Western Australian Consolidated Acts

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WESTERN AUSTRALIAN COLLEGE OF TEACHING ACT 2004 - SCHEDULE 4

[s. 89]

1 .         Term used: commencement day

                In this Schedule —

        commencement day means the day fixed under section 2.

2 .         Teachers currently teaching

        (1)         Despite any other provision of this Act, if a teacher currently teaching applies in the manner approved by the College for —

            (a)         registration as a teacher; or

            (b)         a limited authority to teach,

                the College must register the person as a teacher or issue the person with a limited authority to teach, as is relevant, unless the College is satisfied that the person has been convicted of an offence the nature of which renders the person unfit to be a teacher or has engaged in any other serious misconduct the nature of which renders the person unfit to be a teacher.

        (2)         An application under this clause is to be made within —

            (a)         18 months after the commencement day; or

            (b)         such further time as the College allows, if the College decides there are special circumstances to do so.

        (3)         In this clause —

        teacher currently teaching means a person who was employed or engaged to teach in a school, whether or not the person was actually teaching, immediately before the commencement day.

3 .         Teachers not currently teaching

        (1)         Despite any other provision of this Act, if a teacher not currently teaching applies in the manner approved by the College for —

            (a)         registration as a teacher; or

            (b)         a limited authority to teach,

                the College may register the person as a teacher or issue the person with a limited authority to teach, as is relevant, unless the College is satisfied that the person has been convicted of an offence the nature of which renders the person unfit to be a teacher or has engaged in any other serious misconduct the nature of which renders the person unfit to be a teacher.

        (2)         An application under this clause is to be made within —

            (a)         24 months after the commencement of this Act; or

            (b)         such further time as the College allows, if the College decides there are special circumstances to do so.

        (3)         In this clause —

        teacher not currently teaching means a person who was not employed or engaged to teach in a school immediately before the commencement day but was employed or engaged to teach in a school at some time before the commencement day.

4 .         Notice to be given to teacher

                The College is to give written notice to each person who has applied to the College under this Schedule as to the outcome of the application.

5 .         Renewal of registration gained under this Schedule (approved qualification not necessary)

                Section 35(a), as applied by section 41(3)(a), does not apply in respect of a renewal of the membership of a person registered under clause 2(1) or 3(1) of this Schedule.

6 .         Review of decision of the College

                A person who is aggrieved by a decision of the College under this Schedule may apply for a review of that decision under section 81 and for that purpose section 81 applies as if the review were a review under that section.

7 .         Applications under this Schedule

        (1)         For the avoidance of doubt, an application for membership of the College made under this Schedule is an application for the purposes of this Act.

        (2)         Despite subclause (1), section 40(2) does not apply in respect of an application for membership of the College made under this Schedule.

8 .         Sections 30, 31 and 83 not to apply to current teachers for a period of time

                Sections 30, 31 and 83 do not apply in respect of a teacher to whom clause 2 or 3 of this Schedule applies, until —

            (a)         an application made by the teacher under clause 2 or 3 has been granted, or refused, by the College under this Schedule; or

            (b)         18 months after the commencement day,

                whichever happens first.



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