Teachers Registration and Standards Act 2004

This

Act may be cited as the Teachers

Registration and Standards Act 2004.

In this Act—

condition includes a limitation;

Department means the administrative unit of the Public Service responsible for assisting a Minister in the administration of this Act;

director, of a prescribed service, means the person responsible for providing educational leadership in, and managing the day‑to‑day operations of, the prescribed service;

practising teacher means a person in employment for which registration is required under this Act;

prescribed service means—

a school-based preschool or stand-alone preschool under the Education and Children's Services Act 2019 (including a stand‑alone preschool continued under Part 4

Division 3 of that Act); or

an education and care service under the Education and Care Services National Law (South Australia) consisting of or including pre‑school education; or

any other service of a kind prescribed by the regulations for the purposes of this definition;

pre-school education means the provision of courses of education, training and instruction to children who have not yet attained compulsory school age (within the meaning of the Education and Children's Services Act 2019);

principal of a school means the person responsible for providing educational leadership in the school and managing the day-to-day operations of the school;

professional standards for teachers means professional standards for teachers required for the purposes of registration of teachers, as developed from time to time by the

Teachers Registration Board;

prohibited person means a prohibited person under the Child

Safety (Prohibited Persons) Act 2016;

registered teacher means a person registered as a teacher under Part

5;

Registrar means the Registrar of the Teachers Registration Board appointed under Part 3, or a person acting in the position of the Registrar;

registration includes, unless the context otherwise requires, provisional registration and renewal of registration;

repealed provisions means Part 4 of the Education

Act 1972, as in force from time to time before the commencement of this Act;

school means a school established for the purpose of providing education at primary or secondary level, whether or not also for the purpose of providing a pre-school education;

Teachers

Registration Board means the Teachers Registration Board of South Australia established under Part 3;

teacher regulatory authority means an authority with functions under the law of a place outside this State similar to those of the Teachers Registration Board;

unique identifier, of a person, means a unique identifier issued to the person under the Child

Safety (Prohibited Persons) Act 2016;

unprofessional conduct means—

a contravention of this Act or the repealed provisions; or

a contravention of a condition of registration as a teacher under this

Act or the repealed provisions; or

a contravention of a code of conduct or professional standard published or adopted under section 31B;

or

incompetence;

or

disgraceful or improper conduct;

working with children check means a working with children check under the Child

Safety (Prohibited Persons) Act 2016.

The object of this Act is to establish and maintain a teacher registration system and professional standards for teachers to safeguard the public interest in there being a teaching profession whose members are competent educators and fit and proper persons to have the care of children.

The

Teachers

Registration Board of South Australia is established.

The

Teachers Registration Board—

is a body corporate; and

has perpetual succession and a common seal; and

has the powers of a natural person and the functions and powers assigned or conferred under this or any other Act.

If a document appears to bear the common seal of the Teachers

Registration Board, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Teachers

Registration Board.

The

Teachers Registration Board has the following functions:

to administer the provisions of this Act for the regulation of the teaching profession;

to accredit initial teacher education programs;

to develop and maintain codes of conduct for registered teachers and persons granted a special authority to teach under this Act;

to promote the teaching profession, and to promote and implement professional standards for teachers;

to confer and collaborate with teacher employers, the teaching profession, teacher unions or other organisations and other bodies and persons with respect to requirements for teacher registration and professional and other standards for teachers;

to confer and collaborate with other teacher regulatory authorities to ensure effective national exchange of information and promote uniformity and consistency in the regulation of the teaching profession within Australia and New Zealand;

to undertake or support reviews of research and data collection relating to the teaching profession;

to recognise quality teaching and leadership in the teaching profession;

to keep the teaching profession, professional standards for teachers and other measures for the regulation of the profession under review and to introduce change or provide advice to the Minister as appropriate;

such other functions as may be assigned to the Teachers Registration

Board under this Act or by the Minister.

The welfare and best interests of children is the paramount consideration in relation to the operation, administration and enforcement of this Act.

Subject to this section, the Minister may give directions to the Teachers

Registration Board when it appears to the Minister to be necessary in the public interest.

The

Minister—

may not give a direction that relates to—

a particular person; or

a particular application or inquiry; or

the performance by the Teachers Registration Board of its function of determining qualifications or experience for registration; and

must consult with the Teachers Registration Board before giving it a direction; and

must, within 3 sitting days after giving a direction, cause a copy of the direction to be laid before each House of Parliament.

The

Teachers Registration Board consists of not less than 10 and not more than 14 members appointed by the Governor of whom—

at least 6 must be practising teachers, of whom—

4 must be nominated by the Australian Education Union (S.A. Branch), of whom—

at least 1 must be practising in the area of pre-school education; and

at least 1 must be practising in the area of primary education; and

at least 1 must be practising in the area of secondary education; and

2 must be nominated by the Independent Education Union (S.A. Branch);

and

the remaining members are members nominated by the Minister, of whom—

at least 1 must be a legal practitioner; and

1 must be a parent of a school student appointed to represent the community interest.

At least half of the members appointed under subsection (1) must be registered teachers.

In nominating members for appointment, the Minister must, as far as is reasonably practicable, ensure that the Teachers Registration Board consists of members who, collectively, have knowledge, skills and experience in the following areas:

teacher education;

matters affecting employers of practising teachers.

The

Minister must, before nominating a member for appointment to the

Teachers Registration Board, call for expressions of interest under a scheme determined by the Minister for the purposes of this subsection.

The

Minister must, before nominating a member for appointment to the

Teachers Registration Board, in accordance with any requirements set out in the regulations, have regard to any submissions made by a designated entity in respect of a proposed nomination.

The

Minister must ensure, as far as practicable, that the persons appointed under subsection (1) consist of equal numbers of women and men.

A person is not eligible to be appointed to the Teachers Registration

Board unless a working with children check has been conducted in relation to the person within the preceding 5 years.

In this section—

designated entity means a person or body referred to in Schedule

1.

The

Governor may, on the recommendation of the Minister, appoint 1 of the members of the Teachers Registration Board to be the presiding member of the Teachers Registration Board and 1 to be the deputy presiding member.

A member of the Teachers Registration Board will be appointed on conditions determined by the Governor and for a term, not exceeding

3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment (however a member cannot hold office for consecutive terms that exceed 9 years in total).

The

Governor may appoint a person to be a temporary member of the

Teachers Registration Board for a period not exceeding 6 months.

A temporary member of the Teachers Registration Board may act as a member of the Board—

if a vacancy arises in the membership of the Board; or

during any period of absence of a member of the Board.

The

Governor may appoint a person to be the deputy of the following members of the Teachers Registration Board:

a member appointed in accordance with section 9(1)(a);

a member appointed in accordance with section 9(1)(b)(i), and the deputy may act as a member of the Board during any period of absence of the member.

The

Governor may remove a member of the Teachers Registration Board from office—

for breach of, or non-compliance with, a condition of appointment; or

if a working with children check has not been conducted in relation to the member within the preceding 5 years; or

for misconduct; or

for failure or incapacity to carry out official duties satisfactorily.

The office of a member of the Teachers Registration Board becomes vacant if the member—

dies;

or

completes a term of office and is not reappointed; or

resigns by written notice to the Minister; or

becomes a prohibited person (including where the member becomes a prohibited person by force of section 15 of the Child

Safety (Prohibited Persons) Act 2016 on the day that section comes into operation); or

is removed from office under subsection (5).

A member of the Teachers Registration Board may continue to act as a member of the Board despite the expiry of his or her term of office for the purpose of continuing and completing the hearing of an application under Part

5 or an inquiry under Part

7.

A member of the Teachers Registration Board is entitled to remuneration, allowances and expenses determined by the Governor.

A member of the Teachers Registration Board will not be taken to have a direct or indirect interest in a matter for the purposes of the

Public

Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in the matter that is shared in common with teachers generally or a substantial section of teachers in this State, or schools or kindergartens generally or substantial section of schools or kindergartens.