Registrar may conduct investigation
34 Registrar may conduct investigation
The
Registrar, or a person authorised by the Registrar, may, for the purpose of determining whether there is a basis for the Registrar to make a complaint to the Teachers Registration Board under this Part, require a person—
to answer questions and to be present or attend a specified place and time for that purpose;
to provide information or to produce material for inspection.
A person who fails, without reasonable excuse, to comply with a requirement under subsection (1) is guilty of an offence.
Maximum penalty: $10 000 or imprisonment for 1 year.
Without limiting subsection (1) or any other provision of this Act, the Registrar, or a person authorised by the Registrar, may, if the Registrar has reasonable grounds to suspect that a teacher's capacity to teach is seriously impaired by an illness or disability affecting the teacher's behaviour or competence as a teacher, require the teacher to—
submit to a medical examination by a medical practitioner selected by the teacher from a panel of medical practitioners nominated by the
Teachers Registration Board; and
provide, or authorise the medical practitioner to provide, a report on the results of the medical examination to the Registrar.
The
Registrar or other person acting under this section may retain any material produced under this section for such reasonable period as he or she thinks fit, and make copies of the material, or any of its contents.
The
Teachers Registration Board may, if a teacher refuses or fails to comply with a requirement under this section, suspend (without any requirement for a hearing or other process) the registration of the teacher.
A suspension under this section has effect—
until the fulfilment of specified conditions or until further order of the
Teachers Registration Board; or
if the teacher's registration is cancelled under section 35(2)—until that cancellation has effect, whichever occurs first.
To avoid doubt, a suspension of a teacher's registration under this section has effect whether or not an appeal has, or is to be, instituted against the decision to suspend the registration of the teacher.
This section does not limit or affect a power of investigation or inquiry that exists apart from this section.
This Act’s bill:Second reading speech
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