sec.123Disciplinary action by PC&TC committee

sec.123 Disciplinary action by PC&TC committee

This section applies if, after conducting practice and conduct proceedings by hearing or on correspondence, the PC&TC committee reasonably believes a ground for disciplinary action against the relevant teacher has been established. The committee may, as it considers it appropriate in the circumstances, decide to do 1 or more of the following— not take further action against the teacher; refer the matter to QCAT if the committee believes— for an approved teacher—disciplinary action mentioned in section 160 (2) (d) to (h) or (j) should be taken against the teacher; or for a former approved teacher—disciplinary action mentioned in section 161 (2) (b) or (c) should be taken against the teacher; issue a warning or reprimand to the teacher; impose conditions on, or amend or remove conditions imposed by the committee on, the teacher’s registration or permission to teach; make an order that a particular notation or endorsement about the teacher be entered in the register; accept an undertaking from the teacher. In making its decision, the committee must have regard to the following considerations— primarily, the welfare and best interests of children; the objects of this Act; the circumstances of the case and the seriousness of the matter; if the committee ordered a health assessment of the relevant teacher—the health assessment report, including any recommendations in the report. For subsection (3) (c) , the committee may only consider the issue of impairment of the relevant teacher if the committee ordered a health assessment of the teacher in the proceedings. Also, the committee may only make an order, under subsection (2) (d) , that the committee considers appropriate because of an impairment of the relevant teacher if— a health assessment report about the teacher has been given to the committee in the proceedings; and the health assessment report includes findings that— the relevant teacher has the impairment; and the impairment caused, or contributed to, behaviour that is the basis of the proceeding. As soon as practicable after making its decision, the committee must— if it decides to do a thing mentioned in subsection (2) (c) , (d) , (e) or (f) —give the teacher an information notice about the decision; or otherwise—give the teacher notice of the decision and the reasons for it. If the committee decides to refer the practice and conduct matter to QCAT— the college must inform QCAT about the grounds for the practice and conduct matter and the facts and circumstances forming the basis for the grounds; and QCAT must conduct a hearing and make decisions about the practice and conduct matter referred to QCAT having regard to the information provided by the college. Also, if the practice and conduct matter originated from a complaint, the committee must, as soon as practicable after making its decision, give notice of the decision and the reasons for it to the complainant. The committee’s decision is binding on the college and the relevant teacher. The college must give effect to, or secure compliance with, the committee’s decision. s 123 amd 2009 No. 24 s 202 ; 2011 No. 39 s 30D; 2016 No. 46 s 86 (sec.123-ssec.1) This section applies if, after conducting practice and conduct proceedings by hearing or on correspondence, the PC&TC committee reasonably believes a ground for disciplinary action against the relevant teacher has been established. (sec.123-ssec.2) The committee may, as it considers it appropriate in the circumstances, decide to do 1 or more of the following— not take further action against the teacher; refer the matter to QCAT if the committee believes— for an approved teacher—disciplinary action mentioned in section 160 (2) (d) to (h) or (j) should be taken against the teacher; or for a former approved teacher—disciplinary action mentioned in section 161 (2) (b) or (c) should be taken against the teacher; issue a warning or reprimand to the teacher; impose conditions on, or amend or remove conditions imposed by the committee on, the teacher’s registration or permission to teach; make an order that a particular notation or endorsement about the teacher be entered in the register; accept an undertaking from the teacher. (sec.123-ssec.3) In making its decision, the committee must have regard to the following considerations— primarily, the welfare and best interests of children; the objects of this Act; the circumstances of the case and the seriousness of the matter; if the committee ordered a health assessment of the relevant teacher—the health assessment report, including any recommendations in the report. (sec.123-ssec.3A) For subsection (3) (c) , the committee may only consider the issue of impairment of the relevant teacher if the committee ordered a health assessment of the teacher in the proceedings. (sec.123-ssec.3B) Also, the committee may only make an order, under subsection (2) (d) , that the committee considers appropriate because of an impairment of the relevant teacher if— a health assessment report about the teacher has been given to the committee in the proceedings; and the health assessment report includes findings that— the relevant teacher has the impairment; and the impairment caused, or contributed to, behaviour that is the basis of the proceeding. (sec.123-ssec.4) As soon as practicable after making its decision, the committee must— if it decides to do a thing mentioned in subsection (2) (c) , (d) , (e) or (f) —give the teacher an information notice about the decision; or otherwise—give the teacher notice of the decision and the reasons for it. (sec.123-ssec.4A) If the committee decides to refer the practice and conduct matter to QCAT— the college must inform QCAT about the grounds for the practice and conduct matter and the facts and circumstances forming the basis for the grounds; and QCAT must conduct a hearing and make decisions about the practice and conduct matter referred to QCAT having regard to the information provided by the college. (sec.123-ssec.5) Also, if the practice and conduct matter originated from a complaint, the committee must, as soon as practicable after making its decision, give notice of the decision and the reasons for it to the complainant. (sec.123-ssec.6) The committee’s decision is binding on the college and the relevant teacher. (sec.123-ssec.7) The college must give effect to, or secure compliance with, the committee’s decision.