Education and Training Reform Act 2006

The Institute must ensure that a national criminal history check is conducted in respect of each registered teacher—

before the end of 5 years after the last national criminal history check was conducted in respect of that teacher under this Part or any corresponding previous enactment; or

if such a check has never been conducted on the teacher, as soon as is reasonably practicable.

In addition to conducting a national criminal history check under subsection (1), the Institute may conduct a national criminal history check on a registered teacher at any other time if the Institute reasonably suspects that there are circumstances that warrant the check being conducted at that time.

A registered teacher, at the request of the Institute and by the date notified to the teacher by the Institute, must—

provide to the Institute a consent signed by the teacher for the Institute to conduct a national criminal history check on the teacher under this section; and

provide to the Institute information specified by the Institute relating to the identity of the teacher required for the purposes of the national criminal history check; and

if the national criminal history check is conducted under subsection (1), pay the fee fixed by the Minister for the national criminal history check.

If a registered teacher, without reasonable excuse, fails to comply with the requirements in subsection (3) relating to a national criminal history check, the Institute may suspend all registrations under this Part held by the teacher.

The Institute may revoke a suspension under subsection (4) if the person concerned—

gives a satisfactory explanation of the failure to comply with the requirements of subsection (3); and

provides to the Institute the consent or identification information required under subsection (3), if it was not provided by the notified date; and

if the national criminal history check is conducted under subsection (1), pays the fee fixed by the Minister for the national criminal history check if it was not paid by the notified date; and

pays any additional fee fixed by the Minister.