{"id":"nsw:act-2004-065","name":"Teacher Accreditation Act 2004","slug":"teacher-accreditation-act-2004","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"65 of 2004","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":104775,"registerId":"nsw-act-2004-065-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Teacher Accreditation Act 2004](/view/html/inforce/current/act-2004-065).\n> \n> **s 1:** Am 2013 No 89, Sch 4 \\[2\\].","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> > (1) In this Act—\n> > \n> > accreditation means accreditation under Part 4, and includes provisional accreditation or conditional accreditation under that Part.\n> > \n> > accredited means accredited for the time being under Part 4, and includes provisionally accredited or conditionally accredited under that Part.\n> > \n> > approved course means an initial teacher education course or program approved by the Minister in accordance with the professional teaching standards.\n> > \n> > Authority means the NSW Education Standards Authority constituted under the [Education Standards Authority Act 2013](/view/html/inforce/current/act-2013-089).\n> > \n> > Children’s Guardian means the Children’s Guardian appointed under the [Children’s Guardian Act 2019](/view/html/inforce/current/act-2019-025), section 115.\n> > \n> > degree means a degree that meets the specifications under the Australian Qualifications Framework.\n> > \n> > dismiss includes—\n> > \n> > > (a) in the case of a teacher who is appointed on probation—the annulment of that appointment, or\n> > \n> > > (b) in the case of a teacher employed on a casual basis—dispensing with the services of the teacher.\n> > \n> > early childhood education centre or centre means the following, but does not include a family day care service or an out-of-school hours or vacation care service—\n> > \n> > > (a) an approved education and care service within the meaning of the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a) or the [Children (Education and Care Services) Supplementary Provisions Act 2011](/view/html/inforce/current/act-2011-070),\n> > \n> > > (b) a service or facility of a class declared by the regulations to be an early childhood education centre.\n> > \n> > employ includes engage or appoint.\n> > \n> > exercise a function includes perform a duty.\n> > \n> > function includes a power, authority or duty.\n> > \n> > government school and non-government school have the same meanings as in the [Education Act 1990](/view/html/inforce/current/act-1990-008).\n> > \n> > non-centre based teacher means a person—\n> > \n> > > (a) who holds a degree or teaching qualification recognised by the Authority, and\n> > \n> > > (b) who is not teaching in an early childhood education centre but has taught in an early childhood education centre for a period of not less than the period prescribed for the purposes of this definition by the regulations or the rules of the Authority, and\n> > \n> > > (c) who is employed to undertake any of the following—\n> > > \n> > > > (i) duties relating to the development or implementation of the curriculum for early childhood education,\n> > > \n> > > > (ii) duties relating to the learning and wellbeing of children who attend early childhood education centres,\n> > > \n> > > > (iii) duties relating to curriculum teaching and learning in early childhood education centres,\n> > > \n> > > > (iv) duties as an early childhood education lecturer or tutor in a university or other higher education institution in New South Wales,\n> > > \n> > > > (v) duties as an educational consultant for early childhood education centres.\n> > \n> > non-school based teacher means a person—\n> > \n> > > (a) who holds a degree or teaching qualification recognised by the Authority, and\n> > \n> > > (b) who is not teaching in a school but has taught in a school for a period of not less than the period prescribed for the purposes of this definition by the regulations or the rules of the Authority, and\n> > \n> > > (c) who is employed to undertake any of the following—\n> > > \n> > > > (i) duties relating to the development or implementation of the curriculum (including assessment and reporting) for primary and secondary education,\n> > > \n> > > > (ii) duties relating to the learning and wellbeing of school students,\n> > > \n> > > > (iii) duties relating to curriculum teaching and learning in schools,\n> > > \n> > > > (iv) duties as a K–Year 12 education lecturer or tutor in a university or other higher education institution in New South Wales,\n> > > \n> > > > (v) duties as an educational consultant for schools.\n> > \n> > non-teaching school counsellor means a school counsellor who is not teaching in a school.\n> > \n> > professional development includes formal and informal learning activities designed to maintain and enhance the knowledge and skills of teachers.\n> > \n> > professional teaching standards means the professional teaching standards approved by the Minister from time to time under section 19.\n> > \n> > relevant complaint about a person means an allegation that—\n> > \n> > > (a) the person has engaged in misconduct, or\n> > \n> > > (b) the person is incompetent in performing the work of a teacher, or\n> > \n> > > (c) the person has failed to comply with the professional teaching standards.\n> > \n> > roll of teachers means the roll maintained by the Authority under Part 3.\n> > \n> > rules of the Authority means rules made by the Authority under section 25 of the [Education Standards Authority Act 2013](/view/html/inforce/current/act-2013-089).\n> > \n> > Note—\n> > \n> > The rules of the Authority only have effect if approved by the Minister.\n> > \n> > school means a government school or a non-government school.\n> > \n> > school counsellor means a person—\n> > \n> > > (a) who is employed in a school to undertake duties relating to the learning and wellbeing of school students, and\n> > \n> > > (b) who holds a degree or teaching qualification recognised by the Authority.\n> > \n> > Secretary means the Secretary of the Department of Education.\n> > \n> > teach—see section 3A.\n> > \n> > working with children check clearance has the same meaning as in the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051).\n> > \n> > Note—\n> > \n> > The [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contains definitions and other provisions that affect the interpretation and application of this Act.\n> \n> > (2) Notes included in this Act do not form part of this Act.\n> \n> **s 3:** Am 2008 No 120, Sch 1 \\[1\\] \\[2\\]; 2013 No 89, Sch 4 \\[3\\]–\\[7\\]; 2014 No 68, Sch 1 \\[2\\]; 2016 No 50, Sch 3 \\[2\\]–\\[6\\]; 2021 No 41, Sch 1\\[1\\]–\\[3\\].","sortOrder":3},{"sectionNumber":"3A","sectionType":"section","heading":"Meaning of “teach”","content":"#### 3A Meaning of “teach”\n\n3A Meaning of “teach”\n\n> > (1) In this Act, teach means—\n> > \n> > > (a) in relation to a school—to undertake duties that include—\n> > > \n> > > > (i) delivering courses of study that are designed to implement the school curriculum under the [Education Act 1990](/view/html/inforce/current/act-1990-008), and\n> > > \n> > > > (ii) assessing the participation, performance and progress of students in those courses, and\n> > > \n> > > > (iii) supporting and leading the development and implementation of the delivery and assessment of the courses, and\n> > \n> > > (b) in relation to an early childhood education centre—to undertake duties that include—\n> > > \n> > > > (i) delivering an educational program based on an approved learning framework under the [Children (Education and Care Services) National Law (NSW)](/view/html/inforce/current/act-2010-104a), and\n> > > \n> > > > (ii) assessing the participation, performance and progress of children in that educational program, and\n> > > \n> > > > (iii) supporting and leading the development and implementation of the delivery and assessment of the educational program.\n> \n> > (2) A reference in this section to undertaking duties in relation to a school or early childhood education centre is a reference to undertaking duties on the premises of a school or centre in the course of providing services conducted by the school or centre.\n> \n> **s 3A:** Ins 2008 No 120, Sch 1 \\[3\\]. Subst 2014 No 68, Sch 1 \\[3\\]. Am 2021 No 41, Sch 1\\[4\\]–\\[6\\].","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Protection of children paramount","content":"#### 4 Protection of children paramount\n\n4 Protection of children paramount\n\n> This Act must be administered by applying the principle that, in an action or decision concerning a child or young person, the safety, welfare and wellbeing of the child or young person are paramount.\n> \n> **s 4:** Am 2014 No 68, Sch 1 \\[4\\]–\\[7\\]. Subst 2021 No 41, Sch 1\\[7\\].","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Mutual recognition laws","content":"#### 5 Mutual recognition laws\n\n5 Mutual recognition laws\n\n> This Act does not limit or otherwise affect the operation of—\n> \n> > (a) the [Mutual Recognition Act 1992](http://www.legislation.gov.au/) of the Commonwealth, or\n> \n> > (b) the [Trans-Tasman Mutual Recognition Act 1997](http://www.legislation.gov.au/) of the Commonwealth.","sortOrder":6},{"sectionNumber":"Part 2","sectionType":"part","heading":"Authority’s functions","content":"# Part 2 Authority’s functions\n\nPart 2 Authority’s functions\n\n**pt 2, hdg:** Am 2013 No 89, Sch 4 \\[8\\]; 2016 No 50, Sch 3 \\[7\\]. Subst 2021 No 41, Sch 1\\[8\\].\n\n**pt 2, div 1, hdg:** Am 2013 No 89, Sch 4 \\[9\\]. Rep 2021 No 41, Sch 1\\[8\\].","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Functions of Authority","content":"#### 6 Functions of Authority\n\n6 Functions of Authority\n\n> > (1) The functions of the Authority under this Act include the following—\n> > \n> > > (a) to provide advice to the Minister on the development, content and application of the professional teaching standards,\n> > \n> > > (b) to provide advice to the Minister on the Minister’s other functions under this Act,\n> > \n> > > (c) to monitor the accreditation process across all schools,\n> > \n> > > (d) to ensure professional teaching standards are applied fairly and consistently,\n> > \n> > > (e) to monitor, evaluate and report on the quality of initial and continuing teacher education courses and programs approved under the professional teaching standards,\n> > \n> > > (f) to assess a person’s suitability to teach,\n> > \n> > > (g) to accredit teachers at all levels, including the voluntary accreditation of teachers at higher levels and non-practising teachers,\n> > \n> > > (h) to suspend, revoke and impose conditions on accreditation,\n> > \n> > > (i) other functions imposed by or under this Act or another Act.\n> \n> > (2) The functions of the Authority under this Act also include making decisions about whether or not to approve—\n> > \n> > > (a) a teacher education course or program for the purposes of this Act, or\n> > \n> > > (b) a person or body to provide professional development in accordance with the requirements of the professional teaching standards.\n> \n> > (3) The functions of the Authority under this Act do not extend to industrial matters concerning teachers, for example, the salaries of teachers or the conditions of employment of teachers.\n> \n> **s 6:** Rep 2013 No 89, Sch 4 \\[10\\]. Ins 2021 No 41, Sch 1\\[8\\].","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Obtaining and sharing information","content":"#### 7 Obtaining and sharing information\n\n7 Obtaining and sharing information\n\n> > (1) The Authority may obtain relevant information from, and disclose relevant information to, the following relevant entities, for an authorised purpose—\n> > \n> > > (a) the Children’s Guardian,\n> > \n> > > (b) the Commissioner of Police,\n> > \n> > > (c) a school or early childhood education centre, or an equivalent entity in another jurisdiction, including outside Australia,\n> > \n> > > (d) an organisation to which a matter relevant to an assessment of suitability has been referred under section 38.\n> \n> > (2) In this section—\n> > \n> > authorised purpose means a purpose for or in connection with the execution or administration of this Act and includes the following purposes—\n> > \n> > > (a) the verification of the identity of a person who is an applicant for, or the holder of, an accreditation under this Act,\n> > \n> > > (b) the consideration and determination of a person’s application under this Act,\n> > \n> > > (c) assessing and determining under Part 4, Division 2 whether to suspend or revoke a person’s accreditation,\n> > \n> > > (d) assessing and determining under Part 4, Division 4 whether a person is suitable to teach.\n> > \n> > clearance history, of a person, means the history of action taken in relation to an application for a clearance by the person or a clearance held by the person under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051), including the following—\n> > \n> > > (a) a risk assessment determination,\n> > \n> > > (b) an interim bar,\n> > \n> > > (c) a refusal of an application,\n> > \n> > > (d) the suspension or cancellation of a clearance.\n> > \n> > relevant information means the following information about a person—\n> > \n> > > (a) information relevant to the verification of the identity of the person,\n> > \n> > > (b) information about the person disclosed by the person to a relevant entity,\n> > \n> > > (c) information about the person’s criminal history in this jurisdiction or another jurisdiction,\n> > \n> > > (d) information about disciplinary proceedings against the person in this jurisdiction or another jurisdiction,\n> > \n> > > (e) information about the person’s clearance history,\n> > \n> > > (f) information about whether the person continues to comply with accreditation requirements and teaching standards under the professional teaching standards,\n> > \n> > > (g) other information relevant to assessing the person’s suitability to teach, including a relevant complaint.\n> \n> **s 7:** Am 2006 No 2, Sch 4.30 \\[1\\]; 2013 No 89, Sch 4 \\[11\\] \\[12\\]; 2014 No 68, Sch 1 \\[8\\]–\\[10\\]; 2016 No 50, Sch 3 \\[8\\] \\[9\\]. Subst 2021 No 41, Sch 1\\[8\\].","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":null,"content":"#### 8\n\n8–15 (Repealed)","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Roll of teachers","content":"# Part 3 Roll of teachers\n\nPart 3 Roll of teachers","sortOrder":12},{"sectionNumber":"16","sectionType":"section","heading":"Authority to maintain roll of teachers","content":"#### 16 Authority to maintain roll of teachers\n\n16 Authority to maintain roll of teachers\n\n> > (1) The Authority is required to maintain, in printed or electronic form (or both), a roll of teachers for the purposes of this Act.\n> \n> > (2) The roll of teachers is to consist of 2 parts, namely—\n> > \n> > > (a) the public register of teachers, and\n> > \n> > > (b) the accreditation list.\n> \n> **s 16:** Am 2013 No 89, Sch 4 \\[7\\]; 2021 No 41, Sch 1\\[9\\].","sortOrder":13},{"sectionNumber":"17","sectionType":"section","heading":"Public register of teachers","content":"#### 17 Public register of teachers\n\n17 Public register of teachers\n\n> > (1) A public register of accredited persons must be published on the Authority’s website.\n> \n> > (2) The public register must contain the following information about an accredited person—\n> > \n> > > (a) the person’s full name,\n> > \n> > > (b) the accreditation number specified on the person’s certificate of accreditation,\n> > \n> > > (c) the type or level of accreditation held by the person.\n> \n> **s 17:** Am 2013 No 89, Sch 4 \\[7\\] \\[16\\]; 2014 No 68, Sch 1 \\[13\\]; 2016 No 50, Sch 3 \\[6\\] \\[11\\]. Subst 2021 No 41, Sch 1\\[10\\].","sortOrder":14},{"sectionNumber":"18","sectionType":"section","heading":"Accreditation list","content":"#### 18 Accreditation list\n\n18 Accreditation list\n\n> > (1) The accreditation list must contain the following particulars in relation to each person who is accredited—\n> > \n> > > (a) the full name and date of birth of the person,\n> > \n> > > (b) the type or level of accreditation held by the person,\n> > \n> > > (c) the date on which the person was accredited,\n> > \n> > > (d) other information required by or under this Act or the regulations to be included on the accreditation list.\n> \n> > (2) The accreditation list must contain the details of a decision by the Authority—\n> > \n> > > (a) to refuse an application to accredit a person, or\n> > \n> > > (b) to revoke the accreditation of a person, or\n> > \n> > > (c) to suspend the accreditation of a person.\n> \n> > (3) The Authority may provide information contained in the accreditation list to the following—\n> > \n> > > (a) a school or an early childhood education centre,\n> > \n> > > (b) the person or body responsible for registering or accrediting teachers under the law of another jurisdiction, including outside Australia,\n> > \n> > > (c) another person or body prescribed by the regulations.\n> \n> **s 18:** Am 2008 No 120, Sch 1 \\[6\\]; 2013 No 89, Sch 4 \\[7\\]; 2014 No 68, Sch 1 \\[14\\]. Subst 2021 No 41, Sch 1\\[11\\].","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"Accreditation of teachers","content":"# Part 4 Accreditation of teachers\n\nPart 4 Accreditation of teachers","sortOrder":16},{"sectionNumber":"Division 1","sectionType":"division","heading":"Professional teaching standards","content":"## Division 1 Professional teaching standards\n\nDivision 1 Professional teaching standards","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Minister may approve professional teaching standards","content":"#### 19 Minister may approve professional teaching standards\n\n19 Minister may approve professional teaching standards\n\n> > (1) The Minister may, from time to time and having regard to the advice of the Authority, approve of professional teaching standards in relation to each of the following levels of accreditation—\n> > \n> > > (a) provisional accreditation under Division 3,\n> > \n> > > (b) conditional accreditation under Division 3,\n> > \n> > > (c) accreditation at proficient teacher level under Division 3 or 5,\n> > \n> > > (d) accreditation at highly accomplished teacher level under Division 5,\n> > \n> > > (e) accreditation at lead teacher level under Division 5.\n> \n> > (2) The Authority is to ensure that the professional teaching standards are made available to all teachers.\n> \n> **s 19:** Am 2013 No 89, Sch 4 \\[7\\]; 2014 No 68, Sch 1 \\[15\\]–\\[18\\]; 2021 No 41, Sch 1\\[12\\].","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Matters to be dealt with by professional teaching standards","content":"#### 20 Matters to be dealt with by professional teaching standards\n\n20 Matters to be dealt with by professional teaching standards\n\n> > (1) The professional teaching standards may deal with, and make provision for or with respect to, the following matters—\n> > \n> > > (a) the skills, qualifications, experience and knowledge required for teaching at each level of accreditation,\n> > \n> > > (b) the conditions and criteria for continuing accreditation, including requirements in relation to professional development,\n> > \n> > > (b1) the conditions and criteria relating to an individual’s suitability to teach,\n> > \n> > > (c) the procedures and guidelines to be followed in relation to the accreditation of persons under this Part, including the suspension or revocation of accreditation,\n> > \n> > > (d) the approval by the Authority of initial and continuing teacher education courses or programs that are relevant to the accreditation of persons under this Part,\n> > \n> > > (e) the approval by the Authority of those persons or bodies who may provide professional development,\n> > \n> > > (f) ethical conduct of teachers,\n> > \n> > > (g) any other matter relating to teaching standards.\n> \n> > (2) Any procedures or guidelines under the professional teaching standards in relation to the suspension or revocation by the Authority of the accreditation of persons—\n> > \n> > > (a) must be consistent with the rules of procedural fairness, and\n> > \n> > > (b) are subject to section 24C.\n> \n> > (3) Any approval by the Authority under the professional teaching standards of a teacher education course or program or of the persons or bodies who may provide professional development—\n> > \n> > > (a) is subject to such conditions as the Authority thinks fit to impose (including while the approval is in force), and\n> > \n> > > (b) may be suspended or revoked at any time by the Authority.\n> \n> **s 20:** Am 2008 No 120, Sch 1 \\[7\\]; 2016 No 50, Sch 3 \\[12\\]–\\[14\\]; 2021 No 41, Sch 1\\[13\\].","sortOrder":19},{"sectionNumber":"Division 2","sectionType":"division","heading":"Accreditation scheme—general provisions","content":"## Division 2 Accreditation scheme—general provisions\n\nDivision 2 Accreditation scheme—general provisions","sortOrder":20},{"sectionNumber":"21","sectionType":"section","heading":"Accreditation of teachers at schools and early childhood education centres","content":"#### 21 Accreditation of teachers at schools and early childhood education centres\n\n21 Accreditation of teachers at schools and early childhood education centres\n\n> > (1) The Authority may, in accordance with this Part—\n> > \n> > > (a) grant accreditation for the purpose of teaching in a school or early childhood education centre, or\n> > \n> > > (b) accredit a non-school based teacher or non-centre based teacher, or\n> > \n> > > (c) grant non-practising accreditation.\n> \n> > (1A) (Repealed)\n> \n> > (2) If a person is accredited under this Part, the person’s accreditation has effect in relation to any school or early childhood education centre, but is subject to revocation by the Authority.\n> \n> > (3) The accreditation of a person under this Part is not restricted to accreditation in relation to a specific area of study, learning or expertise. Accordingly, a person’s accreditation does not, in itself, limit the areas of study or learning in which the person teaches.\n> \n> **s 21:** Am 2014 No 68, Sch 1 \\[19\\]–\\[25\\]; 2016 No 50, Sch 3 \\[15\\] \\[16\\]; 2021 No 41, Sch 1\\[14\\].","sortOrder":21},{"sectionNumber":"22","sectionType":"section","heading":"Applications for accreditation","content":"#### 22 Applications for accreditation\n\n22 Applications for accreditation\n\n> > (1) A person may apply to the Authority for accreditation under this Part.\n> \n> > (2) An application must—\n> > \n> > > (a) be in the form approved by the Authority (the approved form), and\n> > \n> > > (b) be accompanied by other information required by the Authority, and\n> > \n> > > (c) specify the type of accreditation applied for.\n> \n> > (3) The approved form must include provision for the authorisation by the applicant of, and the consent by the applicant to, the following in connection with the application and at any time while the accreditation is in force—\n> > \n> > > (a) the conduct of a criminal record check in relation to the applicant,\n> > \n> > > (b) the disclosure of the applicant’s criminal history and disciplinary history,\n> > \n> > > (c) other inquiries about the applicant relevant to—\n> > > \n> > > > (i) the suitability of the applicant to teach, or\n> > > \n> > > > (ii) the type of accreditation for which the applicant has applied.\n> \n> > (4) The regulations may—\n> > \n> > > (a) prescribe the fee payable for an application and the way in which it must be paid, and\n> > \n> > > (b) require proof of identity to be provided by an applicant in the way prescribed by the regulations or approved by the Authority.\n> \n> **s 22:** Am 2013 No 89, Sch 4 \\[7\\]; 2014 No 68, Sch 1 \\[4\\] \\[26\\]. Subst 2021 No 41, Sch 1\\[15\\].","sortOrder":22},{"sectionNumber":"23","sectionType":"section","heading":"Notice of decisions by Authority","content":"#### 23 Notice of decisions by Authority\n\n23 Notice of decisions by Authority\n\n> > (1) The Authority must give written notice to the applicant of the following—\n> > \n> > > (a) a decision to grant an accreditation,\n> > \n> > > (b) a decision to refuse to grant an accreditation,\n> > \n> > > (c) an assessment the person is not suitable to teach under Division 4.\n> \n> > (2) If the Authority grants an accreditation, the Authority must issue a certificate of accreditation to the person in the form approved by the Authority.\n> \n> > (3) Notice of a decision referred to in subsection (1)(b) or (c) must state the following—\n> > \n> > > (a) the reasons for the decision,\n> > \n> > > (b) that the individual may appeal against the decision,\n> > \n> > > (c) how an application for appeal may be made and the period within which the application must be made.\n> \n> **s 23:** Am 2013 No 89, Sch 4 \\[7\\]; 2014 No 68, Sch 1 \\[27\\]. Subst 2021 No 41, Sch 1\\[15\\].","sortOrder":23},{"sectionNumber":"23A","sectionType":"section","heading":"Conditions of accreditation","content":"#### 23A Conditions of accreditation\n\n23A Conditions of accreditation\n\n> > (1) The accreditation of a person under this Part is subject to such conditions as are imposed by this Act or prescribed by the regulations.\n> \n> > (2) The accreditation of a person under this Part is also subject to such conditions as may be specified in the rules of the Authority.\n> \n> **s 23A:** Ins 2014 No 68, Sch 1 \\[28\\].","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Revocation of accreditation","content":"#### 24 Revocation of accreditation\n\n24 Revocation of accreditation\n\n> > (1) The Authority may revoke the accreditation of a person on any of the following grounds—\n> > \n> > > (a) the Authority is satisfied that the person is a disqualified person within the meaning of the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051),\n> > \n> > > (b) the person is found guilty of an offence punishable by imprisonment for 12 months or more,\n> > \n> > > (c) the person is found guilty of an offence under this Act,\n> > \n> > > (d) the person is found guilty more than once during the period of 5 years immediately before the revocation of any other type of offence that, in the opinion of the Authority, involves an act or conduct that is of a nature that would reflect adversely on a teacher’s professional standing or integrity or suitability or competence to teach,\n> > \n> > > (e) the person has—\n> > > \n> > > > (i) been dismissed from employment as a teacher (whether on a permanent, temporary, part-time or casual basis) or has resigned from such employment before being dismissed, or\n> > > \n> > > > (ii) been included in the list of persons maintained by the Secretary under section 7 (1) (e) of the [Teaching Service Act 1980](/view/html/inforce/current/act-1980-023) as a person who is not to be employed in the Teaching Service,\n> > > \n> > > because of any misconduct that, in the opinion of the Authority, is of a nature that would reflect adversely on a teacher’s professional standing or integrity or suitability or competence to teach,\n> > \n> > > (f) the Authority is satisfied that the person has failed to comply with any condition to which the person’s accreditation is subject,\n> > \n> > > (g) the Authority is satisfied that the person has failed to comply with any of the requirements of the professional teaching standards that apply to the person,\n> > \n> > > (h) the Authority has made an assessment the person is not suitable to teach under Division 4.\n> \n> > (2) (Repealed)\n> \n> **s 24:** Am 2005 No 108, Sch 2.5. Subst 2008 No 120, Sch 1 \\[8\\]. Am 2012 No 51, Sch 4.7. Subst 2014 No 68, Sch 1 \\[29\\]. Am 2016 No 50, Sch 3 \\[17\\]–\\[19\\]; 2021 No 41, Sch 1\\[16\\].","sortOrder":25},{"sectionNumber":"24A","sectionType":"section","heading":"Suspension of accreditation","content":"#### 24A Suspension of accreditation\n\n24A Suspension of accreditation\n\n> > (1) The Authority may suspend the accreditation of a person—\n> > \n> > > (a) on any ground on which the Authority may revoke the person’s accreditation, or\n> > \n> > > (b) if disciplinary proceedings against the person are pending in relation to alleged misconduct, or\n> > \n> > > (c) if proceedings against the person for an offence are pending and, were the person to be found guilty of the offence, the Authority would have grounds to revoke the accreditation.\n> \n> > (2) The Authority must review the Authority’s suspension of a person’s accreditation at least every 3 months and must remove the suspension in the following circumstances—\n> > \n> > > (a) if the suspension was imposed because of pending disciplinary proceedings and those proceedings have been finalised with no finding that the person has engaged in misconduct,\n> > \n> > > (b) if the suspension was imposed because of pending proceedings for an offence and the person has been found not guilty of the offence or the proceedings have been withdrawn or dismissed,\n> > \n> > > (c) if the suspension was imposed on a ground referred to in subsection (1) (b) or (c) and a finding that the person has engaged in misconduct has been made against the person in the relevant disciplinary proceedings, or a finding of guilt has been made against the person in the relevant proceedings for an offence, but the Authority has not taken action to revoke the person’s accreditation within a reasonable period having regard to the circumstances of the case.\n> \n> > (3) (Repealed)\n> \n> > (4) A person’s accreditation is not in force during any period for which it is suspended whether under this or any other section of this Act.\n> \n> > (5) (Repealed)\n> \n> **s 24A:** Ins 2008 No 120, Sch 1 \\[9\\]. Am 2014 No 68, Sch 1 \\[30\\]–\\[34\\]; 2016 No 50, Sch 3 \\[17\\]–\\[20\\].","sortOrder":26},{"sectionNumber":"24B","sectionType":"section","heading":"Criteria for determining revocation or suspension of accreditation on general grounds","content":"#### 24B Criteria for determining revocation or suspension of accreditation on general grounds\n\n24B Criteria for determining revocation or suspension of accreditation on general grounds\n\n> The Authority is to take account of the following matters (where appropriate) when determining whether to revoke a person’s accreditation under section 24 or suspend a person’s accreditation under section 24A or 25 (4)—\n> \n> > (a) the nature and seriousness of the conduct concerned,\n> \n> > (b) the frequency of the conduct concerned,\n> \n> > (c) the recency of the conduct concerned,\n> \n> > (d) any other matter that is required to be taken into account by the procedures and guidelines in the professional teaching standards (as referred to in section 20(1)(c)).\n> \n> **s 24B:** Ins 2008 No 120, Sch 1 \\[9\\]. Am 2014 No 68, Sch 1 \\[35\\]; 2016 No 50, Sch 3 \\[17\\]; 2020 No 30, Sch 2.38.","sortOrder":27},{"sectionNumber":"24C","sectionType":"section","heading":"Notice to be given of intention to suspend or revoke accreditation","content":"#### 24C Notice to be given of intention to suspend or revoke accreditation\n\n24C Notice to be given of intention to suspend or revoke accreditation\n\n> > (1) The Authority may suspend or revoke a person’s accreditation only after having served on the person written notice of its intention to suspend or revoke the accreditation setting out its reasons.\n> \n> > (2) The notice must include a statement that the person concerned may make submissions to the Authority in relation to the proposed suspension or revocation within 14 days after the date of the notice.\n> \n> > (3) This section also applies in relation to the suspension by the Authority of a person’s accreditation for failure to pay the annual fee under section 25.\n> \n> > (4) This section does not apply to the suspension or revocation of a person’s accreditation on the following grounds—\n> > \n> > > (a) the person is subject to an interim bar imposed under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051), section 17,\n> > \n> > > (b) the working with children check clearance for the person is cancelled under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051), section 23.\n> \n> **s 24C:** Ins 2008 No 120, Sch 1 \\[9\\]. Am 2014 No 68, Sch 1 \\[36\\]; 2016 No 50, Sch 3 \\[17\\] \\[21\\]; 2021 No 41, Sch 1\\[17\\].","sortOrder":28},{"sectionNumber":"24D","sectionType":"section","heading":"Placing accreditation on hold during leave of absence from teaching","content":"#### 24D Placing accreditation on hold during leave of absence from teaching\n\n24D Placing accreditation on hold during leave of absence from teaching\n\n> > (1) The Authority may, on application by a person who is accredited, place the person’s accreditation on hold during any period that the person takes leave of absence from teaching in New South Wales.\n> \n> > (2) Any such period may not, except in any particular case approved by the Authority, be less than 6 months or more than 5 years.\n> \n> > (3) A person is taken not to be accredited under this Act during a period in which the person’s accreditation is placed on hold.\n> \n> > (3A) During the period—\n> > \n> > > (a) the person may undertake courses or carry out duties to enable the person to satisfy the requirements of the professional teaching standards relating to professional development and continuing teacher education, and\n> > \n> > > (b) the Authority may suspend or revoke the person’s accreditation.\n> \n> > (4) The placing of a person’s accreditation on hold under this section also has the effect of suspending the period in which the person is required to satisfy conditions for continuing accreditation under the professional teaching standards.\n> > \n> > Note—\n> > \n> > See also sections 30 (7) and 31 (6) which provide that any period that a person’s accreditation is placed on hold under this section is to be disregarded when determining the period of a person’s provisional or conditional accreditation.\n> \n> **s 24D:** Ins 2014 No 68, Sch 1 \\[37\\]. Am 2021 No 41, Sch 1\\[18\\].","sortOrder":29},{"sectionNumber":"24E","sectionType":"section","heading":"Voluntary cancellation of accreditation","content":"#### 24E Voluntary cancellation of accreditation\n\n24E Voluntary cancellation of accreditation\n\n> The Authority may, on application by a person who is accredited, cancel the person’s accreditation.\n> \n> **s 24E:** Ins 2016 No 50, Sch 3 \\[22\\].","sortOrder":30},{"sectionNumber":"25","sectionType":"section","heading":"Annual fee","content":"#### 25 Annual fee\n\n25 Annual fee\n\n> > (1) A person who is accredited under this Part must, in accordance with the regulations, pay an annual fee to the Authority.\n> \n> > (2) The amount of the annual fee is to be prescribed by the regulations.\n> \n> > (3) It is a condition of the person’s accreditation under this Part that the annual fee is paid.\n> \n> > (4) The Authority may suspend the accreditation of a person for failure to pay the annual fee.\n> \n> > (5) The Authority must, before suspending a person’s accreditation for failure to pay the annual fee, give at least 14 days’ notice of its intention to do so to the person’s employer.\n> \n> **s 25:** Am 2013 No 89, Sch 4 \\[7\\]; 2014 No 68, Sch 1 \\[38\\].","sortOrder":31},{"sectionNumber":"25A","sectionType":"section","heading":"Working with children check clearances","content":"#### 25A Working with children check clearances\n\n25A Working with children check clearances\n\n> > (1) A person must not be accredited under this Part unless the person holds a working with children check clearance under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051) that authorises the person to engage in paid child-related work.\n> \n> > (2) It is a condition of the accreditation of a person under this Part that the person holds a working with children check clearance under the [Child Protection (Working with Children) Act 2012](/view/html/inforce/current/act-2012-051) that authorises the person to engage in paid child-related work.\n> \n> **s 25A:** Ins 2014 No 68, Sch 1 \\[39\\]. Subst 2021 No 41, Sch 1\\[19\\].","sortOrder":32},{"sectionNumber":"26","sectionType":"section","heading":"False information and representation","content":"#### 26 False information and representation\n\n26 False information and representation\n\n> > (1) A person must not, in an application for accreditation under this Part, provide any information that the person knows is false or misleading in a material particular.\n> \n> > (2) A person must not make any representation to the effect that the person is accredited at any level of accreditation unless the person is for the time being accredited at that level.\n> \n> Maximum penalty—50 penalty units.","sortOrder":33},{"sectionNumber":"27","sectionType":"section","heading":"Administrative review of certain decisions","content":"#### 27 Administrative review of certain decisions\n\n27 Administrative review of certain decisions\n\n> > (1) A person may apply to the Civil and Administrative Tribunal for an administrative review under the [Administrative Decisions Review Act 1997](/view/html/inforce/current/act-1997-076) of the following decisions—\n> > \n> > > (a) the refusal or failure by the Authority to accredit the person under this Part,\n> > \n> > > (b) the revocation or suspension of the person’s accreditation by the Authority under this Part,\n> > \n> > > (c) the refusal or failure of the Authority to approve—\n> > > \n> > > > (i) a teacher education course or program for the purposes of this Act, or\n> > > \n> > > > (ii) a person or body to provide professional development in accordance with the requirements of the professional teaching standards,\n> > \n> > > (d) the revocation or suspension of any such approval by the Authority.\n> \n> > (2) A decision of a kind referred to in subsection (1) is not reviewable by any other court or tribunal (including in any proceedings in the nature of disciplinary proceedings or in any proceedings for unfair dismissal).\n> \n> **s 27:** Am 2008 No 120, Sch 1 \\[10\\]; 2013 No 95, Sch 2.84; 2014 No 68, Sch 1 \\[40\\]; 2016 No 50, Sch 3 \\[16\\] \\[23\\] \\[24\\]; 2021 No 41, Sch 1\\[20\\].","sortOrder":34},{"sectionNumber":"Division 3","sectionType":"division","heading":"Mandatory accreditation","content":"## Division 3 Mandatory accreditation\n\nDivision 3 Mandatory accreditation\n\n**pt 4, div 3:** Subst 2014 No 68, Sch 1 \\[41\\].\n\n**pt 4, div 3, note:** Rep 2014 No 68, Sch 1 \\[41\\].","sortOrder":35},{"sectionNumber":"28","sectionType":"section","heading":"Requirement for teachers to be accredited","content":"#### 28 Requirement for teachers to be accredited\n\n28 Requirement for teachers to be accredited\n\n> > (1) A person must not teach in a school or early childhood education centre unless the person is accredited.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (2) A person must not employ another person to teach in a school or early childhood education centre unless the other person—\n> > \n> > > (a) is accredited, and\n> > \n> > > (b) if conditionally accredited under section 31—is working under the supervision of a teacher who is not provisionally or conditionally accredited.\n> > \n> > Maximum penalty—100 penalty units.\n> \n> > (3), (4) (Repealed)\n> \n> **s 28:** Am 2008 No 120, Sch 1 \\[11\\]–\\[13\\]. Subst 2014 No 68, Sch 1 \\[41\\]. Am 2021 No 41, Sch 1\\[21\\] \\[22\\].","sortOrder":36},{"sectionNumber":"29","sectionType":"section","heading":"Provisions relating to employment","content":"#### 29 Provisions relating to employment\n\n29 Provisions relating to employment\n\n> > (1) The employment of a person as a teacher may be terminated by the person’s employer if the person’s accreditation is revoked under this Act.\n> \n> > (2) A person who is required to be accredited may be suspended from employment as a teacher by the person’s employer during any period in which the person’s accreditation is suspended.\n> \n> > (3) A person who is suspended from employment as a teacher under this section for any period is, for the purposes of section 28 (2), taken not to be employed as a teacher during that period.\n> \n> > (4) Nothing in this Act requires an employer who terminates or suspends the employment of a person as a teacher in accordance with this Act to provide alternative employment to the person.\n> \n> > (5) This section does not apply in relation to a person who is employed as a teacher in a government school.\n> \n> Note—\n> \n> The Secretary may, under section 77 of the [Teaching Service Act 1980](/view/html/inforce/current/act-1980-023), suspend or terminate a person’s employment in the Teaching Service if the person’s accreditation is suspended or revoked.\n> \n> **s 29:** Am 2008 No 120, Sch 1 \\[14\\]. Subst 2014 No 68, Sch 1 \\[41\\]. Am 2018 No 3, Sch 3 \\[1\\] \\[2\\].","sortOrder":37},{"sectionNumber":"30","sectionType":"section","heading":"Provisional accreditation","content":"#### 30 Provisional accreditation\n\n30 Provisional accreditation\n\n> > (1) The Authority may, on application by a person who is required to be accredited—\n> > \n> > > (a) provisionally accredit the person, or\n> > \n> > > (b) refuse to provisionally accredit the person.\n> \n> > (2) The Authority may provisionally accredit a person if the Authority is satisfied that—\n> > \n> > > (a) the person meets the requirements specified in the professional teaching standards for provisional accreditation, and\n> > \n> > > (b) the person has completed an approved course and will receive a qualification in relation to that course.\n> \n> > (3) In the case of a person referred to in subsection (2) (b), it is a condition of a person’s provisional accreditation that the person provides the Authority with evidence of the person’s qualification as soon as practicable after receiving his or her qualification in relation to the approved course.\n> \n> > (4) The Authority may also provisionally accredit a person who is conditionally accredited if the person—\n> > \n> > > (a) has completed an approved course, and\n> > \n> > > (b) has provided the Authority with evidence of that completion.\n> \n> > (5) The provisional accreditation of a person ceases (unless sooner revoked under this Act)—\n> > \n> > > (a) at the end of the relevant period, or\n> > \n> > > (b) if the person is accredited at proficient teacher level before the end of the relevant period.\n> \n> > (6) In this section—\n> > \n> > relevant period, in relation to a person who is provisionally accredited under this section, means—\n> > \n> > > (a) if the person is employed on a full-time basis—the period of 3 years (or such longer period as may be determined by the Authority in any particular case) following the date on which the person was provisionally accredited, or\n> > \n> > > (b) if the person is employed on a casual or part-time basis—\n> > > \n> > > > (i) the period determined in accordance with the regulations to be commensurate with the 3-year period for persons employed on a full-time basis, or\n> > > \n> > > > (ii) such longer period as may be determined by the Authority in any particular case,\n> > > \n> > > following the date on which the person was provisionally accredited.\n> \n> > (7) However, any period during which a person’s accreditation is placed on hold under section 24D is to be disregarded for the purposes of determining the relevant period for a person.\n> \n> **s 30:** Subst 2014 No 68, Sch 1 \\[41\\]. Am 2021 No 41, Sch 1\\[23\\] \\[24\\].","sortOrder":38},{"sectionNumber":"31","sectionType":"section","heading":"Conditional accreditation","content":"#### 31 Conditional accreditation\n\n31 Conditional accreditation\n\n> > (1) This section applies to a person who is required to be accredited and who meets the requirements specified in the professional teaching standards for provisional accreditation but who has not completed an approved course.\n> \n> > (2) The Authority may, on application by a person to whom this section applies—\n> > \n> > > (a) conditionally accredit the person, or\n> > \n> > > (b) refuse to conditionally accredit the person.\n> \n> > (3) The Authority may conditionally accredit a person only if—\n> > \n> > > (a) the person—\n> > > \n> > > > (i) holds a degree in an area that, in the opinion of the Authority, is relevant to the area in which the person is or is to be employed to teach, and\n> > > \n> > > > (ii) produces evidence of an offer of employment as a teacher, or\n> > \n> > > (b) the Authority is satisfied that the person has completed a substantial part of an approved course.\n> \n> > (4) The conditional accreditation of a person under this section ceases (unless sooner revoked under this Act)—\n> > \n> > > (a) at the end of the relevant period, or\n> > \n> > > (b) if the person is provisionally accredited by the Authority before the end of the relevant period, or\n> > \n> > > (c) if the person is accredited at proficient teacher level before the end of the relevant period.\n> \n> > (5) In this section—\n> > \n> > relevant period, in relation to a person who is conditionally accredited under this section, means—\n> > \n> > > (a) if the person is employed on a full-time basis—the period of 4 years (or such longer period as may be determined by the Authority in any particular case) following the date on which the person was conditionally accredited, or\n> > \n> > > (b) if the person is employed on a casual or part-time basis—\n> > > \n> > > > (i) the period determined in accordance with the regulations to be commensurate with the 4-year period for persons employed on a full-time basis, or\n> > > \n> > > > (ii) such longer period as may be determined by the Authority in any particular case,\n> > > \n> > > following the date on which the person was conditionally accredited.\n> \n> > (6) However, any period during which a person’s accreditation is placed on hold under section 24D is to be disregarded for the purposes of determining the relevant period for a person.\n> \n> **s 31:** Am 2013 No 89, Sch 4 \\[7\\]. Subst 2014 No 68, Sch 1 \\[41\\]. Am 2021 No 41, Sch 1\\[24\\].","sortOrder":39},{"sectionNumber":"32","sectionType":"section","heading":"Accreditation of teachers at proficient teacher level","content":"#### 32 Accreditation of teachers at proficient teacher level\n\n32 Accreditation of teachers at proficient teacher level\n\n> > (1) The Authority may, on application by a person who is required to be accredited, accredit the person at proficient teacher level if—\n> > \n> > > (a) the person—\n> > > \n> > > > (i) is provisionally accredited under section 30, or\n> > > \n> > > > (ii) is conditionally accredited under section 31 and has completed an approved course, or\n> > > \n> > > > (iii) satisfies the requirements for accreditation prescribed by the regulations or specified in the rules of the Authority, and\n> > \n> > > (b) the Authority is satisfied the person meets the requirements for accreditation at proficient teacher level.\n> \n> > (2) The Authority may refuse an application to accredit a person at proficient teacher level.\n> \n> > (3) A decision by the Authority to accredit a person at proficient teacher level has no effect unless the person has completed an approved course.\n> \n> > (4) A person who is accredited at proficient teacher level may for any purpose be referred to as a person who is fully accredited.\n> > \n> > Note—\n> > \n> > Under transitional arrangements referred to in Schedule 3, persons formerly referred to in this Act as “transition scheme teachers” may also be accredited at proficient teacher level.\n> \n> **s 32:** Subst 2014 No 68, Sch 1 \\[41\\]. Am 2021 No 41, Sch 1\\[24\\] \\[25\\].","sortOrder":40},{"sectionNumber":"33","sectionType":"section","heading":"Provisional re-accreditation","content":"#### 33 Provisional re-accreditation\n\n33 Provisional re-accreditation\n\n> > (1) This section applies to a person—\n> > \n> > > (a) whose accreditation at proficient teacher level has been revoked on the grounds that the person has failed to comply with the continuing accreditation requirements under the professional teaching standards, or\n> > \n> > > (b) whose provisional accreditation or provisional re-accreditation has ceased because the person has failed to be accredited at proficient teacher level, or\n> > \n> > > (c) whose accreditation at any level has been revoked on any of the grounds referred to in section 24 (1) (b)–(g).\n> \n> > (2) The Authority may, on application by a person to whom this section applies—\n> > \n> > > (a) provisionally re-accredit the person, or\n> > \n> > > (b) refuse to provisionally re-accredit the person.\n> \n> > (3) The Authority may determine the criteria for provisional re-accreditation and the conditions to which a person’s provisional re-accreditation is subject.\n> \n> > (4) The provisional re-accreditation of a person ceases (unless sooner revoked)—\n> > \n> > > (a) at the end of the period determined by the Authority as the person’s provisional re-accreditation period, or\n> > \n> > > (b) if the person is accredited at proficient teacher level before the end of that period.\n> \n> > (5) A reference in any other provision of this Act to provisional accreditation includes a reference to provisional re-accreditation under this section.\n> \n> **s 33:** Subst 2014 No 68, Sch 1 \\[41\\]. Am 2021 No 41, Sch 1\\[24\\] \\[26\\].","sortOrder":41},{"sectionNumber":"Division 4","sectionType":"division","heading":"Assessment of suitability to teach","content":"## Division 4 Assessment of suitability to teach\n\nDivision 4 Assessment of suitability to teach\n\n**pt 4, div 4:** Rep 2014 No 68, Sch 1 \\[42\\]. Ins 2021 No 41, Sch 1\\[27\\].","sortOrder":42},{"sectionNumber":"34","sectionType":"section","heading":"Definition","content":"#### 34 Definition\n\n34 Definition\n\n> In this Division—\n> \n> assessment of suitability—see section 35.\n> \n> **s 34:** Am 2008 No 120, Sch 1 \\[15\\]. Rep 2014 No 68, Sch 1 \\[42\\]. Ins 2021 No 41, Sch 1\\[27\\].","sortOrder":43},{"sectionNumber":"35","sectionType":"section","heading":"When Authority may assess suitability to teach","content":"#### 35 When Authority may assess suitability to teach\n\n35 When Authority may assess suitability to teach\n\n> The Authority may carry out an assessment of a person’s suitability to teach (an assessment of suitability)—\n> \n> > (a) if the person applies for accreditation under this Part, or\n> \n> > (b) periodically, as required by the rules of the Authority, or\n> \n> > (c) if a complainant makes a relevant complaint to the Authority about the person, or\n> \n> > (d) if the person is the subject of disciplinary proceedings commenced by a school or centre, or\n> \n> > (e) if the person is the subject of criminal proceedings that, in the Authority’s opinion, relate to an act or conduct that reflects adversely on a teacher’s—\n> > \n> > > (i) professional standing or integrity, or\n> > \n> > > (ii) suitability or competence to teach, or\n> \n> > (f) on the basis of a ground on which the Authority may revoke the person’s accreditation.\n> \n> **s 35:** Am 2008 No 120, Sch 1 \\[16\\]. Rep 2014 No 68, Sch 1 \\[42\\]. Ins 2021 No 41, Sch 1\\[27\\].","sortOrder":44},{"sectionNumber":"36","sectionType":"section","heading":"Power to check criminal and disciplinary history","content":"#### 36 Power to check criminal and disciplinary history\n\n36 Power to check criminal and disciplinary history\n\n> > (1) In carrying out an assessment of suitability, the Authority must check the individual’s criminal and disciplinary history.\n> \n> > (2) For the purpose of checking an individual’s criminal and disciplinary history, the Authority may obtain a written report about the criminal and disciplinary history of the individual from the following—\n> > \n> > > (a) the Commissioner of Police,\n> > \n> > > (b) the Children’s Guardian,\n> > \n> > > (c) the employer or a former employer of the individual,\n> > \n> > > (d) another person, body or organisation in the State, another State or Territory or the Commonwealth, or outside Australia, that has access to records about the criminal or disciplinary history of the individual.\n> \n> **ss 36–38:** Rep 2014 No 68, Sch 1 \\[42\\]. Ins 2021 No 41, Sch 1\\[27\\].","sortOrder":45},{"sectionNumber":"37","sectionType":"section","heading":"Authority’s other powers","content":"#### 37 Authority’s other powers\n\n37 Authority’s other powers\n\n> > (1) In carrying out an assessment of suitability, the Authority may, by written notice given to the individual, require the individual to do 1 or more of the following within a reasonable time stated in the notice—\n> > \n> > > (a) give the Authority further information or a document the Authority reasonably requires to assess the individual’s suitability to teach,\n> > \n> > > (b) if the Authority is unable to obtain the criminal or disciplinary history of the person from another jurisdiction, including outside Australia—make a statutory declaration setting out the individual’s criminal or disciplinary history in the jurisdiction,\n> > \n> > > (c) undergo a health assessment at a reasonable place.\n> \n> > (2) If the individual has applied for accreditation under this Part, the Authority may reject the application if the individual does not comply with the notice.\n> \n> > (3) Information obtained under this section must not be used as evidence in civil or criminal proceedings against the person.\n> \n> **ss 36–38:** Rep 2014 No 68, Sch 1 \\[42\\]. Ins 2021 No 41, Sch 1\\[27\\].","sortOrder":46},{"sectionNumber":"38","sectionType":"section","heading":"Authority may refer matter for further investigation","content":"#### 38 Authority may refer matter for further investigation\n\n38 Authority may refer matter for further investigation\n\n> > (1) The Authority may, at any time, refer a matter relevant to an assessment of suitability to an appropriate entity for further investigation.\n> \n> > (2) An appropriate entity to whom a matter is referred must provide the Authority with a report setting out the findings of the investigation.\n> \n> > (3) In this section—\n> > \n> > appropriate entity includes the following—\n> > \n> > > (a) the Children’s Guardian,\n> > \n> > > (b) a law enforcement agency,\n> > \n> > > (c) the employer of the person being assessed,\n> > \n> > > (d) another person, body or organisation empowered by a law of the State or of another State or Territory or the Commonwealth to take investigatory, disciplinary or other action.\n> \n> **ss 36–38:** Rep 2014 No 68, Sch 1 \\[42\\]. Ins 2021 No 41, Sch 1\\[27\\].","sortOrder":47},{"sectionNumber":"38A","sectionType":"section","heading":"Unsuitability to teach","content":"#### 38A Unsuitability to teach\n\n38A Unsuitability to teach\n\n> > (1) The Authority may, after carrying out an assessment, decide an individual is not suitable for teaching if—\n> > \n> > > (a) considering the person’s criminal and disciplinary history, the individual is not, in the Authority’s opinion, a suitable person to teach, or\n> > \n> > > (b) the individual fails to meet a standard in the professional teaching standards in relation to the individual’s suitability to teach, or\n> > \n> > > (c) in the Authority’s opinion, the individual is for another reason—\n> > > \n> > > > (i) not a fit and proper person to teach, or\n> > > \n> > > > (ii) unable to teach competently.\n> \n> > (2) Despite another provision of this Act, if the Authority decides the individual is not suitable for teaching, the Authority—\n> > \n> > > (a) if the individual has applied for accreditation under this Part—must refuse to accredit the individual, or\n> > \n> > > (b) if the individual holds an accreditation granted under this Part—may do 1 or more of the following—\n> > > \n> > > > (i) impose conditions on the accreditation as considered appropriate by the Authority in the circumstances,\n> > > \n> > > > (ii) suspend the accreditation,\n> > > \n> > > > (iii) revoke the accreditation.\n> \n> **s 38A:** Ins 2021 No 41, Sch 1\\[27\\].","sortOrder":48},{"sectionNumber":"Division 5","sectionType":"division","heading":"Voluntary accreditation","content":"## Division 5 Voluntary accreditation\n\nDivision 5 Voluntary accreditation","sortOrder":49},{"sectionNumber":"38B","sectionType":"section","heading":"Non-practising accreditation","content":"#### 38B Non-practising accreditation\n\n38B Non-practising accreditation\n\n> > (1) The Authority may, on application by a person who is not required to be accredited, accredit the person at non-practising level if the person—\n> > \n> > > (a) satisfies the requirements for accreditation at non-practising level prescribed by the regulations or specified in the rules of the Authority, and\n> > \n> > > (b) does not intend to undertake the duties of a teacher in a school or early childhood education centre.\n> \n> > (2) The Authority may refuse an application to accredit a person at non-practising level.\n> \n> **s 38B:** Ins 2021 No 41, Sch 1\\[28\\].","sortOrder":50},{"sectionNumber":"39","sectionType":"section","heading":"Voluntary accreditation of teachers at various levels","content":"#### 39 Voluntary accreditation of teachers at various levels\n\n39 Voluntary accreditation of teachers at various levels\n\n> > (1) This section applies to any person who is a teacher but who is not required to be accredited under this Act.\n> > \n> > Note—\n> > \n> > The accreditation of a person under this section may be revoked under section 24.\n> \n> > (2) The Authority may, on application by a person to whom this section applies—\n> > \n> > > (a) accredit the person at any one or more of the following levels—\n> > > \n> > > > (i) proficient teacher level,\n> > > \n> > > > (ii) highly accomplished teacher level,\n> > > \n> > > > (iii) lead teacher level, or\n> > \n> > > (b) refuse to accredit the person at any such level.\n> \n> > (3) A person may be accredited at more than one such level at any one time.\n> \n> > (4) The Authority may not accredit a person to whom this section applies at the level of accreditation in respect of which the application is made unless the Authority is satisfied that the person meets the requirements for accreditation at that particular level.\n> \n> > (5) (Repealed)\n> \n> > (6) The revocation of a person’s accreditation at proficient teacher level under this section operates to revoke the person’s accreditation (if any) at highly accomplished teacher level or lead teacher level, or both, under this section.\n> \n> **s 39:** Am 2014 No 68, Sch 1 \\[17\\] \\[18\\] \\[43\\]–\\[45\\]; 2021 No 41, Sch 1\\[29\\] \\[30\\].","sortOrder":51},{"sectionNumber":"40","sectionType":"section","heading":"Voluntary accreditation of teachers at higher levels","content":"#### 40 Voluntary accreditation of teachers at higher levels\n\n40 Voluntary accreditation of teachers at higher levels\n\n> > (1) This section applies to any person who is accredited at proficient teacher level.\n> > \n> > Note—\n> > \n> > The accreditation of a person under this section may be revoked under section 24.\n> \n> > (2) The Authority may, on application by a person to whom this section applies—\n> > \n> > > (a) accredit the person at either or both of the following levels—\n> > > \n> > > > (i) highly accomplished teacher level,\n> > > \n> > > > (ii) lead teacher level, or\n> > \n> > > (b) refuse to accredit the person at any such level.\n> \n> > (3) The Authority may not accredit a person under this section at the level of accreditation in respect of which the application is made unless the Authority is satisfied that the person meets the requirements for accreditation at that particular level.\n> \n> > (4) (Repealed)\n> \n> > (5) The revocation of a person’s accreditation at proficient teacher level under Division 3 operates to revoke the person’s accreditation (if any) at highly accomplished teacher level or lead teacher level, or both, under this section.\n> \n> **s 40:** Am 2014 No 68, Sch 1 \\[15\\] \\[17\\] \\[18\\] \\[44\\] \\[46\\] \\[47\\]; 2021 No 41, Sch 1\\[24\\] \\[29\\] \\[30\\].","sortOrder":52},{"sectionNumber":"40A","sectionType":"section","heading":null,"content":"#### 40A\n\n40A, 41 (Repealed)","sortOrder":53},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":55},{"sectionNumber":"42","sectionType":"section","heading":null,"content":"#### 42\n\n42 (Repealed)","sortOrder":56},{"sectionNumber":"42A","sectionType":"section","heading":"Payment of suspended teachers","content":"#### 42A Payment of suspended teachers\n\n42A Payment of suspended teachers\n\n> > (1) A person may be suspended without pay in relation to his or her employment as a teacher for any period or part of a period during which that employment is required to be suspended under section 29 as a result of the suspension of the person’s accreditation for a failure to comply with any condition to which the person’s accreditation is subject.\n> \n> > (2) Any amount payable to a person in relation to his or her employment as a teacher in a government school—\n> > \n> > > (a) may only be withheld under this section if the Secretary so directs, and\n> > \n> > > (b) if so withheld, is forfeited to the State unless the Secretary otherwise directs.\n> \n> **s 42A:** Ins 2008 No 120, Sch 1 \\[17\\]. Am 2014 No 68, Sch 1 \\[4\\] \\[49\\].","sortOrder":58},{"sectionNumber":"42B","sectionType":"section","heading":"Mandatory notifications by employers","content":"#### 42B Mandatory notifications by employers\n\n42B Mandatory notifications by employers\n\n> > (1) An employer of an accredited person who makes a relevant decision in relation to the person must—\n> > \n> > > (a) notify the Authority of the decision, and\n> > \n> > > (b) give the Authority all information that is or may be relevant to the decision.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) A relevant decision, in relation to an accredited person, means a decision to—\n> > \n> > > (a) start or finalise disciplinary proceedings against the person in relation to alleged misconduct while employed as a teacher, or\n> > \n> > > (b) dismiss the person from employment as a teacher for a reason for which the accreditation of a person may be revoked under this Act, or\n> > \n> > > (c) include the person in the list of persons maintained by the Secretary under the [Teaching Service Act 1980](/view/html/inforce/current/act-1980-023), section 7(1)(e) as a person who is not to be employed in the Teaching Service.\n> \n> > (3) An employer of an accredited person must notify the Authority, in accordance with subsection (4), if the employer has, or is aware of, information that is or may be relevant to the grounds for which the person’s accreditation may be suspended or revoked by the Authority.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (4) Notification must be given in accordance with the rules of the Authority.\n> \n> **s 42B:** Ins 2014 No 68, Sch 1 \\[50\\]. Am 2016 No 50, Sch 3 \\[25\\]. Subst 2021 No 41, Sch 1\\[31\\].","sortOrder":59},{"sectionNumber":"43","sectionType":"section","heading":null,"content":"#### 43\n\n43, 44 (Repealed)","sortOrder":60},{"sectionNumber":"45","sectionType":"section","heading":"Delegations","content":"#### 45 Delegations\n\n45 Delegations\n\n> > (1) An office holder may delegate to any person any function conferred or imposed on the office holder by or under this Act, other than this power of delegation.\n> > \n> > Note—\n> > \n> > The power of the Authority to delegate its functions under this Act is contained in the [Education Standards Authority Act 2013](/view/html/inforce/current/act-2013-089).\n> \n> > (2) In this section—\n> > \n> > office holder means the Minister or the Secretary.\n> \n> **s 45:** Am 2013 No 89, Sch 4 \\[17\\] \\[18\\]; 2014 No 68, Sch 1 \\[4\\]; 2016 No 50, Sch 3 \\[26\\].","sortOrder":62},{"sectionNumber":"46","sectionType":"section","heading":"Act to bind Crown","content":"#### 46 Act to bind Crown\n\n46 Act to bind Crown\n\n> > (1) This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.\n> \n> > (2) However, nothing in this Act renders the Crown liable to prosecution for an offence.","sortOrder":63},{"sectionNumber":"47","sectionType":"section","heading":"Relationship of Act with other instruments","content":"#### 47 Relationship of Act with other instruments\n\n47 Relationship of Act with other instruments\n\n> > (1) The provisions of this Act and the regulations have effect despite any stipulation to the contrary.\n> \n> > (2) No contract, agreement or industrial instrument operates to annul, vary or exclude any of the provisions of this Act or the regulations.\n> \n> **s 47:** Am 2008 No 120, Sch 1 \\[19\\].","sortOrder":64},{"sectionNumber":"48","sectionType":"section","heading":null,"content":"#### 48\n\n48 (Repealed)","sortOrder":65},{"sectionNumber":"49","sectionType":"section","heading":"Nature of proceedings for offences","content":"#### 49 Nature of proceedings for offences\n\n49 Nature of proceedings for offences\n\n> Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.\n> \n> **s 49:** Am 2007 No 94, Sch 2.","sortOrder":67},{"sectionNumber":"50","sectionType":"section","heading":"Recovery of money","content":"#### 50 Recovery of money\n\n50 Recovery of money\n\n> Any fee or charge due and payable under this Act may be recovered as a debt in a court of competent jurisdiction.\n> \n> **s 50:** Am 2008 No 120, Sch 1 \\[20\\].","sortOrder":68},{"sectionNumber":"51","sectionType":"section","heading":null,"content":"#### 51\n\n51, 51A (Repealed)","sortOrder":69},{"sectionNumber":"52","sectionType":"section","heading":"Regulations","content":"#### 52 Regulations\n\n52 Regulations\n\n> > (1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n> \n> > (1A) In particular, the regulations may make provision for or with respect to the following—\n> > \n> > > (a) fees and charges for services provided under this Act, including prescribing the basis on which any such fee or charge is to be determined and the waiver of any such fee or charge,\n> > \n> > > (b) without limiting paragraph (a), fees and charges in relation to the approval by the Authority, on application, of teacher education courses and programs for the purposes of this Act or of persons or bodies to provide professional development in accordance with the professional teaching standards,\n> > \n> > > (c) the requirements for accreditation of teachers of a specified class or in specified circumstances.\n> \n> > (2) The regulations may exempt any specified class of persons from any provision of this Act or the regulations. The exemption of any such class of person is subject to such conditions as may be prescribed by the regulations.\n> \n> > (3) The regulations may create an offence punishable by a penalty not exceeding 50 penalty units.\n> \n> **s 52:** Am 2008 No 120, Sch 1 \\[22\\]; 2013 No 89, Sch 4 \\[7\\]; 2014 No 68, Sch 1 \\[51\\]; 2016 No 50, Sch 3 \\[28\\].","sortOrder":71},{"sectionNumber":"53","sectionType":"section","heading":"Savings and transitional provisions","content":"#### 53 Savings and transitional provisions\n\n53 Savings and transitional provisions\n\n> Schedule 3 has effect.","sortOrder":72},{"sectionNumber":"54","sectionType":"section","heading":null,"content":"#### 54\n\n54 (Repealed)","sortOrder":73},{"sectionNumber":"55","sectionType":"section","heading":"Review of Act","content":"#### 55 Review of Act\n\n55 Review of Act\n\n> > (1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.\n> \n> > (2) A review is to be undertaken as soon as possible after the period of 3 years from the date of commencement of this Act.\n> \n> > (3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 3 years.\n> \n> > (4) A further review is to be undertaken as soon as possible after the period of 5 years from the date of assent to the [Institute of Teachers Amendment Act 2008](/view/html/repealed/current/act-2008-120).\n> \n> > (5) A report on the outcome of the further review is to be tabled within 12 months after the end of that period of 5 years.\n> \n> **s 55:** Am 2008 No 120, Sch 1 \\[23\\] \\[24\\].","sortOrder":75},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedules 1, 2 (Repealed)\n\n**sch 1:** Rep 2013 No 89, Sch 4 \\[20\\].\n\n**sch 2:** Am 2013 No 89, Sch 4 \\[7\\] \\[21\\]; 2014 No 68, Sch 1 \\[52\\]–\\[54\\]; 2016 No 50, Sch 3 \\[29\\]–\\[38\\]. Rep 2021 No 41, Sch 1\\[22\\].","sortOrder":76},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Savings and transitional provisions","content":"# Schedule 3 Savings and transitional provisions\n\nSchedule 3 Savings and transitional provisions\n\n(Section 53)\n\n**sch 3:** Am 2008 No 120, Sch 1 \\[25\\] \\[26\\]; 2014 No 68, Sch 1 \\[55\\] \\[56\\]; 2016 No 50, Sch 3 \\[39\\]; 2021 No 41, Sch 1\\[32\\].","sortOrder":77},{"sectionNumber":"9","sectionType":"section","heading":"Existing accreditation of transition scheme teachers","content":"#### 9 Existing accreditation of transition scheme teachers\n\n9 Existing accreditation of transition scheme teachers\n\n> > (1) Any accreditation by a teacher accreditation authority under section 37 that was in force immediately before the repeal of that section by the amending Act is, on that repeal, taken to be an accreditation by the authority at proficient teacher level under section 32 (as inserted by the amending Act).\n> \n> > (2) Division 4 of Part 4 of this Act continues, despite its repeal by the amending Act, to apply in relation to those persons whose conditional accreditation by a teacher accreditation authority under that Division was still in force immediately before that repeal.","sortOrder":90},{"sectionNumber":"10","sectionType":"section","heading":"Change in terminology relating to levels of accreditation","content":"#### 10 Change in terminology relating to levels of accreditation\n\n10 Change in terminology relating to levels of accreditation\n\n> > (1) A person who, immediately before the commencement of this clause, was accredited under this Act at professional competence level is, on that commencement, taken to have been accredited at proficient teacher level.\n> \n> > (2) A person who, immediately before the commencement of this clause, was accredited under this Act at professional accomplishment level is, on that commencement, taken to have been accredited at highly accomplished teacher level.\n> \n> > (3) A person who, immediately before the commencement of this clause, was accredited under this Act at professional leadership level is, on that commencement, taken to have been accredited at lead teacher level.","sortOrder":91},{"sectionNumber":"11","sectionType":"section","heading":"Existing early childhood education centre teachers","content":"#### 11 Existing early childhood education centre teachers\n\n11 Existing early childhood education centre teachers\n\n> A person who was employed as a teacher in an early childhood education centre immediately before the date appointed by proclamation for the purposes of section 28 (4) (as inserted by the amending Act) is taken to have been accredited at proficient teacher level.","sortOrder":92},{"sectionNumber":"12","sectionType":"section","heading":"Existing approvals by Minister","content":"#### 12 Existing approvals by Minister\n\n12 Existing approvals by Minister\n\n> Any approval by the Minister of an initial or continuing teacher education course or program for the purposes of this Act or of any person or body to provide professional development in accordance with the professional teaching standards, being an approval in force immediately before the commencement of this clause, is taken to be an approval by the Authority.","sortOrder":94},{"sectionNumber":"13","sectionType":"section","heading":"Abolition of Quality Teaching Council","content":"#### 13 Abolition of Quality Teaching Council\n\n13 Abolition of Quality Teaching Council\n\n> > (1) The Quality Teaching Council (as established under Division 4 of Part 2 of this Act immediately before the substitution of that Division by the [Education and Teaching Legislation Amendment Act 2016](/view/html/repealed/current/act-2016-050)) is abolished.\n> \n> > (2) Each member of the Quality Teaching Council ceases to hold office as a member and is not entitled to any remuneration or compensation because of the loss of that office.","sortOrder":95},{"sectionNumber":"14","sectionType":"section","heading":"Interim elected members of QTC","content":"#### 14 Interim elected members of QTC\n\n14 Interim elected members of QTC\n\n> Until such time as members of the QTC are elected in accordance with section 13 (1) (a) (as substituted by the [Education and Teaching Legislation Amendment Act 2016](/view/html/repealed/current/act-2016-050)), the elected members of the QTC are to consist of those former elected members of the Quality Teaching Council as are determined by or in accordance with the regulations.","sortOrder":96},{"sectionNumber":"Part 6","sectionType":"part","heading":"Provisions consequent on enactment of Teacher Accreditation Amendment Act 2021","content":"# Part 6 Provisions consequent on enactment of Teacher Accreditation Amendment Act 2021\n\nPart 6 Provisions consequent on enactment of [Teacher Accreditation Amendment Act 2021](/view/pdf/asmade/act-2021-41)","sortOrder":97},{"sectionNumber":"15","sectionType":"section","heading":"Definitions","content":"#### 15 Definitions\n\n15 Definitions\n\n> In this Part—\n> \n> amending Act means the [Teacher Accreditation Amendment Act 2021](/view/pdf/asmade/act-2021-41).\n> \n> pre-amended Act means the [Teacher Accreditation Act 2004](/view/html/inforce/current/act-2004-065) as in force immediately before the commencement of the amending Act.\n> \n> teacher accreditation authority has the same meaning as in the pre-amended Act.","sortOrder":98},{"sectionNumber":"Schedule 4","sectionType":"schedule","heading":null,"content":"# Schedule 4\n\nSchedule 4 (Repealed)\n\n**sch 4:** Rep 2006 No 58, Sch 4.","sortOrder":104}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2004 scope. Originally focused on school teachers and the Institute of Teachers, it has expanded to include: (1) early childhood education centre teachers (added 2014), (2) non-school and non-centre based teachers such as university lecturers and consultants, (3) school counsellors, (4) a comprehensive suitability assessment regime with information sharing powers across government agencies, (5) integration with the working with children check system, and (6) abolition of intermediate bodies (teacher accreditation authorities and Quality Teaching Committee) with centralisation of power in the NSW Education Standards Authority (2021). The 2021 amendments also introduced a dedicated Division 4 for assessing suitability to teach, significantly expanding the Authority's investigative and disciplinary powers."},"complexity_factors":["Multiple overlapping accreditation pathways (provisional, conditional, proficient, highly accomplished, lead, non-practising) with different time limits and conditions","Extensive cross-referencing to other Acts including the Education Standards Authority Act 2013, Child Protection (Working with Children) Act 2012, Children's Guardian Act 2019, and Education Act 1990","Nested conditional logic in suitability assessments (Division 4) with multiple triggers for assessment and various potential outcomes (conditions, suspension, revocation)","Transitional provisions spanning multiple amending Acts across 17+ years (2004, 2008, 2013, 2014, 2016, 2021) with complex savings clauses","Defined terms with layered meanings (e.g., 'teach' defined separately in section 3A with different requirements for schools vs early childhood centres)","Exceptions to procedural fairness requirements (section 24C(4)) for child protection matters","Interaction between mandatory and voluntary accreditation schemes with different rules applying to each"],"plain_english_summary":"**What this law does:**\n\nThis is the **Teacher Accreditation Act 2004** (NSW). It sets up a system where teachers in New South Wales must be officially accredited (approved) before they can work in schools or early childhood education centres. The law creates a central register of teachers and gives the **NSW Education Standards Authority** (the Authority) power to grant, suspend, or cancel teacher accreditation.\n\n**Who it affects:**\n\n*   **Teachers** – anyone who wants to teach in NSW schools or early childhood centres must get accredited. There are different levels: provisional, conditional, proficient, highly accomplished, and lead teacher.\n*   **Employers** – schools and early childhood centres cannot employ unaccredited teachers, and they must report certain disciplinary decisions to the Authority.\n*   **Teacher training providers** – universities and other institutions need approval for their teaching courses.\n\n**Key requirements:**\n\n*   **Mandatory accreditation** – It is illegal to teach or employ an unaccredited teacher in a school or early childhood centre (fines apply).\n*   **Working with Children Check** – All teachers must have a valid clearance to work with children.\n*   **Professional standards** – The Minister sets standards that teachers must meet, covering skills, ethics, and ongoing professional development.\n*   **Suitability assessments** – The Authority can investigate teachers if there are complaints about misconduct, criminal charges, or concerns about fitness to teach.\n*   **Public register** – There is a public list of accredited teachers showing their name, accreditation number, and level.\n\n**Why it matters:**\n\nThis law protects children by ensuring only suitable, qualified people can teach. It creates a single, transparent system for teacher quality across government and non-government schools, and early childhood education. It also gives the Authority teeth to remove teachers who pose risks to children or fail to meet professional standards."},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The scope has meaningfully expanded from its original intent. The Act began as the 'Institute of Teachers Act 2004,' focused on establishing an institute and basic accreditation framework. Over 17+ years of amendments, it evolved into a broader, more detailed regulatory regime — including changes to the governing body's structure and name, expansion of accreditation tiers, stronger enforcement mechanisms, and integration with national teacher standards. The renaming to 'Teacher Accreditation Act 2004' itself signals a shift in focus from institution-building to accreditation regulation as the primary purpose."},"complexity_factors":["The Act has been amended at least 13 times over 17+ years, meaning the current version is the product of numerous layered changes that can be difficult to track","The governing body was renamed from 'Board' to 'Authority' via a 2016 amendment, requiring a whole-of-Act substitution that can cause confusion when reading older versions or cross-references","The Act was also renamed (from Institute of Teachers Act 2004 to Teacher Accreditation Act 2004), adding a layer of historical complexity for anyone researching its origins","The accreditation framework involves multiple tiers or levels of accreditation with different requirements, renewal periods, and professional standards","Interaction with other NSW legislation (e.g., Education Act, regulations made under this Act) creates a web of cross-referenced obligations","Administrative machinery provisions (establishing the Authority, its powers, functions, and governance) are inherently technical","Enforcement and disciplinary provisions (suspension, revocation, appeals) involve procedural complexity relevant to affected individuals"],"plain_english_summary":"## Teacher Accreditation Act 2004 (NSW)\n\n### What is this law?\nThis is a **New South Wales** law that sets up a formal system for **accrediting teachers** (officially recognising that someone is qualified and approved to teach). It was originally called the *Institute of Teachers Act 2004* and has been updated multiple times since it was first introduced.\n\n### Who does it affect?\n- **Teachers** working in NSW schools — you cannot teach without being accredited under this system\n- **Aspiring teachers** — you must meet accreditation standards before you can work in a classroom\n- **School employers** (government and private schools) — they must ensure the teachers they hire hold valid accreditation\n- **Parents and students** — this law is designed to give you confidence that teachers in NSW classrooms meet a recognised standard of quality\n\n### What does it actually do?\nThe Act creates a regulatory framework (a system of rules and oversight) for:\n- **Setting standards** that teachers must meet to be accredited\n- **Granting, renewing, and revoking** (cancelling) accreditation\n- **Establishing a regulatory authority** — originally called the \"Board,\" now called the \"Authority\" (the NSW Education Standards Authority, or NESA) — to oversee the whole system\n- **Ensuring ongoing professional development** — teachers must maintain their skills and knowledge to keep their accreditation\n\n### Why does it matter to you?\nIf you are a teacher in NSW, **your ability to work legally depends on holding valid accreditation** under this Act. If accreditation is refused, suspended, or revoked, you cannot teach. The Act has been amended (changed) many times over 17+ years, meaning the rules and standards have evolved significantly since 2004."},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act as reproduced contains multiple insertions and substitutions over time that expand or reallocate functions and procedures compared with earlier versions. Observable scope changes in the supplied text include: the Authority’s expanded functions and decision‑making role (s 6, including approvals of courses and providers under s 20); the explicit statutory assessment of an individual’s suitability to teach with investigatory powers and standards‑based unsuitability outcomes (ss 35–38A); the requirement that accredited persons hold a working‑with‑children clearance as a condition of accreditation (s 25A); mandatory employer notification duties (s 42B); and transfer of some course‑approval functions from the Minister to the Authority (see Part 5, cl 12). Transitional clauses in Schedule 3 and Part 6 treat prior accreditations and teacher accreditation authorities as continuing under the Authority for defined periods (Schedule 3; Part 6, cls 16–19). These textual features show an observable broadening and administrative centralisation of accreditation, suitability assessment and information‑sharing powers within the Authority compared with earlier institutional arrangements."},"complexity_factors":["Multiple accreditation levels and pathways (provisional, conditional, proficient, highly accomplished, lead, non‑practising) (ss 30–33, 38B–40)","Broad discretionary powers for the Authority to approve, condition, suspend and revoke accreditation (ss 6, 20, 23A, 24–24A, 38A)","Interlocking procedural rules (notice, review periods, right to make submissions, administrative review route) (ss 24C, 24A(2), 27)","Extensive information‑sharing and investigatory powers across State, interstate and international bodies (s 7; ss 36–38)","Cross‑references and dependencies on other legislation (Child Protection (Working with Children) Act 2012; Education Act 1990; Teaching Service Act 1980; Education Standards Authority Act 2013) (ss 3, 3A, 36, 46)","Regulatory and delegated instruments (rules of the Authority, regulations) that set key operational details such as fees, forms and identity proof (ss 22, 23A, 52)","Employer obligations and penalties for notification failures and false representations (ss 26, 42B)","Transitional and amendment history embedded in schedules that alter terms, terminology and who exercises functions (Schedule 3 and Part 6 transitional clauses)"],"plain_english_summary":"### What this law does, mechanically\n\n- Creates the NSW Education Standards Authority (the Authority) roles under the Act to manage teacher accreditation and related lists and records (see s 6; s 16).  The Authority keeps a public register and a more detailed accreditation list (ss 16–18).  \n\n- Requires people to be accredited before they teach in a school or an early childhood education centre, and prohibits employers from engaging unaccredited teachers (s 28).  \n\n- Sets out multiple accreditation pathways and levels: provisional and conditional accreditation for early-career teachers (ss 30–31); accreditation at \"proficient\" (full) level (s 32); voluntary higher-level accreditation (highly accomplished, lead) and non-practising accreditation (ss 38B, 39–40).  \n\n- Gives the Authority powers to grant, refuse, impose conditions on, suspend or revoke accreditation for set grounds (including criminal offences, misconduct, failure to meet professional teaching standards, and breaches of accreditation conditions) (ss 20, 23A, 24–24A, 24B, 24C).  \n\n- Requires accredited teachers to hold a working-with-children check clearance as a condition of accreditation (s 25A).  \n\n- Authorises the Authority to assess a person’s suitability to teach, including checking criminal and disciplinary histories, obtaining reports, requesting further documents, referring matters for investigation, and deciding a person is not suitable to teach (ss 35–38A).  \n\n- Imposes procedural safeguards: notice and opportunity to make submissions before suspension/revocation in most cases (s 24C); an avenue for administrative review of specified Authority decisions by the Civil and Administrative Tribunal (s 27).  \n\n- Allows the Authority to charge fees (application and annual accreditation fees) and to suspend accreditation for non‑payment (ss 22, 25, 52).  \n\n- Requires employers to notify the Authority when they take certain disciplinary or dismissal actions, and to provide relevant information (s 42B).  \n\n- Enables the Authority to obtain and share relevant information with specified entities (for authorised purposes) such as the Children’s Guardian, the Commissioner of Police, employers or other jurisdictions (s 7).  \n\n- Gives the Minister a continuing role to approve the professional teaching standards, and requires the Authority to apply and make available those standards (ss 19–20).  \n\n- Confers regulatory and transitional powers (s 52; Schedule 3) and binds the Crown (s 46).\n\n### Who it affects\n\n- Individual teachers and applicants — they must apply for and maintain accreditation, meet standards, hold a working-with-children clearance, pay prescribed fees, and comply with checks and information requests (ss 22, 25A, 36–37).  \n\n- Employers of teachers (government and non‑government schools and early childhood centres) — they must employ only accredited teachers, notify the Authority in specified cases, and may have to suspend or terminate employment when accreditation is suspended or revoked (ss 28, 29, 42B).  \n\n- The Authority and the Minister — the Authority carries out administrative, investigatory and adjudicative duties; the Minister approves the professional teaching standards (ss 6, 19).  \n\n- Other agencies named in the Act (Children’s Guardian, police, employers, interstate or overseas authorities) — they are defined as sources and recipients of information the Authority may obtain or disclose (s 7).\n\n### Why it matters (stated purpose and operational effects)\n\n- The Act centralises accreditation, record keeping and suitability assessment for teachers in NSW by giving the Authority legal power to set and apply professional teaching standards (s 19), to control who may teach (s 28), and to keep public and detailed registers (ss 16–18).  That centralisation changes who decides and enforces qualifications and conduct requirements: the Authority exercises wide discretionary functions including approval of courses/providers and suspension or revocation of accreditation (ss 6, 20, 24).  \n\n- The stated principle that the safety, welfare and wellbeing of children are paramount directs how the Act must be administered in decisions concerning children (s 4).  Operationally, this grounds the Act’s focus on criminal/disciplinary checks and mandatory working-with-children clearances (ss 36; 25A).  \n\n### Incentives, costs and practical trade-offs (source‑grounded)\n\n- Who pays: accredited persons bear application and ongoing annual fees set by regulation (ss 22, 25, 52).  Employers face administrative costs for notifications (s 42B) and may incur employment consequences (s 29).  \n\n- Incentives created: accreditation becomes a legal precondition to teach in covered settings (s 28), creating an incentive for applicants to obtain and maintain accreditation and working‑with‑children clearances (s 25A).  The Authority’s power to approve courses and providers (s 20) channels supply of qualifying education into the approval process.  \n\n- Compliance burden and procedures: applicants must complete approved forms authorising criminal record checks and disclosures (s 22(3)); the Authority can require further documents, statutory declarations, or health assessments during suitability assessments (s 37).  Employers must follow the Authority’s rules when notifying and providing information (s 42B(4)).  Failure to comply with application rules or to hold required clearances can result in refusal, suspension, or revocation (ss 22, 24, 24A, 25A).  \n\n- Bureaucratic discretion and decision points: the Authority has broad discretionary powers to accredit, refuse, impose conditions, suspend and revoke accreditation (ss 6, 20, 23A, 24–24A, 38A).  The Minister retains authority to approve the professional standards that determine substantive accreditation requirements (s 19).  These discretion points concentrate decision‑making authority in administrative actors rather than in courts or purely contractual arrangements.  \n\n- Effects on private choice and markets: non‑government employers are legally constrained from employing unaccredited teachers (s 28(2)).  The Authority’s power to approve courses and professional development providers (s 20) affects which training providers can supply recognised qualifications.  \n\n- Enforcement and sanctions: suspension or revocation can lead to suspension or termination of employment (s 29) and monetary penalties for false applications or failure to notify (s 26; s 42B).  \n\n- Implementation risks and trade‑offs: the Act relies on inter‑agency information sharing (s 7) and checks across jurisdictions (s 36), which creates operational dependence on timely and accurate data exchange.  Procedural protections (notice, right to make submissions, and limited tribunal review under s 27) exist but the Authority retains final administrative control over many accreditation decisions.  \n\n### Concentrated benefits and diffuse costs (mechanism‑based)\n\n- Concentrated benefits: bodies that gain approval status as providers or that hold registry functions (the Authority) obtain formal control over accreditation and recognition (ss 6, 20).  \n\n- Diffuse costs: the bulk of current and prospective teachers bear the ongoing compliance and fee costs, and employers must operate notification and record‑keeping systems (ss 22, 25, 42B).  \n\n### Where to look in the Act for the main rules\n\n- Mandatory accreditation and employment effects: s 28 and s 29.  \n- Accreditation levels and pathways: ss 30–33, 38B–40.  \n- Grounds and procedure for suspension/revocation: ss 24–24C and 24B.  \n- Suitability assessment and information powers: ss 7, 35–38A.  \n- Fees, regulations and delegated rules: ss 22, 25, 52.  \n- Employer notification obligations: s 42B.  \n- Public register and accreditation list: ss 16–18.  \n\nThis summary draws only on the provisions reproduced in the supplied Act text and cites the relevant sections above."}},"importantCases":[],"_links":{"self":"/api/acts/teacher-accreditation-act-2004","history":"/api/acts/teacher-accreditation-act-2004/history","analysis":"/api/acts/teacher-accreditation-act-2004/analysis","conflicts":"/api/acts/teacher-accreditation-act-2004/conflicts","importantCases":"/api/acts/teacher-accreditation-act-2004/important-cases","documents":"/api/acts/teacher-accreditation-act-2004/documents"}}