Sections 5 and 6 of the Principal Act are repealed and the following sections are substituted:

5.     Continuation of Board

(1)  The Teachers Registration Board established by this Act as in force immediately before the commencement of the Teachers Registration Amendment Act 2009 is continued as the Teachers Registration Board of Tasmania.

(2)  The Board –

(a) is a body corporate with perpetual succession; and

(b) may have a seal; and

(c) may sue and be sued in its corporate name.

(3)  If the Board has a seal –

(a) it is to be kept and used as authorised by the Board; and

(b) all courts and persons acting judicially must take judicial notice of the imprint of the seal on a document and presume that it was duly sealed by the Board.

6.     Membership of Board

(1)  The Board consists of the following persons appointed by the Minister:

(a) a chairperson;

(b) a practising teacher appointed from nominations by practising teachers in State schools, the Tasmanian Academy and the Tasmanian Polytechnic;

(c) a person nominated by the Department;

(d) a person nominated by an organisation representing non-Catholic registered schools;

(e) a person nominated by an organisation representing Catholic registered schools;

(f) a practising teacher in a State school, the Tasmanian Academy or the Tasmanian Polytechnic nominated by the Australian Education Union (Tasmanian Branch);

(g) a practising teacher in a non-Catholic registered school nominated by the Tasmanian Independent School Teachers’ Association;

(h) a practising teacher in a Catholic registered school nominated by the Independent Education Union Tasmania;

(i) a person nominated by the faculty administering teacher education at the University of Tasmania who is teaching in that faculty;

(j) a person nominated by parent groups involved in education who, at the time of appointment, is a parent or guardian of a student attending a Tasmanian school, the Tasmanian Academy or the Tasmanian Polytechnic.

(2)  The Board is to appoint one of its members as deputy chairperson of the Board for a period not exceeding the period of that member's appointment as a member.

(3)  The Minister may require a body or parent group referred to in subsection (1) to provide the Minister with a list of nominations.

(4)  If the body or parent group fails to provide the list as required under subsection (3) , the Minister may nominate a person for appointment to the Board.

(5)  If a body referred to in subsection (1)(f) , (g) or (h) has changed its name or ceased to exist, the Governor, by order, may amend that subsection –

(a) by substituting the body's new name; or

(b) by substituting the name of another body which substantially represents the interests represented by the body that has ceased to exist.

(6)  The Minister may only appoint a person as a member of the Board if the Minister is of the opinion that the person is fit to be such a member.

(7)  Schedule 1 has effect with respect to membership and meetings of the Board.

6A.   Functions of Board

The Board has the following functions:

(a) to fully register and provisionally register persons under this Act;

(b) to grant limited authorities to persons under this Act;

(c) to promote the teaching profession;

(d) to investigate complaints made under this Act;

(e) to conduct investigations, inquiries and hearings for the purposes of this Act including, without limitation –

(i) investigations into complaints; and

(ii) investigations to determine whether persons have contravened this Act;

(f) if appropriate, to take disciplinary action under this Act in relation to persons who are or were registered teachers or holders of limited authorities;

(g) to approve teacher education courses the successful completion of which satisfies a criterion for full registration;

(h) to develop and improve teaching standards;

(i) to maintain a code of professional ethics for the teaching profession;

(j) to undertake relevant reviews and research projects, and to make recommendations to the Minister in relation to the funding of those reviews and projects and the appointment of persons necessary to enable the successful undertaking of those reviews and projects, as appropriate;

(k) to confer and collaborate with corresponding registration authorities for the purposes of –

(i) ensuring effective exchange of information within Australia and New Zealand; and

(ii) promoting consistency in the regulation of the teaching profession within Australia and New Zealand;

(l) to investigate and recommend the prosecution of offences against this Act;

(m) any other functions imposed by this or any other Act.