Western Australian Consolidated Acts

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WESTERN AUSTRALIAN COLLEGE OF TEACHING ACT 2004 - SECT 49

49 .         DPP or Commissioner of Police to notify College about committal, conviction etc. of teachers

        (1)         The Director of Public Prosecutions, or where the matter is conducted by a police prosecutor, the Commissioner of Police, is, where practicable, to give written notice to the College if he or she becomes aware that any of the following situations exist or believes, on reasonable grounds, that any of the following situations exist —

            (a)         a teacher is charged with, or committed for trial or sentence before any court for, an offence described in Schedule 2;

            (b)         a teacher is convicted or found guilty of an indictable offence in this State;

            (c)         in the case of a charge referred to in paragraph (a), the prosecution of the charge is discontinued or does not result in a committal for trial or sentence, or there is an acquittal or mistrial;

            (d)         in the case of a committal referred to in paragraph (a), there is an acquittal or mistrial or the prosecution of the charge is discontinued.

        (2)         In subsection (1) —

        teacher means a person who the Director of Public Prosecutions, or the Commissioner of Police, as is relevant, believes, on reasonable grounds —

            (a)         is a teacher at a school; or

            (b)         is, or was at any time, a member of the College.

        (3)         A notice under subsection (1) is to be sent as soon as practicable after the person giving it becomes aware, or forms the belief, that the relevant situation exists.

        (4)         As soon as is practicable after receiving a notice under subsection (1) about a person the College is to  —

            (a)         consider the notice and any other information it considers relevant and decide whether or not —

                  (i)         the membership of the person should be cancelled under section 55; or

                  (ii)         it is necessary to hold an inquiry,

                and

            (b)         if the person is teaching at a school, advise the person who has employed, engaged or given permission to the person to do so of the information contained in the notice.

        [Section 49 amended by No. 2 of 2008 s. 72(2) and (3).]



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