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REGISTRATION OF TEACHERS BILL

2. Commencement
This Act comes into operation on the date fixed by the Administrator by notice in the Gazette.

(2) The Board consists of the following members:

(a) 2 persons appointed by the Administrator on the nomination of the Secretary of the Department of Education;

(b) 3 persons appointed by the Administrator on the nomination of the Northern Territory branch of the Australian Education Union;

(c) 2 indigenous persons appointed by the Administrator on the nomination of the Indigenous Education Advisory Council – Northern Territory;

(d) one person appointed by the Administrator on the nomination of the Northern Territory Principals Association;

(e) one person appointed by the Administrator on the nomination of the Association of Independent Schools;

(f) one person appointed by the Administrator on the nomination of the Independent Education Union;

(g) one member appointed by the Administrator on the nomination of the Catholic Education Office;

(h) one person appointed by the Administrator on the nomination of the Northern Territory University;

(j) one person appointed by the Administrator on the nomination of the Batchelor Institute of Indigenous Tertiary Education; and

(k) one person appointed by the Administrator on the nomination of the Council of Government School Organisations.

(3) The members of the Board must elect one of their number to be the Chairperson of the Board, and another to be the Deputy Chairperson.

(4) The Chairperson presides at all meetings of the Board at which he or she is present, and in the absence of the Chairperson the Deputy Chairperson is to preside.

(5) The election of the Chairperson and the Deputy Chairperson is to be held on an annual basis, but a member may be re-elected to such an office.

(6) The Board may, whenever it thinks fit, co-opt a person from the relevant agency for Children's Services to act as a member of the Board.

(7) The Board must co-opt a person who is a legal practitioner of not less than 5 years standing to be a member of the Board for the purposes of conducting an inquiry under Division 4.

4. Terms and conditions on which members of the Board hold office
(1) Subject to this Act, a member of the Board is appointed for 3 years and on the expiry of the term the member is eligible for reappointment.

(2) The Administrator may appoint a suitable person to be a deputy of a member of the Board (other than a co-opted member), and any person so appointed is entitled to act as a member of the Board if the member of the Board of whom he or she has been appointed a deputy is absent or unable to perform the duties of office.

(3) The Administrator may remove a member of the Board from office for –

(a) mental or physical incapacity to satisfactorily perform the duties of the office;

(b) neglect of duty;

(c) dishonourable conduct; or

(d) any other cause considered sufficient by the Administrator.

(4) The office of a member of the Board becomes vacant if –

(a) the member dies;

(b) the member's term of office expires;

(c) the member resigns by written notice addressed to the Minister; or

(d) the member is removed from office by the Administrator under subsection (3).

(5) If the office of a member of the Board becomes vacant before the expiry of the term for which the member was appointed, a person appointed to fill the vacancy is to be appointed only for the balance of the term of his or her predecessor.

5. Quorum, etc.
(1) At a meeting of the Board 8 members constitutes a quorum and no business is to be transacted at a meeting unless a quorum is present.

(2) A decision carried by a majority of the votes cast by the members present at a meeting of the Board is a decision of the Board.

(3) Each member of the Board is entitled to one vote on any matter arising for the decision of the Board.

(4) Subject to this Act, the business of the Board is to be conducted in the manner that the Board thinks fit.

6. Validity of acts of Board and immunity of its members
(1) An act or proceeding of the Board is not invalidated by reason only of a vacancy in its membership or a defect in the nomination or appointment of a member.

(2) No liability attaches to a member of the Board for any act or omission by him or her, or by the Board, in good faith and in the exercise of his, her or its powers or functions, or in the discharge of his, her or its duties, under this Act.

(3) A liability that would, but for subsection (2), attach to a member of the Board attaches to the Crown.

(a) to establish, maintain and operate a system of registration of teachers with a view to safeguarding the public interest in pre-school, primary and secondary education by ensuring that it is undertaken only by competent persons;

(b) to facilitate the professional development of teachers in the Territory;

(c) to investigate any allegations of serious misconduct by a teacher in the Territory;

(d) to facilitate positive community attitudes to the profession of teaching;

(e) to undertake and commission appropriate research into teaching and matters related to teaching;

(f) to develop, in co-operation with the teaching profession, guidelines relating to ethical issues and professional performance and conduct; and

(g) to determine and promulgate policy in relation to the cancellation of registration after an enquiry under Division 4.

(2) In performing its functions under this Act, the Board is to confer and collaborate with the Northern Territory University and the Batchelor Institute of Indigenous Tertiary Education with a view to ensuring that students who wish to be trained for the teaching profession receive the requisite education and training for registration under this Part.

(3) The Board is to collaborate with authorities exercising similar functions in the States and other Territories of Australia and as far as practicable with authorities exercising similar functions elsewhere with a view to promoting uniformity in the standards and qualifications required for admission to the teaching profession.

(4) The Board may establish committees to advise it in the performance of its functions.

8. Qualifications for registration
(1) A person who proves to the satisfaction of the Board –

(a) that he or she is a fit and proper person to be registered under this Act; and

(b) that –

(i) he or she holds prescribed qualifications and has had prescribed experience as a teacher; or

(ii) he or she has obtained qualifications and has had experience as a teacher adequate, in the opinion of the Board, for the purpose of registration,

is to be, on payment of the prescribed fee, registered as a teacher.

(2) The Board may provisionally register any applicant for registration despite that he or she does not have the qualifications and experience required for registration under subsection (1).

(3) Provisional registration is, subject to this Part, effective for such period not exceeding 5 years as may be determined by the Board.

(4) The Board may grant registration, or provisional registration, of a teacher subject to conditions –

(a) restricting the subjects that he or she may teach; or

(b) restricting the kind, level or grade of instruction that he or she may provide.

9. Renewal of registration
(1) If a person is registered, or provisionally registered, as a teacher under this Part, the registration is effective until 31 January last occurring before the expiration of 3 years from the grant of the registration.

(2) If a registered teacher has applied in the prescribed manner for an extension of the period of his or her registration and has paid the prescribed fee, an extension or further extension of the period of registration for a period of 3 years expiring on 31 January is, subject to subsection (3), to be granted by the Board.

(3) No extension of a period of provisional registration is to be granted beyond the limits determined in relation to that provisional registration by the Board.

(a) accept or undertake employment in a Government or registered non-Government school –

(i) as a teacher; or

(ii) as administrator of the school or as administrator or supervisor of any course of instruction in pre-school, primary or secondary education that is provided at the school;

(b) accept or undertake employment in a recognised pre-school –

(i) as a teacher; or

(ii) as administrator of the pre-school or as administrator or supervisor of any course of instruction in pre-school education that is provided at the pre-school;

(c) provide, or offer to provide, for fee or reward, instruction in any course of primary or secondary education; or

(d) undertake employment in the Department of Education in a professional capacity that is directly related to the practice of teaching,

unless that person is registered as a teacher.

Penalty: One penalty unit.

(2) The Board may grant an authority under subsection (1) –

(a) in respect of any specified person;

(b) in respect of persons of a specified class; or

(c) in respect of any person holding office in any specified pre-schools or schools.

(3) A registered teacher must not provide, or offer to provide, for fee or reward, instruction that he or she is not entitled to provide in accordance with the terms and conditions upon which he or she is registered.

Penalty: One penalty unit.

(4) The Minister may, on the recommendation of the Board, by instrument published in the Gazette, suspend the operation of this section to such extent as he may consider necessary or expedient in the public interest.

11. Offences
(1) A person who fraudulently obtains registration, or a certificate of registration, as a teacher under this Act commits an offence.

Penalty: 5 penalty units or imprisonment for six months.

(2) A person who fraudulently procures for any other person registration, or a certificate of registration, as a teacher under this Act commits an offence.

Penalty: 5 penalty units or imprisonment for six months.

(3) A person who fraudulently impersonates, or represents himself or herself as being, a person registered as a teacher under this Act, or lawfully entitled to be employed as a teacher when in fact he or she is not entitled to be so employed, commits an offence.

Penalty: 5 penalty units or imprisonment for six months.

(4) A person must not assume the title "registered teacher", either alone or in combination with any other word or words or letters, or any name, title or description implying that the person is a registered teacher or is recognised by law as such, unless that person is registered as a teacher under this Part.

Penalty: 5 penalty units.

(2) If after conducting an inquiry under subsection (1) the Board is satisfied that the registered teacher –

(a) is guilty of gross incompetence;

(b) is guilty of disgraceful or improper conduct; or

(c) is subject to a serious mental or physical incapacity as a result of which he or she is unable properly to exercise and discharge the functions and duties of a registered teacher,

the Board must cancel the registration of the teacher.

13. Powers of Board on inquiry
(1) For the purposes of an inquiry under this Division, the Board may do any of the following:

(a) by summons signed on behalf of the Board by a member of the Board – require the attendance before the Board of any person;

(b) by summons signed on behalf of the Board by a member of the Board – require the production of any books, papers or documents;

(c) inspect any books, papers or documents produced before the Board and retain them for such reasonable period as it thinks fit and make copies of any of them or of any of their contents;

(d) require any person to make an oath or affirmation that he or she will truthfully answer all questions put to him or her by the Board or by any person appearing before the Board (which oath or affirmation may be administered by any member of the Board);

(e) require any person appearing before the Board, including a person whose conduct is subject to an inquiry (whether he or she has been summoned to appear or not ), to answer any relevant questions put to him or her by any member of the Board or by any person appearing before the Board.

(2) Subject to subsection (3), if any person –

(a) who has been served with a summons to attend before the Board fails without reasonable excuse to attend in obedience to the summons;

(b) who has been served with a summons to produce any books, papers or documents fails without reasonable excuse to comply with the summons;

(c) misbehaves before the Board, wilfully insults the Board or any member of the Board or interrupts the proceedings of the Board; or

(d) refuses to be sworn or to affirm or to answer any relevant question when required to do so by the Board,

the person commits an offence.

Penalty: 5 penalty units.

(3) A person is not obliged to answer any question put to him or her under this section if the answer to the question would tend to incriminate him or her, or to produce any books, papers or documents if their contents would tend to incriminate him or her.

(4) In the course of any inquiry, the Board may –

(a) receive in evidence any transcript of evidence in proceedings before a court and draw any conclusions of fact from the evidence that it considers proper; or

(b) adopt, as in its discretion it considers proper, any findings, decision or judgment of a court that may be relevant to the proceedings.

14. Notice of inquiry
(1) The Board must give to a person whose conduct is subject to an inquiry under this Part at least 21 days notice of the time and place at which it proposes to hold the inquiry and must afford that person a reasonable opportunity to call or give evidence, to examine or cross-examine witnesses and to make submissions to the Board.

(2) If the person to whom notice is given under subsection (1) does not attend at the time and place fixed by the notice, the Board may proceed with the inquiry in his or her absence.

(3) A person whose conduct is subject to an inquiry under this Part may appear before the Board personally or by counsel or other representative.

15. Board to give reasons for its decision
The Board must, if so required by any person against whom a decision has been made under this Act, state in writing the reasons for its decision.

(2) The appeal must be instituted within one month of the making of the decision or order appealed against, but the court may, if it is satisfied that it is just and reasonable in the circumstances to do so, dispense with the requirement that the appeal should be so instituted.

(3) If the reasons of the Board are not given in writing at the time of making the decision and the appellant then requests the Board to state its reasons in writing, the time for instituting an appeal under this Part against that decision runs from the time the appellant receives a written statement of those reasons.

(4) The court may, on the hearing of the appeal, do one or more of the following:

(a) affirm, vary or quash the decision appealed against or substitute, or make in addition, any decision that should have been made in the first instance;

(b) remit the subject matter of the appeal to the Board for further hearing or consideration;

(c) make any order as to costs, or as to any other matter, that the case may require.

(2) The Registrar is to perform the duties and functions as are determined by the Board.

18. Register to be kept
(1) The Registrar must cause a register to be kept in which is entered the names of all teachers registered under this Act and such other information as may be determined by the Board.

(2) The register is to be available for public inspection at such times and places as may be determined by the Board.

(3) The name of any registered teacher who dies, whose registration is not renewed or whose registration is cancelled is to be removed from the register.

19. Regulations
(1) The Administrator may make regulations, not inconsistent with this Act, prescribing matters –

(a) required or permitted by this Act to be prescribed; or

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.