Registration as a teacher

In force

S. 2.6.9 (Heading) amended by No. 31/2018 s. 7(1).

(1)

The Institute may register an applicant as a teacher if—

(a)

the applicant is qualified for registration under section 2.6.8; and

S. 2.6.9(1)(b) substituted by No. 31/2018 s. 7(2).

(b)

there are no grounds under subsection (1A) or (2) under which the Institute must or may refuse to grant registration to the applicant; and

S. 2.6.9(1)(c) amended by No. 19/2014 s. 15(1).

(c)

the applicant has satisfied the requirements of section 2.6.7.

S. 2.6.9(1A) inserted by No. 31/2018 s. 7(3).

(1A)

The Institute must refuse to grant registration to an applicant on any one or more of the following grounds—

(a)

the applicant is currently charged with, or has been convicted or found guilty of, a category A offence in Victoria or an equivalent offence in another jurisdiction;

(b)

the applicant is currently charged with, or has been convicted or found guilty of, a category B offence in Victoria or an equivalent offence in another jurisdiction, and the Institute considers that the applicant poses an unjustifiable risk to children;

S. 2.6.9(1A)(c) amended by No. 34/2020 s. 218.

(c)

the applicant has been given a WWC exclusion.

Note

Under section 2.6.14A, if the Institute proposes to refuse registration of the applicant under section 2.6.9(1A)(a), (b) or (c), it must notify the applicant of the proposal and the applicant may make submissions about the proposal. The time for making submissions must be at least 14 days if the refusal is based on a ground under section 2.6.9(1A)(a) or (c) and 28 days for a ground under section 2.6.9(1A)(b).

(2)

The Institute may refuse to grant registration to an applicant on any one or more of the following grounds—

(a)

that the character of the applicant is such that it would not be in the public interest to allow the applicant to teach in a school;

S. 2.6.9(2)(b) repealed by No. 31/2018 s. 7(4)(a).

* * * * *

S. 2.6.9(2)(c) substituted by No. 31/2018 s. 7(4)(b).

(c)

that the applicant has engaged in category C conduct and—

(i)

the ability of the applicant to teach in a school is likely to be affected because of the conduct engaged in; or

(ii)

it is not in the public interest to allow the applicant to teach in a school because of the conduct engaged in;

S. 2.6.9(2)(ca) inserted by No. 4/2017 s. 12(2).

(ca)

that the applicant has been found, under Part 5A of the Child Wellbeing and Safety Act 2005, to have committed reportable conduct;

(d)

that the applicant has previously held a right to teach (being the equivalent of registration as a teacher under this Act), or been employed as a teacher, in a school in another State or Territory or another country and that right or employment has been cancelled or suspended and not restored because of conduct which, if committed within Victoria, would entitle the Institute to suspend or cancel the registration;

(e)

that the applicant has been seriously incompetent in their teaching practice when employed as a teacher in a school in Victoria or in any other State or Territory or country;

S. 2.6.9(2)(f) amended by No. 27/2010 s. 16(1).

(f)

that the applicant has not produced evidence which satisfies the Institute of his or her suitability to teach.

Note to s. 2.6.9(2) inserted by No. 31/2018 s. 7(5).

Note

Under section 2.6.15, if the Institute proposes to refuse registration of the applicant under section 2.6.9(2), it must notify the applicant of the proposal and the applicant may make submissions about the proposal. The time for making submissions must be at least 28 days.

(3)

The Institute may impose any condition, limitation or restriction it thinks appropriate on the registration of a teacher under this section including a condition that the teacher provide information about criminal records within the period specified by the Institute.

S. 2.6.9(4) inserted by No. 27/2010 s. 16(2).

(4)

The Institute may, on application by a person granted registration, amend, vary or revoke any condition, limitation or restriction imposed under subsection (3).

S. 2.6.9(5) inserted by No. 19/2014 s. 6.

(5)

The Institute may, from time to time, arrange for the conduct of a State police record check on a registered teacher during the period of registration of the teacher.

This Act’s bill:Explanatory memorandum Second reading speech

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2.6.9 Registration as a teacher