Section 19 of the Principal Act is repealed and the following sections are substituted:

19.     Complaints

(1)  A person may complain to the Board about the professional conduct of a person who is or was –

(a) a registered teacher; or

(b) a holder of a limited authority.

(2)  A complaint is to –

(a) be in writing; and

(b) disclose the name and address of the complainant; and

(c) be signed by the complainant.

(3)  As soon as reasonably practicable after receiving a complaint, the Board, in writing –

(a) is to provide notice of the making of the complaint, the name of the complainant and the contents of the complaint to –

(i) the person who is the subject matter of the complaint; and

(ii) if the employers of that person, both current and at the time the behaviour that constitutes the basis of the complaint occurred, are identifiable from the details of the complaint or otherwise known to the Board, those employers; and

(b) may require the complainant to provide information or documents, as the Board considers appropriate, to the Board within the reasonable period specified in the requirement.

(4)  If a complainant changes his or her name or address, the complainant is to notify the Board, in writing, of that change.

19A.     Preliminary assessment of complaint

(1)  On receiving a complaint, the Board is to conduct a preliminary assessment of it for the purpose of determining whether an inquiry should be held in respect of the complaint.

(2)  In conducting the preliminary assessment, the Board may make such inquiries, and obtain such information and documents, as it considers necessary.

(3)  On completing the preliminary assessment of the complaint, the Board may –

(a) determine that an inquiry should be held in respect of the complaint if reasonably satisfied that it is in the public interest to do so; or

(b) dismiss the complaint if –

(i) the Board is of the opinion that the complaint is vexatious, misconceived, frivolous or lacking in substance; or

(ii) the behaviour complained about has been the subject of a previous complaint that has been dismissed; or

(iii) the behaviour complained about has been the subject of a previous complaint in respect of which an inquiry has been held; or

(iv) the behaviour complained about is the subject of an existing complaint in respect of which an inquiry has been or is being held; or

(v) information or documents required by the Board under section 19(3)(b) have not been provided to the Board; or

(vi) the Board is not reasonably satisfied that it is in the public interest to hold an inquiry; or

(vii) the Board is of the opinion that the complaint should be made to another person, body or Agency within the meaning of the State Service Act 2000 ; or

(viii) the Board is of the opinion that it is impossible or inappropriate to hold an inquiry after considering the circumstances surrounding the behaviour complained about and the making of the complaint, including the time elapsed since the behaviour occurred.

(4)  If the Board dismisses the complaint, it is to notify, in writing, the complainant and all persons notified of the making of the complaint under section 19(3)(a) of the reasons for dismissing it.