{"id":"teachers-registration-and-standards-act-2004","name":"Teachers Registration and Standards Act 2004","slug":"teachers-registration-and-standards-act-2004","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110472,"registerId":"sa-teachers-registration-and-standards-act-2004-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Teachers Registration and Standards Act 2004","content":"South Australia\nTeachers Registration and Standards Act 2004\nAn Act to regulate the teaching profession.\n\nContents\nPart 1—Preliminary\n1\tShort title\n3\tInterpretation\nPart 2—Object of Act\n4\tObject of Act\nPart 3—Teachers Registration Board\n5\tEstablishment of Teachers Registration Board\n6\tFunctions of Teachers Registration Board\n7\tWelfare and best interests of children paramount consideration\n8\tDirections by Minister\n9\tMembership of Teachers Registration Board\n9A\tPresiding member\n10\tTerms and conditions of membership\n11\tRemuneration\n12\tConflict of interest under Public Sector (Honesty and Accountability) Act\n13\tValidity of acts of Teachers Registration Board\n14\tProcedures of Teachers Registration Board\n15\tRegistrar of Teachers Registration Board\n15A\tAppointment of acting Registrar\n15B\tTeachers Registration Board may employ staff\n16\tCommittees\n17\tDelegations\n18\tAccounts and audit\n19\tAnnual report\nPart 3A—Initial teacher education programs\n19A\tAccreditation of initial teacher education programs\nPart 4—Requirement to be registered\n20\tRequirement to be registered\nPart 5—Registration\n21\tEligibility for registration\n22\tApplication for registration\n23\tGrant of registration\n24\tConditions of registration\n24A\tAutomatic cancellation of registration of prohibited persons\n25\tOffence to contravene certain conditions of registration\n26\tTerm of registration\n26A\tAnnual fee\n27\tRequirement for provision of information\n28\tRegister\n29\tCertificates of registration\nPart 6—Special authority for unregistered person to teach\n30\tSpecial authority for unregistered person to teach\n31\tRegister\n31A\tRequirement for provision of information\nPart 6A—Codes of conduct and professional standards\n31B\tCodes of conduct and professional standards\n31C\tRecognition of quality teaching and educational leadership\nPart 7—Action to deal with unprofessional conduct or incapacity of teachers\n32\tApplication and interpretation\n32A\tConstitution of Teachers Registration Board for purposes of Part\n33\tCause for disciplinary action\n33A\tSuspension of teacher's registration if working with children check not current etc\n34\tRegistrar may conduct investigation\n34A\tSuspension of registration where teacher charged with certain offences or unacceptable risk to children\n35\tInquiries and disciplinary action\n36\tPunishment of conduct that constitutes offence\n37\tEmployer to notify Teachers Registration Board of certain matters relating to practising teachers\n38\tAction by Teachers Registration Board to deal with impairment of teacher's capacity\n40\tNotification by Registrar of action or suspension etc under Part\nPart 8—Provisions relating to proceedings of Teachers Registration Board\n41\tApplication\n42\tNatural justice and right to be heard and to call evidence etc\n43\tEvidence and findings in other proceedings\n44\tPower to issue summons etc\n45\tPrinciples governing proceedings\n46\tProtection of children etc\n47\tRepresentation at proceedings\n48\tCounsel to assist Teachers Registration Board\nPart 9—Appeals\n49\tRight of appeal\nPart 9A—Information sharing\n49A\tDisclosure of information to prevent harm\n49B\tSharing of information between Teachers Registration Board and certain persons and bodies\nPart 10—Miscellaneous\n50\tProvision of information by Commissioner of Police\n51\tArrangements between Teachers Registration Board, DPP, and Commissioner of Police for reporting of offences\n52\tNotification of offences to employer etc\n52A\tNotification to employer that teacher is a prohibited person etc\n53\tConfidentiality\n54\tFalse or misleading information\n55\tProcurement of registration by fraud\n56\tSelf-incrimination\n57\tService of documents\n58\tContinuing offence\n59\tLiability of members of governing bodies of bodies corporate\n60\tGeneral defence\n61\tRegulations\nSchedule 1—Designated entities\n1\tDesignated entities\n2\tAmendment of Schedule\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Teachers Registration and Standards Act 2004.\n3—Interpretation\nIn this Act—\ncondition includes a limitation;\nDepartment means the administrative unit of the Public Service responsible for assisting a Minister in the administration of this Act;\ndirector, of a prescribed service, means the person responsible for providing educational leadership in, and managing the day‑to‑day operations of, the prescribed service;\npractising teacher means a person in employment for which registration is required under this Act;\nprescribed service means—\n\t(a)\ta school-based preschool or stand-alone preschool under the Education and Children's Services Act 2019 (including a stand‑alone preschool continued under Part 4 Division 3 of that Act); or\n\t(c)\tan education and care service under the Education and Care Services National Law (South Australia) consisting of or including pre‑school education; or\n\t(d)\tany other service of a kind prescribed by the regulations for the purposes of this definition;\npre-school education means the provision of courses of education, training and instruction to children who have not yet attained compulsory school age (within the meaning of the Education and Children's Services Act 2019);\nprincipal of a school means the person responsible for providing educational leadership in the school and managing the day-to-day operations of the school;\nprofessional standards for teachers means professional standards for teachers required for the purposes of registration of teachers, as developed from time to time by the Teachers Registration Board;\nprohibited person means a prohibited person under the Child Safety (Prohibited Persons) Act 2016;\nregistered teacher means a person registered as a teacher under Part 5;\nRegistrar means the Registrar of the Teachers Registration Board appointed under Part 3, or a person acting in the position of the Registrar;\nregistration includes, unless the context otherwise requires, provisional registration and renewal of registration;\nrepealed provisions means Part 4 of the Education Act 1972, as in force from time to time before the commencement of this Act;\nschool means a school established for the purpose of providing education at primary or secondary level, whether or not also for the purpose of providing a pre-school education;\nTeachers Registration Board means the Teachers Registration Board of South Australia established under Part 3;\nteacher regulatory authority means an authority with functions under the law of a place outside this State similar to those of the Teachers Registration Board;\nunique identifier, of a person, means a unique identifier issued to the person under the Child Safety (Prohibited Persons) Act 2016;\nunprofessional conduct means—\n\t(a)\ta contravention of this Act or the repealed provisions; or\n\t(b)\ta contravention of a condition of registration as a teacher under this Act or the repealed provisions; or\n\t(ba)\ta contravention of a code of conduct or professional standard published or adopted under section 31B; or\n\t(c)\tincompetence; or\n\t(d)\tdisgraceful or improper conduct;\nworking with children check means a working with children check under the Child Safety (Prohibited Persons) Act 2016.\nPart 2—Object of Act\n4—Object of Act\nThe object of this Act is to establish and maintain a teacher registration system and professional standards for teachers to safeguard the public interest in there being a teaching profession whose members are competent educators and fit and proper persons to have the care of children.\nPart 3—Teachers Registration Board\n5—Establishment of Teachers Registration Board\n\t(1)\tThe Teachers Registration Board of South Australia is established.\n\t(2)\tThe Teachers Registration Board—\n\t(a)\tis a body corporate; and\n\t(b)\thas perpetual succession and a common seal; and\n\t(c)\thas the powers of a natural person and the functions and powers assigned or conferred under this or any other Act.\n\t(3)\tIf a document appears to bear the common seal of the Teachers Registration Board, it will be presumed, in the absence of proof to the contrary, that the document was duly executed by the Teachers Registration Board.\n6—Functions of Teachers Registration Board\nThe Teachers Registration Board has the following functions:\n\t(a)\tto administer the provisions of this Act for the regulation of the teaching profession;\n\t(ab)\tto accredit initial teacher education programs;\n\t(ac)\tto develop and maintain codes of conduct for registered teachers and persons granted a special authority to teach under this Act;\n\t(b)\tto promote the teaching profession, and to promote and implement professional standards for teachers;\n\t(d)\tto confer and collaborate with teacher employers, the teaching profession, teacher unions or other organisations and other bodies and persons with respect to requirements for teacher registration and professional and other standards for teachers;\n\t(e)\tto confer and collaborate with other teacher regulatory authorities to ensure effective national exchange of information and promote uniformity and consistency in the regulation of the teaching profession within Australia and New Zealand;\n\t(ea)\tto undertake or support reviews of research and data collection relating to the teaching profession;\n\t(eb)\tto recognise quality teaching and leadership in the teaching profession;\n\t(f)\tto keep the teaching profession, professional standards for teachers and other measures for the regulation of the profession under review and to introduce change or provide advice to the Minister as appropriate;\n\t(g)\tsuch other functions as may be assigned to the Teachers Registration Board under this Act or by the Minister.\n7—Welfare and best interests of children paramount consideration\nThe welfare and best interests of children is the paramount consideration in relation to the operation, administration and enforcement of this Act.\n8—Directions by Minister\n\t(1)\tSubject to this section, the Minister may give directions to the Teachers Registration Board when it appears to the Minister to be necessary in the public interest.\n\t(2)\tThe Minister—\n\t(a)\tmay not give a direction that relates to—\n\t(i)\ta particular person; or\n\t(ii)\ta particular application or inquiry; or\n\t(iii)\tthe performance by the Teachers Registration Board of its function of determining qualifications or experience for registration; and\n\t(b)\tmust consult with the Teachers Registration Board before giving it a direction; and\n\t(c)\tmust, within 3 sitting days after giving a direction, cause a copy of the direction to be laid before each House of Parliament.\n9—Membership of Teachers Registration Board\n\t(1)\tThe Teachers Registration Board consists of not less than 10 and not more than 14 members appointed by the Governor of whom—\n\t(a)\tat least 6 must be practising teachers, of whom—\n\t(i)\t4 must be nominated by the Australian Education Union (S.A. Branch), of whom—\n\t(A)\tat least 1 must be practising in the area of pre-school education; and\n\t(B)\tat least 1 must be practising in the area of primary education; and\n\t(C)\tat least 1 must be practising in the area of secondary education; and\n\t(ii)\t2 must be nominated by the Independent Education Union (S.A. Branch); and\n\t(b)\tthe remaining members are members nominated by the Minister, of whom—\n\t(i)\tat least 1 must be a legal practitioner; and\n\t(ii)\t1 must be a parent of a school student appointed to represent the community interest.\n\t(2)\tAt least half of the members appointed under subsection (1) must be registered teachers.\n\t(3)\tIn nominating members for appointment, the Minister must, as far as is reasonably practicable, ensure that the Teachers Registration Board consists of members who, collectively, have knowledge, skills and experience in the following areas:\n\t(a)\tteacher education;\n\t(b)\tmatters affecting employers of practising teachers.\n\t(4)\tThe Minister must, before nominating a member for appointment to the Teachers Registration Board, call for expressions of interest under a scheme determined by the Minister for the purposes of this subsection.\n\t(5)\tThe Minister must, before nominating a member for appointment to the Teachers Registration Board, in accordance with any requirements set out in the regulations, have regard to any submissions made by a designated entity in respect of a proposed nomination.\n\t(6)\tThe Minister must ensure, as far as practicable, that the persons appointed under subsection (1) consist of equal numbers of women and men.\n\t(7)\tA person is not eligible to be appointed to the Teachers Registration Board unless a working with children check has been conducted in relation to the person within the preceding 5 years.\n\t(8)\tIn this section—\ndesignated entity means a person or body referred to in Schedule 1.\n9A—Presiding member\nThe Governor may, on the recommendation of the Minister, appoint 1 of the members of the Teachers Registration Board to be the presiding member of the Teachers Registration Board and 1 to be the deputy presiding member.\n10—Terms and conditions of membership\n\t(1)\tA member of the Teachers Registration Board will be appointed on conditions determined by the Governor and for a term, not exceeding 3 years, specified in the instrument of appointment and, at the expiration of a term of appointment, is eligible for reappointment (however a member cannot hold office for consecutive terms that exceed 9 years in total).\n\t(2)\tThe Governor may appoint a person to be a temporary member of the Teachers Registration Board for a period not exceeding 6 months.\n\t(3)\tA temporary member of the Teachers Registration Board may act as a member of the Board—\n\t(a)\tif a vacancy arises in the membership of the Board; or\n\t(b)\tduring any period of absence of a member of the Board.\n\t(4)\tThe Governor may appoint a person to be the deputy of the following members of the Teachers Registration Board:\n\t(a)\ta member appointed in accordance with section 9(1)(a);\n\t(b)\ta member appointed in accordance with section 9(1)(b)(i),\nand the deputy may act as a member of the Board during any period of absence of the member.\n\t(5)\tThe Governor may remove a member of the Teachers Registration Board from office—\n\t(a)\tfor breach of, or non-compliance with, a condition of appointment; or\n\t(ab)\tif a working with children check has not been conducted in relation to the member within the preceding 5 years; or\n\t(b)\tfor misconduct; or\n\t(c)\tfor failure or incapacity to carry out official duties satisfactorily.\n\t(6)\tThe office of a member of the Teachers Registration Board becomes vacant if the member—\n\t(a)\tdies; or\n\t(b)\tcompletes a term of office and is not reappointed; or\n\t(c)\tresigns by written notice to the Minister; or\n\t(ca)\tbecomes a prohibited person (including where the member becomes a prohibited person by force of section 15 of the Child Safety (Prohibited Persons) Act 2016 on the day that section comes into operation); or\n\t(d)\tis removed from office under subsection (5).\n\t(7)\tA member of the Teachers Registration Board may continue to act as a member of the Board despite the expiry of his or her term of office for the purpose of continuing and completing the hearing of an application under Part 5 or an inquiry under Part 7.\n11—Remuneration\nA member of the Teachers Registration Board is entitled to remuneration, allowances and expenses determined by the Governor.\n12—Conflict of interest under Public Sector (Honesty and Accountability) Act\nA member of the Teachers Registration Board will not be taken to have a direct or indirect interest in a matter for the purposes of the Public Sector (Honesty and Accountability) Act 1995 by reason only of the fact that the member has an interest in the matter that is shared in common with teachers generally or a substantial section of teachers in this State, or schools or kindergartens generally or substantial section of schools or kindergartens.\n13—Validity of acts of Teachers Registration Board\nAn act or proceeding of the Teachers Registration Board or a committee of the Teachers Registration Board is not invalid by reason only of a vacancy in its membership or a defect in the appointment of a member.\n14—Procedures of Teachers Registration Board\n\t(1)\tA quorum of the Teachers Registration Board consists of one half the total number of its members (ignoring any fraction resulting from the division) plus 1 .\n\t(2)\tIf the presiding member and deputy presiding member of the Teachers Registration Board are both absent from a meeting of the Board, a member chosen by the members present at the meeting will preside.\n\t(3)\tA decision carried by a majority of the votes cast by the members present at a meeting of the Teachers Registration Board is a decision of the Board.\n\t(4)\tEach member present at a meeting of the Teachers Registration Board has 1 vote on any question arising for decision.\n\t(5)\tA conference by telephone or other electronic means between the members of the Teachers Registration Board will, for the purposes of this section, be taken to be a meeting of the Board at which the participating members are present if—\n\t(a)\tnotice of the conference is given to all members in the manner determined by the Board for the purpose; and\n\t(b)\teach participating member is capable of communicating with every other participating member during the conference.\n\t(6)\tA proposed resolution of the Teachers Registration Board becomes a valid decision of the Board despite the fact that it is not voted on at a meeting of the Board if—\n\t(a)\tnotice of the proposed resolution is given to all members of the Board in accordance with procedures determined by the Board; and\n\t(b)\ta majority of the members express concurrence in the proposed resolution by letter, facsimile transmission, e-mail or other written communication setting out the terms of the resolution.\n\t(7)\tThe Teachers Registration Board must have accurate minutes kept of its meetings.\n\t(8)\tSubject to this Act, the Teachers Registration Board may determine its own procedures.\n15—Registrar of Teachers Registration Board\n\t(1)\tThere will be a Registrar of the Teachers Registration Board. \n\t(2)\tThe Registrar will be appointed by the Governor.\n\t(4)\tThe Registrar is responsible for—\n\t(a)\tmanaging the staff and resources of the Teachers Registration Board; and\n\t(b)\tgiving effect to the policies and decisions of the Board; and\n\t(c)\tcarrying out such other functions as may be conferred on the Registrar under this or any other Act.\n15A—Appointment of acting Registrar\n\t(1)\tThe Teachers Registration Board may appoint a person to act as the Registrar during any period for which—\n\t(a)\tno person is for the time being appointed as the Registrar; or\n\t(b)\tthe Registrar is absent from, or unable to discharge, official duties.\n\t(3)\tThe terms and conditions of appointment of the person appointed to act as the Registrar will be determined by the Teachers Registration Board.\n15B—Teachers Registration Board may employ staff\n\t(1)\tThe Teachers Registration Board may employ such staff as the Teachers Registration Board thinks appropriate.\n\t(2)\tThe terms and conditions of employment of a person employed under subsection (1) will be determined by the Teachers Registration Board.\n\t(3)\tA person employed under this section is not a Public Service employee.\n\t(4)\tThe Teachers Registration Board may, by agreement with the Minister responsible for an administrative unit of the Public Service, make use of the services of the staff, equipment or facilities of that administrative unit.\n16—Committees\n\t(1)\tThe Teachers Registration Board may establish committees—\n\t(a)\tto advise the Board on any matter; or\n\t(b)\tto carry out functions on behalf of the Board.\n\t(2)\tThe procedures to be observed in relation to the conduct of the business of a committee will be—\n\t(a)\tas determined by the Teachers Registration Board;\n\t(b)\tinsofar as a procedure is not determined under paragraph (a)—as determined by the relevant committee.\n\t(3)\tThe regulations may make further provision in relation to committees (including, without limiting the generality of this subsection, provisions allowing persons other than Board members to be appointed to a committee established for the purposes of Part 5 or 7).\n17—Delegations\n\t(1)\tThe Teachers Registration Board may delegate a function or power of the Board under this Act to—\n\t(a)\ta member of the Board; or\n\t(b)\tthe Registrar; or\n\t(c)\ta committee of the Board.\n\t(2)\tThe Teachers Registration Board may only delegate the holding of an inquiry under Part 7 to a committee that is comprised of not less than 3 persons, of whom—\n\t(a)\t2 must be members of the Board (1 of whom must be a practising teacher); and\n\t(b)\t1 must be a legal practitioner (whether or not a member of the Board).\n\t(2a)\tThe Registrar may delegate a function or power of the Registrar under this Act to a specified person or body.\n\t(3)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in any matter; and\n\t(d)\tis revocable at will.\n18—Accounts and audit\n\t(1)\tThe Teachers Registration Board must keep proper accounting records in relation to its financial affairs, and must have annual statements of account prepared in respect of each financial year.\n\t(2)\tThe Auditor-General may at any time, and must at least once in each year, audit the accounts of the Teachers Registration Board.\n19—Annual report\n\t(1)\tThe Teachers Registration Board must, on or before 30 September in each year, deliver to the Minister a report on the administration of this Act and the work of the Board during the 12 months ending on the preceding 30 June.\n\t(2)\tThe report must—\n\t(a)\tincorporate the audited accounts of the Teachers Registration Board for the relevant financial year; and\n\t(b)\tinclude details of any delegation of a function or power of the Teachers Registration Board that was in operation during the relevant financial year.\n\t(3)\tThe Minister must, within 12 sitting days after receiving a report under this section, have copies of the report laid before both Houses of Parliament.\nPart 3A—Initial teacher education programs\n19A—Accreditation of initial teacher education programs\n\t(1)\tThe Teachers Registration Board may, on the application of a person or body, accredit a program of initial teacher education in accordance with this section.\n\t(2)\tAn application under this section—\n\t(a)\tmust be made in a manner and form determined by the Teachers Registration Board; and\n\t(b)\tmust be accompanied by such documents and information as may be reasonably required by the Teachers Registration Board; and\n\t(c)\tmust be accompanied by the prescribed fee.\n\t(3)\tIn determining an application under this section, the Teachers Registration Board—\n\t(a)\tmust apply the prescribed accreditation standards (and may apply such other standards or requirements as the Teachers Registration Board thinks appropriate); and\n\t(b)\tmust comply with any other requirements set out in the regulations.\n\t(4)\tIn this section—\nprescribed accreditation standards means the accreditation standards prescribed by the regulations, as in force from time to time.\nPart 4—Requirement to be registered\n20—Requirement to be registered\n\t(1)\tA person must not, for payment or other consideration, personally provide, or offer to provide, pre-school education, or primary or secondary education, unless the person is a registered teacher.\nMaximum penalty: $5 000.\n\t(2)\tA person must not perform the duties of a principal at a school, or of a director of a prescribed service, unless the person is a registered teacher.\nMaximum penalty: $5 000.\n\t(3)\tA person (the employer) must not—\n\t(a)\temploy a person (the employee)—\n\t(i)\tto personally provide, or offer to provide, pre-school education, or primary or secondary education; or\n\t(ii)\tas a principal of a school; or\n\t(iii)\tas a director of a prescribed service; or\n\t(b)\trequire or allow a person employed by the employer (the employee) to—\n\t(i)\tpersonally provide, or offer to provide, pre-school education, or primary or secondary education; or\n\t(ii)\tperform the duties of a principal of a school; or\n\t(iii)\tperform the duties of a director of a prescribed service,\nunless the employee is a registered teacher.\nMaximum penalty: $10 000.\n\t(4)\tHowever, subsections (1) to (3) (inclusive) do not apply in relation to—\n\t(a)\ta person acting in accordance with a special authority to teach granted by the Teachers Registration Board under Part 6; or\n\t(b)\ta person, or person of a class, prescribed by the regulations.\n\t(5)\tFor the purposes of subsection (3)(a), a reference to employing a person will, in the case where an employee's registration as a teacher is suspended or cancelled, or the person is disqualified from being registered as a teacher, after their initial employment, be taken not to include a reference to the continued employment of the person.\n\t(6)\tA person must not claim to be a registered teacher unless the person is, in fact, a registered teacher.\nMaximum penalty: $5 000.\nPart 5—Registration\n21—Eligibility for registration\n\t(1)\tSubject to this Act, a person is eligible for registration as a teacher if—\n\t(a)\tthe person has qualifications and experience—\n\t(i)\tprescribed by regulation; or\n\t(ii)\tdetermined by the Teachers Registration Board to be appropriate for registration; and\n\t(b)\tthe person has met any other requirements for registration—\n\t(i)\tprescribed by regulation or contained in professional standards for teachers; or\n\t(ii)\tdetermined by the Teachers Registration Board to be necessary for registration; and\n\t(c)\ta working with children check has been conducted in relation to the person within the preceding 5 years; and\n\t(d)\tthe person is not a prohibited person; and\n\t(e)\tthe person is otherwise a fit and proper person to be a registered teacher.\n\t(2)\tSubject to this Act, a person is eligible for provisional registration as a teacher if the person does not have the necessary experience but is otherwise eligible for registration under subsection (1).\n22—Application for registration\n\t(1)\tAn application for registration as a teacher must—\n\t(a)\tbe made to the Teachers Registration Board in the manner and form prescribed by regulation or approved by the Board; and\n\t(b)\tbe accompanied by the prescribed fee.\n\t(2)\tAn applicant for registration must—\n\t(a)\tconsent to the conduct by the Teachers Registration Board of a criminal record check relating to the applicant; and\n\t(ab)\tprovide evidence of a kind determined by the Board that a working with children check has been conducted in relation to the applicant within the preceding 5 years; and\n\t(b)\tif the Board so requires for the purpose of determining whether the applicant's capacity to teach is seriously impaired by an illness or disability affecting the applicant's behaviour or competence as a teacher—\n\t(i)\tsubmit to a medical examination by a medical practitioner selected by the applicant from a panel of medical practitioners nominated by the Board; and\n\t(ii)\tprovide, or authorise the medical practitioner to provide, a report on the results of the medical examination to the Board; and\n\t(c)\tprovide the Board with any information required by the Board for the purposes of determining the application, verified, if the Board so requires, by statutory declaration.\n\t(3)\tAn applicant for registration must pay, in addition to the prescribed fee, an amount specified by the Teachers Registration Board, being an amount payable by the Board for the conduct by the Board of a criminal record check relating to the applicant.\n\t(4)\tAn application for renewal of registration must be made not less than 1 month before the expiry of the registration.\n23—Grant of registration\n\t(1)\tThe Teachers Registration Board may, on application under this Part, grant registration to the applicant if satisfied that the applicant is eligible for registration as a teacher.\n\t(2)\tThe Teachers Registration Board may, on application under this Part, grant provisional registration to the applicant if satisfied that the applicant is eligible for provisional registration as a teacher.\n\t(3)\tThe Teachers Registration Board may, on application under this Part, grant provisional registration to the applicant if—\n\t(a)\tthe applicant has the necessary qualifications and experience but has not met requirements under section 21(1)(b); and\n\t(b)\tthe Board is satisfied that the applicant should be granted provisional registration.\n\t(4)\tThe Teachers Registration Board is not required, if it has assessed a person's qualifications or experience to be appropriate for registration, to assess the person's qualifications or experience again on a subsequent application by the person.\n24—Conditions of registration\n\t(a1)\tIt is a condition of every registration that a working with children check be conducted in relation to the person at least once in each 5 year period.\n\t(1)\tThe Teachers Registration Board may impose conditions of registration which may include (but are not limited to) the following:\n\t(a)\tconditions requiring the person to complete a course or acquire experience as a teacher;\n\t(b)\tconditions requiring the supervision of the person;\n\t(c)\tconditions restricting the subjects that the person may teach;\n\t(d)\tconditions restricting the education that the person may provide;\n\t(e)\tconditions limiting the period for which the registration remains in force;\n\t(f)\tconditions requiring the provision of further evidence as to competence.\n\t(2)\tWithout limiting the effect of subsection (1), the Teachers Registration Board must—\n\t(a)\tmake it a condition of every registration that—\n\t(i)\tif the person is charged with or convicted of an offence of a kind specified in the condition (which may include offences under the law of South Australia or elsewhere), the person must, within 14 days, give written notice of the charge or conviction to the Board containing the details specified in the condition; and\n\t(ii)\tif the person is dismissed from employment as a practising teacher in response to allegations of unprofessional conduct, or resigns from employment as a practising teacher following allegations of unprofessional conduct, the person must, within 14 days, give written notice of the person's dismissal or resignation to the Board containing the details specified in the condition; and\n\t(iia)\tif the person is dismissed from employment as a practising teacher in response to allegations of incompetence (however described), or resigns from employment as a practising teacher following allegations of incompetence (however described), the person must, within 14 days, give written notice of the person's dismissal or resignation to the Board containing the details specified in the condition; and\n\t(iii)\tif the person is dismissed from any employment in response to allegations of improper conduct relating to a child, or resigns from employment following allegations of improper conduct relating to a child, the person must, within 14 days, give written notice of the person's dismissal or resignation to the Board containing the details specified in the condition; and\n\t(b)\tmake it a condition of every provisional registration that the person acquire the experience or meet the requirements (as the case may be) necessary for the person to be eligible for registration under section 21(1); and\n\t(c)\tmake it a condition of every registration that if—\n\t(i)\tthe person becomes a prohibited person; or\n\t(ii)\tmore than 5 years have elapsed since a working with children check has been conducted in relation to the person,\nthe person must, within 14 days after the person becomes aware of the fact, give written notice of that fact to the Board containing the details specified in the condition.\n\t(3)\tThe Teachers Registration Board may, on application or by written notice, vary or revoke a condition (other than the condition imposed by subsection (a1)), or impose a condition, of a person's registration as a teacher.\n24A—Automatic cancellation of registration of prohibited persons\n\t(1)\tSubject to this section, the registration of a teacher is, by force of this section, cancelled if the teacher becomes a prohibited person.\n\t(2)\tThe cancellation of a teacher's registration under this section will be taken to have effect—\n\t(a)\tin the case where the teacher becomes a prohibited person on the issue of a prohibition notice under the Child Safety (Prohibited Persons) Act 2016—on the day the prohibition notice is issued to the person under that Act; or\n\t(b)\tin the case where the teacher becomes a prohibited person by virtue of having been prohibited from working with children under a law of the Commonwealth, or of another State or Territory—on the day from which the teacher is so prohibited; or\n\t(c)\tin the case where the teacher becomes a prohibited person by virtue of having been found guilty of a prescribed offence (within the meaning of the Child Safety (Prohibited Persons) Act 2016) committed as an adult—on the day on which the finding of guilt is made.\n\t(3)\tIf the issue of the prohibition notice to the teacher is set aside by the South Australian Civil and Administrative Tribunal or any other court, the cancellation of the teacher's registration under this section will be taken to be void and of no effect (and the Teachers Registration Board must take steps as may be necessary to give effect to this subsection).\n25—Offence to contravene certain conditions of registration\nIf a registered teacher contravenes a condition of the person's registration that requires the Teachers Registration Board to be notified of a matter or imposes a restriction on the practice of teaching by the person, the person is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n26—Term of registration\n\t(1)\tSubject to this Act, registration as a teacher remains in force—\n\t(a)\tuntil 31 January in the fifth year following the year in which the registration was granted or last renewed; or\n\t(b)\tif the registration is subject to a condition limiting the period for which it remains in force to a lesser period—for that period.\n\t(2)\tThe Teachers Registration Board may, if it thinks fit, on granting registration, determine that the term of the registration commences from the end of a preceding term of registration.\n26A—Annual fee\n\t(1)\tA registered teacher (including a teacher whose registration has been suspended) must, in each year, pay to the Teachers Registration Board an annual fee in accordance with the regulations.\n\t(2)\tWithout limiting the matters that may be dealt with in the regulations, the regulations may—\n\t(a)\tprescribe the fee; and\n\t(b)\tfix the day of the month on or before which the fee is to be paid in each year; and\n\t(c)\tfix the period of 12 months (the annual fee period) in respect of which the fee is to be paid; and\n\t(d)\tmake provisions of a saving or transitional nature in respect of annual fees.\n\t(3)\tIf a registered teacher fails to pay the annual fee in accordance with the regulations, the Teachers Registration Board may, by written notice, require the registered teacher to make good the default as specified in the notice and, in addition, pay to the Teachers Registration Board the amount prescribed as a penalty for default.\n\t(4)\tIf a registered teacher fails to comply with a notice under subsection (3), the Teachers Registration Board may, by further written notice, suspend the teacher's registration until the notice has been complied with.\n27—Requirement for provision of information\n\t(1)\tThe Teachers Registration Board or the Registrar may, at any time, require a registered teacher or the employer or a former employer of a registered teacher to provide information relating to the teacher or the teacher's employment.\n\t(2)\tA person who fails to comply with a requirement under this section is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tFor the purposes of this section, a reference to a registered teacher will be taken to include a reference to a person who was, but is no longer, a registered teacher.\n28—Register\n\t(1)\tThe Teachers Registration Board must keep a register of persons registered under this Part.\n\t(2)\tThe register must include, in relation to each registered person—\n\t(a)\tthe person's full name, personal address and business address (if any); and\n\t(b)\tthe qualifications for registration held by the person; and\n\t(ba)\tthe person's unique identifier; and\n\t(bb)\tdetails of the most recent working with children check conducted in relation to the person (if known); and\n\t(bc)\tdetails of any highly accomplished or lead teacher certification held by the person from time to time; and\n\t(c)\tdetails of any specialist qualifications held by the person and determined by the Teachers Registration Board to be appropriate for inclusion on the register; and\n\t(d)\tdetails of any condition of the person's registration; and\n\t(e)\tthe expiry date of the person's registration; and\n\t(f)\tthe person's registration number; and\n\t(g)\tdetails concerning the outcome of any action taken against the person by the Board under Part 7,\nand may include other information as the Board thinks fit.\n\t(3)\tThe Registrar will be responsible to the Teachers Registration Board for the form and maintenance of the register.\n\t(4)\tA registered person must, within 28 days after changing name or address, inform the Registrar in writing of the change.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(4a)\tA registered person must, as soon as is reasonably practicable after a working with children check is conducted in relation to the person (but in any event within 7 days), inform the Registrar in writing of that fact, and provide such details relating to the working with children check as the Registrar may require.\n\t(5)\tThe Registrar may remove or correct an entry in the register as required without giving notice to any person.\n\t(6)\tThe Registrar must—\n\t(a)\tmake a record of the full name of each registered teacher and the information entered in the register under subsection (2)(b), (c),  (d),  (e) and (f) in relation to the teacher available for inspection on application to the Registrar; and\n\t(b)\tmake a record of the full name of each registered teacher and the information entered in the register under subsection (2)(e) and (f) in relation to the teacher available for inspection on a website established by the Board.\n\t(7)\tAn apparently genuine document purporting to be signed by the Registrar stating that, at a specified date, or during a specified period—\n\t(a)\ta specified person was registered under this Part unconditionally or subject to specified conditions; or\n\t(b)\ta specified person was not registered under this Part,\nwill, in any legal proceedings, constitute proof of the matters stated in the document in the absence of proof to the contrary.\n29—Certificates of registration\n\t(1)\tThe Registrar must, on the registration of a person as a teacher, issue to the person a certificate of registration in a form approved by the Teachers Registration Board that includes the following information:\n\t(a)\tthe person's full name and registration number; and\n\t(b)\tthe conditions (if any) of the registration; and\n\t(c)\tthe expiry date of the registration; and\n\t(d)\tany other information the Board thinks fit.\n\t(2)\tA registered teacher must, within 28 days after—\n\t(a)\ta condition of the person's registration has been varied or revoked; or\n\t(b)\tany other change in the information recorded in the certificate of registration has occurred; or\n\t(c)\tthe registration has been suspended or cancelled,\nreturn the certificate of registration to the Registrar.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(3)\tOn receipt of a certificate of registration under subsection (2), the Registrar must—\n\t(a)\tif the person's registration has been cancelled, destroy the certificate; or\n\t(b)\tif the person's registration has been suspended, retain the certificate until the end of the period of suspension, and then return the certificate to the person; or\n\t(c)\tin any other case, unless the Registrar determines otherwise, alter the certificate or issue a new certificate.\nPart 6—Special authority for unregistered person to teach\n30—Special authority for unregistered person to teach\n\t(1)\tThe Teachers Registration Board may, on application by a person who is not a registered teacher, in its discretion, grant the applicant a special authority to teach for a period and subject to conditions specified by the Board (which must include conditions limiting the places or circumstances in which the person may teach under the special authority).\n\t(1a)\tIt is a condition of every special authority that a working with children check be conducted in relation to the person at least once in each 5 year period.\n\t(2)\tWithout otherwise limiting the discretion of the Board under subsection (1), the Teachers Registration Board may only grant a person a special authority if—\n\t(a)\tthe person is not a prohibited person under the Child Safety (Prohibited Persons) Act 2016; and\n\t(b)\ta working with children check has been conducted in relation to the person within the preceding 5 years; and\n\t(c)\tthe person consents to the conduct by the Board of a criminal record check relating to the person; and\n\t(ca)\tthe person is otherwise a fit and proper person to be granted a special authority to teach; and\n\t(d)\tthe person has met any other requirements prescribed by regulation for the purposes of this subsection.\n\t(3)\tAn application for a special authority must—\n\t(a)\tbe made to the Teachers Registration Board in the manner and form approved by the Board; and\n\t(ab)\tbe accompanied by evidence of a kind determined by the Board that a working with children check has been conducted in relation to the person within the preceding 5 years; and\n\t(b)\tbe accompanied by the prescribed fee.\n\t(3a)\tAn applicant for a special authority must pay, in addition to the prescribed fee, an amount specified by the Teachers Registration Board, being an amount payable by the Board for the conduct by the Board of a criminal record check relating to the applicant.\n\t(4)\tAn applicant for a special authority must provide the Teachers Registration Board with any information required by the Board for the purposes of determining the application, verified, if the Board so requires, by statutory declaration.\n\t(5)\tThe Teachers Registration Board may, in its discretion and without any requirement for a hearing or other process, by written notice to the holder of a special authority, vary or revoke the special authority.\n31—Register\n\t(1)\tThe Teachers Registration Board must keep a register of persons granted a special authority to teach under this Part.\n\t(2)\tThe register must include, in relation to each such person—\n\t(a)\tthe person's full name, personal address and business address (if any); and\n\t(b)\tthe qualifications (if any) held by the person determined by the Teachers Registration Board to be relevant to the person's activities under the special authority to teach; and\n\t(c)\tthe number of the person's special authority to teach; and\n\t(d)\tthe person's unique identifier; and\n\t(e)\tdetails of the most recent working with children check conducted in relation to the person (if known); and\n\t(f)\tdetails of any condition of the person's special authority to teach; and\n\t(g)\tthe expiry date of the person's special authority to teach; and\n\t(h)\tdetails concerning the outcome of any action taken against the person by the Board under this Act,\nand may include other information as the Teachers Registration Board thinks fit.\n\t(3)\tThe Registrar will be responsible to the Teachers Registration Board for the form and maintenance of the register.\n\t(4)\tThe holder of a special authority to teach must, within 28 days after changing name or address, inform the Registrar in writing of the change.\nMaximum penalty: $1 250.\nExpiation fee: $160.\n\t(5)\tThe holder of a special authority to teach must, as soon as is reasonably practicable after a working with children check is conducted in relation to the person (but in any event within 14 days), inform the Registrar in writing of that fact, and provide such details relating to the working with children check as the Registrar may require.\n\t(6)\tThe Registrar may remove or correct an entry in the register as required without giving notice to any person.\n\t(7)\tThe Registrar must—\n\t(a)\tmake a record of the full name of each person granted a special authority to teach and the information entered in the register under subsection (2)(b), (f) and (g) in relation to the teacher available for inspection on application to the Registrar; and\n\t(b)\tmake a record of the full name of each person granted a special authority to teach and the information entered in the register under subsection (2)(f) and (g) in relation to the person available for inspection on a website established by the Teachers Registration Board.\n\t(8)\tAn apparently genuine document purporting to be signed by the Registrar stating that, at a specified date, or during a specified period—\n\t(a)\ta specified person was the holder of a special authority to teach granted under this Part that was unconditional or subject to specified conditions; or\n\t(b)\ta specified person was not the holder of a special authority to teach granted under this Part,\nwill, in any legal proceedings, constitute proof of the matters stated in the document in the absence of proof to the contrary.\n31A—Requirement for provision of information\n\t(1)\tThe Teachers Registration Board or the Registrar may, at any time, require a holder of a special authority to teach, or the employer or a former employer of such a person, to provide information relating to the person or the person's employment.\n\t(2)\tA person who fails to comply with a requirement under this section is guilty of an offence.\nMaximum penalty: $5 000.\nExpiation fee: $315.\n\t(3)\tFor the purposes of this section, a reference to a holder of a special authority to teach will be taken to include a reference to a person who was, but is no longer, the holder of a special authority to teach.\nPart 6A—Codes of conduct and professional standards\n31B—Codes of conduct and professional standards\n\t(1)\tThe Teachers Registration Board may, by notice in the Gazette, publish or adopt codes of conduct and professional standards (or both) for the purposes of this Act.\n\t(2)\tThe Teachers Registration Board may, from time to time, by notice in the Gazette, vary, substitute or revoke a code of conduct published or adopted under this section.\n\t(3)\tA copy of any code of conduct published or adopted under this section, as varied or substituted from time to time—\n\t(a)\tmust be published on a website determined by the Teachers Registration Board; and\n\t(b)\tmust be made available for inspection without charge at the place or places determined by the Teachers Registration Board.\n31C—Recognition of quality teaching and educational leadership\n\t(1)\tThe Teachers Registration Board may, in accordance with any requirements set out in the regulations—\n\t(a)\taccredit, certify or otherwise recognise attainment by teachers of levels of proficiency and accomplishment in the teaching profession and educational leadership; and\n\t(b)\tvary or revoke an accreditation, certificate or other recognition; and\n\t(c)\tpublish information about an accreditation, certificate or other recognition, or a variation or revocation of an accreditation, certificate or other recognition.\n\t(2)\tWithout limiting the generality of the regulations that may be made under subsection (1), the regulations may apply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Teachers Registration Board or another specified person or body.\nPart 7—Action to deal with unprofessional conduct or incapacity of teachers\n32—Application and interpretation\n\t(1)\tThis Part applies to conduct engaged in by a teacher whether before or after the commencement of this Act and whether within or outside South Australia.\n\t(2)\tIn this Part—\nteacher means a person who is or has been employed as a teacher whether or not the person is or has been registered as a teacher under this Act or the repealed provisions.\n32A—Constitution of Teachers Registration Board for purposes of Part\nExcept where the contrary intention appears, the Teachers Registration Board may, in exercising a function or power under this Part, be constituted of not less than 3 members, 1 of whom must be a practising teacher and 1 a legal practitioner.\n33—Cause for disciplinary action\n\t(1)\tThere is proper cause for disciplinary action against a teacher if—\n\t(a)\tthe teacher has improperly obtained registration as a teacher; or\n\t(b)\tthe teacher has been guilty of unprofessional conduct; or\n\t(ba)\ta working with children check has not been conducted in relation to the teacher within the preceding 5 years; or\n\t(c)\tthe teacher is not a fit and proper person to be a registered teacher; or\n\t(d)\tthe teacher's registration or other authority to teach has been suspended, cancelled or otherwise withdrawn by another teacher regulatory authority.\n\t(2)\tIn determining whether there is proper cause for disciplinary action against a teacher, regard may be had to any evidence of the teacher's conduct that the Teachers Registration Board considers relevant (no matter when the conduct is alleged to have occurred), including information that existed at the time of registration, or extension of registration, of the teacher under this Act or the repealed provisions, regardless of whether that information was before or could have been before the registering body at that time.\n33A—Suspension of teacher's registration if working with children check not current etc\n\t(1)\tThe Registrar may, if satisfied that a working with children check has not been conducted in relation to a registered teacher within the preceding 5 years, by notice in writing served personally on the teacher, suspend (without any requirement for a hearing or other process) the registration of the teacher.\n\t(2)\tA suspension under this section has effect—\n\t(a)\tuntil the fulfilment of specified conditions or until further order of the Teachers Registration Board or Registrar; or\n\t(b)\tif the teacher's registration is cancelled under section 35(2)—until that cancellation has effect,\nwhichever occurs first.\n\t(3)\tTo avoid doubt, a suspension of a teacher's registration under this section has effect whether or not an appeal has, or is to be, instituted against the decision to suspend the registration of the teacher.\n34—Registrar may conduct investigation\n\t(1)\tThe Registrar, or a person authorised by the Registrar, may, for the purpose of determining whether there is a basis for the Registrar to make a complaint to the Teachers Registration Board under this Part, require a person—\n\t(a)\tto answer questions and to be present or attend a specified place and time for that purpose;\n\t(b)\tto provide information or to produce material for inspection.\n\t(1a)\tA person who fails, without reasonable excuse, to comply with a requirement under subsection (1) is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 1 year.\n\t(1b)\tWithout limiting subsection (1) or any other provision of this Act, the Registrar, or a person authorised by the Registrar, may, if the Registrar has reasonable grounds to suspect that a teacher's capacity to teach is seriously impaired by an illness or disability affecting the teacher's behaviour or competence as a teacher, require the teacher to—\n\t(a)\tsubmit to a medical examination by a medical practitioner selected by the teacher from a panel of medical practitioners nominated by the Teachers Registration Board; and\n\t(b)\tprovide, or authorise the medical practitioner to provide, a report on the results of the medical examination to the Registrar.\n\t(2)\tThe Registrar or other person acting under this section may retain any material produced under this section for such reasonable period as he or she thinks fit, and make copies of the material, or any of its contents.\n\t(3)\tThe Teachers Registration Board may, if a teacher refuses or fails to comply with a requirement under this section, suspend (without any requirement for a hearing or other process) the registration of the teacher.\n\t(3a)\tA suspension under this section has effect—\n\t(a)\tuntil the fulfilment of specified conditions or until further order of the Teachers Registration Board; or\n\t(b)\tif the teacher's registration is cancelled under section 35(2)—until that cancellation has effect,\nwhichever occurs first.\n\t(3b)\tTo avoid doubt, a suspension of a teacher's registration under this section has effect whether or not an appeal has, or is to be, instituted against the decision to suspend the registration of the teacher.\n\t(4)\tThis section does not limit or affect a power of investigation or inquiry that exists apart from this section.\n34A—Suspension of registration where teacher charged with certain offences or unacceptable risk to children\n\t(1)\tThe Registrar may, by notice in writing served personally on a registered teacher—\n\t(a)\tsuspend the registration of the teacher; or\n\t(b)\tvary the conditions of the teacher's registration (including by imposing conditions),\nif—\n\t(c)\tthe Registrar becomes aware that the teacher has been charged with a prescribed offence; or\n\t(d)\tthe Registrar reasonably suspects that the teacher poses an unacceptable risk to children.\n\t(2)\tThe Teachers Registration Board must, not later than 60 days after a notice is served on a teacher under subsection (1), review the suspension or variation (as the case requires) and may, on completion of the review—\n\t(a)\tconfirm the suspension or variation; or\n\t(b)\tcancel the suspension or variation.\n\t(3)\tIf the Teachers Registration Board refuses or fails to conduct a review within the period required under subsection (2), the suspension or variation (as the case requires) will, by force of this subsection, be taken to be cancelled at the end of that period.\n\t(4)\tSubject to this section, a suspension or variation under this section has effect until—\n\t(a)\tif an inquiry is commenced under section 35 in respect of the matter to which the suspension or variation relates—\n\t(i)\tif the Teachers Registration Board determines that there is proper cause for disciplinary action against the teacher in relation to the matter—the Teachers Registration Board takes action under section 35(2);\n\t(ii)\tif the Teachers Registration Board determines that there is no proper cause for disciplinary action against the teacher in relation to the matter—that determination; or\n\t(b)\t120 days after the day on which the last charge to which the suspension or variation relates has been withdrawn or finally determined by a court; or\n\t(c)\tit is cancelled under subsection (2), (3) or (6),\nwhichever occurs first.\n\t(5)\tThis section applies—\n\t(a)\tin relation to conduct occurring before or after the commencement of this section; or\n\t(b)\twhether the teacher was charged with the relevant prescribed offence before or after the commencement of this section.\n\t(6)\tThe Teachers Registration Board may, on application, or by written notice at any time (including on a review by the Board under subsection (2)), cancel a suspension, or vary or cancel a condition varied or imposed on the registration of a teacher, under this section.\n\t(8)\tFor the purposes of this section, the Registrar and the Teachers Registration Board—\n\t(a)\tare not (except in a review under subsection (2)) required to provide procedural fairness; and\n\t(b)\tare not bound by the rules of evidence and may inform themselves on any matter as they think fit; and\n\t(c)\tmay, subject to this Act, determine their own procedures.\n35—Inquiries and disciplinary action\n\t(1)\tThe Teachers Registration Board may, on complaint by the Registrar or of its own motion, hold an inquiry to determine whether conduct of a teacher constitutes proper cause for disciplinary action.\n\t(2)\tIf, after conducting an inquiry under this section, the Teachers Registration Board is satisfied on the balance of probabilities that there is proper cause for disciplinary action against the teacher, the Board may do one or more of the following:\n\t(a)\treprimand the teacher;\n\t(b)\torder the teacher to pay a fine not exceeding $5 000;\n\t(c)\tin the case of a registered teacher—\n\t(i)\timpose conditions of the teacher's registration;\n\t(ii)\tsuspend the teacher's registration for a specified period or until the fulfilment of specified conditions or until further order;\n\t(iii)\tcancel the teacher's registration with immediate effect or effect at a future specified date;\n\t(d)\tdisqualify the teacher from being registered as a teacher permanently or for a specified period or until the fulfilment of specified conditions or until further order.\n\t(3)\tA fine imposed under subsection (2) is recoverable by the Teachers Registration Board as a debt.\n36—Punishment of conduct that constitutes offence\n\t(1)\tIf conduct constitutes an offence and also proper cause for disciplinary action, the taking of disciplinary action under this Part is not a bar to conviction and punishment for the offence, nor is conviction and punishment for the offence a bar to disciplinary action under this Part.\n\t(2)\tHowever, if—\n\t(a)\ta person has been found guilty of an offence; and\n\t(b)\tcircumstances of the offence are the subject matter of an inquiry under this Part,\nthe person is not liable to a fine under this Part in respect of conduct giving rise to the offence.\n37—Employer to notify Teachers Registration Board of certain matters relating to practising teachers\n\t(1)\tAn employer of a practising teacher must notify the Teachers Registration Board if—\n\t(a)\tthe employer dismisses the teacher for 1 or more of the following reasons:\n\t(i)\tthe teacher is a prohibited person;\n\t(ii)\ta working with children check has not been conducted in relation to the teacher within the preceding 5 years;\n\t(iii)\tin response to an allegation of unprofessional conduct made against the teacher;\n\t(iv)\tincompetence (however described);\n\t(v)\tany other reason prescribed by the regulations; or\n\t(b)\tthe employer accepts the resignation of the teacher arising out of 1 or more of the reasons referred to in paragraph (a).\n\t(2)\tAn employer of a practising teacher must notify the Teachers Registration Board if the employer becomes aware of any of the following in relation to the teacher:\n\t(a)\tthat the teacher's capacity to teach is, or may be, seriously impaired by an illness or disability affecting the person's behaviour or competence as a teacher;\n\t(b)\tthat an allegation of unprofessional conduct is made against the teacher;\n\t(c)\tthe teacher is not, in the opinion of the employer, a fit and proper person to be a registered teacher;\n\t(d)\tany other matter of a kind prescribed by the regulations.\n\t(3)\tA person who was, but is no longer, the employer of a practising teacher must notify the Teachers Registration Board if the person becomes aware of any of the following in relation to the teacher within the 12 months immediately after the person ceases to be the employer of the teacher:\n\t(a)\tthat an allegation of unprofessional conduct is made against the teacher;\n\t(b)\tany other matter of a kind prescribed by the regulations.\n\t(4)\tA notification under this section—\n\t(a)\tmust be made in a manner and form determined by the Teachers Registration Board; and\n\t(b)\tmust be made as soon as is reasonably practicable (and in any case within 7 days) after the employer becomes aware of the relevant matter; and\n\t(c)\tmust include such information as may be reasonably required by the Teachers Registration Board in respect of notifications of the relevant kind; and\n\t(d)\tmust comply with any other requirements in the regulations.\n\t(5)\tA person who, without reasonable excuse, refuses or fails to comply with a requirement under this section is guilty of an offence.\nMaximum penalty: $10 000.\n\t(6)\tNo liability attaches to an employer or other person in respect of a notification made, or purportedly made, under this section.\n\t(7)\tFor the purposes of this section, a reference to a registered teacher or teacher will be taken to include a reference to a person granted a special authority to teach under Part 6 (whether or not the special authority has expired).\n38—Action by Teachers Registration Board to deal with impairment of teacher's capacity\n\t(1)\tThe Teachers Registration Board may, on complaint by the Registrar or of its own motion, hold an inquiry to determine whether a teacher's capacity to teach is seriously impaired by an illness or disability affecting the person's behaviour or competence as a teacher.\n\t(2)\tThe Teachers Registration Board may, during the course of an inquiry under this section, require the teacher—\n\t(a)\tto undergo a medical examination by a medical practitioner selected by the teacher from a panel of medical practitioners nominated by the Board; and\n\t(b)\tto provide, or authorise the medical practitioner to provide, a report on the results of the medical examination to the Board.\n\t(3)\tIf the teacher refuses or fails, without reasonable excuse, to comply with a requirement under subsection (2), the Teachers Registration Board may suspend the teacher's registration until the teacher complies with the requirement.\n\t(4)\tThe Teachers Registration Board must furnish the teacher with a copy of any report on the results of a medical examination required under this section.\n\t(5)\tIf, after conducting an inquiry under this section, the Teachers Registration Board is satisfied on the balance of probabilities that the teacher's capacity to teach is seriously impaired by an illness or disability affecting the person's behaviour or competence as a teacher, the Board may do one or more of the following:\n\t(a)\timpose conditions of the teacher's registration;\n\t(b)\tsuspend the teacher's registration for a specified period or until the fulfilment of specified conditions or until further order;\n\t(c)\tcancel the teacher's registration with immediate effect or effect at a future specified date.\n40—Notification by Registrar of action or suspension etc under Part\n\t(1)\tThe Registrar must, as soon as practicable, give notice of the commencement of an inquiry under this Part, and then of the outcome of the inquiry, to—\n\t(a)\tthe person's employer if the person to whom the inquiry relates is a practising teacher; and\n\t(b)\tthe chief executives of the Department, the Catholic Education Office and the Association of Independent Schools of South Australia Incorporated; and\n\t(d)\tthe other teacher regulatory authorities in Australia and New Zealand; and\n\t(e)\tthe central assessment unit under the Child Safety (Prohibited Persons) Act 2016; and\n\t(f)\tany other person or body prescribed by the regulations for the purposes of this paragraph.\n\t(2)\tWithout limiting subsection (1), the Registrar must, as soon as practicable after suspending the registration of a teacher, or varying the conditions of a teacher's registration, under Part 5 or section 34A, give notice of that fact to each of the persons and bodies referred to in subsection (1).\n\t(3)\tWithout limiting a preceding subsection, the Registrar may, after suspending the registration of a teacher under section 33A, give notice of that fact to each of the persons and bodies referred to in subsection (1).\nPart 8—Provisions relating to proceedings of Teachers Registration Board\n41—Application\n\t(1)\tThis Part applies to proceedings of the Teachers Registration Board—\n\t(a)\ton an application under Part 5; or\n\t(b)\ton an inquiry under Part 7.\n\t(1a)\tThis Part does not apply to proceedings of the Teachers Registration Board under section 34A.\n\t(2)\tThis Part does not apply to an application that the Teachers Registration Board decides to grant without a hearing.\n42—Natural justice and right to be heard and to call evidence etc\n\t(1)\tThe Teachers Registration Board must observe the rules of natural justice in proceedings.\n\t(2)\tWithout limiting the effect of subsection (1), the Teachers Registration Board must—\n\t(a)\tgive the person to whom the proceedings relate at least 21 days' written notice of the time and place at which it intends to conduct the proceedings; and\n\t(b)\tif the proceedings are on an inquiry, include in the notice particulars of the allegations that are the subject of the inquiry; and \n\t(c)\tafford the person a reasonable opportunity to call and give evidence, to examine or cross-examine witnesses, and to make submissions to the Board.\n\t(3)\tThe requirement to give written notice does not extend to adjournments.\n\t(4)\tIf the person to whom the proceedings relate does not attend at the time and place fixed by the Teachers Registration Board for the commencement or resumption of the proceedings, the Board may proceed to hear and determine the matter in the absence of the person.\n43—Evidence and findings in other proceedings\nThe Teachers Registration Board may, in the course of proceedings—\n\t(a)\treceive in evidence a transcript of evidence taken in proceedings before a court, tribunal or other body constituted under the law of South Australia or any other place and draw conclusions of fact from the evidence that it considers proper;\n\t(b)\tadopt, as in its discretion it considers proper, any findings, decision, judgment, or reasons for judgment, of any such court, tribunal or body that may be relevant to the proceedings.\n44—Power to issue summons etc\n\t(1)\tThe Teachers Registration Board may, for the purpose of proceedings—\n\t(a)\tby summons signed on behalf of the Board by a member, or by the Registrar, require a person to appear before the Board or require material to be produced to the Board;\n\t(b)\tinspect material produced to it, and retain the material for such reasonable period as it thinks fit, and make copies of the material, or any of its contents;\n\t(c)\trequire a person appearing before the Board to make an oath or affirmation to answer truthfully all questions put to him or her relating to any matter in issue before the Board (which oath or affirmation may be administered by a member of the Board or the Registrar);\n\t(d)\trequire a person appearing before the Board to answer any relevant question.\n\t(2)\tOn the receipt of an application for the issue of a summons under this section, a member of the Teachers Registration Board or the Registrar may, without referring the matter to the Board, issue a summons on behalf of the Board.\n\t(3)\tIf a person—\n\t(a)\twho has been served with a summons to appear before the Teachers Registration Board fails, without reasonable excuse, to attend in accordance with the summons; or\n\t(b)\twho has been served with a summons to produce material fails, without reasonable excuse, to comply with the summons; or\n\t(c)\tmisbehaves during any proceedings, or interrupts any proceedings; or\n\t(d)\trefuses to answer a relevant question when required to do so under this section; or\n\t(e)\trefuses to be sworn or to affirm when required to do so under this section,\nthe person is guilty of an offence.\nMaximum penalty: $10 000 or imprisonment for 1 year.\n\t(4)\tIf a person summoned under this section fails to produce material or to appear as required by the summons, or having appeared before the Teachers Registration Board refuses to be sworn or to affirm, or to answer a relevant question when required to do so, the Registrar may sign a certificate of the failure or refusal and such a certificate may be filed in the District Court.\n\t(5)\tIf a certificate is filed under subsection (4), an application may be made to the District Court for an order directing that the material be produced or that the person appear, or be sworn or affirm, or answer questions (as the case may require), and, on that application, the District Court may make such orders as it thinks fit (including orders for costs).\n45—Principles governing proceedings\nIn proceedings, the Teachers Registration Board—\n\t(a)\tis not bound by the rules of evidence and may inform itself on any matter as it thinks fit; and\n\t(b)\tmay, of its own motion or on the application of a party, direct that the proceedings or a part of the proceedings be held in private; and\n\t(c)\tmay, subject to this Act, determine its own procedures.\n46—Protection of children etc\nIf evidence is to be given in proceedings by a student or a vulnerable witness within the meaning of section 13 of the Evidence Act 1929, the Teachers Registration Board should, before evidence is taken in the proceedings from the witness, determine whether an order should be made under that section.\n47—Representation at proceedings\nA party to proceedings is entitled to be represented at the hearing of those proceedings by a legal counsel or other person.\n48—Counsel to assist Teachers Registration Board\nThe Teachers Registration Board may be assisted by a legal counsel at the hearing of proceedings.\nPart 9—Appeals\n49—Right of appeal\n\t(1)\tA right of appeal to the Administrative and Disciplinary Division of the District Court lies against a decision of the Teachers Registration Board made in the exercise or purported exercise of a power under Part 5 or Part 7.\n\t(2)\tSubject to this section, an appeal must be instituted within one month of the making of the decision appealed against.\n\t(3)\tThe Teachers Registration Board must, on application by a person affected by a decision that may be the subject of an appeal, give the person a written statement of the reasons for its decision.\n\t(4)\tIf a written statement of the reasons for a decision are not given by the Teachers Registration Board at the time of making the decision and the person affected by the decision, within one month of the making of the decision, applies to the Board for a written statement of reasons for the decision, the time for instituting an appeal runs from the time when the person receives the written statement of reasons.\nPart 9A—Information sharing\n49A—Disclosure of information to prevent harm\nDespite a provision of this or any other Act or law, the Teachers Registration Board may disclose information obtained in the course of the administration or operation of this Act to an appropriate person or body if the Teachers Registration Board is of the opinion that to do so is reasonably necessary to prevent harm being caused to a child.\n49B—Sharing of information between Teachers Registration Board and certain persons and bodies\n\t(1)\tThis section applies to the following persons and bodies:\n\t(a)\tthe Teachers Registration Board;\n\t(b)\tthe Education and Early Childhood Services Registration and Standards Board of South Australia;\n\t(c)\tthe Registrar;\n\t(d)\ta teacher regulatory authority in Australia and New Zealand;\n\t(e)\ta person or body who is an employer of a teacher;\n\t(f)\tthe central assessment unit under the Child Safety (Prohibited Persons) Act 2016;\n\t(g)\ta State authority;\n\t(h)\tany other person or body declared by the regulations to be included in the ambit of this subsection.\n\t(2)\tDespite any other Act or law, a person or body to whom this section applies (the provider) may, in accordance with any requirement set out in the regulations, provide prescribed information and documents to another person or body to whom this section applies (the recipient) if the provider reasonably believes that the provision of the information or documents would assist the recipient—\n\t(a)\tto perform official functions relating to the health, safety, welfare or wellbeing of a child or class of children; or\n\t(b)\tto manage any risk to a child or class of children that might arise in the recipient's capacity as an employer or provider of services.\n\t(3)\tDespite any other Act or law, information or documents that do not directly or indirectly disclose the identity of any person may be provided by one person or body to whom this section applies to another without restriction.\n\t(4)\tSubsection (3) applies—\n\t(a)\twhether or not the information or documents consist of or include prescribed information and documents; and\n\t(b)\twhether the information or document ever disclosed the identity of a person, or has been redacted so as to de-identify it.\n\t(5)\tInformation may be provided under this section regardless of whether the provider has been requested to provide the information.\n\t(6)\tFor the purposes of this section, a reference to a teacher will be taken to include a reference to a person granted a special authority to teach under Part 6 (whether or not the special authority has expired).\n\t(7)\tIn this section—\nprescribed information and documents means—\n\t(a)\tinformation or documents relating to the health, safety, welfare or wellbeing of a particular child or class of children; or\n\t(b)\tany other information or document of a kind prescribed by the regulations for the purposes of this definition;\nState authority means—\n\t(a)\ta person who holds an office established by an Act; or\n\t(b)\ta public sector agency; or\n\t(c)\tSouth Australia Police; or\n\t(d)\ta local council constituted under the Local Government Act 1999; or\n\t(e)\tany other person or body declared by the regulations to be a State authority,\nbut does not include a person or body declared by the regulations to be excluded from the ambit of this definition.\nPart 10—Miscellaneous\n50—Provision of information by Commissioner of Police\n\t(1)\tThe Commissioner of Police—\n\t(a)\tmust, at the request of the Teachers Registration Board; and\n\t(b)\tmay, at the Commissioner's own initiative,\nmake available to the Teachers Registration Board information about criminal convictions and other information to which the Commissioner has access relevant to the question of a person's fitness to be, or continue to be, registered as a teacher, or to hold a special authority to teach under Part 6.\n\t(2)\tThe Commissioner of Police is not required to provide information under subsection (1) that the Commissioner considers—\n\t(a)\tmay prejudice or otherwise hinder an investigation to which the information may be relevant; or\n\t(b)\tmay lead to the identification of an informant; or\n\t(c)\tmay affect the safety of a police officer, complainant or other person.\n\t(3)\tSubsection (1) applies whether or not the person to whom the information relates has consented to the provision of the information.\n51—Arrangements between Teachers Registration Board, DPP, and Commissioner of Police for reporting of offences\n\t(1)\tThis section applies to an offence that—\n\t(a)\thas been committed, or is alleged to have been committed, by a person who is a registered teacher or the holder of a special authority to teach under Part 6, or is believed to be or to have been a registered teacher or the holder of a special authority to teach under Part 6; and\n\t(b)\traises serious concerns about the person's fitness to be, or continue to be, registered as a teacher or the holder of a special authority to teach under Part 6.\n\t(2)\tThe Teachers Registration Board, the Director of Public Prosecutions and the Commissioner of Police must establish arrangements for reports to be made to the Board of the laying of charges for offences to which this section applies and the outcomes of the proceedings on the charges.\n\t(3)\tThe arrangements must define the offences to which they are to apply and specify the contents of the reports and the times within which the reports must be made.\n\t(4)\tThe Teachers Registration Board, the Director of Public Prosecutions and the Commissioner of Police must conduct reviews, at least annually, to ensure the continuing effectiveness of the arrangements and their implementation.\n52—Notification of offences to employer etc\n\t(1)\tIf the Registrar becomes aware that a person who is or has been registered as a teacher has been charged with or convicted of an offence (whether an offence under the law of South Australia or elsewhere) that, in the opinion of the Registrar, raises serious concerns about the person's fitness to be, or continue to be, registered as a teacher, the Registrar must, as soon as practicable, give details of the matter to—\n\t(a)\tthe person's employer if the person is a practising teacher; and\n\t(b)\tthe chief executives of the Department, the Catholic Education Office and the Association of Independent Schools of South Australia Incorporated.\n\t(1a)\tIf the Registrar becomes aware that a person who is or has been the holder of a special authority to teach granted under Part 6 has been charged with or convicted of an offence (whether an offence under the law of South Australia or elsewhere) that, in the opinion of the Registrar, raises serious concerns about the person's fitness to hold, or continue to hold, a special authority to teach, the Registrar must, as soon as practicable, give details of the matter to—\n\t(a)\tthe person's employer if the person is the holder of a current special authority to teach; and\n\t(b)\tthe chief executives of the Department, the Catholic Education Office and the Association of Independent Schools of South Australia Incorporated.\n\t(2)\tIf the Registrar gives details under subsection (1), the Registrar must—\n\t(a)\tif the details concern a person's being charged with an offence—at the same time give notice to the person concerned that the Registrar is taking that action; and\n\t(b)\tif the details concern a person's being charged with an offence and the charge is subsequently withdrawn or the person is subsequently acquitted—as soon as practicable give notice of the withdrawal or acquittal to—\n\t(i)\tthe person's employer if the person is a practising teacher or the holder of a current special authority to teach; and\n\t(ii)\tthe chief executives of the Department, the Catholic Education Office and the Association of Independent Schools of South Australia Incorporated.\n52A—Notification to employer that teacher is a prohibited person etc\nIf the Registrar becomes aware that a person who is or has been registered as a teacher is a prohibited person under Child Safety (Prohibited Persons) Act 2016 the Registrar must, as soon as practicable, give details of that fact to—\n\t(a)\tthe person's employer if the person is a practising teacher; and\n\t(b)\tthe chief executives of the Department, the Catholic Education Office and the Association of Independent Schools of South Australia Incorporated.\n53—Confidentiality\n\t(1)\tA person engaged or formerly engaged in the administration of this Act or the repealed provisions must not divulge or communicate personal information obtained (whether by that person or otherwise) in the course of official duties except—\n\t(a)\tas required or authorised under this Act or the regulations or any other Act or law; or\n\t(b)\twith the consent of the person to whom the information relates; or\n\t(c)\tin connection with the administration of this Act or the repealed provisions; or\n\t(d)\tto another teacher regulatory authority; or\n\t(e)\tto another statutory authority of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the proper performance of its functions.\nMaximum penalty: $10 000.\n\t(2)\tSubsection (1) does not prevent disclosure of statistical or other data that could not reasonably be expected to lead to the identification of any person to whom it relates.\n\t(3)\tInformation that has been disclosed under subsection (1) for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\nMaximum penalty: $10 000.\n54—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information provided under this Act.\nMaximum penalty: $10 000.\n55—Procurement of registration by fraud\nA person who by fraud or any other dishonest means procures registration for himself or herself, or for another person, is guilty of an offence.\nMaximum penalty: $10 000.\n56—Self-incrimination\nIf a person is required to provide information or produce material under this Act and the information or material would tend to incriminate the person or make the person liable to a penalty, the person must nevertheless provide information or material, but the information or material so provided or produced will not be admissible in evidence against the person in proceedings for an offence, other than an offence against this or any other Act relating to the provision of false or misleading information.\n57—Service of documents\n\t(1)\tA notice or document required or authorised to be given or sent to, or served on, a person for the purposes of this Act may—\n\t(a)\tbe given to the person personally; or\n\t(b)\tbe posted in an envelope addressed to the person—\n\t(i)\tat the person's last known address; or\n\t(ii)\tat the person's address for service.\n\t(2)\tThe address for service of a person registered under this Act is the address for the person that appears on the register under this Act. \n58—Continuing offence\n\t(1)\tA person convicted of an offence against a provision of this Act in respect of a continuing act or omission—\n\t(a)\tis liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continued of not more than one-tenth of the maximum penalty prescribed for that offence; and\n\t(b)\tis, if the act or omission continues after the conviction, guilty of a further offence against the provision and liable, in addition to the penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continued after the conviction of not more than one-tenth of the maximum penalty prescribed for the offence.\n\t(2)\tIf an offence consists of an omission to do something that is required to be done, the omission will be taken to continue for as long as the thing required to be done remains undone after the end of the period for compliance with the requirement.\n59—Liability of members of governing bodies of bodies corporate\n\t(1)\tIf a body corporate is guilty of an offence against this Act (other than an offence against the regulations), each member of the governing body, and the manager, of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence when committed by a natural person if the prosecution proves that—\n\t(a)\tthe manager or member (as the case may be) knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe manager or member (as the case may be) was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe member failed to exercise due diligence to prevent the commission of the offence.\n\t(1a)\tThe regulations may make provision in relation to the criminal liability of a member of the governing body, and the manager, of a body corporate that is guilty of an offence against the regulations.\n\t(2)\tA person may be prosecuted and convicted of an offence under this section whether or not the body corporate has been prosecuted or convicted of the offence committed by the body corporate.\n60—General defence\n\t(1)\tIt is a defence to a charge of an offence against this Act if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.\n\t(2)\tThis section does not apply in relation to a person who is charged with an offence under section 59.\n61—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), those regulations may make provision for or relating to—\n\t(a)\texemptions (conditional or unconditional) from specified provisions of this Act; and\n\t(b)\tassessment by the Teachers Registration Board, on application, of qualifications for registration; and\n\t(c)\tfees in respect of any matter under this Act and their payment, recovery or waiver; and\n\t(d)\tfines, not exceeding $5 000, for offences against the regulations; and\n\t(e)\tfacilitation of proof of the commission of offences against the regulations.\n\t(2a)\tThe regulations may make provisions of a saving or transitional nature consequent upon the enactment of the Child Safety (Prohibited Persons) Act 2016 or the Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017, an amendment of those Acts or an amendment of this Act.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general application or vary in their application according to prescribed factors;\n\t(b)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the Teachers Registration Board;\n\t(c)\tapply or incorporate, wholly or partially and with or without modification, a code, standard, policy or other document prepared or published by the Teachers Registration Board or another specified person or body.\n\t(4)\tIf a code, standard, policy or other document is referred to or incorporated in the regulations—\n\t(a)\ta copy of the code, standard, policy or other document must be kept available for public inspection, without charge and during ordinary office hours, at an office or offices specified in the regulations; and\n\t(b)\tevidence of the contents of the code, standard, policy or other document may be given in any legal proceedings by production of a document apparently certified by the Minister to be a true copy of the code, standard, policy or other document.\nSchedule 1—Designated entities\n1—Designated entities\nThe following persons and bodies are designated entities:\n\t(a)\tthe Chief Executive of the Department for Education South Australia;\n\t(b)\tthe Chief Executive of Catholic Education South Australia;\n\t(c)\tthe Chief Executive of the Association of Independent Schools of South Australia;\n\t(d)\tthe Australian Education Union (SA Branch);\n\t(e)\tthe Independent Education Union (SA Branch);\n\t(f)\tthe Law Society of South Australia;\n\t(g)\tthe Education and Early Childhood Services Registration and Standards Board of South Australia;\n\t(h)\tthe South Australian Vice‑Chancellors Committee;\n\t(i)\tthe South Australian Association of School Parent Communities Incorporated;\n\t(j)\tThe Federation of Catholic School Parent Communities (SA) Incorporated;\n\t(k)\tAustralian Childcare Alliance South Australia Incorporated;\n\t(l)\tEarly Childhood Australia (SA Branch);\n\t(m)\tthe Preschool Directors Association of South Australia;\n\t(n)\tthe South Australian Primary Principals Association;\n\t(o)\tthe Independent Primary School Heads of Australia (SA Branch);\n\t(p)\tthe South Australian Secondary Principals Association;\n\t(q)\tthe Association of Principals of Catholic Secondary Schools;\n\t(r)\tCommunity Children’s Centres SA;\n\t(s)\tAustralian Community Children’s Services—SA Branch;\n\t(t)\tthe South Australian Catholic Primary Principals Association;\n\t(u)\tthe South Australian Multicultural and Ethnic Affairs Commission;\n\t(w)\tthe Multicultural Education and Languages Committee;\n\t(x)\tthe Commissioner for Children and Young People;\n\t(y)\tthe Commissioner for Aboriginal Children and Young People; \n\t(z)\tEducators SA Incorporated;\n\t(za)\tCatholic School Parents SA.\n2—Amendment of Schedule\nThe Governor may, by regulation, amend clause 1 by adding or deleting specified persons or bodies.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Teachers Registration and Standards Act 2004 amended the following:\nEducation Act 1972\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n2004\n57\n Teachers Registration and Standards Act 2004\n16.12.2004\n20.1.2005 (Gazette 20.1.2005 p260) except Pts 2, 4—9, ss 50—60 and Schs 1 & 2—31.3.2005 (Gazette 17.3.2005 p655)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 156 (s 354)—1.2.2010 (Gazette 28.1.2010 p320)\n2011\n46\n Education and Early Childhood Services (Registration and Standards) Act 2011\n8.12.2011\nSch 3 (cll 25 & 26)—1.1.2012 (Gazette 15.12.2011 p4986)\n2013\n16\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 48 (ss 99 & 100)—17.6.2013 (Gazette 6.6.2013 p2498)\n2017\n64\n Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017\n12.12.2017\nPt 21 (ss 132 to 146)—1.7.2019 (Gazette 17.1.2019 p93)\n2018\n25\n Teachers Registration and Standards (Miscellaneous) Amendment Act 2018\n15.11.2018\n20.12.2018 (Gazette 20.12.2018 p4355)\n2019\n19\n Education and Children's Services Act 2019\n8.8.2019\nSch 1 (cll 16, 17 & 38)—1.7.2020 (Gazette 11.6.2020 p3305)\n2020\n38\n Teachers Registration and Standards (Miscellaneous) Amendment Act 2020\n22.10.2020\n1.7.2021 (Gazette 6.5.2021 p1279)\n2021\n(51)\n Teachers Registration and Standards (Amendment of Schedule 1 of Act) Regulations 2021 (Gazette 6.5.2021 p1317)\n—\n1.7.2021 immediately after s 39 of 38/2020: r 2\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n1.2.2010\ns 3\n\n\nDepartment\namended by 19/2019 Sch 1 cl 16(1)\n1.7.2020\ndirector\nsubstituted by 46/2011 Sch 3 cl 25(1)\n1.1.2012\npre-school education\namended by 38/2020 s 4(1)\n1.7.2021\nprescribed service\ninserted by 46/2011 Sch 3 cl 25(2)\n1.1.2012\n\namended by 19/2019 Sch 1 cl 16(2)\n1.7.2020\n\n(b) deleted by 19/2019 Sch 1 cl 16(2)\n1.7.2020\nprohibited person\ninserted by 64/2017 s 132(1)\n1.7.2019\nrecognised kindergarten\ndeleted by 46/2011 Sch 3 cl 25(3)\n1.1.2012\nunique identifier\ninserted by 64/2017 s 132(2)\n1.7.2019\nunprofessional conduct\namended by 38/2020 s 4(2)\n1.7.2021\nworking with children check\ninserted by 64/2017 s 132(3)\n1.7.2019\nPt 3\n\n\ns 6\namended by 38/2020 s 5(1), (2), (4) & (5)\n1.7.2021\n\n(c) deleted by 38/2020 s 5(3)\n1.7.2021\ns 7\nsubstituted by 38/2020 s 6\n1.7.2021\ns 9 before substitution by 38/2020\n\n\ns 9(1)\namended by 19/2019 Sch 1 cl 17\n1.7.2020\ns 9(1a)\ninserted by 64/2017 s 133\n1.7.2019\ns 9\nsubstituted by 38/2020 s 7\n1.7.2021\ns 9A\ninserted by 38/2020 s 7\n1.7.2021\ns 10\n\n\ns 10(1)\namended by 38/2020 s 8(1)\n1.7.2021\ns 10(4)\nsubstituted by 38/2020 s 8(2)\n1.7.2021\ns 10(5)\namended by 64/2017 s 134(1)\n1.7.2019\ns 10(6)\namended by 64/2017 s 134(2)\n1.7.2019\ns 12\namended by 84/2009 s 354\n1.2.2010\ns 14\n\n\ns 14(1)\namended by 38/2020 s 9(1)\n1.7.2021\ns 14(2)\namended by 38/2020 s 9(2)\n1.7.2021\ns 15\n\n\ns 15(3)\ndeleted by 38/2020 s 10\n1.7.2021\ns 15(4)\namended by 25/2018 s 4\n20.12.2018\ns 15A\ninserted by 25/2018 s 5\n20.12.2018\ns 15A(2)\ndeleted by 38/2020 s 11\n1.7.2021\ns 15B\ninserted by 38/2020 s 12\n1.7.2021\ns 16\n\n\ns 16(3)\ninserted by 38/2020 s 13\n1.7.2021\ns 17\n\n\ns 17(2)\namended by 38/2020 s 14(1)\n1.7.2021\ns 17(2a)\ninserted by 38/2020 s 14(2)\n1.7.2021\ns 17(3)\namended by 38/2020 s 14(3)\n1.7.2021\nPt 3A\ninserted by 38/2020 s 15\n1.7.2021\nPt 4\n\n\ns 20 before substitution by 25/2018\n\n\ns 20(1) and (2)\namended by 46/2011 Sch 3 cl 26\n1.1.2012\ns 20\nsubstituted by 25/2018 s 6\n20.12.2018\nPt 5\n\n\ns 21\n\n\ns 21(1)\namended by 64/2017 s 135(1)—(4)\n1.7.2019\ns 22\n\n\ns 22(1)\namended by 38/2020 s 16\n1.7.2021\ns 22(2)\namended by 64/2017 s 136\n1.7.2019\ns 24\n\n\ns 24(a1)\ninserted by 64/2017 s 137(1)\n1.7.2019\ns 24(2)\namended by 64/2017 s 137(2)\n1.7.2019\n\namended by 38/2020 s 17(1), (2)\n1.7.2021\ns 24(3)\namended by 64/2017 s 137(3)\n1.7.2019\ns 24A\ninserted by 64/2017 s 138\n1.7.2019\ns 24A(2)\nsubstituted by 38/2020 s 18\n1.7.2021\ns 26\n\n\ns 26(1)\namended by 38/2020 s 19\n1.7.2021\ns 26A\ninserted by 38/2020 s 20\n1.7.2021\ns 27\n\n\ns 27(3)\ninserted by 38/2020 s 21\n1.7.2021\ns 28\n\n\ns 28(2)\namended by 64/2017 s 139(1)\n1.7.2019\n\namended by 38/2020 s 22\n1.7.2021\ns 28(4a)\ninserted by 64/2017 s 139(2)\n1.7.2019\nPt 6\n\n\ns 30\n\n\ns 30(1a)\ninserted by 64/2017 s 140(1)\n1.7.2019\ns 30(2)\nsubstituted by 64/2017 s 140(2)\n1.7.2019\n\namended by 38/2020 s 23\n1.7.2021\ns 30(3)\namended by 64/2017 s 140(3), (4)\n1.7.2019\ns 30(3a)\ninserted by 64/2017 s 140(5)\n1.7.2019\ns 31 before substitution by 38/2020\n\n\ns 31(2)\namended by 64/2017 s 141(1)\n1.7.2019\ns 31(4a)\ninserted by 64/2017 s 141(2)\n1.7.2019\ns 31\nsubstituted by 38/2020 s 24\n1.7.2021\ns 31A\ninserted by 38/2020 s 25\n1.7.2021\nPt 6A\ninserted by 38/2020 s 26\n1.7.2021\nPt 7\n\n\ns 32A\ninserted by 38/2020 s 27\n1.7.2021\ns 33\n\n\ns 33(1)\namended by 64/2017 s 142\n1.7.2019\ns 33A\ninserted by 64/2017 s 143\n1.7.2019\ns 33A(1)\namended by 38/2020 s 28(1)\n1.7.2021\ns 33A(2)\namended by 38/2020 s 28(2)\n1.7.2021\ns 34\n\n\ns 34(1a) and (1b)\ninserted by 38/2020 s 29(1)\n1.7.2021\ns 34(3)\nsubstituted by 38/2020 s 29(2)\n1.7.2021\ns 34(3a) and (3b)\ninserted by 38/2020 s 29(2)\n1.7.2021\ns 34A\ninserted by 25/2018 s 7\n20.12.2018\ns 34A(1)\namended by 38/2020 s 30(1), (2)\n1.7.2021\ns 34A(7)\ndeleted by 38/2020 s 30(3)\n1.7.2021\ns 37\n\n\ns 37(1a)\ninserted by 64/2017 s 144\n1.7.2019\ns 37\nsubstituted by 38/2020 s 31\n1.7.2021\ns 39\ndeleted by 38/2020 s 32\n1.7.2021\ns 40\n\n\ns 40(1)\n(c) deleted by 38/2020 s 33(1)\n1.7.2021\n\ns 40 amended and redesignated as s 40(1) by 38/2020 s 33(2), (3)\n1.7.2021\ns 40(2) and (3)\ninserted by 38/2020 s 33(3)\n1.7.2021\nPt 8\n\n\ns 41\n\n\ns 41(1a)\ninserted by 25/2018 s 8\n20.12.2018\nPt 9A\ninserted by 38/2020 s 34\n1.7.2021\nPt 10\n\n\ns 50\n\n\ns 50(1)\namended by 38/2020 s 35\n1.7.2021\ns 51\n\n\ns 51(1)\namended by 38/2020 s 36(1), (2)\n1.7.2021\ns 52\n\n\ns 52(1)\n(c) deleted by 38/2020 s 37(1)\n1.7.2021\ns 52(1a)\ninserted by 38/2020 s 37(2)\n1.7.2021\ns 52(2)\namended by 38/2020 s 37(3)\n1.7.2021\n\n(b)(iii) deleted by 38/2020 s 37(4)\n1.7.2021\ns 52A\ninserted by 64/2017 s 145\n1.7.2019\ns 59\n\n\ns 59(1)\nsubstituted by 16/2013 s 99\n17.6.2013\ns 59(1a)\ninserted by 16/2013 s 99\n17.6.2013\ns 60\n\n\ns 60(1)\ns 60 redesignated as s 60(1) by 16/2013 s 100\n17.6.2013\ns 60(2)\ninserted by 16/2013 s 100\n17.6.2013\ns 61\n\n\ns 61(2a)\ninserted by 64/2017 s 146\n1.7.2019\n\namended by 38/2020 s 38(1)\n1.7.2021\ns 61(3)\namended by 38/2020 s 38(2)\n1.7.2021\ns 61(4)\ninserted by 38/2020 s 38(3)\n1.7.2021\nSch 1\nomitted under Legislation Revision and Publication Act 2002\n1.2.2010\n\ninserted by 38/2020 s 39\n1.7.2021\ncl 1\namended by 51/2021 r 4(1)—(7)\n1.7.2021\n\n(v) deleted by 51/2021 r 4(5)\n1.7.2021\nSch 2\nomitted under Legislation Revision and Publication Act 2002\n1.2.2010\ncl 1\nexpired: cl 1(11)—omitted under Legislation Revision and Publication Act 2002\n(30.7.2005)\ncl 2\nexpired: cl 2(3)—omitted under Legislation Revision and Publication Act 2002\n(30.7.2005)\ncl 3\nexpired: cl 3(2)—omitted under Legislation Revision and Publication Act 2002\n(30.4.2005) \nTransitional etc provisions associated with Act or amendments\nEducation and Children's Services Act 2019, Sch 1—Transitional provision\n38—Appointment of Director of Children's Services nominee to Teachers Registration Board continued\nA person holding office as a member appointed to the Teachers Registration Board pursuant to section 9(1)(h) of the Teachers Registration and Standards Act 2004 (as in force before the commencement of this clause) will, subject to that Act, continue to hold office for the remainder of their term of office.\nTeachers Registration and Standards (Miscellaneous) Amendment Act 2020, Sch 1—Transitional etc provisions\n1—Vacation of Teachers Registration Board\n\t(1)\tOn the commencement of this clause, the office of each member of the Teachers Registration Board is, by force of this clause, vacated.\n\t(2)\tSection 9(4) and (5), as enacted by this Act, will be taken not to apply in relation to the appointment of the first Teachers Registration Board following the commencement of this clause.\n2—Certain registrations to continue to be for 3 year period\n\t(1)\tThis clause applies in relation to registration as a teacher applied for, but not granted, before the commencement of this clause.\n\t(2)\tDespite section 26 of the Teachers Registration and Standards Act 2004 (as amended by this Act), registration as a teacher to which this clause applies will be taken to remain in force—\n\t(a)\tuntil 31 January in the third year following the year in which the registration was granted or last renewed; or\n\t(b)\tif the registration is subject to a condition limiting the period for which it remains in force to a lesser period—for that period.\n3—All teacher registrations taken to be subject to condition\nSubject to the Teachers Registration and Standards Act 2004 (as amended by this Act), the condition referred to in section 24(2)(a)(iia) (as enacted by this Act) will, by force of this clause, be taken to be imposed on the registration of each teacher (whether the registration was granted before or after the commencement of this clause).\nHistorical versions\n1.2.2010\n\n1.1.2012\n\n17.6.2013\n\n20.12.2018\n\n1.7.2019\n\n1.7.2020\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Unable to assess scope changes — the legislative text was not retrievable due to a broken URL following a website migration. No comparison between original intent and current provisions could be performed."},"complexity_factors":["No legislative text was successfully retrieved — analysis is based on general knowledge only","The Act itself involves a regulatory licensing scheme, which typically carries moderate complexity","Disciplinary and appeals processes in registration Acts can involve multiple decision-making layers","Interaction with national teacher standards frameworks (AITSL) adds a cross-jurisdictional dimension","Score is intentionally conservative given the absence of actual text to assess"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe actual text of the **Teachers Registration and Standards Act 2004 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website, likely due to a website restructure that occurred around **24 March 2026**.\n\n### What we know about this Act generally:\nThis South Australian law governs the **registration of teachers** in South Australia. In broad terms, Acts of this type typically:\n- **Require teachers** to be registered before they can teach in schools\n- **Establish a registration body** (in SA, the *Teachers Registration Board of South Australia*) to manage and enforce registration\n- **Set standards** for teacher conduct, qualifications, and professional practice\n- **Provide mechanisms** to investigate complaints, suspend, or cancel a teacher's registration if they pose a risk to students or breach professional standards\n\n### Who it affects:\n- **Teachers** working in SA schools (government and non-government)\n- **School principals and employers** who must ensure staff are properly registered\n- **Students and parents** who benefit from the child safety protections registration provides\n\n> ⚠️ **This summary is based on general knowledge of the Act, not the retrieved legislative text. You should verify current provisions directly at [legislation.sa.gov.au](https://www.legislation.sa.gov.au).**"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has been expanded since its original enactment by inserting new substantive requirements and powers. Key scope extensions shown in the text include: addition of working‑with‑children checks and automatic cancellation for prohibited persons (s 24(a1), s 24A); explicit Board responsibility for accrediting initial teacher education programs (s 6(ab), s 19A); new powers to publish and vary codes of conduct and professional standards and to recognise advanced teaching certification (Part 6A: s 31B, s 31C); formalised information‑sharing powers including disclosure to prevent harm and sharing with named bodies (s 49A, s 49B); stronger Registrar suspension powers where checks are not current or where a teacher is charged with certain offences (s 33A, s 34A); and introduction of an annual fee for registered teachers (s 26A). The legislative history and amendment notes in the text record these insertions and substitutions (see amendments and insertion notes collected throughout the statute and the explicit cross‑references to amending Acts in the legislative history)."},"complexity_factors":["Multiple interlocking parts (establishment, registration, special authority, accreditation, standards, discipline, information sharing) increasing procedural complexity (Parts 3, 3A, 5, 6, 6A, 7, 9A).","Broad discretionary powers vested in the Board and Registrar (impose/ vary conditions, suspend without hearing in specified circumstances) that require fact‑sensitive administrative decisions (s 24, s 30(5), s 33A, s 34, s 34A, s 35).","Extensive mandatory background and child‑safety checks and recordkeeping obligations, with time limits for notifications by teachers and employers (s 21, s 22, s 24(a1), s 28(4,4a), s 37(4)).","Significant delegated detail to regulations and Board determinations (forms, fees, standards, accreditation criteria) which means operational rules reside off the face of the Act (s 19A(3), s 22(1), s 26A, s 61).","Information‑sharing and confidentiality rules that interact with other bodies and laws, creating cross‑agency processes and data governance needs (s 49A, s 49B, s 50–51, s 53).","Criminal and civil penalties across many provisions (ranging from fines to suspension/cancellation and corporate officer liability), creating legal and compliance risk (s 20, s 25, s 35, s 59).","Appeals and natural justice provisions that coexist with immediate suspension powers, producing layered procedural pathways and timing pressures (s 41–42, s 33A, s 34A, s 49).","Board composition and nomination mechanics involving specific organisations influence governance inputs and may complicate stakeholder dynamics (s 9, Sch 1)."],"plain_english_summary":"What this law does, in plain English\n\n- Creates a regulator: the Act sets up the Teachers Registration Board of South Australia and a Registrar to run it (s 5, s 15). The Board is a statutory body with powers to set policy, keep registers and make decisions about who may teach (s 5, s 6, s 15).\n\n- Makes registration mandatory to teach: a person must be a registered teacher to provide paid pre‑school, primary or secondary education or to act as a school principal or director of a prescribed early‑education service (s 20). Employers must not hire or allow unregistered persons to perform those roles (s 20(3)). Penalties apply for breaches (s 20).\n\n- Sets the tests and process for registration: eligibility criteria include specified qualifications and experience, a recent working‑with‑children check, not being a prohibited person, and being a “fit and proper person” (s 21). Applications must follow Board forms and pay prescribed fees; applicants must consent to criminal record checks and may have to undergo medical assessment where fitness to teach is in question (s 22–23).\n\n- Allows provisional registration and short‑term special authorities: the Board can grant provisional registration (where experience is incomplete) (s 21(2), s 23) and can authorise specified unregistered persons to teach for limited places/circumstances under a “special authority” (s 30). Special authorities carry conditions and may be varied or revoked without a hearing (s 30(1), s 30(5)).\n\n- Gives the Board powers to set conditions and standards: the Board can impose conditions on registration (supervision, restricted subjects, further training), publish and vary codes of conduct and professional standards (s 24, Part 6A), and accredit initial teacher education programs (s 6(ab), s 19A).\n\n- Keeps public registers and certificates: the Board must maintain registers of registered teachers and of special authority holders with specified information (including unique identifiers and working‑with‑children check details) and must issue certificates of registration (s 28–29). Registered persons and special authority holders must notify address/name changes and working‑with‑children checks within stated timeframes (s 28(4), s 28(4a), s 31(4)–(5)).\n\n- Provides an investigative and disciplinary system: the Registrar and the Board can investigate allegations, require information and material, hold inquiries, and impose sanctions on a finding of proper cause (ranging from reprimands and fines to suspension, cancellation or disqualification) (Part 7: s 33–35). The Registrar has power to suspend a registration in certain situations without a hearing (for example where a working‑with‑children check is not current (s 33A) or where a teacher is charged with a prescribed offence or is a suspected unacceptable risk (s 34A)). The Board must observe natural justice in most proceedings (s 41–42), and there is a one‑month right of appeal to the Administrative and Disciplinary Division of the District Court (s 49).\n\n- Requires information sharing and notifications: employers must notify the Board of certain dismissals, resignations and concerns about teachers within tight timeframes (usually within 7 days) (s 37). The Board may share information to prevent harm (s 49A) and to certain bodies listed in the Act (s 49B). The Registrar must notify employers and education authorities about inquiries, suspensions and outcomes (s 40).\n\n- Sets fees, penalties and administrative oversight: the Act contemplates prescribed fees for applications and an annual registration fee (s 22(1), s 22(3), s 26A). The Board’s accounts are auditable by the Auditor‑General and the Board must report annually (s 18–19). Regulations can make detailed provision across many matters (s 61).\n\nStated purpose and how the Act aims to achieve it\n\n- The Act states its object is to \"establish and maintain a teacher registration system and professional standards for teachers to safeguard the public interest in there being a teaching profession whose members are competent educators and fit and proper persons to have the care of children\" (s 4). The statutory mechanisms used to pursue that object include mandatory registration (s 20), background and working‑with‑children checks (s 21, s 24(a1)), education program accreditation (s 19A), codes of conduct and professional standards (Part 6A), and a disciplinary regime (Part 7).\n\nTrade‑offs, incentives, costs and who decides (mechanisms, not value judgments)\n\n- Who pays: applicants pay prescribed application fees and, additionally, the Board can charge the cost of criminal record checks to applicants (s 22(3)); every registered teacher must pay an annual fee as set in regulations (s 26A). Employers face fines if they employ or allow unregistered persons to teach (s 20(3)).\n\n- Who decides: the Teachers Registration Board and the Registrar exercise the core decision rights: they set registration outcomes, impose conditions, conduct inquiries, and maintain the registers (s 5, s 6, s 15, s 24, s 35). The Minister may give directions to the Board in the public interest but is limited from directing in relation to particular persons, applications or the Board’s assessment of qualifications (s 8).\n\n- Compliance burden: the Act creates documentary, reporting and checking obligations for individuals and employers: e.g. applicants must provide evidence of a working‑with‑children check and consent to criminal record checks (s 22); registered persons must notify the Board within 14 or 28 days of specified events (s 24(2)(a)(i)–(iii), s 28(4)); employers must notify the Board within 7 days of dismissals, resignations or allegations (s 37(4)). Penalties attach to failures to comply (see s 20, s 24, s 27, s 37).\n\n- Discretion and process risk: the Board and the Registrar have broad discretionary powers including suspending registrations without a hearing in certain circumstances (s 33A, s 34(3), s 34A). The Act also enables the Board to vary or revoke special authorities without a hearing (s 30(5)). Where suspensions are enacted under s 34A the Act expressly provides that, except for a mandatory Board review within 60 days, the Registrar and Board are not required to provide procedural fairness in non‑review steps (s 34A(2), s 34A(8)(a)). Those provisions create a legal route by which teaching rights can be paused quickly while investigations proceed (s 33A(1)–(2), s 34A(1)–(4)).\n\n- Information flows and inter‑agency checks: the Act requires information exchange with police, prosecution authorities and other teacher regulatory authorities (s 50–51, s 40(1)(d)) and allows disclosure to prevent harm (s 49A) and sharing with named bodies (s 49B). The Board’s register stores personal and regulatory information (s 28(2)), and the Registrar may remove or correct entries (s 28(5)).\n\n- Effects on private providers and market choices: the rule that teachers must be registered to teach in paid roles (s 20) places a legal constraint on labour supply for schools and education services. The special authority scheme (s 30) provides a regulated exception allowing unregistered persons to teach in limited circumstances subject to Board conditions. Employers also carry notification and compliance duties (s 37), and may be criminally or civilly exposed under corporate liability provisions where bodies corporate breach the Act (s 59).\n\nConcentrated benefits, diffuse costs and points of influence (mechanisms):\n\n- Board composition and nominations: the Act allocates specific nomination rights for board seats to particular organisations (s 9(1)(a)–(b)) and lists designated entities that can make submissions on nominations (s 9(5), Schedule 1). That is a concrete appointment mechanism by which particular organisations (including unions and education sector bodies) participate in filling Board membership (s 9, Sch 1).\n\n- Concentrated regulatory authority: the Board centrally controls accreditation of initial teacher education (s 19A), codes and professional standards (s 31B), and recognition of advanced teaching certification (s 31C). These are instruments that directly affect how teachers qualify and how qualifications are recognised in the market for teacher labour.\n\nImplementation risks and operational points to watch (mechanisms):\n\n- Timeliness and workforce impacts: the Act allows immediate suspension where checks are out of date or investigations proceed (s 33A, s 34, s 34A). If suspensions are used frequently or handling of checks is delayed, that creates a mechanism that may interrupt a teacher’s ability to work while administrative processes are completed (s 33A(2), s 34(3a)).\n\n- Administrative load and data quality: maintaining registers with required data (including working‑with‑children check details and unique identifiers) and meeting notification timeframes (s 28, s 31, s 37) creates ongoing data management responsibilities for the Board and for employers and teachers.\n\n- Regulation and delegated detail: the Act leaves significant operational detail to regulations and Board determinations (forms, fees, accreditation standards, times for payment, prescribed offences, and more) (s 19A(3), s 22(1), s 26A(2), s 61). That concentrates many practical choices off the face of the Act and in subordinate instruments.\n\nSummary statement\n\nMechanically, the Act establishes a statutory Board and Registrar, makes registration mandatory for paid teaching roles, sets eligibility and continuing‑fitness checks (including working‑with‑children and criminal checks), provides for accreditation of initial teacher education and professional standards, and creates a disciplinary and information‑sharing regime with specified notification duties and penalties (see s 5; s 20; s 21–24; s 19A; Part 7; s 37; s 49A–49B). The Act states it is intended to safeguard the public interest by ensuring teachers are competent and fit and proper persons (s 4). The law achieves that aim by creating legal barriers to practice, routine background and child‑safety checks, registration‑linked sanctions and reporting obligations; these mechanisms shift costs to applicants and registered teachers (fees and checks), and place compliance and reporting obligations on employers and the Board, while giving the Board and Registrar broad discretionary powers to regulate entry, conditions and ongoing fitness to teach (s 22(3); s 26A; s 20(3); s 24; s 33A; s 34A)."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The legislation has grown significantly beyond its original 2004 scope. Major expansions include: (1) Integration with the national Child Safety (Prohibited Persons) Act 2016, adding automatic cancellation for prohibited persons and mandatory working with children checks; (2) Addition of Part 3A for accreditation of initial teacher education programs (2020); (3) Addition of Part 6A for codes of conduct and recognition of quality teaching (2020); (4) Addition of Part 9A for information sharing with broad powers to disclose information to prevent harm (2020); (5) Expansion of disciplinary triggers to include incompetence and expanded employer notification requirements; (6) Introduction of annual fees and 5-year registration terms (previously 3 years). The original Act focused primarily on registration and basic discipline, but now encompasses comprehensive child safety frameworks, teacher education quality control, and extensive information sharing networks."},"complexity_factors":["Multiple overlapping registration categories: full registration, provisional registration, and special authority to teach (Part 5 and Part 6)","Extensive cross-referencing with external legislation, particularly the Child Safety (Prohibited Persons) Act 2016 for working with children checks and prohibited person status","Detailed procedural requirements for disciplinary actions with specific composition rules for hearings (e.g., section 32A requiring 3 members including a practising teacher and legal practitioner)","Multiple suspension mechanisms with different triggers and timeframes: section 33A (no current working with children check), section 34 (failure to comply with investigation), and section 34A (charges or unacceptable risk)","Complex information sharing provisions in Part 9A with broad exceptions to confidentiality and specific definitions of 'prescribed information'","Nested conditions and notification requirements in section 24(2) with multiple sub-paragraphs requiring teachers to report charges, convictions, dismissals, and resignations within 14 days","Detailed membership rules for the Board including union nominations, gender balance requirements, and designated entity consultation (section 9)","Automatic cancellation provisions in section 24A with retrospective effect dates depending on how the person became prohibited"],"plain_english_summary":"This South Australian law creates a system to regulate who can teach in schools and preschools, and ensures teachers meet professional standards.\n\n**What it does:**\n- **Establishes the Teachers Registration Board** – an independent body that registers teachers, sets professional standards, and can discipline teachers who behave improperly.\n- **Requires registration** – It's illegal to work as a teacher in South Australian schools or preschools without being registered (with some limited exceptions). Employers who hire unregistered teachers face heavy fines.\n- **Sets eligibility rules** – To register, teachers need proper qualifications, a current working with children check (safety screening), and must be \"fit and proper\" people. The Board can refuse or cancel registration if someone poses a risk to children.\n- **Accredits teaching degrees** – Universities and other institutions must have their teaching courses approved by the Board.\n- **Handles misconduct** – The Board can investigate complaints about teachers, hold hearings, and impose penalties ranging from fines to cancellation of registration. Employers must report serious incidents involving teachers.\n- **Protects children** – The welfare of children is the top priority in all decisions. The Board can immediately suspend teachers charged with serious crimes or who pose an unacceptable risk to children.\n- **Shares information** – The Board can share information with employers, police, and other authorities to protect children, and maintains public registers of registered teachers.\n\n**Who it affects:**\n- Teachers and people wanting to become teachers\n- Schools, preschools, and childcare services (public and private)\n- Universities running teaching degrees\n- Parents and students (indirectly, through safety protections)\n\n**Why it matters:**\nThis law ensures that anyone teaching South Australian children is properly qualified, has been safety-checked, and can be removed from the profession if they pose a risk. It creates accountability and maintains public trust in the teaching profession."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/teachers-registration-and-standards-act-2004","history":"/api/acts/teachers-registration-and-standards-act-2004/history","analysis":"/api/acts/teachers-registration-and-standards-act-2004/analysis","conflicts":"/api/acts/teachers-registration-and-standards-act-2004/conflicts","importantCases":"/api/acts/teachers-registration-and-standards-act-2004/important-cases","documents":"/api/acts/teachers-registration-and-standards-act-2004/documents"}}