Teacher Registration Act 2012 (WA)

Western Australia Teacher Registration Act 2012 Western Australia Teacher Registration Act 2012 Contents Part 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used 1 4. Crown bound 9 5. Best interests of children paramount 9 Part 2 — Teaching by unregistered persons and related offences 6. Requirement to be registered 10 7. Requirements in relation to appointing, employing or engaging registered teachers or giving permission to teach 10 8. Registered teachers must comply with suspension and conditions on registration 11 9. Pretending to be registered or entitled to teach 11 Part 3 — Registration of teachers Division 1 — Registration of teachers Subdivision 1 — Registration applications 10. Application for registration 13 11. Application for renewal of registration 14 12. Applicant for limited registration is employer 14 12A. Application to change category of registration 14 13. Information in support of registration application 15 14. Board may refuse to consider some registration applications 16 Subdivision 2 — Requirements for registration 16. Provisional (returning teacher) registration: requirements 17 16A. Provisional (graduate teacher) registration: requirements 18 17. Limited registration: requirements 18 18. Non‑practising registration: requirements 19 18A. Teaching qualification requirements 19 19. Only natural persons may be registered as teachers 20 20. Professional standards 20 20A. Professional learning activities policy 20 Subdivision 3 — Registration 21. Grant of registration 21 22. Renewal of registration 22 22A. Change of category of registration 23 23. Duration of full registration or provisional registration 24 23A. Duration of limited registration 26 23B. Duration of limited registration when teaching position ends 27 23C. Duration of non‑practising registration 28 24. Who is a fit and proper person 28 Subdivision 4 — Conditions and cancellation 25. Conditions generally 30 26. Conditions imposed by the Board 30 26A. Condition of non‑practising registration 31 27. Cancellation of registration by Board 32 28. Cancellation of registration at teacher's request 33 Subdivision 5 — Notice of decisions and opportunity to show cause why some decisions should not be made 29. Notice of decisions on registration must be given 34 30. Notice of decisions to impose, modify or cancel a condition made during currency of registration 35 31. Notice of cancellation or reinstatement of registration must be given 35 32. Board to give reasonable opportunity to show cause why some decisions should not be made 36 Subdivision 6 — General provisions 33. Effect of cancellation of registration 36 35. Annual fees 37 Division 2 — The register 36. Register of teachers to be kept 37 37. Inspection of register 37 Part 4 — Board to be given notice, and may obtain criminal history checks, in some circumstances Division 1 — Notices to be given Subdivision 1 — Notices to be given by registered teachers 38. Notice about legal actions 40 39. Notice about loss of qualifications 41 40. Notice about working with children notices and assessments 41 Subdivision 2 — Notices to be given by other persons 41. Commissioner of Police must give notice about prosecutions of registered teachers 42 41A. Commissioner of Police may give notice about victims and witnesses in relation to prosecutions of registered teachers 42 41B. DPP must give notice about prosecutions of registered teachers 43 42. Employers must give notice when teachers cease teaching in cases of serious incompetence or misconduct 44 42A. No liability for disclosing information 44 Division 2 — Criminal history checks 43. Board may request consent to obtain criminal history check 45 44. Criminal history check 45 Division 3 — Board to consider notices and criminal history checks received 45. Action to be taken by Board on receiving notice or criminal history check 46 Part 5 — Disciplinary matters, impairment matters and investigations Division 1 — Preliminary 46. Terms used 47 47. Disciplinary matters 47 48. Impairment matters 48 48A. Serious incompetence 48 48B. Serious misconduct 48 48C. Board's powers of investigation 49 48D. Protection for compliance with direction 50 Division 2 — Disciplinary committee and impairment review committee 49. Disciplinary committee 51 50. Impairment review committee 52 Division 3 — Complaints, assessments and investigations 51. Making a complaint 53 51A. Complaints formulated by Board 54 51B. Assessments and investigations 55 52. Teacher must be notified of complaint 55 Division 4 — Dealing with and referring complaints 53. Dealing with and referring complaints 56 54. Board to provide report to committee 57 55. Committee may make requests or recommendations to Board about complaints 57 57. Complaints without substance 59 Division 5 — Interim orders 58. Interim orders generally 59 59. Interim orders may be made if teacher poses risk of harm 60 60. Interim orders must be made if teacher charged with actionable offence 61 61. Matters for which interim orders made must be referred to Tribunal 61 Division 6 — Role of disciplinary committee Subdivision 1 — Initial assessment of complaints 62. Initial assessment 62 Subdivision 2 — Inquiries 63A. Hearings 63 64. Inquiry: procedure and evidence 63 65. Rights of teacher as to evidence and witnesses 64 66. Evidence and findings in other proceedings 64 67. Representation at inquiry 65 68. Inquiry powers 65 68A. Failure to comply with direction 67 68B. Protection for compliance with direction 68 68C. Disruption of inquiry 68 68D. Immunity for person performing inquiry functions 68 69. Record of inquiry 69 70. Decision of disciplinary committee after inquiry 69 Division 7 — Role of impairment review committee Subdivision 1 — Initial assessment of complaints and other matters 71. Initial assessment 71 72. Complaints must be dismissed when registration is cancelled or ends 72 Subdivision 2 — Inquiries 73. Impairment review committee may conduct inquiry into certain complaints 72 74. Registered teacher must be notified about inquiry 73 74A. Hearings 73 75. Impairment matter: procedure and evidence 73 75A. Rights of teacher as to evidence and witnesses 74 75B. Representation in relation to impairment matters 74 75C. Immunity for person performing inquiry functions 75 76. Health assessments 75 77. Report of health assessment must be given to impairment review committee and teacher 76 77A. Powers when dealing with impairment matters 77 77B. Failure to comply with direction 78 77C. Protection for compliance with direction 79 77D. Disruption of inquiry 80 77E. Immunity for person performing inquiry functions 80 77F. Record of inquiry 80 78. Decision of impairment review committee after inquiry 80 79. Recommendation 82 80. Decision of Board after consideration of recommendation of impairment review committee 82 Subdivision 3 — Imposing or modifying conditions in relation to complaints about impairment matters 81. Imposing or modifying conditions 83 82. Cancellation of condition 84 Division 8 — Tribunal Subdivision 1 — Referrals to Tribunal 83. Complaints and matters referred to Tribunal 85 Subdivision 2 — Tribunal 84. Jurisdiction of Tribunal 85 84A. Health assessments ordered by Tribunal 88 84B. Interlocutory orders to suspend registered teachers 89 Division 9 — Notice of orders and decisions made under this Part 85. Notice of orders and decisions made under this Part 90 Part 6 — Teacher Registration Board Division 1 — Establishment 86. Board established 92 87. Membership of Board 92 88. Remuneration and allowances 92 Division 2 — Functions and powers 89. Functions 93 90. Powers 93 91. Delegation by Board 94 Division 3 — Staff and services 92. Staff and services 94 Division 4 — Relationship of Board with Minister 93. Directions by Minister 95 94. Minister to have access to information 95 Division 5 — Constitution and proceedings of Board Subdivision 1 — General provisions 95. Term of office 97 96. Casual vacancies 97 97. Deputy chairperson acting as chairperson 98 98. Alternate members 98 99. Holding meetings 99 100. Quorum 99 101. Presiding at meetings 99 102. Procedure at meetings 99 103. Voting 100 104. Holding meetings remotely 100 105. Resolution without meeting 100 106. Minutes 100 107. Committees 100 Subdivision 2 — Disclosure of interest 108. Disclosure of interest 101 109. Voting by interested Board member 102 110. Section 109 may be declared inapplicable 102 111. Quorum where section 109 applies 102 112. Minister may declare sections 109 and 111 inapplicable 103 Division 6 — General 113. Execution of documents by Board 103 114. Annual report of Board 104 115. Teacher Registration Board Account 104 Part 7 — Miscellaneous Division 1 — Publishing and using information 116. Term used: publish 106 117. Confidentiality of information 106 118. Publication of information 107 118A. Provision of information to Australian Teacher Workforce Data Initiative 109 Division 1A — Accreditation standards 118B. Accreditation standards 109 Division 2 — Legal proceedings 119. Legal proceedings 110 120. Evidence Act 1906 not affected 110 121. Evidentiary matters 111 122. Evidentiary certificate 111 123. Recovery of amounts due 112 Division 3 — Review by Tribunal 124. Review by Tribunal of certain decisions 112 Division 4 — Other matters 125. Relationship with Equal Opportunity Act 1984 114 126. Protection from liability 114 127. False or misleading information 114 128. Regulations 115 129. Forms 117 130. Review of Act in relation to Teacher Registration Amendment Act 2023 117 Part 8 — Repeals and transitional matters Division 1 — Interpretation Act 1984 not affected 131. Interpretation Act 1984 not affected 119 Division 2 — Repeals 132. Western Australian College of Teaching Act 2004 repealed 119 133. Western Australian College of Teaching Regulations 2004 repealed 119 134. Western Australian College of Teaching (Elections) Regulations 2007 repealed 119 Division 3 — Transitional provisions arising from the enactment of the Teacher Registration Act 2012 Subdivision 1 — Terms used 135. Terms used 120 Subdivision 2 — Registration 136. Current registration continues 121 137. Registration of persons not currently registered at commencement day 121 Subdivision 3 — Former Board abolished 138. Former Board abolished 123 139. Unfinished proceedings 123 Subdivision 4 — Assets and liabilities of the College, other than those relating to real property, transferred 140. This Subdivision does not apply in respect of real property 123 141. Transfer of assets, liabilities, etc. 123 142. Winding-up 124 143. Final report 125 144. Records etc. to be delivered to CEO 125 Subdivision 5 — Staff under WACOT Act 145. Staff under WACOT Act — transition of employment 125 Subdivision 6 — Other matters 146. Disciplinary proceedings 126 147. Orders made under WACOT Act 126 148. References to College or former Board 126 149. Transitional regulations 127 Division 4 — Application of Act to individual who was WACOT teacher 149A. Terms used 128 149B. Application of Act to individual who was WACOT teacher 128 Part 8A — Transitional provisions for Teacher Registration Amendment Act 2023 Division 1 — Preliminary 149C. Terms used 134 149D. Application of Interpretation Act 1984 not affected 134 Division 2 — Applications undecided before commencement day 149E. Applications for full registration 135 149F. Applications for full registration renewal 136 149G. Applications for provisional registration 137 149H. Applications for provisional registration renewal 138 149I. Applications for limited registration 139 149J. Applications for limited registration renewal 140 149K. Applications for non‑practising registration 140 149L. Applications for extension of non‑practising registration 141 149M. Fit and proper person 142 Division 3 — Registration 149N. Teachers holding full registration before commencement day 142 149O. Teachers holding provisional registration before commencement day 143 149P. Teachers holding non‑practising registration who notified Board they commenced teaching before commencement day 145 149Q. Teachers holding non‑practising registration who had not notified Board they commenced teaching before commencement day 146 149R. Teachers holding limited registration before commencement day 147 Division 4 — Professional standards, professional learning activities policy and accreditation standards 149S. Professional standards, professional learning activities policy and accreditation standards before commencement day repealed 148 Division 5 — Investigations, complaints, inquiries, proceedings and other matters 149T. Conduct before commencement day 149 149U. Investigations commenced before commencement day 150 149V. Complaints made before commencement day 150 149W. Interim disciplinary orders made before commencement day 150 149X. Inquiries commenced before commencement day by disciplinary committee 151 149Y. Complaints referred to impairment review committee before commencement day 151 149Z. Complaints referred to Tribunal before commencement day 153 149ZA. Disqualifications ordered before commencement day 153 149ZB. Employers to give notice when teachers cease teaching in cases of serious incompetence or misconduct 154 Division 6 — Transitional regulations 149ZC. Transitional regulations 154 Part 9 — Amendments to other Acts Division 1 — Western Australian College of Teaching Act 2004 amended 150. Western Australian College of Teaching Act 2004 amended 157 151. Long title amended 157 152. Section 3 replaced 157 3. Terms used 157 153. Section 7 amended 158 154. Sections 9 to 13 deleted 158 155. Section 15 amended 158 156. Sections 16 to 18 replaced 158 16. Term used: residual affairs 158 17. Function of College 159 18. Powers of College 159 157. Sections 19 to 21 deleted 159 158. Section 25 amended 159 159. Section 26 replaced 160 26. Funds available to the College 160 160. Sections 27 to 29 deleted 160 161. Parts 4 to 9 deleted 160 162. Schedules 1 to 4 deleted 160 Division 2 — Other Acts amended 163. Children and Community Services Act 2004 amended 161 164. Constitution Acts Amendment Act 1899 amended 161 165. Oaths, Affidavits and Statutory Declarations Act 2005 amended 161 167. Prostitution Amendment Act 2008 amended 162 168. Sentencing Act 1995 amended 162 169. Spent Convictions Act 1988 amended 162 170. State Administrative Tribunal Act 2004 amended 163 Notes Compilation table 164 Other notes 164 Defined terms Western Australia Teacher Registration Act 2012 An Act to — * provide for the establishment of the Teacher Registration Board of Western Australia; and * provide for the regulation of the teaching profession in Western Australia; and * facilitate the establishment, implementation and administration of an inter‑jurisdictional accreditation scheme for teacher education programmes; and * repeal the Western Australian College of Teaching Act 2004 and the regulations made under that Act; and * make consequential amendments to various Acts, and for related purposes.