reasonable excuse, to—

(a)provide further information reasonably required by the college to decide whether to deal with the complaint; or

(b)comply with a requirement of the college under section 88(2).

(3)The college may not refuse to deal with a complaint under subsection (1)(f) if—

(a)the person who is the subject of the complaint is an approved teacher; and

(b)the college reasonably believes the complaint is based on an allegation that, if proved, would establish a ground for suspending or cancelling the person’s registration or permission to teach under chapter 2, part 6.

(4)If the college refuses to deal with a complaint, the college must—

(a)as soon as practicable, give notice of its decision to the complainant; and

(b)keep a record about the complaint and the college’s refusal to deal with the complaint.

(5)A practice and conduct body may, for the purpose of taking disciplinary action against the person who is the subject of the complaint, have regard to the making of a complaint about the person, even if the college refuses to deal with the complaint.

s 89 amd 2016 No. 46 s 48

90How a complaint must be dealt with

If the college does not refuse to deal with a complaint under section 89, it must—

(a)start disciplinary proceedings in relation to the complaint under section 97; or

(b)authorise an investigation of the complaint under section 98.

ch 5 hdg sub 2016 No. 46 s 49

92Grounds for disciplinary action

(1)Each of the following is a ground for disciplinary action against a relevant teacher—

(b)the relevant teacher has been convicted of an indictable offence that is not a serious offence, or an offence against this Act, except if, in relation to the conviction, the teacher becomes a relevant excluded person;

Note—

See section 56 for action that may be taken against an approved teacher who becomes a relevant excluded person.

(d)both of the following apply—

(i)the teacher is incompetent in performing the work of a teacher;

(ii)the teacher is dismissed, or resigns, from employment in Queensland as a teacher in circumstances that, in the opinion of the teacher’s employer, call into question the teacher’s competency in performing the work of a teacher;

(e)if the teacher was registered as a teacher in another State—the teacher’s registration in the State was cancelled or suspended;

(f)if the teacher was employed as a teacher in another State that does not register teachers—the teacher’s employment as a teacher in the State was terminated because the teacher’s employer was reasonably satisfied the teacher was not competent or suitable to be employed as a teacher;

(g)the teacher did not possess or no longer possesses the qualifications and experience relied on by the teacher to obtain registration or permission to teach;

(h)the person behaves in a way, whether connected with the teaching profession or otherwise, that does not satisfy the standard of behaviour generally expected of a teacher;

(i)the teacher fails to comply with a lawful demand made under this Act by the college, an investigator or a practice and conduct body;

(j)the teacher contravenes—

(i)an order made under this Act by the college or a practice and conduct body; or

(ii)a practice and conduct agreement.

(2)The ground for disciplinary action mentioned in subsection (1)(h) is taken to apply to a relevant teacher whose registration or permission to teach is suspended under section 48 if any of the following applies—

(a)the teacher has been charged with a serious offence and the charge has been dealt with;

(b)the teacher has been charged with a serious offence and the teacher is convicted of an offence other than an indictable offence;

(c)the teacher is or becomes subject to a temporary offender prohibition order or interim sexual offender order.

(3)The object of subsection (2) is to ensure the circumstances of the change are examined by a practice and conduct body.

(4)Subsection (2) does not limit the application of subsection (1)(h).

(5)In this section—

dealt with, in relation to a charge against a relevant teacher for a serious offence, means any of the following—

(a)the relevant teacher is acquitted of the charge;

(b)the charge has been withdrawn or dismissed;

(c)a nolle prosequi or no true bill is presented in relation to the charge.

s 92 amd 2008 No. 18 s 51 sch; 2010 No. 5 s 191; 2011 No. 39 s 27; 2016 No. 46 s 51

93Practice and conduct matters

Each of the following is a practice and conduct matter—

(a)a PC&TC matter;

(b)a general matter.

s 93 amd 2011 No. 39 s 28

sub 2016 No. 46 s 52

95PC&TC matters

(1)A matter involving a ground for disciplinary action mentioned in any of paragraphs (b) to (j) of section 92(1) is a PC&TC matter if—

(a)both of the following apply—

(i)the college reasonably believes, when it starts practice and conduct proceedings in relation to the matter, that minor disciplinary action is likely to be appropriate;

(ii)the teacher is not a relevant teacher mentioned in section 92(2); or

(b)the college authorises an investigation of the matter under section 98 and the investigator’s report includes a finding that there is 1 or more grounds for disciplinary action against the relevant teacher.

(2)In this section—

minor disciplinary action means—

(a)issuing a warning or reprimand to a relevant teacher; or

(b)accepting an undertaking from a relevant teacher.

s 95 amd 2011 No. 39 s 30; 2016 No. 46 s 53

96General matters

A matter involving a ground for disciplinary action mentioned in any of paragraphs (b) to (j) of section 92(1) is a general matter if it is not a PC&TC matter.

s 96 amd 2016 No. 46 s 54

ch 5 pt 1 div 2 hdg amd 2016 No. 46 s 55

96AMeaning of interstate information for division

In this division—

interstate information does not include information disclosed by a person to the college as required under chapter 3, part 1 even if the information is also disclosed to the college by the commissioner of police or an interstate commissioner.

s 96A ins 2016 No. 46 s 56

97Requirement for college to start practice and conduct proceedings

(1)If the college reasonably believes, other than on the basis of interstate information, that 1 or more grounds for disciplinary action against a relevant teacher exist, the college must refer the matter to the practice and conduct body stated in subsection (2).

(2)The practice and conduct body to which the matter must be referred is—

(a)for a general matter—QCAT; or

(b)for a PC&TC matter—the PC&TC committee.

(3)However, subsection (1) does not apply to a matter in relation to which the college and the relevant teacher have entered into a practice and conduct agreement.

(4)If a matter is referred to QCAT—

(a)the college must inform QCAT about the grounds for the practice and conduct matter and the facts and circumstances forming the basis for the grounds; and

(b)QCAT must conduct a hearing and make decisions about the practice and conduct matter referred to QCAT having regard to the information provided by the college.

s 97 amd 2009 No. 24 s 188; 2010 No. 5 s 192; 2011 No. 39 s 30A; 2016 No. 46 s 57

98College may authorise investigation

(1)This section applies if the college reasonably believes, other than on the basis of interstate information, that a ground for disciplinary action against a relevant teacher may exist.

(2)The college may authorise an investigation of the matter.

(3)However, the college may authorise an investigation in relation to a former approved teacher only if—

(a)the college is satisfied it is in the public interest for the investigation to be conducted; and

(b)the ground arose while the person was an approved teacher.

(4)If the college authorises an investigation of the matter and appoints an investigator, the college must as soon as practicable give the relevant teacher notice of the investigation.

(5)The notice must state each of the following—

(a)if the investigation relates to a complaint—the nature of the complaint;

(b)if the investigation does not relate to a complaint—the grounds forming the basis of the investigation;

(c)that the teacher may make a submission to the investigator about the matter and how a submission may be made.

(6)However, the college need not give the teacher the notice if the college reasonably believes doing so may—

(a)seriously prejudice the investigation; or

(b)place at risk the wellbeing of vulnerable persons; or

(c)place the complainant or another person at risk of harassment or intimidation.

s 98 amd 2016 No. 46 s 58

99Proceedings for an offence not prevented by practice and conduct proceedings

(1)This section applies if a ground for disciplinary action against a relevant teacher involves the commission of an offence against this Act.

(2)Starting practice and conduct proceedings against the teacher does not prevent a proceeding being taken or continued for the offence.

s 99 amd 2016 No. 46 s 59

ch 5 pt 2 hdg prev pt 2 hdg amd 2009 No. 24 s 189

om 2011 No. 39 s 30B

pres pt 2 hdg ins 2016 No. 46 s 60

100Application of part

(1)This part applies if, in relation to a PC&TC matter, the college and the relevant teacher agree—

(a)a ground for disciplinary action against the teacher exists; and

(b)on the disciplinary action to be taken against the teacher in relation to the matter.

(2)However, this part does not apply if the college reasonably believes the relevant teacher may have an impairment that may have caused, or contributed to, behaviour of the relevant teacher that is the basis for the practice and conduct proceedings.

s 100 prev s 100 sub 2009 No. 24 s 190

om 2011 No. 39 s 30B

pres s 100 ins 2016 No. 46 s 60

101College may enter into practice and conduct agreement with relevant teacher

(1)The college may, if it considers it appropriate in the circumstances and with the written consent of the relevant teacher, enter into an agreement (a practice and conduct agreement) with the teacher to do 1 or more of the following—

(a)not take further action against the teacher;

(b)issue a warning or reprimand to the teacher;

(c)impose conditions on the teacher’s registration or permission to teach.

(2)In deciding whether it would be appropriate to enter into a practice and conduct agreement, the college must have regard to the following considerations—

(a)primarily, the welfare and best interests of children;

(b)the objects of this Act;

(c)the circumstances of the case and the seriousness of the matter.

(3)As soon as practicable after making its decision, the college must give the teacher notice of the decision and the reasons for it.

(4)A practice and conduct agreement is binding on the college and the relevant teacher.

s 101 prev s 101 amd 2009 No. 24 s 191

om 2011 No. 39 s 30B

pres s 101 ins 2016 No. 46 s 60

ch 5 pt 3 hdg amd 2009 No. 24 s 195; 2016 No. 46 s 61

105Application of pt 3

This part applies in relation to—

(a)a general matter referred to QCAT by the college under section 97; or

(b)a PC&TC matter referred to QCAT by the PC&TC Committee under chapter 6, part 1.

s 105 sub 2009 No. 24 s 196

amd 2016 No. 46 s 62

106QCAT may authorise investigation

(1)QCAT may, before considering the matter, authorise an investigation into the matter if it reasonably believes further information is required to decide the matter.

(2)If QCAT authorises an investigation under subsection (1)—

(a)QCAT must, as soon as practicable, give the college a notice stating each of the following—

(i)the name of the relevant teacher;

(ii)if the investigation relates to a complaint—the nature of the complaint;

(iii)if the investigation does not relate to a complaint—the grounds forming the basis of the investigation;

(iv)any other information relevant to the investigation that is held by QCAT; and

(b)the college must arrange for the matter to be investigated as soon as practicable after receiving the notice.

s 106 amd 2009 No. 24 s 197

107Application of ch 6, pt 2, div 2

Chapter 6, part 2, division 2, applies to the hearing and making of decisions about the matter by QCAT.

s 107 amd 2009 No. 24 s 198

ch 5 pt 4 hdg amd 2016 No. 46 s 63

108Application of pt 4

This part applies if—

(a)the college refers a PC&TC matter to the PC&TC committee under section 97; or

(b)the college authorises an investigation of a practice and conduct matter under section 98 and the PC&TC committee receives the investigator’s report about the matter.

Note—

See section 201 (Investigator’s report).

s 108 amd 2016 No. 46 s 64

108APC&TC committee may take no further action

(1)If, after considering an investigator’s report mentioned in section 108(b), the PC&TC committee reasonably believes no ground for disciplinary action against the relevant teacher has been established, the committee may decide to take no further action in relation to the matter.

(2)If the committee decides to take no further action in relation to the matter, the committee must, as soon as practicable after making its decision, give notice of the decision and the reasons for it to—

(a)the teacher; and

(b)if the disciplinary matter originated from a complaint—the complainant.

s 108A ins 2016 No. 46 s 65

109PC&TC committee may authorise investigation

The PC&TC committee may, before considering the matter, authorise an investigation into the matter if it reasonably believes further information is required to decide the matter.

s 109 amd 2016 No. 46 s 66

110Notice to be given to college if PC&TC committee authorises investigation

If the PC&TC committee authorises an investigation under section 109—

(a)the committee must, as soon as practicable, give the college a notice stating each of the following—

(i)the name of the relevant teacher;

(ii)if the investigation relates to a complaint—the nature of the complaint;

(iii)if the investigation does not relate to a complaint—the grounds forming the basis of the investigation;

(iv)any other information relevant to the investigation that is held by the committee; and

(b)the college must arrange for the matter to be investigated as soon as practicable after receiving the notice.

s 110 amd 2009 No. 40 s 26; 2016 No. 46 s 67

111Application of ch 6, pt 1, div 2

Chapter 6, part 1, division 2, applies to the PC&TC committee dealing with the matter.

s 111 amd 2016 No. 46 s 68

111APC&TC committee may refer matter to QCAT

(1)This section applies if the PC&TC committee reasonably believes that, in relation to a matter mentioned in section 108—

(a)a ground for disciplinary action against a relevant teacher may exist; and

(b)if the ground is established—

(i)for an approved teacher—disciplinary action mentioned in section 160(2)(d) to (h) or (j) should be taken against the teacher; or

(ii)for a former approved teacher—disciplinary action mentioned in section 161(2)(b) or (c) should be taken against the teacher.

(2)The PC&TC committee may refer the matter to QCAT without—

(a)authorising an investigation into the matter; or

(b)hearing the matter.

s 111A ins 2009 No. 40 s 27

amd 2011 No. 39 s 30C; 2016 No. 46 s 69

112Reporting of offences

(1)This section applies if the college or QCAT becomes aware, or reasonably suspects, that information before it discloses an offence.

(2)The chairperson of the board or the President of QCAT may—

(a)report the offence to 1 or more of the following persons—

(i)the commissioner of police;

(ii)the Crime and Corruption Commission;

(iii)the chief executive; and

(b)make available to the person or persons all relevant information held by the college or QCAT.

(3)To remove any doubt, it is declared that in subsection (1), a reference to other information does not include interstate information.

s 112 amd 2009 No. 48 s 53; 2009 No. 24 s 199; 2014 No. 21 s 94 (2) sch 2; 2016 No. 46 s 70

ch 6 hdg amd 2009 No. 24 s 200

sub 2016 No. 46 s 71

ch 6 pt 1 hdg amd 2016 No. 46 s 72

113Establishment

The college must establish a committee called the Professional Capacity and Teacher Conduct Committee.

s 113 amd 2016 No. 46 s 73

114Membership

(1)Generally, the PC&TC committee must consist of 3 members of the board, of which—

(a)2 must be registered teachers; and

(b)1 must not be a registered teacher.

(2)However, for the hearing of a practice and conduct matter involving an impairment of the relevant teacher, the committee must include an additional member who is—

(a)a registered health practitioner; and

(b)listed on the health practitioner panel.

(3)The college must appoint 1 of the committee members to be the committee’s chairperson.

s 114 sub 2016 No. 46 s 74

115Functions of PC&TC committee

(1)The functions of the PC&TC committee, in relation to a relevant practice and conduct matter, are as follows—

(a)to authorise an investigation into the matter;

(b)to make an order, under division 2, for a relevant teacher to undergo a health assessment;

(c)to refer the matter to QCAT with or without—

(i)authorising an investigation into the matter; or

(ii)hearing the matter;

(d)to hear and decide the matter with or without authorising an investigation into the matter.

(2)In this section—

relevant practice and conduct matter means a practice and conduct matter—

(a)referred to the PC&TC committee by the college under section 97; or

(b)for which the college authorised an investigation under section 98 and the investigator’s report has been given to the PC&TC committee.

s 115 amd 2009 No. 24 s 201; 2009 No. 40 s 28; 2016 No. 46 s 75

ch 6 pt 1 div 2 hdg sub 2016 No. 46 s 76

116PC&TC committee may conduct disciplinary proceedings by hearing or on correspondence

(1)The PC&TC committee may conduct practice and conduct proceedings by hearing or on correspondence.

(2)However, the proceedings may not be conducted on correspondence if the relevant teacher requires the proceedings be conducted by hearing by giving the committee a notice mentioned in section 118(2)(c)(i).

(3)Also, if the committee has ordered that the relevant teacher undergo a health assessment under section 119A, the committee must not conduct the proceedings before the committee receives the health assessment report in relation to the assessment.

s 116 amd 2016 No. 46 s 77

117Procedure for hearing by PC&TC committee

(1)If the PC&TC committee decides to conduct practice and conduct proceedings by hearing, the hearing must be closed to the public.

(2)The committee must decide the matter in the way it considers appropriate, but must—

(a)observe natural justice; and

(b)act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues.

(3)The committee—

(a)is not bound by the rules of evidence; and

(b)may inform itself in the way, and to the extent, the committee considers appropriate; and

(c)may decide the procedures to be followed for the proceedings; and

(d)may receive evidence on oath or by statutory declaration.

(4)The chairperson of the committee, or a member of the committee permitted by the chairperson, may administer an oath to a person appearing before the committee.

s 117 amd 2016 No. 46 s 78

118Notice of intention to conduct practice and conduct proceedings by correspondence

(1)If the PC&TC committee decides to conduct practice and conduct proceedings by correspondence, it must give notice about its intention to conduct the proceedings by correspondence to—

(a)the relevant teacher; and

(b)if the practice and conduct proceedings originated from a complaint—the complainant.

(2)The notice must state the following—

(a)the ground for the disciplinary action against the relevant teacher;

(b)the facts and circumstances forming the basis for the ground;

(c)that the relevant teacher may do either of the following within a period stated in the notice—

(i)give the committee a notice requiring the committee to conduct the proceedings by hearing;

(ii)give the committee a written submission about the ground;

(d)that, even if the teacher does not give a notice or make a submission mentioned in paragraph (c), the committee may—

(i)continue the practice and conduct proceedings; and

(ii)make a decision about whether the ground for disciplinary action is established.

(3)The period for giving a notice or making a submission stated in the notice under subsection (2)(c) must be at least 14 days after the relevant teacher is given the notice.

s 118 amd 2016 No. 46 s 79

119Substituted service on relevant teacher or complainant

(1)The PC&TC committee may order substituted service of a notice under section 118 on the relevant teacher or the complainant (if any), if the committee is satisfied service can not be effected on the person.

(2)Substituted service may be effected in any way ordered, including, for example, by facsimile or telephone.

(3)If the relevant teacher or complainant is served with a notice as ordered by the committee under subsection (1), the notice is taken to have been given to the person under section 118.

s 119 amd 2016 No. 46 s 80

119APC&TC committee may require health assessment

(1)This section applies if, before or during practice and conduct proceedings—

(a)the PC&TC committee reasonably believes—

(i)the relevant teacher may have an impairment; and

(ii)the impairment may have caused or contributed to behaviour of the relevant teacher that is the basis for the practice and conduct proceedings; and

(b)the relevant teacher consents to undergoing a health assessment.

(2)The committee may, by notice given to the teacher, require the teacher to undergo a health assessment conducted by a registered health practitioner at a reasonable time and place.

(3)The committee may appoint a registered health practitioner to conduct the assessment only if—

(a)the practitioner is included on the health practitioner panel; and

(b)the practitioner is not a member of the committee; and

(c)the committee is reasonably satisfied the practitioner has the necessary qualifications, expertise or experience.

(4)The notice must state each of the following—

(a)the reasons for the health assessment;

(b)the name and qualifications of the registered health practitioner appointed by the committee to conduct the assessment;

(c)the place where, and the day and time at which, the assessment is to be conducted.

(5)The relevant teacher must not fail, without reasonable excuse—

(a)to attend as required by the notice; and

(b)to continue to attend as required by the registered health practitioner conducting the health assessment until excused from further attendance; and

(c)to cooperate with the registered health practitioner in the conduct of the health assessment.

(6)The cost of the assessment must be met by the college.

s 119A ins 2016 No. 46 s 81

119BHealth assessment report

(1)A registered health practitioner conducting a health assessment of a relevant teacher must prepare a report about the assessment (a health assessment report).

(2)The health assessment report must include—

(a)the registered health practitioner’s findings as to whether the relevant teacher has an impairment; and

(b)if the registered health practitioner finds that the relevant teacher has an impairment—

(i)the nature, and extent of, the impairment; and

(ii)whether the impairment caused, or contributed to, behaviour that is the basis of the practice and conduct proceedings.

(3)If the registered health practitioner finds that the relevant teacher has an impairment, the health assessment report may also include the practitioner’s assessment of any adverse impact the impairment has, or is likely to have, on the teacher’s ability to practise as a teacher.

s 119B ins 2016 No. 46 s 81

120PC&TC committee may require other information

(1)For conducting practice and conduct proceedings by correspondence, the PC&TC committee may, by notice given to the relevant teacher or another person, require the relevant teacher or other person to give the committee information, including a document, relevant to the practice and conduct proceedings.

(2)If a document is given to the committee under subsection (1), the committee may make a copy of, or take an extract from, it.

s 120 amd 2016 No. 46 s 82

121Power of PC&TC committee to continue practice and conduct proceedings without receiving relevant teacher’s submission

(1)This section applies if the relevant teacher does not—

(a)make a written submission about the ground for disciplinary action as stated in a notice given to the relevant teacher by the PC&TC committee under section 118; or

(b)give information as required under section 120.

(2)The committee may—

(a)continue the practice and conduct proceedings; and

(b)make a decision about whether the ground for disciplinary action is established.

s 121 amd 2016 No. 46 s 83

121APower of PC&TC committee to continue practice and conduct proceedings in absence of relevant teacher

At a hearing, a PC&TC committee may proceed in the absence of the relevant teacher the subject of the practice and conduct proceedings if the committee reasonably believes the relevant teacher has been given notice of the hearing.

s 121A ins 2016 No. 46 s 84

122Offence for failing to give information and protection against self-incrimination

(1)A person given a notice under section 120 must not fail, without a reasonable excuse, to give the PC&TC committee the information the person is required to give by the notice.

Maximum penalty—60 penalty units.

(2)For subsection (1), it is a reasonable excuse for an individual to fail to give information, if giving the information might tend to incriminate the individual.

(3)An individual is not required to produce to the PC&TC committee a document or thing, or answer a question asked by the committee, if producing the document or thing or answering the question might tend to incriminate the individual.

s 122 amd 2016 No. 46 s 85

123Disciplinary action by PC&TC committee

(1)This section applies if, after conducting practice and conduct proceedings by hearing or on correspondence, the PC&TC committee reasonably believes a ground for disciplinary action against the relevant teacher has been established.

(2)The committee may, as it considers it appropriate in the circumstances, decide to do 1 or more of the following—

(a)not take further action against the teacher;

(b)refer the matter to QCAT if the committee believes—

(i)for an approved teacher—disciplinary action mentioned in section 160(2)(d) to (h) or (j) should be taken against the teacher; or

(ii)for a former approved teacher—disciplinary action mentioned in section 161(2)(b) or (c) should be taken against the teacher;

(c)issue a warning or reprimand to the teacher;

(d)impose conditions on, or amend or remove conditions imposed by the committee on, the teacher’s registration or permission to teach;

(e)make an order that a particular notation or endorsement about the teacher be entered in the register;

(f)accept an undertaking from the teacher.

(3)In making its decision, the committee must have regard to the following considerations—

(a)primarily, the welfare and best interests of children;

(b)the objects of this Act;

(c)the circumstances of the case and the seriousness of the matter;

(d)if the committee ordered a health assessment of the relevant teacher—the health assessment report, including any recommendations in the report.

(3A)For subsection (3)(c), the committee may only consider the issue of impairment of the relevant teacher if the committee ordered a health assessment of the teacher in the proceedings.

(3B)Also, the committee may only make an order, under subsection (2)(d), that the committee considers appropriate because of an impairment of the relevant teacher if—

(a)a health assessment report about the teacher has been given to the committee in the proceedings; and

(b)the health assessment report includes findings that—

(i)the relevant teacher has the impairment; and

(ii)the impairment caused, or contributed to, behaviour that is the basis of the proceeding.

(4)As soon as practicable after making its decision, the committee must—

(a)if it decides to do a thing mentioned in subsection (2)(c), (d), (e) or (f)—give the teacher an information notice about the decision; or

(b)otherwise—give the teacher notice of the decision and the reasons for it.

(4A)If the committee decides to refer the practice and conduct matter to QCAT—

(a)the college must inform QCAT about the grounds for the practice and conduct matter and the facts and circumstances forming the basis for the grounds; and

(b)QCAT must conduct a hearing and make decisions about the practice and conduct matter referred to QCAT having regard to the information provided by the college.

(5)Also, if the practice and conduct matter originated from a complaint, the committee must, as soon as practicable after making its decision, give notice of the decision and the reasons for it to the complainant.

(6)The committee’s decision is binding on the college and the relevant teacher.

(7)The college must give effect to, or secure compliance with, the committee’s decision.

s 123 amd 2009 No. 24 s 202; 2011 No. 39 s 30D; 2016 No. 46 s 86

ch 6 pt 2 hdg sub 2009 No. 24 s 203

amd 2016 No. 46 s 87

ch 6 pt 2 div 1 hdg sub 2009 No. 24 s 204

amd 2016 No. 46 s 88

124Constitution of QCAT for practice and conduct proceedings

(1)For practice and conduct proceedings under this Act, QCAT must be constituted by—

(a)a legally qualified member who is familiar with school environments; and

(b)2 other QCAT members, of whom—

(i)1 must be a registered teacher; and

(ii)1 must be a person who is not a registered teacher.

(2)In this section—

legally qualified member means a legally qualified member under the QCAT Act.

QCAT member means a member under the QCAT Act.

s 124 sub 2009 No. 24 s 204

amd 2009 No. 48 s 54; 2016 No. 46 s 89

125Presiding member of QCAT

For a practice and conduct proceeding under this Act, the legally qualified member mentioned in section 124 is the presiding member of QCAT.

s 125 amd 2006 No. 55 s 23

sub 2009 No. 24 s 204

amd 2016 No. 46 s 90

ch 6 pt 2 div 2 hdg amd 2009 No. 24 s 205; 2016 No. 46 s 91

130Application of div 2

This division applies to practice and conduct proceedings before QCAT relating to—

(a)a general matter; or

(b)a PC&TC matter referred to QCAT by the PC&TC committee under section 111A(2) or 123(2)(b).

s 130 amd 2009 No. 24 s 206; 2009 No. 40 s 29; 2016 No. 46 s 92

ch 6 pt 2 div 2 hdg amd 2009 No. 24 s 208

133Notice of intention to conduct hearing

(1)QCAT must give notice of its intention to conduct a proceeding or hearing to—

(a)each party; and

(b)any other person the tribunal directs to be given notice.

(2)If the matter originated from a complaint, the college must give the complainant a notice that complies with subsection (3).

(3)The notice must state each of the following matters—

(a)the ground for disciplinary action against the teacher given to QCAT under section 97 or 123;

(b)the facts and circumstances forming the basis of the ground given to QCAT under section 97 or 123;

(c)the time and place of the hearing;

(d)if the matter relates to a complaint—that the complainant may attend the hearing;

(e)that the teacher may be accompanied at the hearing by a lawyer or other person.

(4)The time for the hearing stated in the notice must be at least 14 days after the day the teacher is given the notice.

s 133 amd 2009 No. 24 s 210; 2016 No. 46 s 93

136QCAT may require health assessment

(1)This section applies if, before or during the hearing, QCAT reasonably believes—

(a)the relevant teacher may have an impairment; and

(b)the impairment may have caused or contributed to behaviour of the relevant teacher that is the basis for the practice and conduct proceedings.

(2)QCAT may, by notice given to the teacher, require the teacher to undergo a health assessment conducted by an appointed person at a reasonable time and place.

(3)QCAT may appoint a person to conduct the assessment only if QCAT is reasonably satisfied the person has the necessary qualifications, expertise or experience.

(4)The notice must state each of the following—

(a)the reasons for the health assessment;

(b)the name and qualifications of the person appointed by QCAT to conduct the assessment;

(c)the place where, and the day and time at which, the assessment is to be conducted.

(5)The relevant teacher must not fail, without reasonable excuse—

(a)to attend as required by the notice; and

(b)to continue to attend as required by the person conducting the health assessment until excused from further attendance; and

(c)to cooperate with the person in the conduct of the health assessment.

Maximum penalty—50 penalty units.

(6)The cost of the assessment must be met by the college.

s 136 amd 2006 No. 55 s 25; 2009 No. 24 s 212 ; 2016 No. 46 s 94

138Attendance and appearance at hearing

(1)Any of the following persons may appear at the hearing to present evidence to, or help, QCAT—

(a)a lawyer;

(b)a member of the board;

(c)a member of the office’s staff.

(2)Also, if the matter originated from a complaint, the complainant may attend the hearing.

s 138 amd 2009 No. 24 s 214

147Receiving or adopting findings etc. in other proceedings

During the hearing, QCAT may—

(a)receive in evidence a transcript, or part of a transcript, of evidence taken in a proceeding before a disciplinary body or a court, tribunal or other entity established under the law of the State, the Commonwealth, another State or a foreign country, and draw conclusions of fact from the evidence it considers appropriate; or

(b)adopt, as it considers appropriate, decisions, findings, judgements, or reasons for judgement, of a disciplinary body, court, tribunal or other entity that may be relevant to the hearing.

s 147 amd 2009 No. 24 s 216

152Interim orders

(1)This section applies if QCAT reasonably believes it is necessary to make an interim order exercising a power conferred on QCAT under section 160 or 161.

(2)QCAT may make the interim order.

(3)The interim order must be the least onerous order QCAT considers necessary in the circumstances.

(4)The interim order has effect from the time it is made and ends when the first of the following happens—

(a)the practice and conduct proceedings end;

(b)the time stated in the order for it to end arrives;

(c)QCAT revokes the order.

(5)The college must give effect to an interim order made by QCAT.

(6)In this section—

interim order means an interim order under the QCAT Act, section 58.

s 152 amd 2009 No. 24 s 218; 2016 No. 46 s 95

ch 6 pt 2 div 2 hdg prev sdiv 3 hdg om 2009 No. 24 s 220

pres sdiv 3 hdg (prev sdiv 4 hdg) renum 2009 No. 24 s 221

amd 2016 No. 46 s 96

158Decision about whether ground for disciplinary action is established

(1)As soon as practicable after finishing the hearing, QCAT must decide whether a ground for disciplinary action against the relevant teacher has been established.

(2)In making its decision, QCAT must have regard to any relevant previous decision by a practice and conduct body of which QCAT is aware.

(3)Subsection (2) does not limit the matters QCAT may consider in making its decision.

(4)In this section—

former PP&C committee means the PP&C committee under the Act as in force before the commencement.

former Teachers Disciplinary Committee means the Teachers Disciplinary Committee established under this Act before its abolition by the QCAT Act.

practice and conduct body includes the former Teachers Disciplinary Committee and the former PP&C committee.

s 158 amd 2009 No. 24 s 222; 2016 No. 46 s 97

159Ending of suspension if ground for disciplinary action not established

(1)This section applies if—

(a)QCAT decides no ground for disciplinary action against the relevant teacher has been established; and

(b)the relevant teacher’s registration or permission to teach is suspended under section 48 or 49.

(2)QCAT must end the suspension.

s 159 amd 2009 No. 24 s 223; 2010 No. 5 s 194

160Decision about disciplinary action against approved teacher

(1)This section applies if the relevant teacher is an approved teacher.

(2)If QCAT decides a ground for disciplinary action against the relevant teacher has been established, QCAT may do 1 or more of the following—

(a)decide to take no further action in relation to the matter;

(b)if the teacher’s registration or permission to teach is suspended under section 48 or 49—end the suspension;

(c)issue a warning or reprimand to the teacher;

(d)cancel the teacher’s registration or permission to teach;

(e)suspend the teacher’s registration or permission to teach for a stated time;

(f)make an order requiring the teacher to pay to the college, by way of costs, an amount QCAT considers appropriate having regard to—

(i)any expenses incurred by the college in investigating the matter; and

(ii)the expenses incurred by the college in the proceedings before QCAT;

(g)make an order requiring the teacher to pay to the college, by way of penalty, an amount fixed by QCAT but not more than the equivalent of 20 penalty units;

(h)impose conditions on, or amend or remove conditions on, the teacher’s registration or permission to teach;

(i)make an order that a particular notation or endorsement about the teacher be entered in the register;

(j)if QCAT cancels the teachers’ registration or permission to teach—make an order prohibiting the teacher from reapplying for registration or permission to teach for a stated period from the day the order is made or indefinitely;

Note—

See also section 350 (Decision about disciplinary action against approved teacher).

(k)make another order QCAT considers appropriate;

(l)accept an undertaking from the teacher.

s 160 amd 2009 No. 24 s 224; 2010 No. 5 s 195; 2011 No. 39 s 30E

161Decision about disciplinary action against former approved teacher

(1)This section applies if the relevant teacher is a former approved teacher.

(2)If QCAT decides a ground for disciplinary action against the relevant teacher has been established, QCAT may do 1 or more of the following—

(a)decide to take no further action in relation to the matter;

(b)make an order requiring the teacher to pay to the college, by way of costs, an amount QCAT considers appropriate having regard to—

(i)any expenses incurred by the college in investigating the matter; and

(ii)the expenses incurred by the college in the proceedings before QCAT;

(c)if QCAT would have made an order cancelling the teacher’s registration or permission to teach if the teacher had been an approved teacher—make an order prohibiting the teacher from reapplying for registration or permission to teach for a stated period from the day the order is made or indefinitely;

Note—

See also section 352 (Decision about disciplinary action against former approved teacher).

(d)make an order that a particular notation or endorsement about the teacher be entered in the register.

s 161 amd 2009 No. 24 s 225; 2011 No. 39 s 30F

ch 6 pt 2 div 2 hdg (prev sdiv 5 hdg) renum 2009 No. 24 s 227

164College may notify other persons

(1)After QCAT makes a decision about practice and conduct proceedings against a relevant teacher, the college may, by notice—

(a)if the proceedings originated from a complaint—advise the complainant about QCAT’s decision; or

(b)advise any of the following persons about QCAT’s decision—

(i)the chief executive;

(ii)interstate or overseas regulatory authorities;

(iii)the employing authority for a school;

(iv)the Minister;

(v)any other entity relevant to the teacher’s practice of the teaching profession.

(2)Subject to section 165, the college must not give a notice about the decision to a person under subsection (1)(b) unless the college reasonably believes the entity needs to know about the decision.

(3)This section does not limit the college’s power to record in the register—

(a)a notation or endorsement about the teacher under an order made by QCAT; or

(b)a condition imposed on the teacher’s registration or permission to teach by QCAT.

s 164 amd 2009 No. 24 s 229; 2016 No. 46 s 98

165Requirement to notify particular interstate regulatory authorities about decision

The college must, as soon as practicable after QCAT makes a decision about practice and conduct proceedings against a relevant teacher, give notice of the decision to interstate regulatory authorities with which the college is aware the teacher is registered.

s 165 amd 2009 No. 24 s 230; 2016 No. 46 s 99

166Publication of information about practice and conduct proceedings by college

(1)After QCAT makes a decision about practice and conduct proceedings against a relevant teacher, the college may publish the relevant teacher’s identity and the nature and outcome of the proceedings, including, for example, on the college’s internet site or in the college’s annual report or a newsletter.

(2)The college must not publish any other information about the practice and conduct proceedings, including, for example, information that identifies, or is likely to identify, a witness or complainant.

(3)This section does not affect the college’s power to record in the register details of a practice and conduct order.

(4)Subsection (1) applies subject to an order prohibiting the publication made by QCAT under the QCAT Act.

s 166 amd 2009 No. 24 s 231; 2016 No. 46 s 100

ch 6 pt 2 div 2 hdg (prev sdiv 6 hdg) renum 2009 No. 24 s 232

167Effect of QCAT’s decision

QCAT’s decision is binding on the college and the relevant teacher.

s 167 amd 2009 No. 24 s 233

168Implementation of decision

The college must give effect to, or secure compliance with, QCAT’s decision.

s 168 amd 2009 No. 24 s 234

ch 6 pt 3 hdg amd 2016 No. 46 s 101

170Office to keep record of practice and conduct proceedings

(1)The office must keep a record of all practice and conduct proceedings before the PC&TC committee.

(2)The record must include—

(a)details of the decisions made by the PC&TC committee in relation to the proceedings; and

(b)the reasons for the decisions.

s 170 amd 2009 No. 24 s 236; 2016 No. 46 s 102

172Particular investigation may be carried out on college’s behalf by an employing authority

(1)The college may enter into an agreement with the employing authority for a school under which the employing authority will investigate a practice and conduct matter.

(2)An agreement may be entered into under subsection (1) only if—

(a)the relevant teacher to whom the practice and conduct matter relates consents in writing to the employing authority carrying out the investigation; and

(b)the conditions on which the investigation is to be carried out require that—

(i)the process of the investigation must comply with stated requirements of the college; and

(ii)an investigation report must be given to the college within a stated period.

(3)The employing authority is not an investigator for this Act.

s 172 amd 2016 No. 46 s 103

173Functions of investigator

(1)An investigator has the functions of carrying out and reporting on the investigation for which the investigator was appointed.

(2)An investigation may relate to—

(a)a practice and conduct matter; or

(b)monitoring and enforcing compliance with this Act, either generally or in relation to a particular matter.

s 173 amd 2016 No. 46 s 104

174Powers of investigator

For performing the investigator’s functions, an investigator has the powers given to the investigator under this Act.

175Appointment

(1)The college may appoint any of the following persons as an investigator—

(a)a member of the office’s staff;

(b)a member of the board;

(c)another person the college considers appropriate to be appointed as an investigator.

(2)However, the college may appoint a person as an investigator only if it is satisfied the person is qualified for appointment because the person has the necessary expertise or experience.

(3)More than 1 investigator may be appointed for an investigation.

s 175 amd 2009 No. 40 s 30

176Appointment conditions and limit on powers

(1)An investigator holds office on the conditions stated in—

(a)the investigator’s instrument of appointment; or

(b)a signed notice given to the investigator.

(2)The instrument of appointment or signed notice may limit the investigator’s powers under this Act.

(3)In this section—

signed notice means a notice signed by the chairperson of the board.

177Issue of identity card

(1)The college must give an identity card to an investigator.

(2)The identity card must—

(a)contain a recent photo of the investigator; and

(b)contain a copy of the investigator’s signature; and

(c)identify the person as an investigator under this Act.

178Production or display of identity card

(1)In exercising a power under this Act in relation to a person, an investigator must—

(a)produce the investigator’s identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person when exercising the power.

(2)However, if it is not practicable to comply with subsection (1), the investigator must produce the identity card for the person’s inspection at the first reasonable opportunity.

(3)For subsection (1), an investigator does not exercise a power in relation to a person only because the investigator has entered a place as mentioned in section 184(1)(b) or (2).

179Resignation

(1)An investigator may resign by signed notice of resignation given to the college.

(2)Within 21 days after resigning, the investigator must give the college a written report about the investigation carried out by the investigator.

180Return of identity card

A person who ceases to be an investigator must return the person’s identity card to the college within 15 business days after ceasing to be an investigator, unless the person has a reasonable excuse.

Maximum penalty—10 penalty units.

181Power to require information or attendance

(1)For carrying out an investigation, an investigator may, by notice given to a person, require the person—

(a)to give stated information to the investigator within a stated reasonable time and in a stated reasonable way; or

(b)to attend before the investigator to answer questions by—

(i)attending in person at a stated reasonable time and place; or

(ii)attending by audio link or audio visual link at a stated reasonable time; or

(c)to produce a stated thing to the investigator by—

(i)attending before the investigator at a stated reasonable time and place to produce the thing in person; or

(ii)producing the thing at or before a stated reasonable time in another stated way that does not involve physically attending before the investigator.

Examples of a way a thing may be produced for subparagraph (ii)—

by post, by email

(2)In this section—

audio link means facilities, including telephone, that enable reasonably contemporaneous and continuous audio communication between persons at different places.

audio visual link means facilities, including closed-circuit television, that enable reasonably contemporaneous and continuous audio and visual communication between persons at different places.

s 181 amd 2022 No. 17 s 5

182Offences

(1)A person required to give information to an investigator under section 181 must give the information as required by the notice, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)A person given a notice to attend before an investigator under section 181 must, unless the person has a reasonable excuse—

(a)attend as required by the notice; and

(b)continue to attend as required by the investigator until excused from further attendance; and

(c)answer a question the person is required to answer by the investigator; and

(d)produce a thing the person is required to produce by the notice.

Maximum penalty—50 penalty units.

(3)It is a reasonable excuse for an individual not to give information, answer a question or produce a stated thing, that giving the information, answering the question or producing the thing might tend to incriminate the individual.

183Inspection of produced things

(1)If a thing is produced to an investigator, whether under a notice under section 181 or otherwise, the investigator may inspect it.

(2)If the investigator reasonably considers the thing may be relevant to the investigation being carried out by the investigator, the investigator may do all or any of the following—

(a)photograph the thing;

(b)for a document—make a copy of, or take an extract from, it;

(c)keep the thing while it is necessary for the investigation.

(3)If the investigator keeps the thing, the investigator must allow a person otherwise entitled to possession of the thing—

(a)for a document—to inspect, copy, or take an extract from, the document, at the reasonable time and place the investigator decides; or

(b)for another thing—to inspect or photograph the thing, at the reasonable time and place the investigator decides.

184Power to enter places

(1)An investigator may enter a place for carrying out an investigation if—

(a)an occupier of the place consents to the entry; or

(b)it is a public place and the entry is made when the place is open to the public; or

(c)the entry is authorised by a warrant.

(2)For the purpose of asking an occupier of a place for consent to enter, an investigator may, without the occupier’s consent or a warrant—

(a)enter land around premises at the place to an extent that is reasonable to contact the occupier; or

(b)enter part of the place the investigator reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier.

185Entry with consent

(1)This section applies if an investigator intends to ask an occupier of a place to consent to the investigator or another investigator entering the place under section 184(1)(a).

(2)Before asking for the consent, the investigator must tell the occupier—

(a)the purpose of the entry; and

(b)that the occupier is not required to consent.

(3)If the consent is given, the investigator may ask the occupier to sign an acknowledgement of the consent.

(4)The acknowledgement must state—

(a)the occupier has been told—

(i)the purpose of the entry; and

(ii)that the occupier is not required to consent; and

(b)the purpose of the entry; and

(c)the occupier gives the investigator consent to enter the place and exercise powers under this part; and

(d)the time and date the consent was given.

(5)If the occupier signs the acknowledgement, the investigator must immediately give a copy to the occupier.

(6)If—

(a)an issue arises in a proceeding before a court or a practice and conduct committee about whether the occupier of the place consented to the entry; and

(b)an acknowledgement mentioned in subsection (4) is not produced in evidence;

the onus of proof is on the person relying on the lawfulness of the entry to prove the occupier consented.

s 185 amd 2016 No. 46 s 105

186Application for warrant

(1)An investigator may apply to a magistrate for a warrant for a place.

(2)The application must be sworn and state the grounds on which the warrant is sought.

(3)The magistrate may refuse to consider the application until the investigator gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires.

Example—

The magistrate may require additional information supporting the application to be given by statutory declaration.

187Issue of warrant

(1)The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting—

(a)there is a particular thing or activity (the evidence) that may provide evidence about a matter being investigated by the investigator; and

(b)the evidence is at the place, or may be at the place, within the next 7 days.

(2)The warrant must state—

(a)that a stated investigator may, with necessary and reasonable help and force—

(i)enter the place and any other place necessary for entry; and

(ii)exercise the investigator’s powers under this part; and

(b)the matter being investigated for which the warrant is sought; and

(c)the evidence that may be seized under the warrant; and

(d)the hours of the day or night when the place may be entered; and

(e)the date, within 14 days after the warrant’s issue, the warrant ends.

188Warrants—procedure before entry

(1)This section applies if an investigator named in a warrant issued under this division for a place is intending to enter the place under the warrant.

(2)Before entering the place, the investigator must do or make a reasonable attempt to do the following things—

(a)identify himself or herself to a person present at the place who is an occupier of the place by producing the investigator’s identity card or another document evidencing the investigator’s appointment;

(b)give the person a copy of the warrant;

(c)tell the person the investigator is permitted by the warrant to enter the place;

(d)give the person an opportunity to allow the investigator immediate entry to the place without using force.

(3)However, the investigator need not comply with subsection (2) if the investigator believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated.

189General powers after entering places

(1)This section applies to an investigator who enters a place under section 184.

(2)However, if an investigator enters a place to get the occupier’s consent to enter a place, this section applies to the investigator only if the consent is given or the entry is otherwise authorised.

(3)The investigator may do all or any of the following for a relevant purpose—

(a)search any part of the place;

(b)inspect, measure, test, photograph or film any part of the place or anything at the place;

(c)take an extract from, or copy, a document at the place;

(d)take into or onto the place any person, equipment and materials the investigator reasonably requires for exercising a power under this part;

(e)require an occupier of the place, or a person at the place, to give the investigator reasonable help to exercise the investigator’s powers under paragraphs (a) to (d);

(f)require an occupier of the place, or a person at the place, to give the investigator information to help the investigator ascertain—

(i)for an investigation about a practice and conduct matter—whether a ground for disciplinary action exists; or

(ii)for another investigation—whether this Act is being complied with.

(4)When making a requirement mentioned in subsection (3)(e) or (f), the investigator must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

(5)In this section—

relevant purpose means—

(a)for an investigation about a practice and conduct matter—establishing whether a ground for disciplinary action exists; or

(b)for another investigation—monitoring and enforcing compliance with this Act.

s 189 amd 2016 No. 46 s 106

190Failure to help investigator

(1)A person required to give reasonable help under section 189(3)(e) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)If an individual is required under section 189(3)(e) to give information, or produce a document, it is a reasonable excuse for the individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.

191Failure to give information

(1)A person of whom a requirement is made under section 189(3)(f) must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

(2)It is a reasonable excuse for an individual not to comply with the requirement that complying with the requirement might tend to incriminate the individual.

192Seizing evidence at public place if entry made when place open

An investigator who enters a public place when the place is open to the public may seize a thing at the place if the investigator reasonably believes the thing is evidence that is relevant to the investigation being carried out by the investigator.

193Seizing evidence at a place that may only be entered with consent or warrant

(1)This section applies if—

(a)an investigator is authorised to enter a place under this part only with the consent of the occupier of the place or a warrant; and

(b)the investigator enters the place after obtaining the necessary consent or warrant.

(2)If the investigator enters the place with the occupier’s consent, the investigator may seize a thing at the place if—

(a)the investigator reasonably believes the thing is evidence that is relevant to the investigation being carried out by the investigator; and

(b)seizure of the thing is consistent with the purpose of entry as told to the occupier when asking for the occupier’s consent.

(3)If the investigator enters the place with a warrant, the investigator may seize the evidence for which the warrant was issued.

(4)The investigator also may seize anything else at the place if the investigator reasonably believes—

(a)the thing is evidence that is relevant to the investigation; and

(b)the seizure is necessary to prevent the thing being hidden, lost or destroyed.

194Securing seized things

Having seized a thing, an investigator may—

(a)move the thing from the place where it was seized; or

(b)leave the thing at the place where it was seized but take reasonable action to restrict access to it.

Examples of restricting access to a thing—

1sealing a thing and marking it to show access to it is restricted

2sealing the entrance to a room where the seized thing is situated and marking the entrance to show access to the room is restricted

195Tampering with seized things

If an investigator restricts access to a seized thing, a person must not tamper, or attempt to tamper, with the thing, or something restricting access to the thing, without the investigator’s approval.

Maximum penalty—50 penalty units.

196Receipt for seized things

(1)As soon as practicable after an investigator seizes a thing, the investigator must give a receipt for it to the person from whom it was seized.

(2)However, if for any reason it is not practicable to comply with subsection (1), the investigator must leave the receipt at the place of seizure in a conspicuous position and in a reasonably secure way.

(3)The receipt must describe generally each thing seized and its condition.

(4)This section does not apply to a thing if it is impracticable or would be unreasonable to give the receipt, given the thing’s nature, condition and value.

197Forfeiture of seized things

(1)A thing that has been seized under this division is forfeited to the college if the investigator who seized the thing—

(a)can not find its owner, after making reasonable inquiries; or

(b)can not return it to its owner, after making reasonable efforts.

(2)In applying subsection (1)—

(a)subsection (1)(a) does not require the investigator to make inquiries if it would be unreasonable to make inquiries to find the owner; and

(b)subsection (1)(b) does not require the investigator to make efforts if it would be unreasonable to make efforts to return the thing to its owner.

(3)Regard must be had to a thing’s nature, condition and value in deciding—

(a)whether it is reasonable to make inquiries or efforts; and

(b)if making inquiries or efforts, what inquiries or efforts, including the period over which they are made, are reasonable.

198Dealing with forfeited things

(1)On the forfeiture of a thing to the college, the thing becomes the college’s property and may be dealt with by the college as the college considers appropriate.

(2)Without limiting subsection (1), the college may destroy or otherwise dispose of the thing.

199Return of seized things

(1)If a seized thing is not forfeited, the investigator must return it to its owner—

(a)at the end of 6 months; or

(b)if proceedings involving the thing are started within 6 months, at the end of the proceedings and any appeal from the proceedings.

(2)Despite subsection (1), unless a thing that has been seized as evidence is forfeited, the investigator must immediately return it to its owner if the investigator stops being satisfied its continued retention as evidence is necessary.

200Access to seized things

(1)Until a seized thing is forfeited or returned, an investigator must allow its owner to inspect it and, if it is a document, to copy it.

(2)Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying.

201Investigator’s report

(1)This section applies if an investigation involves a practice and conduct matter.

(2)As soon as practicable after completing the investigation, the investigator must give a written report about the investigation to—

(a)for an investigation authorised by the college—

(i)if the report includes a finding that there is no ground for disciplinary action against the relevant teacher—the college; or

(ii)otherwise—the PC&TC committee; or

(b)for an investigation authorised by the PC&TC committee—the PC&TC committee; or

(c)for an investigation authorised by QCAT—QCAT.

s 201 amd 2009 No. 24 s 238; 2016 No. 46 s 107

202Investigator’s obligation not to cause unnecessary damage

An investigator must take all reasonable steps to ensure the investigator does not cause any unnecessary damage to property in exercising a power under part 4.

203Notice of damage

(1)This section applies if—

(a)an investigator damages property when exercising or purporting to exercise a power; or

(b)a person (the other person) acting under the direction of an investigator damages property.

(2)The investigator must immediately give notice of particulars of the damage to a person who appears to the investigator to be an owner of the property.

(3)If the investigator believes the damage was caused by a latent defect in the property or circumstances beyond the investigator’s or other person’s control, the investigator may state the belief in the notice.

(4)If, for any reason, it is impracticable to comply with subsection (2), the investigator must leave the notice in a conspicuous position and in a reasonably secure way where the damage happened.

(5)This section does not apply to damage the investigator reasonably believes is trivial.

(6)In subsection (2)—

owner, of property, includes a person in possession or control of it.

204Compensation

(1)A person may claim compensation from the college if the person incurs loss or expense because of the exercise or purported exercise of a power under part 4, division 2, 4 or 5.

(2)Without limiting subsection (1), compensation may be claimed for loss or expense incurred in complying with a requirement made of the person under the division.

(3)Compensation may be claimed and ordered to be paid in a proceeding brought in a court with jurisdiction for the recovery of the amount of compensation claimed.

(4)A court may order compensation to be paid only if it is satisfied it is fair to make the order in the circumstances of the particular case.

205False or misleading information given to investigator

A person must not state anything to an investigator the person knows is false or misleading in a material particular.

Maximum penalty—50 penalty units.

206False or misleading documents given to investigator

(1)A person must not give an investigator a document containing information the person knows is false or misleading in a material particular.

Maximum penalty—50 penalty units.

(2)Subsection (1) does not apply to a person if the person, when giving the document—

(a)tells the investigator, to the best of the person’s ability, how it is false or misleading; and

(b)if the person has, or can reasonably obtain, the correct information, gives the correct information.

207Obstruction of investigator

(1)A person must not obstruct an investigator in the exercise of a power, unless the person has a reasonable excuse.

Maximum penalty—100 penalty units.

(2)If a person has obstructed an investigator and the investigator decides to proceed with the exercise of the power, the investigator must warn the person that—

(a)it is an offence to obstruct the investigator, unless the person has a reasonable excuse; and

(b)the investigator considers the person’s conduct is an obstruction.

(3)In this section—

obstruct includes hinder and attempt to obstruct or hinder.

208Impersonation of investigator

A person must not pretend to be an investigator.

Maximum penalty—50 penalty units.

ch 8 hdg sub 2009 No. 24 s 239

ch 8 pt 1 hdg sub 2009 No. 24 s 239

ch 8 pt 1 div 1 hdg ins 2016 No. 46 s 108

208ADefinitions for part

In this part—

college decision means an original decision other than a delegated decision.

delegated decision means an original decision made by a person under a power delegated to the person under section 264.

review decision means—

(a)a decision of the review committee under section 210B(4); or

(b)a decision of the college under section 212(1).

s 208A ins 2016 No. 46 s 108

ch 8 pt 1 div 2 hdg ins 2016 No. 46 s 109

209Review process for particular decisions starts with internal review

(1)A person or entity who is given, or is entitled to be given, an information notice for a decision (an original decision) and who is dissatisfied with the decision may apply for a review of the decision under this part.

(2)To help users of this Act, schedule 1 identifies the decisions for which an information notice must be given under this Act.

(3)The review must be, in the first instance, by way of an application for internal review under section 210.

s 209 amd 2009 No. 24 s 240

210Applying for review

(1)The application must be made within 28 days after—

(a)if the person or entity is given an information notice about the decision—the day the person or entity is given the information notice; or

(b)if paragraph (a) does not apply—the day the person or entity otherwise becomes aware of the decision.

(2)The college may, at any time, extend the time for applying for the review.

(3)The application for review must be in the approved form and state fully the grounds of the application.

210AReview committee

(1)The application must be dealt with by a committee (a review committee) established by the college to conduct the review.

(2)The review committee must consist of at least 3 persons, of whom—

(a)1 is to be appointed by the board as chairperson of the committee; and

(b)1 is to be a board member who is a practising teacher; and

(c)1 is to be a board member who is a representative of an employing authority for a school.

(3)If the application relates to an original decision about a practice and conduct matter involving an impairment of a relevant teacher, the review committee must also include a registered health practitioner who is listed on the health practitioner panel.

(4)The review committee may include any other person, whether or not the person is a member of the board.

(5)However, if practicable, the review committee must not include a person who was involved in the making of the original decision the application relates to.

s 210A ins 2016 No. 46 s 110

210BReview committee’s review of delegated decision

(1)This section applies to the review committee for dealing with an application for the review of a delegated decision.

(2)The review committee must give the applicant a notice stating that the applicant may make oral or written submissions about the delegated decision to the committee within a stated period, of not less than 21 days, after the notice is given (the submission period).

(3)The review committee must conduct the review on—

(a)the material before the person who made the delegated decision that led to the delegated decision; and

(b)the reasons for the delegated decision; and

(c)any other relevant material the review committee allows including material in any submissions made before the end of the submission period.

(4)After reviewing the delegated decision, the review committee must make a decision (a review decision) to do any of the following—

(a)confirm the delegated decision; or

(b)amend the delegated decision; or

(c)substitute another decision for the delegated decision.

(5)For a review under part 2—

(a)if the review decision confirms the original decision—the original decision is taken to be the review decision; or

(b)if the review decision amends the original decision—the original decision as amended is taken to be the review decision; or

(c)if the review decision substitutes another decision for the original decision—the substituted decision is taken to be the review decision.

s 210B ins 2016 No. 46 s 110

211Review committee’s review of college decision

(1)This section applies to the review committee for dealing with an application for the review of a college decision.

(2)The review committee must give the applicant a notice stating that the applicant may make oral or written submissions about the original decision to the committee within 21 days, or a longer period the committee considers reasonable, after the notice is given (the submission period).

(3)The review committee must conduct the review on—

(a)the material before the college or the PP&C committee that led to the original decision; and

(b)the reasons for the original decision; and

(c)any other relevant material the review committee allows including material in any submissions made before the end of the submission period.

(4)After reviewing the original decision, the review committee must make a recommendation to the college about whether the college should—

(a)confirm the original decision; or

(b)amend the original decision; or

(c)substitute another decision for the original decision.

(5)The college is not required to follow the review committee’s recommendation.

s 211 amd 2009 No. 40 s 31; 2016 No. 46 s 111

212College’s decision

(1)This section applies if the review committee makes a recommendation under section 211(4).

(2)After considering the review committee’s recommendation, the college must make a further decision (also a review decision) to do any of the following—

(a)confirm the original decision;

(b)amend the original decision;

(c)substitute another decision for the original decision.

(3)For a review under part 2—

(a)if the review decision confirms the original decision—the original decision is taken to be the review decision; or

(b)if the review decision amends the original decision—the original decision as amended is taken to be the review decision; or

(c)if the review decision substitutes another decision for the original decision—the substituted decision is taken to be the review decision.

s 212 amd 2009 No. 24 s 241; 2016 No. 46 s 112

213Notice of review decision

(1)The relevant decision maker for a review decision must, as soon as practicable, give the applicant notice (the review notice) of the review decision.

(2)If the review decision is not the decision sought by the applicant, the relevant decision maker must give the applicant a review notice that complies with the QCAT Act, section 157(2).

(3)If the relevant decision maker does not give the review notice within 60 days after the application is made, the relevant decision maker is taken to have made a review decision confirming the original decision.

(4)In this section—

relevant decision maker, for a review decision, means—

(a)for a review decision made under section 210B(4)—the review committee; or

(b)for a review decision made under section 212(1)—the college.

s 213 amd 2009 No. 24 s 242; 2009 No. 40 s 32; 2016 No. 46 s 113

ch 8 pt 2 hdg sub 2009 No. 24 s 243

215Who may apply for external review

A person who has applied for a review of an original decision under part 1 and is dissatisfied with the review may apply to QCAT for a review of the original decision.

s 215 sub 2009 No. 24 s 245

220Application of pt 1

This part applies to—

(a)a practice and conduct proceeding in QCAT; and

(b)another proceeding under this Act, including other practice and conduct proceedings.

s 220 sub 2009 No. 24 s 247

amd 2016 No. 46 s 114

221Appointments and authority

It is not necessary to prove—

(a)the appointment of any of the following persons or entities—

(i)the Minister;

(ii)the chief executive;

(iii)the chairperson or another member of the board;

(iv)the director;

(v)an investigator;

(vi)the PP&C committee or a member of the PP&C committee; or

(b)the authority of any of the following persons or entities to do anything under this Act—

(i)the Minister;

(ii)the chief executive;

(iii)the college;

(iv)the board;

(v)the director;

(vi)an investigator;

(vii)the PP&C committee or a member of the PP&C committee; or

(c)the authority of a person mentioned in section 224(b) to take and prosecute proceedings under this Act.

s 221 amd 2009 No. 24 s 248

222Signatures

A signature purporting to be the signature of any of the following persons is evidence of the signature it purports to be—

(a)the Minister;

(b)the chief executive;

(c)the chairperson or another member of the board;

(d)the director;

(e)an investigator.

s 222 amd 2009 No. 24 s 249

223Evidentiary matters

A certificate purporting to be signed by the director or the chairperson of the board that states any of the following matters is evidence of the matter—

(a)a stated document is 1 of the following things made, given, issued or kept under this Act—

(i)an appointment, approval or decision;

(ii)an order, direction, requirement or notice;

(iii)a certificate of registration or certificate of permission to teach;

(iv)a record or an extract from a record;

(v)the register or an extract from the register;

(b)a stated document is the professional standards in force under this Act on a stated day or during a stated period;

(c)a stated document is another document kept under this Act;

(d)a stated document is a copy of a thing mentioned in paragraph (a), (b) or (c);

(e)on a stated day, or during a stated period, a stated person was or was not the holder of any of the following—

(i)full registration;

(ii)provisional registration;

(iii)permission to teach;

(f)on a stated day, or during a stated period, a registration or permission to teach—

(i)was or was not in force; or

(ii)was or was not subject to a stated condition;

(g)on a stated day, or during a stated period, a registration or permission to teach was suspended;

(h)on a stated day, a registration or permission to teach was cancelled;

(i)on a stated day, or during a stated period, an appointment as an investigator was, or was not, in force for a stated person;

(j)on a stated day, a stated person was given a stated notice or direction under this Act;

(k)on a stated day, a stated requirement was made of a stated person;

(l)a stated fee or other amount is payable by a stated person to the college and has not been paid.

224Proceedings in the name of the college

Proceedings in a court may be taken and prosecuted in the name of the college by—

(a)the chairperson of the board; or

(b)another person authorised for that purpose by the chairperson.

225Summary proceedings for offences

(1)Proceedings for an offence against this Act are to be taken in a summary way under the Justices Act 1886.

(2)The proceeding must start within the later of the following periods to end—

(a)1 year after the commission of the offence;

(b)6 months after the offence comes to the complainant’s knowledge, but within 2 years after the commission of the offence.

226Allegations of false or misleading information or documents

(1)This section applies for a complaint for an offence against this Act involving—

(a)false or misleading information; or

(b)a false or misleading document.

(2)It is enough for the complaint to state that the statement made, or the document given, was ‘false or misleading’ to the person’s knowledge, without specifying which.

227Penalties to be paid to college

All penalties recovered as a result of proceedings for offences against this Act are payable to the college.

228Executive officer may be taken to have committed offence

(1)If a corporation commits an offence against a deemed executive liability provision, each executive officer of the corporation is taken to have also committed the offence if—

(a)the officer authorised or permitted the corporation's conduct constituting the offence; or

(b)the officer was, directly or indirectly, knowingly concerned in the corporation’s conduct.

(2)The executive officer may be proceeded against for, and convicted of, the offence against the deemed executive liability provision whether or not the corporation has been proceeded against for, or convicted of, the offence.

(3)This section does not affect either of the following—

(a)the liability of the corporation for the offence against the deemed executive liability provision;

(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against the deemed executive liability provision.

(4)In this section—

deemed executive liability provision means any of the following provisions—

•section 76(2)

•section 77(2)

•section 78(2)

•section 82(1)

•section 82(2).

s 228 sub 2013 No. 51 s 37

229Establishment of college

(1)The Queensland College of Teachers is established.

(2)The college—

(a)is a body corporate; and

(b)has a seal; and

(c)may sue and be sued in its corporate name.

230College’s functions about registration and permission to teach

The college has the following functions about registration of, and permission to teach for, teachers in Queensland—

(a)to be responsible to the Minister for granting registration or permission to teach to persons under this Act;

(b)deciding how a person must satisfy initial and ongoing eligibility requirements for registration and permission to teach;

(c)deciding applications for registration or permission to teach and applications for renewal of registration or permission to teach;

(d)ensuring approved teachers continue to meet the eligibility requirements mentioned in paragraph (b), including, for example, monitoring the compliance of approved teachers with conditions of registration or permission to teach;

(e)arranging checks of the police information of approved teachers and applicants for registration or permission to teach;

(f)reviewing registration of teachers, and the granting of permission to teach to teachers;

(g)reporting, and making recommendations, to the Minister about the matters mentioned in paragraph (f);

(h)approving and monitoring preservice teacher education programs for provisional registration;

(i)developing or adopting, and applying, professional standards for entry to, and continuing membership of, the teaching profession;

(j)keeping a register of, and records relating to, approved teachers.

s 230 amd 2010 No. 5 s 196; 2012 No. 35 s 20

230ACollege’s functions for testing applicants for registration

(1)The college has the function of testing of applicants for registration in relation to literacy, numeracy or science.

(2)Without limiting subsection (1), the college may do the following—

(a)develop and revise the tests;

(b)purchase and revise tests developed by entities other than the college;

(c)develop and revise documents and procedures for the administration of the tests;

(d)conduct and mark the tests;

(e)assess or reassess the results of a person who took the test and give the results to the person;

(f)analyse systemic information about the performance of persons who took the test and report the results of the analysis to the Minister, the chief executive and higher education institutions.

(3)The college may engage another entity to undertake a function mentioned in subsection (1) or (2).

(4)In this section—

higher education institution means a higher education institution that provides a course of education for a qualification required for registration as a teacher.

s 230A ins 2010 No. 4 s 12

230B College’s functions about certification of teachers

(1)The college has the function of administering the process for the certification of teachers under chapter 2A.

(2)Without limiting subsection (1), the college’s functions include the following—

(a)deciding certification applications and renewal applications;

(b)keeping records in relation to certifications;

(c)coordinating training for persons involved in the assessment of teachers for certification, or the renewal of certifications, under chapter 2A.

(3)The college may engage another entity prescribed by regulation to assist the college in performing its functions under this section.

s 230B ins 2019 No. 14 s 5

231College’s discipline and enforcement functions

The college has the following functions about disciplining approved teachers and former approved teachers and enforcing this Act—

(a)monitoring compliance with this Act and prosecuting persons who fail to comply with it;

(b)receiving and assessing complaints;

(c)conducting investigations, in relation to a complaint or on the college’s own initiative, about—

(i)the professional conduct or competence of an approved teacher or former approved teacher; or

(ii)a contravention of this Act;

(d)referring practice and conduct matters to a practice and conduct committee;

(e)giving effect to and monitoring compliance with practice and conduct orders;

(f)dealing with matters under chapter 5, part 2;

(g)giving effect to and monitoring compliance with practice and conduct agreements;

(h)developing and applying codes of practice about the professional conduct or practice of approved teachers;

(i)keeping a panel of registered health practitioners who are appropriately qualified to conduct health assessments of relevant teachers or be appointed to the PC&TC committee.

s 231 amd 2016 No. 46 s 115

232College’s other functions

The college’s functions also include the following—

(a)undertaking or supporting reviews and research relevant to the regulation of the teaching profession, including reviews and research commissioned and funded by the Minister;

(b)collecting data about approved teachers, and providing the data to other persons, as required or permitted under this Act;

(c)promoting the teaching profession to the public;

(d)advising relevant entities in Queensland and interstate regulatory authorities about the operation of this Act, as required or permitted under this Act;

(e)informing approved teachers and the public about the operation of this Act;

(f)reviewing the operation of this Act and reporting to the Minister about its operation;

(g)performing other functions conferred on the college under this or another Act.

233Primary considerations of college in performing its functions

In performing its functions under this Act, the welfare and best interests of children are to be the primary considerations of the college.

234Powers of college

(1)The college has all the powers of an individual and may, for example, do any of the following—

(a)enter into contracts;

(b)acquire, hold, dispose of, and deal with, property;

(c)appoint agents and attorneys;

(d)engage consultants;

(e)produce documents in performing its functions and charge for advertising in the documents;

(f)fix charges and other terms for services and other facilities it supplies;

(g)do anything else necessary or convenient to be done in performing its functions.

(2)However, the college must not enter into an agreement about real property, including, for example, leasing premises for its accommodation, unless the Minister has approved its entering into the agreement.

(3)Without limiting subsection (1), the college has the powers given to it under this or another Act.

(4)The college may exercise its powers inside or outside Queensland.

(5)Without limiting subsection (4), the college may exercise its powers outside Australia.

235Professional standards

(1)The college must—

(a)adopt the national professional standards; or

(b)with the approval of the Minister, adopt or develop standards other than the national professional standards.

(2)The college may amend standards it has adopted or developed under subsection (1)(b).

(3)When acting under subsection (1) or (2), the college—

(a)must consult with the chief executive and the representative entities; and

(b)may consult with other entities it considers appropriate.

(4)The purpose of the professional standards is to detail the abilities, experience, knowledge or skills expected of teachers to help the college decide—

(a)whether to approve a preservice teacher education program; and

(b)whether an applicant for provisional or full registration, or an applicant for the renewal of full registration, meets the professional practice requirements; and

(c)whether to certify a teacher as a highly accomplished teacher or lead teacher, or renew a certification.

(5)The professional standards may provide for all or any of the following matters—

(a)the abilities, knowledge and skills required for provisional registration;

(b)the abilities, experience, knowledge and skills required for full registration;

(c)the abilities, experience, knowledge and skills required for renewal of full registration;

(d)the abilities, experience, knowledge and skills required for a certification application to proceed to assessment stage 2;

(e)the abilities, experience, knowledge and skills required for certification as a highly accomplished teacher or lead teacher, or the renewal of a certification.

(6)If the professional standards are inconsistent with a requirement under this Act, the standards are invalid to the extent of the inconsistency.

(7)The college must—

(a)make the professional standards available for inspection on its internet site; and

(b)ensure copies of the professional standards, and each document applied, adopted or incorporated by the standards, are kept available for inspection, free of charge, at the office.

(8)In this section—

national professional standards means the national professional standards prescribed under a regulation.

s 235 sub 2012 No. 35 s 21

amd 2019 No. 14 s 6

236Approval of preservice teacher education programs

(1)A registered higher education provider may apply in writing to the college for the approval of a preservice teacher education program.

(2)The college may approve the program only if—

(a)it considers the qualification resulting from successful completion of the program is suitable to be prescribed as a qualification for provisional registration under section 9(1)(a)(i); and

(b)the college is reasonably satisfied a person who completes the program will attain the abilities, knowledge and skills required under the professional standards; and

(c)the program is offered at a place in Queensland.

(3)The college must decide whether to approve the program as soon as practicable after receiving the application.

(4)If the college approves the program, it must give the applicant notice of the approval.

(5)If the college decides not to approve the program, it must give the applicant an information notice about the decision.

(6)An approval of a program given by the college under this section has effect only in relation to the professional practice requirements for provisional registration under this Act.

s 236 amd 2014 No. 25 s 223 sch 1 pt 2

237The board

The college has a board.

238Role of board

(1)The board is the governing body of the college.

(2)The board—

(a)decides the policies of the college; and

(b)controls the affairs of the college; and

(c)carries out the functions of the college; and

(d)exercises the powers of the college.

(3)Anything done by the board is taken to have been done by the college.

239Membership of board

(1)The board consists of the following persons appointed by the Governor in Council—

(a)1 nominee of the Minister who has skills and experience relevant to the college’s corporate, strategic or regulatory functions;

(b)1 nominee of the chief executive who has skills and experience relevant to the college’s corporate, strategic or regulatory functions;

(c)1 nominee of the Queensland Catholic Education Commission;

(d)1 nominee of the Association of Independent Schools of Queensland Inc.;

(e)2 persons who are practising teachers, of whom—

(i)1 is to be nominated by the Queensland Teachers’ Union; and

(ii)1 is to be nominated by the Queensland Independent Education Union of Employees;

(g)1 person who is a practising teacher educator who is to be nominated jointly by the vice-chancellors of universities, established or recognised under an Act, that provide a preservice teacher education program approved under section 236;

(h)2 persons who, at the time of appointment, are parents or guardians of students enrolled at a school, of whom—

(i)1 is to be nominated by the Queensland Council of Parents and Citizens’ Associations Incorporated; and

(ii)1 is to be nominated jointly by the Federation of Parents and Friends Associations of Catholic Schools in Queensland and the Queensland Independent Schools Parents’ Network Ltd;

(i)3 persons who are practising teachers, of whom—

(i)2 are to represent State schools and are to be nominated by the chief executive; and

(ii)1 is to represent non-State schools and is to be nominated jointly by the Queensland Catholic Education Commission and the Association of Independent Schools Queensland;

(j)3 persons who are practising teachers, of whom—

(i)2 are to be employed by the State and elected by registered teachers who identify themselves as affiliated with State schooling; and

(ii)1 is to be employed by the employing authority for a non-State school and elected by registered teachers who identify themselves as affiliated with non-State schooling.

(2)The director may not be appointed as a member of the board.

(3)In this section—

practising teacher educator means a person who—

(a)has expertise and experience in preparing people to be teachers; and

(b)is employed by a higher education institution to provide education programs for preparing people to be teachers.

s 239 amd 2014 No. 25 s 223 sch 1 pt 2; 2016 No. 46 s 116

240Requirements for elections

(1)This section applies in relation to an election for section 239(1)(j).

(2)The election must be carried out as required under a regulation.

(3)A person may be a candidate in the election only if—

(a)a written report about the person’s criminal history has been obtained by the director; and

(b)the director is reasonably satisfied the person has not been convicted of an indictable offence, other than a conviction—

(i)that is a spent conviction; or

(ii)for which the Minister has given a notice or written approval under section 246(4) stating the conviction does not prevent the person being appointed or reappointed to the board.

(4)For subsection (3)(a)—

(a)the director may act under section 247(1) in place of the Minister; and

(b)section 247 applies, with any necessary changes, as if a reference to the Minister were a reference to the director.

(5)If the election is carried out and insufficient persons are elected to comply with section 239(1)(j)—

(a)the Minister may nominate the number of practising teachers required to comply; and

(b)a practising teacher nominated by the Minister under this subsection is taken to have been elected for section 239(1)(j).

241Nomination by entities for membership of board

(1)This section applies for the nomination of a person for membership of the board by an entity or entities mentioned in any of paragraphs (c) to (h) or (i)(ii) of section 239(1).

(2)The Minister must give the entity or entities a notice stating a reasonable time within which it or they may nominate a person for the membership.

(3)If the entity does not nominate, or the entities do not nominate jointly, a person within the time stated in the notice, the Minister may nominate a person for the membership and the nomination is taken to have been made by the entity or entities.

(4)A person nominated under subsection (3) must be a person whom the entity or entities may nominate for membership of the board as stated in section 239(1).

242Term of appointment of members

(1)The member of the board appointed as its chairperson may be appointed as a member for a term of not more than 4 years.

(2)Any other member of the board may be appointed for a term of not more than 3 years.

(3)This section is subject to section 243.

243Minister may extend a member’s term of appointment

(1)The Minister may, by notice given to the board, extend the term of appointment of members of the board for not more than 1 year if the Minister is satisfied it is necessary for the board to perform its functions and exercise its powers appropriately, effectively and efficiently.

(2)If the Minister acts under subsection (1), the Minister must extend, by the same amount, the term of appointment of all the members.

(3)The extension applies only to members holding office when the notice is given.

(4)This section does not allow the Minister to extend the terms of appointment of the members for more than 1 year by again acting under subsection (1).

244Chairperson of board

(1)The Governor in Council must appoint the member mentioned in section 239(1)(a) to be the chairperson of the board.

(2)A person may be appointed as the chairperson at the same time as the person is appointed as a member.

(3)The chairperson holds office while a member under section 239(1)(a).

245Deputy chairperson of board

(1)The board must appoint a member, other than the chairperson, to be the deputy chairperson of the board.

(2)The deputy chairperson holds office for the term decided by the board.

(3)A vacancy occurs in the office of deputy chairperson if the person holding office—

(a)resigns it by giving notice of the resignation to the Minister; or

(b)ceases to be a member of the board.

(4)However, a person resigning the office of deputy chairperson may continue to be a member of the board.

(5)The deputy chairperson is to act as chairperson—

(a)during a vacancy in the office of chairperson; and

(b)during all periods when the chairperson is absent from duty or, for another reason, can not perform the functions of the office.