Teacher Accreditation Act 2004

This Act is the Teacher Accreditation Act 2004.

This Act commences on a day or days to be appointed by proclamation.

In this Act—

accreditation means accreditation under Part 4, and includes provisional accreditation or conditional accreditation under that Part.

accredited means accredited for the time being under Part 4, and includes provisionally accredited or conditionally accredited under that Part.

approved course means an initial teacher education course or program approved by the Minister in accordance with the professional teaching standards.

Authority means the NSW Education Standards Authority constituted under the Education Standards Authority Act 2013.

Children’s Guardian means the Children’s Guardian appointed under the Children’s Guardian Act 2019, section 115.

degree means a degree that meets the specifications under the Australian Qualifications Framework.

dismiss includes—

in the case of a teacher who is appointed on probation—the annulment of that appointment, or

in the case of a teacher employed on a casual basis—dispensing with the services of the teacher.

early childhood education centre or centre means the following, but does not include a family day care service or an out-of-school hours or vacation care service—

an approved education and care service within the meaning of the Children (Education and Care Services) National Law (NSW) or the Children (Education and Care Services) Supplementary Provisions Act 2011,

a service or facility of a class declared by the regulations to be an early childhood education centre.

employ includes engage or appoint.

exercise a function includes perform a duty.

function includes a power, authority or duty.

government school and non-government school have the same meanings as in the Education Act 1990.

non-centre based teacher means a person—

who holds a degree or teaching qualification recognised by the Authority, and

who is not teaching in an early childhood education centre but has taught in an early childhood education centre for a period of not less than the period prescribed for the purposes of this definition by the regulations or the rules of the Authority, and

who is employed to undertake any of the following—

duties relating to the development or implementation of the curriculum for early childhood education,

duties relating to the learning and wellbeing of children who attend early childhood education centres,

duties relating to curriculum teaching and learning in early childhood education centres,

duties as an early childhood education lecturer or tutor in a university or other higher education institution in New South Wales,

duties as an educational consultant for early childhood education centres.

non-school based teacher means a person—

who holds a degree or teaching qualification recognised by the Authority, and

who is not teaching in a school but has taught in a school for a period of not less than the period prescribed for the purposes of this definition by the regulations or the rules of the Authority, and

who is employed to undertake any of the following—

duties relating to the development or implementation of the curriculum (including assessment and reporting) for primary and secondary education,

duties relating to the learning and wellbeing of school students,

duties relating to curriculum teaching and learning in schools,

duties as a K–Year 12 education lecturer or tutor in a university or other higher education institution in New South Wales,

duties as an educational consultant for schools.

non-teaching school counsellor means a school counsellor who is not teaching in a school.

professional development includes formal and informal learning activities designed to maintain and enhance the knowledge and skills of teachers.

professional teaching standards means the professional teaching standards approved by the Minister from time to time under section 19.

relevant complaint about a person means an allegation that—

the person has engaged in misconduct, or

the person is incompetent in performing the work of a teacher, or

the person has failed to comply with the professional teaching standards.

roll of teachers means the roll maintained by the Authority under Part 3.

rules of the Authority means rules made by the Authority under section 25 of the Education Standards Authority Act 2013.

Note.

The rules of the Authority only have effect if approved by the Minister.

school means a government school or a non-government school.

school counsellor means a person—

who is employed in a school to undertake duties relating to the learning and wellbeing of school students, and

who holds a degree or teaching qualification recognised by the Authority.

Secretary means the Secretary of the Department of Education.

teach—see section 3A.

working with children check clearance has the same meaning as in the Child Protection (Working with Children) Act 2012.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act do not form part of this Act.

In this Act, teach means—

in relation to a school—to undertake duties that include—

delivering courses of study that are designed to implement the school curriculum under the Education Act 1990, and

assessing the participation, performance and progress of students in those courses, and

supporting and leading the development and implementation of the delivery and assessment of the courses, and

in relation to an early childhood education centre—to undertake duties that include—

delivering an educational program based on an approved learning framework under the Children (Education and Care Services) National Law (NSW), and

assessing the participation, performance and progress of children in that educational program, and

supporting and leading the development and implementation of the delivery and assessment of the educational program.

A reference in this section to undertaking duties in relation to a school or early childhood education centre is a reference to undertaking duties on the premises of a school or centre in the course of providing services conducted by the school or centre.

This Act must be administered by applying the principle that, in an action or decision concerning a child or young person, the safety, welfare and wellbeing of the child or young person are paramount.

This Act does not limit or otherwise affect the operation of—

the Mutual Recognition Act 1992 of the Commonwealth, or

the Trans-Tasman Mutual Recognition Act 1997 of the Commonwealth.

The functions of the Authority under this Act include the following—

to provide advice to the Minister on the development, content and application of the professional teaching standards,

to provide advice to the Minister on the Minister’s other functions under this Act,

to monitor the accreditation process across all schools,

to ensure professional teaching standards are applied fairly and consistently,

to monitor, evaluate and report on the quality of initial and continuing teacher education courses and programs approved under the professional teaching standards,

to assess a person’s suitability to teach,

to accredit teachers at all levels, including the voluntary accreditation of teachers at higher levels and non-practising teachers,

to suspend, revoke and impose conditions on accreditation,

other functions imposed by or under this Act or another Act.

The functions of the Authority under this Act also include making decisions about whether or not to approve—

a teacher education course or program for the purposes of this Act, or

a person or body to provide professional development in accordance with the requirements of the professional teaching standards.

The functions of the Authority under this Act do not extend to industrial matters concerning teachers, for example, the salaries of teachers or the conditions of employment of teachers.

The Authority may obtain relevant information from, and disclose relevant information to, the following relevant entities, for an authorised purpose—

the Children’s Guardian,

the Commissioner of Police,

a school or early childhood education centre, or an equivalent entity in another jurisdiction, including outside Australia,

an organisation to which a matter relevant to an assessment of suitability has been referred under section 38.

In this section—

authorised purpose means a purpose for or in connection with the execution or administration of this Act and includes the following purposes—

the verification of the identity of a person who is an applicant for, or the holder of, an accreditation under this Act,

the consideration and determination of a person’s application under this Act,

assessing and determining under Part 4, Division 2 whether to suspend or revoke a person’s accreditation,

assessing and determining under Part 4, Division 4 whether a person is suitable to teach.

clearance history, of a person, means the history of action taken in relation to an application for a clearance by the person or a clearance held by the person under the Child Protection (Working with Children) Act 2012, including the following—

a risk assessment determination,

an interim bar,

a refusal of an application,

the suspension or cancellation of a clearance.

relevant information means the following information about a person—

information relevant to the verification of the identity of the person,

information about the person disclosed by the person to a relevant entity,

information about the person’s criminal history in this jurisdiction or another jurisdiction,

information about disciplinary proceedings against the person in this jurisdiction or another jurisdiction,

information about the person’s clearance history,

information about whether the person continues to comply with accreditation requirements and teaching standards under the professional teaching standards,

other information relevant to assessing the person’s suitability to teach, including a relevant complaint.

The Authority is required to maintain, in printed or electronic form (or both), a roll of teachers for the purposes of this Act.

The roll of teachers is to consist of 2 parts, namely—

the public register of teachers, and

the accreditation list.

A public register of accredited persons must be published on the Authority’s website.

The public register must contain the following information about an accredited person—

the person’s full name,

the accreditation number specified on the person’s certificate of accreditation,

the type or level of accreditation held by the person.

The accreditation list must contain the following particulars in relation to each person who is accredited—

the full name and date of birth of the person,

the type or level of accreditation held by the person,

the date on which the person was accredited,

other information required by or under this Act or the regulations to be included on the accreditation list.

The accreditation list must contain the details of a decision by the Authority—

to refuse an application to accredit a person, or

to revoke the accreditation of a person, or

to suspend the accreditation of a person.

The Authority may provide information contained in the accreditation list to the following—

a school or an early childhood education centre,

the person or body responsible for registering or accrediting teachers under the law of another jurisdiction, including outside Australia,

another person or body prescribed by the regulations.