ACT Teacher Quality Institute Act 2010

6 December 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 6 December 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

contents 1 Page 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 3 6 Purpose 3 7 Meaning of teacher 4 8 Meaning of teaching 4 9 Meaning of approved teacher 4 Division 3.1 Establishment and functions of the institute 10 Establishment of institute 5

Page contents 2 ACT Teacher Quality Institute Act 2010 11 Functions of institute 5 12 Exercise of institute functions 6 13 Delegation by institute 6 14 Establishment of institute board 7 15 Institute board members 7 16 No deputy chair 9 17 Chief executive officer of institute 9 18 Reimbursement for board members 9 19 Establishment of committees 10 20 Exercise of committee functions 10 21 Membership of committees 11 22 Reimbursement for committee members 11 Division 3.4 Institute staff and consultants 23 Institute’s staff 11 24 Institute consultants 12 25 Ministerial directions 12 Division 4.1 Application––pt 4 27 Application––pt 4 13 Division 4.2 Offences—unapproved teachers 28 Offence––teaching in school without being an approved teacher 13 29 Offence––employing, engaging or allowing person who is not an approved teacher to teach in school 14 30 Application for registration or permit to teach 14 31 Extension of time for meeting registration or permit to teach requirements 15 32 Eligibility for full registration 16 33 Eligibility for provisional registration 18 33A Eligibility for early childhood teacher registration 19

Page contents 3 34 Eligibility for permit to teach 20 35 Additional eligibility requirements for permits to teach 20 36 Decision on registration or permit to teach application 21 37 Extension of period for decision on registration or permit to teach application 23 38 Conditions of registration and permit to teach 24 39 Extension of period for decision on additional condition 26 40 Institute to give notice of registration or permit to teach 27 42 Keeping teachers register 28 43 Details to be entered in teachers register 29 43A Sharing teachers register information—status of registration or permit 30 44 Sharing teachers register information—corresponding registering authority 31 44A Sharing teachers register information—approved data linkage agency 31 44B Sharing teachers register information—other entities 32 45 Changes to teachers register 32 46 Teacher may correct teachers register 33 Division 4.5 Term of registration or permits to teach 47 Term of registration and permit to teach 33 50 Notice of renewal for registration or permit to teach 34 51 Renewal of registration 34 52 Renewal of registration with conditions 36 53 Renewal of permits to teach 37 54 Renewal of permits to teach with conditions 39 55 Extension of period for decision on renewal of registration or permit to teach or imposition of condition 41 Division 4.7 Amendment and end of registration and permits to 56 Amendment of registration or permit to teach on institute’s initiative 42 57 Amendment of registration or permit to teach on application 43 58 End of registration or permit to teach 44

Page contents 4 ACT Teacher Quality Institute Act 2010 59 Codes of practice 45 60 Notice of code approvals 45 61 Approved code of practice may be considered 46 62 Relationship of Act with approved codes of practice 46 Division 6.1 Suspension or cancellation of registration or permits to teach 63 Grounds for suspending or cancelling registration or permits to teach 47 64 Notice of proposed suspension or cancellation of registration or permits to teach 47 65 Suspending or cancelling registration or permit to teach 49 66 Giving corresponding registering authorities information about suspension or cancellation action 50 67 Employer’s obligation to notify institute about teacher 50 Division 6.2 Other regulatory action 68 Voluntary cancellation of registration or permit to teach 51 69 Inquiries about registered addresses 51 70A Disclosure of information to institute 52 70B Employer to tell institute about notification event 52 70C Institute may request further information 54 70CA Institute to give relevant information to prevent child harm 54 70D Protection of information disclosed under this division 56 Division 6A.1 Preliminary 70E Meaning of professional experience 57 Division 6A.2 Approval for professional experience 70F Approval required for professional experience 57 70G Professional experience approval 57 70H Register of pre-service-teachers 58

Page contents 5 70I Details to be entered on pre-service teachers register 59 70J Sharing pre-service teachers register information—principals and universities 61 70K Sharing pre-service teacher information—approved data linkage agency 62 70L Sharing pre-service teachers register information—other entities 63 70M Changes to pre-service teachers register 63 70N Pre-service teacher may correct pre-service teachers register 65 Division 7.1 Register of accredited education programs 71 Education programs register 66 72 Institute may initiate accreditation of education program 67 73 Applying for accreditation 67 74 Decision about accreditation 67 75 Accreditation guidelines 69 76 Criteria for accreditation of education programs 69 77 Expert committee 70 78 Period of accreditation 70 79 Renewal of accreditation 70 80 Review of accredited education program 71 81 Grounds for suspending or cancelling accreditation 73 82 Notice of proposed suspension or cancellation of accreditation 73 83 Suspending or cancelling accreditation 74 84 Voluntary cancellation of accreditation 75 85 Suspension or cancellation of accreditation—education program previously agreed 75 86 Registering end of accreditation 76 87 Offence to falsely claim education program accredited 76 Part 8 Notification and review of decisions 88 Meaning of reviewable decision—pt 8 78 89 Reviewable decision notices 78 90 Applications for review 78

Page contents 6 ACT Teacher Quality Institute Act 2010 91 Protection from civil liability 79 92 Offences—use or divulge protected information 79 93 Evidentiary certificates 81 94 Disqualification orders 82 94A Approved data linkage agency 82 95 Determination of fees 83 96 Approved forms 83 97 Determination of standards 83 98 Regulation-making power 83 Schedule 1 Reviewable decisions 85 Dictionary 89 1 About the endnotes 93 2 Abbreviation key 93 3 Legislation history 94 4 Amendment history 98 5 Earlier republications 107 6 Expired transitional or validating provisions 110

An Act to establish the ACT Teacher Quality Institute, and for other purposes

1 Name of Act This Act is the ACT Teacher Quality Institute Act 2010.

3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘non-government school—see the Education Act 2004, dictionary.’ means that the term ‘non-government school’ is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1

5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. 6 Purpose The purpose of this Act is to— (a) uphold the standards of the teaching profession; and (b) protect students and the community by ensuring education in schools is provided in a professional and competent way by approved teachers; and (c) enhance the status of the teaching profession by recognising the professional learning and development of teachers throughout their careers; and (d) maintain community confidence in the teaching profession.

7 Meaning of teacher For this Act, teacher means a person who undertakes teaching.

8 Meaning of teaching For this Act, teaching— (a) means carrying out duties that include— (i) the delivery of education services; or (ii) the assessment of a child’s participation in education services; or (iii) the administration of education services; but (b) does not include carrying out duties— (i) as a teacher’s aide, teacher’s assistant or pre-service teacher; or (ii) to support a child’s learning and development as part of a service providing early childhood education and care.

9 Meaning of approved teacher For this Act, approved teacher–– (a) means a person who is–– (i) a registered teacher; or (ii) a permit-holder; but (b) does not include a person whose registration or permit to teach is suspended under this Act or a corresponding law.

Establishment and functions of the institute Division 3.1

Division 3.1 Establishment and functions of the institute Note The governance of territory authorities, including the ACT Teacher Quality Institute, is regulated by the Financial Management Act 1996 (the FMA), pt 9 as well as the Act that establishes them. The FMA, pt 9 deals, for example, with the corporate status of territory authorities and their powers, the make-up of governing boards, the responsibilities of the governing board and board members, how governing board positions can be ended, meetings of governing boards and conflicts of interest.

10 Establishment of institute The ACT Teacher Quality Institute (the institute) is established.

11 Functions of institute (1) The institute has the following functions: (a) to register, or issue permits to teach to, eligible people; (b) to keep a register of, and records relating to, teachers working or intending to work in the ACT; (c) to keep a register of, and records relating to, pre-service teachers undertaking or intending to undertake professional experience; (d) to use and share information on the teachers register and pre-service teachers register to facilitate planning or research in relation to teacher quality or the teaching workforce (a planning or research purpose); (e) to promote and encourage–– (i) the continuous professional learning and development of teachers; and

Division 3.1 Establishment and functions of the institute (ii) increased levels of skill, knowledge, expertise and professionalism of teachers; (f) to determine standards for, and to facilitate, the professional learning and development of teachers; (g) to develop and apply codes of practice about the professional conduct or practice of teachers; (h) to determine standards, including assessment and certification standards, for the teaching profession within a framework of nationally recognised professional standards; (i) to accredit education programs for pre-service teachers and teachers; (j) to monitor compliance with and enforce this Act. (2) The institute may exercise any other function given to it under this Act or another territory law. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). (3) The institute must exercise its functions in the best interests of children, taking into account their safety and welfare.

12 Exercise of institute functions The institute must comply with directions given to the institute under this Act or another territory law. Note The Minister may give the institute directions under s 25.

13 Delegation by institute The institute may delegate the institute’s functions to–– (a) the director-general; or (b) the chief executive officer; or

Institute board Division 3.2 (c) an institute board member; or (d) a committee of the institute board; or (e) an institute staff member; or (f) an entity prescribed by regulation. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

14 Establishment of institute board The institute has a governing board (the institute board). Note An appointment of a governing board member is an appointment under this section (see Financial Management Act 1996, s 78 (7) (b)).

15 Institute board members (1) The institute board has at least 13, but not more than 15, members. (2) The institute board must include the following members: (a) a chair; Note The chair of the governing board must be appointed under the Financial Management Act 1996, s 79. (b) the chief executive officer; Note The chief executive officer is a member of the governing board (see Financial Management Act 1996, s 80 (4)). (c) 1 member nominated by the director-general; (d) 1 member nominated by the Association of Independent Schools of the ACT; (e) 1 member nominated by the Archdiocese of Canberra and Goulburn Catholic Education Office; (f) 1 member nominated by the Australian Education Union;

(g) 1 member nominated by the NSW/ACT Independent Education Union; (h) 1 member nominated by the University of Canberra; (i) 1 member nominated by the Australian Catholic University, ACT Campus; (j) 1 member to represent teachers and principals of government schools; (k) 1 member to represent teachers and principals of non-government schools; (l) 1 member to represent early childhood teachers; (m) 1 member to represent the community. (3) The chair of the institute board must not be a member mentioned in subsection (2) (b) to (m). (4) The Minister must appoint the members of the institute board other than the chief executive officer. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). (5) However, the Minister may appoint a member mentioned in subsection (2) (m), only if satisfied that the person has qualifications and expertise relevant to the functions of the institute board. (6) The appointment of a member, other than the chief executive officer, must be for a term of not longer than 3 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

Institute board Division 3.2 (7) However, a member, other than the chief executive officer, must not be reappointed to the institute board within 3 years after the day the member’s second term of appointment ends. (8) The conditions of appointment of the chair are the conditions agreed between the Minister and the chair, subject to any determination under the Remuneration Tribunal Act 1995. (9) The Financial Management Act 1996, section 78 (5) does not apply to the appointment of a member. (10) The chief executive officer is a non-voting member of the institute board. Note The Financial Management Act 1996, s 95 (2) and s 96 (1) deal with non- voting members of governing boards.

16 No deputy chair The Minister must not appoint a deputy chair for the institute board. Note 1 This section ensures that a deputy chair cannot be appointed for the governing board under the Financial Management Act 1996, s 79 (1). Note 2 The Minister may appoint an acting chair (see Legislation Act, s 209).

17 Chief executive officer of institute The chief executive officer of the institute must be a public servant. Note The chief executive officer must be appointed under the Financial Management Act 1996, s 80 (3).

18 Reimbursement for board members (1) A board member, other than the chair or chief executive officer, is not entitled to be paid for the exercise of the member’s board functions. (2) However, the Territory must reimburse a board member for expenses reasonably incurred in the exercise of the member’s board functions.

19 Establishment of committees (1) The institute board may establish committees to help the board to exercise its functions. (2) Without limiting subsection (1), the following committees may be established: (a) corporate governance; (b) accreditation; (c) registration; (d) standards and professional development; (e) consultation and communications; (f) professional practice.

20 Exercise of committee functions (1) The institute board may decide— (a) how a committee is to exercise its functions; and (b) the procedure to be followed for meetings of a committee, including— (i) calling meetings; and (ii) the number of committee members to be present at meetings (including requirements that particular members be present); and (iii) the committee member who is to preside at meetings; and (iv) how questions arising at a meeting are to be decided; and (v) keeping minutes of meetings.

Institute staff and consultants Division 3.4 (2) Subject to any decision of the institute board under subsection (1), a committee may decide its own procedures.

21 Membership of committees (1) A committee consists of the people appointed by the institute board. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, div 19.3. Note 2 In particular, a person may be appointed for a particular provision of a law (see Legislation Act, s 7 (3)) and an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). (2) A committee may consist entirely or partly of institute board members.

22 Reimbursement for committee members (1) A committee member is not entitled to be paid for the exercise of the member’s committee functions. (2) However, the Territory must reimburse a committee member for expenses reasonably incurred in the exercise of the member’s committee functions. committee member includes a committee member who is also an institute board member. Division 3.4 Institute staff and consultants

23 Institute’s staff (1) The chief executive officer may employ staff for the institute on behalf of the Territory.

(2) The institute’s staff must be employed under the Public Sector Management Act 1994. Note The Public Sector Management Act 1994, div 8.2 applies to the chief executive officer in relation to the employment of staff (see Public Sector Management Act 1994, s 152).

24 Institute consultants (1) The institute may engage consultants. (2) However, the institute must not enter into a contract of employment under this section.

25 Ministerial directions (1) The Minister may give a direction to the institute about the exercise of its functions. (2) The Minister must not give a direction that relates to a particular teacher or a particular assessment about a teacher. (3) The institute must give effect to the direction. (4) A direction is a disallowable instrument.

Application––pt 4 Division 4.1

Division 4.1 Application––pt 4

27 Application––pt 4 (1) This part does not apply to the following: (a) a pre-service teacher; (b) a parent providing home education for the parent’s child; (c) an unpaid volunteer, including a parent, assisting at a school; (d) a teacher’s aide; (e) education assistants and support staff working at a school. home education––see the Education Act 2004, dictionary. Division 4.2 Offences—unapproved teachers

28 Offence––teaching in school without being an approved teacher (1) A person commits an offence if the person–– (a) teaches in a school; and (b) is not an approved teacher.

29 Offence––employing, engaging or allowing person who is not an approved teacher to teach in school (1) A person commits an offence if–– (a) the person employs, engages or allows another person to teach in a school; and (b) the other person is not an approved teacher. Division 4.3 Applications for registration and permits to teach

30 Application for registration or permit to teach (1) A person may apply to the institute for any of the following: (a) full registration as a teacher; (b) provisional registration as a teacher; (c) registration as an early childhood teacher; (d) a permit to teach. (2) The application must include–– (a) the details prescribed by regulation; and (b) the documents or information needed to satisfy the eligibility requirements for the application under— (i) section 32; or (ii) section 33; or (iii) section 33A; or

(iv) section 34; or (v) section 35. (3) The institute may, in writing, require the applicant to give the institute additional information that the institute reasonably needs to decide the application. (4) If the applicant does not comply with a requirement under subsection (3) within 28 days after the day the request is made, the institute may, subject to section 31, refuse to consider the application further and the application will lapse.

31 Extension of time for meeting registration or permit to teach requirements (1) An applicant for registration or a permit to teach, who is required to provide additional information to the institute under section 30 (3) may apply to the institute for an extension of time to give the information. (2) The application must— (a) be in writing; and (b) state the reasons for the extension of time; and (c) state the additional time the applicant considers necessary to meet the registration or permit to teach requirements. (3) The institute may–– (a) grant an extension of time; or (b) refuse to grant an extension of time.

(4) If the institute refuses to grant an extension of time, the institute must notify the applicant in writing and inform the applicant that the institute may refuse to consider the application further if the information is not given within 28 days after the day the notice is given. (5) The application lapses— (a) if the information is not given within the time granted under the extension; or (b) if the extension is refused—28 days after the day the notice is given under subsection (4).

32 Eligibility for full registration (1) A person is eligible for full registration as a teacher if the institute is satisfied on reasonable grounds that–– (a) the person— (i) holds provisional registration; or (ii) is an early childhood teacher; or (iii) previously held full registration; and (b) in the 5-year period before the day the application is made the person taught for the period prescribed by regulation; and (c) if the person is an early childhood teacher or previously held full registration—the person— (i) has a teaching qualification prescribed by regulation for section 33 (1) (a); and (ii) meets the oral and written English language communication requirements prescribed by regulation for section 33 (1) (b); and (d) the person holds working with vulnerable people registration; and

(e) the person— (f) if the person has provisional registration or a permit to teach that is subject to 1 or more conditions––the person has fulfilled each condition; and (g) the person meets any requirements prescribed by regulation for full registration; and Examples 1 compliance with an approved code of practice 2 compliance with any nationally recognised standard of professional practice (h) the person’s registration or permit to teach has not been for the cancellation of the person’s registration or permit to teach, is eligible to be fully registered as a teacher if the institute is satisfied on reasonable grounds, after considering the reason for the cancellation and anything relevant that the person has done since the cancellation, that the person should be fully registered. (3) The institute may make guidelines about the registration of people under subsection (2).

33 Eligibility for provisional registration (1) A person is eligible for provisional registration as a teacher if the institute is satisfied on reasonable grounds that–– (a) the person holds a teaching qualification prescribed by (b) the person has the oral and written English language communication requirements prescribed by regulation; and (c) the person holds working with vulnerable people registration; and (d) the person— (e) if the person has a permit to teach that is subject to 1 or more conditions––the person has fulfilled each condition; and (f) the person meets any requirements prescribed by regulation for provisional registration; and (g) the person’s registration or permit to teach has not been

for the cancellation of the person’s registration or permit to teach, is eligible to be provisionally registered as a teacher if the institute is satisfied on reasonable grounds, after considering the reason for the cancellation and anything relevant that the person has done since the cancellation, that the person should be provisionally registered. (3) The institute may make guidelines about the registration of people under subsection (2).

33A Eligibility for early childhood teacher registration A person is eligible for registration as an early childhood teacher if the institute is satisfied on reasonable grounds that the person— (a) holds a teaching qualification prescribed by regulation for (b) meets the oral and written English language communication requirements prescribed by regulation; and (c) holds working with vulnerable people registration; and (d) satisfies any of the following: (i) is an Australian citizen; (ii) is a New Zealand citizen; (e) meets any requirements prescribed by regulation for registration as an early childhood teacher.

34 Eligibility for permit to teach A person is eligible for a permit to teach if the institute is satisfied on reasonable grounds that–– (a) the person–– (i) has specialist knowledge, training, skills or qualifications, or has completed a teaching qualification that does not meet the eligibility requirements for full or provisional (ii) has been offered a teaching position in a school where a suitable registered teacher is not available to fill the position and subject to the person obtaining a permit to teach; and (iii) meets the additional requirements in section 35; or (b) the person–– (i) is progressing towards a qualification prescribed by regulation to become a teacher; and (ii) has completed all professional experience required to achieve the qualification; and (iii) has been offered a teaching position in a school subject to the person obtaining a permit to teach; and (iv) meets the additional requirements in section 35.

35 Additional eligibility requirements for permits to teach (1) The institute must also be satisfied on reasonable grounds about the following in relation to a person applying for a permit to teach: (a) that the person has the oral and written English language communication requirements prescribed by regulation; (b) the person holds working with vulnerable people registration;

(c) for a person to whom section 34 (a) applies—that the person— (Cwlth); (d) that the person meets any requirements prescribed by regulation for a permit to teach; (e) that the person’s permit to teach or registration has not been for the cancellation of the person’s permit to teach or registration, is eligible for a permit to teach if the institute is satisfied on reasonable grounds, after considering the reason for the cancellation and anything relevant that the person has done since the cancellation, that the person should be issued a permit to teach. (3) The institute may make guidelines about the issuing of permits to teach under subsection (2).

36 Decision on registration or permit to teach application (1) On application by a person for full registration, provisional registration, registration as an early childhood teacher or a permit to teach, the institute must— (a) if the person is eligible for full registration––fully register the person; or

(b) if the person is eligible for provisional registration–– provisionally register the person; or (c) if the person is eligible to be registered as an early childhood teacher—register the person as an early childhood teacher; or (d) if the person is eligible for a permit to teach––issue the person a (e) if the person is not eligible for full registration, provisional registration or a permit to teach—refuse to register the person or issue a permit to teach. (2) The institute may provisionally register a person who applies for full registration if the person–– (a) is not eligible for full registration; but (b) is eligible for provisional registration. (3) If a person who applies for registration as an early childhood teacher is eligible for full or provisional registration, the institute may— (a) if the person is eligible for full registration—fully register the person; or (b) if the person is eligible for provisional registration— provisionally register the person. (4) The institute may register a person who applies for full or provisional registration as an early childhood teacher if the person— (a) is not eligible for full registration or provisional registration; but (b) is eligible for registration as an early childhood teacher. (5) The institute may issue a permit to teach to a person who applies for registration if the person–– (a) is not eligible for registration; but (b) is eligible for a permit to teach.

(6) However, the institute may refuse an application, or decide an application under subsection (2), (3), (4) or (5), only if— (a) the institute has given the person written notice of the proposed refusal or decision; and (i) the reasons for the proposed refusal or decision; and (ii) that written comments on the proposed refusal or decision, may be made to the institute before the end of a stated period of at least 14 days after the day the notice is given to the person; and (c) the institute has considered any comments made by the person (7) If the institute refuses an application for registration or permit to teach, the institute must, as soon as practicable, refund the fee paid by the person for the application.

37 Extension of period for decision on registration or permit to teach application (1) On written application by a person, the institute may extend the period mentioned in section 36 (6) (b) (ii). (2) The institute may extend the period only if the institute is satisfied on 1 a person did not receive a notice under s 36 (6) (a) because the person was unexpectedly hospitalised 2 a person needs more than 14 days to obtain information or documents to support the person’s written comments because the information or documents

(3) The institute must tell the person in writing of the decision under subsection (1) and—

38 Conditions of registration and permit to teach (1) It is a condition of an approved teacher’s registration or permit to teach that the teacher–– (a) undertakes continuing professional development in accordance with any directions given under subsection (3); and (b) complies with an approved code of practice under section 59, relating to professional conduct, as stated on the registration or permit to teach; and (c) maintains working with vulnerable people registration; and (d) tells the institute, in writing, if any of the following happen: (i) the teacher is given a negative notice under the Working with Vulnerable People (Background Checking) Act 2011, section 40; (ii) the teacher’s working with vulnerable people (A) is made subject to a condition or interim condition; or (B) is suspended; or (C) ends; and

(e) if the teacher is an early childhood teacher—may only teach a child who— (i) is not yet of compulsory education age; or (ii) is attending kindergarten. (2) The institute may, in writing, exempt an early childhood teacher from subsection (1) (e) if the institute is satisfied on reasonable grounds that, having considered the teacher’s demonstrated abilities, knowledge and skills, that subsection should not apply to the them. (3) The institute may give directions about continuing professional development for approved teachers. (4) A direction is a notifiable instrument. (5) The institute may impose additional conditions on the registration or permit to teach if the institute is satisfied the conditions are necessary to ensure the approved teacher meets the eligibility requirements under— (c) section 33A (Eligibility for early childhood teacher registration); or (d) section 34 (Eligibility for permit to teach); or (e) section 35 (Additional eligibility requirements for permits to Examples––additional conditions the institute might impose • requiring the teacher to complete a course or an additional qualification • requiring the supervision of the teacher • requiring an applicant for provisional registration to attain the eligibility requirements necessary to apply for full registration within a stated period • restricting the subjects the teacher can teach

(6) However, the institute may impose an additional condition, only if— additional condition; and (i) the reasons for the proposed additional condition; and (ii) that written comments on the proposed additional condition may be made to the institute before the end of a stated period of at least 14 days after the day the notice is given to the teacher; and (7) The institute may make guidelines for imposing additional conditions on a registration or permit to teach. (8) A guideline is a notifiable instrument. (9) In this section: compulsory education age—see the Education Act 2004, section 9. kindergarten means the first level of education provided by a school. level of education—see the Education Act 2004, dictionary.

39 Extension of period for decision on additional condition (1) On written application by an approved teacher, the institute may extend the period mentioned in section 38 (6) (b) (ii).

(2) The institute may extend the period only if the institute is satisfied on the teacher’s circumstances. 1 a teacher did not receive a notice under s 38 (6) (a) because the teacher was unexpectedly hospitalised 2 a teacher needs more than 14 days to obtain information or documents to support the teacher’s written comments because the information or documents (3) The institute must tell the teacher in writing of the decision under subsection (1) and— Note The institute must also give the teacher a reviewable decision notice in

40 Institute to give notice of registration or permit to teach (1) If the institute registers a person, or renews a person’s registration, the institute must give the person a written notice stating the following: (a) the person’s name; (b) the date the registration starts and ends; (c) the person’s unique registration number; (d) the type of registration the person holds; (e) any conditions of the registration.

(2) If the institute issues a permit to teach to a person, or renews a person’s permit to teach, the institute must give the person a written notice stating the following: (a) the person’s name; (b) the date the permit to teach starts and ends; (c) each school where the person is permitted to teach; (d) any conditions of the permit to teach.

42 Keeping teachers register (1) The institute must keep a register (a teachers register) of teachers. (2) The teachers register may be kept in any form, including electronically. (3) The institute must not disclose any information in the teachers register to anyone else except in accordance with this Act or another law in force in the ACT. Note The Territory privacy principles (the TPPs) apply to the institute (see Information Privacy Act 2014, sch 1). The TPPs deal with the collection, storage and exchange of personal information. (4) Any mistake, error or omission in the teachers register must be corrected. Note It is an offence to divulge protected information such as the information on the teachers register unless authorised by law (see s 92).

Register of teachers Division 4.4

43 Details to be entered in teachers register (1) The following details must be entered in the teachers register in relation to a teacher: (a) the teacher’s name and any former names; (b) the address of each place (a registered teaching address) where the teacher teaches; (c) the teacher’s home address, preferred contact address and email address; (d) the teacher’s date of birth; (e) the teacher’s gender; (f) whether the teacher identifies as an Aboriginal or Torres Strait Islander person; (g) whether the teacher holds full registration, provisional registration, registration as an early childhood teacher or a permit to teach; (h) the teacher’s unique registration number; (i) the date of registration or a permit to teach; (j) the period of registration or a permit to teach; (k) details of any qualifications and experience, including any education program, relied on by the teacher to obtain registration or a permit to teach; (l) any conditions of registration or a permit to teach; (m) if the teacher’s registration or permit to teach has been suspended–– (i) the day the suspension took effect; and (ii) the grounds for suspension; and (iii) the period of suspension;

(n) if the teacher’s registration or permit to teach has been cancelled–– (i) the day the cancellation took effect; and (ii) the grounds for cancellation; (o) any other details prescribed by regulation. (2) The teachers register may also include the following information in relation to teachers that the institute considers may be relevant for this Act: (a) current employment; (b) teaching history; (c) education programs undertaken; (d) anything else prescribed by regulation.

43A Sharing teachers register information—status of registration or permit (1) The following information on the teachers register must be made available to a teacher’s employer or prospective employer on request: (a) whether a teacher holds full registration, provisional registration, registration as an early childhood teacher or a permit to teach; (b) any conditions that apply to the teacher’s registration or permit to teach; (c) whether the teacher’s registration or permit to teach is suspended or cancelled; (d) any education programs undertaken by the teacher. (2) However, the institute must not, under subsection (1) (c), make available the grounds for suspension or cancellation of a teacher’s registration or permit to teach.

Register of teachers Division 4.4 (3) The institute may make information on the teachers register, about whether a teacher holds full registration, provisional registration, registration as an early childhood teacher or a permit to teach, available to someone else on request.

44 Sharing teachers register information—corresponding registering authority Information in the register, including information that is not available to the public, may be given to a corresponding registering authority to assist in the regulation of teachers in the authority’s corresponding jurisdiction. Note Section 66 deals with information that the institute must give to a corresponding registering authority about suspension or cancellation action.

44A Sharing teachers register information—approved data linkage agency (1) The institute may give information on the teachers register to an approved data linkage agency if the institute is satisfied the information will be used for a planning or research purpose. Note Approved data linkage agency—see s 94A. (2) An approved data linkage agency that receives information under this section may give the information to another entity only for a planning (3) However, an approved data linkage agency that receives information under this section must not— (a) give the information to another entity in a way that identifies a teacher; or (b) use the information— (i) in a way that identifies a teacher; or (ii) for a purpose other than a planning or research purpose.

(4) In this section: information, on the teachers register, includes information removed from the teachers register under section 45 (3).

44B Sharing teachers register information—other entities (1) The institute may give information on the teachers register to an entity if the institute is satisfied the information will be used for a planning (2) However— (a) the institute must not give any information to an entity in a way that identifies a teacher; and (b) the entity must not use the information for a purpose other than a planning or research purpose. information, on the teachers register—see section 44A (4).

45 Changes to teachers register (1) A teacher must tell the institute about a change of the teacher’s name or address as soon as practicable but not later than 21 days after the change happens. (2) If a teacher tells the institute about a change of name or address under this section, the change must be entered in the teachers register. (3) If a person’s registration or permit to teach ends, details of the person’s registration or permit to teach must be removed from the teachers register. Note For when a person’s registration or permit to teach ends, see s 58. (4) However, nothing in this section prevents the institute keeping a record of–– (a) a previous name or address under subsection (2); or

Term of registration or permits to teach Division 4.5 (b) details about registration or permits to teach removed from the register under subsection (3). (5) In this section: address means home address, registered teaching address, preferred contact address and email address.

46 Teacher may correct teachers register (1) The institute must, if asked by a teacher, give the teacher a copy of all the information held in the teachers register in relation to the teacher. (2) The institute must comply with subsection (1) as soon as practicable, but not later than 14 days after the day the institute was asked. (3) A teacher may ask the institute to amend any incorrect information held in the teachers register in relation to the teacher. (4) The institute must comply with the request if satisfied that the information is incorrect. Division 4.5 Term of registration or permits to

47 Term of registration and permit to teach (1) A registration or permit to teach— (a) is issued for a period prescribed by regulation; and (b) starts on— (i) for a registration—the day the registration is issued; and (ii) for a permit to teach—the day stated in the permit. (2) A full registration or registration as an early childhood teacher may be renewed annually.

(3) A provisional registration may be renewed in the circumstances, and for the period, the institute is satisfied on reasonable grounds is appropriate. Examples—circumstances because of maternity leave, severe illness or other personal reasons a teacher is not able to gain the requisite teaching experience to achieve full registration within the prescribed period (4) A permit to teach may be renewed for a further period prescribed by regulation. Division 4.6 Renewal of registration and permits to

50 Notice of renewal for registration or permit to teach (1) If the institute fails to send a notice of renewal for a registration or permit to teach, or an approved teacher does not receive the notice, the failure or nonreceipt does not affect— (a) the expiry of the registration or permit to teach; or (b) the requirements for renewal of the registration or permit to teach. notice of renewal, for a registration or permit to teach, means a notice addressed to an approved teacher stating that the registration or permit to teach will end if the teacher does not renew the registration or permit to teach on or before the date stated in the notice.

51 Renewal of registration (1) A registered teacher may apply, in writing, to the institute not later than the day the teacher’s registration ends to renew the registration.

(2) The institute may, in writing, require the teacher to give the institute additional information or documents that the institute reasonably needs to decide the application. (3) If the teacher does not comply with a requirement under subsection (2), the institute may refuse to consider the application further. (4) On application to renew a registration, the institute must— (a) renew the registration; or (b) refuse to renew the registration. (5) The institute must renew the registration if satisfied— (a) for the renewal of–– (i) a full registration—that the teacher meets the requirements mentioned in section 32 (1) (e) to (h) and, in the 5-year period before the application for renewal is made, has taught for the period prescribed by regulation; or (ii) a provisional registration—that the teacher meets the requirements mentioned in section 33 (1) (a) and (d) to (g); or (iii) a registration as an early childhood teacher—that the teacher meets the requirements mentioned in section 33A (a), (d) and (e); and (b) that the teacher is complying with any condition of the (c) that the teacher has undertaken any further professional education or development requirements prescribed by (d) that the teacher holds working with vulnerable people

(6) However, the institute may refuse to renew the registration, only if— refusal; and (i) the reasons for the proposed refusal; and (ii) that written comments on the proposed refusal may be and Note The teacher may apply for an extension of the period (see s 55). (7) If a teacher applies to renew a registration under this section, the registration remains in force until the application is decided. (8) A renewed registration is effective from the expiry day of the registration held immediately before renewal. (9) A teacher who does not apply for renewal of the teacher’s registration under subsection (1) is not entitled to apply for the renewal of the registration but may apply for registration under section 30. (10) If the institute decides not to renew a teacher’s registration, the institute must as soon as practicable refund the fee, if any, paid by the teacher.

52 Renewal of registration with conditions (1) The institute may renew a registration with conditions if the institute is satisfied the conditions are necessary to ensure the teacher meets the eligibility requirements under—

(c) section 33A (Eligibility for early childhood teacher registration). Examples––additional conditions the institute might impose • requiring the teacher to complete a course or an additional qualification • requiring a teacher renewing provisional registration to attain the eligibility requirements necessary to apply for full registration within a stated period Note The institute may also impose, amend or remove a condition under s 56 (Amendment of registration or permit to teach on institute’s initiative) and s 57 (Amendment of registration or permit to teach on application). (2) However, the institute may impose a condition, only if— condition; and and Note The teacher may apply for an extension of the period (see s 55). (3) The institute may make guidelines for imposing conditions on a renewal of registration.

53 Renewal of permits to teach (1) A permit-holder may apply, in writing, to the institute not later than the day the permit-holder’s permit to teach ends to renew the permit to teach.

(2) The institute may, in writing, require the permit-holder to give the institute additional information or documents that the institute reasonably needs to decide the application. (3) If the permit-holder does not comply with a requirement under (4) On application to renew a permit to teach, the institute must— (a) renew the permit to teach; or (b) refuse to renew the permit to teach. (5) The institute must renew the permit to teach if satisfied–– (a) that the permit-holder is eligible for a permit to teach; and (b) that the permit-holder is complying with any condition of the permit to teach; and (c) that the permit-holder has undertaken any further professional education or development requirements prescribed by (d) that the permit-holder holds working with vulnerable people (6) However, the institute may refuse to renew the permit to teach, only if— (a) the institute has given the permit-holder written notice of the proposed refusal; and (i) the reasons for the proposed refusal; and

(ii) that written comments on the proposed refusal may be least 14 days after the day the notice is given to the permit- holder; and Note The permit-holder may apply for an extension of the period (see s 55). (c) the institute has considered any comments made by the permit- holder before the end of the stated period. (7) If an applicant applies to renew a permit to teach under this section, the permit to teach remains in force until the application is decided. (8) A permit to teach that is renewed is effective from the expiry day of the permit to teach held immediately before renewal. (9) A permit-holder who does not apply for renewal of a permit to teach under subsection (1) is not entitled to apply for the renewal of the permit but may apply for a permit to teach under section 30. (10) If the institute decides not to renew a person’s permit to teach, the institute must as soon as practicable refund the fee, if any, paid by the applicant.

54 Renewal of permits to teach with conditions (1) The institute may renew a permit to teach with conditions if the institute is satisfied the conditions are necessary to ensure the permit- holder meets the eligibility requirements under— (c) section 33A (Eligibility for early childhood teacher registration); or (d) section 34 (Eligibility for permit to teach); or

(e) section 35 (Additional eligibility requirements for permits to Examples––conditions the institute might impose • requiring the permit-holder to complete a course or an additional qualification • requiring the permit-holder to attain the eligibility requirements necessary to apply for provisional or full registration within a stated period • restricting the subjects the permit-holder can teach Note The institute may also impose, amend or remove a condition under s 56 (Amendment of registration or permit to teach on institute’s initiative) and s 57 (Amendment of registration or permit to teach on application). (2) However, the institute may impose a condition, only if— (a) the institute has given the permit-holder written notice of the proposed condition; and and Note The permit-holder may apply for an extension of the period (see s 55). (c) the institute has considered any comments made by the permit- holder before the end of the stated period. (3) The institute may make guidelines for imposing conditions on a renewal of a permit to teach.

55 Extension of period for decision on renewal of registration or permit to teach or imposition of condition (1) This section applies if a person seeks an extension of a period mentioned in the following sections to provide written comments: (a) section 51 (6) (b) (ii) (Renewal of registration); (b) section 52 (2) (b) (ii) (Renewal of registration with conditions); (c) section 53 (6) (b) (ii) (Renewal of permits to teach); (d) section 54 (2) (b) (ii) (Renewal of permits to teach with conditions). (2) On written application by a person, the institute may extend the period mentioned in the section. (3) The institute may extend the period only if the institute is satisfied on 1 a person did not receive the written notice under the relevant section because the person was unexpectedly hospitalised 2 a person needs more than 14 days to obtain information or documents to support the person’s written comments because the information or documents (4) The institute must tell the person in writing of the decision under subsection (2) and—

Division 4.7 Amendment and end of registration and permits to teach Division 4.7 Amendment and end of registration and permits to teach 56 Amendment of registration or permit to teach on institute’s initiative (1) The institute may, at any time on the institute’s own initiative, amend an approved teacher’s registration or permit to teach, including by imposing, amending or removing a condition, other than a condition mentioned in section 38 (1) (Conditions of registration and permits to (2) However, the institute may amend a registration or permit to teach only if— amendment; and (i) the reasons for the proposed amendment; and (ii) that written comments on the proposal may be made to the institute before the end of a stated period of at least 14 days after the day the notice is given to the teacher; and (c) the institute has considered any comments made before the end of the stated period. (3) On written application by the teacher, the institute may extend the period mentioned in subsection (2) (b) (ii).

Amendment and end of registration and permits to teach Division 4.7 (4) The institute may extend the period only if the institute is satisfied on the teacher’s circumstances. 1 a teacher did not receive the written notice under the relevant section because the teacher was unexpectedly hospitalised 2 a teacher needs more than 14 days to obtain information or documents to support the teacher’s written comments because the information or documents (5) The institute must tell the teacher in writing of a decision under subsection (3) and— Note The institute must also give the teacher a reviewable decision notice in (6) The institute may make guidelines for amending a registration or permit to teach. (7) A guideline is a notifiable instrument.

57 Amendment of registration or permit to teach on application (1) An approved teacher may apply to the institute to amend the teacher’s registration or permit to teach, including by amending or removing a condition, other than a condition mentioned in section 38 (1)).

Division 4.7 Amendment and end of registration and permits to teach (2) The institute may, in writing, require the applicant to give the institute additional information or documents that the institute reasonably needs to decide the application. (3) If the applicant does not comply with a requirement under (4) On application by an approved teacher to amend a registration or permit to teach the institute must— (a) amend the registration or permit to teach in the way applied for; or (b) refuse to amend the registration or permit to teach. (5) In deciding whether to amend the registration or permit to teach, the institute may consider anything the institute may consider in relation to an application for a registration or permit to teach.

58 End of registration or permit to teach A person’s registration or permit to teach ends— (a) if the registration or permit to teach is not renewed––on the day the registration or permit to teach ends; or (b) if the registration or permit to teach is cancelled––on the day the cancellation takes effect; or Note A registration or permit to teach may be cancelled under the following sections: • s 65 (1) (Suspending or cancelling registration or permit to teach) • s 68 (Voluntary cancellation of registration or permit to teach) • s 69 (Inquiries about registered addresses). (c) if the person dies.

Codes of practice Part 5

59 Codes of practice (1) The Minister may approve a code of practice (an approved code of practice) to provide guidance about appropriate professional conduct or practice for the teaching profession. (2) Before approving a proposed code of practice, the Minister must consult the institute. (3) An approved code of practice may consist of a code, standard, rule, specification or provision relating to the practice of teaching and may apply, adopt or incorporate a law or instrument, or a provision of a law or instrument, as in force from time to time. Note A statutory instrument may also apply, adopt or incorporate (with or without change) a law or instrument (or a provision of a law or instrument) as in force at a particular time (see Legislation Act, s 47 (1)). (4) An approved code of practice is a disallowable instrument.

60 Notice of code approvals (1) The institute must give public notice of each approval of a code under section 59 (1) that— (a) states the date when the approval takes effect; and (b) states the place where copies of the code to which the approval relates may be purchased; and (c) contains a statement to the effect that an up-to-date copy of each approved code, and any document the provisions of which are applied, adopted or incorporated in an approved code, may be inspected by members of the public during normal business hours at the office of an administrative unit administered by the director-general and an office operated by the institute. Note Public notice means notice on an ACT government website or in a daily newspaper circulating in the ACT (see Legislation Act, dict, pt 1).

(2) The director-general must, at all times, ensure that an up-to-date copy of each approved code of practice, and any document the provisions of which are applied, adopted or incorporated in an approved code are available for inspection by members of the public during normal business hours at the office of an administrative unit administered by the director-general and an office operated by the institute.

61 Approved code of practice may be considered In deciding whether a person has met an appropriate standard of professional conduct or practice under this Act, the institute may consider whether a person has complied with any approved code of practice in relation to the conduct or practice.

62 Relationship of Act with approved codes of practice (1) An approved code of practice has no effect to the extent that it is inconsistent with this Act. (2) However, an approved code of practice is taken to be consistent with this Act to the extent that it can operate concurrently with this Act. Note 1 For the approval of codes of practice, see s 59. Note 2 A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

Suspension or cancellation of registration or permits to teach Division 6.1

Division 6.1 Suspension or cancellation of registration or permits to teach

63 Grounds for suspending or cancelling registration or permits to teach (1) The institute may suspend or cancel a person’s registration or permit to teach if–– (a) the person–– (i) contravenes a condition of the person’s registration or (ii) has become mentally or physically incapacitated and the incapacity prevents the person from performing an inherent requirement of their job as a teacher; and (b) the institute believes on reasonable grounds that suspension or cancellation is necessary for this Act. Note The institute’s decision to suspend or cancel a person’s registration or permit to teach is reviewable (see s 88). (2) Also, the institute may suspend a person’s registration or permit to teach if the institute is satisfied on reasonable grounds that an unacceptable risk of harm to a child would exist if the person’s registration or permit to teach were not suspended. (3) The institute may, at any time, consider whether there is a ground for suspending or cancelling a person’s registration or permit to teach under subsection (1).

64 Notice of proposed suspension or cancellation of registration or permits to teach (1) The institute must give written notice to a person of an intention to suspend or cancel the person’s registration or permit to teach.

Division 6.1 Suspension or cancellation of registration or permits to teach (2) However, the institute need not give the notice to the person if the institute intends to suspend the person’s registration or permit to teach under section 63 (2). (3) The notice must— (a) set out the ground for suspension or cancellation; and (b) state that the person may, within 14 days after the day the institute gives the person the notice, give reasons why the person considers that the registration or permit to teach should not be suspended or cancelled. Note For how documents may be served, see the Legislation Act, pt 19.5. (4) On written application by the person, the institute may extend the period mentioned in subsection (3) (b). (5) The institute may extend the period only if the institute is satisfied on (6) The institute must tell the person in writing of a decision under subsection (4) and—

Suspension or cancellation of registration or permits to teach Division 6.1

65 Suspending or cancelling registration or permit to teach (1) The institute may suspend or cancel a person’s registration or permit to teach if the institute— (a) if notice is required to be given under section 64—has given written notice to the person of an intention to suspend or cancel the registration or permit to teach; and (b) has considered any reasons given by the person in accordance with the notice; and (c) is satisfied that the ground for suspension or cancellation under section 63 exists. Note The institute’s decision to suspend or cancel a person’s registration or permit to teach is reviewable (see s 88). (2) If the institute decides to suspend or cancel a person’s registration or permit to teach, the institute must— (a) tell the person in writing— (i) that the person’s registration or permit to teach is suspended or cancelled; and (ii) the ground for suspension or cancellation; and (iii) if the registration or permit to teach is suspended––the period of suspension; and Note The institute must also give the person a reviewable decision notice in relation to the decision to suspend or cancel the person’s registration or permit to teach (see s 89). (b) tell the person’s employer (if any) in writing that the person’s registration or permit to teach is suspended or cancelled. (3) For subsection (2) (b), the institute must not tell the person’s employer the ground for suspension or cancellation.

Division 6.1 Suspension or cancellation of registration or permits to teach (4) The suspension or cancellation takes effect— (a) on the day after the day the institute tells the person in writing that the person’s registration or permit to teach is suspended or cancelled; or (b) if a later date is stated in the notice of suspension or cancellation—the later date.

66 Giving corresponding registering authorities information about suspension or cancellation action (1) This section applies if the institute suspends or cancels a person’s registration or permit to teach. (2) The institute must give each corresponding registering authority the following information in relation to the person: (a) the name and any other identifying details of the person; (b) a short description of the ground for suspension or cancellation; (c) if the registration or permit to teach is suspended—the period of suspension; (d) when the suspension or cancellation takes effect. (3) This section does not limit any other requirement or power, under this Act or another law in force in the ACT, to give information to a corresponding registering authority.

67 Employer’s obligation to notify institute about teacher The employer of an approved teacher must tell the institute, in writing, if the employer has reasonable grounds for believing any of the following has happened: (a) the teacher has become mentally or physically incapacitated and the incapacity prevents the person from performing an inherent requirement of their job as a teacher;

Other regulatory action Division 6.2 (b) the teacher is given a negative notice under the Working with Vulnerable People (Background Checking) Act 2011, section 40; (c) the teacher’s working with vulnerable people registration— (i) is made subject to a condition or interim condition; or (iii) has ended. Division 6.2 Other regulatory action

68 Voluntary cancellation of registration or permit to teach The institute must cancel an approved teacher’s registration or permit to teach if— (a) the teacher asks, in writing, for the cancellation; and (b) the institute has no ground for believing that the teacher has contravened, or is contravening, this Act.

69 Inquiries about registered addresses (1) The institute may, by written notice, ask a person— (a) if the person’s address in the teachers register is correct; and (b) for a person without a registered teaching address—if the person has a school address. (2) A notice under subsection (1) must state the consequences under subsection (3) of failing to respond to the notice. (3) If the institute does not receive an answer to a notice sent to a person under subsection (1) within 2 months after the day the notice is sent to the person, the institute may cancel the person’s registration or permit to teach.

70A Disclosure of information to institute (1) The institute may, by written notice, ask the employer of an approved teacher for any information that the institute believes on reasonable grounds is relevant to— (a) considering, under this part, whether there is a ground for suspending or cancelling an approved teacher’s registration or (b) imposing a condition on an approved teacher’s registration or permit to teach under section 38 (Conditions of registration and permit to teach). (2) The employer of an approved teacher must give the institute any information in relation to an approved teacher that is requested under subsection (1).

70B Employer to tell institute about notification event (1) The employer of an approved teacher commits an offence if— (a) a notification event happens in relation to the approved teacher; and (b) the employer does not, on the day of the notification event or within 5 working days after the event, give written notice of the event to the institute. disciplinary action means any of the following actions by the employer of an approved teacher: (a) terminating the employment of the approved teacher;

Disclosure of information Division 6.3 (b) if there is a formal investigation of, or a full admission by, the approved teacher— (i) giving a written warning to the approved teacher; or (ii) imposing a financial penalty on the approved teacher; or (iii) lowering the classification level of the approved teacher; or (iv) transferring the approved teacher to another position at their current classification level or a lower level (either permanently or temporarily); or (v) removing an employment-related monetary benefit from the approved teacher. formal investigation, by an employer— (a) includes an investigation of a matter— (i) under an internal or external procedure of the employer; or (ii) by an independent or external body engaged by the employer for the investigation; but (b) does not include a preliminary factual inquiry by the employer about a matter. notification event means any of the following: (a) the employer of an approved teacher tells the teacher that the employer has decided to begin a formal investigation of the teacher; (b) the employer of an approved teacher takes disciplinary action against the teacher under the terms of the teacher’s employment; (c) the employer of an approved teacher removes, cancels or ends the access of the teacher to casual employment; (d) an approved teacher, who is the subject of a formal investigation or preliminary factual inquiry by the employer, resigns.

preliminary factual inquiry, by an employer, means an investigation of a matter by the employer to assess whether to conduct a formal investigation of the matter.

70C Institute may request further information (1) If notice is given under section 70B by the employer of an approved teacher, the institute may, by written notice, ask the employer to give further information within a stated time in relation to the notification event. further information, in relation to a notification event, includes the following: (a) identifying details of the approved teacher; (b) a description of the notification event; (c) the date the notification event occurred; (d) details about any planned, ongoing or completed investigation of the notification event; (e) other information in relation to the notification event. notification event—see section 70B (3). 70CA Institute to give relevant information to prevent child harm (1) This section applies if— (a) the institute is satisfied on reasonable grounds that a person poses an unacceptable risk of harm to a child; and (b) the person is, or has been, an approved teacher.

Disclosure of information Division 6.3 (2) The institute must give relevant information about the person to the regulatory authority or a corresponding registering authority if the institute is satisfied on reasonable grounds that giving the relevant information to the authority could prevent the person from harming a child. notification event—see section 70B (3). regulatory authority—see the Education and Care Services National Law (ACT), section 5 (1). Note 1 The director-general is the regulatory authority (see Education and Care Services National Law (ACT) Act 2011, s 10). Note 2 The Education and Care Services National Law (ACT) Act 2011, s 6 applies the Education and Care Services National Law set out in the Education and Care Services National Law Act 2010 (Vic), schedule as if it were an ACT law called the Education and Care Services National Law (ACT). relevant information, in relation to a person who is, or has been, an approved teacher, means any of the following information: (a) the type of registration the person holds or has held; (b) whether the person is, or has been, a permit-holder; (c) whether the person’s application for registration or permit to teach has been refused; (d) whether the person’s registration or permit to teach is suspended or cancelled; (e) the nature of any conditions imposed on the person’s registration or permit to teach; (f) the nature of any notification event that has happened in relation to the person;

(g) the person’s teaching qualifications; (h) whether the person holds working with vulnerable people

70D Protection of information disclosed under this division (1) A requirement to disclose information to the institute under this division— (a) applies despite any territory law to the contrary; and (b) does not limit the disclosure of information that may be made under any other territory law. (2) A person disclosing information to the institute under this division is not civilly liable for anything done or omitted to be done honestly and without recklessness— (a) in complying with this division; or (b) in the reasonable belief that the disclosure complied with this division.

Preliminary Division 6A.1

Division 6A.1 Preliminary

70E Meaning of professional experience In this Act: professional experience means the placement of a pre-service teacher at a school to undertake the professional teaching experience required of an accredited pre-service teacher education program. Division 6A.2 Approval for professional experience

70F Approval required for professional experience A pre-service teacher must not undertake professional experience at a school unless the pre-service teacher is approved for professional experience.

70G Professional experience approval (1) A person may apply to the institute for approval for professional experience if the person— (a) is a pre-service teacher; and (b) holds a working with vulnerable people registration. (2) The application must include— (a) any details prescribed by regulation; and (b) any documents or information needed to satisfy the institute of the matters set out in subsection (1). (3) However, the application need not include any details prescribed by regulation as optional.

(4) The institute must, on application, approve a person for professional experience if satisfied that the person meets— (a) the requirements set out in subsection (1); and (b) any other requirements prescribed by regulation. (5) A pre-service teacher’s approval is in force for the period— (a) beginning on the day the approval is given; and (b) ending on the earliest of any of the following occurring: (i) the pre-service teacher stops being enrolled in an accredited pre-service teacher education program; (ii) the pre-service teacher’s working with vulnerable people (A) is made subject to a condition that the person not engage in a regulated activity involving children; or (B) is suspended; or (C) ends; (iii) the pre-service teacher no longer meets any requirement prescribed by regulation under subsection (4) (b); (iv) any period for an approval prescribed by regulation ends.

70H Register of pre-service-teachers (1) The institute must keep a register (the pre-service teachers register) of pre-service teachers who are approved to undertake professional experience.

(2) The pre-service teachers register may be kept in any form, including electronically. (3) The institute must not disclose any information on the pre-service teachers register to anyone else except in accordance with this Act or another law in force in the ACT. Note The Territory privacy principles (the TPPs) apply to the institute (see Information Privacy Act 2014, sch 1). The TPPs deal with the collection, storage and exchange of personal information. (4) Any mistake, error or omission on the pre-service teachers register must be corrected. Note It is an offence to divulge protected information such as the information on the pre-service teachers register unless authorised by law (see s 92).

70I Details to be entered on pre-service teachers register (1) The following details must be entered on the pre-service teachers register in relation to a pre-service teacher approved for professional experience: (a) the pre-service teacher’s— (i) name and any former names; and (ii) home address, preferred contact address, phone number and email address; and (iii) date of birth; and (iv) working with vulnerable people registration; (b) any number issued by the Commonwealth to uniquely identify the pre-service teacher as a Commonwealth assisted student; the pre-service teacher’s Commonwealth Higher Education Student Support Number

(c) details of the accredited pre-service teacher education program in which the pre-service teacher is enrolled, including— (i) the program provider’s name; and (ii) the name of the program; (d) details of any professional experience the pre-service teacher has undertaken or intends to undertake at a school within or outside the ACT, including— (i) the name and address of the school; and (ii) the period of the placement; and (iii) the name of any person supervising or mentoring the pre-service teacher; (e) the period the approval is in force; (f) the approval number; (g) any other details prescribed by regulation. (2) The pre-service teachers register may also include— (a) the pre-service teacher’s gender; and (b) whether the pre-service teacher is an Aboriginal or Torres Strait Islander person; and (c) any details about any education program or professional experience of a pre-service teacher that the institute considers may be relevant for this Act.

70J Sharing pre-service teachers register information— principals and universities (1) The institute may, on request, give relevant information about a pre-service teacher held on the pre-service teachers register to the following people: (a) the principal of a school within or outside the ACT at which the pre-service teacher has undertaken, or intends to undertake, professional experience; (b) the provider of the accredited pre-service teacher education program in which the pre-service teacher is enrolled. (2) However, the institute must not give the relevant information unless satisfied the person needs the information for the administration of the pre-service teacher’s professional experience. relevant information, about a pre-service teacher, means— (a) the pre-service teacher’s— (i) name and any former names; and (ii) home address, preferred contact address, phone number and email address; and (iii) date of birth; and (iv) working with vulnerable people registration; and (b) the name of the provider of the accredited pre-service teacher education program in which the pre-service teacher is enrolled; and (c) the following details of any professional experience the pre-service teacher has undertaken or intends to undertake at a school within or outside the ACT: (i) the name and address of the school;

(ii) the period of the professional experience; (iii) the name of any person supervising or mentoring the pre-service teacher.

70K Sharing pre-service teacher information—approved data linkage agency (1) The institute may give information on the pre-service teachers register to an approved data linkage agency if the institute is satisfied the information will be used for a planning or research purpose. Note Approved data linkage agency—see s 94A. (2) An approved data linkage agency that receives information under this section may give the information to another entity only for a planning (3) However, an approved data linkage agency that receives information under this section must not— (a) give the information to another entity in a way that identifies a pre-service teacher or a provider of an accredited pre-service teacher education program; or (b) use the information— (i) in a way that identifies a pre-service teacher or a provider of an accredited pre-service teacher education program; or (ii) for a purpose other than a planning or research purpose. (4) In this section: information, on the pre-service teachers register, includes information removed from the pre-service teachers register under section 70M (4).

70L Sharing pre-service teachers register information—other entities (1) The institute may give information on the pre-service teachers register to an entity if the institute is satisfied the information will be used for a planning or research purpose. (2) However— (a) the institute must not give the information to an entity in a way that identifies a pre-service teacher or a provider of an accredited pre-service teacher education program; and (b) the entity must not use the information for a purpose other than a planning or research purpose. information, on the pre-service teachers register—see section 70K (4).

70M Changes to pre-service teachers register (1) A pre-service teacher approved for professional experience must tell the institute about any of the following events as soon as practicable, but not later than 21 days, after the event happens: (a) the pre-service teacher’s name or address changes; (b) the pre-service teacher’s working with vulnerable people (i) is made subject to a condition that the person not engage in a regulated activity involving children; or (iii) ends.

(2) The provider of the accredited pre-service teacher education program in which a pre-service teacher is enrolled must tell the institute— (a) if the pre-service teacher’s enrolment ends; or (b) if the provider becomes aware that the pre-service teacher’s working with vulnerable people registration— (i) is subject to a condition that the person not engage in a regulated activity involving children; or (iii) has ended. (3) If a change in relation to a pre-service teacher is notified under subsection (1) or (2), the institute must enter the change on the pre-service teachers register. (4) If a pre-service teacher’s approval ends, the pre-service teacher’s details must be removed from the pre-service teachers register. Note For when a pre-service teacher’s approval ends, see s 70G (5) (b). (5) However, nothing in this section prevents the institute keeping a record of any of the following in relation to a pre-service teacher or an approval: (a) a previous name or address of the pre-service teacher; (b) a previous enrolment of the pre-service teacher in a pre-service teaching education program; (c) any details removed from the pre-service teachers register under subsection (4). (6) In this section: address means home address, preferred contact address and email address.

70N Pre-service teacher may correct pre-service teachers register (1) The institute must, if asked by a pre-service teacher, give the pre-service teacher a copy of all the information held on the pre-service teachers register in relation to the pre-service teacher. (2) The institute must comply with subsection (1) as soon as practicable, but not later than 14 days, after the day the institute is asked. (3) A pre-service teacher may ask the institute to amend any incorrect information held on the pre-service teachers register in relation to the pre-service teacher. (4) The institute must comply with the request if satisfied that the information is incorrect.

Division 7.1 Register of accredited education programs Part 7 Accreditation––education programs Division 7.1 Register of accredited education programs 71 Education programs register (1) The institute must keep a register of education programs (an education programs register). (2) The institute must enter in the education programs register details of the following: (a) programs that the institute accredits; (b) programs that the institute suspends or cancels; (c) anything else decided by the institute in relation to education programs. (3) The education programs register–– (a) may be kept in any form, including electronically; and (b) must be made available to the public. Example––par (a) (4) However, subsection (3) (b) does not apply to details in the education programs register about anything prescribed by regulation. (5) Any mistake, error or omission in the education programs register must be corrected.

72 Institute may initiate accreditation of education program (1) The institute may, on its own initiative, accredit an education program. (2) In deciding whether to accredit an education program, the institute must comply with section 76 (Criteria for accreditation of education programs). (3) The institute may accredit a program on conditions.

73 Applying for accreditation (1) An education provider may apply to the institute for accreditation of an education program. (2) The applicant must give the institute any information required by it to decide the application.

74 Decision about accreditation (1) On application for accreditation of an education program under this part, the institute must–– (a) accredit the program; or (b) refuse to accredit the program. (2) In deciding the application, the institute must comply with section 76 (Criteria for accreditation of education programs). (3) Subsection (2) does not limit the grounds on which the institute may refuse to accredit the program.

(4) The institute may accredit a program on conditions. Example––condition requiring education provider to notify institute of significant changes to program structure (5) The institute may refuse to accredit the program under subsection (1) or impose a condition on the accreditation under subsection (4), only if— (a) the institute has given the education provider written notice of the proposed refusal or condition; and (i) the reasons for the proposed refusal or condition; and (ii) that written comments on the proposed refusal or condition may be made to the institute before the end of a stated period of at least 14 days after the day the notice is given to the education provider; and (c) the institute has considered any comments made by the education provider before the end of the stated period. (6) If the institute decides to accredit the program, it must enter the program in the education programs register. (7) On written application by an education provider, the institute may extend the period mentioned in subsection (5) (b) (ii). (8) The institute may extend the period only if the institute is satisfied on the education provider’s circumstances. Example—when period may be extended an education provider needs more than 14 days to obtain information or documents to support the provider’s written comments because the information or documents are from interstate

(9) The institute must tell the education provider in writing of a decision under subsection (7) and— Note The institute must also give the education provider a reviewable decision notice in relation to a decision to—

75 Accreditation guidelines (1) The institute may make guidelines for the accreditation of education programs (the accreditation guidelines). (2) A guideline is a notifiable instrument.

76 Criteria for accreditation of education programs In making a decision under this part, the institute must–– (a) be satisfied about the following: (i) the suitability of the education program to prepare pre-service teachers for employment as early childhood, primary school or secondary school teachers; (ii) the suitability of the education program in supporting the professional development of teachers; (iii) the assessment processes to be used to establish whether a person has achieved the learning outcomes of the education program; (iv) that any nationally recognised standards for the accreditation of education programs are met; and (b) apply any accreditation guidelines.

77 Expert committee (1) The institute must establish a committee under division 3.3 (Institute board committees) to help the institute decide an application to accredit an education program under this part. (2) The committee must include as members people who are, in the institute’s opinion— (a) qualified in the program’s area of study; and (b) qualified to assess the educational and management capacity of the proposed education provider; and (c) qualified to assess the suitability of the program and of the proposed delivery methods of the program.

78 Period of accreditation (1) An education program may be accredited for up to 5 years. (2) However, if an education provider applies to renew an accreditation under section 79, the accreditation remains in force until the application is decided.

79 Renewal of accreditation (1) An education provider may apply, in writing, to the institute for renewal of accreditation of an education program not later than 6 months before the day the accreditation ends. (2) The institute may, in writing, require the education provider to give the institute additional information or documents that the institute reasonably needs to decide the application. (3) If the education provider does not comply with a requirement under

(4) On application to renew an accreditation, the institute must— (a) renew the accreditation; or (b) refuse to renew the accreditation. (5) In deciding whether to renew the accreditation, the institute may consider anything the institute may consider in relation to an application for an accreditation. (6) The institute may renew the accreditation on conditions. (7) A renewed accreditation is effective from the expiry day of the accreditation held immediately before renewal. (8) An education provider who does not apply for renewal of the accreditation under subsection (1) is not entitled to apply for the renewal of the accreditation but may apply for accreditation under section 73. (9) If the institute decides not to renew an accreditation, the institute must as soon as practicable refund the fee, if any, paid by the education provider.

80 Review of accredited education program (1) The institute may review an education program not later than 12 months after the day the program was accredited. (2) If the institute is satisfied that the education program fails to meet the criteria under section 76, the institute may–– (a) impose a condition on the accreditation; or Example––condition a nationally recognised standard be met in the delivery of the education program (b) suspend or cancel the accreditation under section 83 (1).

(3) However, the institute may impose a condition on accreditation, only if— (a) the institute has given the education provider written notice of the proposed condition; and least 14 days after the day the notice is given to the education provider; and (c) the institute has considered any comments made by the education provider before the end of the stated period. (4) On written application by an education provider, the institute may extend the period mentioned in subsection (3) (b) (ii). (5) The institute may extend the period only if the institute is satisfied on the education provider’s circumstances. Example—when period may be extended an education provider needs more than 14 days to obtain information or documents to support the provider’s written comments because the information or documents are from interstate (6) The institute must tell the education provider in writing of a decision under subsection (4) and—

Note The institute must also give the education provider a reviewable decision notice in relation to a decision to—

81 Grounds for suspending or cancelling accreditation The institute may suspend or cancel the accreditation of an education program–– (a) if the institute is satisfied that the program no longer meets the criteria under section 76; or (b) in the circumstances prescribed by regulation. Note The institute’s decision to suspend or cancel an accreditation of an education program is reviewable (see s 88).

82 Notice of proposed suspension or cancellation of accreditation (1) The institute must give written notice of an intention to suspend or cancel the accreditation of an education program to an education provider. (2) The notice must— (a) set out the ground for suspension or cancellation; and (b) state that the provider may, within 14 days after the day the institute gives the provider the notice, give reasons why the provider considers that the accreditation should not be suspended or cancelled. Note For how documents may be served, see the Legislation Act, pt 19.5.

(3) On written application by the provider, the institute may extend the period mentioned in subsection (2) (b). (4) The institute may extend the period only if the institute is satisfied on the provider’s circumstances. (5) The institute must tell the provider in writing of a decision under subsection (3) and— Note The institute must also give the provider a reviewable decision notice in

83 Suspending or cancelling accreditation (1) The institute must suspend or cancel the accreditation of an education program if the institute— (a) has given written notice to the education provider of an intention to suspend or cancel the accreditation; and (b) has considered any reasons given by the provider in accordance with the notice; and (c) is satisfied that the ground for suspension or cancellation under section 81 exists. Note The institute’s decision to suspend or cancel an accreditation of an education program is reviewable (see s 88). (2) The institute must tell the provider in writing— (a) that the accreditation is suspended or cancelled; and

(b) the ground for suspension or cancellation; and (c) if the accreditation is suspended––the period of suspension. Note The institute must also give the education provider a reviewable decision notice in relation to the decision to suspend or cancel the accreditation (see s 89). (3) The suspension or cancellation takes effect— (a) on the day after the day the institute tells the provider in writing that the accreditation is suspended or cancelled; or (b) if a later date is stated in the notice of suspension or cancellation—the later date.

84 Voluntary cancellation of accreditation The institute must cancel the accreditation of an education program on application by the education provider.

85 Suspension or cancellation of accreditation—education program previously agreed (1) This section applies to an education program provided by an education provider if— (a) the institute suspends or cancels the accreditation of the program; and (b) before the suspension or cancellation takes effect, the provider enters into an agreement to provide the program to someone else. (2) On application by the provider, the institute may approve the provision of the education program under the agreement for not longer than 2 years after the suspension or cancellation, if the institute considers it is justified in the circumstances.

(3) In making a decision under subsection (2), the institute must take into account— (a) the welfare of people to whom the program is to be provided; and (b) the nature and quality of the program. (4) The accreditation of the education program is taken to continue during the period stated in the approval only to enable the provider to— (a) provide the program; or (b) issue any qualification or statement of attainment in relation to the program. (5) The institute may, in exceptional circumstances, direct the provider to immediately stop providing the education program. Example––exceptional circumstance serious incompetence in the delivery of the education program (6) If the institute gives a direction to a provider under subsection (5), the accreditation of the education program is taken to be cancelled from the day the direction is given.

86 Registering end of accreditation If the accreditation of an education program ends (whether by expiry or cancellation), the institute must remove the details of the program from the education programs register.

87 Offence to falsely claim education program accredited (1) A person commits an offence if the person–– (a) claims to provide an accredited education program; and (b) the program is not an accredited education program.

(2) For subsection (1), a person claims to provide an accredited education program if the person— (a) makes the claim; or (b) says or does anything likely to induce someone else to believe the program the person provides is an accredited education program. (3) An offence against this section is a strict liability offence.

Part 8 Notification and review of decisions Part 8 Notification and review of decisions 88 Meaning of reviewable decision—pt 8 In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

89 Reviewable decision notices If the institute makes a reviewable decision, the institute must give a reviewable decision notice only to each entity mentioned in schedule 1, column 4 in relation to the decision.

90 Applications for review An entity mentioned in schedule 1, column 4 in relation to a reviewable decision may apply to the ACAT for review of the decision.

91 Protection from civil liability (1) A person exercising a function under this Act does not incur civil liability for an act or omission done honestly and without negligence for this Act. (2) Civil liability that would, apart from this section, attach to a person attaches instead to the Territory. Note A reference to an Act includes a reference to the statutory instruments made or in force under the Act, including any regulation (see Legislation Act, s 104).

92 Offences—use or divulge protected information (1) A person to whom this section applies commits an offence if— (a) the person uses information; and (b) the information is protected information about someone else; and (c) the person is reckless about whether the information is protected information about someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (2) A person to whom this section applies commits an offence if— (a) the person does something that divulges information; and (b) the information is protected information about someone else; and (c) the person is reckless about whether— (i) the information is protected information about someone else; and

(ii) doing the thing would result in the information being divulged to someone else. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) Subsections (1) and (2) do not apply if the information is used or divulged— (a) under this Act or another territory law; or (b) in relation to the exercise of a function, as a person to whom this section applies, under this Act or another territory law; or (c) in a court proceeding; or (d) to a person administering or enforcing a corresponding law of a corresponding jurisdiction. Note Corresponding law––see the dictionary. (4) Subsections (1) and (2) do not apply to the using or divulging of protected information about a person with the person’s consent. Note The defendant has an evidential burden in relation to the matters mentioned in s (3) and s (4) (see Criminal Code, s 58). (5) A person to whom this section applies need not divulge protected information to a court, or produce a document containing protected information to a court, unless it is necessary to do so for this Act or another law applying in the territory. (6) In this section: court includes a tribunal, authority or person having power to require the production of documents or the answering of questions. divulge includes— (a) communicate; or (b) publish.

person to whom this section applies means— (a) a person who is or has been a member of the institute board; or (b) anyone else who has exercised a function under this Act. produce includes allow access to. protected information means information about a person that is disclosed to, or obtained by, a person to whom this section applies because of the exercise of a function under this Act by the person or someone else. Examples—protected information 1 information obtained by the institute about an applicant for registration or a 2 information disclosed by the institute in seeking information or advice from an entity about an approved teacher use information includes make a record of the information. Note The Crimes Act 1900, s 153 also deals with disclosure of information by public employees or people performing services for the Territory or a territory authority. Section 92 applies to members of the institute board and anyone else who has exercised a function under the Act.

93 Evidentiary certificates (1) The institute may give a signed certificate— (a) stating that on a stated date or during a stated period a named person was or was not registered or a permit-holder; and (b) if the person was registered or a permit-holder—including details of the person’s registration or permit to teach. (2) The institute may give a signed certificate— (a) stating that on a stated date or during a stated period an education program was or was not accredited; and (b) if the program was accredited—including details of the accreditation.

(3) A certificate under this section is evidence of the matters stated in it. (4) Unless the contrary is proved, a document that purports to be a certificate under this section is taken to be a certificate.

94 Disqualification orders (1) If a court finds a person guilty of an offence against this Act, the court may make an order disqualifying the person from applying for registration or a permit to teach for a stated period or until a stated thing happens. offence against this Act includes an offence against the Criminal Code in relation to anything done, or not done, under or in relation to this Act.

94A Approved data linkage agency (1) The Minister may approve, in writing, an entity (an approved data linkage agency) to which the institute may give information on the teachers register and the pre-service teachers register for a planning (2) The Minister must not approve an entity as an approved data linkage agency unless the Minister is satisfied that— (a) the entity’s policies, procedures and practices for handling personal information comply with the Privacy Act 1988 (Cwlth), the Information Privacy Act 2014 or a law of another jurisdiction that corresponds or substantially corresponds to either of those Acts; and (b) the entity stores and protects personal information in accordance with the Australian Government’s Protective Security Policy Framework or a policy of another jurisdiction that corresponds or substantially corresponds to the framework; and Note The Protective Security Policy Framework is accessible at www.protectivesecurity.gov.au.

(c) the entity manages personal information in accordance with the Archives Act 1983 (Cwlth), the Territory Records Act 2002 or a law of another jurisdiction that corresponds or substantially corresponds to either of those Acts.

95 Determination of fees (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument.

96 Approved forms (1) The institute may approve forms for this Act. (2) If the institute approves a form for a particular purpose, the approved form must be used for the purpose. (3) An approved form is a notifiable instrument.

97 Determination of standards (1) The institute may determine standards for this Act. (2) A determination is a notifiable instrument. (3) A notifiable instrument may apply, adopt or incorporate a law or instrument as in force from time to time. Note The text of an applied, adopted or incorporated law or instrument, whether applied as in force from time to time or at a particular time, is taken to be a notifiable instrument if the operation of the Legislation Act, s 47 (5) or (6) is not disapplied (see s 47 (7)).

98 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may make provision in relation to–– (a) the eligibility requirements for registration and permits to teach; and

(b) the professional learning and development of teachers; and (c) the assessment and certification of teachers; and (d) the accreditation of education programs for pre-service teachers and teachers. (3) A regulation may also prescribe offences for contraventions of the regulations and prescribe maximum penalties of not more than 20 penalty units for offences against a regulation.

Reviewable decisions Schedule 1 (see pt 8) item 1 31 (3) refuse to grant extension of time person applying for registration or permit to 2 36 (1) (d) refuse to register person or issue registration or permit to 3 36 (2) provisionally register applicant who applied for full registration person applying for full 4 36 (3) fully or provisionally register applicant who applied for early childhood teacher registration person applying for early childhood teacher 5 36 (4) register as an early childhood teacher applicant who applied for full or provisional registration person applying for full or provisional registration 6 36 (5) issue permit to teach to applicant who applied for registration 7 37 (1) extend period for less than 8 37 (1) refuse to extend period person applying for 9 38 (4) register or issue permit to teach with additional condition 10 39 (1) extend period for less than 11 39 (1) refuse to extend period approved teacher 12 46 (4) refusing to amend teachers register teacher

item 13 51 (4) refuse to renew full registration person applying for renewal of full registration 14 51 (4) refuse to renew provisional renewal of provisional 15 52 (1) renew registration with condition person applying for renewal of registration 16 53 (4) refuse to renew permit to teach for further period prescribed in accordance with s 47 (4) renewal of permit to teach 17 54 (1) renew permit to teach with condition renewal of permit to teach 18 55 (2) extend period for less than 19 55 (2) refuse to extend period person applying for 20 56 (1) amend registration or permit to teach on institute’s own initiative 21 56 (3) extend period for less than 22 56 (3) refuse to extend period approved teacher 23 57 (4) (b) refuse to amend registration or permit to teach on application 24 64 (3) extend period for less than intended to be suspended or cancelled 25 64 (3) refuse to extend period person whose registration intended to be suspended or cancelled

Reviewable decisions Schedule 1 item 26 65 (1) suspend or cancel registration or suspended or cancelled 27 68 refuse to cancel teacher’s registration or permit to teach 28 69 (3) cancel person’s registration or cancelled 29 74 (1) (b) refuse to accredit education program 30 74 (4) accredit education program on condition 31 74 (7) extend period for less than 32 74 (7) refuse to extend period education provider 33 78 accredit program for less than 5 years 34 79 (4) (b) refuse to renew accreditation education provider 35 79 (6) renew accreditation on condition education provider 36 80 (2) (a) impose a condition in relation to accreditation after review 37 80 (4) extend period for less than 38 80 (4) refuse to extend period education provider 39 82 (3) extend period for less than 40 82 (3) refuse to extend period education provider 41 83 (1) suspend or cancel accreditation education provider

item 42 85 (2) refuse to approve provision of education program under agreement 43 85 (2) approve provision of education program under agreement for period less than 2 years

(see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • ACT • Australia • Australian citizen • change • contravene • Criminal Code • director-general (see s 163) • disallowable instrument (see s 9) • document • entity • function • home address • Legislation Act • Minister (see s 162) • notifiable instrument (see s 10) • penalty unit (see s 133) • person (see s 160) • public servant • reviewable decision notice • territory law • the Territory • writing. Aboriginal or Torres Strait Islander person means a person who— (a) is a descendant of an Aboriginal person or a Torres Strait Islander person; and

(b) identifies as an Aboriginal person or a Torres Strait Islander person; and (c) is accepted as an Aboriginal person or a Torres Strait Islander person by an Aboriginal community or Torres Strait Islander community. accreditation includes renewed accreditation. accreditation guidelines––see section 75. accredited, in relation to an education program, means accredited under division 7.2. approved code of practice––see section 59. approved data linkage agency means an entity approved by the Minister under section 94A. approved teacher––see section 9. chief executive officer means the chief executive officer of the institute. committee means a committee established by the institute board under section 19. corresponding jurisdiction means the Commonwealth, a State or New Zealand. Note State includes the Northern Territory (see Legislation Act, dict, pt 1, def State). corresponding law means any law of a corresponding jurisdiction that regulates teachers in the jurisdiction. corresponding registering authority means the entity responsible for regulating the teaching profession under a corresponding law. early childhood teacher means a person registered as an early childhood teacher under this Act.

education program means— (a) a pre-service teacher education program; or (b) a program of learning suitable for the professional learning and development of teachers. education programs register––see section 71. education provider means a person who provides, or offers to provide, an education program. full registration means full registration under part 4. government school means a school, preschool or school-related institution established under the Education Act 2004, section 20. institute means the ACT Teacher Quality Institute established under section 10. institute board––see section 14. non-government school––see the Education Act 2004, dictionary. permit-holder means a person who holds a permit to teach. permit to teach means a permit to teach under part 4. planning or research purpose—see section 11 (1) (d). pre-service teacher means a person enrolled in an accredited pre-service teacher education program. pre-service teacher education program means a program of learning that prepares pre-service teachers for employment as early childhood, primary school or secondary school teachers. pre-service teachers register—see section 70H. professional experience—see section 70E. provisional registration means provisional registration under part 4. registered means registered under this Act.

registered teacher means a person who— (a) holds full or provisional registration; or (b) is an early childhood teacher. registered teaching address—see section 43 (1) (b). registration means— (a) full or provisional registration; or (b) registration as an early childhood teacher. registration as an early childhood teacher means registration as an early childhood teacher under part 4. reviewable decision, for part 8 (Notification and review of decisions)––see section 88. school means a government school or non-government school. school-related institution––see the Education Act 2004, section 20 (Establishing government schools etc). teacher––see section 7. teachers register––see section 42. teaching––see section 8. working with vulnerable people registration means registration that allows a person to work with children under— (a) the Working with Vulnerable People (Background Checking) Act 2011; or (b) for a pre-service teacher— (i) the Working with Vulnerable People (Background Checking) Act 2011; or (ii) a law of another jurisdiction that corresponds or substantially corresponds to the Working with Vulnerable People (Background Checking) Act 2011.

About the endnotes 1 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications.

2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

ACT Teacher Quality Institute Act 2010 A2010-55 notified LR 20 December 2010 s 1, s 2 commenced 20 December 2010 (LA s 75 (1)) remainder commenced 1 January 2011 (s 2 and CN2010-18) as amended by Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.3 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.3 commenced 1 July 2011 (s 2 (1)) as modified by ACT Teacher Quality Institute Regulation 2010 SL2010-53 (as am by SL2011-24) notified LR 23 December 2010 s 1, s 2 commenced 23 December 2010 (LA s 75 (1)) remainder commenced 1 January 2011 (s 2 and see ACT Teacher Quality Institute Act 2010 A2010-55, s 2 and CN2010-18) ACT Teacher Quality Institute Amendment Regulation 2011 (No 1) SL2011-24 notified LR 5 August 2011 s 1, s 2 commenced 5 August 2011 (LA s 75 (1)) remainder commenced 6 August 2011 (s 2) Note This regulation only amends the ACT Teacher Quality Institute Regulation 2010 SL2010-53. as amended by ACT Teacher Quality Institute Amendment Act 2011 A2011-34 notified LR 5 September 2011 s 1, s 2 commenced 5 September 2011 (LA s 75 (1)) remainder commenced 4 October 2011 (s 2 and CN2011-10)

Legislation history 3 Working with Vulnerable People (Consequential Amendments) Act 2011 A2011-45 sch 1 pt 1.1 notified LR 8 November 2011 s 1, s 2 commenced 8 November 2011 (LA s 75 (1)) sch 1 pt 1.1 commenced 8 November 2012 (s 2 and see Working with Vulnerable People (Background Checking) Act 2011 A2011-44 s 2 (2)) Statute Law Amendment Act 2011 (No 3) A2011-52 sch 3 pt 3.2 notified LR 28 November 2011 s 1, s 2 commenced 28 November 2011 (LA s 75 (1)) sch 3 pt 3.2 commenced 12 December 2011 (s 2) Statute Law Amendment Act 2012 A2012-21 sch 3 pt 3.1 notified LR 22 May 2012 s 1, s 2 commenced 22 May 2012 (LA s 75 (1)) sch 3 pt 3.1 commenced 5 June 2012 (s 2 (1)) Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014-49 sch 1 pt 1.1 notified LR 10 November 2014 s 1, s 2 commenced 10 November 2014 (LA s 75 (1)) sch 1 pt 1.1 commenced 17 November 2014 (s 2) Annual Reports (Government Agencies) Amendment Act 2015 A2015-16 sch 1 pt 1.2 notified LR 27 May 2015 s 1, s 2 commenced 27 May 2015 (LA s 75 (1)) sch 1 pt 1.2 commenced 3 June 2015 (s 2) Red Tape Reduction Legislation Amendment Act 2015 A2015-33 sch 1 pt 1.2 notified LR 30 September 2015 s 1, s 2 commenced 30 September 2015 (LA s 75 (1)) sch 1 pt 1.2 commenced 14 October 2015 (s 2) Red Tape Reduction Legislation Amendment Act 2016 A2016-18 sch 3 pt 3.1 notified LR 13 April 2016 s 1, s 2 commenced 13 April 2016 (LA s 75 (1)) sch 3 pt 3.1 commenced 27 April 2016 (s 2)

Public Sector Management Amendment Act 2016 A2016-52 sch 1 pt 1.3 notified LR 25 August 2016 s 1, s 2 commenced 25 August 2016 (LA s 75 (1)) sch 1 pt 1.3 commenced 1 September 2016 (s 2) Statute Law Amendment Act 2017 A2017-4 sch 3 pt 3.2 notified LR 23 February 2017 s 1, s 2 commenced 23 February 2017 (LA s 75 (1)) sch 3 pt 3.2 commenced 9 March 2017 (s 2) Education (Child Safety in Schools) Legislation Amendment Act 2019 A2019-4 pt 2 notified LR 4 March 2019 s 1, s 2 commenced 4 March 2019 (LA s 75 (1)) pt 2 commenced 1 April 2019 (s 2 (1)) ACT Teacher Quality Institute Amendment Act 2019 A2019-26 pt 2 notified LR 28 August 2019 s 1, s 2 commenced 28 August 2019 (LA s 75 (1)) s 15 (so far as it inserts s 70F) commenced 1 January 2020 (s 2 (2)) pt 2 remainder commenced 29 August 2019 (s 2 (1)) COVID-19 Emergency Response Legislation Amendment Act 2020 A2020-14 amdt 1.142 notified LR 13 May 2020 s 1, s 2 taken to have commenced 30 March 2020 (LA s 75 (2)) amdt 1.142 commenced 14 May 2020 (s 2 (1)) Note This Act only amends the Working with Vulnerable People (Background Checking) Amendment Act 2020 A2020-29. Working with Vulnerable People (Background Checking) Amendment Act 2020 A2020-29 sch 1 pt 1.1 notified LR 9 July 2020 s 1, s 2 commenced 9 July 2020 (LA s 75 (1)) sch 1 pt 1.1 commenced 1 February 2021 (s 2 (a) and see Working with Vulnerable People (Background Checking) Amendment Act 2019 A2019-13 s 2 (as am by A2020-14 amdt 1.142) and CN2021-1)

Legislation history 3 Education Amendment Act 2022 A2022-10 sch 1 pt 1.1 notified LR 17 June 2022 s 1, s 2 commenced 17 June 2022 (LA s 75 (1)) sch 1 pt 1.1 commenced 20 December 2022 (s 2) Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.1 notified LR 10 August 2022 s 1, s 2 commenced 10 August 2022 (LA s 75 (1)) sch 3 pt 3.1 commenced 24 August 2022 (s 2) ACT Teacher Quality Institute Amendment Act 2023 A2023-38 pt 2 notified LR 29 September 2023 s 1, s 2 commenced 29 September 2023 (LA s 75 (1)) pt 2 commenced 30 September 2023 (s 2) Education (Early Childhood) Legislation Amendment Act 2023 A2023-54 pt 2 notified LR 11 December 2023 s 1, s 2 commenced 11 December 2023 (LA s 75 (1)) ss 5-7, s 13, s 14, ss 16-19, s 24, ss 28-30, s 32, s 34, s 35, s 37, s 38, s 41, s 42, ss 44-53, s 55, s 56, s 58, s 59, s 61, s 63, s 65, s 68 commenced 1 January 2024 (s 2 (1)) pt 2 remainder commenced 1 April 2024 (s 2 (3)) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.4 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.4 commenced 6 December 2025 (s 2 (5))

Commencement s 2 om LA s 89 (4) Meaning of teaching s 8 sub A2023-54 s 4 Functions of institute s 11 am A2019-26 s 4; pars renum R17 LA; A2023-54 s 5, s 6 Delegation by institute s 13 am A2011-22 amdt 1.12 Institute board members s 15 am A2011-22 amdt 1.13; A2023-54 s 7, s 8; pars renum R25 LA Institute staff s 23 am A2011-22 amdt 1.14 sub A2016-52 amdt 1.7 Ministerial directions s 25 am A2025-29 amdt 4.4 Institute’s annual report s 26 om A2015-16 amdt 1.2 Application––pt 4 s 27 am A2022-10 amdt 1.1 Definitions—pt 4 div 4.1A hdg ins A2011-45 amdt 1.1 Definitions—pt 4 s 27A ins A2011-45 amdt 1.1 def criminal history guidelines ins A2011-45 amdt 1.1 def criminal history record ins A2011-45 amdt 1.1 def police certificate ins A2011-45 amdt 1.1 Expiry—div 4.1A s 27B ins A2011-45 amdt 1.1 Applications for registration and permits to teach div 4.3 hdg note om A2022-14 amdt 3.1

Application for registration or permit to teach s 30 am A2023-54 s 9, s 10; pars renum R25 LA; A2025-29 amdt 4.4 Eligibility for full registration s 32 am A2011-34 s 4, s 5; A2011-45 amdts 1.2-1.5; ss, pars (2)-(4) exp 8 November 2013 (s 32 (4)) am A2019-26 s 5; A2020-29 amdt 1.1; A2022-14 amdt 3.2; A2023-54 ss 11-13; A2025-29 amdt 4.4 Eligibility for provisional registration s 33 am A2011-34 s 6, s 7; A2011-45 amdts 1.6-1.9; ss, pars (2)-(4) exp 8 November 2013 (s 33 (4)) am A2019-26 s 6; A2020-29 amdt 1.2; A2022-14 amdt 3.2; A2023-38 s 4; A2023-54 s 14; A2025-29 amdt 4.4 Eligibility for early childhood teacher registration s 33A ins A2023-54 s 15 Eligibility for permit to teach s 34 am A2011-34 s 8; A2019-26 s 7 Additional eligibility requirements for permits to teach s 35 am A2011-34 ss 9-12; A2011-45 amdts 1.10-1.13; ss, pars (2)-(4) exp 8 November 2013 (s 35 (4)) am A2020-29 amdt 1.3; A2022-14 amdt 3.2; A2023-54 ss 16-18; A2025-29 amdt 4.4 Criminal history guidelines s 35A ins A2011-34 s 13 am A2011-45 amdt 1.14 exp 8 November 2013 (s 35A (3)) Criminal history guidelines––assessment criteria s 35B ins A2011-34 s 13 am A2011-45 amdt 1.15 exp 8 November 2013 (s 35B (3)) Decision on registration or permit to teach application s 36 am A2023-54 ss 19-24; ss, pars renum R25 LA Conditions of registration and permit to teach s 38 am A2019-4 s 4; A2020-29 amdt 1.4, amdt 1.5; A2023-54 ss 25-27; ss renum R25 LA; A2025-29 amdt 4.4

Institute to give notice of registration or permit to teach s 40 sub A2023-54 s 28 Lost, stolen or damaged certificates and cards s 41 am A2012-21 amdt 3.1; A2016-18 amdt 3.1, amdt 3.2; A2023-54 s 29 exp 1 January 2025 (s 41 (6)) Keeping teachers register s 42 am A2014-49 amdt 1.1; A2019-26 s 8; ss renum R17 LA Details to be entered in teachers register s 43 am A2019-26 ss 9-11; A2023-54 ss 30-32 Sharing teachers register information—status of registration or permit s 43A ins A2019-26 s 12 am A2023-54 s 33 Sharing teachers register information—corresponding registering authority s 44 hdg sub A2019-26 s 13 Sharing teachers register information—approved data linkage agency s 44A ins A2019-26 s 14 Sharing teachers register information—other entities s 44B ins A2019-26 s 14 Changes to teachers register s 45 am A2023-54 s 34, s 35 Term of registration and permit to teach s 47 sub A2023-38 s 5 am A2023-54 s 36 Term of provisional registration s 48 om A2023-38 s 5 Term of permit to teach s 49 om A2023-38 s 5 Notice of renewal for registration or permit to teach s 50 am A2023-54 s 37 Renewal of registration s 51 am A2011-34 s 14; A2011-45 amdt 1.16, amdt 1.17; ss renum R7 LA (6), (7) exp 8 November 2013 (s 51 (7)) am A2020-29 amdt 1.6; A2023-38 s 6; A2023-54 s 38, s 39; A2025-29 amdt 4.4 Renewal of registration with conditions s 52 am A2023-54 s 40; A2025-29 amdt 4.4

Renewal of permits to teach s 53 am A2011-34 s 15; A2011-45 amdt 1.18, amdt 1.19; ss renum R7 LA (6), (7) exp 8 November 2013 (s 53 (7)) am A2020-29 amdt 1.7; A2023-54 s 41; A2025-29 amdt 4.4 Renewal of permits to teach with conditions s 54 am A2023-54 s 43; A2025-29 amdt 4.4 Amendment of registration or permit to teach on institute’s initiative s 56 am A2025-29 amdt 4.4 Amendment of registration or permit to teach on application s 57 am A2025-29 amdt 4.4 End of registration or permit to teach s 58 am A2022-14 amdt 3.2; A2023-54 s 42 Codes of practice s 59 am A2025-29 amdt 4.4 Notice of code approvals s 60 am A2011-22 amdt 1.15; A2015-33 amdt 1.2, amdt 1.3; A2016-52 amdt 1.8 Relationship of Act with approved codes of practice s 62 am A2023-54 s 44 Grounds for suspending or cancelling registration or permits to teach s 63 am A2019-4 s 5; A2023-54 s 45; ss renum R24 LA Notice of proposed suspension or cancellation of registration or permits to s 64 am A2023-54 s 46; ss renum R24 LA Suspending or cancelling registration or permit to teach s 65 am A2023-54 s 47, s 48 Employer’s obligation to notify institute about teacher s 67 sub A2019-4 s 6 am A2020-29 amdt 1.8 Voluntary cancellation of registration or permit to teach s 68 am A2012-21 amdt 3.2; A2016-18 amdt 3.3, amdt 3.4 sub A2023-54 s 49 (2)-(4) exp 1 January 2025 (s 68 (3)) Inquiries about registered addresses s 69 am A2023-54 s 50

Return of registration or permit certificates and cards on amendment, suspension or cancellation s 70 am A2023-54 s 51, s 52 exp 1 January 2025 (s 70 (7)) Disclosure of information div 6.3 hdg ins A2019-4 s 7 Disclosure of information to institute s 70A ins A2019-4 s 7 Employer to tell institute about notification event s 70B ins A2019-4 s 7 Institute may request further information s 70C ins A2019-4 s 7 Institute to give relevant information to prevent child harm s 70CA ins A2023-54 s 53 Protection of information disclosed under this division s 70D ins A2019-4 s 7 Professional experience pt 6A hdg ins A2019-26 s 15 Preliminary div 6A.1 hdg ins A2019-26 s 15 Meaning of professional experience s 70E ins A2019-26 s 15 Approval for professional experience div 6A.2 hdg ins A2019-26 s 15 Approval required for professional experience s 70F ins A2019-26 s 15 Professional experience approval s 70G ins A2019-26 s 15 am A2020-29 amdt 1.9 Pre-service teachers register div 6A.3 hdg ins A2019-26 s 15 Register of pre-service-teachers s 70H ins A2019-26 s 15 Details to be entered on pre-service teachers register s 70I ins A2019-26 s 15 Sharing pre-service teachers register information—principals and universities s 70J ins A2019-26 s 15

Sharing pre-service teacher information—approved data linkage agency s 70K ins A2019-26 s 15 Sharing pre-service teachers register information—other entities s 70L ins A2019-26 s 15 Changes to pre-service teachers register s 70M ins A2019-26 s 15 am A2020-29 amdt 1.10, amdt 1.11 Pre-service teacher may correct pre-service teachers register s 70N ins A2019-26 s 15 Applying for accreditation s 73 am A2025-29 amdt 4.4 Accreditation guidelines s 75 am A2025-29 amdt 4.4 Criteria for accreditation of education programs s 76 am A2019-26 s 16; A2023-54 s 54 Renewal of accreditation s 79 am A2025-29 amdt 4.4 Reviewable decision notices s 89 am A2025-29 amdt 4.4 Applications for review s 90 am A2025-29 amdt 4.4 Approved data linkage agency s 94A ins A2019-26 s 17 Determination of fees s 95 am A2025-29 amdt 4.4 Approved forms s 96 am A2025-29 amdt 4.4 Determination of standards s 97 am A2023-54 s 55; A2025-29 amdt 4.4 Regulation-making power s 98 am A2012-21 amdt 3.3; A2025-29 amdt 4.4 Legislation amended––sch 2 s 99 om LA s 89 (3) Transitional pt 15 hdg exp 1 January 2014 (s 154)

Definitions—pt 15 s 150 exp 1 January 2014 (s 154) def commencement day exp 1 January 2014 (s 154) Teachers currently teaching s 151 am A2011-34 s 16 exp 1 January 2014 (s 154) Teachers permitted to teach s 151A ins A2011-34 s 17 exp 1 January 2014 (s 154) Teachers beginning teaching s 151B ins as mod SL2010-53 s 23 (as ins by SL2011-24 s 4) exp 1 January 2014 (s 151B (4)) Education providers currently providing education programs s 152 exp 1 January 2014 (s 154) Transitional regulations s 153 exp 1 January 2014 (s 154) Expiry—pt 15 s 154 exp 1 January 2014 (s 154) Transitional—ACT Teacher Quality Institute Amendment Act 2019 pt 16 hdg ins A2019-26 s 18 Meaning of commencement day—pt 16 s 155 ins A2019-26 s 18 Renewal of registration—teachers registered before commencement day s 156 ins A2019-26 s 18 Expiry—pt 16 s 157 ins A2019-26 s 18 Validation of registrations pt 17 hdg ins A2023-38 s 9 Definitions—pt 17 s 158 ins A2023-38 s 9 def commencement day ins A2023-38 s 9 def old law ins A2023-38 s 9

Provisional and full registrations—validation of issue and renewal s 159 ins A2023-38 s 9 Expiry—pt 17 s 162 ins A2023-38 s 9 Reviewable decisions sch 1 am A2023-38 s 7, s 8; A2023-54 ss 56, 58, 59; items renum R24 LA; A2023-54 ss 57; items renum R25 LA Consequential amendments sch 2 om LA s 89 (3) dict am A2011-22 amdt 1.16, amdt 1.17; A2011-52 amdt 3.5; A2012-21 amdt 3.4; A2016-52 amdt 1.9; A2017-4 amdt 3.2 def Aboriginal or Torres Strait Islander person ins A2019-26 s 19 def accredited ins A2019-26 s 19 def accredited education program om A2019-26 s 20 def approved data linkage agency ins A2019-26 s 21 def criminal history guidelines ins A2011-34 s 18 om A2011-45 amdt 1.20 def criminal history record om A2011-45 amdt 1.20 def CrimTrac om A2011-52 amdt 3.6 def early childhood teacher ins A2023-54 s 60 def education program sub A2019-26 s 22 def government school am A2019-26 s 23 def institute sub A2017-4 amdt 3.3 def permit card om A2023-54 s 61 def permit certificate om A2023-54 s 61 def planning or research purpose ins A2019-26 s 24 def police certificate am A2011-34 s 19 om A2011-45 amdt 1.20 def pre-service teacher sub A2019-26 s 25 def pre-service teacher education program ins A2019-26 s 26 am A2023-54 s 62 def pre-service teachers register ins A2019-26 s 26 def professional experience ins A2019-26 s 26 def registered school address om A2023-54 s 63 def registered teacher sub A2023-54 s 64 def registered teaching address ins A2023-54 s 65 def registration sub A2023-54 s 66 def registration as an early childhood teacher ins A2023-54 s 67 def registration card om A2023-54 s 68

def registration certificate om A2023-54 s 68 def registration number om A2023-54 s 68 def working with vulnerable people registration ins A2019-26 s 26 sub A2020-29 amdt 1.12

Earlier republications 5 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. for 1 Jan 2011 1 Jan 2011– not amended new Act 1 July 2011– 5 Aug 2011 A2011-22 amendments by A2011-22 6 Aug 2011 6 Aug 2011– 3 Oct 2011 SL2011-24 modifications by SL2010-53 as amended by SL2011-24 4 Oct 2011 4 Oct 2011– 11 Dec 2011 A2011-34 amendments by A2011-34 12 Dec 2011 12 Dec 2011– A2011-52 amendments by A2011-52 5 June 2012– 7 Nov 2012 A2012-21 amendments by A2012-21 8 Nov 2012 8 Nov 2012– 8 Nov 2013 A2012-21 amendments by A2011-45 9 Nov 2013 9 Nov 2013– 1 Jan 2014 A2012-21 expiry of provisions (div 4.1A, s 32 (2)- (4), s 33 (2)-(4), s 35 (2)-(4), s 35A, s 35B, s 51 (6), (7), s 53 (6), (7)) 2 Jan 2014 2 Jan 2014– 16 Nov 2014 A2012-21 expiry of modification and transitional provisions (pt 15)

5 Earlier republications for 17 Nov 2014 17 Nov 2014– A2014-49 amendments by A2014-49 3 June 2015– 13 Oct 2015 A2015-16 amendments by A2015-16 14 Oct 2015 14 Oct 2015– 26 Apr 2016 A2015-33 amendments by A2015-33 27 Apr 2016 27 Apr 2016– 31 Aug 2016 A2016-18 amendments by A2016-18 1 Sept 2016 1 Sept 2016– 8 Mar 2017 A2016-52 amendments by A2016-52 9 Mar 2017 9 Mar 2017– 31 Mar 2019 A2017-4 amendments by A2017-4 1 Apr 2019 1 Apr 2019– 28 Aug 2019 A2019-4 amendments by A2019-4 29 Aug 2019 29 Aug 2019– 31 Dec 2019 A2019-26 amendments by A2019-26 1 Jan 2020 1 Jan 2020– 31 Jan 2021 A2019-26 amendments by A2019-26 1 Feb 2021 1 Feb 2021– 23 Aug 2022 A2020-29 amendments by A2020-29 24 Aug 2022 24 Aug 2022– 19 Dec 2022 A2022-14 amendments by A2022-14 20 Dec 2022 20 Dec 2022– 29 Sept 2023 A2022-14 amendments by A2022-10 30 Sept 2023 30 Sept 2023– 30 Sept 2023 A2023-38 amendments by A2023-38 1 Oct 2023 1 Oct 2023– 31 Dec 2023 A2023-38 expiry of validation provisions (pt 17) 1 Jan 2024 1 Jan 2024– 31 Mar 2024 A2023-54 amendments by A2023-54 1 Apr 2024 1 Apr 2024– 29 Aug 2024 A2023-54 amendments by A2023-54

Earlier republications 5 for 30 Aug 2024 30 Aug 2024– 1 Jan 2025 A2023-54 expiry of transitional provisions (pt 16) 2 Jan 2025 2 Jan 2025– 5 Dec 2025 A2023-54 expiry of provisions (s 41, s 68 (2)-(4), s 70)

6 Expired transitional or validating provisions 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.