EDUCATION (QUEENSLAND COLLEGE OF TEACHERS) ACT 2005

Queensland Consolidated Acts

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EDUCATION (QUEENSLAND COLLEGE OF TEACHERS) ACT 2005

TABLE OF PROVISIONS

Long Title

Contents

CHAPTER 1--PRELIMINARY

1. Short title
2. Commencement
3. Main objects of Act
4. Act binds all persons
5. Mutual recognition legislation not affected
6. Dictionary
7. Meaning of harm

CHAPTER 2--REGISTRATION AND PERMISSION TO TEACH

Part 1--Eligibility requirements

8. Eligibility for full registration
9. Eligibility for provisional registration
10. Eligibility for permission to teach
11. Suitability to teach—police information
12. Suitability to teach—other considerations
12A. Suitability to work in child-related field—interstate information

Part 2--Making and deciding applications for registration or permission to teach

Division 1--Applications other than by holders of provisional registration

13. Application of div 1
14. Application for registration or permission to teach
15. Obtaining police information about applicant
15A. Requesting further information about interstate convictions and charges
15B. Obtaining information from director of public prosecutions
15C. Obtaining information from chief executive (corrective services)
15D. Obtaining information from children's commissioner
16. Requirement to advise applicant of police information received
17. College's power to obtain further information etc. from applicant
18. Effect of failure by applicant to comply with a request for further information etc.
19. College may use documents or information to verify application
20. How college may decide application
21. Steps to be taken after college decides application

Division 2--Application for full registration by holder of provisional registration

22. Application by holder of provisional registration
23. Requirements for application
24. How college may decide application
25. Steps to be taken after college decides application

Division 3--Literacy, numeracy or science tests required for certain registrations

25A. Literacy, numeracy or science test may be prescribed
25B. Person may apply for reassessment of test result
25C. Application for registration may lapse after unsatisfactory test result

Part 3--Period, and renewal or extension, of registration or permission to teach

Division 1--Period and renewal of full registration and permission to teach

26. Period and renewal of full registration
27. Period and renewal of permission to teach
28. Application for renewal of full registration or permission to teach
29. Requirements for renewal—full registration
30. Development or recognition of CPD framework by college
31. Requirements for renewal—permission to teach
32. How college may decide application for renewal
33. Steps to be taken after college decides application

Division 2--Period and extension of provisional registration

34. Period of provisional registration
35. Option to extend provisional registration

Part 4--Restoration of full registration

36. When application for restoration of full registration may be made
37. Requirements for application for restoration
38. Application of pt 3, div 1 for restoring full registration

Part 5--Conditions

Division 1--Review, amendment and removal of conditions

39. Application for review of condition
40. Review of condition by college
41. Amendment or imposition of conditions following a review
42. Non-contentious amendment of conditions
43. Cancellation of conditions
44. Amending or replacing certificate of registration or certificate of permission to teach

Division 2--Suspension or cancellation of registration or permission to teach for failing to comply with condition

45. Application of div 2
46. College to give show cause notice for failing to comply with condition
47. College's power to suspend or cancel registration or permission to teach

Part 6--Immediate suspension and cancellation of registration or permission to teach by college

Division 1--Suspension

48. Effect of charge for disqualifying offence, temporary offender prohibition order or interim sexual offender order
49. College's power to suspend if approved teacher poses imminent risk of harm to children
50. Requirement to give notice of suspension
51. When suspension takes effect
52. When suspension ends

Division 2--Review of continuation of suspension

53. Requirement to decide whether to continue suspension under s 48
54. QCAT to give notice inviting submissions to approved teacher
55. QCAT's decision about continuation of suspension

Division 3--Cancellation

56. Cancellation in particular circumstances
57. Effect of appeal on cancellation

Division 4--Disqualification order

58. Disqualification order

Part 7--Surrender of registration or permission to teach

59. Surrender of registration or permission to teach

Part 8--Documents evidencing registration or permission to teach

60. Form of certificate of registration
61. Form of certificate of permission to teach
62. Requirements for registration card
63. Replacing certificate of registration, registration card or certificate of permission to teach
64. Requirement to return certificate of registration or permission to teach etc. on suspension or cancellation

Part 9--Miscellaneous provisions

65. College's power to obtain police information etc. in relation to an approved teacher
66. Payment of annual fee by approved teacher and issue of registration card to registered teacher
67. Effect of suspension on registration or permission to teach

CHAPTER 3--REQUIREMENTS FOR APPROVED TEACHERS AND OTHER PERSONS

Part 1--Giving information to the college

Division 1--Approved teachers

68. Changes in police information
69. Requirements for disclosure of changes in police information
70. Failure to disclose changes in police information
71. Disclosure of other change in circumstances

Division 2--Registered teachers

72. Disclosure about particular changes in teaching status in another State

Division 3--Other persons

73. Definition for div 3
74. Meaning of prescribed school
75. Commissioner of police must notify changes in police information
76. Requirement for employing authority to notify college about particular investigations
77. Requirement for employing authority to notify college about outcome of particular investigations
78. Requirement for employing authority to notify college about certain dismissals
79. College may request information from principal
80. Requirement for prosecuting authority to notify college about committal, conviction etc.
81. Protection from liability for employing authorities giving required notices

Part 2--General offences

82. Only approved teachers may be employed as teachers
83. Requirement to hold registration, or permission to teach, to teach in schools
84. Offence to misrepresent nature of registration or permission to teach
85. False or misleading information
86. False, incomplete or misleading documents

CHAPTER 4--COMPLAINTS ABOUT TEACHERS

87. Making a complaint
88. College may require further information or statutory declaration
89. Refusal to deal with complaint
90. How a complaint must be dealt with

CHAPTER 5--DISCIPLINARY ACTION AGAINST TEACHERS

Part 1--Preliminary

Division 1--Definitions

91. Definition for ch 5
92. Grounds for disciplinary action
93. Disciplinary matters
94. Show cause matters
95. PP&C matters
96. General matters

Division 2--Starting disciplinary proceedings

97. Requirement for college to start disciplinary proceedings
98. College may authorise investigation
99. Proceedings for an offence not prevented by disciplinary proceedings

Part 2--Show cause matters dealt with by QCAT

100. Application of pt 2
101. QCAT to give show cause notice
102. Disciplinary action by QCAT—approved teachers
103. Disciplinary action by QCAT—former approved teachers
104. Notice and effect of QCAT's decision

Part 3--General matters and PP&C matters dealt with by QCAT

105. Application of pt 3
106. QCAT may authorise investigation
107. Application of ch 6, pt 2, div 2

Part 4--PP&C matters dealt with by PP&C committee

108. Application of pt 4
109. PP&C committee may authorise investigation
110. Notice to be given to college if PP&C committee authorises investigation
111. Application of ch 6, pt 1, div 2
111A. PP&C committee may refer matter to QCAT

Part 5--Other provisions

112. Reporting of offences

CHAPTER 6--DISCIPLINARY BODIES

Part 1--PP&C committee

Division 1--Establishment, membership and functions

113. Establishment
114. Membership
115. Functions of PP&C committee

Division 2--Disciplinary proceedings of PP&C committee

116. PP&C committee may conduct disciplinary proceedings by hearing or on correspondence
117. Procedure for hearing by PP&C committee
118. Notice of intention to conduct disciplinary proceedings by correspondence
119. Substituted service on relevant teacher or complainant
120. PP&C committee may require other information
121. Power of PP&C committee to continue disciplinary proceedings without receiving relevant teacher's submission
122. Offence for failing to give information and protection against self-incrimination
123. Disciplinary action by PP&C committee

Part 2--Disciplinary proceedings of QCAT

Division 1--Constitution of QCAT for disciplinary proceedings

124. Constitution of QCAT for disciplinary proceedings
125. Presiding member of QCAT

Division 2--Disciplinary proceedings conducted by QCAT
Subdivision 1--Preliminary

130. Application of div 2
Subdivision 2--Proceedings of QCAT
133. Notice of intention to conduct hearing
136. QCAT may require health assessment
138. Attendance and appearance at hearing
147. Receiving or adopting findings etc. in other proceedings
152. Interim orders
Subdivision 3--Decision on completion of disciplinary proceedings
158. Decision about whether ground for disciplinary action is established
159. Ending of suspension if ground for disciplinary action not established
160. Decision about disciplinary action against approved teacher
161. Decision about disciplinary action against former approved teacher
Subdivision 4--Action after decision about disciplinary action
164. College may notify other persons
165. Requirement to notify particular interstate regulatory authorities about decision
166. Publication of information about disciplinary proceedings by college
Subdivision 5--Effect of decision
167. Effect of QCAT's decision
168. Implementation of decision

Part 3--Miscellaneous provisions for disciplinary proceedings

170. Office to keep record of disciplinary proceedings

CHAPTER 7--INVESTIGATIONS

Part 1--Investigations by employing authorities

172. Particular investigation may be carried out on college's behalf by an employing authority

Part 2--Investigators' functions and powers generally

173. Functions of investigator
174. Powers of investigator

Part 3--Appointment of investigators

175. Appointment
176. Appointment conditions and limit on powers
177. Issue of identity card
178. Production or display of identity card
179. Resignation
180. Return of identity card

Part 4--Powers of investigators

Division 1--Power to obtain information

181. Power to require information or attendance
182. Offences
183. Inspection of produced things

Division 2--Entry of places

184. Power to enter places

Division 3--Procedure for entry

185. Entry with consent
186. Application for warrant
187. Issue of warrant
188. Warrants—procedure before entry

Division 4--Powers after entry

189. General powers after entering places
190. Failure to help investigator
191. Failure to give information

Division 5--Power to seize evidence

192. Seizing evidence at public place if entry made when place open
193. Seizing evidence at a place that may only be entered with consent or warrant
194. Securing seized things
195. Tampering with seized things
196. Receipt for seized things
197. Forfeiture of seized things
198. Dealing with forfeited things
199. Return of seized things
200. Access to seized things

Part 5--General investigation matters

201. Investigator's report
202. Investigator's obligation not to cause unnecessary damage
203. Notice of damage
204. Compensation
205. False or misleading information given to investigator
206. False or misleading documents given to investigator
207. Obstruction of investigator
208. Impersonation of investigator

CHAPTER 8--INTERNAL AND EXTERNAL REVIEWS

Part 1--Internal reviews

209. Review process for particular decisions starts with internal review
210. Applying for review
211. Review committee
212. College's decision
213. Notice of review decision
215. Who may apply for external review

CHAPTER 9--LEGAL PROCEEDINGS

Part 1--Evidence

220. Application of pt 1
221. Appointments and authority
222. Signatures
223. Evidentiary matters

Part 2--Proceedings

224. Proceedings in the name of the college
225. Summary proceedings for offences
226. Allegations of false or misleading information or documents
227. Penalties to be paid to college
228. Executive officers must ensure corporation complies with Act

CHAPTER 10--QUEENSLAND COLLEGE OF TEACHERS

Part 1--Establishment, functions and powers of college

229. Establishment of college
230. College's functions about registration and permission to teach
230A. College's functions for testing applicants for registration
231. College's discipline and enforcement functions
232. College's other functions
233. Primary considerations of college in performing its functions
234. Powers of college
235. Professional standards
236. Approval of preservice teacher education programs

Part 2--Board of the college

237. The board
238. Role of board
239. Membership of board
240. Requirements for elections
241. Nomination by entities for membership of board
242. Term of appointment of members
243. Minister may extend a member's term of appointment
244. Chairperson of board
245. Deputy chairperson of board
246. Disqualification from membership
247. Report about person's criminal history
248. Vacation of office
249. Requirement for board members to disclose changes in criminal history
250. Leave of absence
251. Filling vacancies—board members nominated by Minister or another entity etc.
252. Filling vacancies—board member elected by registered teachers
253. Conduct of business
254. Presiding at meetings
255. Quorum for meetings
256. Attendance by proxy by member
257. Conduct of meetings
258. Minutes
259. Committees
260. Disclosure of interest
261. Attendance of director at meetings
262. Requirement for board approval before college enters into agreements
263. Remuneration of board members and committee members
264. Delegation
265. College is statutory body under the Financial Accountability Act 2009
266. College is statutory body under the Statutory Bodies Financial Arrangements Act 1982
267. College's financial year
268. Money borrowed other than under the Statutory Bodies Financial Arrangements Act 1982
269. Budget
270. Compliance with approved budget

Part 3--Relationship of the college with the Minister

271. Performance of college
272. Minister's power to give directions to college
273. Minister's power to require production of document
274. Ministerial request or direction to be included in college's annual report
275. College must give annual report to the Minister

Part 4--Office of the Queensland College of Teachers

276. Establishment of office
277. Office's functions and powers
278. Appointment, function and powers of director
279. Delegation by director
280. Acting director
281. Office staff

CHAPTER 11--MISCELLANEOUS

Part 1--Disclosure and use of information

282. Definition for pt 1
283. Confidentiality of particular information
284. Guidelines for dealing with relevant personal information
285. College may give information about disciplinary action etc. against teachers to children's commissioner in particular circumstances
285A. College must give information about the status of a teacher's registration to children's commissioner in particular circumstances
285B. College may enter into information sharing agreement with children's commissioner
286. Information sharing arrangement with commissioner of police for information otherwise lawfully given
287. Other information sharing agreements

Part 2--Register of approved teachers

288. Register of approved teachers to be kept
289. Inspection of register

Part 3--Codes of practice

290. College may develop codes of practice
291. Inspection of code of practice
292. Use of code of practice in disciplinary proceedings

Part 4--Other provisions

293. Higher education entities must not misrepresent approval of preservice teacher education programs
294. Protection from liability
295. Delegation by Minister
296. Administrative support for college etc.
297. Approved forms
298. Regulation-making power

CHAPTER 12--REPEAL AND TRANSITIONAL PROVISIONS

Part 1--Interpretation

299. Definitions for ch 12

Part 2--Repeal

300. Repeal of Education (Teacher Registration) Act 1988

Part 3--Provisions relating to former board and college

301. Dissolution of former board
302. College is legal successor of former board
303. Assets and liabilities etc.
304. Conduct of election for new board before commencement
305. Former board's budget for 2006
306. Former board's annual report for 2005
307. Proceedings
308. Proceedings for offences against repealed Act
309. Appeals
310. Continuing effect of ministerial directions given before commencement
311. References to former board

Part 4--Provisions relating to the former office

312. Dissolution of former office
313. Staff of former office

Part 5--Provisions relating to registration etc.

314. Existing registrations
315. Existing authorisations to teach
316. Deciding existing applications for registration
317. Deciding existing applications for restoration of registration
318. Particular higher education courses taken to be approved preservice teacher education programs
319. Continuation of existing register until 30 June 2006
320. Particular matters under repealed Act to be included in register

Part 6--Disciplinary matters

321. Existing show cause procedure
322. Existing inquiries
323. Suspended registrations
324. Suspension for charge for excluding offence not to apply to particular approved teachers
325. Disciplinary information received by former board

Part 7--Other provisions

326. Document taken to be professional standards
327. Document taken to be code of practice
328. Continuation of existing guidelines

Part 8--Transitional provision for Education Legislation Amendment Act 2008

329. Professional development

Part 9--Transitional provision for Commission for Children and Young People and Child Guardian and Another Act Amendment Act 2008

330. Existing section 48 suspensions

Part 10--Transitional provision for the State Penalties Enforcement and Other Legislation Amendment Act 2009

331. Interstate charge and interstate spent conviction

Part 11--Transitional provisions for Criminal History Screening Legislation Act 2010

Division 1--Transitional provision about giving information under section 285

332. Giving particular information to children's commissioner

Division 2--Other transitional provisions

333. Definition div 2
334. Existing applications by new excluded persons
335. Other existing applications
336. Obtaining particular information from commissioner of police about particular persons
337. Disqualification orders for acts done or omissions made before commencement
338. Disclosure of changes in police information
339. References to Youth Justice Act 1992

Part 12--Transitional provisions for Education and Training Legislation (Skills Queensland) Amendment Act 2010

340. Existing applications by new excluded persons
341. Transitional provision for s 77
351. Referral to QCAT under ss 111A and 123
SCHEDULE 1 -- DECISIONS FOR WHICH INFORMATION NOTICE MUST BE GIVEN
SCHEDULE 3 -- DICTIONARY
Endnotes

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