Northern Territory Numbered Acts Northern Territory Numbered ActsPart 6, Divisions 1 to 4
repeal, substitute
(1) A person may, in writing, complain to the Board about the professional conduct of a teacher or authorised person.
(2) The Board may dismiss the complaint without taking further action if the Board considers the complaint:
(a) is frivolous or vexatious; or
(b) does not relate to the professional conduct of the teacher or authorised person.
(3) The Board may do anything to inform itself in order to decide whether or not the complaint is frivolous or vexatious or relates to the professional conduct of the teacher or authorised person.
(4) If the Board dismisses the complaint under subsection (2), the Board must give the teacher or authorised person notice of the complaint, including:
(a) the details of the complaint; and
(b) the Board's decision to dismiss the complaint.
(5) If the Board does not dismiss the complaint, the Board must give the employer of the teacher or authorised person notice of the complaint, including:
(a) the details of the complaint; and
(b) the Board's decision not to dismiss the complaint.
Note for subsection (5)
If the Board does not dismiss the complaint, under section 50(3) the Board must hold a preliminary investigation or inquiry and make a decision under section 58 or 64 (as appropriate).
(6) Despite subsection (5), the Board is only required to give notice to the employer if the employer is identifiable from the details of the complaint, or otherwise known to the Board.
(1) This section applies subject to section 51.
(2) The Board must hold an inquiry in relation to a teacher or authorised person if:
(a) the Board becomes aware that the teacher or authorised person has been found guilty of an indictable offence other than a sexual offence; or
(b) the Board becomes aware that the teaching qualifications of the teacher or authorised person have been withdrawn; or
(c) the Board becomes aware that a registration authority has suspended or cancelled the teacher's registration as a teacher due to misconduct or incompetence, or has disqualified the teacher from registration as a teacher; or
(d) the Board reasonably believes the teacher was registered on the basis of false or misleading information.
(3) The Board must hold a preliminary investigation or inquiry in relation to a teacher or authorised person if:
(a) the Board receives a complaint about the professional conduct of the teacher or authorised person under section 49 and does not dismiss the complaint; or
(b) the Board otherwise becomes aware of a matter that, in the Board's opinion, calls into question whether:
(i) the teacher is eligible for registration in accordance with section 30 or 31; or
(ii) the authorised person is a fit and proper person to teach, or competent to teach, in accordance with section 42.
(4) The Board may hold a preliminary investigation or inquiry in relation to a teacher or authorised person if:
(a) the Board is notified under section 67A of an event in relation to the teacher or authorised person; or
(b) the Board becomes aware that the teacher or authorised person has been committed to trial for an indictable offence; or
(c) the Board is notified under section 75(2) of a matter in relation to the teacher or authorised person (other than a matter mentioned in subsection (2) or (3)); or
(d) the Board is notified by a registration authority of a matter in relation to the teacher or authorised person that the Board considers justifies holding a preliminary investigation or inquiry (other than a matter mentioned in subsection (2)(c)); or
(e) the Board reasonably believes the teacher has failed to comply with a condition imposed on the teacher's registration, or the authorised person has failed to comply with a condition imposed on the authorisation relating to the authorised person.
The Board may hold an inquiry only if the Board is reasonably satisfied it is in the public interest to do so.
(1) The Board may hold an inquiry in relation to a teacher or authorised person without first holding a preliminary investigation for the same matter.
(2) If the Board decides to hold a preliminary investigation, at any stage before the investigation is completed, the Board may decide to hold an inquiry:
(a) on the request of the teacher or authorised person to whom the investigation relates; or
(b) on the recommendation of the investigator conducting the investigation.
Note for section 52
Under section 58(2), the Board may also decide to hold an inquiry after a preliminary investigation.
(1) After deciding to hold an inquiry in relation to a teacher or authorised person, the Board may, if the Board considers it necessary to do so, decide to:
(a) suspend the registration of the teacher, or the authorisation relating to the authorised person; or
(b) impose a condition on, or vary a condition imposed on, the registration of the teacher or authorisation relating to the authorised person.
(2) The decision has effect until the earlier of the following:
(a) the Board revokes the decision;
(b) the Board makes a decision under section 64 in relation to the teacher or authorised person.
(3) If the Board makes a decision under subsection (1) in relation to a teacher, the Board must give the teacher an information notice for the decision.
The purpose of a preliminary investigation in relation to a teacher or authorised person is to assist the Board to decide whether or not the Board should do any of the following:
(a) take further action under this Act in relation to the teacher or authorised person without first holding an inquiry;
(b) hold an inquiry in relation to the teacher or authorised person.
Note for section 54
Section 58(3) limits the actions the Board can take without first holding an inquiry.
(1) If the Board decides to hold a preliminary investigation, the Board must appoint one of the following (the investigator ) to conduct the investigation:
(a) the Director;
(b) an investigation panel.
(2) An investigation panel must be comprised of:
(a) 2 or 3 Board members; or
(b) the Director and one or 2 Board members.
(1) Following the appointment of an investigator, the Board must give written notice of the preliminary investigation to the teacher or authorised person to whom the investigation relates.
(2) The notice must include the following information:
(a) details of the basis of the preliminary investigation as mentioned in section 50;
(b) if applicable – the names of the members of the investigation panel;
(c) a statement that the teacher or authorised person may, within 14 days after receiving the notice, give the investigator a written statement about the basis of the investigation.
(1) Except as provided by subsections (2) to (4), the investigator may decide the procedure of the preliminary investigation.
(2) The investigator is not bound by the rules of evidence, and may inform itself as it thinks fit.
(3) The investigator must observe the principles of procedural fairness.
(4) The investigator may, by written notice, require a person (including the teacher or authorised person to whom the preliminary investigation relates) to give information to the investigator.
(5) A notice under subsection (4) must include the following information:
(a) details of the basis of the preliminary investigation as mentioned in section 50;
(b) if applicable – the names of the members of the investigation panel;
(c) a direction that the person must give the specified information to the investigator within a specified time.
(6) A person given a notice under subsection (4) must comply with a direction in the notice to give information.
Maximum penalty: 20 penalty units.
(1) After completing the preliminary investigation, the investigator must recommend to the Board, in writing and with reasons:
(a) that the Board take no further action in relation to the teacher or authorised person; or
(b) that the Board take specified further action under this Act in relation to the teacher or authorised person without first holding an inquiry; or
(c) that an inquiry be held in relation to the matter.
(2) After receiving the recommendation, the Board must decide to:
(a) take no further action in relation to the teacher or authorised person; or
(b) subject to subsections (3) and (4), take specified further action under this Act in relation to the teacher or authorised person without first holding an inquiry; or
(c) hold an inquiry in relation to the matter.
(3) The Board cannot decide to take either of the following actions without first holding an inquiry:
(a) cancel the registration of the teacher or the authorisation relating to the authorised person;
(b) disqualify the teacher from registration, or the authorised person from teaching under an authorisation, for a specified period.
(4) Also, the Board must not suspend the registration of the teacher, or authorisation relating to the authorised person, except to ensure the teacher or authorised person meets a requirement before the teacher or authorised person can teach again.
(5) The Board is not bound by the recommendation of the investigator, but must take it into account in making a decision under subsection (2).
(6) If an investigation panel conducted the preliminary investigation, a Board member who was a member of the investigation panel must not:
(a) be present during any deliberations of the Board in relation to the investigation; and
(b) take part in a decision under subsection (2).
(7) The Board must give the following persons an information notice for a decision mentioned in subsection (2)(a) or (b):
(a) if the preliminary investigation was in relation to a teacher – the teacher;
(b) if the basis of the investigation was a complaint made under section 49 – the person who made the complaint.
The purpose of an inquiry in relation to a teacher or authorised person is to assist the Board to decide whether or not the Board should do any of the following:
(a) impose a condition on, or vary a condition imposed on, the registration of the teacher or authorisation relating to the authorised person;
(b) suspend the registration of the teacher, or authorisation relating to the authorised person, for a specified period;
(c) cancel the registration of the teacher or authorisation relating to the authorised person;
(d) disqualify the teacher from registration, or authorised person from teaching under an authorisation, for a specified period.
(1) If the Board decides to hold an inquiry, the Board must appoint an inquiry committee to conduct the inquiry.
(2) The inquiry committee must be comprised of:
(a) a chairperson who is a legal practitioner who has practised as a legal practitioner in Australia for at least 5 years; and
(b) 2 Board members.
(3) The members of the inquiry committee must not be persons who have been appointed to an investigation panel for a preliminary investigation in relation to the same matter.
(4) If practicable, one (but not both) of the Board members appointed to the inquiry committee must be a Board member appointed under section 7(1)(b) or (f).
(5) If a Board member is a member of an inquiry committee and his or her term of office as a Board member expires:
(a) the Board member remains a member of the inquiry committee until the completion of the inquiry; and
(b) a recommendation or decision of the inquiry committee is not affected by the expiry.
(1) Following the appointment of an inquiry committee, the Board must give written notice of the inquiry to the teacher or authorised person to whom the inquiry relates.
(2) The notice must include the following information:
(a) details of the basis of the inquiry as mentioned in section 50;
(b) the date, time and place of the inquiry;
(c) the names of the members of the inquiry committee;
(d) a statement that the teacher or authorised person may, within 14 days after receiving the notice, give the inquiry committee a written statement about the basis of the inquiry.
(1) Except as provided by subsections (2) to (9), the inquiry committee may decide the procedure of the inquiry.
(2) The teacher or authorised person to whom the inquiry relates may be represented by a person (who may be a legal practitioner) at the inquiry.
(3) The proceedings of the inquiry must be conducted with as little formality and technicality, and as quickly, as a proper consideration of the subject matter allows.
(4) However, if criminal proceedings have been or are likely to be started in relation to the same matter, the inquiry committee may suspend the inquiry until the outcome of the criminal proceedings is known.
(5) The inquiry committee is not bound by the rules of evidence, and may inform itself as it thinks fit.
(6) The inquiry committee must observe the rules of procedural fairness.
(7) Unless the inquiry committee decides otherwise, the inquiry is open to the public.
(8) The inquiry committee may, by written notice, require a person (including the teacher or authorised person to whom the inquiry relates) to:
(a) appear before the inquiry committee; or
(b) give information to the inquiry committee.
(9) A notice under subsection (8) must include the following information:
(a) details of the basis of the inquiry as mentioned in section 50;
(b) the date, time and place of the inquiry;
(c) the names of the members of the inquiry committee;
(d) a direction that the person must:
(i) appear before the inquiry committee, either in person or by another specified means; or
(ii) give the inquiry committee specified information within a specified time.
(10) A person given a notice under subsection (8) must comply with a direction in the notice to:
(a) appear before the inquiry committee; or
(b) give information to the inquiry committee.
Maximum penalty: 20 penalty units.
The inquiry committee must, in writing, report its findings and recommendations to the Board as soon as practicable after completing the inquiry.
(1) After receiving the report of the inquiry committee, the Board must decide to do one or more of the following:
(a) impose a condition on, or vary a condition imposed on, the registration of the teacher or authorisation relating to the authorised person;
(b) suspend the registration of the teacher, or authorisation relating to the authorised person, for a specified period;
(c) cancel the registration of the teacher or authorisation relating to the authorised person;
(d) disqualify the teacher from registration, or authorised person from teaching under an authorisation, for a specified period;
(e) take no further action in relation to the teacher or authorised person.
(2) However, the Board must not suspend the registration of the teacher, or authorisation relating to the authorised person, except to ensure the teacher or authorised person meets a requirement before the teacher or authorised person can teach again.
(3) Also, the Board may take an action mentioned in subsection (1)(c) or (d) in relation to a teacher or authorised person only if satisfied:
(a) the teacher is not eligible for registration in accordance with section 30 or 31; or
(b) the authorised person is not a fit and proper person to teach, or not competent to teach, in accordance with section 42.
(4) The Board is not bound by the findings and recommendations of the inquiry committee, but must take the findings and recommendations into consideration in making a decision under subsection (1).
(5) A Board member who was a member of the inquiry committee, or an investigation panel for a preliminary investigation in relation to the same matter, must not:
(a) be present during any deliberations of the Board in relation to the inquiry; or
(b) take part in a decision under subsection (1).
The Board must give the following persons an information notice for a decision under section 64:
(a) if the inquiry was in relation to a teacher – the teacher;
(b) if the basis of the inquiry was a complaint under section 49 – the person who made the complaint.
(1) The Board may, by written notice, require a registered teacher, or a teacher whose registration is suspended, to give the Board specified information that is required by the Board to assess whether the teacher:
(a) continues to be eligible for registration; or
(b) is complying with a condition imposed on the teacher's registration.
(2) If the teacher fails to comply with the request within 28 days after receiving the notice, the Board may cancel the teacher's registration by written notice to the teacher.
(1) The Board must notify the employer of a teacher, and may notify a former employer of a teacher, if the Board:
(a) imposes a condition on, or varies a condition imposed on, the registration of the teacher under this Part; or
(b) suspends or cancels the registration of the teacher; or
(c) disqualifies the teacher from registration.
(2) The Board must notify an authorised person if the Board:
(a) imposes a condition on, or varies a condition imposed on, the authorisation relating to the authorised person; or
(b) suspends or cancels the authorisation relating to the authorised person; or
(c) disqualifies the authorised person from teaching under an authorisation for a specified period.
(3) The Board must also notify the employer of the authorised person, and may notify a former employer of the authorised person, if the Board takes an action mentioned in subsection (2).
(4) The Board must notify each registration authority in Australia and New Zealand if the Board:
(a) suspends or cancels the registration of a teacher, or an authorisation relating to an authorised person; or
(b) disqualifies a teacher from registration, or authorised person from teaching under an authorisation, for a specified period.
(5) The Board may also, on the request of the registration authority, notify:
(a) a registration authority outside Australia and New Zealand as to whether or not the Board has taken any of the following actions in relation to a particular person:
(i) suspended or cancelled the person's registration, or an authorisation relating to the person;
(ii) disqualified the person from registration, or from teaching under an authorisation, for a specified period; and
(b) a registration authority as to whether or not the Board has imposed a condition on the registration of, or the authorisation relating to, a particular person.
(6) A notice about an action of the Board under this section must include details of the action as the Board considers appropriate and be given as soon as practicable.
(7) The Board must give notice to each person notified of an action of the Board under this section if the Board cancels or changes the action.
(1) An employer of a relevant person must notify the Board in writing if any of the following events occur:
(a) the employer dismisses the person;
(b) the person resigns or otherwise leaves the employment of the employer, in circumstances that call into question the person's competence or fitness to teach;
(c) the employer takes any action against the person in relation to the serious misconduct, or lack of competence or fitness to teach, of the person.
(2) The notice must:
(a) be given within 28 days after the occurrence of the event; and
(b) specify full details of the event and the circumstances involved.
Maximum penalty: 50 penalty units.
(1) A relevant person must notify the Board in writing if:
(a) the person is committed to trial for a sexual offence or another indictable offence; or
(b) the person is found guilty of a sexual offence or another indictable offence.
(2) The notice must:
(a) be given within 14 days after the committal or finding; and
(b) specify the offence and whether the person has been committed to trial for, or found guilty of, the offence.
Maximum penalty: 50 penalty units.