{"id":"teacher-registration-northern-territory-act-2004","name":"Teacher Registration (Northern Territory) Act 2004","slug":"teacher-registration-northern-territory-act-2004","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30562,"registerId":"nt-teacher-registration-northern-territory-act-2004-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 10","sectionType":"part","heading":"Transitional matters for Teacher","content":"Part 10 Transitional matters for Teacher\nRegistration (Northern Territory)\nLegislation Amendment Act 2019\n83 Definitions ...................................................................................... 63\n84 Existing registration subject to professional development\ncondition ........................................................................................ 64\n85 Existing authorisation subject to professional development\ncondition ........................................................................................ 64\n86 Application for registration or renewal of registration – not yet\nactioned ......................................................................................... 64\n87 Application for registration or renewal of registration – partially\nactioned ......................................................................................... 65\n88 Application for authorisation – not yet actioned ............................. 65\n89 Application for authorisation – partially actioned............................ 66\n90 Complaints and disciplinary proceedings ...................................... 66\n91 NTCAT review applies to post-commencement decisions ............. 67\n92 Appeal not yet started .................................................................... 67\n93 Appeal not yet decided .................................................................. 67\n94 Accreditation of courses ................................................................ 67\n95 Application of sections 67A and 67B ............................................. 67\n96 Offence provisions – before and after commencement ................. 68\n\n____________________\nAs in force at 6 December 2025\n____________________\nTEACHER REGISTRATION (NORTHERN TERRITORY) ACT 2004\nAn Act to provide for the registration of teachers and the regulation of\nthe teaching profession and for related purposes\n","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Teacher Registration (Northern\nTerritory) Act 2004.\n","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\n(1) This Act, other than sections 7(3), 23(6), 72 and 73, comes into\noperation on the day on which the Administrator's assent to this Act\nis declared.\n(2) Sections 7(3), 23(6), 72 and 73 come into operation on\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Object of Act","content":"3 Object of Act\n(1) The object of this Act is to ensure that only persons who are fit and\nproper, appropriately qualified and competent to teach, are\nemployed as teachers in the Territory.\n(2) The object is to be achieved by establishing a Teacher Registration\nBoard to:\n(a) register persons as teachers in the Territory; and\n(b) facilitate the continuing competence of teachers, and quality\nteaching and educational leadership, in the Territory.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\naccredited education course means a teacher education course\nprovided in the Territory that has been accredited by the Board\nunder section 74.\n\nTeacher Registration (Northern Territory) Act 2004 2\nalternate member means an alternate member of the Board,\nappointed under section 9.\napproved form means a form approved by the Board.\nauthorisation means an authorisation under Part 5 to employ or\notherwise engage an unregistered person to work as a teacher.\nauthorised person means:\n(a) for Part 6 – a person in relation to whom an authorisation is, or\nhas been, in effect; or\n(b) otherwise – a person in relation to whom an authorisation is in\neffect.\nBoard means the Teacher Registration Board of the Northern\nTerritory established by section 6.\nBoard member means a member of the Board appointed under\nsection 7.\nclearance notice means a clearance notice issued under\nsection 189(3)(a) of the Care and Protection of Children Act 2007.\ncommittee means a committee established under section 25.\ncriminal history, of a person, means the person's criminal record\nas defined in section 3(1) of the Criminal Records (Spent\nConvictions) Act 1992.\nDirector means the Director of the Board appointed under\nsection 14.\nemployer, of a person, means a person who employs or otherwise\nengages the person to work as a teacher.\nfull registration means full registration as a teacher granted under\nsection 36(1).\nhigher education institution means a higher education institution,\nor overseas higher education institution, as defined in section 4 of\nthe Higher Education Act 2004.\ninquiry means an inquiry held in accordance with Part 6,\nDivision 4.\ninquiry committee means a committee appointed under\nsection 60.\n\nTeacher Registration (Northern Territory) Act 2004 3\ninterim certificate of registration means a certificate issued under\nsection 34.\ninvestigation panel means a panel appointed under section 55.\ninvestigator, see section 55(1).\nnotifiable offence means:\n(a) an offence against a law in force in the Territory if the penalty\nthat may be imposed on an individual for the offence includes\nimprisonment for a period of 12 months or more; or\n(b) an offence committed outside the Territory if the penalty that\nmay be imposed on an individual for the offence includes\nimprisonment for a period of 12 months or more.\npersonal details, of a person, means:\n(a) the person's name, residential address, private telephone\nnumbers and email address; and\n(b) details of any physical or mental impairment, disability,\ncondition or disorder, including substance abuse or\ndependence, that the person has and that may affect the\nperson's eligibility for registration or authorisation.\npreliminary investigation means an investigation held in\naccordance with Part 6, Division 3.\nprescribed means prescribed by regulation.\nprofessional development condition means:\n(a) for registration – the condition that the teacher to whom the\nregistration has been granted comply with the requirements of\nthe professional development framework; or\n(b) for an authorisation – the condition that the authorised person\nin relation to whom the authorisation has been granted comply\nwith the requirements of the professional development\nframework.\nprofessional development framework means the framework\napproved by the Board under section 75.\nprovisional registration means provisional registration as a\nteacher granted under section 36(1)(b).\nreasonably believes means believes on reasonable grounds.\n\nTeacher Registration (Northern Territory) Act 2004 4\nreferee, for a specified person, means each of the following:\n(a) a current or previous employer of the specified person;\n(b) a registration authority;\n(c) an institution at which the specified person is, or was\npreviously, enrolled for the purpose of obtaining a prescribed\nqualification;\n(d) the Commissioner of Police;\n(e) the Screening Authority;\n(f) a person nominated by the specified person to give a\ncharacter reference for the specified person.\nregister means the Register of Teachers kept under section 26.\nregistered, in relation to a teacher, means currently registered\nunder this Act.\nregistration means provisional registration or full registration.\nregistration authority means a statutory body in a State or\nanother Territory of the Commonwealth, or in New Zealand,\nestablished to register teachers and includes a similar body in other\njurisdictions.\nregulatory authority means:\n(a) for the Territory – the person declared by section 9(5) of the\nEducation and Care Services (National Uniform Legislation)\nAct 2011 to be the Regulatory Authority for the Education and\nCare Services National Law (NT); or\n(b) for another participating jurisdiction under the Education and\nCare Services National Law – the person declared by a law of\nthe participating jurisdiction to be the Regulatory Authority for\nthe Education and Care Services National Law in that\njurisdiction.\nrelevant entity means the Board, an investigator or an inquiry\ncommittee.\nrelevant person means:\n(a) a registered teacher; or\n(b) a teacher whose registration is suspended; or\n\nTeacher Registration (Northern Territory) Act 2004 5\n(c) a person to whom an authorisation relates if the authorisation\nis in effect or suspended.\nschool, see section 5 of the Education Act 2015.\nschool year means the period from the beginning of the first term\nof school to the end of the last term within the same calendar year.\nScreening Authority, see section 196 of the Care and Protection\nof Children Act 2007.\nsexual offence means a prescribed offence.\nteacher means:\n(a) a person who is qualified to program and deliver a course of\ninstruction at a school and to assess the work of students in\nrelation to that course of instruction; and\n(b) for Part 6 – a person who is, or has been, a registered\nteacher.\nteacher education course means an initial (pre-service) teacher\neducation course that:\n(a) is administered by a higher education institution; and\n(b) includes a minimum of 45 days of supervised practice\nteaching in a school.\nunregistered person means a person who is not registered under\nthis Act.\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Act binds Crown","content":"5 Act binds Crown\nThis Act binds the Crown in right of the Territory and, to the extent\nthe legislative power of the Legislative Assembly permits, the\nCrown in all its other capacities.\n\nTeacher Registration (Northern Territory) Act 2004 6\n","sortOrder":5},{"sectionNumber":"5A","sectionType":"section","heading":"Application of Criminal Code","content":"5A Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 5A\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Establishment of Board","content":"6 Establishment of Board\n(1) The Teacher Registration Board of the Northern Territory is\nestablished.\n(2) The Board:\n(a) is a body corporate with perpetual succession; and\n(b) has a common seal; and\n(c) is capable, in its corporate name, of acquiring, holding and\ndisposing of real, leasehold and personal property and of\nsuing and being sued.\n(3) All courts, judges and persons acting judicially are to take judicial\nnotice of the common seal of the Board affixed to a document and\nmust assume that it was duly affixed.\n","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Composition of Board","content":"7 Composition of Board\n(1) The Board consists of 12 members appointed by the Administrator,\nof whom:\n(a) one is to be a person nominated by the Chief Executive\nOfficer; and\n(b) 2 are to be teachers (of whom one is to be based at a remote\nschool) nominated by the Northern Territory Branch of the\nAustralian Education Union; and\n(c) one is to be an indigenous teacher at a government school\nand is to be nominated by the Chief Executive Officer; and\n(d) one is to be a teacher nominated by the Northern Territory\nPrincipals' Association Incorporated (Association registration\nnumber 01357C); and\n\nTeacher Registration (Northern Territory) Act 2004 7\n(e) one is to be an educator nominated by the Association of\nIndependent Schools of the Northern Territory Incorporated\n(Association registration number 01661C); and\n(f) one is to be a teacher nominated by the Independent\nEducation Union – Queensland and Northern Territory Branch;\nand\n(g) one is to be an educator nominated by the Catholic Education\nOffice; and\n(h) one is to be an educator nominated by the Charles Darwin\nUniversity; and\n(i) one is to be an educator nominated by the Batchelor Institute\nof Indigenous Tertiary Education; and\n(j) one is to be a person nominated by the Northern Territory\nCouncil of Government School Organisations Incorporated\n(Association registration number 00668C); and\n(k) one is to be a teacher nominated by the Professional\nTeachers' Association of the Northern Territory Incorporated\n(Association registration number 01940C).\n(2) An organisation or body mentioned in subsection (1) must nominate\na panel of persons from which the Board member, and an alternate\nmember if required, can be selected.\n(3) A Board member (or alternate member) who is required to be a\nteacher must be a registered teacher.\neducator means a person:\n(a) who is a specialist in the administration of education; or\n(b) who is a specialist in the theory and practice of education; or\n(c) who delivers, outside of a school, a course of academic\ninstruction to adults.\n","sortOrder":8},{"sectionNumber":"8","sectionType":"section","heading":"Term of appointment","content":"8 Term of appointment\n(1) Subject to this Act, a Board member holds office until the expiration\nof the period, not exceeding 4 years, specified in his or her\ninstrument of appointment, but is eligible for re-appointment.\n\nTeacher Registration (Northern Territory) Act 2004 8\n(2) If a period of appointment is not specified in an instrument of\nappointment of a Board member, the Board member holds office,\nsubject to this Part, for 4 years.\n(3) The appointments of Board members are to be arranged so that, as\nfar as practicable, the terms of office of 6 Board members expire\ntogether, with the terms of office of the other 6 Board members\nexpiring 2 years later.\n","sortOrder":9},{"sectionNumber":"9","sectionType":"section","heading":"Alternate members","content":"9 Alternate members\n(1) If the Board requests, the Minister may appoint a person to be an\nalternate member to act in the place of a Board member of the\nBoard during the absence or inability to act of the Board member.\n(2) The Minister must not appoint a person to be an alternate member\nunless the person is eligible for appointment as a Board member\nunder the same paragraph of section 7(1) as the Board member to\nwhom he or she is an alternate.\n","sortOrder":10},{"sectionNumber":"10","sectionType":"section","heading":"Chairperson and deputy chairperson","content":"10 Chairperson and deputy chairperson\n(1) The Board members must elect a chairperson and a deputy\nchairperson who are to be chosen by the Board members from\namong their own number.\n(2) The deputy chairperson acts as chairperson when the chairperson\nis absent from a meeting of the Board (or a committee), or is\notherwise unable to perform the functions of the chairperson, or\nthere is a vacancy in the office of the chairperson, despite that an\nalternate member may be acting in the place of the chairperson.\n","sortOrder":11},{"sectionNumber":"11","sectionType":"section","heading":"Functions of Board","content":"11 Functions of Board\n(1) The Board has the following functions:\n(a) to administer the scheme of registration under Part 4;\n(b) to make recommendations to the Minister in relation to the\nminimum qualifications and other requirements for registration;\n(c) to grant, if satisfied it is appropriate to do so, authorisation to a\nperson to employ an unregistered person as a teacher;\n(d) to accredit teacher education courses and liaise with\ninstitutions providing accredited education courses;\n(e) to liaise with the Agency administering the Education Act 2015\nin relation to strategic priorities for professional development\nof teachers in the Territory;\n\nTeacher Registration (Northern Territory) Act 2004 9\n(ea) to promote the professional development of teachers in the\nTerritory and approve a framework for the professional\ndevelopment of teachers;\n(f) to develop and approve professional teaching standards and\nother professional standards;\n(g) to develop and maintain a code of professional ethics for the\nteaching profession;\n(h) to liaise with employers of teachers in the Territory in relation\nto developing the competencies of teachers during the early\nstages of the teachers' careers;\n(i) to research and promote best practice in teaching in the\nTerritory;\n(ia) to support, recognise and certify quality teaching and\neducational leadership in the Territory;\n(j) to deal with complaints about teachers, hold preliminary\ninvestigations and inquiries in relation to teachers and take\ndisciplinary action under Part 6;\n(k) to prosecute offences against this Act.\n(2) In addition, the Board has those functions imposed on it by this or\nany other Act or that are prescribed.\n","sortOrder":12},{"sectionNumber":"12","sectionType":"section","heading":"Powers of Board","content":"12 Powers of Board\n(1) The Board has power to do all things necessary or convenient to be\ndone in connection with the performance of its functions.\n(2) In particular, the Board has power to do the following:\n(a) suspend or cancel the registration of a person, or an\nauthorisation;\n(b) disqualify a person from registration, or from teaching under\nan authorisation, for a specified period;\n(c) share information with:\n(i) other registration authorities, whether in Australia, New\nZealand or elsewhere; and\n(ii) regulatory authorities;\n(d) charge a fee for the provision of a service, whether or not the\nfee is prescribed;\n\nTeacher Registration (Northern Territory) Act 2004 10\n(f) with the permission of an applicant for grant or renewal of\nregistration, or an unregistered person – seek information\nabout, or a document or other thing relating to, the applicant or\nunregistered person from a referee for the applicant or\nunregistered person.\n","sortOrder":13},{"sectionNumber":"14","sectionType":"section","heading":"Director","content":"14 Director\n(1) The Minister must appoint a public sector employee employed in\nthe Agency to be the Director of the Board.\n(2) The Director is subject to the direction of the Board in the exercise\nof the Director's powers and performance of the Director's functions\nunder this Act.\n","sortOrder":14},{"sectionNumber":"14A","sectionType":"section","heading":"Staff and facilities of Board","content":"14A Staff and facilities of Board\nThe Chief Executive Officer of the Agency must provide the Board\nwith staff, facilities and other support services to enable the Board\nto properly exercise the Board's powers and perform the Board's\nfunctions.\n","sortOrder":15},{"sectionNumber":"15","sectionType":"section","heading":"Delegation","content":"15 Delegation\n(1) The Board may delegate to a Board member, a committee or the\nDirector any of its powers and functions under this Act, other than\nthis power of delegation, the power to grant registration or the\npower to take disciplinary action under Part 6.\n(2) A power or function delegated under this section, when exercised\nor performed by the delegate, is taken to have been exercised or\nperformed by the Board.\n(3) A delegation under this section:\n(a) must be in writing; and\n(b) does not prevent the exercise of a power or the performance\nof a function by the Board.\n","sortOrder":16},{"sectionNumber":"16","sectionType":"section","heading":"Meetings","content":"16 Meetings\n(1) The Board will meet as determined by the Board but must meet at\nleast 3 times per year.\n\nTeacher Registration (Northern Territory) Act 2004 11\n(2) The chairperson:\n(a) may convene a meeting of the Board; and\n(b) must convene a meeting on request by any 5 Board members.\n(3) The Minister may at any time direct the chairperson to convene a\nmeeting of the Board and the chairperson must convene a meeting\naccordingly.\n(4) Subject to this Act, the Board determines the procedure to be\nfollowed at or in connection with its meetings.\n","sortOrder":17},{"sectionNumber":"17","sectionType":"section","heading":"Quorum and voting at meetings","content":"17 Quorum and voting at meetings\n(1) At a meeting of the Board, 7 Board members form a quorum.\n(2) When deciding a matter at a meeting of the Board:\n(a) the chairperson has a deliberative vote only; and\n(b) a question is decided by a majority of votes of the Board\nmembers present and voting.\n(3) If there is an equality of votes, the question stands adjourned until\nthe next meeting of the Board but if there is again an equality of\nvotes, the question is resolved in favour of the status quo.\n","sortOrder":18},{"sectionNumber":"18","sectionType":"section","heading":"Attendance at meetings","content":"18 Attendance at meetings\n(1) The employer of a person who is a Board member or alternate\nmember must, without penalty or deduction from the person's\nsalary, allow him or her the time that is necessary to attend Board\nmeetings.\n(2) If a school incurs expense through engaging a relief teacher to\ncover for a teacher who is attending a Board meeting as a Board\nmember or alternate member, the Board must reimburse the school\nfor the expense.\n","sortOrder":19},{"sectionNumber":"18A","sectionType":"section","heading":"Resolution without meeting","content":"18A Resolution without meeting\n(1) A resolution is taken to have been passed by the Board if:\n(a) the chairperson has taken reasonable steps to give notice to\neach Board member setting out the terms of the proposed\nresolution and giving the time for response; and\n(b) a majority of Board members assent to the resolution in\naccordance with subsection (2).\n\nTeacher Registration (Northern Territory) Act 2004 12\n(2) A Board member may assent to a resolution by, within the time for\nresponse:\n(a) signing a document containing a statement that the member is\nin favour of the resolution in the terms set out in the document;\nor\n(b) sending to the chairperson from the member's nominated\nemail account an email containing a statement that the\nmember is in favour of the resolution in the terms set out in the\nemail; or\n(c) by using other technology approved by the Board in the\nmanner approved by the Board.\n(3) A Board member who has an interest (whether pecuniary or\notherwise) that would conflict with the proper performance of the\nBoard member's functions in relation to the proposed resolution\nmust not be counted as part of the majority of Board members\nmentioned in subsection (1)(b).\n(4) If a resolution is taken to have been passed under subsection (1),\nthe chairperson must ensure that each Board member is advised\nand given a copy of the resolution as soon as practicable after it\nhas been passed.\nnominated email account, of a Board member, means an email\naccount nominated by the member to the Board for the purposes of\ncommunications between the member and the Board.\n","sortOrder":20},{"sectionNumber":"19","sectionType":"section","heading":"Minutes","content":"19 Minutes\nThe Board must keep full and accurate minutes of its meetings and\nthe passing of resolutions without meetings.\n","sortOrder":21},{"sectionNumber":"20","sectionType":"section","heading":"Validity of proceedings","content":"20 Validity of proceedings\nAn act or proceeding of the Board or of a person acting under the\ndirection of the Board is valid even if:\n(a) the appointment of a Board member was defective; or\n(b) there is a vacancy in the membership of the Board.\n","sortOrder":22},{"sectionNumber":"22","sectionType":"section","heading":"Disclosure of interest","content":"22 Disclosure of interest\n(1) This section applies if a Board member or an alternate member has\nor acquires an interest (whether pecuniary or otherwise) that would\n\nTeacher Registration (Northern Territory) Act 2004 13\nconflict with the proper performance of the Board member's or\nalternate member's functions in relation to a matter being\nconsidered or about to be considered by the Board.\n(1A) The Board member or alternate member must disclose the nature\nof the interest to the Board as soon as practicable after the relevant\nfacts come to the member's knowledge.\n(1B) An offence against subsection (1A) is an offence of strict liability.\n(1C) It is a defence to a prosecution for an offence against\nsubsection (1A) if the defendant has a reasonable excuse.\n(2) A disclosure in accordance with subsection (1A) must be recorded\nin the minutes.\n(3) Unless the Board (exclusive of the Board member or alternate\nmember) determines otherwise, the Board member or alternate\nmember:\n(a) must not be present during any deliberations of the Board in\nrelation to the matter; and\n(b) must not take part in any decision of the Board in relation to\nthe matter.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (3) if the defendant has a reasonable excuse.\n","sortOrder":23},{"sectionNumber":"23","sectionType":"section","heading":"Vacation of office","content":"23 Vacation of office\n(1) A Board member or an alternate member may resign his or her\noffice in writing to the Minister.\n(2) The chairperson or deputy chairperson may resign the office of\nchairperson or deputy chairperson but remain a Board member.\n(3) A Board member or an alternate member vacates office if the\nmember:\n(a) resigns; or\n(b) is removed from office under subsection (4) or (5); or\n(c) ceases to be eligible to be appointed under section 7.\n\nTeacher Registration (Northern Territory) Act 2004 14\n(4) The Minister may remove a Board member or an alternate member\nfrom office if the Board member or alternate member:\n(a) is absent from 3 consecutive meetings of the Board, or (if an\nalternate member) is absent from 3 consecutive meetings of\nthe Board that the Board member in whose stead he or she\nwas appointed to act requested him or her to attend in the\nBoard member's place, without permission of the Board; or\n(b) becomes bankrupt, applies to take the benefit of any law for\nthe relief of bankrupt or insolvent debtors, compounds with his\nor her creditors or makes an assignment of his or her\nremuneration or estate for their benefit; or\n(c) is found guilty in the Territory or elsewhere of an offence\npunishable by imprisonment; or\n(d) fails, without reasonable excuse, to comply with his or her\nobligation under section 22; or\n(e) is found guilty of an offence against this Act.\n(5) The Minister may remove a Board member or an alternate member\nfrom office if satisfied that the Board member or alternate member:\n(a) has acted improperly in the performance of his or her duties\nas a Board member or alternate member; or\n(b) has disclosed confidential information provided to the Board\nmember or alternate member in the course of his or her duties\nas a Board member or alternate member; or\n(c) is unable to competently perform his or her duties as a Board\nmember or alternate member.\n","sortOrder":24},{"sectionNumber":"24","sectionType":"section","heading":"Filling of vacancies","content":"24 Filling of vacancies\nIf the office of a Board member becomes vacant, the Minister may\nappoint to the vacant office for the remainder of that Board\nmember's term of office a person who is eligible for appointment as\na Board member under the same paragraph of section 7(1) as the\nformer Board member.\n","sortOrder":25},{"sectionNumber":"25","sectionType":"section","heading":"Board may establish committees","content":"25 Board may establish committees\n(1) The Board may establish committees as it considers appropriate to\nassist the Board in performing its functions.\n(2) A committee is to be comprised of one or more Board members\nand any other persons as the Board considers appropriate.\n\nTeacher Registration (Northern Territory) Act 2004 15\n(3) The Board may give written directions to a committee established\nby it and the committee must comply with those directions.\n(4) A committee must keep accurate minutes of its proceedings.\n(5) Except as provided by this Act, a committee may regulate its own\nproceedings.\n(6) The powers and functions of a committee are limited to enquiring\ninto, and making recommendations to the Board in relation to, a\nmatter referred to it by the Board.\n","sortOrder":26},{"sectionNumber":"25A","sectionType":"section","heading":"Board may publish policies and guidelines","content":"25A Board may publish policies and guidelines\n(1) The Board may publish, and make publicly available, policies or\nguidelines in relation to the performance by the Board of its\nfunctions under this Act.\n(2) The Board may make the published material available to the public\nin any manner the Board considers appropriate.\n(3) Without limiting subsection (2), the Board may publish the material\non the Board's website.\n","sortOrder":27},{"sectionNumber":"25B","sectionType":"section","heading":"Ministerial directions to Board","content":"25B Ministerial directions to Board\n(1) Subject to subsection (3), the Minister may give written directions to\nthe Board in relation to:\n(a) the exercise of the Board's powers and the performance of its\nfunctions under this Act; and\n(b) the administration of the Board.\n(2) Without limiting subsection (1), the Minister may give directions to\nthe Board relating to policies the Board should pursue or\nimplement, or priorities it should follow, in the exercise of its powers\nand performance of its functions.\n(3) The Minister must not give a direction under subsection (1) that\nrelates to:\n(a) a particular authorised person or registered teacher; or\n(b) a particular application for:\n(i) registration of a teacher or renewal of a teacher's\nregistration under Part 4; or\n(ii) an authorisation under Part 5; or\n\nTeacher Registration (Northern Territory) Act 2004 16\n(c) a particular complaint, investigation or inquiry under Part 6 or\ndisciplinary action taken against a particular person under that\nPart.\n(4) The Board must give effect to the Minister's directions in exercising\nits powers and performing its functions under this Act.\n","sortOrder":28},{"sectionNumber":"26","sectionType":"section","heading":"Register","content":"26 Register\n(1) The Board must keep a register called the Register of Teachers.\n(2) The Board must record the following information in the register in\nrelation to each person to whom it grants registration:\n(a) the person's name and other personal details provided under\nsections 33(2) and 35(2);\n(ab) the person's criminal history;\n(b) the business address at which the person will be teaching, if\nknown;\n(c) the person's qualifications;\n(d) the date of the person's registration;\n(e) any conditions imposed on the person's registration.\n(3) The Board must also record the following matters in the register:\n(a) the renewal of a person's registration;\n(b) the suspension of a person's registration or the imposition of\nconditions on the person's registration under Part 6;\n(c) the removal from the register of a person's name;\n(d) the restoration to the register of a person's name;\n(e) any change in the personal details, business address or\ncriminal history of a registered person.\n(4) The register may contain any other information that the Board\nconsiders necessary or appropriate.\n(5) The register may be kept in electronic form.\n\nTeacher Registration (Northern Territory) Act 2004 17\n","sortOrder":29},{"sectionNumber":"26A","sectionType":"section","heading":"Removal of name from register","content":"26A Removal of name from register\n(1) The Board may remove a person's name from the register if:\n(a) the person dies; or\n(b) the person requests, in writing, that the person's name be\nremoved; or\n(c) the person's registration is cancelled or ceases under Part 6;\nor\n(d) the term of the person's registration ends without being\nrenewed; or\n(e) the person's registration ceases under section 40A(2).\n(2) If a person's name is removed from the register under\nsubsection (1)(b), the person's registration ceases on the date of\nthe removal.\n(3) A person is not entitled to a refund of any registration fees paid by\nthe person following the removal of the person's name from the\nregister.\n","sortOrder":30},{"sectionNumber":"27","sectionType":"section","heading":"Correction of register","content":"27 Correction of register\n(1) A person may apply to the Board to have an inaccurate or\nerroneous entry in the register corrected and, if the Board is\nsatisfied that the entry is inaccurate or erroneous, it must correct\nthe register accordingly.\n(2) No fee is payable for an application under subsection (1).\n(3) The Board may require an applicant under subsection (1) to provide\ninformation as it considers necessary in order to consider the\n","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Notice of change of personal details or address","content":"28 Notice of change of personal details or address\n(1) A registered teacher must, within 90 days of a change in the\nteacher's personal details or business address, give the Board\nnotice of the change and provide the new details.\n(2) An offence against subsection (1) is an offence of strict liability.\n(2A) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n\nTeacher Registration (Northern Territory) Act 2004 18\n(3) In this section:\nregistered teacher includes a teacher whose registration is\n","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Public access to register","content":"29 Public access to register\n(1) A person may access and inspect the register on the Board's\nwebsite or by using other technology approved by the Board, and\naccess or electronically download the details mentioned in\nsubsection (2) without payment of a fee.\n(2) The Board must ensure that the only details about a teacher on the\nregister that are made available to a person under subsection (1)\nare the following:\n(a) the teacher's name;\n(b) the teacher's registration number;\n(c) whether the registration is full registration or provisional\nregistration;\n(d) the date to which the teacher's registration fees have been\npaid;\n(e) any other detail prescribed by regulation.\n","sortOrder":33},{"sectionNumber":"30","sectionType":"section","heading":"Eligibility for full registration","content":"30 Eligibility for full registration\nA person is eligible for full registration if the Board is satisfied the\nperson:\n(a) holds a qualification prescribed by regulation; and\n(b) is a fit and proper person to teach as decided under\nsection 32; and\n(c) is competent to teach as decided in accordance with the\nregulations; and\n(d) has the prescribed professional experience and currency of\npractice for full registration; and\n(e) meets any other prescribed requirement for registration.\n\nTeacher Registration (Northern Territory) Act 2004 19\n","sortOrder":34},{"sectionNumber":"31","sectionType":"section","heading":"Eligibility for provisional registration","content":"31 Eligibility for provisional registration\nA person is eligible for provisional registration if the Board is\nsatisfied the person does not have the prescribed professional\nexperience and currency of practice for full registration but is\notherwise eligible for full registration under section 30.\n","sortOrder":35},{"sectionNumber":"32","sectionType":"section","heading":"Fit and proper person","content":"32 Fit and proper person\n(1) In deciding whether a person is a fit and proper person to teach, the\nBoard:\n(a) must take into account the person's criminal history; and\n(b) must take into account any behaviour of the person that:\n(i) does not meet the standard of behaviour reasonably\nexpected of a teacher; or\n(ii) is not in accordance with a code of professional ethics\ndeveloped and maintained by the Board; or\n(iii) shows that the person is not of good character; and\n(c) must take into account whether the person:\n(i) has had an application for registration as a teacher, in\nthe Territory or elsewhere, refused; or\n(ii) has had his or her registration as a teacher, in the\nTerritory or elsewhere, suspended or cancelled; or\n(iii) has been disqualified from registration by the Board; or\n(iv) is, or has been, disqualified from registration as a\nteacher by a registration authority; and\n(d) must take into account any conditions currently or previously\nimposed on the person's registration as a teacher, either in the\nTerritory or elsewhere; and\n(da) must take into account whether the person holds a clearance\nnotice that is in force; and\n(e) may take into account other matters it considers relevant.\n\nTeacher Registration (Northern Territory) Act 2004 20\n(2) If, after considering the matters mentioned in subsection (1), the\nBoard is not satisfied a person is a fit and proper person to teach,\nthe Board must:\n(a) give the person written notice of the reasons the Board is not\nsatisfied the person is a fit and proper person to teach; and\n(b) invite the person to make an oral or written submission to the\nBoard within a reasonable period, as specified in the notice, to\nrespond to those reasons.\n(3) If the person chooses to appear before the Board to make an oral\nsubmission, the person may be accompanied by another person\nbut is not entitled to be represented by the other person.\n(4) The Board must not decide whether the person is a fit and proper\nperson to teach until:\n(a) the person has made a submission; or\n(b) if the person does not make a submission during the period\nmentioned in subsection (2)(b) – the end of the period.\n","sortOrder":36},{"sectionNumber":"33","sectionType":"section","heading":"Application for registration","content":"33 Application for registration\n(1) A person may apply for registration if the person:\n(a) holds a qualification prescribed for section 30(a); and\n(b) is not disqualified from registration by the Board.\n(a) made in the approved form and must include the personal\ndetails and criminal history of the applicant; and\n","sortOrder":37},{"sectionNumber":"34","sectionType":"section","heading":"Interim certificate of registration pending Board decision","content":"34 Interim certificate of registration pending Board decision\n(1) An applicant for registration may apply to the Director for the issue\nof an interim certificate of registration pending the Board deciding\nthe application for registration.\n\nTeacher Registration (Northern Territory) Act 2004 21\n(2) If the Director reasonably believes the Board is likely to grant\nregistration to the applicant, the Director may issue an interim\ncertificate of registration to the applicant.\n(2A) The interim certificate of registration must be in the approved form\nbut may be issued in a way decided by the Director (including, for\nexample, electronically).\n(3) The interim certificate of registration is in force from the date it is\nissued to the date the Board considers the applicant's application\nfor registration.\n","sortOrder":38},{"sectionNumber":"35","sectionType":"section","heading":"Board may seek further information","content":"35 Board may seek further information\n(1) To decide whether an applicant is eligible for registration, the Board\nmay:\n(a) with the permission of the applicant – request information\nabout the applicant from a referee for the applicant; and\n(2) In addition, the Board may require the applicant to give the Board\nany further information it considers necessary to decide the\n","sortOrder":39},{"sectionNumber":"36","sectionType":"section","heading":"Decision of Board","content":"36 Decision of Board\n(1) Within 90 days of accepting an application for registration, the\nBoard must:\n(a) if the applicant is eligible for full registration – grant full\nregistration to the applicant; or\n(b) if the applicant is not eligible for full registration but is eligible\nfor provisional registration – grant provisional registration to\nthe applicant; or\n(c) if the applicant is not eligible for full registration or provisional\nregistration – refuse the application.\n(2) If the Board grants registration to the applicant, the term of the\napplicant's registration:\n(a) starts on:\n(i) the date on which registration is granted; or\n(ii) a later date determined by the Board; and\n\nTeacher Registration (Northern Territory) Act 2004 22\n(b) subject to subsection (2A), ends on the date determined by\nthe Board.\n(2A) In determining the date on which the term of the applicant's\nregistration ends, the duration of the term must not exceed:\n(a) for full registration – either:\n(i) 5 years; or\nprescribed period; or\n(b) for provisional registration – either:\n(i) 3 years; or\nprescribed period.\n(3) In addition, if registration is granted, it is subject to:\n(a) a condition that the teacher comply with the requirements of\nthe professional development framework; and\n(b) any other conditions that the Board considers appropriate.\n","sortOrder":40},{"sectionNumber":"37","sectionType":"section","heading":"Application for renewal","content":"37 Application for renewal\n(1) A person may apply for a renewal of the person's registration.\n(a) except with the Board's approval – made within the prescribed\nperiod before the term of the applicant's registration ends; and\n(b) made in the approved form; and\n(c) accompanied by the documents required by the approved\n(d) accompanied by the prescribed fee.\n(3) An applicant may include in an application a request that the Board\nvary or revoke a condition imposed on the applicant's registration.\n\nTeacher Registration (Northern Territory) Act 2004 23\n","sortOrder":41},{"sectionNumber":"38","sectionType":"section","heading":"Board may seek further information","content":"38 Board may seek further information\n(1) To decide whether a renewal of an applicant's registration should\nbe granted, the Board may:\n(a) with the permission of the applicant – request information\nabout the applicant from a referee for the applicant; and\n(2) In addition, the Board may require the applicant to give the Board\nany further information it considers necessary to decide the\n","sortOrder":42},{"sectionNumber":"39","sectionType":"section","heading":"Decision of Board","content":"39 Decision of Board\n(1) Within 90 days of accepting an application for renewal of\nregistration, the Board must either:\n(a) grant a renewal of the applicant's registration; or\n(b) refuse the application.\n(2) If the Board is satisfied of the following matters, it must grant a\nrenewal of registration:\n(a) the applicant continues to be eligible for full registration or\nprovisional registration (as the case may be);\n(b) the applicant has complied with the conditions imposed on the\napplicant's registration;\n(c) for an application to renew provisional registration – the\nregistration has not previously been renewed.\n(3) If the Board grants a renewal of registration to the applicant, the\nrenewed term of registration:\n(a) starts on:\n(i) if the renewal is granted before the end of the applicant's\ncurrent term of registration – the day after the date on\nwhich the current term ends; or\n(ii) if the renewal is granted after the end of the applicant's\nprevious term of registration ends – the date on which\nthe renewal is granted; or\n(iii) another date determined by the Board that is later than\nthe date mentioned in subparagraph (i) or (ii); and\n\nTeacher Registration (Northern Territory) Act 2004 24\n(b) subject to subsection (3A), ends on the date determined by\nthe Board.\n(3A) In determining the date on which the renewed term of the\napplicant's registration ends, the duration of the term must not\nexceed:\n(a) for full registration – either:\n(i) 5 years; or\nprescribed period; or\n(b) for provisional registration – either:\n(i) 2 years; or\nprescribed period.\n(4) If the Board decides to grant a renewal of an applicant's\nregistration, the Board:\n(a) must consider a request for the variation or revocation of a\ncondition, other than the professional development condition,\nimposed on the registration; and\n(b) may vary or revoke a condition, other than the professional\ndevelopment condition, imposed on the registration (whether\nor not there is a request), or impose a condition on the\nregistration, as it considers appropriate.\n","sortOrder":43},{"sectionNumber":"39A","sectionType":"section","heading":"Board may defer consideration of application","content":"39A Board may defer consideration of application\n(1) This section applies if, at the time that the Board receives an\napplication for a renewal of registration:\n(a) an inquiry is being conducted in relation to the applicant; or\n(b) the Board has decided to hold an inquiry in relation to the\napplicant but the inquiry has not yet started.\n(2) The Board may defer consideration of the application until the\nBoard receives a report from the inquiry committee under\nsection 63.\n\nTeacher Registration (Northern Territory) Act 2004 25\n","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Certificate of registration","content":"40 Certificate of registration\n(1) The Director must issue a person with a certificate of registration if:\n(a) the Board grants registration, or a renewal of registration, to\nthe person; or\n(b) any of the details specified in the certificate of registration\nchange.\n(2) A certificate of registration must be in the approved form and\nspecify the following:\n(a) whether the registration is full registration or provisional\nregistration;\n(b) the date the term of the registration starts;\n(c) the date the term of the registration ends;\n(d) each condition imposed on the registration;\n(e) the date to which registration fees have been paid.\n(3) A certificate of registration may be issued in a way decided by the\nDirector (including, for example, electronically).\n","sortOrder":45},{"sectionNumber":"40A","sectionType":"section","heading":"Payment of registration fees","content":"40A Payment of registration fees\n(1) A registered teacher must pay the prescribed registration fees in\naccordance with the regulations.\n(2) If a registered teacher fails to pay a registration fee by the date it is\ndue, the teacher's registration ceases on the day after that date.\n(3) However, the Board may, on application by the teacher, reinstate\nthe teacher's registration if the Board considers it appropriate to do\nso.\nregistered teacher includes a teacher whose registration is\n\nTeacher Registration (Northern Territory) Act 2004 26\n","sortOrder":46},{"sectionNumber":"40B","sectionType":"section","heading":"Changes to conditions of registration","content":"40B Changes to conditions of registration\n(1) The Board may at any time, by written notice to a person, vary or\nrevoke a condition, other than the professional development\ncondition, imposed on, or impose a condition on, the person's\nregistration:\n(a) on the request of the person; or\n(b) on the Board's own initiative.\n(2) If, under subsection (1), the Board receives a request from a person\nto vary or revoke a condition imposed on the person's registration,\nthe Board must decide the request within 90 days of receiving it.\n(3) The Board may give a person's employer written notice of the\nvariation or revocation of a condition imposed on, or the imposition\nof a condition on, the person's registration under subsection (1).\n","sortOrder":47},{"sectionNumber":"40C","sectionType":"section","heading":"Refusal of application","content":"40C Refusal of application\n(1) If the Board refuses an application for registration, or a renewal of\nregistration, the Board must:\n(a) return to the applicant all documents given to the Board by the\napplicant for the application; and\n(c) refund any registration fee that accompanied the application\n(but not a fee for lodging and processing the application); and\n(d) notify each registration authority in Australia and New Zealand\nof the refusal.\n(2) The Board may, on the request of one of the following persons,\nnotify the person as to whether or not the Board has refused an\napplication for registration, or a renewal of registration, made by a\nparticular person:\n(a) a registration authority outside Australia and New Zealand;\n(b) a person considering employing the person as a teacher.\n\nTeacher Registration (Northern Territory) Act 2004 27\n","sortOrder":48},{"sectionNumber":"Part 5","sectionType":"part","heading":"Authorisation to employ unregistered person","content":"Part 5 Authorisation to employ unregistered person\nas teacher\n","sortOrder":49},{"sectionNumber":"41","sectionType":"section","heading":"Employer may apply for authorisation","content":"41 Employer may apply for authorisation\n(1) A person may apply to the Board for authorisation for the person to\nemploy or otherwise engage an unregistered person to work as a\nteacher.\n(2) However, an application may not be made in relation to an\nunregistered person who is, at the time of the application:\n(a) a person who is disqualified from registration, or from teaching\nunder an authorisation, by the Board; or\n(b) a person whose registration is suspended; or\n(c) a person to whom an authorisation relates if the authorisation\nis suspended.\n(3) An application must be:\n(a) made in the approved form and must include the following\ndetails:\n(i) the personal details and criminal history of the\nunregistered person;\n(ii) the name of the unregistered person;\n(iii) the name and address of each school at which the\nunregistered person will teach if authorisation is granted;\n(iv) each subject the unregistered person will teach, and the\nlevel at which the unregistered person will teach the\nsubject, if authorisation is granted; and\n\nTeacher Registration (Northern Territory) Act 2004 28\n","sortOrder":50},{"sectionNumber":"41A","sectionType":"section","heading":"Board may seek further information","content":"41A Board may seek further information\n(1) To decide whether to grant an application for an authorisation, the\nBoard may:\n(a) with the permission of the unregistered person in relation to\nwhom the authorisation is sought – request information about\nthe unregistered person from a referee for the unregistered\n(2) In addition, the Board may require the applicant or the unregistered\nperson to give the Board any further information it considers\nnecessary to decide the application.\n","sortOrder":51},{"sectionNumber":"42","sectionType":"section","heading":"Decision of Board","content":"42 Decision of Board\n(1) After considering an application for an authorisation, the Board\nmust either:\n(a) grant the authorisation; or\n(b) refuse to grant it.\n(2) However, the Board must not grant the authorisation unless it is\nsatisfied the unregistered person:\n(a) is a fit and proper person to teach as decided under\nsection 32; and\n(b) is competent to teach each subject specified in the application\nat the level specified in the application as decided in\naccordance with the Regulations; and\n(c) will be appropriately supervised to ensure necessary learning\noutcomes for students.\n(3) If the authorisation is granted, it is subject to:\n(a) a condition that the authorised person in relation to whom it\nhas been granted comply with the requirements of the\nprofessional development framework; and\n(b) any other conditions that the Board considers appropriate.\n(4) Subject to subsection (5), if the authorisation is granted, the Board\nmust determine the period for which the authorisation of the\nunregistered person is to be in effect.\n\nTeacher Registration (Northern Territory) Act 2004 29\n(5) The period of the authorisation must not exceed:\n(a) 2 years; or\n(b) if another period is prescribed by regulation – the prescribed\nperiod.\n(6) For subsection (5)(b), the regulations may prescribe different\nperiods for different classes of authorised person prescribed by\nregulation.\n","sortOrder":52},{"sectionNumber":"43","sectionType":"section","heading":"Notice of decision","content":"43 Notice of decision\n(1) If the Board grants the authorisation, the Board must give the\napplicant and the unregistered person written notice of the decision,\nspecifying the following:\n(a) the period for which the authorisation is in effect;\n(b) each school at which the unregistered person is authorised to\nteach;\n(c) each subject the unregistered person is authorised to teach,\nand the level at which the unregistered person is authorised to\nteach the subject;\n(d) any conditions imposed on the authorisation.\n(2) If the Board refuses to grant the authorisation, the Board must:\n(a) give the applicant written notice of the Board's decision; and\n(b) return to the applicant all documents given to the Board by the\napplicant for the application.\n","sortOrder":53},{"sectionNumber":"44","sectionType":"section","heading":"Reconsideration of refusal to grant","content":"44 Reconsideration of refusal to grant\n(1) If the Board refuses to grant the authorisation, the applicant may\nrequest that the Board reconsider the matter.\n(2) If the Board agrees to reconsider the matter, the Board may request\nadditional information from the applicant, or the unregistered person\nin relation to whom the authorisation is sought, as it sees fit.\n(3) However, neither the applicant nor the unregistered person may\napply to NTCAT for a review of a refusal by the Board to grant the\n\nTeacher Registration (Northern Territory) Act 2004 30\n","sortOrder":54},{"sectionNumber":"45","sectionType":"section","heading":"No renewal of authorisation","content":"45 No renewal of authorisation\nAn authorisation granted under section 42 for an unregistered\nperson cannot be renewed at the end of the period for which it is\nspecified to be in effect, and a new application must be made under\nsection 41 for an authorisation in respect of that unregistered\nperson, if required, for any subsequent period.\n","sortOrder":55},{"sectionNumber":"45A","sectionType":"section","heading":"Changes to conditions of authorisation","content":"45A Changes to conditions of authorisation\n(1) The Board may at any time, by written notice to an employer who\nhas been granted an authorisation, vary or revoke a condition, other\nthan the professional development condition, imposed on, or\nimpose a condition on, the authorisation:\n(a) on the request of the employer; or\n(b) on the Board's own initiative.\n(2) The Board may also give a copy of the written notice to the\nauthorised person in relation to whom the authorisation has been\ngranted.\n","sortOrder":56},{"sectionNumber":"46","sectionType":"section","heading":"Notification of change of details","content":"46 Notification of change of details\n(1) An employer who has been granted an authorisation that is in effect\nmust, without undue delay, notify the Board if:\n(a) the person in relation to whom the authorisation has been\ngranted resigns or otherwise ceases working for the employer,\nin circumstances other than those mentioned in\nsection 67A(1)(b); or\n(b) there is any change to the employment details or teaching\narrangements in relation to the person that were provided in\nthe application for authorisation.\nNote for subsection (1)(a)\nIf the person in relation to whom the authorisation has been granted resigns or\notherwise ceases working for the employer in circumstances that call into\nquestion the person's competence or fitness to teach, the employer is required to\ngive the Board notice under section 67A.\n(2) A person in relation to whom an authorisation has been granted\nmust, without undue delay, notify the Board of any change of his or\nher personal details that were provided in relation to the\n\nTeacher Registration (Northern Territory) Act 2004 31\n(2A) An offence against subsection (1) or (2) is an offence of strict\nliability.\n(2B) It is a defence to a prosecution for an offence against\nsubsection (1) or (2) if the defendant has a reasonable excuse.\n(3) In this section:\nemployment details means the school (or schools) at which the\nperson is to teach, whether the person is to teach full-time or\npart-time and similar matters.\nteaching arrangements includes the subjects the person is to\nteach, the level at which the person is to teach, and similar matters.\n","sortOrder":57},{"sectionNumber":"46A","sectionType":"section","heading":"Surrender of authorisation","content":"46A Surrender of authorisation\nAn employer who has been granted an authorisation, or the person\nin relation to whom it has been granted may, by written notice to the\nBoard, surrender the authorisation.\n","sortOrder":58},{"sectionNumber":"47","sectionType":"section","heading":"Board to maintain records of authorisations granted etc.","content":"47 Board to maintain records of authorisations granted etc.\n(1) The Board must keep records of all authorisations granted,\nsuspended, surrendered or cancelled.\n(2) The Board may, on request, provide information to other\nregistration authorities, or to a prospective employer, in relation to\nauthorisations granted, suspended, surrendered or cancelled.\n","sortOrder":59},{"sectionNumber":"49","sectionType":"section","heading":"Complaint about teacher or authorised person","content":"49 Complaint about teacher or authorised person\n(1) A person may, in writing, complain to the Board about the\nprofessional conduct of a teacher or authorised person.\n(2) The Board may dismiss the complaint without taking further action if\nthe Board considers that:\n(a) the complaint is frivolous or vexatious; or\n(b) the complaint does not relate to the professional conduct of\nthe teacher or authorised person; or\n(c) it would be more appropriate for the complaint to be dealt with\nby another person.\n\nTeacher Registration (Northern Territory) Act 2004 32\n(3) The Board may do anything to inform itself in order to decide\nwhether or not the complaint is frivolous or vexatious or relates to\nthe professional conduct of the teacher or authorised person, or\nwhether it would be more appropriate for the complaint to be dealt\nwith by another person.\n(4) If the Board dismisses the complaint under subsection (2), the\nBoard must give the teacher or authorised person notice of the\ncomplaint, including:\n(a) the details of the complaint; and\n(b) the Board's decision to dismiss the complaint.\n(4A) In addition, if the complainant's identity is known, the Board must\ngive the complainant notice that the Board has dismissed the\ncomplaint.\n(5) If the Board does not dismiss the complaint, the Board must give\nthe employer of the teacher or authorised person notice of the\ncomplaint, including:\n(a) the details of the complaint; and\n(b) the Board's decision not to dismiss the complaint.\nNote for subsection (5)\nIf the Board does not dismiss the complaint, under section 50(3) the Board must\nhold a preliminary investigation or inquiry and make a decision under section 58\nor 64 (as appropriate).\n(6) Despite subsection (5), the Board is only required to give notice to\nthe employer if the employer is identifiable from the details of the\ncomplaint, or otherwise known to the Board.\n","sortOrder":60},{"sectionNumber":"Div 2","sectionType":"division","heading":"Board's functions and powers in relation to","content":"Division 2 Board's functions and powers in relation to\npreliminary investigations and inquiries\n","sortOrder":61},{"sectionNumber":"50","sectionType":"section","heading":"Basis for holding preliminary investigation or inquiry","content":"50 Basis for holding preliminary investigation or inquiry\n(1) This section applies subject to section 51.\n(2) The Board must hold an inquiry in relation to a teacher or\nauthorised person if:\n(a) the Board becomes aware that the teacher or authorised\nperson has been found guilty of a notifiable offence other than\na sexual offence; or\n\nTeacher Registration (Northern Territory) Act 2004 33\n(b) the Board becomes aware that the teaching qualifications of\nthe teacher or authorised person have been withdrawn; or\n(c) the Board becomes aware that a registration authority has\nsuspended or cancelled the teacher's registration as a teacher\ndue to misconduct or incompetence, or has disqualified the\nteacher from registration as a teacher; or\n(d) the Board reasonably believes the teacher was registered on\nthe basis of false or misleading information.\n(3) The Board must hold a preliminary investigation or inquiry in\nrelation to a teacher or authorised person if:\n(aa) the Board becomes aware that the teacher or authorised\nperson has been charged with a sexual offence; or\n(a) the Board receives a complaint about the professional conduct\nof the teacher or authorised person under section 49 and does\nnot dismiss the complaint; or\n(b) the Board otherwise becomes aware of a matter that, in the\nBoard's opinion, calls into question whether:\n(i) the teacher is eligible for registration in accordance with\nsection 30 or 31; or\n(ii) the authorised person is a fit and proper person to teach,\nor competent to teach, in accordance with section 42.\n(4) The Board may hold a preliminary investigation or inquiry in relation\nto a teacher or authorised person if:\n(a) the Board is notified under section 67A of an event in relation\nto the teacher or authorised person; or\n(b) the Board becomes aware that the teacher or authorised\nperson has been charged with a notifiable offence that is not a\nsexual offence; or\n(c) the Board is notified in accordance with section 66A or under\nsection 66D(2) or 66E(2) of a matter in relation to the teacher\nor authorised person (other than a matter mentioned in\nsubsection (2) or (3)); or\n(d) the Board is notified by a registration authority of a matter in\nrelation to the teacher or authorised person that the Board\nconsiders justifies holding a preliminary investigation or inquiry\n(other than a matter mentioned in subsection (2)(c)); or\n\nTeacher Registration (Northern Territory) Act 2004 34\n(e) the Board reasonably believes the teacher has failed to\ncomply with a condition imposed on the teacher's registration,\nor the authorised person has failed to comply with a condition\nimposed on the authorisation relating to the authorised\nperson; or\n(f) the Board reasonably believes the teacher or authorised\nperson has failed to comply with a requirement under\nDivision 4B.\n","sortOrder":62},{"sectionNumber":"51","sectionType":"section","heading":"Inquiry may only be held if in public interest","content":"51 Inquiry may only be held if in public interest\nThe Board may hold an inquiry only if the Board is satisfied on\nreasonable grounds it is in the public interest to do so.\n","sortOrder":63},{"sectionNumber":"52","sectionType":"section","heading":"Exercise of Board's power to hold inquiry","content":"52 Exercise of Board's power to hold inquiry\n(1) The Board may hold an inquiry in relation to a teacher or authorised\nperson without first holding a preliminary investigation for the same\nmatter.\n(2) If the Board decides to hold a preliminary investigation, at any stage\nbefore the investigation is completed, the Board may decide to hold\nan inquiry:\n(a) on the request of the teacher or authorised person to whom\nthe investigation relates; or\n(b) on the recommendation of the investigator conducting the\ninvestigation.\nNote for section 52\nUnder section 58(2), the Board may also decide to hold an inquiry after a\npreliminary investigation.\n","sortOrder":64},{"sectionNumber":"53","sectionType":"section","heading":"Board may suspend or impose or vary conditions","content":"53 Board may suspend or impose or vary conditions\n(1) After deciding to hold an inquiry in relation to a teacher or\nauthorised person, the Board may, if the Board considers it\nnecessary to do so, decide to:\n(a) suspend the registration of the teacher, or the authorisation\nrelating to the authorised person; or\n(b) impose a condition on, or vary a condition imposed on, the\nauthorised person.\n\nTeacher Registration (Northern Territory) Act 2004 35\n(2) The decision has effect until the earlier of the following:\n(a) the Board revokes the decision either on the request of the\nteacher or authorised person or on the Board's own initiative;\n(b) the Board makes a decision under section 64 in relation to the\nteacher or authorised person.\n","sortOrder":65},{"sectionNumber":"54","sectionType":"section","heading":"Purpose of preliminary investigation","content":"54 Purpose of preliminary investigation\nThe purpose of a preliminary investigation in relation to a teacher or\nauthorised person is to assist the Board to decide whether or not\nthe Board should do any of the following:\n(a) take further action under this Act in relation to the teacher or\nauthorised person without first holding an inquiry;\n(b) hold an inquiry in relation to the teacher or authorised person.\nNote for section 54\nSection 58(3) limits the actions the Board can take without first holding an inquiry.\n","sortOrder":66},{"sectionNumber":"55","sectionType":"section","heading":"Investigation panel","content":"55 Investigation panel\n(1) If the Board decides to hold a preliminary investigation, the Board\nmust appoint one of the following (the investigator) to conduct the\ninvestigation:\n(a) the Director;\n(ab) another person whom the Board is satisfied:\n(i) is qualified for appointment because the person has the\nnecessary expertise or experience; and\n(ii) is otherwise appropriate to be appointed;\n(b) an investigation panel.\n(2) An investigation panel must be comprised of:\n(a) 2 or 3 Board members; or\n(b) the Director and one or 2 Board members.\n\nTeacher Registration (Northern Territory) Act 2004 36\n","sortOrder":67},{"sectionNumber":"56","sectionType":"section","heading":"Notice of preliminary investigation","content":"56 Notice of preliminary investigation\n(1) Following the appointment of an investigator, the Board must give\nwritten notice of the preliminary investigation to the teacher or\nauthorised person to whom the investigation relates.\n(2) The notice must include the following information:\n(a) details of the basis of the preliminary investigation as\nmentioned in section 50;\n(b) the name of the investigator or the names of the members of\nthe investigation panel, as the case requires;\n(c) a statement that the teacher or authorised person may, within\n14 days after receiving the notice, give the investigator a\nwritten statement about the basis of the investigation.\n","sortOrder":68},{"sectionNumber":"57","sectionType":"section","heading":"Procedure of preliminary investigation","content":"57 Procedure of preliminary investigation\n(1) Except as provided by subsections (2) to (5), the investigator may\ndecide the procedure of the preliminary investigation.\n(1A) In addition, if criminal proceedings have been or are likely to be\nstarted in relation to the same matter, the investigator may suspend\nthe preliminary investigation until the outcome of the criminal\nproceedings is known.\n(2) The investigator is not bound by the rules of evidence, and may\ninform itself as it thinks fit.\n(3) The investigator must observe the principles of procedural fairness.\n(4) The investigator may, by written notice, require a person (including\nthe teacher or authorised person to whom the preliminary\ninvestigation relates) to:\n(a) appear before the investigator; or\n(b) give the investigator:\n(i) particular information or a particular document or other\nthing that is in the possession, or under the control, of\nthe person and relevant to the investigation; or\n(ii) all information, documents and other things that are in\nthe possession, or under the control, of the person and\nrelevant to the investigation.\n\nTeacher Registration (Northern Territory) Act 2004 37\n(5) A notice under subsection (4) must include the following\n(a) details of the basis of the preliminary investigation as\nmentioned in section 50;\n(b) the name of the investigator or the names of the members of\nthe investigation panel, as the case requires;\n(c) a direction that the person must:\n(i) appear before the investigator at a specified date and\ntime, either in person or by another specified means; or\n(ii) give the specified information, document or other thing to\nthe investigator within a specified time.\n(6) A person given a notice under subsection (4) must comply with a\ndirection in the notice.\n(7) An offence against subsection (6) is an offence of strict liability.\n(8) It is a defence to a prosecution for an offence against\nsubsection (6) if the defendant has a reasonable excuse.\n","sortOrder":69},{"sectionNumber":"58","sectionType":"section","heading":"Result of preliminary investigation","content":"58 Result of preliminary investigation\n(1) After completing the preliminary investigation, the investigator must\nrecommend to the Board, in writing and with reasons:\n(a) that the Board take no further action in relation to the teacher\nor authorised person; or\n(b) that the Board take specified further action under this Act in\nrelation to the teacher or authorised person without first\nholding an inquiry; or\n(c) that an inquiry be held in relation to the matter.\n(2) After receiving the recommendation, the Board must decide to:\n(a) if one of the following circumstances exist – take no further\naction in relation to the teacher or authorised person:\n(i) the person's registration has lapsed;\n(ii) the person has, under section 26A(1)(b), requested that\ntheir name be removed from the register;\n\nTeacher Registration (Northern Territory) Act 2004 38\n(iii) the person has, under section 46A, surrendered their\nauthorisation;\n(iv) the Board is satisfied the person continues to be eligible\nfor registration or authorisation; or\n(b) subject to subsections (3) and (4), take specified further action\nunder this Act in relation to the teacher or authorised person\nwithout first holding an inquiry; or\n(c) hold an inquiry in relation to the matter.\n(3) The Board cannot decide to take either of the following actions\nwithout first holding an inquiry:\n(a) cancel the registration of the teacher or the authorisation\nrelating to the authorised person;\n(b) disqualify the teacher from registration, or the authorised\nperson from teaching under an authorisation, for a specified\nperiod.\n(4) Also, the Board must not suspend the registration of the teacher, or\nauthorisation relating to the authorised person, except to ensure the\nteacher or authorised person meets a requirement before the\nteacher or authorised person can teach again.\n(5) The Board is not bound by the recommendation of the investigator,\nbut must take it into account in making a decision under\nsubsection (2).\n(6) If an investigation panel conducted the preliminary investigation, a\nBoard member who was a member of the investigation panel must\nnot:\n(a) be present during any deliberations of the Board in relation to\nthe investigation; and\n(b) take part in a decision under subsection (2).\n\nTeacher Registration (Northern Territory) Act 2004 39\n","sortOrder":70},{"sectionNumber":"59","sectionType":"section","heading":"Purpose of inquiry","content":"59 Purpose of inquiry\nThe purpose of an inquiry in relation to a teacher or authorised\nperson is to assist the Board to decide whether or not the Board\nshould do any of the following:\n(a) impose a condition on, or vary a condition imposed on, the\nauthorised person;\n(b) suspend the registration of the teacher, or authorisation\nrelating to the authorised person, for a specified period;\n(c) cancel the registration of the teacher or authorisation relating\nto the authorised person;\n(d) disqualify the teacher from registration, or authorised person\nfrom teaching under an authorisation, for a specified period.\n","sortOrder":71},{"sectionNumber":"60","sectionType":"section","heading":"Inquiry committee","content":"60 Inquiry committee\n(1) If the Board decides to hold an inquiry, the Board must appoint an\ninquiry committee to conduct the inquiry.\n(2) The inquiry committee must be comprised of:\n(a) a chairperson who is a legal practitioner who has practised as\na legal practitioner in Australia for at least 5 years; and\n(b) 2 Board members; and\n(c) if the Board considers it necessary to appoint a person with\nparticular expertise or experience relevant to the subject\nmatter of the inquiry – another person whom the Board is\nsatisfied:\n(i) is qualified for appointment because the person has that\nexpertise or experience; and\n(ii) is otherwise appropriate to be appointed.\n(3) The members of the inquiry committee must not be persons who\nhave been appointed to an investigation panel for a preliminary\ninvestigation in relation to the same matter.\n(4) If practicable, one (but not both) of the Board members appointed\nto the inquiry committee must be a Board member appointed under\nsection 7(1)(b) or (f).\n\nTeacher Registration (Northern Territory) Act 2004 40\n(5) If a Board member is a member of an inquiry committee and his or\nher term of office as a Board member expires:\n(a) the Board member remains a member of the inquiry\ncommittee until the completion of the inquiry; and\n(b) a recommendation or decision of the inquiry committee is not\naffected by the expiry.\n","sortOrder":72},{"sectionNumber":"61","sectionType":"section","heading":"Notice of inquiry to teacher or authorised person","content":"61 Notice of inquiry to teacher or authorised person\n(1) Following the appointment of an inquiry committee, the Board must\ngive written notice of the inquiry to the teacher or authorised person\nto whom the inquiry relates.\n(2) The notice must include the following information:\n(a) details of the basis of the inquiry as mentioned in section 50;\n(b) the date, time and place of the inquiry (if known);\n(c) the names of the members of the inquiry committee;\n(d) a statement that the teacher or authorised person may, within\n14 days after receiving the notice, give the inquiry committee a\nwritten statement about the basis of the inquiry.\n","sortOrder":73},{"sectionNumber":"61A","sectionType":"section","heading":"Notice of inquiry to others","content":"61A Notice of inquiry to others\n(1) After giving notice under section 61, the Board must give written\nnotice of the inquiry to:\n(a) each registration authority in Australia and New Zealand; and\n(b) if it appears to the Board from the subject matter of the inquiry\nthat the teacher or authorised person may not be suitable to\nwork with children or other vulnerable people:\n(i) the Screening Authority; and\n(ii) any other prescribed person or body.\n(2) A notice given under subsection (1) must include the following\n(a) the name of the teacher or authorised person;\n(b) details of the basis of the inquiry as mentioned in section 50;\n(c) the date, time and place of the inquiry (if known).\n\nTeacher Registration (Northern Territory) Act 2004 41\n","sortOrder":74},{"sectionNumber":"62","sectionType":"section","heading":"Inquiry proceedings","content":"62 Inquiry proceedings\n(1) Except as provided by subsections (2) to (9), the inquiry committee\nmay decide the procedure of the inquiry.\n(2) The teacher or authorised person to whom the inquiry relates may\nbe represented by a person (who may be a legal practitioner) at the\ninquiry.\n(3) The proceedings of the inquiry must be conducted with as little\nformality and technicality, and as quickly, as a proper consideration\nof the subject matter allows.\n(4) However, if criminal proceedings have been or are likely to be\nstarted in relation to the same matter, the inquiry committee may\nsuspend the inquiry until the outcome of the criminal proceedings is\nknown.\n(5) The inquiry committee is not bound by the rules of evidence, and\nmay inform itself as it thinks fit.\n(6) The inquiry committee must observe the rules of procedural\nfairness.\n(7) Unless the inquiry committee decides otherwise, the inquiry is open\nto the public.\n(8) The inquiry committee may, by written notice, require a person\n(including the teacher or authorised person to whom the inquiry\nrelates) to:\n(a) appear before the inquiry committee; or\n(b) give the inquiry committee:\n(i) particular information or a particular document or other\nthing that is in the possession, or under the control, of\nthe person and relevant to the inquiry; or\n(ii) all information, documents and other things that are in\nthe possession, or under the control, of the person and\nrelevant to the inquiry.\n(9) A notice under subsection (8) must include the following\n(a) details of the basis of the inquiry as mentioned in section 50;\n(b) the date, time and place of the inquiry;\n\nTeacher Registration (Northern Territory) Act 2004 42\n(c) the names of the members of the inquiry committee;\n(d) a direction that the person must:\n(i) appear before the inquiry committee, either in person or\nby another specified means; or\n(ii) give the inquiry committee the specified information,\ndocument or other thing within a specified time.\n(10) A person given a notice under subsection (8) must comply with a\ndirection in the notice.\n(11) An offence against subsection (10) is an offence of strict liability.\n(12) It is a defence to a prosecution for an offence against\nsubsection (10) if the defendant has a reasonable excuse.\n","sortOrder":75},{"sectionNumber":"63","sectionType":"section","heading":"Report of inquiry","content":"63 Report of inquiry\nThe inquiry committee must, in writing, report its findings and\nrecommendations to the Board as soon as practicable after\ncompleting the inquiry.\n","sortOrder":76},{"sectionNumber":"64","sectionType":"section","heading":"Decision of Board","content":"64 Decision of Board\n(1) After receiving the report of the inquiry committee, the Board must\ndecide to do one or more of the following:\n(a) impose a condition on, or vary a condition, other than the\nprofessional development condition, imposed on, the\nauthorised person;\n(b) suspend the registration of the teacher, or authorisation\nrelating to the authorised person, for a specified period;\n(c) cancel the registration of the teacher or authorisation relating\nto the authorised person;\n(d) disqualify the teacher from registration, or authorised person\nfrom teaching under an authorisation, for a specified period;\n(e) take no further action in relation to the teacher or authorised\n\nDivision 4AA Cancellation of registration or authorisation without inquiry\nTeacher Registration (Northern Territory) Act 2004 43\n(2) However, the Board must not suspend the registration of the\nteacher, or authorisation relating to the authorised person, except to\nensure the teacher or authorised person meets a requirement\nbefore the teacher or authorised person can teach again.\n(3) Also, the Board may take an action mentioned in subsection (1)(c)\nor (d) in relation to a teacher or authorised person only if satisfied:\n(a) the teacher is not eligible for registration in accordance with\nsection 30 or 31; or\n(b) the authorised person is not a fit and proper person to teach,\nor not competent to teach, in accordance with section 42.\n(4) The Board is not bound by the findings and recommendations of\nthe inquiry committee, but must take the findings and\nrecommendations into consideration in making a decision under\nsubsection (1).\n(5) A Board member who was a member of the inquiry committee, or\nan investigation panel for a preliminary investigation in relation to\nthe same matter, must not:\n(a) be present during any deliberations of the Board in relation to\nthe inquiry; or\n(b) take part in a decision under subsection (1).\n","sortOrder":77},{"sectionNumber":"65","sectionType":"section","heading":"Board may give notice of decision to certain persons if","content":"65 Board may give notice of decision to certain persons if\nappropriate\nAfter making a decision under section 64, if satisfied on reasonable\ngrounds that it is appropriate to do so, the Board may notify a\nperson or body with a legitimate interest in the decision of:\n(a) the decision; and\n(b) the reasons for the decision.\nNote for section 65\nThe Board may also be required under section 67 to give notice of a decision\nmade under section 64.\nDivision 4AA Cancellation of registration or authorisation\nwithout inquiry\nNote for Division 4AA\nSee also Division 5 Sexual offences.\n\nTeacher Registration (Northern Territory) Act 2004 44\n","sortOrder":78},{"sectionNumber":"65A","sectionType":"section","heading":"Cancellation if clearance notice not in force","content":"65A Cancellation if clearance notice not in force\n(1) This section applies if a teacher or authorised person ceases to\nhold a clearance notice that is in force.\nNote for subsection (1)\nThis situation could arise if the person's clearance notice is revoked or if the\nperson's clearance notice expires and a new clearance notice has not been\nissued to the person.\n(2) The Board may cancel the registration of the teacher, or the\nauthorisation relating to the authorised person, without holding an\ninquiry.\n(3) The Board may only do so after giving the teacher or authorised\nperson notice that the Board considers reasonable in the\ncircumstances, and considering any response the teacher or\nauthorised person makes in the notice period.\n(4) However if, after the cancellation, a clearance notice comes into\nforce in relation to the teacher or authorised person, the Board may\nreinstate the teacher's registration or the authorisation relating to\nthe person.\n","sortOrder":79},{"sectionNumber":"66","sectionType":"section","heading":"Board may request information from teacher","content":"66 Board may request information from teacher\n(1) The Board may, by written notice, require a registered teacher, or a\nteacher whose registration is suspended, to give the Board\nspecified information that is required by the Board to assess\nwhether the teacher:\n(a) continues to be eligible for registration; or\n(b) is complying with a condition imposed on the teacher's\nregistration.\n(2) If the teacher fails to comply with the request within 28 days after\nreceiving the notice, the Board may cancel the teacher's\nregistration.\n","sortOrder":80},{"sectionNumber":"66A","sectionType":"section","heading":"Board may request information from Screening Authority","content":"66A Board may request information from Screening Authority\nThe Board may request the Screening Authority to advise the Board\nif:\n(a) the Authority revokes a person's clearance notice under\nsection 192(1)(b) of the Care and Protection of Children\nAct 2007; and\n\nTeacher Registration (Northern Territory) Act 2004 45\n(b) the Authority has reason to believe that the person is, or was,\na teacher or an authorised person.\n","sortOrder":81},{"sectionNumber":"66B","sectionType":"section","heading":"Board may request information from employer or authorised","content":"66B Board may request information from employer or authorised\nperson\n(1) The Board may, by written notice, require an employer who has\nbeen granted an authorisation that is in effect, or the authorised\nperson to whom it relates, to give the Board specified information\nthat is required by the Board to assess whether:\n(a) the authorised person continues to be a fit and proper person\nto teach, and competent to teach, in accordance with\nsection 42; or\n(b) a condition imposed on the authorisation is being complied\nwith.\n(2) Subsection (1) applies whether or not the authorisation is\n(3) If the employer or authorised person fails to comply with the request\nwithin 28 days after receiving the notice, the Board may cancel the\n","sortOrder":82},{"sectionNumber":"66C","sectionType":"section","heading":"Board to share information with police","content":"66C Board to share information with police\n(1) This section applies if:\n(a) the Board receives information about a teacher or authorised\n(b) it appears to the Board that the information should be\ninvestigated by police.\n(2) The Board must, without delay:\n(a) share the information with the Commissioner of Police; and\n(b) if the person is still employed in a teaching role – inform the\nperson's employer of the person's name and the fact that\ninformation about the person has been shared with the\nCommissioner of Police under this section.\n","sortOrder":83},{"sectionNumber":"66D","sectionType":"section","heading":"Police to share information with Board","content":"66D Police to share information with Board\n(1) This section applies if the Commissioner of Police:\n(a) receives information about a person; and\n\nTeacher Registration (Northern Territory) Act 2004 46\n(b) reasonably believes that the person is a teacher or authorised\n(c) considers that the Board would be required or permitted under\nsection 50 to hold a preliminary investigation or inquiry if it\nreceived the information; and\n(d) is not required to give notice to the Board under section 66E.\n(2) The Commissioner of Police must share the information with the\nBoard and inform the Board of the person's name and, if known, the\nperson's place of employment.\n(3) However, the Commissioner of Police is not required to share\ninformation that the Commissioner considers:\n(a) may prejudice or otherwise hinder an investigation to which\nthe information may be relevant; or\n(b) may lead to the identification of an informant; or\n(c) may affect the safety of a police officer or another person.\n","sortOrder":84},{"sectionNumber":"66E","sectionType":"section","heading":"Prosecuting authority to share information with Board","content":"66E Prosecuting authority to share information with Board\n(1) This section applies if a prosecuting authority:\n(a) becomes aware that a person is subject to criminal\nproceedings in relation to a sexual offence or another\nnotifiable offence; and\n(b) reasonably believes that the person is a teacher or authorised\n(2) The prosecuting authority must, as soon as practicable after\nbecoming aware of the matter, share that information with the\nBoard, by giving notice of the following:\n(a) the name of the person;\n(b) the offence and particulars of the offence;\n(c) the court that the matter will be heard in and the date that the\nmatter will be heard.\n(3) In addition, the prosecuting authority must, as soon as practicable\nafter the prosecution for the offence ends, give the Board notice of\nthe following:\n(a) the name of the person;\n\nTeacher Registration (Northern Territory) Act 2004 47\n(b) the offence and particulars of the offence;\n(c) the date the prosecution ended;\n(d) the way in which the prosecution ended;\n(e) if the matter was heard in court:\n(i) the court in which it was heard; and\n(ii) details of any finding the court made; and\n(iii) details of any penalty the person received.\nExamples for subsection (3)(d)\nThe prosecution was discontinued, there was a mistrial or the person was\nacquitted.\nprosecuting authority means the following:\n(a) the Director, as defined in section 3 of the Director of Public\nProsecutions Act 1990;\n(b) the Commissioner of Police.\nsubject to criminal proceedings, in relation to a person and an\noffence, means:\n(a) that the person is charged with the offence; and\n(b) either:\n(i) an indictment is presented for the charge in the Supreme\nCourt; or\n(ii) a date and time has been set for a preliminary\nexamination to determine whether there is sufficient\nevidence to commit the person for a hearing of the\ncharge; or\n(iii) the person pleads guilty to the offence before the\nhearing of the charge; or\n(iv) a date and time has been set for the hearing of the\ncharge.\n\nTeacher Registration (Northern Territory) Act 2004 48\n","sortOrder":85},{"sectionNumber":"66F","sectionType":"section","heading":"Board may share information with corresponding registration","content":"66F Board may share information with corresponding registration\nauthorities\n(1) The Board may share information recorded in the register in relation\nto a teacher with a registration authority in another jurisdiction for\nthe purpose of assisting the registration authority with the regulation\nof teachers in that registration authority's jurisdiction.\n(2) To avoid doubt, the Board may share the information mentioned in\nsubsection (1) even if the information is not made available to the\npublic under section 29.\n(3) Subsection (1) does not affect any requirement imposed, or other\npower conferred on, the Board under a law of the Territory or the\nCommonwealth to provide the information mentioned in that\nsubsection.\n","sortOrder":86},{"sectionNumber":"66G","sectionType":"section","heading":"Board may share information to prevent harm","content":"66G Board may share information to prevent harm\nThe Board may share information obtained by the Board about a\nteacher or an authorised person with a registration authority or\nregulatory authority if the Board reasonably believes that sharing\nthe information with the registration authority or regulatory authority\ncould:\n(a) prevent the teacher or authorised person from causing harm\nto a child; or\n(b) mitigate a substantial risk that the teacher or authorised\nperson may cause harm to a child.\n","sortOrder":87},{"sectionNumber":"67","sectionType":"section","heading":"Board notification to authorised person, employer and","content":"67 Board notification to authorised person, employer and\nregistration authorities\n(1) The Board must notify the employer of a teacher, and may notify a\nformer employer of a teacher, if the Board:\n(a) imposes a condition on, or varies a condition imposed on, the\nregistration of the teacher under this Part; or\n(b) suspends or cancels the registration of the teacher; or\n(c) disqualifies the teacher from registration.\n(2) The Board must notify an authorised person if the Board:\n(a) imposes a condition on, or varies a condition imposed on, the\nauthorisation relating to the authorised person; or\n\nTeacher Registration (Northern Territory) Act 2004 49\n(b) suspends or cancels the authorisation relating to the\nauthorised person; or\n(c) disqualifies the authorised person from teaching under an\nauthorisation for a specified period.\n(3) The Board must also notify the employer of the authorised person,\nand may notify a former employer of the authorised person, if the\nBoard takes an action mentioned in subsection (2).\n(4) The Board must notify each registration authority in Australia and\nNew Zealand if the Board:\n(a) suspends or cancels the registration of a teacher, or an\nauthorisation relating to an authorised person; or\n(b) disqualifies a teacher from registration, or authorised person\nfrom teaching under an authorisation, for a specified period.\n(5) The Board may also notify:\n(a) a registration authority outside Australia and New Zealand as\nto whether or not the Board has taken any of the following\nactions in relation to a particular person:\n(i) suspended or cancelled the person's registration, or an\nauthorisation relating to the person;\n(ii) disqualified the person from registration, or from\nteaching under an authorisation, for a specified period;\nand\n(b) a registration authority as to whether or not the Board has\nimposed a condition on the registration of, or the authorisation\nrelating to, a particular person.\n(6) A notice about an action of the Board under this section must\ninclude details of the action as the Board considers appropriate and\nbe given as soon as practicable.\n(7) The Board must give notice to each person notified of an action of\nthe Board under this section if the Board cancels or changes the\naction.\n\nTeacher Registration (Northern Territory) Act 2004 50\n","sortOrder":88},{"sectionNumber":"67A","sectionType":"section","heading":"Employer notification to Board","content":"67A Employer notification to Board\n(1) A person (the employer) who is or has been an employer of a\nrelevant person must give the Board written notice if any of the\n(a) the employer dismisses the relevant person;\n(b) the relevant person resigns, or otherwise ceases working for\nthe employer, in circumstances that call into question the\nrelevant person's competence or fitness to teach;\n(c) the employer starts assessing, or requests another person to\nstart assessing, the relevant person in relation to serious\nmisconduct or fitness to teach, of the relevant person;\n(d) an assessment under paragraph (c) ends;\n(e) an assessment of the relevant person's competence to teach\nends with that competence called into question.\n(a) be given within 28 days after the occurrence of the event; and\n(b) specify full details of the event and the circumstances\ninvolved.\nassessing, a relevant person, means assessing, examining,\ninvestigating, inquiring into or otherwise dealing with the conduct of\nthe relevant person.\n","sortOrder":89},{"sectionNumber":"67B","sectionType":"section","heading":"Relevant person to notify Board of legal action","content":"67B Relevant person to notify Board of legal action\n(1) A relevant person must give the Board written notice if any of the\n(a) the person is charged with a sexual offence or another\nnotifiable offence;\n(b) the person is found guilty of a sexual offence or another\nnotifiable offence;\n\nTeacher Registration (Northern Territory) Act 2004 51\n(c) the person, or a person who is or was an employer of the\nperson, is ordered to pay damages or compensation as a\nresult of civil proceedings arising out of the person's teaching\npractice, or arising from events that occurred while the person\nwas engaged in teaching.\n(a) be given within 14 days after the occurrence of the event; and\n(b) if subsection (1)(a) applies – include a statement that the\nperson has been charged and the offence with which the\nperson has been charged; and\n(c) if subsection (1)(b) or (c) applies – specify full details of the\nevent and the circumstances involved.\nfull details includes the following:\n(a) the offence of which the person was found guilty;\n(b) agreed facts taken into account in sentencing for an offence;\n(c) facts found (or agreed) that led to the order for damages or\ncompensation.\n","sortOrder":90},{"sectionNumber":"67C","sectionType":"section","heading":"Relevant person to notify Board of decision of registration","content":"67C Relevant person to notify Board of decision of registration\nauthority\n(1) A relevant person must give the Board written notice if a registration\nauthority decides to:\n(a) impose a condition on a teaching approval granted to, or in\nrelation to, the person; or\n(b) suspend or cancel a teaching approval granted to, or in\nrelation to, the person; or\n(c) disqualify the person from holding, or teaching under, a\nteaching approval; or\n\nTeacher Registration (Northern Territory) Act 2004 52\n(d) refuse to grant a teaching approval to, or in relation to, the\n(2) The notice must be given within 14 days after the person is notified\nof the registration authority's decision.\nteaching approval means registration as a teacher, or an\nauthorisation to employ a person as a teacher, however described.\n","sortOrder":91},{"sectionNumber":"67D","sectionType":"section","heading":"Relevant person to notify Board of other events","content":"67D Relevant person to notify Board of other events\n(1) A relevant person must give the Board written notice if any of the\n(a) the person's teaching qualifications are withdrawn;\n(b) the person ceases to hold a clearance notice that is in force;\n(c) a prescribed event.\n(a) be given within 14 days after the occurrence of the event; and\n(b) specify full details of the event and the circumstances\ninvolved.\n","sortOrder":92},{"sectionNumber":"69","sectionType":"section","heading":"Cancellation of registration or authorisation without inquiry","content":"69 Cancellation of registration or authorisation without inquiry\n(1) A teacher who is registered under this Act, or whose registration is\nsuspended, ceases to be registered on being found guilty of a\nsexual offence.\n\nTeacher Registration (Northern Territory) Act 2004 53\n(2) An authorisation in relation to a person is cancelled on the person\nbeing found guilty of a sexual offence.\n(3) Subsection (1) or (2) takes effect on the date of the finding of guilt\nand the lodging of an appeal against the finding does not affect the\noperation of the subsection.\n(4) The Board, on becoming aware that a teacher has been found\nguilty of a sexual offence, must note in the register that the\nteacher's registration is cancelled and must notify the teacher, the\nemployer (if known) and other registration authorities in Australia\nand New Zealand accordingly.\n(5) The Board, on becoming aware that a person in relation to whom\nan authorisation was in effect has been found guilty of a sexual\noffence, must notify the person, the employer to whom the\nauthorisation was granted and other registration authorities in\nAustralia and New Zealand accordingly.\n(6) The Board may, on request, advise other registration authorities\nelsewhere, or other employers, of the cancellation of the\nregistration or authorisation.\n","sortOrder":93},{"sectionNumber":"70","sectionType":"section","heading":"Inquiry may be held","content":"70 Inquiry may be held\n(1) Despite section 69, a person whose registration is cancelled, or in\nrelation to whom an authorisation is cancelled, by force of that\nsection may request that the Board hold an inquiry into the matter.\n(2) The Board may appoint an inquiry committee into the matter if the\nBoard considers that the circumstances of the offence may not\nnecessarily give rise to a conclusion that the person is no longer a\nfit and proper person.\n(3) The inquiry committee may recommend to the Board that the\ncancellation of the person's registration or the cancellation of the\nauthorisation be rescinded.\n(4) The Board must take into account the recommendation of the\ninquiry committee and determine whether or not to rescind the\ncancellation.\n(5) If the Board rescinds the cancellation, it must notify any person who\nwas notified of the cancellation.\n","sortOrder":94},{"sectionNumber":"71","sectionType":"section","heading":"Board not liable for loss or damage","content":"71 Board not liable for loss or damage\nIf the Board acts with reasonable timeliness in relation to the\nholding of an inquiry under section 70 and the rescinding of the\ncancellation in an appropriate case, the Board is not liable for any\n\nTeacher Registration (Northern Territory) Act 2004 54\nloss or damage suffered by a person as a result of the person's\nregistration being cancelled or an authorisation in relation to the\nperson being cancelled under section 69.\n","sortOrder":95},{"sectionNumber":"72","sectionType":"section","heading":"Offence to employ certain persons","content":"72 Offence to employ certain persons\n(1) An employer commits an offence if the employer employs or\ncontinues to employ a person to teach in a school in the Territory\nand:\n(a) the person does not meet either of the following criteria:\n(i) the person is a registered teacher;\n(ii) the person holds an interim certificate of registration that\nis in force under section 34; and\n(b) the employer has knowledge of the circumstance mentioned in\nparagraph (a); and\n(c) the employer has not been granted authorisation in relation to\nthe person.\n(2) Strict liability applies to subsection (1)(c).\n","sortOrder":96},{"sectionNumber":"73","sectionType":"section","heading":"Penalty for teaching unregistered or without authorisation","content":"73 Penalty for teaching unregistered or without authorisation\n(1) A person must not teach in a school in the Territory unless:\n(a) the person is a registered teacher; or\n(b) the person holds an interim certificate of registration that:\n(i) indicates the Director reasonably believes the Board is\nlikely to grant the person's application for registration;\nand\n(ii) is in force under section 34; or\n(c) the person's employer has been granted authorisation for the\nperson to teach.\n\nTeacher Registration (Northern Territory) Act 2004 55\n(2) An offence against subsection (1) is an offence of strict liability.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1) if the defendant has a reasonable excuse.\n","sortOrder":97},{"sectionNumber":"73A","sectionType":"section","heading":"Misleading information","content":"73A Misleading information\n(1) A person commits an offence if:\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is a relevant entity; and\n(c) the information is misleading and the person has knowledge of\nthat circumstance; and\n(d) the relevant entity is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 100 penalty units.\n(2) A person commits an offence if:\n(a) the person intentionally gives a document to another person;\nand\n(b) the other person is a relevant entity; and\n(c) the document contains misleading information and the person\nhas knowledge of that circumstance; and\n(d) the relevant entity is acting in an official capacity and the\nperson has knowledge of that circumstance.\nMaximum penalty: 100 penalty units.\n(3) Strict liability applies to subsections (1)(b) and (2)(b).\nsubsection (2) if the person, when giving the document:\n(a) draws the misleading aspect of the document to the relevant\nentity's attention; and\n(b) to the extent to which the person can reasonably do so – gives\nthe relevant entity the information necessary to remedy the\nmisleading aspect of the document.\n\nTeacher Registration (Northern Territory) Act 2004 56\nacting in an official capacity, in relation to a relevant entity,\nmeans the entity is exercising powers or performing functions\nunder, or otherwise related to the administration of, this Act.\nmisleading information means information that is misleading in a\nmaterial particular or because of the omission of a material\nparticular.\n","sortOrder":98},{"sectionNumber":"73B","sectionType":"section","heading":"Falsely representing to provide accredited education course","content":"73B Falsely representing to provide accredited education course\nA person commits an offence if the person:\n(a) intentionally makes a representation, by words or conduct,\nthat is likely to induce someone else to believe that the person\nprovides an accredited education course; and\n(b) knows the representation is false.\nDivision 2 Review\n","sortOrder":99},{"sectionNumber":"73C","sectionType":"section","heading":"Review by NTCAT","content":"73C Review by NTCAT\n(1) NTCAT has jurisdiction to review a decision (a reviewable\ndecision) specified in the Schedule.\n(2) An affected person, for a reviewable decision, is a person\nspecified in the Schedule for the decision.\n(3) An affected person for a reviewable decision may apply to NTCAT\nfor review of the decision.\nNote for section 73C\nThe Northern Territory Civil and Administrative Tribunal Act 2014 sets out the\nprocedure for applying to NTCAT for review and other relevant matters in relation\nto reviews.\n","sortOrder":100},{"sectionNumber":"74","sectionType":"section","heading":"Accreditation of teacher education courses","content":"74 Accreditation of teacher education courses\n(1) A higher education institution may apply to the Board in writing for\nthe accreditation of a course that it provides, or proposes to\nprovide, in the Territory.\n\nTeacher Registration (Northern Territory) Act 2004 57\n(a) made in the approved form; and\n(3) Within 8 months of accepting the application, the Board must either:\n(a) accredit the course by giving the applicant written notice\nconfirming the accreditation; or\n(b) refuse to accredit the course.\n(4) However, the Board must not accredit the course unless satisfied\non reasonable grounds that:\n(a) the course is a teacher education course; and\n(ab) the course meets the requirements of the prescribed\naccreditation standards; and\n(b) a person who completes the course will attain the abilities,\nknowledge and skills required under the professional teaching\nstandards approved by the Board; and\n(c) the course accords with all other relevant professional\nstandards approved by the Board.\n","sortOrder":101},{"sectionNumber":"75","sectionType":"section","heading":"Approval of professional development framework","content":"75 Approval of professional development framework\n(1) The Board must approve, by Gazette notice, a framework for the\nprofessional development of teachers.\n(2) The framework must state:\n(a) the type of professional development required; and\n(b) the minimum professional development a teacher must\nundertake.\n(3) The framework may apply, adopt or incorporate (with or without\nchanges) the whole or part of a document as in force or existing at\na particular time or from time to time.\n\nTeacher Registration (Northern Territory) Act 2004 58\n","sortOrder":102},{"sectionNumber":"75A","sectionType":"section","heading":"Board's power to request information","content":"75A Board's power to request information\n(1) This section applies in relation to the Board's power, under Part 4\nor 5 or section 66 or 66B:\n(a) to request or require a person to give the Board information;\nand\n(b) to consider that information.\n(2) The Board's power includes a power to:\n(a) request or require the person to do any of the following:\n(i) give the Board particular information or a particular\ndocument or other thing that is in the possession, or\nunder the control, of the person and relevant to the\nmatter being considered by the Board;\n(ii) give the Board all information, documents and other\nthings that are in the possession, or under the control of,\nthe person and are relevant to the matter being\nconsidered by the Board;\n(iii) appear before the Board at a specified date and time,\neither in person or by another specified means, to\nanswer questions about any information, document or\nother thing given to the Board; and\n(b) consider any information, document or other thing that it\nreceives.\n","sortOrder":103},{"sectionNumber":"75B","sectionType":"section","heading":"Retention and use of information, documents and other things","content":"75B Retention and use of information, documents and other things\n(1) This section applies if a person gives information, a document or\nother thing to a relevant entity.\n(2) The relevant entity may:\n(a) inspect the document or thing and retain it for the period that it\nconsiders reasonable; or\n(b) make copies of, and take extracts from, the document or any\nof its contents; or\n(c) take photographs of the thing; or\n(d) use the information, document or thing, a copy or extract of\nthe document or a photograph of the thing, when exercising\nany power or performing any function under this Act.\n\nTeacher Registration (Northern Territory) Act 2004 59\n","sortOrder":104},{"sectionNumber":"76","sectionType":"section","heading":"Protection from liability – Director, Board members and others","content":"76 Protection from liability – Director, Board members and others\n(1) A person is not civilly or criminally liable for an act done or omitted\nto be done by the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) the Director;\n(b) a Board member;\n(c) a member of a committee, investigation panel or inquiry\ncommittee or an investigator;\n(d) a member of the staff of the Board or a person otherwise\nengaged by the Board.\n(2) In addition, the person is not civilly or criminally liable for an act\ndone or omitted to be done by the Board or a committee,\ninvestigation panel or inquiry committee in the exercise of a power\nor performance of a function under this Act.\n(3) Subsections (1) and (2) do not affect any liability the Territory or the\nBoard would, apart from those subsections, have for the act or\nomission.\nexercise, of a power, includes the purported exercise of the power.\nperformance, of a function, includes the purported performance of\nthe function.\n","sortOrder":105},{"sectionNumber":"76A","sectionType":"section","heading":"Protection from liability – persons giving information","content":"76A Protection from liability – persons giving information\nA person who, acting in good faith, gives information or a document\nor other thing under this Act to a relevant entity is not civilly or\ncriminally liable for giving the information.\n","sortOrder":106},{"sectionNumber":"77","sectionType":"section","heading":"Offence to disclose certain information","content":"77 Offence to disclose certain information\n(1) A person commits an offence if:\n(a) the person obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; and\n(b) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(c) the person intentionally engages in conduct; and\n\nTeacher Registration (Northern Territory) Act 2004 60\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not:\n(i) for a purpose connected with the administration of this\nAct, including a legal proceeding arising out of the\noperation of this Act; or\n(ii) to a person who is otherwise entitled to the information;\nand\n(e) the person is reckless in relation to the result and\ncircumstance mentioned in paragraph (d).\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) If the information mentioned in subsection (1) relates to a person, it\nis a defence to a charge for an offence against that subsection if the\nperson has consented to the disclosure of the information.\nNote for subsection (3)\nIn addition to the circumstances mentioned in subsection (3), a person who\ndiscloses confidential information will not be criminally responsible for an offence\nif the disclosure is justified or excused by or under a law (see section 43BE of the\nCriminal Code).\n(4) For subsection (1)(b), information that is confidential includes\ninformation that may identify any of the following:\n(a) a teacher or authorised person the subject of an inquiry;\n(b) persons allegedly involved in or affected by conduct giving rise\nto an inquiry;\n(c) a witness who participated in an inquiry;\n(d) a complainant;\n(e) the employer of the teacher or authorised person the subject\nof an inquiry;\n(f) the school where the teacher or authorised person the subject\nof an inquiry was employed;\n(g) the location where the events the subject of an inquiry\noccurred.\n\nTeacher Registration (Northern Territory) Act 2004 61\n","sortOrder":107},{"sectionNumber":"78","sectionType":"section","heading":"Monitoring of compliance","content":"78 Monitoring of compliance\n(1) By the end of the first term in each school year, an employer must\ngive the Board a return in the approved form specifying the name of\neach person who taught at the employer's school at any time during\nthe period 1 January to 1 March of that year.\nMaximum penalty: 50 penalty units\n(2) The Board may, by written notice, require an employer to give the\nBoard specified information about the employment by the employer\nof a person as a teacher (including, for example, the dates the\nperson was employed, the subjects the person taught and the\nduties of the person).\n(3) The employer must comply with the notice within 14 days of\nreceiving it.\nMaximum penalty: 50 penalty units\n(4) An offence against subsection (1) or (3) is an offence of strict\nliability.\n(5) It is a defence to a prosecution for an offence against\nsubsection (1) or (3) if the defendant has a reasonable excuse.\n","sortOrder":108},{"sectionNumber":"79","sectionType":"section","heading":"Annual report","content":"79 Annual report\n(1) The Board must, not later than 30 September of each year, give to\nthe Minister a report on its operations for the preceding financial\nyear.\n(1A) The report must include:\n(a) any written directions given to the Board by the Minister under\nsection 25B during the preceding financial year; and\n(b) information regarding the Board's implementation of the\nMinister's directions during the preceding financial year.\n(2) In the report, the Board may include information by way of case\nstudies or case histories of the subject of an inquiry and the Board's\ndecision in relation to the inquiry.\n(3) However, the information must not include:\n(a) information that may identify any of the following:\n(i) a teacher or authorised person the subject of the inquiry;\n\n","sortOrder":109},{"sectionNumber":"Part 9","sectionType":"part","heading":"Transitional matters for Teacher Registration (Northern Territory) Amendment","content":"Part 9 Transitional matters for Teacher Registration (Northern Territory) Amendment\nAct 2010\nTeacher Registration (Northern Territory) Act 2004 62\n(ii) persons allegedly involved in or affected by conduct\ngiving rise to the inquiry;\n(iii) a witness who participated in the inquiry;\n(iv) a complainant;\n(v) the employer of the teacher or authorised person the\nsubject of the inquiry;\n(vi) the school where the teacher or authorised person the\nsubject of the inquiry was employed;\n(vii) the location where the events the subject of the inquiry\noccurred; or\n(b) other information prescribed by regulation.\n","sortOrder":110},{"sectionNumber":"80","sectionType":"section","heading":"Approved forms","content":"80 Approved forms\nThe Board may approve forms for this Act.\n","sortOrder":111},{"sectionNumber":"81","sectionType":"section","heading":"Regulations","content":"81 Regulations\n(1) The Administrator may make regulations under this Act.\n(2) The regulations may provide for:\n(a) the Board to approve professional teaching standards and\nother professional standards; and\n(b) the application, adoption or incorporation (with or without\nchanges) of the whole or part of a document as in force or\nexisting at a particular time or from time to time.\nPart 9 Transitional matters for Teacher Registration\n(Northern Territory) Amendment Act 2010\n","sortOrder":112},{"sectionNumber":"82","sectionType":"section","heading":"Transitional regulations","content":"82 Transitional regulations\n(1) The regulations may make provision about a matter for which:\n(a) it is necessary to make provision to allow or facilitate the doing\nof anything to achieve the transition from the operation of the\nold Act to the new Act; and\n(b) this Act does not make provision or sufficient provision.\n\nTeacher Registration (Northern Territory) Act 2004 63\n(2) Without limiting subsection (1), the regulations may make provision\nfor a matter for which the old Part 9 provided.\n(3) A regulation under subsection (1) must not have effect before:\n(a) if the regulation relates to provisions of the amending Act that\ncommence at different times – the commencement of any of\nthe provisions that first commences; or\n(b) otherwise – the commencement of the provisions of the\namending Act to which the regulation relates.\n(4) To the extent to which the regulation has retrospective operation, it\nmust not operate to the disadvantage of a person (other than the\nTerritory or a Territory authority) by decreasing the person's rights\nor imposing liabilities on the person.\namending Act means the Teacher Registration (Northern Territory)\nAmendment Act 2010.\nnew Act means this Act as in force immediately after the\ncommencement of this section.\nold Act means this Act as in force immediately before the\ncommencement of this section.\nold Part 9 means Part 9 of this Act as in force immediately before\nthe commencement of this section.\nPart 10 Transitional matters for Teacher Registration\n(Northern Territory) Legislation Amendment\nAct 2019\n","sortOrder":113},{"sectionNumber":"83","sectionType":"section","heading":"Definitions","content":"83 Definitions\nIn this Part:\namending Act means the Teacher Registration (Northern Territory)\nLegislation Amendment Act 2019.\ncommencement means the commencement of the amending Act.\n\nTeacher Registration (Northern Territory) Act 2004 64\n","sortOrder":114},{"sectionNumber":"84","sectionType":"section","heading":"Existing registration subject to professional development","content":"84 Existing registration subject to professional development\ncondition\n(1) This section applies to a teacher who, immediately before the\ncommencement, was registered, whether or not the registration\nwas suspended.\n(2) On the commencement, the teacher's registration is taken to be\nsubject to a condition that the teacher comply with the requirements\nof the professional development framework.\n","sortOrder":115},{"sectionNumber":"85","sectionType":"section","heading":"Existing authorisation subject to professional development","content":"85 Existing authorisation subject to professional development\ncondition\n(1) This section applies in relation to an authorisation that was in effect\nimmediately before the commencement, whether or not it was\n(2) On the commencement, the authorisation is taken to be subject to a\ncondition that the authorised person in relation to whom it has been\ngranted comply with the requirements of the professional\ndevelopment framework.\n","sortOrder":116},{"sectionNumber":"86","sectionType":"section","heading":"Application for registration or renewal of registration – not yet","content":"86 Application for registration or renewal of registration – not yet\nactioned\n(a) an application for registration or a renewal of registration had\nbeen made; and\n(b) the Board either:\n(i) had not started considering the application; or\n(ii) had started considering the application but had not\nsought further information under section 35 or 38 in\nrelation to the application or decided the application.\n(2) The application:\n(a) is taken to be an application made on the commencement;\nand\n(b) must be dealt with and decided in accordance with this Act as\namended by the amending Act.\n\nTeacher Registration (Northern Territory) Act 2004 65\n","sortOrder":117},{"sectionNumber":"87","sectionType":"section","heading":"Application for registration or renewal of registration –","content":"87 Application for registration or renewal of registration –\npartially actioned\n(a) an application for registration or a renewal of registration had\nbeen made; and\n(b) the Board had, under section 35 or 38, sought further\ninformation in relation to the application but had not decided\nthe application.\n(2) The Board must deal with and decide the application in accordance\n(3) However, the Board's decision is then taken to have been made\nunder section 36 or 39, as the case may be, of this Act as amended\nby the amending Act.\nNotes for subsection (3)\n1 As the decision will be made after the commencement and will be taken to be\nmade under section 36 or 39 of the Act as amended by the amending Act, it\nmay be a reviewable decision.\n2 In addition, if the Board decides to grant registration, it will be subject to the\ncondition mentioned in section 36(3)(a).\n","sortOrder":118},{"sectionNumber":"88","sectionType":"section","heading":"Application for authorisation – not yet actioned","content":"88 Application for authorisation – not yet actioned\n(a) an application for an authorisation had been made; and\n(b) the Board either:\n(i) had not started considering the application; or\n(ii) had started considering the application but had not\nsought further information under section 41(4) or 42(2) of\nthis Act as in force before the commencement in relation\nto the application or decided the application.\n(2) The application:\n(a) is taken to be an application made on the commencement;\nand\n(b) must be dealt with and decided in accordance with this Act as\namended by the amending Act.\n\nTeacher Registration (Northern Territory) Act 2004 66\n","sortOrder":119},{"sectionNumber":"89","sectionType":"section","heading":"Application for authorisation – partially actioned","content":"89 Application for authorisation – partially actioned\n(a) an application for an authorisation had been made; and\n(b) the Board had, under section 41(4) or 42(2) of this Act as in\nforce before the commencement, sought further information in\nrelation to the application but had not decided the application.\n(2) The Board must deal with and decide the application in accordance\n(3) However, the Board's decision is then taken to have been made\nunder section 42 of this Act as amended by the amending Act.\nNote for subsection (3)\nAs the decision will be made after the commencement and will be taken to be\nmade under section 42 of the Act as amended by the amending Act, if the Board\ndecides to grant the authorisation, it will be subject to the condition mentioned in\nsection 42(3)(a).\n","sortOrder":120},{"sectionNumber":"90","sectionType":"section","heading":"Complaints and disciplinary proceedings","content":"90 Complaints and disciplinary proceedings\n(1) This section applies in relation to the following:\n(a) a written complaint received by the Board before the\ncommencement, whether or not a preliminary investigation or\ninquiry has been held in relation to the complaint;\n(b) a matter that the Board received notice of, or otherwise\nbecame aware of, before the commencement, whether or not\na preliminary investigation or inquiry has been held in relation\nto the matter;\n(c) any other matter that:\n(i) was, immediately before the commencement, the\nsubject of a preliminary investigation or inquiry, or a\ndetermination of the Board to hold a preliminary\ninvestigation or inquiry; or\n(ii) has been the subject of a preliminary investigation or\ninquiry if, before the commencement, the Board has not\ntaken any action following the preliminary investigation\nor inquiry.\n(2) The complaint or matter must be dealt with under this Act as in\nforce before the commencement.\n\nTeacher Registration (Northern Territory) Act 2004 67\n","sortOrder":121},{"sectionNumber":"91","sectionType":"section","heading":"NTCAT review applies to post-commencement decisions","content":"91 NTCAT review applies to post-commencement decisions\nSection 73C applies only in relation to decisions made after the\n","sortOrder":122},{"sectionNumber":"92","sectionType":"section","heading":"Appeal not yet started","content":"92 Appeal not yet started\n(a) a person received an information notice for a decision; and\n(b) the period for starting an appeal against the decision had not\nexpired but an appeal had not been started.\n(2) The person may start an appeal against the decision in accordance\n(3) The appeal must be determined under this Act as in force before\nthe commencement.\n","sortOrder":123},{"sectionNumber":"93","sectionType":"section","heading":"Appeal not yet decided","content":"93 Appeal not yet decided\n(a) a person had started an appeal against a decision of the\nBoard; and\n(b) the Local Court had not decided the matter.\n(2) The Local Court must continue to deal with the matter in\naccordance with this Act as in force before the commencement.\n","sortOrder":124},{"sectionNumber":"94","sectionType":"section","heading":"Accreditation of courses","content":"94 Accreditation of courses\nA course that, immediately before the commencement, was a\ncourse accredited by the Board is, on the commencement, taken to\nbe an accredited education course.\n","sortOrder":125},{"sectionNumber":"95","sectionType":"section","heading":"Application of sections 67A and 67B","content":"95 Application of sections 67A and 67B\n(1) Sections 67A and 67B, as amended by the amending Act, apply\nonly in relation to events that occur after the commencement.\n(2) Sections 67A and 67B, as in force before the commencement,\ncontinue to apply in relation to events that occurred before the\n\nTeacher Registration (Northern Territory) Act 2004 68\n","sortOrder":126},{"sectionNumber":"96","sectionType":"section","heading":"Offence provisions – before and after commencement","content":"96 Offence provisions – before and after commencement\n(1) The offence provisions, as amended by the amending Act, apply\nonly in relation to offences committed after the commencement.\n(2) The offence provisions, as in force before the commencement,\ncontinue to apply in relation to offences committed before the\n(3) For this section, if any of the conduct constituting an offence\noccurred before the commencement, the offence is taken to have\nbeen committed before the commencement.\noffence provisions means the provisions of this Act that create or\nrelate to offences (including in relation to criminal responsibility,\ndefences and penalties), other than sections 67A and 67B.\n\nTeacher Registration (Northern Territory) Act 2004 69\nsection 73C\nReviewable decision Affected person\nDecision under section 36(1)(c) to refuse\napplication for registration\nDecision under section 36(3)(b) to impose\ncondition on registration\nDecision under section 39(1)(b) to refuse\napplication for renewal of registration\nDecision under section 39(4)(b) to vary a\ncondition imposed on, or impose a condition on\nregistration following renewal\nDecision under section 40B to vary a condition\nimposed on, or impose a condition on, teacher's\nregistration\nDecision under section 53(1) to suspend, or\nimpose or vary condition on, teacher's\nregistration\nDecision under section 58(2)(a) to take no\nfurther action in relation to teacher or authorised\nperson\nDecision under section 58(2)(b) to take specified\nfurther action in relation to teacher without first\nholding inquiry\nTeacher; or\nDecision under section 58(2)(b) to take specified\nfurther action in relation to authorised person\nwithout first holding inquiry\n\nTeacher Registration (Northern Territory) Act 2004 70\nAny decision made under section 64(1) after\ninquiry in relation to teacher\nTeacher; or\nIf the basis of the inquiry\nAny decision made under section 64(1) after\ninquiry in relation to authorised person\nIf the basis of the inquiry\nDecision under section 65A(2) or 66(2) to cancel\nteacher's registration\nDecision under section 74(3)(b) to refuse to\naccredit course\n\nTeacher Registration (Northern Territory) Act 2004 71\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nTeacher Registration (Northern Territory) Act 2004 (Act No. 47, 2004)\nAssent date 13 September 2004\nCommenced ss 7(3), 23(6), 72 and 73: 1 February 2005;\nrem: 13 September 2004\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\nTeacher Registration (Northern Territory) Amendment Act 2010 (Act No. 9, 2010)\nAssent date 17 March 2010\nCommenced 1 September 2010 (Gaz G34, 25 August 2010, p 7)\nEducation Act 2015 (Act No. 28, 2015)\nAssent date 10 December 2015\nCommenced pt 6, divs 2 and 4 and pt 7: 1 April 2016; pt 3: 1 July 2016;\nrem: 1 January 2016 (s 2)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nTeacher Registration (Northern Territory) Legislation Amendment Act 2019 (Act No. 16,\n2019)\nAssent date 27 May 2019\nCommenced 1 January 2020 (Gaz G46, 13 November 2019, p 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\n\nTeacher Registration (Northern Territory) Act 2004 72\nTeacher Registration (Northern Territory) Legislation Amendment Act 2025 (Act No. 33,\n2025)\nAssent date 5 December 2025\nCommenced pt 3: nc; rem: 6 December 2025 (s 2(1))\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 11, 74B and 75.\n4 LIST OF AMENDMENTS\npt 1 hdg amd No. 16, 2019, s 58\ns 3 amd No. 9, 2010, s 4\nsub No. 16, 2019, s 4\ns 4 amd No. 9, 2010, ss 5 and 26; No. 28, 2015, s 195; No. 16, 2019, s 5; No. 33,\n2025, s 4\ns 5A ins No. 16, 2019, s 6\ns 6 amd No. 9, 2010, s 26\ns 7 amd No. 9, 2010, s 26; No. 16, 2019, s 7\nss 8 – 10 amd No. 9, 2010, s 26\ns 11 amd No. 9, 2010, s 6; No. 16, 2019, s 8\ns 12 amd No. 9, 2010, s 7; No. 16, 2019, s 9; No. 33, 2025, s 5\ns 13 rep No. 9, 2010, s 8\ns 14 amd No. 33, 2025, s 6\ns 14A ins No. 33, 2025, s 7\nss 15 – 18 amd No. 9, 2010, s 26\ns 18A ins No. 16, 2019, s 10\ns 19 sub No. 16, 2019, s 10\ns 20 amd No. 9, 2010, s 26\ns 21 amd No. 9, 2010, s 26\nrep No. 16, 2019, s 11\ns 22 amd No. 9, 2010, s 26; No. 16, 2019, s 12\ns 23 amd No. 9, 2010, s 26; No. 8, 2016, s 45; No. 16, 2019, s 13\nss 24 – 25 amd No. 9, 2010, s 26\ns 25 amd No. 9, 2010, s 26; No. 16, 2019, s 58\ns 25A ins No. 16, 2019, s 14\ns 25B ins No. 33, 2025, s 8\npt 4 hdg amd No. 16, 2019, s 58\ns 26 amd No. 9, 2010, s 26; No. 16, 2019, s 15\ns 26A ins No. 9, 2010, s 9\ns 27 amd No. 16, 2019, s 58\ns 28 amd No. 9, 2010, s 26; No. 16, 2019, s 16\ns 29 sub No. 9, 2010, s 10\namd No. 16, 2019, s 17\npt 4\ndiv 2 hdg sub No. 9, 2010, s 11\npt 4\nsdiv 1 hdg ins No. 9, 2010, s 11\ns 30 repNo. 9, 2010, s 10\nins No. 9, 2010, s 11\namd No. 33, 2025, s 9\ns 31 sub No. 9, 2010, s 11\n\nTeacher Registration (Northern Territory) Act 2004 73\ns 32 sub No. 9, 2010, s 11\namd No. 16, 2019, s 18\npt 4\nsdiv 2 hdg ins No. 9, 2010, s 11\ns 33 sub No. 9, 2010, s 11\namd No. 16, 2019, s 19; No. 33, 2025, s 10\ns 34 sub No. 9, 2010, s 11\namd No. 16, 2019, s 20\ns 35 sub No. 9, 2010, s 11\ns 36 sub No. 9, 2010, s 11; No. 16, 2019, s 21\namd No. 33, 2025, s 11\npt 4\nsdiv 3 hdg ins No. 9, 2010, s 11\ns 37 sub No. 9, 2010, s 11\namd No. 16, 2019, s 22\ns 38 sub No. 9, 2010, s 11\namd No. 16, 2019, s 23\ns 39 sub No. 9, 2010, s 11; No. 16, 2019, s 24\namd No. 33, 2025, s 12\ns 39A ins No. 16, 2019, s 24\npt 4\nsdiv 4 hdg ins No. 9, 2010, s 11\ns 40 sub No. 9, 2010, s 11\namd No. 16, 2019, s 25\ns 40A ins No. 9, 2010, s 11\ns 40B ins No. 9, 2010, s 11\namd No. 16, 2019, s 26\ns 40C ins No. 9, 2010, s 11\namd No. 16, 2019, s 27\ns 41 sub No. 9, 2010, s 12\namd No. 16, 2019, s 28; No. 33, 2025, s 13\ns 41A ins No. 16, 2019, s 29\ns 42 sub No. 9, 2010, s 12; No. 16, 2019, s 29\namd No. 33, 2025, s 14\ns 43 sub No. 9, 2010, s 12; No. 16, 2019, s 29\namd No. 33, 2025, s 15\ns 44 sub No. 16, 2019, s 29\ns 45 amd No. 9, 2010, s 13\nsub No. 33, 2025, s 16\ns 45A ins No. 16, 2019, s 30\ns 46 amd No. 9, 2010, s 26; No. 16, 2019, s 31\ns 46A ins No. 16, 2019, s 32\ns 47 amd No. 16, 2019, s 33\npt 6 hdg sub No. 9, 2010, s 14\npt 6\ndiv 1 hdg sub No. 9, 2010, s 14\ns 48 rep No. 9, 2010, s 14\ns 49 sub No. 9, 2010, s 14\namd No. 16, 2019, s 34\npt 6\ndiv 2 hdg sub No. 9, 2010, s 14\n\nTeacher Registration (Northern Territory) Act 2004 74\ns 50 sub No. 9, 2010, s 14\namd No. 16, 2019, s 35\ns 51 sub No. 9, 2010, s 14\ns 52 sub No. 9, 2010, s 14\ns 53 sub No. 9, 2010, s 14\namd No. 16, 2019, s 36\npt 6\ndiv 3 hdg sub No. 9, 2010, s 14\ns 54 sub No. 9, 2010, s 14\ns 55 sub No. 9, 2010, s 14\namd No. 16, 2019, s 37\ns 56 sub No. 9, 2010, s 14\namd No. 16, 2019, s 38\ns 57 sub No. 9, 2010, s 14\namd No. 16, 2019, s 39\ns 58 sub No. 9, 2010, s 14\namd No. 16, 2019, s 40\npt 6\ndiv 4 hdg sub No. 9, 2010, s 14\ns 59 sub No. 9, 2010, s 14\ns 60 amd No. 7, 2007, s 16\nsub No. 9, 2010, s 14\namd No. 16, 2019, s 41\ns 61 sub No. 9, 2010, s 14\namd No. 16, 2019, s 42\ns 61A ins No. 16, 2019, s 43\ns 62 sub No. 9, 2010, s 14\namd No. 16, 2019, s 44\ns 63 sub No. 9, 2010, s 14\ns 64 sub No. 9, 2010, s 14\namd No. 16, 2019, s 45\ns 65 sub No. 9, 2010, s 14; No. 16, 2019, s 46\npt 6\ndiv 4AA hdg ins No. 16, 2019, s 46\ns 65A ins No. 16, 2019, s 46\npt 6\ndiv 4A hdg ins No. 9, 2010, s 14\ns 66 sub No. 9, 2010, s 14\nss 66A – 66E ins No. 16, 2019, s 47\nss 66F – 66G ins No. 33, 2025, s 17\npt 6\ndiv 4B hdg ins No. 9, 2010, s 14\ns 67 sub No. 9, 2010, s 14\namd No. 16, 2019, s 48\nss 67A – 67B ins No. 9, 2010, s 14\nsub No. 16, 2019, s 49\nss 67C – 67D ins No. 16, 2019, s 49\ns 68 amd No. 9, 2010, s 26\nrep No. 16, 2019, s 50\ns 69 amd No. 9, 2010, s 15; No. 16, 2019, s 58\ns 70 amd No. 9, 2010, s 26; No. 16, 2019, s 58\ns 71 amd No. 16, 2019, s 58\npt 7 hdg sub No. 9, 2010, s 16\n\nTeacher Registration (Northern Territory) Act 2004 75\npt 7\ndiv 1 hdg ins No. 9, 2010, s 16\ns 72 amd No. 9, 2010, s 17\nsub No. 16, 2019, s 51\ns 73 amd No. 9, 2010, s 18; No. 16, 2019, s 52\nss 73A – 73B ins No. 16, 2019, s 53\npt 7\ndiv 2 hdg ins No. 9, 2010, s 19\ns 73C ins No. 16, 2019, s 53\npt 8 hdg sub No. 16, 2019, s 53\ns 74 amd No. 9, 2010, s 26\namd No. 33, 2025, s 18\ns 74A ins No. 9, 2010, s 19\nrep No. 16, 2019, s 53\ns 74B ins No. 9, 2010, s 19\namd No. 8, 2016, s 45\nrep No. 16, 2019, s 53\ns 75 amd No. 9, 2010, s 20\ns 75A ins No. 16, 2019, s 53\namd No. 26, 2020, s 3\ns 75B ins No. 16, 2019, s 53\ns 76 amd No. 9, 2010, s 21\ns 76A ins No. 9, 2010, s 22\ns 77 amd No. 9, 2010, s 26\ns 78 sub No. 9, 2010, s 23\namd No. 16, 2019, s 54\ns 79 amd No. 16, 2019, s 55; No. 33, 2025, s 19\ns 80 sub No. 9, 2010, s 24\ns 81 sub No. 9, 2010, s 24\namd No. 16, 2019, s 56\npt 9 hdg sub No. 9, 2010, s 25\ns 82 sub No. 9, 2010, s 25\npt 10 hdg ins No. 16, 2019, s 57\nss 83 – 85 rep No. 9, 2010, s 25\nins No. 16, 2019, s 57\nss 86 – 96 ins No. 16, 2019, s 57\nsch ins No. 16, 2019, s 57","sortOrder":127}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since enactment the Act has been expanded beyond establishing a registration mechanism and basic disciplinary rules to include broader regulatory functions and stronger information flows. Notable scope expansions in amendments include: mandatory professional development as a universal registration condition (s 36(3)(a); s 75); formal powers to authorise employment of unregistered persons with time‑limited authorisations (Part 5, ss 41–45); comprehensive mandatory notification, return and reporting obligations on employers and teachers (ss 67A–67D, s 78); explicit, structured information sharing with police, prosecuting authorities and other registration authorities (ss 66C–66G); and the ability to cancel registration or authorisation without an inquiry in specified cases (s 65A, s 69). These additions materially broaden the Board’s administrative reach and the law’s data‑sharing, surveillance and enforcement functions compared with the original, narrower focus on registering fit and properly qualified teachers (original s 3)."},"complexity_factors":["Lengthy Act with many Parts and Divisions (10 Parts, multiple subdivisions)","Extensive definitions and defined terms in section 4 and throughout (40+ defined terms and terms used as defined)","Multiple decision makers and delegations (Board, Director, investigators, inquiry committees, Ministerial directions)","Layered disciplinary procedure with alternative paths (complaint → preliminary investigation → inquiry → possible actions) and many conditional rules (ss 50–58, 59–65)","Numerous cross‑references to external statutes (Criminal Code Part IIAA, Care and Protection of Children Act 2007, Higher Education Act 2004, Education and Care Services National Law)","Significant notification and reporting obligations with strict liability and multiple time limits (ss 28, 46, 67A–67D, 78)","Information sharing rules with police and prosecutors and confidentiality offences (ss 66C–66E, 66F–66G, 77)","Multiple exceptions and non‑renewal rules (authorisations non‑renewable s 45, cancellation without inquiry in specific cases s 65A, s 69)","Regulatory discretions and administrative powers (accreditation, professional standards, ministerial directions) creating operational complexity (ss 11, 74–75, 25B)","Transitional provisions and a schedule of reviewable decisions that alter procedural remedies and historic handling (Part 9–10 and Schedule)"],"plain_english_summary":"**What this law does (mechanics)**\n\n- Establishes a Teacher Registration Board for the Northern Territory (the Board) and gives it corporate status and powers (ss 6, 11–12).\n- Creates and requires a public Register of Teachers and sets what is recorded and what the public may inspect (ss 26–29).\n- Sets eligibility rules and application / renewal procedures for full and provisional teacher registration (ss 30–39), including time limits for decisions (s 36(1), s 39(1)), fees (s 40A) and issuance of certificates (s 40).\n- Allows employers to apply for temporary authorisations to employ unregistered people as teachers (Part 5; ss 41–45).  Authorisations are time‑limited (max 2 years unless regulations say otherwise) and may carry conditions, including professional development (s 42(3), s 45(5)).\n- Creates complaint, investigation and inquiry processes for professional misconduct, incompetence and certain criminal matters, with powers to impose conditions, suspend, cancel or disqualify (Part 6; ss 49–65, 69–71).  There are separate procedures for preliminary investigations and for formal inquiries (ss 54–64).\n- Gives the Board powers to request and share information with police, prosecuting authorities, screening authorities and other teacher registration or regulatory bodies (ss 66–66G).  It can cancel registration or authorisation without an inquiry in limited cases (e.g. loss of a clearance notice (s 65A) or conviction for a sexual offence (s 69)).\n- Imposes notification and reporting duties on teachers, authorised persons and employers (ss 28, 46, 67A, 67B, 67C, 67D, 78) and creates criminal and civil penalties for specified breaches (ss 72–73, 73A–73B, 77).\n- Provides accreditation rules for initial teacher education courses and requires the Board to approve a professional development framework (ss 74–75).\n- Enables ministerial directions to the Board on policy and administration (s 25B), while excluding directions about particular people or specific complaints (s 25B(3)).\n\n(Primary legal objects are stated at s 3: to ensure only fit, properly qualified and competent people are employed as teachers, and to facilitate continuing competence.)\n\n**Who is affected**\n\n- Teachers (registered, provisionally registered, or formerly registered): must meet eligibility standards, comply with conditions (including professional development), pay fees, and notify the Board of changes or legal events (ss 30–40A, 28, 67B).\n- Employers (government, Catholic, independent and other schools): must verify teacher registration or hold authorisations for unregistered staff, make periodic returns and report specified events to the Board (ss 41, 46, 67A, 78).  Employers can be criminally liable for knowingly employing unregistered persons without authorisation (s 72).\n- Unregistered applicants and prospective teachers: must follow application rules; may receive interim certificates in narrow circumstances (s 34) or be employed under an authorisation (Part 5).\n- Teacher education providers: may apply for course accreditation; courses must meet Board‑approved professional teaching standards (s 74).\n- Police, prosecuting authorities, screening and other registration bodies: interact with the Board through mandatory and discretionary information sharing (ss 66C–66E, 66F–66G).\n\n**Why it matters — practical implications, incentives and trade‑offs**\n\n- Regulatory gatekeeping: the Act centralises the legal authority to determine who may teach in Territory schools. The Board decides registration, conditions, suspensions, cancellations and authorisations (ss 11–12, 36, 42, 64).  That concentrates decision rights in an administrative body and creates ongoing compliance obligations for individual teachers and employers.\n\n- Compliance costs shift to teachers and employers:\n  - Teachers pay registration fees and must undertake approved professional development as a condition of registration (s 40A; s 36(3)(a); s 75).  Time spent on mandatory PD and administrative reporting is an opportunity cost against classroom time or other uses of labour.\n  - Employers must monitor staff status, make returns (s 78), and notify the Board of adverse events (ss 67A, 67B, 67D).  Failure to notify or to employ only registered/authorised persons carries penalties (ss 67A(2), 72–73).\n\n- Information‑sharing and confidentiality:\n  - The Board can request and receive police and prosecuting authority information (ss 66D–66E), and may share register details with other registration authorities (ss 66F–66G).  Those provisions prioritise child‑safety and regulatory coordination but increase administrative exchanges of sensitive personal information and are backed by secrecy and disclosure offences (s 77).\n\n- Discretion and administrative burden:\n  - The Board has broad powers to set standards, impose conditions, and vary authorisations (ss 11, 12, 40B, 45A).  The Act permits delegation, committees and ministerial directions (ss 15, 25, 25B), which creates multiple decision nodes and some implementation discretion.  That supports flexible responses but raises risk that outcomes depend on Board resourcing and internal policy choices.\n\n- Effects on private schools and hiring flexibility:\n  - Part 5 allows employers to obtain short‑term authorisations to engage unregistered people (ss 41–45), enabling staffing flexibility where registered teachers are scarce.  But authorisations are time‑limited and conditional (s 42), require administrative applications and reporting (ss 41, 46), and cannot be renewed automatically (s 45).  This trades faster access to labour for administrative oversight and supervision requirements.\n\n- Enforcement intensity and legal risk:\n  - Several offences are strict liability (e.g., s 28 change notifications, ss 72–73 employment and teaching prohibitions).  There are significant monetary penalties and potential criminal exposure for misleading information or unlawful disclosure (ss 73A, 77).  That increases compliance incentives but also raises legal risk for employers and individuals who misinterpret obligations.\n\n- Concentrated benefits, diffuse costs:\n  - The Board and parties involved in regulation (registration authorities, screening bodies) gain stronger coordination powers (ss 66F, 67), while the bulk of administrative, time and financial costs fall on all teachers and employers across the Territory.\n\n**Who pays, who decides, and the likely behaviour changes (direct)**\n\n- Who pays: Registered teachers pay registration fees (s 40A) and undertake (and bear time costs of) required professional development (s 36(3)(a); s 75). Employers incur administrative costs to apply for authorisations, make required notifications and keep records (ss 41, 46, 47, 78).  Schools may indirectly carry costs where staff attend Board duties (s 18(1)–(2) provides reimbursement for relief teacher costs in some cases).\n- Who decides: The Board decides registration, authorisations, disciplinary outcomes and professional standards (ss 6, 11, 36, 42, 64). The Minister can give general written directions to the Board (s 25B) but cannot direct the Board in relation to specific persons or individual applications (s 25B(3)). Investigators, inquiry committees and the Director exercise delegated powers (ss 14, 15, 55, 60).\n- Behaviour changes: Teachers will seek and maintain registration, comply with reporting and PD requirements, and avoid conduct that could trigger disciplinary action. Employers will check registrations and either hire only registered teachers or apply for formal authorisations, and they will report incidents and keep employment records as required.\n\n**Implementation and operational risks**\n\n- Board resourcing matters: effective, timely decisions and high‑quality inquiries require adequate staff and facilities (s 14A). Delays or inconsistent application could raise legal review risk (NTCAT reviews listed in Schedule; s 73C).\n- Privacy and information flow: mandatory data sharing with police and registration authorities (ss 66D–66F) must be operationally secure to avoid unlawful disclosures and to meet s 77 confidentiality rules.\n\n**Key statutory citations (examples)**\n- Establish Board and functions: ss 6, 11–12.\n- Register and public access: ss 26–29.\n- Registration / renewal process and PD condition: ss 30–39, 36(3)(a), s 75.\n- Authorisations to employ unregistered persons: Part 5 (ss 41–45).\n- Complaints, investigations and inquiries: Part 6 (ss 49–65, 69–71).\n- Information sharing and notifications: ss 66–66G, 67–67D.\n- Offences and penalties (employment/teaching while unregistered, misleading info, confidentiality): ss 72–73, 73A, 77.\n"},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1684},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond simple teacher registration into a comprehensive regulatory and child protection framework. Originally focused on qualifications and registration, it now encompasses mandatory working with children clearances, extensive information exchange with law enforcement and child safety agencies, professional development mandates, accreditation of university courses, and complex disciplinary procedures. The Act effectively functions as both a professional standards regulator and a child safety gatekeeper, integrating with the national education and care services framework."},"complexity_factors":["Approximately 40 defined terms in section 4, including complex statutory cross-references to the Care and Protection of Children Act (clearance notices), Criminal Records Act, and Higher Education Act","Nested structure with 10 Parts, multiple Divisions and Subdivisions, and a Schedule of reviewable decisions","Detailed procedural requirements for disciplinary actions including preliminary investigations (Division 3) and formal inquiries (Division 4) with specific composition rules for panels and committees","Complex information sharing framework (Division 4A) with 7 different sharing scenarios (police, screening authority, prosecuting authority, other jurisdictions) each with specific triggers and limitations","Multiple strict liability offences (sections 22, 28, 46, 57, 62, 67A-D) that include 'reasonable excuse' defences creating conditional liability structures","Extensive notification obligations requiring employers and teachers to report specific events (charges, dismissals, loss of clearances) within 14-28 day windows","Transitional provisions accommodating amendments from 2010, 2019, and 2025 with different treatment of pending applications depending on their status at commencement dates"],"plain_english_summary":"This law sets up the **Teacher Registration Board of the Northern Territory** to control who can teach in NT schools and ensure they are suitable to work with children.\n\n**What it does:**\n- **Registers teachers**: Grants full or provisional registration to people who meet qualifications, experience, and \"fit and proper person\" standards (including criminal history checks and working with children clearances).\n- **Keeps a public register**: Lists registered teachers and their status, accessible online.\n- **Accredits courses**: Approves university teaching degrees to ensure they meet professional standards.\n- **Handles complaints**: Investigates allegations of misconduct or incompetence through preliminary investigations and formal inquiries, with power to suspend, cancel registration, or disqualify teachers.\n- **Authorises unregistered teachers**: Allows schools to employ people who aren't fully registered (e.g., specialists or trainee teachers) under strict conditions and supervision.\n- **Shares information**: Exchanges data with police, child protection authorities, and other states' teacher registration bodies to protect children and track teacher conduct across borders.\n\n**Who it affects:**\n- **Teachers**: Must register and renew registration periodically (up to 5 years), complete professional development, and report criminal charges or loss of working with children clearances.\n- **Schools/Employers**: Must ensure teachers are registered or authorised, report dismissals or resignations involving misconduct, and provide annual compliance returns.\n- **Students**: Protected by ensuring only competent, vetted individuals can teach.\n\n**Key protections:**\n- Automatic cancellation of registration for sexual offences (though review possible in exceptional circumstances).\n- Strict confidentiality rules protecting inquiry participants.\n- Appeals to the Northern Territory Civil and Administrative Tribunal (NTCAT) for certain decisions."}},"importantCases":[],"_links":{"self":"/api/acts/teacher-registration-northern-territory-act-2004","history":"/api/acts/teacher-registration-northern-territory-act-2004/history","analysis":"/api/acts/teacher-registration-northern-territory-act-2004/analysis","conflicts":"/api/acts/teacher-registration-northern-territory-act-2004/conflicts","importantCases":"/api/acts/teacher-registration-northern-territory-act-2004/important-cases","documents":"/api/acts/teacher-registration-northern-territory-act-2004/documents"}}