Part 21Amendment of Teachers Registration and Standards Act 2004

Part 21—Amendment of Teachers Registration and Standards Act 2004 132—Amendment of section 3—Interpretation (1) Section 3—after the definition of professional standards for teachers insert: prohibited person means a prohibited person under the Child Safety (Prohibited Persons) Act 2016; (2) Section 3—after the definition of teacher regulatory authority insert: unique identifier, of a person, means a unique identifier issued to the person under the Child Safety (Prohibited Persons) Act 2016; (3) Section 3—after the definition of unprofessional conduct insert: working with children check means a working with children check under the Child Safety (Prohibited Persons) Act 2016. 133—Amendment of section 9—Membership of Teachers Registration Board Section 9—after subsection (1) insert: (1a) A person is not eligible to be appointed to the Teachers Registration Board unless a working with children check has been conducted in relation to the member within the preceding 5 years. 134—Amendment of section 10—Terms and conditions of membership (1) Section 10(5)—after paragraph (a) insert: (ab) if a working with children check has not been conducted in relation to the member within the preceding 5 years; or (2) Section 10(6)—after paragraph (c) insert: (ca) becomes a prohibited person (including where the member becomes a prohibited person by force of section 15 of the Child Safety (Prohibited Persons) Act 2016 on the day that section comes into operation); or 135—Amendment of section 21—Eligibility for registration (1) Section 21(1)—delete "the person" (2) Section 21(1)(a)—before "has" insert: the person (3) Section 21(1)(b)—before "has" insert: the person (4) Section 21(1)(c)—delete paragraph (c) and substitute: (c) a working with children check has been conducted in relation to the person within the preceding 5 years; and (d) the person is not a prohibited person; and (e) the person is otherwise a fit and proper person to be a registered teacher. 136—Amendment of section 22—Application for registration Section 22(2)—after paragraph (a) insert: (ab) provide evidence of a kind determined by the Board that a working with children check has been conducted in relation to the applicant within the preceding 5 years; and 137—Amendment of section 24—Conditions of registration (1) Section 24—before subsection (1) insert: (a1) It is a condition of every registration that a working with children check be conducted in relation to the person at least once in each 5 year period. (2) Section 24(2)—after paragraph (b) insert: and (c) make it a condition of every registration that if— (b) more than 5 years have elapsed since a working with children check has been conducted in relation to the person, the person must give written notice of that fact to the Board containing the details specified in the condition. (3) Section 24(3)—after "condition" first occurring insert: (other than the condition imposed by subsection (a1)) 138—Insertion of section 24A After section 24 insert: 24A—Automatic cancellation of registration of prohibited persons (1) Subject to this section, the registration of a teacher is, by force of this section, cancelled if the teacher becomes a prohibited person. (2) The cancellation of a teacher's registration under this section has effect from the time a prohibition notice is issued to the teacher under section 32 of the Child Safety (Prohibited Persons) Act 2016 (3) If the issue of the prohibition notice to the teacher is set aside by the South Australian Civil and Administrative Tribunal or any other court, the cancellation of the teacher's registration under this section will be taken to be void and of no effect (and the Teachers Registration Board must take steps as may be necessary to give effect to this subsection). 139—Amendment of section 28—Register (1) Section 28(2)—after paragraph (b) insert: (ba) the person's unique identifier; and (bb) details of the most recent working with children check conducted in relation to the person (if known); and (2) Section 28—after subsection (4) insert: (4a) A registered person must, as soon as is reasonably practicable after a working with children check is conducted in relation to the person (but in any event within 7 days), inform the Registrar in writing of that fact, and provide such details relating to the working with children check as the Registrar may require. 140—Amendment of section 30—Special authority for unregistered person to teach (1) Section 30—after subsection (1) insert: (1a) It is a condition of every special authority that a working with children check be conducted in relation to the person at least once in each 5 year period. (2) Section 30(2)—delete subsection (2) and substitute: (2) Without otherwise limiting the discretion of the Board under subsection (1), the Teachers Registration Board may only grant a person a special authority if— (a) the person is not a prohibited person under the Child Safety (Prohibited Persons) Act 2016; and (b) a working with children check has been conducted in relation to the person within the preceding 5 years; and (c) the person consents to the conduct by the Board of a criminal record check relating to the person; and (d) the person has met any other requirements prescribed by regulation for the purposes of this subsection. (3) Section 30(3)—after paragraph (a) insert: (ab) be accompanied by evidence of a kind determined by the Board that a working with children check has been conducted in relation to the person within the preceding 5 years; and (4) Section 30(3)(b)—delete "fee fixed by regulation" and substitute: prescribed fee (5) Section 30—after subsection (3) insert: (4) An applicant for a special authority must pay, in addition to the prescribed fee, an amount specified by the Teachers Registration Board, being an amount payable by the Board for the conduct by the Board of a criminal record check relating to the applicant. 141—Amendment of section 31—Register (1) Section 31(2)—after paragraph (b) insert: (ba) the person's unique identifier; and (bb) details of the most recent working with children check conducted in relation to the person (if known); and (2) Section 31—after subsection (4) insert: (4a) The holder of a special authority must, within 7 days after a working with children check is conducted in relation to the person, inform the Registrar in writing of that fact, and provide such details relating to the working with children check as the Registrar may require. 142—Amendment of section 33—Cause for disciplinary action Section 33(1)—after paragraph (b) insert: (ba) a working with children check has not been conducted in relation to the teacher within the preceding 5 years; or 143—Insertion of section 33A After section 33 insert: 33A—Suspension of teacher's registration if working with children check not current etc (1) The Teachers Registration Board may, if satisfied that a working with children check has not been conducted in relation to a registered teacher within the preceding 5 years suspend (without any requirement for a hearing or other process) the registration of the teacher. (2) A suspension under this section has effect— (a) until the fulfilment of specified conditions or until further order of the Teachers Registration Board; or (b) if the teacher's registration is cancelled under section 35(2)—until that cancellation has effect, (3) To avoid doubt, a suspension of a teacher's registration under this section has effect whether or not an appeal has, or is to be, instituted against the decision to suspend the registration of the teacher. 144—Amendment of section 37—Employer to report dismissal Section 37—after subsection (1) insert: (1a) If the employer of a practising teacher— (a) dismisses the teacher on the grounds that— (i) the teacher is a prohibited person; or (ii) a working with children check has not been conducted in relation to the teacher within the preceding 5 years; or (b) accepts the resignation of the teacher for a reason referred to in paragraph (a), the employer must, within 7 days, submit a written report to the Teachers Registration Board— (c) describing the circumstances of the dismissal or resignation; and (d) containing all other prescribed information. Maximum penalty: $10 000. 145—Insertion of section 52A After section 52 insert: 52A—Notification to employer that teacher is a prohibited person etc If the Registrar becomes aware that a person who is or has been registered as a teacher is a prohibited person under Child Safety (Prohibited Persons) Act 2016 the Registrar must, as soon as practicable, give details of that fact to— (a) the person's employer if the person is a practising teacher; and (b) the chief executives of the Department, the Catholic Education Office and the Association of Independent Schools of South Australia Incorporated. 146—Amendment of section 61—Regulations Section 61—after subsection (2) insert: (2a) The regulations may make provisions of a saving or transitional nature consequent upon the enactment of the Child Safety (Prohibited Persons) Act 2016 or the Children's Protection Law Reform (Transitional Arrangements and Related Amendments) Act 2017.