Part 3 of the Principal Act is repealed and the following Part is substituted:

PART 3 - Registration of Teachers and Limited Authorities to Teach

Division 1 - Offences relating to teaching

11.     Offences relating to teaching

(1)  A person must not teach at a school, the Tasmanian Academy or the Tasmanian Polytechnic unless the person –

(a) is fully registered; or

(b) is provisionally registered; or

(c) is the holder of a limited authority; or

(d) is under the direct supervision of a registered teacher.

Penalty:  Fine not exceeding 50 penalty units.

(2)  A person who is not fully registered must not claim, or otherwise represent in any manner, that he or she is fully registered.

Penalty:  Fine not exceeding 50 penalty units.

(3)  A person who is not provisionally registered must not claim, or otherwise represent in any manner, that he or she is provisionally registered.

Penalty:  Fine not exceeding 50 penalty units.

(4)  A person who is not the holder of a limited authority must not claim, or otherwise represent in any manner, that he or she is the holder of a limited authority.

Penalty:  Fine not exceeding 50 penalty units.

(5)  This section does not apply, before 1 January 2011, to a person employed as a member of the teaching staff of the Tasmanian Polytechnic.

Division 2 - Full registration and provisional registration of teachers

12.     Application for full registration

(1)  A person may apply to the Board for full registration.

(2)  An application is to be –

(a) in an approved form; and

(b) accompanied by the prescribed application fee.

(3)  The Board may require the applicant –

(a) to provide any further information it considers necessary to consider the application; and

(b) to authorise the Board, in writing, to obtain information relating to the applicant from any corresponding registration authority or any other person, government department or government body that the Board considers may have information relevant to the determination of the application.

13.     Determination of application for full registration

(1)  On receipt of an application for full registration made under section 12 , the Board –

(a) if satisfied that the applicant satisfies the criteria for full registration, must grant the applicant full registration; or

(b) if not satisfied that the applicant satisfies the criteria for full registration but satisfied that the applicant meets the requirements for provisional registration, must grant the applicant provisional registration; or

(c) if not satisfied that the applicant satisfies the criteria for full registration or provisional registration, must refuse to grant the applicant full registration or provisional registration.

(2)  The criteria for full registration are as follows:

(a) the applicant –

(i) has successfully completed an approved course relating to teacher education and at least one full-time equivalent year of teaching to the satisfaction of the Board; or

(ii) has contributed to educational practice and has the education and experience that, in the opinion of the Board, are sufficient to warrant registration; or

(iii) has complied with the requirements of the Board during the most recent period of provisional registration;

(b) the applicant is of good character;

(c) the applicant is fit to be a teacher;

(d) the applicant, in the opinion of the Board, is sufficiently proficient in the English language.

(3)  The criteria for provisional registration are as follows:

(a) the applicant –

(i) has qualifications or experience as determined by the Board; or

(ii) is able to obtain the qualifications and experience specified in subsection (2)(a) ;

(b) the applicant is of good character;

(c) the applicant is fit to be a teacher;

(d) the applicant, in the opinion of the Board, is sufficiently proficient in the English language.

(4)  The Board may grant full registration or provisional registration subject to any reasonable conditions it considers appropriate.

(5)  In considering an application for full registration made under section 12 , if –

(a) it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher; or

(b) the Board is intending to grant full registration or provisional registration subject to conditions –

the Board is to give the applicant an opportunity to appear before it.

(6)  On determining an application for full registration –

(a) the Board is to notify the applicant, in writing –

(i) of that determination; and

(ii) if the Board grants provisional registration, or refuses to grant full registration or provisional registration, of its reasons for that determination; and

(iii) if the Board grants full registration or provisional registration subject to conditions, of those conditions; and

(b) the Board, if it grants full registration or provisional registration, is to make an entry in the register of teachers in respect of that grant.

14.     Grant of full registration following period of provisional registration

(1)  At any time, a person who is provisionally registered may apply to the Board for full registration.

(2)  An application is to be –

(a) in an approved form; and

(b) accompanied by a report made by the applicant's employer, in an approved form, in respect of –

(i) the manner in which the applicant has performed teaching duties; and

(ii) recommendations as to the applicant's suitability for full registration; and

(iii) any other matter the Board considers relevant; and

(c) accompanied by the prescribed application fee.

(3)  The Board may require the applicant to provide any further information it considers necessary to consider the application.

(4)  On receipt of an application, the Board must grant the applicant full registration under section 13 if the Board is satisfied that the applicant –

(a) has completed at least one full-time equivalent year of teaching; and

(b) is recommended as suitable for full registration in the report from his or her employer; and

(c) has demonstrated teaching competence; and

(d) otherwise satisfies the criteria for full registration set out in that section.

(5)  In considering an application, if it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher, the Board is to give the applicant an opportunity to appear before it.

(6)  On receipt of an application, the Board must refuse to grant the applicant full registration under section 13 if the Board is not satisfied that the applicant meets all the criteria set out in subsection (4) .

15.     Certificate of full registration or provisional registration

(1)  The Board is to issue a certificate of full registration in an approved form to a person granted full registration under section 13 or 14 or whose full registration is renewed under section 17A on payment of the annual registration fee.

(2)  The Board is to issue a certificate of provisional registration in an approved form to a person who is granted provisional registration under section 13 on payment of the annual registration fee.

(3)  If the Board, in writing, requires a person who is or was a registered teacher to surrender or produce to the Board his or her certificate of full registration or a certificate of provisional registration, the person must comply with that requirement within the period specified in it.

Penalty:  Fine not exceeding 5 penalty units.

(4)  If a registered teacher –

(a) changes his or her name or any other personal details; and

(b) provides to the Board such proof of that change as the Board requires; and

(c) surrenders to the Board his or her certificate of full registration or certificate of provisional registration accompanied by –

(i) a request, in writing, for the reissue of the certificate in the person's new name or with the person's new personal details; and

(ii) the prescribed fee –

the Board is to reissue the certificate in accordance with the request.

(5)  If –

(a) a certificate of full registration or a certificate of provisional registration is lost, destroyed or damaged; and

(b) the registered teacher provides to the Board such proof of that loss, destruction or damage as the Board requires; and

(c) the registered teacher pays the prescribed fee; and

(d) in the case of a damaged certificate, surrenders that certificate to the Board –

the Board is to issue a replacement certificate.

16.     Period of full registration or provisional registration

(1)  The period of full registration or provisional registration is the period not exceeding 5 years determined by the Board.

(2)  Full registration –

(a) takes effect on the day it is granted or a later day specified in the grant of full registration; and

(b) ends –

(i) on 31 December occurring in the year specified in the grant of full registration; or

(ii) if no such year is specified, on 31 December fifthly occurring after the full registration takes effect.

(3)  Provisional registration –

(a) takes effect on the day on which it is granted or a later day specified in the grant of provisional registration; and

(b) ends on 31 December in the year specified in the grant of provisional registration.

17.     Amendment of conditions of full registration or provisional registration

On the application of a person who is fully registered or provisionally registered, or at any time on its own motion, the Board may do one or more of the following:

(a) make the full registration or provisional registration of a person subject to such, or such additional, reasonable conditions as the Board considers appropriate;

(b) amend one or more of the conditions to which the full registration or provisional registration is subject;

(c) remove all or any of the conditions to which the full registration or provisional registration is subject.

17A.     Renewal of full registration

(1)  A person may apply to the Board for renewal of his or her full registration.

(2)  An application is to be –

(a) in an approved form; and

(b) accompanied by satisfactory evidence of –

(i) ongoing competence; or

(ii) professional development undertaken; and

(c) accompanied by the prescribed application fee.

(3)  The Board is to renew the full registration of a person on payment of the annual full registration fee if –

(a) satisfied that the person is of good character; and

(b) satisfied that the person is fit to be a teacher; and

(c) satisfied as to the evidence referred to in subsection (2)(b) .

(4)  In considering an application, if it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher, the Board is to give the applicant an opportunity to appear before it.

(5)  If the Board is not satisfied that the person has provided satisfactory evidence as required by subsection (2)(b) , the Board may grant the person provisional registration under section 13(1)(b) if satisfied as required under that section.

(6)  The renewal of the full registration of a person –

(a) takes effect on 1 January first following the day on which the full registration would expire if not renewed or a later day specified in the grant of renewal; and

(b) ends –

(i) on 31 December occurring in the year specified in the grant of renewal; or

(ii) if no such year is specified, on 31 December fifthly occurring after the full registration takes effect.

17B.     Annual registration fee

(1)  A person –

(a) who is granted full registration; or

(b) whose full registration is renewed; or

(c) who is granted provisional registration –

must pay to the Board an annual registration fee prescribed in the regulations for each calendar year, or part of a calendar year, during which the full registration or provisional registration has effect.

(2)  An annual registration fee is to be paid on or before 31 December in the calendar year immediately preceding the calendar year to which the fee relates.

(3)  A person may pay more than one annual registration fee (in this section called the " advance fee " ) when paying a registration fee that is due (in this section called the " due fee " ), but may not pay an advance fee in respect of a calendar year that would occur after the current period of the full registration or provisional registration is due to expire.

(4)  If a person pays an advance fee of the same amount as the due fee, the amount paid for the advance fee is taken to be full payment of the annual registration fee for the calendar year in respect of which it is paid.

(5)  The Board may provide on or after 14 November in a calendar year a list of registered teachers –

(a) whose full registrations or provisional registrations are due to expire on 31 December in that calendar year; and

(b) who have not paid, in accordance with this section, the annual registration fee for the next calendar year.

(6)  A list under subsection (5) may include full names and the registration numbers of the teachers mentioned in the list.

(7)  For the avoidance of doubt, it is declared that –

(a) before the commencement of the Teachers Registration Amendment Act 2009 , the reference in section 14A(1), as in force before the commencement of that Act, to a person who is registered, or whose registration is renewed, included a reference to a person who was provisionally registered, or whose provisional registration was extended, under this Act before the commencement of that Act; and

(b) a fee demanded and paid under that section before the commencement of the Teachers Registration Amendment Act 2009 in respect of the grant, or extension, of provisional registration is taken to have been validly demanded and paid.

Division 3 - Limited authorities to teach

17C.     Application for limited authority

(1)  A person may apply to the Board for a limited authority.

(2)  An application is to be –

(a) in an approved form; and

(b) accompanied by the prescribed application fee.

(3)  The Board may require the applicant and his or her intended employer to provide any further information it considers necessary to consider the application.

(4)  The Board may require the applicant to authorise the Board, in writing, to obtain information relating to the applicant from any corresponding registration authority or other person, government department or government body that the Board considers may have information relevant to the determination of the application.

17D.     Determination of application

(1)  On receipt of an application for a limited authority made under section 17C , the Board –

(a) if satisfied that the applicant satisfies the criteria for a limited authority, must grant the applicant a limited authority to teach –

(i) at any school, or at any campus of the Tasmanian Academy or the Tasmanian Polytechnic, as specified in the limited authority; and

(ii) in any subject specified in the limited authority; and

(iii) for the number of hours each week specified in the limited authority; or

(b) if not satisfied that the applicant satisfies the criteria for a limited authority, must refuse to grant the applicant a limited authority.

(2)  The criteria for a limited authority are that the applicant –

(a) does not meet the requirements of section 13(2)(a) or section 13(3)(a) but has the appropriate skills or experience that available registered teachers do not have; and

(b) is of good character; and

(c) is fit to be a teacher.

(3)  In considering an application for a limited authority made under section 17C , if it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher, the Board is to give the applicant an opportunity to appear before it.

(4)  The Board may grant a limited authority subject to any reasonable conditions it considers appropriate.

(5)  On determining an application for a limited authority –

(a) the Board is to notify the applicant and his or her intended employer, in writing –

(i) of that determination; and

(ii) if the Board refuses to grant a limited authority, of its reasons for that determination; and

(iii) if the Board grants a limited authority subject to conditions, of those conditions; and

(b) the Board, if it grants a limited authority, is to make an entry in the register of holders of limited authorities in respect of that grant.

17E.     Notice of limited authority

(1)  The Board is to issue a notice of limited authority in an approved form to a person granted a limited authority under section 17D or whose limited authority is extended under section 17H on payment of the limited authority fee.

(2)  If the Board, in writing, requires a person who is or was the holder of a limited authority to surrender or produce to the Board his or her notice of limited authority, the person must comply with that requirement within the period specified in it.

Penalty:  Fine not exceeding 5 penalty units.

(3)  If the holder of a limited authority –

(a) changes his or her name or any other personal details; and

(b) provides to the Board such proof of that change as the Board requires; and

(c) surrenders to the Board his or her notice of limited authority accompanied by –

(i) a request, in writing, for the reissue of the notice in the person's new name or with the person's new personal details; and

(ii) the prescribed fee –

the Board is to reissue the notice in accordance with the request.

(4)  If –

(a) a notice of limited authority is lost, destroyed or damaged; and

(b) the holder of the notice provides to the Board such proof of that loss, destruction or damage as the Board requires; and

(c) the holder of the notice pays the prescribed fee; and

(d) in the case of a damaged certificate, the holder of the notice surrenders that notice to the Board –

the Board is to issue a replacement notice.

17F.     Period of limited authority

(1)  A limited authority has effect for the period not exceeding 2 years determined by the Board.

(2)  A limited authority –

(a) takes effect on the day it is granted or a later day specified in the grant of limited authority; and

(b) ends on the day specified in the grant of limited authority.

17G.     Amendment of conditions of limited authority

On the application of a holder of a limited authority, or at any time on its own motion, the Board may at any time do one or more of the following:

(a) make the limited authority subject to such, or such additional, reasonable conditions as the Board considers appropriate;

(b) amend one or more of the conditions to which the limited authority is subject;

(c) remove all or any of the conditions to which the limited authority is subject.

17H.     Extension of limited authority

(1)  The holder of a limited authority may apply to the Board for an extension of the limited authority.

(2)  An application is to be –

(a) in an approved form; and

(b) accompanied by the prescribed application fee.

(3)  The Board may extend the period of a limited authority for one or more further periods, not exceeding 2 years in total, if satisfied that the holder satisfies the criteria for a limited authority set out in section 17D .

(4)  In considering an application, if it appears likely that the Board may not be satisfied that the applicant is of good character or fit to be a teacher, the Board is to give the applicant an opportunity to appear before it.

(5)  The extension of a limited authority –

(a) takes effect on the expiry of the limited authority or previous extension of it; and

(b) ends on the day specified in the grant of the extension.

17I.     Suspension or cancellation of limited authority

(1)  If a person holds a limited authority and –

(a) the Board considers that there is no longer a need for the limited authority; or

(b) the Board otherwise considers it appropriate to do so –

the Board may suspend or cancel the limited authority without conducting an inquiry.

(2)  In deciding to suspend or cancel a limited authority, the Board must comply with the rules of natural justice.

(3)  On deciding to suspend or cancel a limited authority, the Board is to give notice, in writing, of that decision to –

(a) the holder of the limited authority; and

(b) that person's employer if that person is employed to teach.

(4)  A suspension or cancellation of a limited authority takes effect on written notice of it being served on the holder of the limited authority or a later day specified in the notice.

Division 4 - Determining good character and fitness to be a teacher

17J.     Determining whether person of good character

If at any time under this Act, including for the purposes of an inquiry, the Board is to determine whether a person is of good character, the Board –

(a) is to take into account any conviction of, or charge made against, the person; and

(b) is to take into account any behaviour of the person that –

(i) does not satisfy a standard of behaviour generally expected of a teacher; or

(ii) is otherwise disgraceful or improper; and

(c) may take into account any other matter it considers relevant.

17K.     Determining whether person fit to be teacher

(1)  If at any time under this Act, including for the purposes of an inquiry, the Board is to determine whether a person is fit to be a teacher, the Board may take into account –

(a) any medical, psychiatric or psychological condition of the applicant; and

(b) the competence of the person as a teacher; and

(c) any other matter it considers relevant.

(2)  For the purposes of determining whether a person is fit to be a teacher, the Board may require the person –

(a) to undergo a medical examination, including a psychiatric, psychological or other examination; and

(b) to authorise the medical practitioner, psychologist or other person undertaking the examination to provide a copy of his or her report on the person to the Board.

17L.     Police report

(1)  If a person applies under section 12 or 17C for full registration or a limited authority, that person is taken to have authorised the Board to obtain a report from the Commissioner of Police, and the Commissioner of Police to provide a report –

(a) for the purpose of considering and determining the application; and

(b) following the grant of the application –

(i) for the purpose of the renewal of full registration or the extension of a limited authority; and

(ii) for the purpose of an inquiry in respect of that person, whether or not that person is still a registered teacher or the holder of a limited authority; and

(iii) for any other purpose related to the administration of this Act in respect of the person while the person is a registered teacher or the holder of a limited authority.

(2)  The Board may refer to the Commissioner of Police –

(a) the name and address of a person who –

(i) has applied for full registration or a limited authority under section 12 or 17C ; or

(ii) is or was a registered teacher or a holder of a limited authority; and

(b) any information and documentation relating to that person that the Board considers relevant.

(3)  The Commissioner of Police must inquire into, and report to the Board on, any matters concerning the person that may be relevant to the purpose specified in subsection (1) in respect of which the Board is obtaining the report.

(4)  For the purposes of the Commissioner of Police providing a report under this section, section 22(1) , section 31(1) , section 45(1) and section 108 of the Youth Justice Act 1997 do not apply to the identification in a report under subsection (3) of a youth, within the meaning of that Act, in respect of any action or proceedings referred to in those sections.