Education (Queensland College of Teachers) Act 2005
sec.136QCAT may require health assessment
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sec.136 QCAT may require health assessment
This section applies if, before or during the hearing, QCAT reasonably believes— the relevant teacher may have an impairment; and the impairment may have caused or contributed to behaviour of the relevant teacher that is the basis for the practice and conduct proceedings. QCAT may, by notice given to the teacher, require the teacher to undergo a health assessment conducted by an appointed person at a reasonable time and place. QCAT may appoint a person to conduct the assessment only if QCAT is reasonably satisfied the person has the necessary qualifications, expertise or experience. The notice must state each of the following— the reasons for the health assessment; the name and qualifications of the person appointed by QCAT to conduct the assessment; the place where, and the day and time at which, the assessment is to be conducted. The relevant teacher must not fail, without reasonable excuse— to attend as required by the notice; and to continue to attend as required by the person conducting the health assessment until excused from further attendance; and to cooperate with the person in the conduct of the health assessment. Maximum penalty—50 penalty units. The cost of the assessment must be met by the college. s 136 amd 2006 No. 55 s 25 ; 2009 No. 24 s 212 ; 2016 No. 46 s 94 (sec.136-ssec.1) This section applies if, before or during the hearing, QCAT reasonably believes— the relevant teacher may have an impairment; and the impairment may have caused or contributed to behaviour of the relevant teacher that is the basis for the practice and conduct proceedings. (sec.136-ssec.2) QCAT may, by notice given to the teacher, require the teacher to undergo a health assessment conducted by an appointed person at a reasonable time and place. (sec.136-ssec.3) QCAT may appoint a person to conduct the assessment only if QCAT is reasonably satisfied the person has the necessary qualifications, expertise or experience. (sec.136-ssec.4) The notice must state each of the following— the reasons for the health assessment; the name and qualifications of the person appointed by QCAT to conduct the assessment; the place where, and the day and time at which, the assessment is to be conducted. (sec.136-ssec.5) The relevant teacher must not fail, without reasonable excuse— to attend as required by the notice; and to continue to attend as required by the person conducting the health assessment until excused from further attendance; and to cooperate with the person in the conduct of the health assessment. Maximum penalty—50 penalty units. (sec.136-ssec.6) The cost of the assessment must be met by the college.
- (a) the relevant teacher may have an impairment; and
- (b) the impairment may have caused or contributed to behaviour of the relevant teacher that is the basis for the practice and conduct proceedings.