sec.12FDecision on eligibility application

sec.12F Decision on eligibility application

The college must refuse to grant the eligibility application unless the college is satisfied it is an exceptional case in which it would not harm the best interests of children to issue the eligibility declaration. The college may obtain information about the applicant under sections 14 to 15D as if the application were an application for registration or permission to teach. In deciding whether there is an exceptional case, the college must have regard to the information mentioned in subsection (2) . In having regard to the criminal history of the applicant, the college must consider the following matters relating to information about the commission, or alleged or possible commission, of an offence by the applicant— when the offence was committed, is alleged to have been committed or may possibly have been committed; the nature of the offence and its relevance to the duties of a teacher; any penalty imposed by the court and the court’s reasons for the penalty. Also, in deciding whether there is an exceptional case, the college must have regard to the following— documents or information contained in the applicant’s eligibility application; if the applicant has been refused registration in another jurisdiction or has held registration in another jurisdiction that has been suspended or cancelled— the reason for the refusal, suspension or cancellation; and the way in which the refusal, suspension or cancellation relates to the applicant’s suitability to teach; if the applicant has had the applicant’s employment terminated by an employing authority for a school for a reason relating to the applicant’s suitability to teach— the reason for the termination; anything else the college considers relevant in deciding whether an exceptional case exists. The eligibility applicant was convicted, at 17 years, of unlawful penile intercourse with his 15 year girlfriend and has not been convicted of a further serious offence or disqualifying offence. s 12F ins 2011 No. 39 s 15 amd 2023 No. 1 s 97 s ch 1 pt 2 ; 2024 No. 50 s 140 sch 1 (sec.12F-ssec.1) The college must refuse to grant the eligibility application unless the college is satisfied it is an exceptional case in which it would not harm the best interests of children to issue the eligibility declaration. (sec.12F-ssec.2) The college may obtain information about the applicant under sections 14 to 15D as if the application were an application for registration or permission to teach. (sec.12F-ssec.3) In deciding whether there is an exceptional case, the college must have regard to the information mentioned in subsection (2) . (sec.12F-ssec.4) In having regard to the criminal history of the applicant, the college must consider the following matters relating to information about the commission, or alleged or possible commission, of an offence by the applicant— when the offence was committed, is alleged to have been committed or may possibly have been committed; the nature of the offence and its relevance to the duties of a teacher; any penalty imposed by the court and the court’s reasons for the penalty. (sec.12F-ssec.5) Also, in deciding whether there is an exceptional case, the college must have regard to the following— documents or information contained in the applicant’s eligibility application; if the applicant has been refused registration in another jurisdiction or has held registration in another jurisdiction that has been suspended or cancelled— the reason for the refusal, suspension or cancellation; and the way in which the refusal, suspension or cancellation relates to the applicant’s suitability to teach; if the applicant has had the applicant’s employment terminated by an employing authority for a school for a reason relating to the applicant’s suitability to teach— the reason for the termination; anything else the college considers relevant in deciding whether an exceptional case exists. The eligibility applicant was convicted, at 17 years, of unlawful penile intercourse with his 15 year girlfriend and has not been convicted of a further serious offence or disqualifying offence.