{"id":"a-2010-55","name":"ACT Teacher Quality Institute Act 2010","slug":"act-teacher-quality-institute-act-2010","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"55 of 2010","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":22999,"registerId":"act-a-2010-55-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"6","sectionType":"section","heading":"December 2025. It also includes any commencement, amendment, repeal or expiry affecting","content":"6 December 2025. It also includes any commencement, amendment, repeal or expiry affecting\nthis republished law to 6 December 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication does not include amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the symbol M appears\nimmediately before the provision heading. The text of the modifying provision appears in the\nendnotes. For the legal status of modifications, see the Legislation Act 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\ncontents 1\nPage\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\n6 Purpose 3\n7 Meaning of teacher 4\n8 Meaning of teaching 4\n9 Meaning of approved teacher 4\nDivision 3.1 Establishment and functions of the institute\n10 Establishment of institute 5\n\nPage\ncontents 2 ACT Teacher Quality Institute Act 2010\n11 Functions of institute 5\n12 Exercise of institute functions 6\n13 Delegation by institute 6\n14 Establishment of institute board 7\n15 Institute board members 7\n16 No deputy chair 9\n17 Chief executive officer of institute 9\n18 Reimbursement for board members 9\n19 Establishment of committees 10\n20 Exercise of committee functions 10\n21 Membership of committees 11\n22 Reimbursement for committee members 11\nDivision 3.4 Institute staff and consultants\n23 Institute’s staff 11\n24 Institute consultants 12\n25 Ministerial directions 12\nDivision 4.1 Application––pt 4\n27 Application––pt 4 13\nDivision 4.2 Offences—unapproved teachers\n28 Offence––teaching in school without being an approved teacher 13\n29 Offence––employing, engaging or allowing person who is not an\napproved teacher to teach in school 14\n30 Application for registration or permit to teach 14\n31 Extension of time for meeting registration or permit to teach\nrequirements 15\n32 Eligibility for full registration 16\n33 Eligibility for provisional registration 18\n33A Eligibility for early childhood teacher registration 19\n\nPage\ncontents 3\n34 Eligibility for permit to teach 20\n35 Additional eligibility requirements for permits to teach 20\n36 Decision on registration or permit to teach application 21\n37 Extension of period for decision on registration or permit to teach\napplication 23\n38 Conditions of registration and permit to teach 24\n39 Extension of period for decision on additional condition 26\n40 Institute to give notice of registration or permit to teach 27\n42 Keeping teachers register 28\n43 Details to be entered in teachers register 29\n43A Sharing teachers register information—status of registration or permit 30\n44 Sharing teachers register information—corresponding registering\nauthority 31\n44A Sharing teachers register information—approved data linkage agency 31\n44B Sharing teachers register information—other entities 32\n45 Changes to teachers register 32\n46 Teacher may correct teachers register 33\nDivision 4.5 Term of registration or permits to teach\n47 Term of registration and permit to teach 33\n50 Notice of renewal for registration or permit to teach 34\n51 Renewal of registration 34\n52 Renewal of registration with conditions 36\n53 Renewal of permits to teach 37\n54 Renewal of permits to teach with conditions 39\n55 Extension of period for decision on renewal of registration or permit to\nteach or imposition of condition 41\nDivision 4.7 Amendment and end of registration and permits to\n56 Amendment of registration or permit to teach on institute’s initiative 42\n57 Amendment of registration or permit to teach on application 43\n58 End of registration or permit to teach 44\n\nPage\ncontents 4 ACT Teacher Quality Institute Act 2010\n59 Codes of practice 45\n60 Notice of code approvals 45\n61 Approved code of practice may be considered 46\n62 Relationship of Act with approved codes of practice 46\nDivision 6.1 Suspension or cancellation of registration or permits\nto teach\n63 Grounds for suspending or cancelling registration or permits to teach 47\n64 Notice of proposed suspension or cancellation of registration or\npermits to teach 47\n65 Suspending or cancelling registration or permit to teach 49\n66 Giving corresponding registering authorities information about\nsuspension or cancellation action 50\n67 Employer’s obligation to notify institute about teacher 50\nDivision 6.2 Other regulatory action\n68 Voluntary cancellation of registration or permit to teach 51\n69 Inquiries about registered addresses 51\n70A Disclosure of information to institute 52\n70B Employer to tell institute about notification event 52\n70C Institute may request further information 54\n70CA Institute to give relevant information to prevent child harm 54\n70D Protection of information disclosed under this division 56\nDivision 6A.1 Preliminary\n70E Meaning of professional experience 57\nDivision 6A.2 Approval for professional experience\n70F Approval required for professional experience 57\n70G Professional experience approval 57\n70H Register of pre-service-teachers 58\n\nPage\ncontents 5\n70I Details to be entered on pre-service teachers register 59\n70J Sharing pre-service teachers register information—principals and\nuniversities 61\n70K Sharing pre-service teacher information—approved data linkage\nagency 62\n70L Sharing pre-service teachers register information—other entities 63\n70M Changes to pre-service teachers register 63\n70N Pre-service teacher may correct pre-service teachers register 65\nDivision 7.1 Register of accredited education programs\n71 Education programs register 66\n72 Institute may initiate accreditation of education program 67\n73 Applying for accreditation 67\n74 Decision about accreditation 67\n75 Accreditation guidelines 69\n76 Criteria for accreditation of education programs 69\n77 Expert committee 70\n78 Period of accreditation 70\n79 Renewal of accreditation 70\n80 Review of accredited education program 71\n81 Grounds for suspending or cancelling accreditation 73\n82 Notice of proposed suspension or cancellation of accreditation 73\n83 Suspending or cancelling accreditation 74\n84 Voluntary cancellation of accreditation 75\n85 Suspension or cancellation of accreditation—education program\npreviously agreed 75\n86 Registering end of accreditation 76\n87 Offence to falsely claim education program accredited 76\nPart 8 Notification and review of decisions\n88 Meaning of reviewable decision—pt 8 78\n89 Reviewable decision notices 78\n90 Applications for review 78\n\nPage\ncontents 6 ACT Teacher Quality Institute Act 2010\n91 Protection from civil liability 79\n92 Offences—use or divulge protected information 79\n93 Evidentiary certificates 81\n94 Disqualification orders 82\n94A Approved data linkage agency 82\n95 Determination of fees 83\n96 Approved forms 83\n97 Determination of standards 83\n98 Regulation-making power 83\nSchedule 1 Reviewable decisions 85\nDictionary 89\n1 About the endnotes 93\n2 Abbreviation key 93\n3 Legislation history 94\n4 Amendment history 98\n5 Earlier republications 107\n6 Expired transitional or validating provisions 110\n\nAn Act to establish the ACT Teacher Quality Institute, and for other purposes\n\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"1 Name of Act\nThis Act is the ACT Teacher Quality Institute Act 2010.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Dictionary","content":"3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere.\nFor example, the signpost definition ‘non-government school—see the\nEducation Act 2004, dictionary.’ means that the term ‘non-government\nschool’ is defined in that dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Notes","content":"4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Offences against Act—application of Criminal Code etc","content":"5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n6 Purpose\nThe purpose of this Act is to—\n(a) uphold the standards of the teaching profession; and\n(b) protect students and the community by ensuring education in\nschools is provided in a professional and competent way by\napproved teachers; and\n(c) enhance the status of the teaching profession by recognising the\nprofessional learning and development of teachers throughout\ntheir careers; and\n(d) maintain community confidence in the teaching profession.\n\n","sortOrder":4},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of teacher","content":"7 Meaning of teacher\nFor this Act, teacher means a person who undertakes teaching.\n","sortOrder":5},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of teaching","content":"8 Meaning of teaching\nFor this Act, teaching—\n(a) means carrying out duties that include—\n(i) the delivery of education services; or\n(ii) the assessment of a child’s participation in education\nservices; or\n(iii) the administration of education services; but\n(b) does not include carrying out duties—\n(i) as a teacher’s aide, teacher’s assistant or pre-service\nteacher; or\n(ii) to support a child’s learning and development as part of a\nservice providing early childhood education and care.\n","sortOrder":6},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of approved teacher","content":"9 Meaning of approved teacher\nFor this Act, approved teacher––\n(a) means a person who is––\n(i) a registered teacher; or\n(ii) a permit-holder; but\n(b) does not include a person whose registration or permit to teach\nis suspended under this Act or a corresponding law.\n\nEstablishment and functions of the institute Division 3.1\n","sortOrder":7},{"sectionNumber":"Div 3","sectionType":"division","heading":"1 Establishment and functions of the","content":"Division 3.1 Establishment and functions of the\ninstitute\nNote The governance of territory authorities, including the ACT Teacher\nQuality Institute, is regulated by the Financial Management Act 1996\n(the FMA), pt 9 as well as the Act that establishes them.\nThe FMA, pt 9 deals, for example, with the corporate status of territory\nauthorities and their powers, the make-up of governing boards, the\nresponsibilities of the governing board and board members, how\ngoverning board positions can be ended, meetings of governing boards\nand conflicts of interest.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Establishment of institute","content":"10 Establishment of institute\nThe ACT Teacher Quality Institute (the institute) is established.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Functions of institute","content":"11 Functions of institute\n(1) The institute has the following functions:\n(a) to register, or issue permits to teach to, eligible people;\n(b) to keep a register of, and records relating to, teachers working\nor intending to work in the ACT;\n(c) to keep a register of, and records relating to, pre-service teachers\nundertaking or intending to undertake professional experience;\n(d) to use and share information on the teachers register and\npre-service teachers register to facilitate planning or research in\nrelation to teacher quality or the teaching workforce (a planning\nor research purpose);\n(e) to promote and encourage––\n(i) the continuous professional learning and development of\nteachers; and\n\nDivision 3.1 Establishment and functions of the institute\n(ii) increased levels of skill, knowledge, expertise and\nprofessionalism of teachers;\n(f) to determine standards for, and to facilitate, the professional\nlearning and development of teachers;\n(g) to develop and apply codes of practice about the professional\nconduct or practice of teachers;\n(h) to determine standards, including assessment and certification\nstandards, for the teaching profession within a framework of\nnationally recognised professional standards;\n(i) to accredit education programs for pre-service teachers and\nteachers;\n(j) to monitor compliance with and enforce this Act.\n(2) The institute may exercise any other function given to it under this\nAct or another territory law.\nNote A provision of a law that gives an entity (including a person) a function\nalso gives the entity powers necessary and convenient to exercise the\nfunction (see Legislation Act, s 196 and dict, pt 1, def entity).\n(3) The institute must exercise its functions in the best interests of\nchildren, taking into account their safety and welfare.\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Exercise of institute functions","content":"12 Exercise of institute functions\nThe institute must comply with directions given to the institute under\nthis Act or another territory law.\nNote The Minister may give the institute directions under s 25.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Delegation by institute","content":"13 Delegation by institute\nThe institute may delegate the institute’s functions to––\n(a) the director-general; or\n(b) the chief executive officer; or\n\nInstitute board Division 3.2\n(c) an institute board member; or\n(d) a committee of the institute board; or\n(e) an institute staff member; or\n(f) an entity prescribed by regulation.\nNote For the making of delegations and the exercise of delegated functions,\nsee the Legislation Act, pt 19.4.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Establishment of institute board","content":"14 Establishment of institute board\nThe institute has a governing board (the institute board).\nNote An appointment of a governing board member is an appointment under\nthis section (see Financial Management Act 1996, s 78 (7) (b)).\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Institute board members","content":"15 Institute board members\n(1) The institute board has at least 13, but not more than 15, members.\n(2) The institute board must include the following members:\n(a) a chair;\nNote The chair of the governing board must be appointed under the\nFinancial Management Act 1996, s 79.\n(b) the chief executive officer;\nNote The chief executive officer is a member of the governing board (see\nFinancial Management Act 1996, s 80 (4)).\n(c) 1 member nominated by the director-general;\n(d) 1 member nominated by the Association of Independent Schools\nof the ACT;\n(e) 1 member nominated by the Archdiocese of Canberra and\nGoulburn Catholic Education Office;\n(f) 1 member nominated by the Australian Education Union;\n\n(g) 1 member nominated by the NSW/ACT Independent Education\nUnion;\n(h) 1 member nominated by the University of Canberra;\n(i) 1 member nominated by the Australian Catholic University,\nACT Campus;\n(j) 1 member to represent teachers and principals of government\nschools;\n(k) 1 member to represent teachers and principals of\nnon-government schools;\n(l) 1 member to represent early childhood teachers;\n(m) 1 member to represent the community.\n(3) The chair of the institute board must not be a member mentioned in\nsubsection (2) (b) to (m).\n(4) The Minister must appoint the members of the institute board other\nthan the chief executive officer.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, pt 19.3.\nNote 2 In particular, an appointment may be made by naming a person or\nnominating the occupant of a position (see Legislation Act, s 207).\nNote 3 Certain Ministerial appointments require consultation with an Assembly\ncommittee and are disallowable (see Legislation Act, div 19.3.3).\n(5) However, the Minister may appoint a member mentioned in\nsubsection (2) (m), only if satisfied that the person has qualifications\nand expertise relevant to the functions of the institute board.\n(6) The appointment of a member, other than the chief executive officer,\nmust be for a term of not longer than 3 years.\nNote A person may be reappointed to a position if the person is eligible to be\nappointed to the position (see Legislation Act, s 208 and dict, pt 1,\ndef appoint).\n\nInstitute board Division 3.2\n(7) However, a member, other than the chief executive officer, must not\nbe reappointed to the institute board within 3 years after the day the\nmember’s second term of appointment ends.\n(8) The conditions of appointment of the chair are the conditions agreed\nbetween the Minister and the chair, subject to any determination\nunder the Remuneration Tribunal Act 1995.\n(9) The Financial Management Act 1996, section 78 (5) does not apply\nto the appointment of a member.\n(10) The chief executive officer is a non-voting member of the institute\nboard.\nNote The Financial Management Act 1996, s 95 (2) and s 96 (1) deal with non-\nvoting members of governing boards.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"No deputy chair","content":"16 No deputy chair\nThe Minister must not appoint a deputy chair for the institute board.\nNote 1 This section ensures that a deputy chair cannot be appointed for the\ngoverning board under the Financial Management Act 1996, s 79 (1).\nNote 2 The Minister may appoint an acting chair (see Legislation Act, s 209).\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Chief executive officer of institute","content":"17 Chief executive officer of institute\nThe chief executive officer of the institute must be a public servant.\nNote The chief executive officer must be appointed under the Financial\nManagement Act 1996, s 80 (3).\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Reimbursement for board members","content":"18 Reimbursement for board members\n(1) A board member, other than the chair or chief executive officer, is not\nentitled to be paid for the exercise of the member’s board functions.\n(2) However, the Territory must reimburse a board member for expenses\nreasonably incurred in the exercise of the member’s board functions.\n\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Establishment of committees","content":"19 Establishment of committees\n(1) The institute board may establish committees to help the board to\nexercise its functions.\n(2) Without limiting subsection (1), the following committees may be\nestablished:\n(a) corporate governance;\n(b) accreditation;\n(c) registration;\n(d) standards and professional development;\n(e) consultation and communications;\n(f) professional practice.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Exercise of committee functions","content":"20 Exercise of committee functions\n(1) The institute board may decide—\n(a) how a committee is to exercise its functions; and\n(b) the procedure to be followed for meetings of a committee,\nincluding—\n(i) calling meetings; and\n(ii) the number of committee members to be present at\nmeetings (including requirements that particular members\nbe present); and\n(iii) the committee member who is to preside at meetings; and\n(iv) how questions arising at a meeting are to be decided; and\n(v) keeping minutes of meetings.\n\nInstitute staff and consultants Division 3.4\n(2) Subject to any decision of the institute board under subsection (1), a\ncommittee may decide its own procedures.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Membership of committees","content":"21 Membership of committees\n(1) A committee consists of the people appointed by the institute board.\nNote 1 For the making of appointments (including acting appointments), see the\nLegislation Act, div 19.3.\nNote 2 In particular, a person may be appointed for a particular provision of a\nlaw (see Legislation Act, s 7 (3)) and an appointment may be made by\nnaming a person or nominating the occupant of a position (see Legislation\nAct, s 207).\n(2) A committee may consist entirely or partly of institute board\nmembers.\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Reimbursement for committee members","content":"22 Reimbursement for committee members\n(1) A committee member is not entitled to be paid for the exercise of the\nmember’s committee functions.\n(2) However, the Territory must reimburse a committee member for\nexpenses reasonably incurred in the exercise of the member’s\ncommittee functions.\ncommittee member includes a committee member who is also an\ninstitute board member.\nDivision 3.4 Institute staff and consultants\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Institute’s staff","content":"23 Institute’s staff\n(1) The chief executive officer may employ staff for the institute on\nbehalf of the Territory.\n\n(2) The institute’s staff must be employed under the Public Sector\nManagement Act 1994.\nNote The Public Sector Management Act 1994, div 8.2 applies to the chief\nexecutive officer in relation to the employment of staff (see Public Sector\nManagement Act 1994, s 152).\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Institute consultants","content":"24 Institute consultants\n(1) The institute may engage consultants.\n(2) However, the institute must not enter into a contract of employment\nunder this section.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Ministerial directions","content":"25 Ministerial directions\n(1) The Minister may give a direction to the institute about the exercise\nof its functions.\n(2) The Minister must not give a direction that relates to a particular\nteacher or a particular assessment about a teacher.\n(3) The institute must give effect to the direction.\n(4) A direction is a disallowable instrument.\n\nApplication––pt 4 Division 4.1\n","sortOrder":24},{"sectionNumber":"Div 4","sectionType":"division","heading":"1 Application––pt 4","content":"Division 4.1 Application––pt 4\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Application––pt 4","content":"27 Application––pt 4\n(1) This part does not apply to the following:\n(a) a pre-service teacher;\n(b) a parent providing home education for the parent’s child;\n(c) an unpaid volunteer, including a parent, assisting at a school;\n(d) a teacher’s aide;\n(e) education assistants and support staff working at a school.\nhome education––see the Education Act 2004, dictionary.\nDivision 4.2 Offences—unapproved teachers\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Offence––teaching in school without being an approved","content":"28 Offence––teaching in school without being an approved\nteacher\n(1) A person commits an offence if the person––\n(a) teaches in a school; and\n(b) is not an approved teacher.\n\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Offence––employing, engaging or allowing person who is","content":"29 Offence––employing, engaging or allowing person who is\nnot an approved teacher to teach in school\n(1) A person commits an offence if––\n(a) the person employs, engages or allows another person to teach\nin a school; and\n(b) the other person is not an approved teacher.\nDivision 4.3 Applications for registration and\npermits to teach\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Application for registration or permit to teach","content":"30 Application for registration or permit to teach\n(1) A person may apply to the institute for any of the following:\n(a) full registration as a teacher;\n(b) provisional registration as a teacher;\n(c) registration as an early childhood teacher;\n(d) a permit to teach.\n(2) The application must include––\n(a) the details prescribed by regulation; and\n(b) the documents or information needed to satisfy the eligibility\nrequirements for the application under—\n(i) section 32; or\n(ii) section 33; or\n(iii) section 33A; or\n\n(iv) section 34; or\n(v) section 35.\n(3) The institute may, in writing, require the applicant to give the institute\nadditional information that the institute reasonably needs to decide\nthe application.\n(4) If the applicant does not comply with a requirement under\nsubsection (3) within 28 days after the day the request is made, the\ninstitute may, subject to section 31, refuse to consider the application\nfurther and the application will lapse.\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Extension of time for meeting registration or permit to","content":"31 Extension of time for meeting registration or permit to\nteach requirements\n(1) An applicant for registration or a permit to teach, who is required to\nprovide additional information to the institute under section 30 (3)\nmay apply to the institute for an extension of time to give the\ninformation.\n(2) The application must—\n(a) be in writing; and\n(b) state the reasons for the extension of time; and\n(c) state the additional time the applicant considers necessary to\nmeet the registration or permit to teach requirements.\n(3) The institute may––\n(a) grant an extension of time; or\n(b) refuse to grant an extension of time.\n\n(4) If the institute refuses to grant an extension of time, the institute must\nnotify the applicant in writing and inform the applicant that the\ninstitute may refuse to consider the application further if the\ninformation is not given within 28 days after the day the notice is\ngiven.\n(5) The application lapses—\n(a) if the information is not given within the time granted under the\nextension; or\n(b) if the extension is refused—28 days after the day the notice is\ngiven under subsection (4).\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Eligibility for full registration","content":"32 Eligibility for full registration\n(1) A person is eligible for full registration as a teacher if the institute is\nsatisfied on reasonable grounds that––\n(a) the person—\n(i) holds provisional registration; or\n(ii) is an early childhood teacher; or\n(iii) previously held full registration; and\n(b) in the 5-year period before the day the application is made the\nperson taught for the period prescribed by regulation; and\n(c) if the person is an early childhood teacher or previously held full\nregistration—the person—\n(i) has a teaching qualification prescribed by regulation for\nsection 33 (1) (a); and\n(ii) meets the oral and written English language\ncommunication requirements prescribed by regulation for\nsection 33 (1) (b); and\n(d) the person holds working with vulnerable people registration;\nand\n\n(e) the person—\n(f) if the person has provisional registration or a permit to teach that\nis subject to 1 or more conditions––the person has fulfilled each\ncondition; and\n(g) the person meets any requirements prescribed by regulation for\nfull registration; and\nExamples\n1 compliance with an approved code of practice\n2 compliance with any nationally recognised standard of professional\npractice\n(h) the person’s registration or permit to teach has not been\nfor the cancellation of the person’s registration or permit to teach, is\neligible to be fully registered as a teacher if the institute is satisfied\non reasonable grounds, after considering the reason for the\ncancellation and anything relevant that the person has done since the\ncancellation, that the person should be fully registered.\n(3) The institute may make guidelines about the registration of people\nunder subsection (2).\n\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Eligibility for provisional registration","content":"33 Eligibility for provisional registration\n(1) A person is eligible for provisional registration as a teacher if the\ninstitute is satisfied on reasonable grounds that––\n(a) the person holds a teaching qualification prescribed by\n(b) the person has the oral and written English language\ncommunication requirements prescribed by regulation; and\n(c) the person holds working with vulnerable people registration;\nand\n(d) the person—\n(e) if the person has a permit to teach that is subject to 1 or more\nconditions––the person has fulfilled each condition; and\n(f) the person meets any requirements prescribed by regulation for\nprovisional registration; and\n(g) the person’s registration or permit to teach has not been\n\nfor the cancellation of the person’s registration or permit to teach, is\neligible to be provisionally registered as a teacher if the institute is\nsatisfied on reasonable grounds, after considering the reason for the\ncancellation and anything relevant that the person has done since the\ncancellation, that the person should be provisionally registered.\n(3) The institute may make guidelines about the registration of people\nunder subsection (2).\n","sortOrder":32},{"sectionNumber":"33A","sectionType":"section","heading":"Eligibility for early childhood teacher registration","content":"33A Eligibility for early childhood teacher registration\nA person is eligible for registration as an early childhood teacher if\nthe institute is satisfied on reasonable grounds that the person—\n(a) holds a teaching qualification prescribed by regulation for\n(b) meets the oral and written English language communication\nrequirements prescribed by regulation; and\n(c) holds working with vulnerable people registration; and\n(d) satisfies any of the following:\n(i) is an Australian citizen;\n(ii) is a New Zealand citizen;\n(e) meets any requirements prescribed by regulation for registration\nas an early childhood teacher.\n\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Eligibility for permit to teach","content":"34 Eligibility for permit to teach\nA person is eligible for a permit to teach if the institute is satisfied on\nreasonable grounds that––\n(a) the person––\n(i) has specialist knowledge, training, skills or qualifications,\nor has completed a teaching qualification that does not\nmeet the eligibility requirements for full or provisional\n(ii) has been offered a teaching position in a school where a\nsuitable registered teacher is not available to fill the\nposition and subject to the person obtaining a permit to\nteach; and\n(iii) meets the additional requirements in section 35; or\n(b) the person––\n(i) is progressing towards a qualification prescribed by\nregulation to become a teacher; and\n(ii) has completed all professional experience required to\nachieve the qualification; and\n(iii) has been offered a teaching position in a school subject to\nthe person obtaining a permit to teach; and\n(iv) meets the additional requirements in section 35.\n","sortOrder":34},{"sectionNumber":"35","sectionType":"section","heading":"Additional eligibility requirements for permits to teach","content":"35 Additional eligibility requirements for permits to teach\n(1) The institute must also be satisfied on reasonable grounds about the\nfollowing in relation to a person applying for a permit to teach:\n(a) that the person has the oral and written English language\ncommunication requirements prescribed by regulation;\n(b) the person holds working with vulnerable people registration;\n\n(c) for a person to whom section 34 (a) applies—that the person—\n(Cwlth);\n(d) that the person meets any requirements prescribed by regulation\nfor a permit to teach;\n(e) that the person’s permit to teach or registration has not been\nfor the cancellation of the person’s permit to teach or registration, is\neligible for a permit to teach if the institute is satisfied on reasonable\ngrounds, after considering the reason for the cancellation and\nanything relevant that the person has done since the cancellation, that\nthe person should be issued a permit to teach.\n(3) The institute may make guidelines about the issuing of permits to\nteach under subsection (2).\n","sortOrder":35},{"sectionNumber":"36","sectionType":"section","heading":"Decision on registration or permit to teach application","content":"36 Decision on registration or permit to teach application\n(1) On application by a person for full registration, provisional\nregistration, registration as an early childhood teacher or a permit to\nteach, the institute must—\n(a) if the person is eligible for full registration––fully register the\nperson; or\n\n(b) if the person is eligible for provisional registration––\nprovisionally register the person; or\n(c) if the person is eligible to be registered as an early childhood\nteacher—register the person as an early childhood teacher; or\n(d) if the person is eligible for a permit to teach––issue the person a\n(e) if the person is not eligible for full registration, provisional\nregistration or a permit to teach—refuse to register the person or\nissue a permit to teach.\n(2) The institute may provisionally register a person who applies for full\nregistration if the person––\n(a) is not eligible for full registration; but\n(b) is eligible for provisional registration.\n(3) If a person who applies for registration as an early childhood teacher\nis eligible for full or provisional registration, the institute may—\n(a) if the person is eligible for full registration—fully register the\nperson; or\n(b) if the person is eligible for provisional registration—\nprovisionally register the person.\n(4) The institute may register a person who applies for full or provisional\nregistration as an early childhood teacher if the person—\n(a) is not eligible for full registration or provisional registration; but\n(b) is eligible for registration as an early childhood teacher.\n(5) The institute may issue a permit to teach to a person who applies for\nregistration if the person––\n(a) is not eligible for registration; but\n(b) is eligible for a permit to teach.\n\n(6) However, the institute may refuse an application, or decide an\napplication under subsection (2), (3), (4) or (5), only if—\n(a) the institute has given the person written notice of the proposed\nrefusal or decision; and\n(i) the reasons for the proposed refusal or decision; and\n(ii) that written comments on the proposed refusal or decision,\nmay be made to the institute before the end of a stated\nperiod of at least 14 days after the day the notice is given\nto the person; and\n(c) the institute has considered any comments made by the person\n(7) If the institute refuses an application for registration or permit to\nteach, the institute must, as soon as practicable, refund the fee paid by\nthe person for the application.\n","sortOrder":36},{"sectionNumber":"37","sectionType":"section","heading":"Extension of period for decision on registration or permit","content":"37 Extension of period for decision on registration or permit\nto teach application\n(1) On written application by a person, the institute may extend the period\nmentioned in section 36 (6) (b) (ii).\n(2) The institute may extend the period only if the institute is satisfied on\n1 a person did not receive a notice under s 36 (6) (a) because the person was\nunexpectedly hospitalised\n2 a person needs more than 14 days to obtain information or documents to\nsupport the person’s written comments because the information or documents\n\n(3) The institute must tell the person in writing of the decision under\nsubsection (1) and—\n","sortOrder":37},{"sectionNumber":"38","sectionType":"section","heading":"Conditions of registration and permit to teach","content":"38 Conditions of registration and permit to teach\n(1) It is a condition of an approved teacher’s registration or permit to\nteach that the teacher––\n(a) undertakes continuing professional development in accordance\nwith any directions given under subsection (3); and\n(b) complies with an approved code of practice under section 59,\nrelating to professional conduct, as stated on the registration or\npermit to teach; and\n(c) maintains working with vulnerable people registration; and\n(d) tells the institute, in writing, if any of the following happen:\n(i) the teacher is given a negative notice under the Working\nwith Vulnerable People (Background Checking) Act 2011,\nsection 40;\n(ii) the teacher’s working with vulnerable people\n(A) is made subject to a condition or interim condition; or\n(B) is suspended; or\n(C) ends; and\n\n(e) if the teacher is an early childhood teacher—may only teach a\nchild who—\n(i) is not yet of compulsory education age; or\n(ii) is attending kindergarten.\n(2) The institute may, in writing, exempt an early childhood teacher from\nsubsection (1) (e) if the institute is satisfied on reasonable grounds\nthat, having considered the teacher’s demonstrated abilities,\nknowledge and skills, that subsection should not apply to the them.\n(3) The institute may give directions about continuing professional\ndevelopment for approved teachers.\n(4) A direction is a notifiable instrument.\n(5) The institute may impose additional conditions on the registration or\npermit to teach if the institute is satisfied the conditions are necessary\nto ensure the approved teacher meets the eligibility requirements\nunder—\n(c) section 33A (Eligibility for early childhood teacher\nregistration); or\n(d) section 34 (Eligibility for permit to teach); or\n(e) section 35 (Additional eligibility requirements for permits to\nExamples––additional conditions the institute might impose\n• requiring the teacher to complete a course or an additional qualification\n• requiring the supervision of the teacher\n• requiring an applicant for provisional registration to attain the eligibility\nrequirements necessary to apply for full registration within a stated period\n• restricting the subjects the teacher can teach\n\n(6) However, the institute may impose an additional condition, only if—\nadditional condition; and\n(i) the reasons for the proposed additional condition; and\n(ii) that written comments on the proposed additional\ncondition may be made to the institute before the end of a\nstated period of at least 14 days after the day the notice is\ngiven to the teacher; and\n(7) The institute may make guidelines for imposing additional conditions\non a registration or permit to teach.\n(8) A guideline is a notifiable instrument.\n(9) In this section:\ncompulsory education age—see the Education Act 2004, section 9.\nkindergarten means the first level of education provided by a school.\nlevel of education—see the Education Act 2004, dictionary.\n","sortOrder":38},{"sectionNumber":"39","sectionType":"section","heading":"Extension of period for decision on additional condition","content":"39 Extension of period for decision on additional condition\n(1) On written application by an approved teacher, the institute may\nextend the period mentioned in section 38 (6) (b) (ii).\n\n(2) The institute may extend the period only if the institute is satisfied on\nthe teacher’s circumstances.\n1 a teacher did not receive a notice under s 38 (6) (a) because the teacher was\nunexpectedly hospitalised\n2 a teacher needs more than 14 days to obtain information or documents to\nsupport the teacher’s written comments because the information or documents\n(3) The institute must tell the teacher in writing of the decision under\nsubsection (1) and—\nNote The institute must also give the teacher a reviewable decision notice in\n","sortOrder":39},{"sectionNumber":"40","sectionType":"section","heading":"Institute to give notice of registration or permit to teach","content":"40 Institute to give notice of registration or permit to teach\n(1) If the institute registers a person, or renews a person’s registration,\nthe institute must give the person a written notice stating the\nfollowing:\n(a) the person’s name;\n(b) the date the registration starts and ends;\n(c) the person’s unique registration number;\n(d) the type of registration the person holds;\n(e) any conditions of the registration.\n\n(2) If the institute issues a permit to teach to a person, or renews a\nperson’s permit to teach, the institute must give the person a written\nnotice stating the following:\n(a) the person’s name;\n(b) the date the permit to teach starts and ends;\n(c) each school where the person is permitted to teach;\n(d) any conditions of the permit to teach.\n","sortOrder":40},{"sectionNumber":"42","sectionType":"section","heading":"Keeping teachers register","content":"42 Keeping teachers register\n(1) The institute must keep a register (a teachers register) of teachers.\n(2) The teachers register may be kept in any form, including\nelectronically.\n(3) The institute must not disclose any information in the teachers\nregister to anyone else except in accordance with this Act or another\nlaw in force in the ACT.\nNote The Territory privacy principles (the TPPs) apply to the institute (see\nInformation Privacy Act 2014, sch 1). The TPPs deal with the collection,\nstorage and exchange of personal information.\n(4) Any mistake, error or omission in the teachers register must be\ncorrected.\nNote It is an offence to divulge protected information such as the information\non the teachers register unless authorised by law (see s 92).\n\nRegister of teachers Division 4.4\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"Details to be entered in teachers register","content":"43 Details to be entered in teachers register\n(1) The following details must be entered in the teachers register in\nrelation to a teacher:\n(a) the teacher’s name and any former names;\n(b) the address of each place (a registered teaching address) where\nthe teacher teaches;\n(c) the teacher’s home address, preferred contact address and email\naddress;\n(d) the teacher’s date of birth;\n(e) the teacher’s gender;\n(f) whether the teacher identifies as an Aboriginal or Torres Strait\nIslander person;\n(g) whether the teacher holds full registration, provisional\nregistration, registration as an early childhood teacher or a\npermit to teach;\n(h) the teacher’s unique registration number;\n(i) the date of registration or a permit to teach;\n(j) the period of registration or a permit to teach;\n(k) details of any qualifications and experience, including any\neducation program, relied on by the teacher to obtain registration\nor a permit to teach;\n(l) any conditions of registration or a permit to teach;\n(m) if the teacher’s registration or permit to teach has been\nsuspended––\n(i) the day the suspension took effect; and\n(ii) the grounds for suspension; and\n(iii) the period of suspension;\n\n(n) if the teacher’s registration or permit to teach has been\ncancelled––\n(i) the day the cancellation took effect; and\n(ii) the grounds for cancellation;\n(o) any other details prescribed by regulation.\n(2) The teachers register may also include the following information in\nrelation to teachers that the institute considers may be relevant for this\nAct:\n(a) current employment;\n(b) teaching history;\n(c) education programs undertaken;\n(d) anything else prescribed by regulation.\n","sortOrder":42},{"sectionNumber":"43A","sectionType":"section","heading":"Sharing teachers register information—status of","content":"43A Sharing teachers register information—status of\nregistration or permit\n(1) The following information on the teachers register must be made\navailable to a teacher’s employer or prospective employer on request:\n(a) whether a teacher holds full registration, provisional\nregistration, registration as an early childhood teacher or a\npermit to teach;\n(b) any conditions that apply to the teacher’s registration or permit\nto teach;\n(c) whether the teacher’s registration or permit to teach is\nsuspended or cancelled;\n(d) any education programs undertaken by the teacher.\n(2) However, the institute must not, under subsection (1) (c), make\navailable the grounds for suspension or cancellation of a teacher’s\nregistration or permit to teach.\n\nRegister of teachers Division 4.4\n(3) The institute may make information on the teachers register, about\nwhether a teacher holds full registration, provisional registration,\nregistration as an early childhood teacher or a permit to teach,\navailable to someone else on request.\n","sortOrder":43},{"sectionNumber":"44","sectionType":"section","heading":"Sharing teachers register information—corresponding","content":"44 Sharing teachers register information—corresponding\nregistering authority\nInformation in the register, including information that is not available\nto the public, may be given to a corresponding registering authority\nto assist in the regulation of teachers in the authority’s corresponding\njurisdiction.\nNote Section 66 deals with information that the institute must give to a\ncorresponding registering authority about suspension or cancellation\naction.\n","sortOrder":44},{"sectionNumber":"44A","sectionType":"section","heading":"Sharing teachers register information—approved data","content":"44A Sharing teachers register information—approved data\nlinkage agency\n(1) The institute may give information on the teachers register to an\napproved data linkage agency if the institute is satisfied the\ninformation will be used for a planning or research purpose.\nNote Approved data linkage agency—see s 94A.\n(2) An approved data linkage agency that receives information under this\nsection may give the information to another entity only for a planning\n(3) However, an approved data linkage agency that receives information\nunder this section must not—\n(a) give the information to another entity in a way that identifies a\nteacher; or\n(b) use the information—\n(i) in a way that identifies a teacher; or\n(ii) for a purpose other than a planning or research purpose.\n\n(4) In this section:\ninformation, on the teachers register, includes information removed\nfrom the teachers register under section 45 (3).\n","sortOrder":45},{"sectionNumber":"44B","sectionType":"section","heading":"Sharing teachers register information—other entities","content":"44B Sharing teachers register information—other entities\n(1) The institute may give information on the teachers register to an entity\nif the institute is satisfied the information will be used for a planning\n(2) However—\n(a) the institute must not give any information to an entity in a way\nthat identifies a teacher; and\n(b) the entity must not use the information for a purpose other than\na planning or research purpose.\ninformation, on the teachers register—see section 44A (4).\n","sortOrder":46},{"sectionNumber":"45","sectionType":"section","heading":"Changes to teachers register","content":"45 Changes to teachers register\n(1) A teacher must tell the institute about a change of the teacher’s name\nor address as soon as practicable but not later than 21 days after the\nchange happens.\n(2) If a teacher tells the institute about a change of name or address under\nthis section, the change must be entered in the teachers register.\n(3) If a person’s registration or permit to teach ends, details of the\nperson’s registration or permit to teach must be removed from the\nteachers register.\nNote For when a person’s registration or permit to teach ends, see s 58.\n(4) However, nothing in this section prevents the institute keeping a\nrecord of––\n(a) a previous name or address under subsection (2); or\n\nTerm of registration or permits to teach Division 4.5\n(b) details about registration or permits to teach removed from the\nregister under subsection (3).\n(5) In this section:\naddress means home address, registered teaching address, preferred\ncontact address and email address.\n","sortOrder":47},{"sectionNumber":"46","sectionType":"section","heading":"Teacher may correct teachers register","content":"46 Teacher may correct teachers register\n(1) The institute must, if asked by a teacher, give the teacher a copy of\nall the information held in the teachers register in relation to the\nteacher.\n(2) The institute must comply with subsection (1) as soon as practicable,\nbut not later than 14 days after the day the institute was asked.\n(3) A teacher may ask the institute to amend any incorrect information\nheld in the teachers register in relation to the teacher.\n(4) The institute must comply with the request if satisfied that the\ninformation is incorrect.\nDivision 4.5 Term of registration or permits to\n","sortOrder":48},{"sectionNumber":"47","sectionType":"section","heading":"Term of registration and permit to teach","content":"47 Term of registration and permit to teach\n(1) A registration or permit to teach—\n(a) is issued for a period prescribed by regulation; and\n(b) starts on—\n(i) for a registration—the day the registration is issued; and\n(ii) for a permit to teach—the day stated in the permit.\n(2) A full registration or registration as an early childhood teacher may\nbe renewed annually.\n\n(3) A provisional registration may be renewed in the circumstances, and\nfor the period, the institute is satisfied on reasonable grounds is\nappropriate.\nExamples—circumstances\nbecause of maternity leave, severe illness or other personal reasons a teacher is not\nable to gain the requisite teaching experience to achieve full registration within the\nprescribed period\n(4) A permit to teach may be renewed for a further period prescribed by\nregulation.\nDivision 4.6 Renewal of registration and permits to\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Notice of renewal for registration or permit to teach","content":"50 Notice of renewal for registration or permit to teach\n(1) If the institute fails to send a notice of renewal for a registration or\npermit to teach, or an approved teacher does not receive the notice,\nthe failure or nonreceipt does not affect—\n(a) the expiry of the registration or permit to teach; or\n(b) the requirements for renewal of the registration or permit to\nteach.\nnotice of renewal, for a registration or permit to teach, means a notice\naddressed to an approved teacher stating that the registration or\npermit to teach will end if the teacher does not renew the registration\nor permit to teach on or before the date stated in the notice.\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Renewal of registration","content":"51 Renewal of registration\n(1) A registered teacher may apply, in writing, to the institute not later\nthan the day the teacher’s registration ends to renew the registration.\n\n(2) The institute may, in writing, require the teacher to give the institute\nadditional information or documents that the institute reasonably\nneeds to decide the application.\n(3) If the teacher does not comply with a requirement under subsection\n(2), the institute may refuse to consider the application further.\n(4) On application to renew a registration, the institute must—\n(a) renew the registration; or\n(b) refuse to renew the registration.\n(5) The institute must renew the registration if satisfied—\n(a) for the renewal of––\n(i) a full registration—that the teacher meets the requirements\nmentioned in section 32 (1) (e) to (h) and, in the 5-year\nperiod before the application for renewal is made, has\ntaught for the period prescribed by regulation; or\n(ii) a provisional registration—that the teacher meets the\nrequirements mentioned in section 33 (1) (a) and (d) to (g);\nor\n(iii) a registration as an early childhood teacher—that the\nteacher meets the requirements mentioned in\nsection 33A (a), (d) and (e); and\n(b) that the teacher is complying with any condition of the\n(c) that the teacher has undertaken any further professional\neducation or development requirements prescribed by\n(d) that the teacher holds working with vulnerable people\n\n(6) However, the institute may refuse to renew the registration, only if—\nrefusal; and\n(i) the reasons for the proposed refusal; and\n(ii) that written comments on the proposed refusal may be\nand\nNote The teacher may apply for an extension of the period (see\ns 55).\n(7) If a teacher applies to renew a registration under this section, the\nregistration remains in force until the application is decided.\n(8) A renewed registration is effective from the expiry day of the\nregistration held immediately before renewal.\n(9) A teacher who does not apply for renewal of the teacher’s registration\nunder subsection (1) is not entitled to apply for the renewal of the\nregistration but may apply for registration under section 30.\n(10) If the institute decides not to renew a teacher’s registration, the\ninstitute must as soon as practicable refund the fee, if any, paid by the\nteacher.\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Renewal of registration with conditions","content":"52 Renewal of registration with conditions\n(1) The institute may renew a registration with conditions if the institute\nis satisfied the conditions are necessary to ensure the teacher meets\nthe eligibility requirements under—\n\n(c) section 33A (Eligibility for early childhood teacher registration).\nExamples––additional conditions the institute might impose\n• requiring the teacher to complete a course or an additional qualification\n• requiring a teacher renewing provisional registration to attain the eligibility\nrequirements necessary to apply for full registration within a stated period\nNote The institute may also impose, amend or remove a condition under s 56\n(Amendment of registration or permit to teach on institute’s initiative)\nand s 57 (Amendment of registration or permit to teach on application).\n(2) However, the institute may impose a condition, only if—\ncondition; and\nand\nNote The teacher may apply for an extension of the period (see\ns 55).\n(3) The institute may make guidelines for imposing conditions on a\nrenewal of registration.\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Renewal of permits to teach","content":"53 Renewal of permits to teach\n(1) A permit-holder may apply, in writing, to the institute not later than\nthe day the permit-holder’s permit to teach ends to renew the permit\nto teach.\n\n(2) The institute may, in writing, require the permit-holder to give the\ninstitute additional information or documents that the institute\nreasonably needs to decide the application.\n(3) If the permit-holder does not comply with a requirement under\n(4) On application to renew a permit to teach, the institute must—\n(a) renew the permit to teach; or\n(b) refuse to renew the permit to teach.\n(5) The institute must renew the permit to teach if satisfied––\n(a) that the permit-holder is eligible for a permit to teach; and\n(b) that the permit-holder is complying with any condition of the\npermit to teach; and\n(c) that the permit-holder has undertaken any further professional\neducation or development requirements prescribed by\n(d) that the permit-holder holds working with vulnerable people\n(6) However, the institute may refuse to renew the permit to teach, only\nif—\n(a) the institute has given the permit-holder written notice of the\nproposed refusal; and\n(i) the reasons for the proposed refusal; and\n\n(ii) that written comments on the proposed refusal may be\nleast 14 days after the day the notice is given to the permit-\nholder; and\nNote The permit-holder may apply for an extension of the period\n(see s 55).\n(c) the institute has considered any comments made by the permit-\nholder before the end of the stated period.\n(7) If an applicant applies to renew a permit to teach under this section,\nthe permit to teach remains in force until the application is decided.\n(8) A permit to teach that is renewed is effective from the expiry day of\nthe permit to teach held immediately before renewal.\n(9) A permit-holder who does not apply for renewal of a permit to teach\nunder subsection (1) is not entitled to apply for the renewal of the\npermit but may apply for a permit to teach under section 30.\n(10) If the institute decides not to renew a person’s permit to teach, the\ninstitute must as soon as practicable refund the fee, if any, paid by the\napplicant.\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Renewal of permits to teach with conditions","content":"54 Renewal of permits to teach with conditions\n(1) The institute may renew a permit to teach with conditions if the\ninstitute is satisfied the conditions are necessary to ensure the permit-\nholder meets the eligibility requirements under—\n(c) section 33A (Eligibility for early childhood teacher\nregistration); or\n(d) section 34 (Eligibility for permit to teach); or\n\n(e) section 35 (Additional eligibility requirements for permits to\nExamples––conditions the institute might impose\n• requiring the permit-holder to complete a course or an additional qualification\n• requiring the permit-holder to attain the eligibility requirements necessary to\napply for provisional or full registration within a stated period\n• restricting the subjects the permit-holder can teach\nNote The institute may also impose, amend or remove a condition under s 56\n(Amendment of registration or permit to teach on institute’s initiative)\nand s 57 (Amendment of registration or permit to teach on application).\n(2) However, the institute may impose a condition, only if—\n(a) the institute has given the permit-holder written notice of the\nproposed condition; and\nand\nNote The permit-holder may apply for an extension of the period\n(see s 55).\n(c) the institute has considered any comments made by the permit-\nholder before the end of the stated period.\n(3) The institute may make guidelines for imposing conditions on a\nrenewal of a permit to teach.\n\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Extension of period for decision on renewal of","content":"55 Extension of period for decision on renewal of\nregistration or permit to teach or imposition of condition\n(1) This section applies if a person seeks an extension of a period\nmentioned in the following sections to provide written comments:\n(a) section 51 (6) (b) (ii) (Renewal of registration);\n(b) section 52 (2) (b) (ii) (Renewal of registration with conditions);\n(c) section 53 (6) (b) (ii) (Renewal of permits to teach);\n(d) section 54 (2) (b) (ii) (Renewal of permits to teach with\nconditions).\n(2) On written application by a person, the institute may extend the period\nmentioned in the section.\n(3) The institute may extend the period only if the institute is satisfied on\n1 a person did not receive the written notice under the relevant section because\nthe person was unexpectedly hospitalised\n2 a person needs more than 14 days to obtain information or documents to\nsupport the person’s written comments because the information or documents\n(4) The institute must tell the person in writing of the decision under\nsubsection (2) and—\n\nDivision 4.7 Amendment and end of registration and permits to teach\nDivision 4.7 Amendment and end of registration\nand permits to teach\n56 Amendment of registration or permit to teach on\ninstitute’s initiative\n(1) The institute may, at any time on the institute’s own initiative, amend\nan approved teacher’s registration or permit to teach, including by\nimposing, amending or removing a condition, other than a condition\nmentioned in section 38 (1) (Conditions of registration and permits to\n(2) However, the institute may amend a registration or permit to teach\nonly if—\namendment; and\n(i) the reasons for the proposed amendment; and\n(ii) that written comments on the proposal may be made to the\ninstitute before the end of a stated period of at least 14 days\nafter the day the notice is given to the teacher; and\n(c) the institute has considered any comments made before the end\nof the stated period.\n(3) On written application by the teacher, the institute may extend the\nperiod mentioned in subsection (2) (b) (ii).\n\nAmendment and end of registration and permits to teach Division 4.7\n(4) The institute may extend the period only if the institute is satisfied on\nthe teacher’s circumstances.\n1 a teacher did not receive the written notice under the relevant section because\nthe teacher was unexpectedly hospitalised\n2 a teacher needs more than 14 days to obtain information or documents to\nsupport the teacher’s written comments because the information or documents\n(5) The institute must tell the teacher in writing of a decision under\nsubsection (3) and—\nNote The institute must also give the teacher a reviewable decision notice in\n(6) The institute may make guidelines for amending a registration or\npermit to teach.\n(7) A guideline is a notifiable instrument.\n","sortOrder":55},{"sectionNumber":"57","sectionType":"section","heading":"Amendment of registration or permit to teach on","content":"57 Amendment of registration or permit to teach on\napplication\n(1) An approved teacher may apply to the institute to amend the teacher’s\nregistration or permit to teach, including by amending or removing a\ncondition, other than a condition mentioned in section 38 (1)).\n\nDivision 4.7 Amendment and end of registration and permits to teach\n(2) The institute may, in writing, require the applicant to give the institute\nadditional information or documents that the institute reasonably\nneeds to decide the application.\n(3) If the applicant does not comply with a requirement under\n(4) On application by an approved teacher to amend a registration or\npermit to teach the institute must—\n(a) amend the registration or permit to teach in the way applied for;\nor\n(b) refuse to amend the registration or permit to teach.\n(5) In deciding whether to amend the registration or permit to teach, the\ninstitute may consider anything the institute may consider in relation\nto an application for a registration or permit to teach.\n","sortOrder":56},{"sectionNumber":"58","sectionType":"section","heading":"End of registration or permit to teach","content":"58 End of registration or permit to teach\nA person’s registration or permit to teach ends—\n(a) if the registration or permit to teach is not renewed––on the day\nthe registration or permit to teach ends; or\n(b) if the registration or permit to teach is cancelled––on the day the\ncancellation takes effect; or\nNote A registration or permit to teach may be cancelled under the\nfollowing sections:\n• s 65 (1) (Suspending or cancelling registration or permit to\nteach)\n• s 68 (Voluntary cancellation of registration or permit to teach)\n• s 69 (Inquiries about registered addresses).\n(c) if the person dies.\n\nCodes of practice Part 5\n","sortOrder":57},{"sectionNumber":"59","sectionType":"section","heading":"Codes of practice","content":"59 Codes of practice\n(1) The Minister may approve a code of practice (an approved code of\npractice) to provide guidance about appropriate professional conduct\nor practice for the teaching profession.\n(2) Before approving a proposed code of practice, the Minister must\nconsult the institute.\n(3) An approved code of practice may consist of a code, standard, rule,\nspecification or provision relating to the practice of teaching and may\napply, adopt or incorporate a law or instrument, or a provision of a\nlaw or instrument, as in force from time to time.\nNote A statutory instrument may also apply, adopt or incorporate (with or\nwithout change) a law or instrument (or a provision of a law or\ninstrument) as in force at a particular time (see Legislation Act, s 47 (1)).\n(4) An approved code of practice is a disallowable instrument.\n","sortOrder":58},{"sectionNumber":"60","sectionType":"section","heading":"Notice of code approvals","content":"60 Notice of code approvals\n(1) The institute must give public notice of each approval of a code under\nsection 59 (1) that—\n(a) states the date when the approval takes effect; and\n(b) states the place where copies of the code to which the approval\nrelates may be purchased; and\n(c) contains a statement to the effect that an up-to-date copy of each\napproved code, and any document the provisions of which are\napplied, adopted or incorporated in an approved code, may be\ninspected by members of the public during normal business\nhours at the office of an administrative unit administered by the\ndirector-general and an office operated by the institute.\nNote Public notice means notice on an ACT government website or in a daily\nnewspaper circulating in the ACT (see Legislation Act, dict, pt 1).\n\n(2) The director-general must, at all times, ensure that an up-to-date copy\nof each approved code of practice, and any document the provisions\nof which are applied, adopted or incorporated in an approved code are\navailable for inspection by members of the public during normal\nbusiness hours at the office of an administrative unit administered by\nthe director-general and an office operated by the institute.\n","sortOrder":59},{"sectionNumber":"61","sectionType":"section","heading":"Approved code of practice may be considered","content":"61 Approved code of practice may be considered\nIn deciding whether a person has met an appropriate standard of\nprofessional conduct or practice under this Act, the institute may\nconsider whether a person has complied with any approved code of\npractice in relation to the conduct or practice.\n","sortOrder":60},{"sectionNumber":"62","sectionType":"section","heading":"Relationship of Act with approved codes of practice","content":"62 Relationship of Act with approved codes of practice\n(1) An approved code of practice has no effect to the extent that it is\ninconsistent with this Act.\n(2) However, an approved code of practice is taken to be consistent with\nthis Act to the extent that it can operate concurrently with this Act.\nNote 1 For the approval of codes of practice, see s 59.\nNote 2 A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n\nSuspension or cancellation of registration or permits to teach Division 6.1\n","sortOrder":61},{"sectionNumber":"Div 6","sectionType":"division","heading":"1 Suspension or cancellation of","content":"Division 6.1 Suspension or cancellation of\nregistration or permits to teach\n","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"Grounds for suspending or cancelling registration or","content":"63 Grounds for suspending or cancelling registration or\npermits to teach\n(1) The institute may suspend or cancel a person’s registration or permit\nto teach if––\n(a) the person––\n(i) contravenes a condition of the person’s registration or\n(ii) has become mentally or physically incapacitated and the\nincapacity prevents the person from performing an inherent\nrequirement of their job as a teacher; and\n(b) the institute believes on reasonable grounds that suspension or\ncancellation is necessary for this Act.\nNote The institute’s decision to suspend or cancel a person’s registration or\npermit to teach is reviewable (see s 88).\n(2) Also, the institute may suspend a person’s registration or permit to\nteach if the institute is satisfied on reasonable grounds that an\nunacceptable risk of harm to a child would exist if the person’s\nregistration or permit to teach were not suspended.\n(3) The institute may, at any time, consider whether there is a ground for\nsuspending or cancelling a person’s registration or permit to teach\nunder subsection (1).\n","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Notice of proposed suspension or cancellation of","content":"64 Notice of proposed suspension or cancellation of\nregistration or permits to teach\n(1) The institute must give written notice to a person of an intention to\nsuspend or cancel the person’s registration or permit to teach.\n\nDivision 6.1 Suspension or cancellation of registration or permits to teach\n(2) However, the institute need not give the notice to the person if the\ninstitute intends to suspend the person’s registration or permit to teach\nunder section 63 (2).\n(3) The notice must—\n(a) set out the ground for suspension or cancellation; and\n(b) state that the person may, within 14 days after the day the\ninstitute gives the person the notice, give reasons why the person\nconsiders that the registration or permit to teach should not be\nsuspended or cancelled.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n(4) On written application by the person, the institute may extend the\nperiod mentioned in subsection (3) (b).\n(5) The institute may extend the period only if the institute is satisfied on\n(6) The institute must tell the person in writing of a decision under\nsubsection (4) and—\n\nSuspension or cancellation of registration or permits to teach Division 6.1\n","sortOrder":64},{"sectionNumber":"65","sectionType":"section","heading":"Suspending or cancelling registration or permit to teach","content":"65 Suspending or cancelling registration or permit to teach\n(1) The institute may suspend or cancel a person’s registration or permit\nto teach if the institute—\n(a) if notice is required to be given under section 64—has given\nwritten notice to the person of an intention to suspend or cancel\nthe registration or permit to teach; and\n(b) has considered any reasons given by the person in accordance\nwith the notice; and\n(c) is satisfied that the ground for suspension or cancellation under\nsection 63 exists.\nNote The institute’s decision to suspend or cancel a person’s registration or\npermit to teach is reviewable (see s 88).\n(2) If the institute decides to suspend or cancel a person’s registration or\npermit to teach, the institute must—\n(a) tell the person in writing—\n(i) that the person’s registration or permit to teach is\nsuspended or cancelled; and\n(ii) the ground for suspension or cancellation; and\n(iii) if the registration or permit to teach is suspended––the\nperiod of suspension; and\nNote The institute must also give the person a reviewable decision notice\nin relation to the decision to suspend or cancel the person’s\nregistration or permit to teach (see s 89).\n(b) tell the person’s employer (if any) in writing that the person’s\nregistration or permit to teach is suspended or cancelled.\n(3) For subsection (2) (b), the institute must not tell the person’s\nemployer the ground for suspension or cancellation.\n\nDivision 6.1 Suspension or cancellation of registration or permits to teach\n(4) The suspension or cancellation takes effect—\n(a) on the day after the day the institute tells the person in writing\nthat the person’s registration or permit to teach is suspended or\ncancelled; or\n(b) if a later date is stated in the notice of suspension or\ncancellation—the later date.\n","sortOrder":65},{"sectionNumber":"66","sectionType":"section","heading":"Giving corresponding registering authorities information","content":"66 Giving corresponding registering authorities information\nabout suspension or cancellation action\n(1) This section applies if the institute suspends or cancels a person’s\nregistration or permit to teach.\n(2) The institute must give each corresponding registering authority the\nfollowing information in relation to the person:\n(a) the name and any other identifying details of the person;\n(b) a short description of the ground for suspension or cancellation;\n(c) if the registration or permit to teach is suspended—the period of\nsuspension;\n(d) when the suspension or cancellation takes effect.\n(3) This section does not limit any other requirement or power, under this\nAct or another law in force in the ACT, to give information to a\ncorresponding registering authority.\n","sortOrder":66},{"sectionNumber":"67","sectionType":"section","heading":"Employer’s obligation to notify institute about teacher","content":"67 Employer’s obligation to notify institute about teacher\nThe employer of an approved teacher must tell the institute, in\nwriting, if the employer has reasonable grounds for believing any of\nthe following has happened:\n(a) the teacher has become mentally or physically incapacitated and\nthe incapacity prevents the person from performing an inherent\nrequirement of their job as a teacher;\n\nOther regulatory action Division 6.2\n(b) the teacher is given a negative notice under the Working with\nVulnerable People (Background Checking) Act 2011,\nsection 40;\n(c) the teacher’s working with vulnerable people registration—\n(i) is made subject to a condition or interim condition; or\n(iii) has ended.\nDivision 6.2 Other regulatory action\n","sortOrder":67},{"sectionNumber":"68","sectionType":"section","heading":"Voluntary cancellation of registration or permit to teach","content":"68 Voluntary cancellation of registration or permit to teach\nThe institute must cancel an approved teacher’s registration or permit\nto teach if—\n(a) the teacher asks, in writing, for the cancellation; and\n(b) the institute has no ground for believing that the teacher has\ncontravened, or is contravening, this Act.\n","sortOrder":68},{"sectionNumber":"69","sectionType":"section","heading":"Inquiries about registered addresses","content":"69 Inquiries about registered addresses\n(1) The institute may, by written notice, ask a person—\n(a) if the person’s address in the teachers register is correct; and\n(b) for a person without a registered teaching address—if the person\nhas a school address.\n(2) A notice under subsection (1) must state the consequences under\nsubsection (3) of failing to respond to the notice.\n(3) If the institute does not receive an answer to a notice sent to a person\nunder subsection (1) within 2 months after the day the notice is sent\nto the person, the institute may cancel the person’s registration or\npermit to teach.\n\n","sortOrder":69},{"sectionNumber":"70A","sectionType":"section","heading":"Disclosure of information to institute","content":"70A Disclosure of information to institute\n(1) The institute may, by written notice, ask the employer of an approved\nteacher for any information that the institute believes on reasonable\ngrounds is relevant to—\n(a) considering, under this part, whether there is a ground for\nsuspending or cancelling an approved teacher’s registration or\n(b) imposing a condition on an approved teacher’s registration or\npermit to teach under section 38 (Conditions of registration and\npermit to teach).\n(2) The employer of an approved teacher must give the institute any\ninformation in relation to an approved teacher that is requested under\nsubsection (1).\n","sortOrder":70},{"sectionNumber":"70B","sectionType":"section","heading":"Employer to tell institute about notification event","content":"70B Employer to tell institute about notification event\n(1) The employer of an approved teacher commits an offence if—\n(a) a notification event happens in relation to the approved teacher;\nand\n(b) the employer does not, on the day of the notification event or\nwithin 5 working days after the event, give written notice of the\nevent to the institute.\ndisciplinary action means any of the following actions by the\nemployer of an approved teacher:\n(a) terminating the employment of the approved teacher;\n\nDisclosure of information Division 6.3\n(b) if there is a formal investigation of, or a full admission by, the\napproved teacher—\n(i) giving a written warning to the approved teacher; or\n(ii) imposing a financial penalty on the approved teacher; or\n(iii) lowering the classification level of the approved teacher;\nor\n(iv) transferring the approved teacher to another position at\ntheir current classification level or a lower level (either\npermanently or temporarily); or\n(v) removing an employment-related monetary benefit from\nthe approved teacher.\nformal investigation, by an employer—\n(a) includes an investigation of a matter—\n(i) under an internal or external procedure of the employer; or\n(ii) by an independent or external body engaged by the\nemployer for the investigation; but\n(b) does not include a preliminary factual inquiry by the employer\nabout a matter.\nnotification event means any of the following:\n(a) the employer of an approved teacher tells the teacher that the\nemployer has decided to begin a formal investigation of the\nteacher;\n(b) the employer of an approved teacher takes disciplinary action\nagainst the teacher under the terms of the teacher’s employment;\n(c) the employer of an approved teacher removes, cancels or ends\nthe access of the teacher to casual employment;\n(d) an approved teacher, who is the subject of a formal investigation\nor preliminary factual inquiry by the employer, resigns.\n\npreliminary factual inquiry, by an employer, means an investigation\nof a matter by the employer to assess whether to conduct a formal\ninvestigation of the matter.\n","sortOrder":71},{"sectionNumber":"70C","sectionType":"section","heading":"Institute may request further information","content":"70C Institute may request further information\n(1) If notice is given under section 70B by the employer of an approved\nteacher, the institute may, by written notice, ask the employer to give\nfurther information within a stated time in relation to the notification\nevent.\nfurther information, in relation to a notification event, includes the\nfollowing:\n(a) identifying details of the approved teacher;\n(b) a description of the notification event;\n(c) the date the notification event occurred;\n(d) details about any planned, ongoing or completed investigation\nof the notification event;\n(e) other information in relation to the notification event.\nnotification event—see section 70B (3).\n70CA Institute to give relevant information to prevent child\nharm\n(1) This section applies if—\n(a) the institute is satisfied on reasonable grounds that a person\nposes an unacceptable risk of harm to a child; and\n(b) the person is, or has been, an approved teacher.\n\nDisclosure of information Division 6.3\n(2) The institute must give relevant information about the person to the\nregulatory authority or a corresponding registering authority if the\ninstitute is satisfied on reasonable grounds that giving the relevant\ninformation to the authority could prevent the person from harming a\nchild.\nnotification event—see section 70B (3).\nregulatory authority—see the Education and Care Services National\nLaw (ACT), section 5 (1).\nNote 1 The director-general is the regulatory authority (see Education and Care\nServices National Law (ACT) Act 2011, s 10).\nNote 2 The Education and Care Services National Law (ACT) Act 2011, s 6\napplies the Education and Care Services National Law set out in the\nEducation and Care Services National Law Act 2010 (Vic), schedule as\nif it were an ACT law called the Education and Care Services National\nLaw (ACT).\nrelevant information, in relation to a person who is, or has been, an\napproved teacher, means any of the following information:\n(a) the type of registration the person holds or has held;\n(b) whether the person is, or has been, a permit-holder;\n(c) whether the person’s application for registration or permit to\nteach has been refused;\n(d) whether the person’s registration or permit to teach is suspended\nor cancelled;\n(e) the nature of any conditions imposed on the person’s registration\nor permit to teach;\n(f) the nature of any notification event that has happened in relation\nto the person;\n\n(g) the person’s teaching qualifications;\n(h) whether the person holds working with vulnerable people\n","sortOrder":72},{"sectionNumber":"70D","sectionType":"section","heading":"Protection of information disclosed under this division","content":"70D Protection of information disclosed under this division\n(1) A requirement to disclose information to the institute under this\ndivision—\n(a) applies despite any territory law to the contrary; and\n(b) does not limit the disclosure of information that may be made\nunder any other territory law.\n(2) A person disclosing information to the institute under this division is\nnot civilly liable for anything done or omitted to be done honestly and\nwithout recklessness—\n(a) in complying with this division; or\n(b) in the reasonable belief that the disclosure complied with this\ndivision.\n\nPreliminary Division 6A.1\n","sortOrder":73},{"sectionNumber":"Div 6A","sectionType":"division","heading":"1 Preliminary","content":"Division 6A.1 Preliminary\n","sortOrder":74},{"sectionNumber":"70E","sectionType":"section","heading":"Meaning of professional experience","content":"70E Meaning of professional experience\nIn this Act:\nprofessional experience means the placement of a pre-service teacher\nat a school to undertake the professional teaching experience required\nof an accredited pre-service teacher education program.\nDivision 6A.2 Approval for professional experience\n","sortOrder":75},{"sectionNumber":"70F","sectionType":"section","heading":"Approval required for professional experience","content":"70F Approval required for professional experience\nA pre-service teacher must not undertake professional experience at\na school unless the pre-service teacher is approved for professional\nexperience.\n","sortOrder":76},{"sectionNumber":"70G","sectionType":"section","heading":"Professional experience approval","content":"70G Professional experience approval\n(1) A person may apply to the institute for approval for professional\nexperience if the person—\n(a) is a pre-service teacher; and\n(b) holds a working with vulnerable people registration.\n(2) The application must include—\n(a) any details prescribed by regulation; and\n(b) any documents or information needed to satisfy the institute of\nthe matters set out in subsection (1).\n(3) However, the application need not include any details prescribed by\nregulation as optional.\n\n(4) The institute must, on application, approve a person for professional\nexperience if satisfied that the person meets—\n(a) the requirements set out in subsection (1); and\n(b) any other requirements prescribed by regulation.\n(5) A pre-service teacher’s approval is in force for the period—\n(a) beginning on the day the approval is given; and\n(b) ending on the earliest of any of the following occurring:\n(i) the pre-service teacher stops being enrolled in an\naccredited pre-service teacher education program;\n(ii) the pre-service teacher’s working with vulnerable people\n(A) is made subject to a condition that the person not\nengage in a regulated activity involving children; or\n(B) is suspended; or\n(C) ends;\n(iii) the pre-service teacher no longer meets any requirement\nprescribed by regulation under subsection (4) (b);\n(iv) any period for an approval prescribed by regulation ends.\n","sortOrder":77},{"sectionNumber":"70H","sectionType":"section","heading":"Register of pre-service-teachers","content":"70H Register of pre-service-teachers\n(1) The institute must keep a register (the pre-service teachers register)\nof pre-service teachers who are approved to undertake professional\nexperience.\n\n(2) The pre-service teachers register may be kept in any form, including\nelectronically.\n(3) The institute must not disclose any information on the pre-service\nteachers register to anyone else except in accordance with this Act or\nanother law in force in the ACT.\nNote The Territory privacy principles (the TPPs) apply to the institute (see\nInformation Privacy Act 2014, sch 1). The TPPs deal with the collection,\nstorage and exchange of personal information.\n(4) Any mistake, error or omission on the pre-service teachers register\nmust be corrected.\nNote It is an offence to divulge protected information such as the information\non the pre-service teachers register unless authorised by law (see s 92).\n","sortOrder":78},{"sectionNumber":"70I","sectionType":"section","heading":"Details to be entered on pre-service teachers register","content":"70I Details to be entered on pre-service teachers register\n(1) The following details must be entered on the pre-service teachers\nregister in relation to a pre-service teacher approved for professional\nexperience:\n(a) the pre-service teacher’s—\n(i) name and any former names; and\n(ii) home address, preferred contact address, phone number\nand email address; and\n(iii) date of birth; and\n(iv) working with vulnerable people registration;\n(b) any number issued by the Commonwealth to uniquely identify\nthe pre-service teacher as a Commonwealth assisted student;\nthe pre-service teacher’s Commonwealth Higher Education Student Support\nNumber\n\n(c) details of the accredited pre-service teacher education program\nin which the pre-service teacher is enrolled, including—\n(i) the program provider’s name; and\n(ii) the name of the program;\n(d) details of any professional experience the pre-service teacher\nhas undertaken or intends to undertake at a school within or\noutside the ACT, including—\n(i) the name and address of the school; and\n(ii) the period of the placement; and\n(iii) the name of any person supervising or mentoring the\npre-service teacher;\n(e) the period the approval is in force;\n(f) the approval number;\n(g) any other details prescribed by regulation.\n(2) The pre-service teachers register may also include—\n(a) the pre-service teacher’s gender; and\n(b) whether the pre-service teacher is an Aboriginal or Torres Strait\nIslander person; and\n(c) any details about any education program or professional\nexperience of a pre-service teacher that the institute considers\nmay be relevant for this Act.\n\n","sortOrder":79},{"sectionNumber":"70J","sectionType":"section","heading":"Sharing pre-service teachers register information—","content":"70J Sharing pre-service teachers register information—\nprincipals and universities\n(1) The institute may, on request, give relevant information about a\npre-service teacher held on the pre-service teachers register to the\nfollowing people:\n(a) the principal of a school within or outside the ACT at which the\npre-service teacher has undertaken, or intends to undertake,\nprofessional experience;\n(b) the provider of the accredited pre-service teacher education\nprogram in which the pre-service teacher is enrolled.\n(2) However, the institute must not give the relevant information unless\nsatisfied the person needs the information for the administration of\nthe pre-service teacher’s professional experience.\nrelevant information, about a pre-service teacher, means—\n(a) the pre-service teacher’s—\n(i) name and any former names; and\n(ii) home address, preferred contact address, phone number\nand email address; and\n(iii) date of birth; and\n(iv) working with vulnerable people registration; and\n(b) the name of the provider of the accredited pre-service teacher\neducation program in which the pre-service teacher is enrolled;\nand\n(c) the following details of any professional experience the\npre-service teacher has undertaken or intends to undertake at a\nschool within or outside the ACT:\n(i) the name and address of the school;\n\n(ii) the period of the professional experience;\n(iii) the name of any person supervising or mentoring the\npre-service teacher.\n","sortOrder":80},{"sectionNumber":"70K","sectionType":"section","heading":"Sharing pre-service teacher information—approved data","content":"70K Sharing pre-service teacher information—approved data\nlinkage agency\n(1) The institute may give information on the pre-service teachers\nregister to an approved data linkage agency if the institute is satisfied\nthe information will be used for a planning or research purpose.\nNote Approved data linkage agency—see s 94A.\n(2) An approved data linkage agency that receives information under this\nsection may give the information to another entity only for a planning\n(3) However, an approved data linkage agency that receives information\nunder this section must not—\n(a) give the information to another entity in a way that identifies a\npre-service teacher or a provider of an accredited pre-service\nteacher education program; or\n(b) use the information—\n(i) in a way that identifies a pre-service teacher or a provider\nof an accredited pre-service teacher education program; or\n(ii) for a purpose other than a planning or research purpose.\n(4) In this section:\ninformation, on the pre-service teachers register, includes\ninformation removed from the pre-service teachers register under\nsection 70M (4).\n\n","sortOrder":81},{"sectionNumber":"70L","sectionType":"section","heading":"Sharing pre-service teachers register information—other","content":"70L Sharing pre-service teachers register information—other\nentities\n(1) The institute may give information on the pre-service teachers\nregister to an entity if the institute is satisfied the information will be\nused for a planning or research purpose.\n(2) However—\n(a) the institute must not give the information to an entity in a way\nthat identifies a pre-service teacher or a provider of an accredited\npre-service teacher education program; and\n(b) the entity must not use the information for a purpose other than\na planning or research purpose.\ninformation, on the pre-service teachers register—see\nsection 70K (4).\n","sortOrder":82},{"sectionNumber":"70M","sectionType":"section","heading":"Changes to pre-service teachers register","content":"70M Changes to pre-service teachers register\n(1) A pre-service teacher approved for professional experience must tell\nthe institute about any of the following events as soon as practicable,\nbut not later than 21 days, after the event happens:\n(a) the pre-service teacher’s name or address changes;\n(b) the pre-service teacher’s working with vulnerable people\n(i) is made subject to a condition that the person not engage in\na regulated activity involving children; or\n(iii) ends.\n\n(2) The provider of the accredited pre-service teacher education program\nin which a pre-service teacher is enrolled must tell the institute—\n(a) if the pre-service teacher’s enrolment ends; or\n(b) if the provider becomes aware that the pre-service teacher’s\nworking with vulnerable people registration—\n(i) is subject to a condition that the person not engage in a\nregulated activity involving children; or\n(iii) has ended.\n(3) If a change in relation to a pre-service teacher is notified under\nsubsection (1) or (2), the institute must enter the change on the\npre-service teachers register.\n(4) If a pre-service teacher’s approval ends, the pre-service teacher’s\ndetails must be removed from the pre-service teachers register.\nNote For when a pre-service teacher’s approval ends, see s 70G (5) (b).\n(5) However, nothing in this section prevents the institute keeping a\nrecord of any of the following in relation to a pre-service teacher or\nan approval:\n(a) a previous name or address of the pre-service teacher;\n(b) a previous enrolment of the pre-service teacher in a pre-service\nteaching education program;\n(c) any details removed from the pre-service teachers register under\nsubsection (4).\n(6) In this section:\naddress means home address, preferred contact address and email\naddress.\n\n","sortOrder":83},{"sectionNumber":"70N","sectionType":"section","heading":"Pre-service teacher may correct pre-service teachers","content":"70N Pre-service teacher may correct pre-service teachers\nregister\n(1) The institute must, if asked by a pre-service teacher, give the\npre-service teacher a copy of all the information held on the\npre-service teachers register in relation to the pre-service teacher.\n(2) The institute must comply with subsection (1) as soon as practicable,\nbut not later than 14 days, after the day the institute is asked.\n(3) A pre-service teacher may ask the institute to amend any incorrect\ninformation held on the pre-service teachers register in relation to the\npre-service teacher.\n(4) The institute must comply with the request if satisfied that the\ninformation is incorrect.\n\nDivision 7.1 Register of accredited education programs\nPart 7 Accreditation––education\nprograms\nDivision 7.1 Register of accredited education\nprograms\n71 Education programs register\n(1) The institute must keep a register of education programs\n(an education programs register).\n(2) The institute must enter in the education programs register details of\nthe following:\n(a) programs that the institute accredits;\n(b) programs that the institute suspends or cancels;\n(c) anything else decided by the institute in relation to education\nprograms.\n(3) The education programs register––\n(a) may be kept in any form, including electronically; and\n(b) must be made available to the public.\nExample––par (a)\n(4) However, subsection (3) (b) does not apply to details in the education\nprograms register about anything prescribed by regulation.\n(5) Any mistake, error or omission in the education programs register\nmust be corrected.\n\n","sortOrder":84},{"sectionNumber":"72","sectionType":"section","heading":"Institute may initiate accreditation of education program","content":"72 Institute may initiate accreditation of education program\n(1) The institute may, on its own initiative, accredit an education\nprogram.\n(2) In deciding whether to accredit an education program, the institute\nmust comply with section 76 (Criteria for accreditation of education\nprograms).\n(3) The institute may accredit a program on conditions.\n","sortOrder":85},{"sectionNumber":"73","sectionType":"section","heading":"Applying for accreditation","content":"73 Applying for accreditation\n(1) An education provider may apply to the institute for accreditation of\nan education program.\n(2) The applicant must give the institute any information required by it\nto decide the application.\n","sortOrder":86},{"sectionNumber":"74","sectionType":"section","heading":"Decision about accreditation","content":"74 Decision about accreditation\n(1) On application for accreditation of an education program under this\npart, the institute must––\n(a) accredit the program; or\n(b) refuse to accredit the program.\n(2) In deciding the application, the institute must comply with section 76\n(Criteria for accreditation of education programs).\n(3) Subsection (2) does not limit the grounds on which the institute may\nrefuse to accredit the program.\n\n(4) The institute may accredit a program on conditions.\nExample––condition\nrequiring education provider to notify institute of significant changes to program\nstructure\n(5) The institute may refuse to accredit the program under subsection (1)\nor impose a condition on the accreditation under subsection (4), only\nif—\n(a) the institute has given the education provider written notice of\nthe proposed refusal or condition; and\n(i) the reasons for the proposed refusal or condition; and\n(ii) that written comments on the proposed refusal or condition\nmay be made to the institute before the end of a stated\nperiod of at least 14 days after the day the notice is given\nto the education provider; and\n(c) the institute has considered any comments made by the\neducation provider before the end of the stated period.\n(6) If the institute decides to accredit the program, it must enter the\nprogram in the education programs register.\n(7) On written application by an education provider, the institute may\nextend the period mentioned in subsection (5) (b) (ii).\n(8) The institute may extend the period only if the institute is satisfied on\nthe education provider’s circumstances.\nExample—when period may be extended\nan education provider needs more than 14 days to obtain information or documents\nto support the provider’s written comments because the information or documents\nare from interstate\n\n(9) The institute must tell the education provider in writing of a decision\nunder subsection (7) and—\nNote The institute must also give the education provider a reviewable decision\nnotice in relation to a decision to—\n","sortOrder":87},{"sectionNumber":"75","sectionType":"section","heading":"Accreditation guidelines","content":"75 Accreditation guidelines\n(1) The institute may make guidelines for the accreditation of education\nprograms (the accreditation guidelines).\n(2) A guideline is a notifiable instrument.\n","sortOrder":88},{"sectionNumber":"76","sectionType":"section","heading":"Criteria for accreditation of education programs","content":"76 Criteria for accreditation of education programs\nIn making a decision under this part, the institute must––\n(a) be satisfied about the following:\n(i) the suitability of the education program to prepare\npre-service teachers for employment as early childhood,\nprimary school or secondary school teachers;\n(ii) the suitability of the education program in supporting the\nprofessional development of teachers;\n(iii) the assessment processes to be used to establish whether a\nperson has achieved the learning outcomes of the education\nprogram;\n(iv) that any nationally recognised standards for the\naccreditation of education programs are met; and\n(b) apply any accreditation guidelines.\n\n","sortOrder":89},{"sectionNumber":"77","sectionType":"section","heading":"Expert committee","content":"77 Expert committee\n(1) The institute must establish a committee under division 3.3 (Institute\nboard committees) to help the institute decide an application to\naccredit an education program under this part.\n(2) The committee must include as members people who are, in the\ninstitute’s opinion—\n(a) qualified in the program’s area of study; and\n(b) qualified to assess the educational and management capacity of\nthe proposed education provider; and\n(c) qualified to assess the suitability of the program and of the\nproposed delivery methods of the program.\n","sortOrder":90},{"sectionNumber":"78","sectionType":"section","heading":"Period of accreditation","content":"78 Period of accreditation\n(1) An education program may be accredited for up to 5 years.\n(2) However, if an education provider applies to renew an accreditation\nunder section 79, the accreditation remains in force until the\napplication is decided.\n","sortOrder":91},{"sectionNumber":"79","sectionType":"section","heading":"Renewal of accreditation","content":"79 Renewal of accreditation\n(1) An education provider may apply, in writing, to the institute for\nrenewal of accreditation of an education program not later than 6\nmonths before the day the accreditation ends.\n(2) The institute may, in writing, require the education provider to give\nthe institute additional information or documents that the institute\nreasonably needs to decide the application.\n(3) If the education provider does not comply with a requirement under\n\n(4) On application to renew an accreditation, the institute must—\n(a) renew the accreditation; or\n(b) refuse to renew the accreditation.\n(5) In deciding whether to renew the accreditation, the institute may\nconsider anything the institute may consider in relation to an\napplication for an accreditation.\n(6) The institute may renew the accreditation on conditions.\n(7) A renewed accreditation is effective from the expiry day of the\naccreditation held immediately before renewal.\n(8) An education provider who does not apply for renewal of the\naccreditation under subsection (1) is not entitled to apply for the\nrenewal of the accreditation but may apply for accreditation under\nsection 73.\n(9) If the institute decides not to renew an accreditation, the institute must\nas soon as practicable refund the fee, if any, paid by the education\nprovider.\n","sortOrder":92},{"sectionNumber":"80","sectionType":"section","heading":"Review of accredited education program","content":"80 Review of accredited education program\n(1) The institute may review an education program not later than 12\nmonths after the day the program was accredited.\n(2) If the institute is satisfied that the education program fails to meet the\ncriteria under section 76, the institute may––\n(a) impose a condition on the accreditation; or\nExample––condition\na nationally recognised standard be met in the delivery of the education\nprogram\n(b) suspend or cancel the accreditation under section 83 (1).\n\n(3) However, the institute may impose a condition on accreditation, only\nif—\n(a) the institute has given the education provider written notice of\nthe proposed condition; and\nleast 14 days after the day the notice is given to the\neducation provider; and\n(c) the institute has considered any comments made by the\neducation provider before the end of the stated period.\n(4) On written application by an education provider, the institute may\nextend the period mentioned in subsection (3) (b) (ii).\n(5) The institute may extend the period only if the institute is satisfied on\nthe education provider’s circumstances.\nExample—when period may be extended\nan education provider needs more than 14 days to obtain information or documents\nto support the provider’s written comments because the information or documents\nare from interstate\n(6) The institute must tell the education provider in writing of a decision\nunder subsection (4) and—\n\nNote The institute must also give the education provider a reviewable decision\nnotice in relation to a decision to—\n","sortOrder":93},{"sectionNumber":"81","sectionType":"section","heading":"Grounds for suspending or cancelling accreditation","content":"81 Grounds for suspending or cancelling accreditation\nThe institute may suspend or cancel the accreditation of an education\nprogram––\n(a) if the institute is satisfied that the program no longer meets the\ncriteria under section 76; or\n(b) in the circumstances prescribed by regulation.\nNote The institute’s decision to suspend or cancel an accreditation of an\neducation program is reviewable (see s 88).\n","sortOrder":94},{"sectionNumber":"82","sectionType":"section","heading":"Notice of proposed suspension or cancellation of","content":"82 Notice of proposed suspension or cancellation of\naccreditation\n(1) The institute must give written notice of an intention to suspend or\ncancel the accreditation of an education program to an education\nprovider.\n(2) The notice must—\n(a) set out the ground for suspension or cancellation; and\n(b) state that the provider may, within 14 days after the day the\ninstitute gives the provider the notice, give reasons why the\nprovider considers that the accreditation should not be\nsuspended or cancelled.\nNote For how documents may be served, see the Legislation Act, pt 19.5.\n\n(3) On written application by the provider, the institute may extend the\nperiod mentioned in subsection (2) (b).\n(4) The institute may extend the period only if the institute is satisfied on\nthe provider’s circumstances.\n(5) The institute must tell the provider in writing of a decision under\nsubsection (3) and—\nNote The institute must also give the provider a reviewable decision notice in\n","sortOrder":95},{"sectionNumber":"83","sectionType":"section","heading":"Suspending or cancelling accreditation","content":"83 Suspending or cancelling accreditation\n(1) The institute must suspend or cancel the accreditation of an education\nprogram if the institute—\n(a) has given written notice to the education provider of an intention\nto suspend or cancel the accreditation; and\n(b) has considered any reasons given by the provider in accordance\nwith the notice; and\n(c) is satisfied that the ground for suspension or cancellation under\nsection 81 exists.\nNote The institute’s decision to suspend or cancel an accreditation of an\neducation program is reviewable (see s 88).\n(2) The institute must tell the provider in writing—\n(a) that the accreditation is suspended or cancelled; and\n\n(b) the ground for suspension or cancellation; and\n(c) if the accreditation is suspended––the period of suspension.\nNote The institute must also give the education provider a reviewable\ndecision notice in relation to the decision to suspend or cancel the\naccreditation (see s 89).\n(3) The suspension or cancellation takes effect—\n(a) on the day after the day the institute tells the provider in writing\nthat the accreditation is suspended or cancelled; or\n(b) if a later date is stated in the notice of suspension or\ncancellation—the later date.\n","sortOrder":96},{"sectionNumber":"84","sectionType":"section","heading":"Voluntary cancellation of accreditation","content":"84 Voluntary cancellation of accreditation\nThe institute must cancel the accreditation of an education program\non application by the education provider.\n","sortOrder":97},{"sectionNumber":"85","sectionType":"section","heading":"Suspension or cancellation of accreditation—education","content":"85 Suspension or cancellation of accreditation—education\nprogram previously agreed\n(1) This section applies to an education program provided by an\neducation provider if—\n(a) the institute suspends or cancels the accreditation of the\nprogram; and\n(b) before the suspension or cancellation takes effect, the provider\nenters into an agreement to provide the program to someone\nelse.\n(2) On application by the provider, the institute may approve the\nprovision of the education program under the agreement for not\nlonger than 2 years after the suspension or cancellation, if the institute\nconsiders it is justified in the circumstances.\n\n(3) In making a decision under subsection (2), the institute must take into\naccount—\n(a) the welfare of people to whom the program is to be provided;\nand\n(b) the nature and quality of the program.\n(4) The accreditation of the education program is taken to continue\nduring the period stated in the approval only to enable the provider\nto—\n(a) provide the program; or\n(b) issue any qualification or statement of attainment in relation to\nthe program.\n(5) The institute may, in exceptional circumstances, direct the provider\nto immediately stop providing the education program.\nExample––exceptional circumstance\nserious incompetence in the delivery of the education program\n(6) If the institute gives a direction to a provider under subsection (5), the\naccreditation of the education program is taken to be cancelled from\nthe day the direction is given.\n","sortOrder":98},{"sectionNumber":"86","sectionType":"section","heading":"Registering end of accreditation","content":"86 Registering end of accreditation\nIf the accreditation of an education program ends (whether by expiry\nor cancellation), the institute must remove the details of the program\nfrom the education programs register.\n","sortOrder":99},{"sectionNumber":"87","sectionType":"section","heading":"Offence to falsely claim education program accredited","content":"87 Offence to falsely claim education program accredited\n(1) A person commits an offence if the person––\n(a) claims to provide an accredited education program; and\n(b) the program is not an accredited education program.\n\n(2) For subsection (1), a person claims to provide an accredited education\nprogram if the person—\n(a) makes the claim; or\n(b) says or does anything likely to induce someone else to believe\nthe program the person provides is an accredited education\nprogram.\n(3) An offence against this section is a strict liability offence.\n\nPart 8 Notification and review of decisions\nPart 8 Notification and review of\ndecisions\n88 Meaning of reviewable decision—pt 8\nIn this part:\nreviewable decision means a decision mentioned in schedule 1,\ncolumn 3 under a provision of this Act mentioned in column 2 in\nrelation to the decision.\n","sortOrder":100},{"sectionNumber":"89","sectionType":"section","heading":"Reviewable decision notices","content":"89 Reviewable decision notices\nIf the institute makes a reviewable decision, the institute must give a\nreviewable decision notice only to each entity mentioned in\nschedule 1, column 4 in relation to the decision.\n","sortOrder":101},{"sectionNumber":"90","sectionType":"section","heading":"Applications for review","content":"90 Applications for review\nAn entity mentioned in schedule 1, column 4 in relation to a\nreviewable decision may apply to the ACAT for review of the\ndecision.\n\n","sortOrder":102},{"sectionNumber":"91","sectionType":"section","heading":"Protection from civil liability","content":"91 Protection from civil liability\n(1) A person exercising a function under this Act does not incur civil\nliability for an act or omission done honestly and without negligence\nfor this Act.\n(2) Civil liability that would, apart from this section, attach to a person\nattaches instead to the Territory.\nNote A reference to an Act includes a reference to the statutory instruments\nmade or in force under the Act, including any regulation (see Legislation\nAct, s 104).\n","sortOrder":103},{"sectionNumber":"92","sectionType":"section","heading":"Offences—use or divulge protected information","content":"92 Offences—use or divulge protected information\n(1) A person to whom this section applies commits an offence if—\n(a) the person uses information; and\n(b) the information is protected information about someone else;\nand\n(c) the person is reckless about whether the information is protected\ninformation about someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(2) A person to whom this section applies commits an offence if—\n(a) the person does something that divulges information; and\n(b) the information is protected information about someone else;\nand\n(c) the person is reckless about whether—\n(i) the information is protected information about someone\nelse; and\n\n(ii) doing the thing would result in the information being\ndivulged to someone else.\nMaximum penalty: 50 penalty units, imprisonment for 6 months or\nboth.\n(3) Subsections (1) and (2) do not apply if the information is used or\ndivulged—\n(a) under this Act or another territory law; or\n(b) in relation to the exercise of a function, as a person to whom this\nsection applies, under this Act or another territory law; or\n(c) in a court proceeding; or\n(d) to a person administering or enforcing a corresponding law of a\ncorresponding jurisdiction.\nNote Corresponding law––see the dictionary.\n(4) Subsections (1) and (2) do not apply to the using or divulging of\nprotected information about a person with the person’s consent.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (3) and s (4) (see Criminal Code, s 58).\n(5) A person to whom this section applies need not divulge protected\ninformation to a court, or produce a document containing protected\ninformation to a court, unless it is necessary to do so for this Act or\nanother law applying in the territory.\n(6) In this section:\ncourt includes a tribunal, authority or person having power to require\nthe production of documents or the answering of questions.\ndivulge includes—\n(a) communicate; or\n(b) publish.\n\nperson to whom this section applies means—\n(a) a person who is or has been a member of the institute board; or\n(b) anyone else who has exercised a function under this Act.\nproduce includes allow access to.\nprotected information means information about a person that is\ndisclosed to, or obtained by, a person to whom this section applies\nbecause of the exercise of a function under this Act by the person or\nsomeone else.\nExamples—protected information\n1 information obtained by the institute about an applicant for registration or a\n2 information disclosed by the institute in seeking information or advice from\nan entity about an approved teacher\nuse information includes make a record of the information.\nNote The Crimes Act 1900, s 153 also deals with disclosure of information by\npublic employees or people performing services for the Territory or a\nterritory authority. Section 92 applies to members of the institute board\nand anyone else who has exercised a function under the Act.\n","sortOrder":104},{"sectionNumber":"93","sectionType":"section","heading":"Evidentiary certificates","content":"93 Evidentiary certificates\n(1) The institute may give a signed certificate—\n(a) stating that on a stated date or during a stated period a named\nperson was or was not registered or a permit-holder; and\n(b) if the person was registered or a permit-holder—including\ndetails of the person’s registration or permit to teach.\n(2) The institute may give a signed certificate—\n(a) stating that on a stated date or during a stated period an\neducation program was or was not accredited; and\n(b) if the program was accredited—including details of the\naccreditation.\n\n(3) A certificate under this section is evidence of the matters stated in it.\n(4) Unless the contrary is proved, a document that purports to be a\ncertificate under this section is taken to be a certificate.\n","sortOrder":105},{"sectionNumber":"94","sectionType":"section","heading":"Disqualification orders","content":"94 Disqualification orders\n(1) If a court finds a person guilty of an offence against this Act, the court\nmay make an order disqualifying the person from applying for\nregistration or a permit to teach for a stated period or until a stated\nthing happens.\noffence against this Act includes an offence against the Criminal\nCode in relation to anything done, or not done, under or in relation to\nthis Act.\n","sortOrder":106},{"sectionNumber":"94A","sectionType":"section","heading":"Approved data linkage agency","content":"94A Approved data linkage agency\n(1) The Minister may approve, in writing, an entity (an approved data\nlinkage agency) to which the institute may give information on the\nteachers register and the pre-service teachers register for a planning\n(2) The Minister must not approve an entity as an approved data linkage\nagency unless the Minister is satisfied that—\n(a) the entity’s policies, procedures and practices for handling\npersonal information comply with the Privacy Act 1988 (Cwlth),\nthe Information Privacy Act 2014 or a law of another jurisdiction\nthat corresponds or substantially corresponds to either of those\nActs; and\n(b) the entity stores and protects personal information in accordance\nwith the Australian Government’s Protective Security Policy\nFramework or a policy of another jurisdiction that corresponds\nor substantially corresponds to the framework; and\nNote The Protective Security Policy Framework is accessible at\nwww.protectivesecurity.gov.au.\n\n(c) the entity manages personal information in accordance with the\nArchives Act 1983 (Cwlth), the Territory Records Act 2002 or a\nlaw of another jurisdiction that corresponds or substantially\ncorresponds to either of those Acts.\n","sortOrder":107},{"sectionNumber":"95","sectionType":"section","heading":"Determination of fees","content":"95 Determination of fees\n(1) The Minister may determine fees for this Act.\n(2) A determination is a disallowable instrument.\n","sortOrder":108},{"sectionNumber":"96","sectionType":"section","heading":"Approved forms","content":"96 Approved forms\n(1) The institute may approve forms for this Act.\n(2) If the institute approves a form for a particular purpose, the approved\nform must be used for the purpose.\n(3) An approved form is a notifiable instrument.\n","sortOrder":109},{"sectionNumber":"97","sectionType":"section","heading":"Determination of standards","content":"97 Determination of standards\n(1) The institute may determine standards for this Act.\n(2) A determination is a notifiable instrument.\n(3) A notifiable instrument may apply, adopt or incorporate a law or\ninstrument as in force from time to time.\nNote The text of an applied, adopted or incorporated law or instrument,\nwhether applied as in force from time to time or at a particular time, is\ntaken to be a notifiable instrument if the operation of the Legislation Act,\ns 47 (5) or (6) is not disapplied (see s 47 (7)).\n","sortOrder":110},{"sectionNumber":"98","sectionType":"section","heading":"Regulation-making power","content":"98 Regulation-making power\n(1) The Executive may make regulations for this Act.\n(2) A regulation may make provision in relation to––\n(a) the eligibility requirements for registration and permits to teach;\nand\n\n(b) the professional learning and development of teachers; and\n(c) the assessment and certification of teachers; and\n(d) the accreditation of education programs for pre-service teachers\nand teachers.\n(3) A regulation may also prescribe offences for contraventions of the\nregulations and prescribe maximum penalties of not more than\n20 penalty units for offences against a regulation.\n\nReviewable decisions Schedule 1\n(see pt 8)\nitem\n1 31 (3) refuse to grant extension of time person applying for\nregistration or permit to\n2 36 (1) (d) refuse to register person or issue\nregistration or permit to\n3 36 (2) provisionally register applicant\nwho applied for full registration\nperson applying for full\n4 36 (3) fully or provisionally register\napplicant who applied for early\nchildhood teacher registration\nperson applying for early\nchildhood teacher\n5 36 (4) register as an early childhood\nteacher applicant who applied for\nfull or provisional registration\nperson applying for full or\nprovisional registration\n6 36 (5) issue permit to teach to applicant\nwho applied for registration\n7 37 (1) extend period for less than\n8 37 (1) refuse to extend period person applying for\n9 38 (4) register or issue permit to teach\nwith additional condition\n10 39 (1) extend period for less than\n11 39 (1) refuse to extend period approved teacher\n12 46 (4) refusing to amend teachers\nregister\nteacher\n\nitem\n13 51 (4) refuse to renew full registration person applying for\nrenewal of full registration\n14 51 (4) refuse to renew provisional\nrenewal of provisional\n15 52 (1) renew registration with condition person applying for\nrenewal of registration\n16 53 (4) refuse to renew permit to teach\nfor further period prescribed in\naccordance with s 47 (4)\nrenewal of permit to teach\n17 54 (1) renew permit to teach with\ncondition\nrenewal of permit to teach\n18 55 (2) extend period for less than\n19 55 (2) refuse to extend period person applying for\n20 56 (1) amend registration or permit to\nteach on institute’s own initiative\n21 56 (3) extend period for less than\n22 56 (3) refuse to extend period approved teacher\n23 57 (4) (b) refuse to amend registration or\npermit to teach on application\n24 64 (3) extend period for less than\nintended to be suspended\nor cancelled\n25 64 (3) refuse to extend period person whose registration\nintended to be suspended\nor cancelled\n\nReviewable decisions Schedule 1\nitem\n26 65 (1) suspend or cancel registration or\nsuspended or cancelled\n27 68 refuse to cancel teacher’s\nregistration or permit to teach\n28 69 (3) cancel person’s registration or\ncancelled\n29 74 (1) (b) refuse to accredit education\nprogram\n30 74 (4) accredit education program on\ncondition\n31 74 (7) extend period for less than\n32 74 (7) refuse to extend period education provider\n33 78 accredit program for less than 5\nyears\n34 79 (4) (b) refuse to renew accreditation education provider\n35 79 (6) renew accreditation on condition education provider\n36 80 (2) (a) impose a condition in relation to\naccreditation after review\n37 80 (4) extend period for less than\n38 80 (4) refuse to extend period education provider\n39 82 (3) extend period for less than\n40 82 (3) refuse to extend period education provider\n41 83 (1) suspend or cancel accreditation education provider\n\nitem\n42 85 (2) refuse to approve provision of\neducation program under\nagreement\n43 85 (2) approve provision of education\nprogram under agreement for\nperiod less than 2 years\n\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• Australia\n• Australian citizen\n• change\n• contravene\n• Criminal Code\n• director-general (see s 163)\n• disallowable instrument (see s 9)\n• document\n• entity\n• function\n• home address\n• Legislation Act\n• Minister (see s 162)\n• notifiable instrument (see s 10)\n• penalty unit (see s 133)\n• person (see s 160)\n• public servant\n• reviewable decision notice\n• territory law\n• the Territory\n• writing.\nAboriginal or Torres Strait Islander person means a person who—\n(a) is a descendant of an Aboriginal person or a Torres Strait\nIslander person; and\n\n(b) identifies as an Aboriginal person or a Torres Strait Islander\nperson; and\n(c) is accepted as an Aboriginal person or a Torres Strait Islander\nperson by an Aboriginal community or Torres Strait Islander\ncommunity.\naccreditation includes renewed accreditation.\naccreditation guidelines––see section 75.\naccredited, in relation to an education program, means accredited\nunder division 7.2.\napproved code of practice––see section 59.\napproved data linkage agency means an entity approved by the\nMinister under section 94A.\napproved teacher––see section 9.\nchief executive officer means the chief executive officer of the\ninstitute.\ncommittee means a committee established by the institute board\nunder section 19.\ncorresponding jurisdiction means the Commonwealth, a State or\nNew Zealand.\nNote State includes the Northern Territory (see Legislation Act, dict, pt 1, def\nState).\ncorresponding law means any law of a corresponding jurisdiction\nthat regulates teachers in the jurisdiction.\ncorresponding registering authority means the entity responsible for\nregulating the teaching profession under a corresponding law.\nearly childhood teacher means a person registered as an early\nchildhood teacher under this Act.\n\neducation program means—\n(a) a pre-service teacher education program; or\n(b) a program of learning suitable for the professional learning and\ndevelopment of teachers.\neducation programs register––see section 71.\neducation provider means a person who provides, or offers to\nprovide, an education program.\nfull registration means full registration under part 4.\ngovernment school means a school, preschool or school-related\ninstitution established under the Education Act 2004, section 20.\ninstitute means the ACT Teacher Quality Institute established under\nsection 10.\ninstitute board––see section 14.\nnon-government school––see the Education Act 2004, dictionary.\npermit-holder means a person who holds a permit to teach.\npermit to teach means a permit to teach under part 4.\nplanning or research purpose—see section 11 (1) (d).\npre-service teacher means a person enrolled in an accredited\npre-service teacher education program.\npre-service teacher education program means a program of learning\nthat prepares pre-service teachers for employment as early childhood,\nprimary school or secondary school teachers.\npre-service teachers register—see section 70H.\nprofessional experience—see section 70E.\nprovisional registration means provisional registration under part 4.\nregistered means registered under this Act.\n\nregistered teacher means a person who—\n(a) holds full or provisional registration; or\n(b) is an early childhood teacher.\nregistered teaching address—see section 43 (1) (b).\nregistration means—\n(a) full or provisional registration; or\n(b) registration as an early childhood teacher.\nregistration as an early childhood teacher means registration as an\nearly childhood teacher under part 4.\nreviewable decision, for part 8 (Notification and review of\ndecisions)––see section 88.\nschool means a government school or non-government school.\nschool-related institution––see the Education Act 2004, section 20\n(Establishing government schools etc).\nteacher––see section 7.\nteachers register––see section 42.\nteaching––see section 8.\nworking with vulnerable people registration means registration that\nallows a person to work with children under—\n(a) the Working with Vulnerable People (Background Checking)\nAct 2011; or\n(b) for a pre-service teacher—\n(i) the Working with Vulnerable People (Background\nChecking) Act 2011; or\n(ii) a law of another jurisdiction that corresponds or\nsubstantially corresponds to the Working with Vulnerable\nPeople (Background Checking) Act 2011.\n\nAbout the endnotes 1\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n","sortOrder":111},{"sectionNumber":"2","sectionType":"section","heading":"Abbreviation key","content":"2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nACT Teacher Quality Institute Act 2010 A2010-55\nnotified LR 20 December 2010\ns 1, s 2 commenced 20 December 2010 (LA s 75 (1))\nremainder commenced 1 January 2011 (s 2 and CN2010-18)\nas amended by\nAdministrative (One ACT Public Service Miscellaneous Amendments)\nAct 2011 A2011-22 sch 1 pt 1.3\nnotified LR 30 June 2011\ns 1, s 2 commenced 30 June 2011 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 July 2011 (s 2 (1))\nas modified by\nACT Teacher Quality Institute Regulation 2010 SL2010-53 (as am by\nSL2011-24)\nnotified LR 23 December 2010\ns 1, s 2 commenced 23 December 2010 (LA s 75 (1))\nremainder commenced 1 January 2011 (s 2 and see ACT Teacher\nQuality Institute Act 2010 A2010-55, s 2 and CN2010-18)\nACT Teacher Quality Institute Amendment Regulation 2011 (No 1)\nSL2011-24\nnotified LR 5 August 2011\ns 1, s 2 commenced 5 August 2011 (LA s 75 (1))\nremainder commenced 6 August 2011 (s 2)\nNote This regulation only amends the ACT Teacher Quality Institute\nRegulation 2010 SL2010-53.\nas amended by\nACT Teacher Quality Institute Amendment Act 2011 A2011-34\nnotified LR 5 September 2011\ns 1, s 2 commenced 5 September 2011 (LA s 75 (1))\nremainder commenced 4 October 2011 (s 2 and CN2011-10)\n\nLegislation history 3\nWorking with Vulnerable People (Consequential Amendments)\nAct 2011 A2011-45 sch 1 pt 1.1\nnotified LR 8 November 2011\ns 1, s 2 commenced 8 November 2011 (LA s 75 (1))\nsch 1 pt 1.1 commenced 8 November 2012 (s 2 and see Working with\nVulnerable People (Background Checking) Act 2011 A2011-44 s 2 (2))\nStatute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.2\nnotified LR 28 November 2011\ns 1, s 2 commenced 28 November 2011 (LA s 75 (1))\nsch 3 pt 3.2 commenced 12 December 2011 (s 2)\nStatute Law Amendment Act 2012 A2012-21 sch 3 pt 3.1\nnotified LR 22 May 2012\ns 1, s 2 commenced 22 May 2012 (LA s 75 (1))\nsch 3 pt 3.1 commenced 5 June 2012 (s 2 (1))\nJustice and Community Safety Legislation Amendment Act 2014\n(No 2) A2014-49 sch 1 pt 1.1\nnotified LR 10 November 2014\ns 1, s 2 commenced 10 November 2014 (LA s 75 (1))\nsch 1 pt 1.1 commenced 17 November 2014 (s 2)\nAnnual Reports (Government Agencies) Amendment Act 2015\nA2015-16 sch 1 pt 1.2\nnotified LR 27 May 2015\ns 1, s 2 commenced 27 May 2015 (LA s 75 (1))\nsch 1 pt 1.2 commenced 3 June 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2015 A2015-33\nsch 1 pt 1.2\nnotified LR 30 September 2015\ns 1, s 2 commenced 30 September 2015 (LA s 75 (1))\nsch 1 pt 1.2 commenced 14 October 2015 (s 2)\nRed Tape Reduction Legislation Amendment Act 2016 A2016-18\nsch 3 pt 3.1\nnotified LR 13 April 2016\ns 1, s 2 commenced 13 April 2016 (LA s 75 (1))\nsch 3 pt 3.1 commenced 27 April 2016 (s 2)\n\nPublic Sector Management Amendment Act 2016 A2016-52 sch 1\npt 1.3\nnotified LR 25 August 2016\ns 1, s 2 commenced 25 August 2016 (LA s 75 (1))\nsch 1 pt 1.3 commenced 1 September 2016 (s 2)\nStatute Law Amendment Act 2017 A2017-4 sch 3 pt 3.2\nnotified LR 23 February 2017\ns 1, s 2 commenced 23 February 2017 (LA s 75 (1))\nsch 3 pt 3.2 commenced 9 March 2017 (s 2)\nEducation (Child Safety in Schools) Legislation Amendment Act 2019\nA2019-4 pt 2\nnotified LR 4 March 2019\ns 1, s 2 commenced 4 March 2019 (LA s 75 (1))\npt 2 commenced 1 April 2019 (s 2 (1))\nACT Teacher Quality Institute Amendment Act 2019 A2019-26 pt 2\nnotified LR 28 August 2019\ns 1, s 2 commenced 28 August 2019 (LA s 75 (1))\ns 15 (so far as it inserts s 70F) commenced 1 January 2020 (s 2 (2))\npt 2 remainder commenced 29 August 2019 (s 2 (1))\nCOVID-19 Emergency Response Legislation Amendment Act 2020\nA2020-14 amdt 1.142\nnotified LR 13 May 2020\ns 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2))\namdt 1.142 commenced 14 May 2020 (s 2 (1))\nNote This Act only amends the Working with Vulnerable People\n(Background Checking) Amendment Act 2020 A2020-29.\nWorking with Vulnerable People (Background Checking) Amendment\nAct 2020 A2020-29 sch 1 pt 1.1\nnotified LR 9 July 2020\ns 1, s 2 commenced 9 July 2020 (LA s 75 (1))\nsch 1 pt 1.1 commenced 1 February 2021 (s 2 (a) and see Working\nwith Vulnerable People (Background Checking) Amendment Act 2019\nA2019-13 s 2 (as am by A2020-14 amdt 1.142) and CN2021-1)\n\nLegislation history 3\nEducation Amendment Act 2022 A2022-10 sch 1 pt 1.1\nnotified LR 17 June 2022\ns 1, s 2 commenced 17 June 2022 (LA s 75 (1))\nsch 1 pt 1.1 commenced 20 December 2022 (s 2)\nStatute Law Amendment Act 2022 A2022-14 sch 3 pt 3.1\nnotified LR 10 August 2022\ns 1, s 2 commenced 10 August 2022 (LA s 75 (1))\nsch 3 pt 3.1 commenced 24 August 2022 (s 2)\nACT Teacher Quality Institute Amendment Act 2023 A2023-38 pt 2\nnotified LR 29 September 2023\ns 1, s 2 commenced 29 September 2023 (LA s 75 (1))\npt 2 commenced 30 September 2023 (s 2)\nEducation (Early Childhood) Legislation Amendment Act 2023\nA2023-54 pt 2\nnotified LR 11 December 2023\ns 1, s 2 commenced 11 December 2023 (LA s 75 (1))\nss 5-7, s 13, s 14, ss 16-19, s 24, ss 28-30, s 32, s 34, s 35, s 37, s 38,\ns 41, s 42, ss 44-53, s 55, s 56, s 58, s 59, s 61, s 63, s 65, s 68\ncommenced 1 January 2024 (s 2 (1))\npt 2 remainder commenced 1 April 2024 (s 2 (3))\nStatute Law Amendment Act 2025 A2025-29 sch 4 pt 4.4\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 4 pt 4.4 commenced 6 December 2025 (s 2 (5))\n\nCommencement\ns 2 om LA s 89 (4)\nMeaning of teaching\ns 8 sub A2023-54 s 4\nFunctions of institute\ns 11 am A2019-26 s 4; pars renum R17 LA; A2023-54 s 5, s 6\nDelegation by institute\ns 13 am A2011-22 amdt 1.12\nInstitute board members\ns 15 am A2011-22 amdt 1.13; A2023-54 s 7, s 8; pars renum\nR25 LA\nInstitute staff\ns 23 am A2011-22 amdt 1.14\nsub A2016-52 amdt 1.7\nMinisterial directions\ns 25 am A2025-29 amdt 4.4\nInstitute’s annual report\ns 26 om A2015-16 amdt 1.2\nApplication––pt 4\ns 27 am A2022-10 amdt 1.1\nDefinitions—pt 4\ndiv 4.1A hdg ins A2011-45 amdt 1.1\nDefinitions—pt 4\ns 27A ins A2011-45 amdt 1.1\ndef criminal history guidelines ins A2011-45 amdt 1.1\ndef criminal history record ins A2011-45 amdt 1.1\ndef police certificate ins A2011-45 amdt 1.1\nExpiry—div 4.1A\ns 27B ins A2011-45 amdt 1.1\nApplications for registration and permits to teach\ndiv 4.3 hdg note om A2022-14 amdt 3.1\n\nApplication for registration or permit to teach\ns 30 am A2023-54 s 9, s 10; pars renum R25 LA; A2025-29\namdt 4.4\nEligibility for full registration\ns 32 am A2011-34 s 4, s 5; A2011-45 amdts 1.2-1.5; ss, pars\n(2)-(4) exp 8 November 2013 (s 32 (4))\nam A2019-26 s 5; A2020-29 amdt 1.1; A2022-14 amdt 3.2;\nA2023-54 ss 11-13; A2025-29 amdt 4.4\nEligibility for provisional registration\ns 33 am A2011-34 s 6, s 7; A2011-45 amdts 1.6-1.9; ss, pars\n(2)-(4) exp 8 November 2013 (s 33 (4))\nam A2019-26 s 6; A2020-29 amdt 1.2; A2022-14 amdt 3.2;\nA2023-38 s 4; A2023-54 s 14; A2025-29 amdt 4.4\nEligibility for early childhood teacher registration\ns 33A ins A2023-54 s 15\nEligibility for permit to teach\ns 34 am A2011-34 s 8; A2019-26 s 7\nAdditional eligibility requirements for permits to teach\ns 35 am A2011-34 ss 9-12; A2011-45 amdts 1.10-1.13; ss, pars\n(2)-(4) exp 8 November 2013 (s 35 (4))\nam A2020-29 amdt 1.3; A2022-14 amdt 3.2; A2023-54\nss 16-18; A2025-29 amdt 4.4\nCriminal history guidelines\ns 35A ins A2011-34 s 13\nam A2011-45 amdt 1.14\nexp 8 November 2013 (s 35A (3))\nCriminal history guidelines––assessment criteria\ns 35B ins A2011-34 s 13\nam A2011-45 amdt 1.15\nexp 8 November 2013 (s 35B (3))\nDecision on registration or permit to teach application\ns 36 am A2023-54 ss 19-24; ss, pars renum R25 LA\nConditions of registration and permit to teach\ns 38 am A2019-4 s 4; A2020-29 amdt 1.4, amdt 1.5; A2023-54\nss 25-27; ss renum R25 LA; A2025-29 amdt 4.4\n\nInstitute to give notice of registration or permit to teach\ns 40 sub A2023-54 s 28\nLost, stolen or damaged certificates and cards\ns 41 am A2012-21 amdt 3.1; A2016-18 amdt 3.1, amdt 3.2;\nA2023-54 s 29\nexp 1 January 2025 (s 41 (6))\nKeeping teachers register\ns 42 am A2014-49 amdt 1.1; A2019-26 s 8; ss renum R17 LA\nDetails to be entered in teachers register\ns 43 am A2019-26 ss 9-11; A2023-54 ss 30-32\nSharing teachers register information—status of registration or permit\ns 43A ins A2019-26 s 12\nam A2023-54 s 33\nSharing teachers register information—corresponding registering authority\ns 44 hdg sub A2019-26 s 13\nSharing teachers register information—approved data linkage agency\ns 44A ins A2019-26 s 14\nSharing teachers register information—other entities\ns 44B ins A2019-26 s 14\nChanges to teachers register\ns 45 am A2023-54 s 34, s 35\nTerm of registration and permit to teach\ns 47 sub A2023-38 s 5\nam A2023-54 s 36\nTerm of provisional registration\ns 48 om A2023-38 s 5\nTerm of permit to teach\ns 49 om A2023-38 s 5\nNotice of renewal for registration or permit to teach\ns 50 am A2023-54 s 37\nRenewal of registration\ns 51 am A2011-34 s 14; A2011-45 amdt 1.16, amdt 1.17; ss renum\nR7 LA\n(6), (7) exp 8 November 2013 (s 51 (7))\nam A2020-29 amdt 1.6; A2023-38 s 6; A2023-54 s 38, s 39;\nA2025-29 amdt 4.4\nRenewal of registration with conditions\ns 52 am A2023-54 s 40; A2025-29 amdt 4.4\n\nRenewal of permits to teach\ns 53 am A2011-34 s 15; A2011-45 amdt 1.18, amdt 1.19; ss renum\nR7 LA\n(6), (7) exp 8 November 2013 (s 53 (7))\nam A2020-29 amdt 1.7; A2023-54 s 41; A2025-29 amdt 4.4\nRenewal of permits to teach with conditions\ns 54 am A2023-54 s 43; A2025-29 amdt 4.4\nAmendment of registration or permit to teach on institute’s initiative\ns 56 am A2025-29 amdt 4.4\nAmendment of registration or permit to teach on application\ns 57 am A2025-29 amdt 4.4\nEnd of registration or permit to teach\ns 58 am A2022-14 amdt 3.2; A2023-54 s 42\nCodes of practice\ns 59 am A2025-29 amdt 4.4\nNotice of code approvals\ns 60 am A2011-22 amdt 1.15; A2015-33 amdt 1.2, amdt 1.3;\nA2016-52 amdt 1.8\nRelationship of Act with approved codes of practice\ns 62 am A2023-54 s 44\nGrounds for suspending or cancelling registration or permits to teach\ns 63 am A2019-4 s 5; A2023-54 s 45; ss renum R24 LA\nNotice of proposed suspension or cancellation of registration or permits to\ns 64 am A2023-54 s 46; ss renum R24 LA\nSuspending or cancelling registration or permit to teach\ns 65 am A2023-54 s 47, s 48\nEmployer’s obligation to notify institute about teacher\ns 67 sub A2019-4 s 6\nam A2020-29 amdt 1.8\nVoluntary cancellation of registration or permit to teach\ns 68 am A2012-21 amdt 3.2; A2016-18 amdt 3.3, amdt 3.4\nsub A2023-54 s 49\n(2)-(4) exp 1 January 2025 (s 68 (3))\nInquiries about registered addresses\ns 69 am A2023-54 s 50\n\nReturn of registration or permit certificates and cards on amendment,\nsuspension or cancellation\ns 70 am A2023-54 s 51, s 52\nexp 1 January 2025 (s 70 (7))\nDisclosure of information\ndiv 6.3 hdg ins A2019-4 s 7\nDisclosure of information to institute\ns 70A ins A2019-4 s 7\nEmployer to tell institute about notification event\ns 70B ins A2019-4 s 7\nInstitute may request further information\ns 70C ins A2019-4 s 7\nInstitute to give relevant information to prevent child harm\ns 70CA ins A2023-54 s 53\nProtection of information disclosed under this division\ns 70D ins A2019-4 s 7\nProfessional experience\npt 6A hdg ins A2019-26 s 15\nPreliminary\ndiv 6A.1 hdg ins A2019-26 s 15\nMeaning of professional experience\ns 70E ins A2019-26 s 15\nApproval for professional experience\ndiv 6A.2 hdg ins A2019-26 s 15\nApproval required for professional experience\ns 70F ins A2019-26 s 15\nProfessional experience approval\ns 70G ins A2019-26 s 15\nam A2020-29 amdt 1.9\nPre-service teachers register\ndiv 6A.3 hdg ins A2019-26 s 15\nRegister of pre-service-teachers\ns 70H ins A2019-26 s 15\nDetails to be entered on pre-service teachers register\ns 70I ins A2019-26 s 15\nSharing pre-service teachers register information—principals and\nuniversities\ns 70J ins A2019-26 s 15\n\nSharing pre-service teacher information—approved data linkage agency\ns 70K ins A2019-26 s 15\nSharing pre-service teachers register information—other entities\ns 70L ins A2019-26 s 15\nChanges to pre-service teachers register\ns 70M ins A2019-26 s 15\nam A2020-29 amdt 1.10, amdt 1.11\nPre-service teacher may correct pre-service teachers register\ns 70N ins A2019-26 s 15\nApplying for accreditation\ns 73 am A2025-29 amdt 4.4\nAccreditation guidelines\ns 75 am A2025-29 amdt 4.4\nCriteria for accreditation of education programs\ns 76 am A2019-26 s 16; A2023-54 s 54\nRenewal of accreditation\ns 79 am A2025-29 amdt 4.4\nReviewable decision notices\ns 89 am A2025-29 amdt 4.4\nApplications for review\ns 90 am A2025-29 amdt 4.4\nApproved data linkage agency\ns 94A ins A2019-26 s 17\nDetermination of fees\ns 95 am A2025-29 amdt 4.4\nApproved forms\ns 96 am A2025-29 amdt 4.4\nDetermination of standards\ns 97 am A2023-54 s 55; A2025-29 amdt 4.4\nRegulation-making power\ns 98 am A2012-21 amdt 3.3; A2025-29 amdt 4.4\nLegislation amended––sch 2\ns 99 om LA s 89 (3)\nTransitional\npt 15 hdg exp 1 January 2014 (s 154)\n\nDefinitions—pt 15\ns 150 exp 1 January 2014 (s 154)\ndef commencement day exp 1 January 2014 (s 154)\nTeachers currently teaching\ns 151 am A2011-34 s 16\nexp 1 January 2014 (s 154)\nTeachers permitted to teach\ns 151A ins A2011-34 s 17\nexp 1 January 2014 (s 154)\nTeachers beginning teaching\ns 151B ins as mod SL2010-53 s 23 (as ins by SL2011-24 s 4)\nexp 1 January 2014 (s 151B (4))\nEducation providers currently providing education programs\ns 152 exp 1 January 2014 (s 154)\nTransitional regulations\ns 153 exp 1 January 2014 (s 154)\nExpiry—pt 15\ns 154 exp 1 January 2014 (s 154)\nTransitional—ACT Teacher Quality Institute Amendment Act 2019\npt 16 hdg ins A2019-26 s 18\nMeaning of commencement day—pt 16\ns 155 ins A2019-26 s 18\nRenewal of registration—teachers registered before commencement day\ns 156 ins A2019-26 s 18\nExpiry—pt 16\ns 157 ins A2019-26 s 18\nValidation of registrations\npt 17 hdg ins A2023-38 s 9\nDefinitions—pt 17\ns 158 ins A2023-38 s 9\ndef commencement day ins A2023-38 s 9\ndef old law ins A2023-38 s 9\n\nProvisional and full registrations—validation of issue and renewal\ns 159 ins A2023-38 s 9\nExpiry—pt 17\ns 162 ins A2023-38 s 9\nReviewable decisions\nsch 1 am A2023-38 s 7, s 8; A2023-54 ss 56, 58, 59; items renum\nR24 LA; A2023-54 ss 57; items renum R25 LA\nConsequential amendments\nsch 2 om LA s 89 (3)\ndict am A2011-22 amdt 1.16, amdt 1.17; A2011-52 amdt 3.5;\nA2012-21 amdt 3.4; A2016-52 amdt 1.9; A2017-4 amdt 3.2\ndef Aboriginal or Torres Strait Islander person ins\nA2019-26 s 19\ndef accredited ins A2019-26 s 19\ndef accredited education program om A2019-26 s 20\ndef approved data linkage agency ins A2019-26 s 21\ndef criminal history guidelines ins A2011-34 s 18\nom A2011-45 amdt 1.20\ndef criminal history record om A2011-45 amdt 1.20\ndef CrimTrac om A2011-52 amdt 3.6\ndef early childhood teacher ins A2023-54 s 60\ndef education program sub A2019-26 s 22\ndef government school am A2019-26 s 23\ndef institute sub A2017-4 amdt 3.3\ndef permit card om A2023-54 s 61\ndef permit certificate om A2023-54 s 61\ndef planning or research purpose ins A2019-26 s 24\ndef police certificate am A2011-34 s 19\nom A2011-45 amdt 1.20\ndef pre-service teacher sub A2019-26 s 25\ndef pre-service teacher education program ins A2019-26\ns 26\nam A2023-54 s 62\ndef pre-service teachers register ins A2019-26 s 26\ndef professional experience ins A2019-26 s 26\ndef registered school address om A2023-54 s 63\ndef registered teacher sub A2023-54 s 64\ndef registered teaching address ins A2023-54 s 65\ndef registration sub A2023-54 s 66\ndef registration as an early childhood teacher ins\nA2023-54 s 67\ndef registration card om A2023-54 s 68\n\ndef registration certificate om A2023-54 s 68\ndef registration number om A2023-54 s 68\ndef working with vulnerable people registration ins\nA2019-26 s 26\nsub A2020-29 amdt 1.12\n\nEarlier republications 5\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nfor\n1 Jan 2011\n1 Jan 2011–\nnot amended new Act\n1 July 2011–\n5 Aug 2011\nA2011-22 amendments by\nA2011-22\n6 Aug 2011\n6 Aug 2011–\n3 Oct 2011\nSL2011-24 modifications by\nSL2010-53 as\namended by\nSL2011-24\n4 Oct 2011\n4 Oct 2011–\n11 Dec 2011\nA2011-34 amendments by\nA2011-34\n12 Dec 2011\n12 Dec 2011–\nA2011-52 amendments by\nA2011-52\n5 June 2012–\n7 Nov 2012\nA2012-21 amendments by\nA2012-21\n8 Nov 2012\n8 Nov 2012–\n8 Nov 2013\nA2012-21 amendments by\nA2011-45\n9 Nov 2013\n9 Nov 2013–\n1 Jan 2014\nA2012-21 expiry of provisions\n(div 4.1A, s 32 (2)-\n(4), s 33 (2)-(4), s\n35 (2)-(4), s 35A, s\n35B, s 51 (6), (7), s\n53 (6), (7))\n2 Jan 2014\n2 Jan 2014–\n16 Nov 2014\nA2012-21 expiry of\nmodification and\ntransitional\nprovisions (pt 15)\n\n5 Earlier republications\nfor\n17 Nov 2014\n17 Nov 2014–\nA2014-49 amendments by\nA2014-49\n3 June 2015–\n13 Oct 2015\nA2015-16 amendments by\nA2015-16\n14 Oct 2015\n14 Oct 2015–\n26 Apr 2016\nA2015-33 amendments by\nA2015-33\n27 Apr 2016\n27 Apr 2016–\n31 Aug 2016\nA2016-18 amendments by\nA2016-18\n1 Sept 2016\n1 Sept 2016–\n8 Mar 2017\nA2016-52 amendments by\nA2016-52\n9 Mar 2017\n9 Mar 2017–\n31 Mar 2019\nA2017-4 amendments by\nA2017-4\n1 Apr 2019\n1 Apr 2019–\n28 Aug 2019\nA2019-4 amendments by\nA2019-4\n29 Aug 2019\n29 Aug 2019–\n31 Dec 2019\nA2019-26 amendments by\nA2019-26\n1 Jan 2020\n1 Jan 2020–\n31 Jan 2021\nA2019-26 amendments by\nA2019-26\n1 Feb 2021\n1 Feb 2021–\n23 Aug 2022\nA2020-29 amendments by\nA2020-29\n24 Aug 2022\n24 Aug 2022–\n19 Dec 2022\nA2022-14 amendments by\nA2022-14\n20 Dec 2022\n20 Dec 2022–\n29 Sept 2023\nA2022-14 amendments by\nA2022-10\n30 Sept 2023\n30 Sept 2023–\n30 Sept 2023\nA2023-38 amendments by\nA2023-38\n1 Oct 2023\n1 Oct 2023–\n31 Dec 2023\nA2023-38 expiry of validation\nprovisions (pt 17)\n1 Jan 2024\n1 Jan 2024–\n31 Mar 2024\nA2023-54 amendments by\nA2023-54\n1 Apr 2024\n1 Apr 2024–\n29 Aug 2024\nA2023-54 amendments by\nA2023-54\n\nEarlier republications 5\nfor\n30 Aug 2024\n30 Aug 2024–\n1 Jan 2025\nA2023-54 expiry of\ntransitional\nprovisions (pt 16)\n2 Jan 2025\n2 Jan 2025–\n5 Dec 2025\nA2023-54 expiry of provisions\n(s 41, s 68 (2)-(4),\ns 70)\n\n6 Expired transitional or validating provisions\n6 Expired transitional or validating provisions\nThis Act may be affected by transitional or validating provisions that have expired.\nThe expiry does not affect any continuing operation of the provisions (see\nLegislation Act 2001, s 88 (1)).\nExpired provisions are removed from the republished law when the expiry takes\neffect and are listed in the amendment history using the abbreviation ‘exp’ followed\nby the date of the expiry.\nTo find the expired provisions see the version of this Act before the expiry took\neffect. The ACT legislation register has point-in-time versions of this Act.","sortOrder":112}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"Since enactment the Act’s operational scope has broadened. Notable additions include explicit pre‑service approval and a pre‑service teachers register (ss 70F–70I), early childhood teacher registration (s 33A), employer notification and further disclosure obligations (ss 67, 70B, 70C, 70CA), and formalised data linkage arrangements for planning/research (ss 44A, 70K, 94A). The Act now contains expanded powers for codes, standards and delegated instruments (ss 59, 75, 95–98), increasing administrative reach and regulatory data uses."},"complexity_factors":["Multiple interlocking registers and information‑sharing rules with privacy and de‑identification limits (teachers register ss 42–45; pre‑service register ss 70H–70N; data linkage ss 44A, 70K).","Detailed procedural steps for applications, notice periods, comment periods and extensions (applications and decisions ss 30, 36–39, 51–55).","Wide administrative discretion to impose, amend or remove conditions and to suspend or cancel registrations, with review rights (conditions and amendment ss 38, 56–57; suspension/cancellation ss 63–66; review pt 8 and sch 1).","Employer obligations and strict‑liability offences that carry penalty units and timelines (employer notifications ss 67, 70B; offences ss 28–29, 87).","Governance and accountability layering: institute board composition and appointment rules, no deputy chair, ministerial directions and FMA oversight (ss 14–18, 25; note to s 10).","Multiple instrument types and subordinate instruments (guidelines, determinations, notifiable and disallowable instruments) that shape standards and processes (ss 37, 52–55, 75, 95–97).","Extensive cross‑references to other laws and external standards (Working with Vulnerable People registration, Migration Act, Education Acts) increasing compliance complexity (see ss 32–35, definitions)."],"plain_english_summary":"This Act creates the ACT Teacher Quality Institute to register and permit teachers, keep teachers and pre‑service teachers registers, accredit teacher‑education programs, set professional standards and codes, and take regulatory action such as imposing conditions or suspending registration (ss 10–11, 42, 71).  \n\nThe institute is a Territory authority under the Financial Management Act; the Minister appoints the board and may give directions; the institute decides applications, conditions, suspensions and information sharing, and employers must notify the institute of specified events (ss 10, 14–15, 25, 36, 70B)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":648},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly from its original 2010 scope. Major additions include: Part 6A on professional experience and pre-service teacher registers (2019), enhanced information sharing with data linkage agencies (2019), mandatory employer notification of disciplinary events (2019), early childhood teacher registration as a distinct category (2023), and strengthened child protection information disclosure mechanisms. The original focus on teacher registration has grown to encompass workforce planning, research data sharing, and comprehensive pre-service teacher oversight."},"complexity_factors":["Multiple registration categories (full, provisional, early childhood, permits) with overlapping but distinct eligibility requirements","Extensive cross-referencing to other ACT legislation (Education Act 2004, Working with Vulnerable People Act, Criminal Code, etc.)","Numerous procedural requirements with time limits (14-day notice periods, 21-day reporting, 28-day response deadlines)","Nested conditions and exceptions throughout (e.g., s 32(2) exception to s 32(1) cancellation rule)","Detailed information sharing provisions with restrictions on identifying individuals for research purposes","Schedule 1 lists 43 separate reviewable decisions with specific affected entities","Substantial amendment history showing 15+ amending acts since 2010, creating layered legislative evolution"],"plain_english_summary":"The Act creates the ACT Teacher Quality Institute to regulate who can teach in ACT schools, by registering teachers and issuing temporary permits, accrediting teacher education programs, maintaining public registers, and setting professional standards and reporting obligations. \n\nIt affects prospective and current teachers, schools and employers, and education providers, and aims to protect students by ensuring only qualified, vetted and accountable people teach and by enabling removal of unsafe or unfit teachers."}},"importantCases":[],"_links":{"self":"/api/acts/act-teacher-quality-institute-act-2010","history":"/api/acts/act-teacher-quality-institute-act-2010/history","analysis":"/api/acts/act-teacher-quality-institute-act-2010/analysis","conflicts":"/api/acts/act-teacher-quality-institute-act-2010/conflicts","importantCases":"/api/acts/act-teacher-quality-institute-act-2010/important-cases","documents":"/api/acts/act-teacher-quality-institute-act-2010/documents"}}