2.6.12A

Application for registration

Current

Pt 2.6 Div. 3A (Heading and ss 2.6.12A–2.6.12G) inserted by No. 19/2014 s. 47.

S. 2.6.12A inserted by No. 19/2014 s. 47.

(1)

An application for registration as an early childhood teacher may be made to the Institute.

S. 2.6.12A(1A) inserted by No. 31/2018 s. 8(1), substituted by No. 34/2020 s. 219.

(1A)

A person may not apply for registration as an early childhood teacher within 5 years after having been given a WWC exclusion under the Worker Screening Act 2020 unless, since the person was given the WWC exclusion, the WWC exclusion has been set aside or the person has been given a WWC clearance under that Act.

(2)

An application must be—

(a)

made in the form approved by the Institute; and

(b)

subject to section 2.6.12B, accompanied by—

(i)

evidence that the person is qualified for registration in accordance with section 2.6.12C; and

(ii)

details of any information required by section 2.6.57; and

(iii)

the application fee fixed by the Minister; and

(iv)

a consent signed by the applicant for the Institute to conduct a national criminal history check; and

(v)

the information specified in the application form relating to the identity of the applicant required for the purposes of the national criminal history check; and

(vi)

the fee fixed by the Minister for the national criminal history check.

(3)

The application must include an authorisation by the applicant for the Institute to arrange for the conduct of a State police record check—

(a)

on the applicant in connection with the consideration of the application; and

(b)

if registration is granted, on the early childhood teacher from time to time during the period that the registration, if granted, remains in force.

(4)

The application must include an address for the applicant to be used by the Institute in corresponding with the applicant.

(5)

The Institute may require an applicant to provide further information or material in respect of the application.

(6)

In considering an application for registration, the Institute—

(a)

subject to section 2.6.12B, must conduct a national criminal history check on the applicant; and

S. 2.6.12A(6)(b) amended by No. 4/2017 s. 12(3)(a).

(b)

may arrange for the conduct of a State police record check on the applicant; and

S. 2.6.12A(6)(c) inserted by No. 4/2017 s. 12(3)(b).

(c) may have regard to a finding, under Part 5A of the Child Wellbeing and Safety Act 2005, that the applicant has committed reportable conduct and the reasons for the finding.

(7)

Subject to section 2.6.12B, the Institute may require an applicant for registration to—

(a)

provide information about criminal records;

(b)

provide information about—

(i)

any current or previous right to teach or to be employed as a teacher or an early childhood teacher in another jurisdiction; or

(ii)

any refusal, including the cancellation, of the right to teach or to be employed as a teacher or an early childhood teacher in another jurisdiction and the reasons, including those given by the body responsible in that jurisdiction for any such refusal or cancellation, for the refusal or cancellation;

(c)

provide information about any previous refusal to register the applicant, or any cancellation of the applicant's registration, to carry out a profession in Victoria or in another jurisdiction and the reasons, including those given by the body responsible in that jurisdiction for any such refusal or cancellation, for the refusal or cancellation;

S. 2.6.12A(7)(ca) inserted by No. 31/2018 s. 8(2).

(ca)

provide information about any previous or current work involving children (including as a volunteer) engaged in by the applicant;

(d)

submit to any tests or provide any references or reports to determine the suitability of the person to teach;

(e)

submit to any medical or psychiatric examination that the Institute considers appropriate and, if required by the Institute, to provide any results or reports of the examination.

S. 2.6.12B inserted by No. 19/2014 s. 47.

2.6.12B National criminal history checks and information and testing—registered teachers and applications for registration under Division 3 and this Division

(1)

If the applicant is a teacher registered under Division 3 or 4 on whom a national criminal history check has been conducted in the previous 5 years—

(a)

the Institute is not required to conduct a national criminal history check on the applicant; and

(b)

the requirements of section 2.6.12A(2)(b)(iv), (v) and (vi) do not apply to the application for registration.

(2)

If the applicant makes, at the same time as the application under section 2.6.12A, an application for registration as a teacher under Division 3—

(a)

the requirements of section 2.6.12A(2)(b)(iv), (v) and (vi) do not apply to the application for registration under this Division; and

(b)

the applicant is not required to provide information or submit to testing under section 2.6.12A(7) if that information or testing has been provided or submitted to in relation to the application under section 2.6.7(4).

(3)

In considering an application for registration under this Division made at the same time as an application for registration under Division 3, the Institute—

(a)

must take into account a national criminal history check conducted under section 2.6.7(3A); and

S. 2.6.12B(3)(b) amended by No. 4/2017 s. 12(4)(a).

(b)

may take into account any information provided or testing submitted to under section 2.6.7(4); and

S. 2.6.12B(3)(c) inserted by No. 4/2017 s. 12(4)(b).

(c)

may take into account a finding, under Part 5A of the Child Wellbeing and Safety Act 2005, that the applicant has committed reportable conduct.

This Act’s bill:Explanatory memorandum Second reading speech

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