Teacher Accreditation Act 2004 (NSW)

Teacher Accreditation Act 2004 No 65

An Act to make provision for professional teaching standards and the accreditation of teachers in relation to those standards; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Teacher Accreditation Act 2004.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Definitions (1) In this Act— accreditation means accreditation under Part 4, and includes provisional accreditation or conditional accreditation under that Part. accredited means accredited for the time being under Part 4, and includes provisionally accredited or conditionally accredited under that Part. approved course means an initial teacher education course or program approved by the Minister in accordance with the professional teaching standards. Authority means the NSW Education Standards Authority constituted under the Education Standards Authority Act 2013. Children's Guardian means the Children's Guardian appointed under the Children's Guardian Act 2019, section 115. degree means a degree that meets the specifications under the Australian Qualifications Framework. dismiss includes— (a) in the case of a teacher who is appointed on probation—the annulment of that appointment, or (b) in the case of a teacher employed on a casual basis—dispensing with the services of the teacher. early childhood education centre or centre means the following, but does not include a family day care service or an out-of-school hours or vacation care service— (a) an approved education and care service within the meaning of the Children (Education and Care Services) National Law (NSW) or the Children (Education and Care Services) Supplementary Provisions Act 2011, (b) a service or facility of a class declared by the regulations to be an early childhood education centre. employ includes engage or appoint. exercise a function includes perform a duty. function includes a power, authority or duty. government school and non-government school have the same meanings as in the Education Act 1990. non-centre based teacher means a person— (a) who holds a degree or teaching qualification recognised by the Authority, and (b) who is not teaching in an early childhood education centre but has taught in an early childhood education centre for a period of not less than the period prescribed for the purposes of this definition by the regulations or the rules of the Authority, and (c) who is employed to undertake any of the following— (i) duties relating to the development or implementation of the curriculum for early childhood education, (ii) duties relating to the learning and wellbeing of children who attend early childhood education centres, (iii) duties relating to curriculum teaching and learning in early childhood education centres, (iv) duties as an early childhood education lecturer or tutor in a university or other higher education institution in New South Wales, (v) duties as an educational consultant for early childhood education centres. non-school based teacher means a person— (a) who holds a degree or teaching qualification recognised by the Authority, and (b) who is not teaching in a school but has taught in a school for a period of not less than the period prescribed for the purposes of this definition by the regulations or the rules of the Authority, and (c) who is employed to undertake any of the following— (i) duties relating to the development or implementation of the curriculum (including assessment and reporting) for primary and secondary education, (ii) duties relating to the learning and wellbeing of school students, (iii) duties relating to curriculum teaching and learning in schools, (iv) duties as a K–Year 12 education lecturer or tutor in a university or other higher education institution in New South Wales, (v) duties as an educational consultant for schools. non-teaching school counsellor means a school counsellor who is not teaching in a school. professional development includes formal and informal learning activities designed to maintain and enhance the knowledge and skills of teachers. professional teaching standards means the professional teaching standards approved by the Minister from time to time under section 19. relevant complaint about a person means an allegation that— (a) the person has engaged in misconduct, or (b) the person is incompetent in performing the work of a teacher, or (c) the person has failed to comply with the professional teaching standards. roll of teachers means the roll maintained by the Authority under Part 3. rules of the Authority means rules made by the Authority under section 25 of the Education Standards Authority Act 2013.