1Citation
These regulations are the Teacher Registration (General) Regulations 2012.
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Bill homepageThese regulations are the Teacher Registration (General) Regulations 2012.
These regulations come into operation as follows —
regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
the rest of the regulations — on the day on which the Teacher Registration Act 2012 section 3 comes into operation.
In these regulations —
Australian Crime Commission means the Australian Crime Commission established under the Australian Crime Commission Act 2002 (Commonwealth) section 7;
Note for this definition:
The ACC or Australian Crime Commission established by the Australian Crime Commission Act 2002 (Commonwealth) is, pursuant to the Australian Crime Commission Regulations 2018 (Commonwealth) regulation 8, known as the Australian Criminal Intelligence Commission.
mutual recognition principle means the principle applying to occupations as set out in Part 3 of the Mutual Recognition Act 1992 (Commonwealth), as adopted by the Mutual Recognition (Western Australia) Act 2020 1;
professional learning activities means activities that are referred to in, described by or in compliance with the professional learning activities policy;
registration card means a certificate of registration issued by the Board;
school has the meaning given in the School Education Act 1999 section 4;
Trans‑Tasman mutual recognition principle means the principle applying to occupations as set out in Part 3 of the Trans‑Tasman Mutual Recognition Act 1997 (Commonwealth), as adopted by the Trans‑Tasman Mutual Recognition (Western Australia) Act 2007.
[Regulation 3 amended: Gazette 13 Aug 2013 p. 3733; SL 2023/194 r. 9; SL 2024/188 r. 4.]
In this regulation —
Class 1 offence has the meaning given in the Working with Children (Screening) Act 2004 section 7(1);
Class 2 offence has the meaning given in the Working with Children (Screening) Act 2004 section 7(2).
For the purposes of paragraph (e) of the definition of actionable offence in section 3 of the Act, each of the following is prescribed —
a Class 1 offence;
a Class 2 offence.
[Regulation 4 inserted: SL 2023/194 r. 10.]
For the purposes of the definition of criminal history check in section 3 of the Act, the Australian Crime Commission is prescribed.
[Regulation 5 inserted: SL 2023/194 r. 10.]
For the purposes of paragraph (b) of the definition of educational program in section 3 of the Act, each of the following is a prescribed curriculum —
Belonging, Being and Becoming: The Early Years Learning Framework for Australia, part of the national education and care services quality framework and referred to in the Education and Care Services National Regulations 2012 regulation 254(1)(a);
[(b) deleted]
the outline of curriculum and assessment in schools established by the School Curriculum and Standards Authority under the School Curriculum and Standards Authority Act 1997 section 9(1)(a);
a course developed, or caused to be developed, by the School Curriculum and Standards Authority under the School Curriculum and Standards Authority Act 1997 section 9(1)(c);
a course accredited by the School Curriculum and Standards Authority under the School Curriculum and Standards Authority Act 1997 section 9(1)(d);
a course or part of a course recognised by the School Curriculum and Standards Authority under the School Curriculum and Standards Authority Act 1997 section 9(1)(e);
a course registered as accredited on the State Register under the Education and Training Reform Act 2006 (Victoria) as being suitable for the purposes of a certificate in general education for adults;
[(h) deleted]
the International Baccalaureate Diploma programme offered by the International Baccalaureate educational foundation.
[Regulation 6 amended: SL 2023/194 r. 11.]
For the purposes of paragraph (b)(iv) of the definition of teach in section 3 of the Act, the delivery and assessment referred to in paragraph (a)(i) of that definition for which the unpaid volunteer is solely or principally responsible is prescribed.
[Regulation 7 inserted: SL 2023/194 r. 12.]
For the purposes of paragraph (b)(v) of the definition of teach in section 3 of the Act, the following persons are prescribed —
an educator, as defined in the Education and Care Services National Law (Western Australia) section 5(1), unless the educator is an early childhood teacher, as defined in the Education and Care Services National Regulations 2012 regulation 4(1);
assessors and trainers (as those terms are defined in the Standards for Registered Training Organisations (RTOs) 2015 made under the National Vocational Education and Training Regulator Act 2011 (Commonwealth) section 185) when delivering and assessing, or leading the delivery and assessment of, an educational program that is included in an approved VET course (as defined in the Vocational Education and Training Act 1996 section 5(1)).
[(c), (d) deleted]
[Regulation 8 amended: SL 2023/194 r. 13.]
[9. Deleted: SL 2023/194 r. 14.]
For the purposes of sections 15(d), 16(c) and 16A(d) of the Act, the English language skills prescribed as suitable for full or provisional registration are that the requirements of one of subregulations (2) to (4) are met in relation to the applicant.
The applicant has, within the period of 2 years before applying for registration under section 10 of the Act, undertaken the International English Language Testing System (Academic) test and achieved —
an average of level 7.5 or more across the 4 components of listening, speaking, reading and writing; and
no score below level 7 in any of those components; and
a score of level 8 or more in the components of speaking and listening.
The applicant has undertaken all of the components of a teaching qualification referred to in section 18A(1)(a)(i) or (ii) or (b) of the Act, as are relevant to the application, in the English language in one or more of the following countries —
Australia;
New Zealand;
the United Kingdom;
the United States of America;
Canada;
the Republic of Ireland.
In the opinion of the Board —
exceptional circumstances exist in relation to the applicant; and
the applicant’s English language skills, both written and oral, are suitable for registration.
[Regulation 10 amended: SL 2023/194 r. 15.]
For the purposes of section 17(c) of the Act, the English language skills prescribed as suitable for limited registration are that the requirements of one of subregulations (2) to (6) are met in relation to the nominee.
The nominee has, within the period of 2 years before the application for registration under section 10 of the Act is made, undertaken the International English Language Testing System (Academic) test and achieved —
an average of level 7.5 or more across the 4 components of listening, speaking, reading and writing; and
no score below level 7 in any of those components; and
a score of level 8 or more in the components of speaking and listening.
The nominee has undertaken all of the components of a requirement under regulation 12(2)(a), (b) or (e), as are relevant to the application, in the English language in one or more of the following countries —
Australia;
New Zealand;
the United Kingdom;
the United States of America;
Canada;
the Republic of Ireland.
If the teaching position is to teach, or to teach in, a language other than English, the nominee has —
within the period of 2 years before the application for registration under section 10 of the Act is made, undertaken the test referred to in subregulation (2); and
achieved a result that the Board is satisfied is sufficient for the nominee to adequately perform the duties of the teaching position.
In the opinion of the Board —
exceptional circumstances exist in relation to the nominee; and
the nominee’s English language skills, both written and oral, are suitable for registration.
If the teaching position is to teach, or to teach in, an indigenous language —
the nominee is an Aboriginal person or a Torres Strait Islander; and
the applicant has informed the Board in writing that the applicant is satisfied that the nominee’s English language skills are suitable for the teaching position.
In subregulation (6)(a) —
Aboriginal person means a person who is a descendant of the Aboriginal people of Australia;
Torres Strait Islander means a person who is a descendant of the indigenous inhabitants of the Torres Strait Islands.
[(8) deleted]
[Regulation 11 amended: SL 2023/194 r. 16.]
In this regulation —
higher education award has the meaning given in the Tertiary Education Quality and Standards Agency Act 2011 (Commonwealth) section 5;
overseas higher education award has the meaning given in the Tertiary Education Quality and Standards Agency Act 2011 (Commonwealth) section 5.
For the purposes of section 17(d) of the Act, a nominee offered a teaching position must meet one of the following requirements —
the nominee holds a qualification that is, in the Board’s opinion, a teaching qualification;
the nominee holds a higher education award or an overseas higher education award that is, in the Board’s opinion, relevant to the teaching position;
the nominee has, in the opinion of the Board, expertise or skills in a subject relevant to the teaching position;
the nominee is currently enrolled in an accredited initial teacher education program delivered in a manner approved by the Board for the purposes of this paragraph;
the nominee has successfully completed all of the course requirements for, but has not yet received, a teaching qualification —
from an accredited initial teacher education program; or
that the Board recognises as equivalent to the qualification referred to in subparagraph (i).
[Regulation 12 amended: SL 2023/194 r. 17.]
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