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reg 5

Competence to teach

In force
Part 2Matters relating to registration and authorisations

5 Competence to teach

(1) For section 30(c) of the Act, in deciding whether a person is competent to teach, the Board must take into account whether the person:

(a) is able to teach in accordance with the professional teaching standards approved by the Board under regulation 9; and

(b)

is proficient in the English language.

(2) For section 42(2)(b) of the Act, in deciding whether an unregistered person is competent to teach each subject at a level as specified in an application for authorisation in relation to the person, the Board must take into account whether the person:

(a) is able to teach the subject at the level specified in accordance with the professional teaching standards approved by the Board under regulation 9; and

(b) subject to subregulation (3), is proficient in the English language.

(3) The Board may decide that an unregistered person who is not proficient in English is competent to teach if the only subject the unregistered person will teach under the authorisation is the teaching of a language other than English.

(4) For subregulation (1)(b) or (2)(b), in considering whether a person is proficient in the English language, the Board must have regard to:

(a) for an application for registration – whether the person's qualifications for registration were awarded by an institution in any of the following countries (a relevant country) and whether the person undertook their studies in that country:

(i) Australia, English-speaking Canada, Ireland, New Zealand, the United Kingdom or the United States of America;

(ii) another country approved by the Board by Gazette notice; or

(b) the person's results in an English language test approved by the Board under subregulation (6); or

(c)

whether the person:

(i) holds any qualifications (other than a qualification referred to in paragraph (a)) awarded by a higher education institution in a relevant country; or

(ii)

has prior work or academic experience in a relevant country.

(5) In addition to the matters specified in subregulation (4), the Board may have regard to any other matter or circumstance that the Board considers relevant to demonstrating the person is proficient in the English language.

(6) For subregulation (4)(b), the Board may, by written notice published on the Board's website, approve an English language test for assessing a person's proficiency in the English language.

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