Education (Queensland College of Teachers) Regulation 2016
In ForceQLD
Jurisdiction
Queensland
Act Number
199 of 2016
Collection
regulation
Plain English Summary
4/10 complexity
This regulation sets detailed rules that support the Education (Queensland College of Teachers) Act: it prescribes who qualifies for full or provisional teacher registration (education, experience, English ability), renewal timing, approved curricula, board election procedures, fees and who must be notified of changes. It affects teacher applicants, registered teachers, the College, employing authorities and the Minister.
Mechanically, it shifts administrative work and compliance costs to applicants and the College, gives the College and director discretionary assessment and publication duties, and creates timelines and procedural requirements for nominations, voting and fee waivers.
This regulation prescribes detailed operational rules for teacher registration, certification, and the election of practising-teacher board members under the Education (Queensland College of Teachers) Act (the Act). It sets the academic and experience thresholds for full and provisional registration (ss 5-9), requires professional English competence for registration and permission to teach (ss 7, 9, 10), and prescribes particular timeframes and documentary steps for renewal of full registration (s 11). It prescribes what counts as an educational program for the Act’s definition of teacher (s 12) and lists employing authorities and entities relevant to teacher certification (ss 12A-12C), with insertion and amendment footnotes recorded in the text.
The regulation devotes substantial detail to the mechanics of electing practising teachers to the board (Pt 3). It allocates responsibilities between the board and the director: the board must fix the election day at least 45 days before the end of the elected members’ term (s 15); the director conducts the election (s 14), prepares the roll of electors based on registered teachers on the day the notice is published (s 16), publishes the notice of election (s 17) and handles nominations, ballots, voting, vote-counting, declaration of results and notifications to the Minister (ss 17-30). It prescribes nomination formality and thresholds (six registered-teacher nominators, written and signed acceptance by candidate, s 18-19), ballot design and content (ss 23-24), candidate statement length limits (s 26), electoral eligibility determined by self-identification of affiliation (s 27), and director duties to ensure voting-system integrity (s 28). The regulation provides contingency rules , no-vote-elected unopposed provisions where candidate numbers are low (ss 20-21), tie-breaking by lot (s 30(4)), and an elasticity clause that prevents invalidation for formal defects or inadvertent errors (s 31).
Current sections
Direct links to the current provisions in Education (Queensland College of Teachers) Regulation 2016.
58
pt.1
Preliminary
Preliminary
sec.1
Short title
sec.1 Short title
This regulation may be cited as the Education (Queensland College of Teachers) Regulation 2016 .
sec.2
Commencement
sec.2 Commencement
This regulation commences on 1 January 2017.
sec.3
Dictionary
sec.3 Dictionary
The dictionary in schedule 2 defines particular words used in this regulation.
sec.4
References to a stated number of years of academic study
sec.4 References to a stated number of years of academic study
A reference in section 5 or 8 to a stated number of years of academic study—
is a reference to the stated number of years of full-time academic study; and
includes a reference to an amount of academic study the college is satisfied is the equivalent of the stated number of years of full-time academic study.
(sec.4-ssec) A reference in section 5 or 8 to a stated number of years of academic study— is a reference to the stated number of years of full-time academic study; and includes a reference to an amount of academic study the college is satisfied is the equivalent of the stated number of years of full-time academic study.
(a) is a reference to the stated number of years of full-time academic study; and
(b) includes a reference to an amount of academic study the college is satisfied is the equivalent of the stated number of years of full-time academic study.
pt.2
Registration or permission to teach
Registration or permission to teach
pt.2-div.1
Eligibility for full registration
Eligibility for full registration
sec.5
Qualifications
sec.5 Qualifications
For section 8 (1) (a) (i) of the Act , the prescribed qualification for full registration is successful completion of—
a course of preservice teacher education consisting of at least 4 years academic study, including professional studies that are at least 1 year of academic study; or
a graduate course of preservice teacher education consisting of professional studies that are at least 1 year of academic study; or
another course of teacher education, provided by a higher education institution, that the college is satisfied is the equivalent of a course mentioned in paragraph (a) or (b) .
(a) a course of preservice teacher education consisting of at least 4 years academic study, including professional studies that are at least 1 year of academic study; or
(b) a graduate course of preservice teacher education consisting of professional studies that are at least 1 year of academic study; or
(c) another course of teacher education, provided by a higher education institution, that the college is satisfied is the equivalent of a course mentioned in paragraph (a) or (b) .
sec.6
Experience
sec.6 Experience
For section 8 (1) (a) (i) of the Act , the prescribed experience for full registration is—
successful completion of 1 year of duties as a teacher at a school; or
other experience the college is satisfied is the equivalent of successful completion of 1 year of duties as a teacher at a school.
For subsection (1) , the college may be satisfied a person has the prescribed experience if the college receives notice of the experience from—
the principal of the school at which the teaching was carried out; or
another person the college considers can adequately inform the college about the teaching or other experience.
(sec.6-ssec.1) For section 8 (1) (a) (i) of the Act , the prescribed experience for full registration is— successful completion of 1 year of duties as a teacher at a school; or other experience the college is satisfied is the equivalent of successful completion of 1 year of duties as a teacher at a school.
(sec.6-ssec.2) For subsection (1) , the college may be satisfied a person has the prescribed experience if the college receives notice of the experience from— the principal of the school at which the teaching was carried out; or another person the college considers can adequately inform the college about the teaching or other experience.
(a) successful completion of 1 year of duties as a teacher at a school; or
(b) other experience the college is satisfied is the equivalent of successful completion of 1 year of duties as a teacher at a school.
(a) the principal of the school at which the teaching was carried out; or
(b) another person the college considers can adequately inform the college about the teaching or other experience.
sec.7
Additional requirement for professional practice for full registration
sec.7 Additional requirement for professional practice for full registration
For section 8 (1) (d) of the Act , the prescribed requirement for professional practice for full registration is the ability to communicate in spoken and written English at a professional level with students, parents, teachers and other persons.
pt.2-div.2
Eligibility for provisional registration
Eligibility for provisional registration
sec.8
Qualifications
sec.8 Qualifications
For section 9 (1) (a) (i) of the Act , the prescribed qualification for provisional registration is successful completion of—
a course of preservice teacher education consisting of at least 4 years academic study, including professional studies that are at least 1 year of academic study ; or
a graduate course of preservice teacher education consisting of professional studies that are at least 1 year of academic study; or
another course of teacher education, provided by a higher education institution, that the college is satisfied is the equivalent of a course mentioned in paragraph (a) or (b) .
(a) a course of preservice teacher education consisting of at least 4 years academic study, including professional studies that are at least 1 year of academic study ; or
(b) a graduate course of preservice teacher education consisting of professional studies that are at least 1 year of academic study; or
(c) another course of teacher education, provided by a higher education institution, that the college is satisfied is the equivalent of a course mentioned in paragraph (a) or (b) .
sec.9
Additional requirement for professional practice for provisional registration
sec.9 Additional requirement for professional practice for provisional registration
For section 9 (1) (d) of the Act , the prescribed requirement for professional practice for provisional registration is the ability to communicate in spoken and written English at a professional level with students, parents, teachers and other persons.
pt.2-div.3
Eligibility for permission to teach
Eligibility for permission to teach
sec.10
Additional requirement for professional practice for permission to teach
sec.10 Additional requirement for professional practice for permission to teach
For section 10 (1) (d) of the Act , the prescribed requirement for professional practice for permission to teach is the ability to communicate in spoken and written English at a professional level with students, parents, teachers and other persons.
pt.2-div.4
Renewal of full registration
Renewal of full registration
sec.11
Particular requirements for renewal of full registration
sec.11 Particular requirements for renewal of full registration
For section 29 (2) (c) (i) (A) and (ii) (A) of the Act , the prescribed duration is 6 months.
For section 29 (2) (c) (i) (B) and (ii) (B) of the Act , the prescribed period is 5 years immediately before the day a teacher’s full registration ends.
(sec.11-ssec.1) For section 29 (2) (c) (i) (A) and (ii) (A) of the Act , the prescribed duration is 6 months.
(sec.11-ssec.2) For section 29 (2) (c) (i) (B) and (ii) (B) of the Act , the prescribed period is 5 years immediately before the day a teacher’s full registration ends.
pt.2-div.5
Educational programs
Educational programs
sec.12
Prescribed educational programs
sec.12 Prescribed educational programs
For the Act , schedule 3 , definition teacher , paragraph (a) (ii) , each of the following educational programs is prescribed—
an educational program based on the Australian curriculum;
an educational program based on a syllabus developed, purchased or revised by the Queensland Curriculum and Assessment Authority under the curriculum and assessment Act;
an educational program based on a kindergarten guideline developed, purchased and revised, or accredited by the Queensland Curriculum and Assessment Authority under the curriculum and assessment Act.
In this section—
Australian curriculum see the curriculum and assessment Act , schedule 1 .
curriculum and assessment Act means the Education (Queensland Curriculum and Assessment Authority) Act 2014 .
kindergarten guideline see the curriculum and assessment Act , schedule 1 .
(sec.12-ssec.1) For the Act , schedule 3 , definition teacher , paragraph (a) (ii) , each of the following educational programs is prescribed— an educational program based on the Australian curriculum; an educational program based on a syllabus developed, purchased or revised by the Queensland Curriculum and Assessment Authority under the curriculum and assessment Act; an educational program based on a kindergarten guideline developed, purchased and revised, or accredited by the Queensland Curriculum and Assessment Authority under the curriculum and assessment Act.
(sec.12-ssec.2) In this section— Australian curriculum see the curriculum and assessment Act , schedule 1 . curriculum and assessment Act means the Education (Queensland Curriculum and Assessment Authority) Act 2014 . kindergarten guideline see the curriculum and assessment Act , schedule 1 .
(a) an educational program based on the Australian curriculum;
(b) an educational program based on a syllabus developed, purchased or revised by the Queensland Curriculum and Assessment Authority under the curriculum and assessment Act;
(c) an educational program based on a kindergarten guideline developed, purchased and revised, or accredited by the Queensland Curriculum and Assessment Authority under the curriculum and assessment Act.
sec.12A Prescribed employing authorities— Act , s 67A
For section 67A (2) (c) of the Act , the following employing authorities are prescribed—
an employing authority for a State school;
an employing authority for a non-State school represented by CEQL.
s 12A ins 2019 Act No. 14 s 13
amd 2025 Act No. 24 s 39ZJ
(a) an employing authority for a State school;
(b) an employing authority for a non-State school represented by CEQL.
sec.12B Prescribed employing authorities— Act , s 67J
For section 67J (3) (b) of the Act , the following employing authorities are prescribed—
an employing authority for a State school;
an employing authority for a non-State school represented by CEQL.
s 12B ins 2019 Act No. 14 s 13
amd 2025 Act No. 24 s 39ZK
(a) an employing authority for a State school;
(b) an employing authority for a non-State school represented by CEQL.
sec.12C
Prescribed entities— Act , s 230B
sec.12C Prescribed entities— Act , s 230B
For section 230B (3) of the Act , the following entities are prescribed—
an employing authority for a State school;
an employing authority for a non-State school represented by CEQL;
CEQL.
s 12C ins 2019 Act No. 14 s 13
amd 2025 Act No. 24 s 39ZL
(a) an employing authority for a State school;
(b) an employing authority for a non-State school represented by CEQL;
(c) CEQL.
pt.3
Requirements for carrying out election of practising teachers for appointment to board
Requirements for carrying out election of practising teachers for appointment to board
pt.3-div.1
Purpose of part
Purpose of part
sec.13
Purpose of part
sec.13 Purpose of part
This part states, for section 240 (2) of the Act , the requirements for carrying out an election (a board member election ) of practising teachers for appointment as members of the board under section 239 (1) (j) of the Act .
pt.3-div.2
Director to conduct election
Director to conduct election
sec.14
Director to conduct election
sec.14 Director to conduct election
The director must conduct the board member election, but the day for the election must be fixed by the board under section 15 .
(sec.14-ssec) The director must conduct the board member election, but the day for the election must be fixed by the board under section 15 .
pt.3-div.3
Matters before the election
Matters before the election
sec.15
Election day to be fixed
sec.15 Election day to be fixed
The board must fix, as the election day for the board member election, a day at least 45 days before the end of the term of appointment of the elected members of the board.
In this section—
elected members of the board means the board members elected for section 239 (1) (j) of the Act .
(sec.15-ssec.1) The board must fix, as the election day for the board member election, a day at least 45 days before the end of the term of appointment of the elected members of the board.
(sec.15-ssec.2) In this section— elected members of the board means the board members elected for section 239 (1) (j) of the Act .
sec.16
Roll of electors
sec.16 Roll of electors
The director must prepare a roll (the roll of electors ) of persons (each an elector ) who are registered teachers on the day the notice of election is published.
sec.17
Notice of election and of right to nominate candidates
sec.17 Notice of election and of right to nominate candidates
The director must publish a notice (the notice of election ) that contains information about the board member election, including—
the election day; and
the final day (the final nomination day ) for the receipt of nominations of candidates for the election.
The final nomination day must be—
at least 10 days after the day the notice of election is published; and
at least 21 days before the election day.
The director must publish the notice of election in a way the director reasonably considers will, or is likely to, bring the notice to the attention of all electors.
publication in an appropriate newsletter, by email to electors or on the college’s website
(sec.17-ssec.1) The director must publish a notice (the notice of election ) that contains information about the board member election, including— the election day; and the final day (the final nomination day ) for the receipt of nominations of candidates for the election.
(sec.17-ssec.2) The final nomination day must be— at least 10 days after the day the notice of election is published; and at least 21 days before the election day.
(sec.17-ssec.3) The director must publish the notice of election in a way the director reasonably considers will, or is likely to, bring the notice to the attention of all electors. publication in an appropriate newsletter, by email to electors or on the college’s website
(a) the election day; and
(b) the final day (the final nomination day ) for the receipt of nominations of candidates for the election.
(a) at least 10 days after the day the notice of election is published; and
(b) at least 21 days before the election day.
sec.18
Nomination of candidates
sec.18 Nomination of candidates
A practising teacher may be nominated as a candidate for the board member election if—
the practising teacher’s name is on the roll of electors; and
the teacher is nominated as a candidate by 6 registered teachers (other than the practising teacher) whose names are also on the roll of electors.
However, the practising teacher can not be nominated as both a State schools candidate and as a non-State schools candidate for the election.
(sec.18-ssec.1) A practising teacher may be nominated as a candidate for the board member election if— the practising teacher’s name is on the roll of electors; and the teacher is nominated as a candidate by 6 registered teachers (other than the practising teacher) whose names are also on the roll of electors.
(sec.18-ssec.2) However, the practising teacher can not be nominated as both a State schools candidate and as a non-State schools candidate for the election.
(a) the practising teacher’s name is on the roll of electors; and
(b) the teacher is nominated as a candidate by 6 registered teachers (other than the practising teacher) whose names are also on the roll of electors.
sec.19
Form of nominations and time within which nominations may be given
sec.19 Form of nominations and time within which nominations may be given
A nomination of a candidate for the board member election must be written and signed by—
the candidate as accepting the nomination; and
the 6 registered teachers making the nomination.
The nomination must be given to the director before 4.00p.m. on the final nomination day for the election.
A candidate for the election may withdraw the candidate’s acceptance of the candidate’s nomination before 4.00p.m. on the final nomination day by giving the director a written notice withdrawing the acceptance.
If the director becomes aware of the death of a candidate for the election before any ballots are made available by the director to voters for the election, the director may cancel the nomination of the candidate.
(sec.19-ssec.1) A nomination of a candidate for the board member election must be written and signed by— the candidate as accepting the nomination; and the 6 registered teachers making the nomination.
(sec.19-ssec.2) The nomination must be given to the director before 4.00p.m. on the final nomination day for the election.
(sec.19-ssec.3) A candidate for the election may withdraw the candidate’s acceptance of the candidate’s nomination before 4.00p.m. on the final nomination day by giving the director a written notice withdrawing the acceptance.
(sec.19-ssec.4) If the director becomes aware of the death of a candidate for the election before any ballots are made available by the director to voters for the election, the director may cancel the nomination of the candidate.
(a) the candidate as accepting the nomination; and
(b) the 6 registered teachers making the nomination.
pt.3-div.4
When no vote is needed
When no vote is needed
sec.20
If only 1 or 2 State schools candidates
sec.20 If only 1 or 2 State schools candidates
This section applies if there are no more than 2 State schools candidates for the board member election.
The director need not conduct a vote for the election of the State schools members.
The candidates are taken to have been elected unopposed.
The director must—
declare the candidates elected; and
give the Minister a notice, signed by the director, stating—
the name of each candidate; and
the candidate is elected as a State schools member; and
the day the result of the election is declared.
(sec.20-ssec.1) This section applies if there are no more than 2 State schools candidates for the board member election.
(sec.20-ssec.2) The director need not conduct a vote for the election of the State schools members.
(sec.20-ssec.3) The candidates are taken to have been elected unopposed.
(sec.20-ssec.4) The director must— declare the candidates elected; and give the Minister a notice, signed by the director, stating— the name of each candidate; and the candidate is elected as a State schools member; and the day the result of the election is declared.
(a) declare the candidates elected; and
(b) give the Minister a notice, signed by the director, stating— (i) the name of each candidate; and (ii) the candidate is elected as a State schools member; and (iii) the day the result of the election is declared.
(i) the name of each candidate; and
(ii) the candidate is elected as a State schools member; and
(iii) the day the result of the election is declared.
(i) the name of each candidate; and
(ii) the candidate is elected as a State schools member; and
(iii) the day the result of the election is declared.
sec.21
If only 1 non-State schools candidate
sec.21 If only 1 non-State schools candidate
This section applies if there is only 1 non-State schools candidate for the board member election.
The director need not conduct a vote for the election of the non-State schools member.
The candidate is taken to have been elected unopposed.
The director must—
declare the candidate elected; and
give the Minister a notice, signed by the director, stating—
the name of the candidate; and
the candidate is elected as the non-State schools member; and
the day the result of the election is declared.
(sec.21-ssec.1) This section applies if there is only 1 non-State schools candidate for the board member election.
(sec.21-ssec.2) The director need not conduct a vote for the election of the non-State schools member.
(sec.21-ssec.3) The candidate is taken to have been elected unopposed.
(sec.21-ssec.4) The director must— declare the candidate elected; and give the Minister a notice, signed by the director, stating— the name of the candidate; and the candidate is elected as the non-State schools member; and the day the result of the election is declared.
(a) declare the candidate elected; and
(b) give the Minister a notice, signed by the director, stating— (i) the name of the candidate; and (ii) the candidate is elected as the non-State schools member; and (iii) the day the result of the election is declared.
(i) the name of the candidate; and
(ii) the candidate is elected as the non-State schools member; and
(iii) the day the result of the election is declared.
(i) the name of the candidate; and
(ii) the candidate is elected as the non-State schools member; and
(iii) the day the result of the election is declared.
pt.3-div.5
If a vote is needed
If a vote is needed
sec.22
Application of division
sec.22 Application of division
This division applies to the board member election, other than to the extent a vote is not needed because of the operation of section 20 or 21 .
sec.23
Order of candidate’s names on ballot
sec.23 Order of candidate’s names on ballot
As soon as practicable after the final nomination day for the board member election, the director must decide, by lot, the order of the candidate’s names on the ballot for the board member election.
Subsections (3) and (4) apply if a vote is needed for both State schools candidates and non-State schools candidates (each a ballot group ).
The names of the candidates for each ballot group must be stated on the ballot separately from the names of the candidates for the other ballot group.
The names of candidates in a ballot group must be stated on the ballot in the order decided under subsection (1) .
(sec.23-ssec.1) As soon as practicable after the final nomination day for the board member election, the director must decide, by lot, the order of the candidate’s names on the ballot for the board member election.
(sec.23-ssec.2) Subsections (3) and (4) apply if a vote is needed for both State schools candidates and non-State schools candidates (each a ballot group ).
(sec.23-ssec.3) The names of the candidates for each ballot group must be stated on the ballot separately from the names of the candidates for the other ballot group.
(sec.23-ssec.4) The names of candidates in a ballot group must be stated on the ballot in the order decided under subsection (1) .
sec.24
Content of ballot
sec.24 Content of ballot
The ballot for the board member election must state the following—
the election day and election time;
the name of each candidate, listed in the order decided under section 23 ;
who an elector may vote for under section 27 ;
for each candidate, whether the candidate is—
a State schools candidate; or
a non-State schools candidate;
instructions about how an elector may cast a vote.
(a) the election day and election time;
(b) the name of each candidate, listed in the order decided under section 23 ;
(c) who an elector may vote for under section 27 ;
(d) for each candidate, whether the candidate is— (i) a State schools candidate; or (ii) a non-State schools candidate;
(i) a State schools candidate; or
(ii) a non-State schools candidate;
(e) instructions about how an elector may cast a vote.
(i) a State schools candidate; or
(ii) a non-State schools candidate;
sec.25
Notice of election day and election time and how to cast a vote
sec.25 Notice of election day and election time and how to cast a vote
The director must, at least 21 days before the election day for the board member election, give each elector a written notice stating—
the election day and election time; and
instructions about how an elector may cast a vote.
(a) the election day and election time; and
(b) instructions about how an elector may cast a vote.
sec.26
Statement by candidate
sec.26 Statement by candidate
A candidate for the board member election may prepare a statement, in writing or as an audio or video recording, that—
must include the candidate’s academic qualifications, current professional position and professional address; and
may include other information the candidate considers relevant to the candidate’s candidacy.
The information mentioned in subsection (1) (b) must—
if the statement is written, be not more than 100 words; or
if the statement is as an audio or video recording, be not more than 1 minute long.
If a candidate prepares a statement under this section and gives it to the director before 4.00p.m. on the final nomination day, the director must take action the director reasonably considers will, or is likely to, make the statement accessible to each elector for the election, unless the director has a reasonable excuse.
The director can not take the action due to a circumstance beyond the director’s control.
The statement includes material the director reasonably believes may be unlawful or defamatory.
(sec.26-ssec.1) A candidate for the board member election may prepare a statement, in writing or as an audio or video recording, that— must include the candidate’s academic qualifications, current professional position and professional address; and may include other information the candidate considers relevant to the candidate’s candidacy.
(sec.26-ssec.2) The information mentioned in subsection (1) (b) must— if the statement is written, be not more than 100 words; or if the statement is as an audio or video recording, be not more than 1 minute long.
(sec.26-ssec.3) If a candidate prepares a statement under this section and gives it to the director before 4.00p.m. on the final nomination day, the director must take action the director reasonably considers will, or is likely to, make the statement accessible to each elector for the election, unless the director has a reasonable excuse. The director can not take the action due to a circumstance beyond the director’s control. The statement includes material the director reasonably believes may be unlawful or defamatory.
(a) must include the candidate’s academic qualifications, current professional position and professional address; and
(b) may include other information the candidate considers relevant to the candidate’s candidacy.
(a) if the statement is written, be not more than 100 words; or
(b) if the statement is as an audio or video recording, be not more than 1 minute long.
1 The director can not take the action due to a circumstance beyond the director’s control.
2 The statement includes material the director reasonably believes may be unlawful or defamatory.
sec.27
Voting
sec.27 Voting
An elector for the board member election may vote for—
if the elector is a registered teacher who identifies himself or herself as affiliated with State schooling—a State schools candidate; or
if the elector is a registered teacher who identifies himself or herself as affiliated with non-State schooling—a non-State schools candidate.
Voting in the election must be done in accordance with the instructions about how an elector may cast a vote stated in the ballot.
(sec.27-ssec.1) An elector for the board member election may vote for— if the elector is a registered teacher who identifies himself or herself as affiliated with State schooling—a State schools candidate; or if the elector is a registered teacher who identifies himself or herself as affiliated with non-State schooling—a non-State schools candidate.
(sec.27-ssec.2) Voting in the election must be done in accordance with the instructions about how an elector may cast a vote stated in the ballot.
(a) if the elector is a registered teacher who identifies himself or herself as affiliated with State schooling—a State schools candidate; or
(b) if the elector is a registered teacher who identifies himself or herself as affiliated with non-State schooling—a non-State schools candidate.
sec.28
Director’s duty about integrity and security of voting system
sec.28 Director’s duty about integrity and security of voting system
The director must take reasonable steps to ensure the integrity and security of the voting system used for the board member election.
(sec.28-ssec) The director must take reasonable steps to ensure the integrity and security of the voting system used for the board member election.
sec.29
Counting of votes
sec.29 Counting of votes
The director must arrange for the votes cast in the board member election to be counted.
As soon as practicable after the election time on the election day, the director must—
accept each formal vote and reject each informal vote; and
for each candidate, count and record the number of formal votes cast.
Despite subsection (2) (a) , the director may accept an informal vote if the director considers the intention of the voter is clear.
Also, if the director is not satisfied a voter is an elector for the election, the vote by the voter must not be counted.
In this section—
formal vote means a vote that is cast in accordance with the instructions mentioned in section 27 (2) .
informal vote means a vote that is not cast in accordance with the instructions mentioned in section 27 (2) .
(sec.29-ssec.1) The director must arrange for the votes cast in the board member election to be counted.
(sec.29-ssec.2) As soon as practicable after the election time on the election day, the director must— accept each formal vote and reject each informal vote; and for each candidate, count and record the number of formal votes cast.
(sec.29-ssec.3) Despite subsection (2) (a) , the director may accept an informal vote if the director considers the intention of the voter is clear.
(sec.29-ssec.4) Also, if the director is not satisfied a voter is an elector for the election, the vote by the voter must not be counted.
(sec.29-ssec.5) In this section— formal vote means a vote that is cast in accordance with the instructions mentioned in section 27 (2) . informal vote means a vote that is not cast in accordance with the instructions mentioned in section 27 (2) .
(a) accept each formal vote and reject each informal vote; and
(b) for each candidate, count and record the number of formal votes cast.
sec.30
Declaration of result of election
sec.30 Declaration of result of election
As soon as practicable after the votes for the board member election have been counted, the director must prepare and sign a notice stating—
each candidate’s name; and
for each candidate, the number, in words and figures, of the votes for the candidate; and
the following are declared elected—
if a vote is needed for State schools candidates—the State schools candidates decided as provided by subsections (2) and (4) ;
if a vote is needed for non-State schools candidates—the non-State schools candidate decided as provided by subsections (3) and (4) ; and
for each candidate declared elected, whether the candidate is elected as a State schools member or as a non-State schools member; and
the day the result of the board member election is declared.
For subsection (1) (c) (i) , the 2 State schools candidates with the highest, or highest and next highest number of votes are elected.
For subsection (1) (c) (ii) , the non-State schools candidate with the highest number of votes is elected.
If 2 or more candidates (the tied candidates ) receive the same number of votes, so that it is not possible to identify which of the tied candidates is elected under subsection (2) or (3) , the director must decide, by lot, which of the tied candidates is elected.
The director’s signing of the notice must be witnessed by 2 other persons, and both witnesses must also sign the notice.
The director must give the notice to the Minister as soon as practicable after subsection (5) is complied with for the notice.
In this section—
vote means a vote counted under section 29 .
(sec.30-ssec.1) As soon as practicable after the votes for the board member election have been counted, the director must prepare and sign a notice stating— each candidate’s name; and for each candidate, the number, in words and figures, of the votes for the candidate; and the following are declared elected— if a vote is needed for State schools candidates—the State schools candidates decided as provided by subsections (2) and (4) ; if a vote is needed for non-State schools candidates—the non-State schools candidate decided as provided by subsections (3) and (4) ; and for each candidate declared elected, whether the candidate is elected as a State schools member or as a non-State schools member; and the day the result of the board member election is declared.
(sec.30-ssec.2) For subsection (1) (c) (i) , the 2 State schools candidates with the highest, or highest and next highest number of votes are elected.
(sec.30-ssec.3) For subsection (1) (c) (ii) , the non-State schools candidate with the highest number of votes is elected.
(sec.30-ssec.4) If 2 or more candidates (the tied candidates ) receive the same number of votes, so that it is not possible to identify which of the tied candidates is elected under subsection (2) or (3) , the director must decide, by lot, which of the tied candidates is elected.
(sec.30-ssec.5) The director’s signing of the notice must be witnessed by 2 other persons, and both witnesses must also sign the notice.
(sec.30-ssec.6) The director must give the notice to the Minister as soon as practicable after subsection (5) is complied with for the notice.
(sec.30-ssec.7) In this section— vote means a vote counted under section 29 .
(a) each candidate’s name; and
(b) for each candidate, the number, in words and figures, of the votes for the candidate; and
(c) the following are declared elected— (i) if a vote is needed for State schools candidates—the State schools candidates decided as provided by subsections (2) and (4) ; (ii) if a vote is needed for non-State schools candidates—the non-State schools candidate decided as provided by subsections (3) and (4) ; and
(i) if a vote is needed for State schools candidates—the State schools candidates decided as provided by subsections (2) and (4) ;
(ii) if a vote is needed for non-State schools candidates—the non-State schools candidate decided as provided by subsections (3) and (4) ; and
(d) for each candidate declared elected, whether the candidate is elected as a State schools member or as a non-State schools member; and
(e) the day the result of the board member election is declared.
(i) if a vote is needed for State schools candidates—the State schools candidates decided as provided by subsections (2) and (4) ;
(ii) if a vote is needed for non-State schools candidates—the non-State schools candidate decided as provided by subsections (3) and (4) ; and
pt.3-div.6
Other matters
Other matters
sec.31
Election not to be invalid
sec.31 Election not to be invalid
The board member election is not invalid because of—
a formal error or defect in a declaration or other instrument or in a publication made, or intended to be made, under this regulation; or
a publication being out of time; or
a delay in holding the election at the time appointed or in taking an action in relation the election; or
an inadvertent failure to give an elector a notice or ballot; or
a defect of a merely formal nature.
(a) a formal error or defect in a declaration or other instrument or in a publication made, or intended to be made, under this regulation; or
(b) a publication being out of time; or
(c) a delay in holding the election at the time appointed or in taking an action in relation the election; or
(d) an inadvertent failure to give an elector a notice or ballot; or
(e) a defect of a merely formal nature.
pt.4
Miscellaneous
Miscellaneous
sec.32
Changes in approved teacher’s circumstances to be notified to college
sec.32 Changes in approved teacher’s circumstances to be notified to college
For section 71 (2) of the Act , definition prescribed change in circumstances , a change in any of the following for an approved teacher is prescribed—
the teacher’s name;
the teacher’s address;
if the teacher is employed at a school on a permanent full-time or permanent part-time basis—the school at which the teacher is employed;
if the teacher relied on possession of a qualification to obtain registration or permission to teach—removal or variation of the qualification.
(sec.32-ssec) For section 71 (2) of the Act , definition prescribed change in circumstances , a change in any of the following for an approved teacher is prescribed— the teacher’s name; the teacher’s address; if the teacher is employed at a school on a permanent full-time or permanent part-time basis—the school at which the teacher is employed; if the teacher relied on possession of a qualification to obtain registration or permission to teach—removal or variation of the qualification.
(a) the teacher’s name;
(b) the teacher’s address;
(c) if the teacher is employed at a school on a permanent full-time or permanent part-time basis—the school at which the teacher is employed;
(d) if the teacher relied on possession of a qualification to obtain registration or permission to teach—removal or variation of the qualification.
sec.33
National professional standards
sec.33 National professional standards
For section 235 (8) of the Act , definition national professional standards , the national professional standards prescribed are the professional standards for teachers approved by the Ministerial Council.
In this section—
Ministerial Council means the Council of Commonwealth, State and Territories Ministers with responsibility for school education, as it exists from time to time.
(sec.33-ssec.1) For section 235 (8) of the Act , definition national professional standards , the national professional standards prescribed are the professional standards for teachers approved by the Ministerial Council.
(sec.33-ssec.2) In this section— Ministerial Council means the Council of Commonwealth, State and Territories Ministers with responsibility for school education, as it exists from time to time.
sec.34
Fees
sec.34 Fees
The fees payable under the Act are stated in schedule 1 .
sec.35
Waiver of fee—financial hardship
sec.35 Waiver of fee—financial hardship
The board may waive, wholly or partly, payment of a fee payable under the Act by a person if the board is satisfied payment of the fee would cause the person financial hardship.
pt.5
Repeal
Repeal
sec.36
Repeal
sec.36 Repeal
The Education (Queensland College of Teachers) Regulation 2005 SL No. 279 is repealed.
sch.1-pt.1
Indexed fees
Indexed fees
sch.1-pt.2
Non-indexed fees
Non-indexed fees
Source text: opening excerpt
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
pt.1 Preliminary
Preliminary
sec.1 Short title
sec.1 Short title
This regulation may be cited as the Education (Queensland College of Teachers) Regulation 2016 .
sec.2 Commencement
sec.2 Commencement
This regulation commences on 1 January 2017.
sec.3 Dictionary
sec.3 Dictionary
The dictionary in schedule 2 defines particular words used in this regulation.
sec.4 References to a stated number of years of academic study
sec.4 References to a stated number of years of academic study
A reference in section 5 or 8 to a stated number of years of academic study—
is a reference to the stated number of years of full-time academic study; and
includes a reference to an amount of academic study the college is satisfied is the equivalent of the stated number of years of full-time academic study.
(sec.4-ssec) A reference in section 5 or 8 to a stated number of years of academic study— is a reference to the stated number of years of full-time academic study; and includes a reference to an amount of academic study the college is satisfied is the equivalent of the stated number of years of full-time academic study.
(a) is a reference to the stated number of years of full-time academic study; and
(b) includes a reference to an amount of academic study the college is satisfied is the equivalent of the stated number of years of full-time academic study.
pt.2 Registration or permission to teach
Registration or permission to teach
pt.2-div.1 Eligibility for full registration
Eligibility for full registration
sec.5 Qualifications
sec.5 Qualifications
For section 8 (1) (a) (i) of the Act , the prescribed qualification for full registration is successful completion of—
a course of preservice teacher education consisting of at least 4 years academic study, including professional studies that are at least 1 year of academic study; or
a graduate course of preservice teacher education consisting of professional studies that are at least 1 year of academic study; or
another course of teacher education, provided by a higher education institution, that the college is satisfied is the equivalent of a course mentioned in paragraph (a) or (b) .
(a) a course of preservice teacher education consisting of at least 4 years academic study, including professional studies that are at least 1 year of academic study; or
Operational and compliance items are also prescribed: what changes an approved teacher must notify the college of (s 32), which national professional standards count (s 33), fees payable under the Act (s 34 and schedule 1), and a power for the board to waive fees on grounds of financial hardship (s 35). The 2005 regulation is repealed by s 36. The regulation cross-references schedule 2 for defined terms and schedule 1 for fees, both of which are referenced but not reproduced in the text provided.
Mechanically, the regulation turns high-level Act provisions into granular timeframes, documentary formalities, discrete decision nodes and delegated discretions (board, director, college). That creates a predictable sequence of actions for election administration and registration decisions, while leaving some substantive assessments (equivalence of qualifications and experience; what constitutes a reasonable excuse; security standards for the voting system) to the college and director.
Main concepts
The regulation operationalises several core concepts from the Act; the text supplied makes these concept-definitions and their administrative application central. Key concepts are:
Prescribed qualification and prescribed experience for registration. For full registration the regulation prescribes either a 4-year preservice program with at least 1 year of professional studies, a graduate course with at least 1 year of professional studies, or an equivalent assessed by the college (s 5). For provisional registration the same qualification parameters are prescribed (s 8). Prescribed experience for full registration is successful completion of one year of duties as a teacher at a school, or an equivalent the college accepts (s 6). The regulation also prescribes (in s 4) that references to "years of academic study" are to full‑time equivalence, or what the college considers equivalent.
Professional practice requirement: The regulation prescribes the ability to communicate in spoken and written English at a professional level as the required professional-practice competence for full registration (s 7), provisional registration (s 9), and permission to teach (s 10). The text repeatedly frames this as the "prescribed requirement for professional practice" linked back to the Act provisions cited.
Election mechanics: The director conducts board member elections (s 14) after the board fixes the election day (s 15). A roll of electors comprises registered teachers on the day the notice of election is published (s 16). The notice must set a final nomination day which is at least 10 days after publication and at least 21 days before the election day (s 17). A candidate must be nominated by six registered teachers on the roll, and cannot be nominated both as a State and a non-State candidate (s 18). Nomination formalities and deadlines are strict (s 19). If candidates are few, no ballot is required and candidates are taken to be elected unopposed (ss 20-21). If a vote is required, the director determines ballot order by lot (s 23), separates State and non-State ballot groups (s 23(3)), includes specified content on the ballot (s 24), and must give each elector notice at least 21 days before the election of the election day/time and voting instructions (s 25).
Voting eligibility: Electors vote according to self-identified affiliation: State-affiliated registered teachers vote for State schools candidates, non-State-affiliated registered teachers vote for non-State candidates (s 27). Voting must be cast following the ballot’s instructions (s 27(2)).
Director’s operational duties and discretions: The director must secure the voting system (s 28), count votes and may accept informal votes if voter intention is clear (s 29(3)), and prepare a signed, witnessed notice of result that records votes in words and figures and identifies elected candidates (s 30). The director has procedural discretion in cancelling nominations upon candidate death prior to ballots being made available (s 19(4)). The director also resolves ties by lot (s 30(4)). The regulation contains non-invalidity protection for procedural or formal errors (s 31).
Administrative notices, standards and fees: The regulation prescribes educational programs that satisfy the Act’s teacher definition (s 12), prescribes which employing authorities are relevant for certification matters (ss 12A-12C), records which national professional standards apply (s 33), and points to fees in schedule 1 (s 34) while granting the board the power to waive fees for financial hardship (s 35).
Each concept is implemented as a rule or a small set of operational requirements, with delegated factual assessments left to the college and director. The regulation often links back to specific sections of the Act, converting high-level statutory criteria into administrative thresholds and deadlines.
Who it affects
The regulation affects multiple groups, with direct and practical obligations placed on particular actors.
Teachers (prospective and registered): Prospective applicants for full or provisional registration must meet the prescribed qualification and experience requirements (ss 5, 6, 8). Teachers seeking renewal of full registration are subject to prescribed durations and look-back periods (s 11). Approved teachers must notify the college of prescribed changes in circumstances including name, address, changes in permanent employment school, and removal or variation of a qualification relied on for registration (s 32). Registered teachers appear on the roll of electors and can nominate and vote in board elections, subject to the roll being fixed by the director on the day the notice is published (ss 16, 17, 18, 27).
Practising teacher candidates: Teachers who stand for election must secure six nominators who are registered teachers on the roll, submit written signed nominations, accept within the time limits, and comply with candidate-statement length limits if they supply one (ss 18-19, 26).
The board of the Queensland College of Teachers: The board must fix the election day at least 45 days before the end of the elected members’ term (s 15). The board has a policy discretion to waive fees on grounds of financial hardship (s 35). The board is the body that receives declarations and is instrumentally involved in the governance of the college.
The director (an officer of the college): The director carries out the election process (s 14) and has a range of duties and discretions: compiling the roll (s 16), publishing notices in ways reasonably likely to reach electors (s 17(3)), determining ballot order by lot (s 23), arranging voting security (s 28), counting and accepting/rejecting votes (s 29) and preparing and signing the election-result notice witnessed by two people and submitting it to the Minister (s 30). The director also controls the accessibility of candidate statements unless the director has a "reasonable excuse", subject to an express exclusion that a circumstance beyond the director’s control cannot be relied on to avoid taking the action (s 26).
Employing authorities and entities listed for certification: The regulation prescribes employing authorities relevant for certification processes (ss 12A-12C). These include employing authorities for State schools and non-State schools represented by "CEQL", and s 12C also prescribes "CEQL" itself as an entity. The provided text records insertion and amendment footnotes for these provisions (2019 and 2025 amending Acts), indicating legislative change; however, the regulation text does not define CEQL , practitioners must consult the Act or schedules for that definition.
The Minister: The director must notify the Minister of declared results and unopposed elections (ss 20-21, 30). Thus the Minister is a recipient of election outcomes and is party to formal appointment steps under the Act.
The college as regulator: The college retains discretionary factual assessments, such as whether a course or experience is the equivalent of prescribed thresholds (ss 4, 5, 6). That discretion affects applicants and imposes an evidentiary burden related to equivalence assessments and notifications.
Financial effects: teachers are required to pay fees under schedule 1 (s 34), although the board may waive fees for financial hardship (s 35). The regulation therefore imposes a fee burden on participants unless waived.
Procedural effects: the election rules shape participation (nomination thresholds, deadlines), restrict candidacy (cannot be cross-nominated as State and non-State candidate, s 18(2)), and allocate voting rights by self-declared affiliation (s 27). These arrangements affect internal governance representation and how teacher constituencies are mobilised.
Key duties and rights
This section sets out the principal duties imposed by the regulation and the rights it creates or preserves, with direct references to the regulation where those duties and rights are stated.
Duties imposed:
College assessment duties: The college must be satisfied that an applicant’s academic study or experience is equivalent to prescribed thresholds where equivalence is claimed (s 4, s 5(c), s 6(1)(b), s 8(c)). Those are evaluative duties requiring the college to accept documentary or testimonial evidence (s 6(2) permits notice from the principal or another person to satisfy the college about experience).
Director’s election duties: The director must conduct the board member election (s 14); prepare the roll of electors based on registered teachers on the day the notice is published (s 16); publish a notice of election in a manner reasonably likely to bring it to electors’ attention (s 17(3)); decide ballot order by lot (s 23(1)); give each elector a written notice at least 21 days before the election with day/time and voting instructions (s 25); take reasonable steps to ensure integrity and security of the voting system (s 28); arrange for counting of votes and accept/reject votes according to formality rules (s 29); and prepare and sign a witnessed notice of result and give it to the Minister (s 30).
Candidate and nominator duties: A practising teacher may be nominated only if the teacher’s name is on the roll and the nomination is supported by six registered teachers on the roll (s 18). A nomination must be written and signed by the candidate and the six nominators and delivered to the director before 4.00 pm on the final nomination day (s 19(1)-(2)). A candidate may withdraw acceptance before 4.00 pm on the final nomination day (s 19(3)).
Notification duties of approved teachers: An approved teacher must notify the college of prescribed changes in circumstances , name, address, change of permanent school if employed permanent full-time or part-time, and removal or variation of a qualification that was relied upon to obtain registration or permission to teach (s 32).
Fee administration and hardship: The board may waive, wholly or partly, payment of a fee where it is satisfied payment would cause financial hardship (s 35), implying a duty to consider applications for waiver where such a claim is made.
Rights created or preserved:
Right to apply for registration based on prescribed qualifications and experience routes: Individuals who have completed the specified courses or equivalent (s 5, s 8) and the specified experience are eligible to apply for full or provisional registration (s 6). The regulation preserves the right to be assessed under those criteria.
Electoral rights of registered teachers: Registered teachers on the roll have the right to nominate candidates, to be nominated (subject to nomination rules), and to vote in the board member election in the ballot group matching their self-identified affiliation (s 16, s 18, s 27).
Candidate communication right: Candidates may prepare a statement (written or audio/video) that must include specified professional information and may be provided to electors, with limits on length (s 26). The director must take action reasonably likely to make the statement accessible to electors unless the director has a reasonable excuse; the regulation expressly limits the director’s excuses by stating the director cannot rely on a circumstance beyond the director’s control (s 26(3)-(5)).
Procedural fairness rights embedded in counting: The director must accept formal votes and reject informal votes but may accept informal votes if the director considers the voter’s intention is clear (s 29(2)-(3)). Also, if the director is not satisfied a voter is an elector, the vote must not be counted (s 29(4)), which creates an exclusionary right that may be subject to challenge on procedural grounds by those whose votes are rejected.
Decision-makers and discretions:
College discretion: assessing equivalence of qualification and experience (ss 4-6, 8).
Director discretion: publishing methods, accepting informal votes, canceling nominations if candidate dies prior to ballots being available, deciding ballot order by lot, and ensuring voting security with unspecified standards (ss 17, 19, 23, 26, 28, 29, 30).
Board discretion: fixing election day subject to the statutory minimum (s 15), and waiving fees for financial hardship (s 35).
The regulation therefore sets out a blend of mandatory procedural duties, evaluative discretions, and protected rights to participation, subject to documented thresholds and time limits. Where discretion is conferred, the regulation limits some excuses (for example, the director’s inability to make candidate statements accessible cannot be excused by circumstances beyond the director’s control, s 26), and leaves other standards (voting-system integrity) at the director’s assessment (s 28).
Penalties and enforcement
The regulation as provided does not introduce new criminal penalties or civil fines; it primarily prescribes administrative procedures, standards and timeframes that support enforcement powers already vested in the Act. The supplied text contains no express monetary penalties, infringement notices or criminal offences created by the regulation itself. Enforcement is therefore primarily administrative and operates through the Act’s registration, certification and disciplinary machinery rather than through new penal provisions in the regulation.
What enforcement mechanisms are present or implied in the regulation:
Administrative exclusion from electoral processes: The director must not count votes where the director is not satisfied a voter is an elector (s 29(4)). This functions as a compliance control over voting rights and can be exercised administratively on counting.
Rejection of informal votes and discretion to accept where intention is clear: The director accepts or rejects votes (s 29(2)-(3)). That is an operational enforcement step ensuring compliance with ballot instructions; disputed rejections will be dealt with by the college or under Act processes rather than through penal provisions in the regulation.
Notification obligations: Approved teachers must notify prescribed changes in circumstances (s 32). The regulation does not state a penalty for failing to notify; enforcement likely flows from Act provisions that tie registration status and obligations to notification requirements.
Fee collection and waivers: Fees payable under the Act are set out in schedule 1 (s 34). The regulation authorises waiver for financial hardship (s 35). Enforcement of fee payment and consequences of non-payment are not stated in the regulation, so collection and recovery mechanisms will be governed by the Act or other financial-management rules.
Election procedural finality rules: The regulation declares that elections are not invalidated for formal errors, delays, inadvertent failures to give notice or ballots, or defects of a merely formal nature (s 31). This provision reduces the scope for legal challenge on procedural grounds, constraining enforcement via judicial review or internal challenge to procedural incidents that are formal rather than substantive.
Ministerial notification and record-keeping: The director must notify the Minister of election results and declared unopposed elections (ss 20-21, 30). This creates a formal record and route for ministerial oversight but does not itself create penalties.
Absence of specific penalties in the regulation means that any sanction for non-compliance with registration conditions, incorrect or false information, failure to notify prescribed changes, or other misconduct must be sought under the Act and its disciplinary provisions. Practitioners should therefore locate the enforcement and sanctioning provisions in the Act itself. The regulation does, however, introduce procedural safeguards and limited exclusionary powers that can materially affect individuals’ rights to vote, stand for election, or maintain registration; those administrative actions will be enforced through the college’s exercise of powers under the Act supported by the regulation’s rules.
How it interacts with other laws
The regulation is expressly drafted as subordinate legislation to the Education (Queensland College of Teachers) Act (the Act), and it repeatedly cross-references specific provisions of the Act as the source of delegated power (for example, ss 5-11, 12, 33 refer back to sections of the Act). The regulation also cross-references the Education (Queensland Curriculum and Assessment Authority) Act 2014 (the curriculum and assessment Act) in defining educational programs tied to the Australian curriculum and kindergarten guidelines (s 12).
Key interactions evident in the text:
Delegation to the Act: Many provisions implement or fill in particulars for Act clauses, such as criteria for registration (ss 5-11) and the election process (Pt 3 implements the Act’s requirements in s 240(2) and related provisions). Practitioners must therefore read the regulation alongside the Act because the regulation prescribes particulars for eligibility and procedure but presumes the broader substantive framework and enforcement powers in the Act.
Curriculum and assessment law: Section 12 prescribes what constitutes an educational program for the Act’s definition of teacher and explicitly references the curriculum and assessment Act and its schedules for definitions of the Australian curriculum and kindergarten guideline. That ties teacher definitions and registration to curriculum instruments made or accredited under a separate statute, creating cross-instrument linkage between teacher registration and curriculum standards.
Administrative law and judicial review: The regulation confers discretionary powers on the college and the director, including evaluative judgements on equivalence (ss 4-6), decisions about accepting votes and voter eligibility (s 29), and decisions about why candidate statements were not made accessible (s 26). These discretionary decisions will be subject to standard administrative-law constraints (such as reasonableness, procedural fairness and jurisdictional error) under the common law and the Judicial Review Act where applicable. The regulation’s non-invalidity clause (s 31) narrows the scope for procedural challenge of formal defects but does not remove judicial review of jurisdictional or legal errors.
Records and privacy laws: The roll of electors (s 16) and candidate statements (s 26) will involve personal information about teachers and nominators. The regulation does not detail privacy protections or records retention; those matters interact with general public-sector and privacy legislation and the college’s internal information‑management obligations.
Employment and industrial laws: The regulation prescribes that the roll and the rights to vote and nominate are restricted to registered teachers (s 16). It also prescribes notice duties concerning permanent employment details (s 32(c)). While the regulation does not directly regulate employment contracts or industrial relations, these provisions can affect employment status documentation and may interact with employers’ record-keeping and personnel processes under employment law.
Other regulatory instruments: The regulation refers to schedule 1 (fees) and schedule 2 (dictionary). These schedules and definitions will determine how terms used across other education instruments are to be read. Also, the naming of "CEQL" in ss 12A-12C as a prescribed employing authority or entity implies a statutory interplay with bodies represented by that entity; practitioners must consult definitions in the Act or schedules to identify the legal identity and obligations of CEQL.
In practice, the regulation is an implementation instrument that operationally links registration and electoral administration to curriculum standards, ministerial oversight and the college’s governance. For authoritative resolution of substantive disputes (discipline, denial of registration, fee recovery), the Act’s primary powers and procedural provisions will determine outcomes; the regulation supplies procedural particulars that must be read in tandem with the Act and relevant administrative and privacy statutes.
Amendment history
The regulation text supplied carries internal amendment annotations for specific sections and records a repeal of the prior 2005 regulation. Explicit amendment markers in the text include:
Sections 12A, 12B and 12C (Certification of teachers) are marked as inserted in the 2019 Act No. 14, s 13, and amended in 2025 Act No. 24 with specific subsection citations: "s 12A ins 2019 Act No. 14 s 13 amd 2025 Act No. 24 s 39ZJ" (for s 12A), "s 12B ins 2019 Act No. 14 s 13 amd 2025 Act No. 24 s 39ZK" (for s 12B), and "s 12C ins 2019 Act No. 14 s 13 amd 2025 Act No. 24 s 39ZL" (for s 12C). This indicates that the certification-of-teachers regime was introduced in 2019 and subsequently amended in 2025; the regulation text incorporates those changes.
Section 36 expressly repeals the Education (Queensland College of Teachers) Regulation 2005 SL No. 279 (s 36). Thus the 2016 regulation replaced the 2005 instrument and remains the operative regulation subject to later amendments.
Several provisions include multiple iterations of clause formatting (for example s 4, s 6, s 11, s 12, s 17, s 19, s 26, s 29, s 30), suggesting consolidation of restatements or formatting changes within the text; however, the supplied text does not include an explanatory memorandum or series of historical amending Acts beyond the 2019 and 2025 insertion/amendment notes for ss 12A-12C.
Absent from the supplied regulation are a comprehensive amendment schedule, amendment dates for other sections, or historical annotations for all changes since 2016. The textual footnotes shown are the only explicit amendment history present in the material provided. Practitioners needing the full legislative history should consult the consolidated version maintained by the Queensland legislation database or other official repositories (for example, Queensland Legislation or AustLII) to view prior versions, the dates of commencement of particular amending Acts, and the context (explanatory material) for amendments.
The presence of amendment notations for the certification provisions signals that the statutory architecture for teacher certification and the entities involved has been the subject of policy change since 2016; the regulation text records those changes but leaves definitions (for example "CEQL") to other instruments or schedule definitions not included in the excerpt. Users should therefore check the Act and schedules for the operative meaning and commencement dates of the 2019 and 2025 changes and to confirm transitional arrangements or savings clauses that might affect ongoing certification processes.
Litigation history
The regulation text provided does not record, cite or summarise any litigation or judicial decisions. It contains no case names, reported decisions, or judicial interpretations embedded in the instrument. Consequently, there is no litigation history contained within the regulation excerpt itself.
Practical implications for practitioners:
Because the regulation establishes administrative discretions with interpretive points (for example, what constitutes "equivalent" academic study or experience, what counts as a "reasonable excuse" for the director in making candidate statements accessible, or what procedural defects are "merely formal" under s 31), those issues could be the subject of administrative review or judicial review proceedings. However, any such litigation will be found in court or tribunal records and not in the regulation text.
To determine whether any part of this regulation has been judicially considered, practitioners should search legal databases (Queensland courts, Federal Court, Supreme Court of Queensland, Administrative Appeals Tribunal if relevant, and consolidated law-reporting services) for cases citing specific sections of the regulation or the Act provisions cross-referenced by the regulation. The regulation itself does not provide judicial gloss or statutory interpretation.
If a practitioner needs to assess the legal risk of judicial challenge to an electoral process, registration refusal or fee-waiver decision, they must examine case law applying analogous procedural or evaluative discretions under the Act or other public-sector administrative contexts. The present text does not supply that case law.
In short, no litigation history is provided in the regulation excerpt. For authoritative information on whether the regulation or its provisions have been litigated, consult legal research services, court databases, or seek historical consolidated legislation versions that may include references to cases in annotated editions.
Gotchas
This section identifies potential traps, ambiguities and operational friction points that arise from the regulation text supplied. Each point cites the relevant section so practitioners can verify the exact wording.
Equivalence discretion for qualifications and experience (ss 4, 5(c), 6(1)(b), 8(c)). The college is given the power to be "satisfied" that a course or amount of academic study is the equivalent of prescribed years, and that other experience is equivalent to one year of duties as a teacher at a school (s 4, s 5(c), s 6(1)(b), s 8(c)). The regulation does not elaborate evidence thresholds or an appeal route against an adverse equivalence finding. Practitioners should note that the burden is on the applicant to persuade the college, and that equivalent assessments are fact‑based and discretionary.
Timing and reliance on the roll date (ss 16-17). The roll of electors is fixed as "persons who are registered teachers on the day the notice of election is published" (s 16). Nominators and candidates must be on that roll to participate in nominations (s 18 requires nominators to be on the roll). That creates a hard cutoff: changes in registration status after publication do not affect the roll for that election. Parties must ensure registration is active on the precise publication date.
Nomination formalities and short windows (ss 17-19). The regulation requires a final nomination day positioned at least 10 days after publication and at least 21 days before election day (s 17(2)). Nominations must be given before 4.00 pm on that final nomination day and be written and signed by the candidate and six nominators (s 19). Missing the 4.00 pm deadline or a signature requirement is fatal to a nomination. The director may cancel a nomination if aware of a candidate’s death before ballots are issued (s 19(4)), a specific contingency that can affect timing.
Prohibition on dual nominations (s 18(2)). A practising teacher cannot be nominated as both a State schools candidate and a non-State schools candidate. The regulation does not define the consequences where a candidate is mistakenly nominated in both categories; this single prohibition can create disputes over categorisation for candidates with mixed employment histories.
Ambiguity in the "reasonable excuse" and "circumstance beyond control" language (s 26). The director must make candidate statements accessible unless the director has a "reasonable excuse" (s 26(3)). The regulation then states "The director can not take the action due to a circumstance beyond the director’s control" (s 26(4) as supplied). The drafting is ambiguous: read literally, it appears to restrict the director from relying on circumstances beyond the director’s control as an excuse. That limits the director’s ability to excuse non-delivery for force majeure events. Practitioners should verify the consolidated text and any legislative intent to understand whether this is a drafting anomaly.
Self-identification of affiliation for voting (s 27). An elector votes for the ballot group corresponding to the elector’s self-identification of affiliation (State or non‑State). The regulation does not prescribe documentary proof of affiliation or an audit process. The director also has power to refuse to count a vote where the director is not satisfied a voter is an elector (s 29(4)), which could lead to contested decisions if an elector’s affiliation is disputed.
Director discretion over informal votes and acceptance standards (s 29). The director must accept formal votes and reject informal votes but may accept an informal vote if they consider the voter’s intention is clear (s 29(2)-(3)). That grants the director significant subjective discretion at counting. Where the director accepts votes that deviate from strict formality, that decision could be a basis for dispute.
Security and integrity standards unspecified (s 28). The director "must take reasonable steps to ensure the integrity and security of the voting system", but the regulation does not specify technical standards, certification, audit trails or observers. That leaves operational standards to the director, with possible legal exposure if an inferior system fails.
Notice and witness formalities for declarations (ss 20-21, 30). Where candidates are unopposed or results are declared, the director must prepare a signed notice and have the signing witnessed by two other persons (s 30(5)). Failure to obtain two witness signatures could affect the formalities of the declaration and ministerial notification.
Fees not reproduced here (s 34 and schedule 1). The regulation states fees are in schedule 1 but the schedule is not part of the supplied text. Practitioners must check schedule 1 for amounts and whether fees are indexed or non-indexed (the text has placeholders titled "Indexed fees" and "Non-indexed fees").
Certification employing-authority definitions (ss 12A-12C). The provisions name "CEQL" and prescribe employing authorities represented by CEQL but do not define CEQL in the excerpt. Understanding which non-State employers are covered requires cross-reference to the Act or schedule definitions.
Non-invalidity clause (s 31). The regulation makes the election "not invalid" because of formal errors, late publication, delays, inadvertent failures to give a notice or ballot, or defects of a merely formal nature. That reduces remedies for procedural irregularities that are "merely formal", but what counts as "merely formal" is not defined and may be litigated.
Each of these points identifies where operational compliance, evidentiary preparedness, or careful procedural design is necessary to avoid exclusion, dispute or administrative error. Practitioners should verify the consolidated regulation text, schedules and the parent Act for related obligations and definitions.
How to comply
The following is a practical compliance checklist and guidance keyed to the regulation’s operative requirements and decision points. It is framed as an evidence-and-timing-oriented operational plan for those most directly affected: teacher applicants, candidate nominators, the director and the board, and employing authorities.
For applicants seeking full or provisional registration (ss 5-9, s 6):
Assemble documentary evidence of academic qualifications that meet the prescribed routes: either a 4-year preservice program including at least one year of professional studies, or a graduate course with at least one year of professional studies, or documentation to support an equivalence claim (s 5, s 8). Where claiming equivalence, prepare a clear comparative statement and supporting transcripts, curriculum maps or accreditation evidence for the college to assess (s 4, s 5(c), s 8(c)).
For the experience requirement for full registration, secure a record demonstrating successful completion of one year of duties as a teacher at a school, for example, a letter from the principal or payroll/employment records (s 6(1)(a)). If claiming equivalent experience, provide evidence and arrange for the principal or other competent person to give notice to the college as allowed under s 6(2).
Prepare evidence of English-language professional competence, as the regulation prescribes the ability to communicate in spoken and written English at a professional level (s 7, s 9, s 10). While the regulation does not prescribe specific testing instruments, applicants should have workplace references and, if appropriate, recognised test scores or employer confirmations available.
For candidates and nominators participating in board elections (Pt 3):
Check the roll date. Ensure you are a registered teacher on the day the notice of election is published (s 16). If not yet registered, complete registration well before the expected notice publication.
Secure six nominators who are themselves registered teachers on the roll (s 18(1)(b)). Obtain written signatures and a contemporaneous record to avoid disputes.
Submit the nomination in writing, with the candidate’s written acceptance and six nominators’ signatures, delivered to the director before 4.00 pm on the final nomination day (s 19(1)-(2)). Note that the final nomination day must be at least 10 days after the notice is published and at least 21 days before the election day (s 17(2)); plan timelines accordingly.
If preparing a candidate statement, keep written statements to no more than 100 words and audio/video statements to no more than one minute (s 26(2)). Deliver the statement before 4.00 pm on the final nomination day to ensure the director can take action to make it accessible to electors (s 26(3)).
Avoid being nominated in both State and non‑State categories; s 18(2) forbids dual nomination.
For directors conducting elections (Pt 3 duties):
Coordinate with the board to ensure the board fixes the election day at least 45 days before the end of the elected members’ terms (s 15). Use this as the anchor for rolling backwards to set publication and nomination deadlines.
Prepare and publish the notice of election in a manner reasonably likely to bring it to electors’ attention (s 17(3)). Keep records of publication method, dates and distribution lists to demonstrate compliance.
Compile the roll of electors as at the day the notice is published (s 16). Use the college’s register snapshot functionality to avoid post-publication changes affecting determinations.
Ensure the final nomination day is scheduled to be at least 10 days after publication and at least 21 days before election day (s 17(2)). Circulate deadline reminders and provide contact points for nomination queries.
Manage ballot logistics: decide order by lot soon after the final nomination day (s 23(1)), separate State and non-State ballot groups if both are contested (s 23(3)), and ensure ballots contain election day/time, candidate names in decided order, party (State/non-State) indication and instructions on how to vote (s 24).
Give each elector written notice at least 21 days before the election of the election day/time and voting instructions (s 25). Keep proof of dispatch or email logs to evidence compliance.
Implement voting-system security measures and document the steps taken to ensure integrity (s 28). Although the regulation does not prescribe technical standards, maintain an audit trail, system access logs, authentication procedures for voters and contingency plans for system failure.
On receipt of candidate statements before the deadline, take action reasonably likely to make them accessible to electors (s 26). Keep a documented record of any "reasonable excuse" claimed for not making a statement accessible, bearing in mind the regulation’s limitation on excuses described in s 26.
Prepare counting protocols that respect the regulation: accept formal votes and reject informal votes, but have a procedure for assessing voter intention where informal votes might be accepted (s 29(2)-(3)). Establish a process to verify elector status where there is doubt (s 29(4)).
Prepare the result notice with vote numbers in words and figures and ensure two witnesses sign the director’s signing (s 30(1), (5)). Deliver the notice to the Minister as soon as practicable after signing and witnessing (s 30(6)).
For the board and fee administration (ss 15, 34-35):
Fix election dates compliant with s 15. When dealing with fees under schedule 1, establish an internal process for assessing applications for waiver based on financial hardship, documenting the decision and its basis to satisfy s 35.
For employing authorities and school employers (ss 12A-12C, s 32):
Where an employing authority or a school is required to provide notice confirming experience or other staff details (s 6(2) and s 32(c)), ensure personnel records can provide timely statements to the college and maintain channels of communication with the college for certification and registration matters.
General compliance safeguards:
Cross‑check definitions in schedule 2 and terms used across the Act and regulation. The supplied excerpt references schedule 2 for certain dictionary entries and uses terms such as "CEQL" whose definition is not in the excerpt.
Archive and retain evidence of publication, nominations received, ballots issued, voting-system logs, counting records and result declarations in line with public-records obligations and potential review processes.
Where a provision is ambiguous (for example s 26’s "reasonable excuse" language), seek clarification from the college’s legal advisers or obtain written administrative guidance to create a defensible compliance position.
Following these steps will align operational practice with the regulation’s specific requirements. Because the regulation sits alongside the Act, practitioners should maintain an integrated compliance checklist that references both instruments, and confirm any fees or defined terms against the schedules and the consolidated legislation.
(b) a graduate course of preservice teacher education consisting of professional studies that are at least 1 year of academic study; or
(c) another course of teacher education, provided by a higher education institution, that the college is satisfied is the equivalent of a course mentioned in paragraph (a) or (b) .
sec.6 Experience
sec.6 Experience
For section 8 (1) (a) (i) of the Act , the prescribed experience for full registration is—
successful completion of 1 year of duties as a teacher at a school; or
other experience the college is satisfied is the equivalent of successful completion of 1 year of duties as a teacher at a school.
For subsection (1) , the college may be satisfied a person has the prescribed experience if the college receives notice of the experience from—
the principal of the school at which the teaching was carried out; or
another person the college considers can adequately inform the college about the teaching or other experience.
(sec.6-ssec.1) For section 8 (1) (a) (i) of the Act , the prescribed experience for full registration is— successful completion of 1 year of duties as a teacher at a school; or other experience the college is satisfied is the equivalent of successful completion of 1 year of duties as a teacher at a school.
(sec.6-ssec.2) For subsection (1) , the college may be satisfied a person has the prescribed experience if the college receives notice of the experience from— the principal of the school at which the teaching was carried out; or another person the college considers can adequately inform the college about the teaching or other experience.
(a) successful completion of 1 year of duties as a teacher at a school; or
(b) other experience the college is satisfied is the equivalent of successful completion of 1 year of duties as a teacher at a school.
(a) the principal of the school at which the teaching was carried out; or
(b) another person the college considers can adequately inform the college about the teaching or other experience.
sec.7 Additional requirement for professional practice for full registration
sec.7 Additional requirement for professional practice for full registration
For section 8 (1) (d) of the Act , the prescribed requirement for professional practice for full registration is the ability to communicate in spoken and written English at a professional level with students, parents, teachers and other persons.
pt.2-div.2 Eligibility for provisional registration
Eligibility for provisional registration
sec.8 Qualifications
sec.8 Qualifications
For section 9 (1) (a) (i) of the Act , the prescribed qualification for provisional registration is successful completion of—
a course of preservice teacher education consisting of at least 4 years academic study, including professional studies that are at least 1 year of academic study ; or
a graduate course of preservice teacher education consisting of professional studies that are at least 1 year of academic study; or
another course of teacher education, provided by a higher education institution, that the college is satisfied is the equivalent of a course mentioned in paragraph (a) or (b) .
(a) a course of preservice teacher education consisting of at least 4 years academic study, including professional studies that are at least 1 year of academic study ; or
(b) a graduate course of preservice teacher education consisting of professional studies that are at least 1 year of academic study; or
(c) another course of teacher education, provided by a higher education institution, that the college is satisfied is the equivalent of a course mentioned in paragraph (a) or (b) .
sec.9 Additional requirement for professional practice for provisional registration
sec.9 Additional requirement for professional practice for provisional registration
For section 9 (1) (d) of the Act , the prescribed requirement for professional practice for provisional registration is the ability to communicate in spoken and written English at a professional level with students, parents, teachers and other persons.
pt.2-div.3 Eligibility for permission to teach
Eligibility for permission to teach
sec.10 Additional requirement for professional practice for permission to teach
sec.10 Additional requirement for professional practice for permission to teach
For section 10 (1) (d) of the Act , the prescribed requirement for professional practice for permission to teach is the ability to communicate in spoken and written English at a professional level with students, parents, teachers and other persons.
pt.2-div.4 Renewal of full registration
Renewal of full registration
sec.11 Particular requirements for renewal of full registration
sec.11 Particular requirements for renewal of full registration
For section 29 (2) (c) (i) (A) and (ii) (A) of the Act , the prescribed duration is 6 months.
For section 29 (2) (c) (i) (B) and (ii) (B) of the Act , the prescribed period is 5 years immediately before the day a teacher’s full registration ends.
(sec.11-ssec.1) For section 29 (2) (c) (i) (A) and (ii) (A) of the Act , the prescribed duration is 6 months.
(sec.11-ssec.2) For section 29 (2) (c) (i) (B) and (ii) (B) of the Act , the prescribed period is 5 years immediately before the day a teacher’s full registration ends.
pt.2-div.5 Educational programs
Educational programs
sec.12 Prescribed educational programs
sec.12 Prescribed educational programs
For the Act , schedule 3 , definition teacher , paragraph (a) (ii) , each of the following educational programs is prescribed—
an educational program based on the Australian curriculum;
an educational program based on a syllabus developed, purchased or revised by the Queensland Curriculum and Assessment Authority under the curriculum and assessment Act;
an educational program based on a kindergarten guideline developed, purchased and revised, or accredited by the Queensland Curriculum and Assessment Authority under the curriculum and assessment Act.
In this section—
Australian curriculum see the curriculum and assessment Act , schedule 1 .
curriculum and assessment Act means the Education (Queensland Curriculum and Assessment Authority) Act 2014 .
kindergarten guideline see the curriculum and assessment Act , schedule 1 .
(sec.12-ssec.1) For the Act , schedule 3 , definition teacher , paragraph (a) (ii) , each of the following educational programs is prescribed— an educational program based on the Australian curriculum; an educational program based on a syllabus developed, purchased or revised by the Queensland Curriculum and Assessment Authority under the curriculum and assessment Act; an educational program based on a kindergarten guideline developed, purchased and revised, or accredited by the Queensland Curriculum and Assessment Authority under the curriculum and assessment Act.
(sec.12-ssec.2) In this section— Australian curriculum see the curriculum and assessment Act , schedule 1 . curriculum and assessment Act means the Education (Queensland Curriculum and Assessment Authority) Act 2014 . kindergarten guideline see the curriculum and assessment Act , schedule 1 .
(a) an educational program based on the Australian curriculum;
(b) an educational program based on a syllabus developed, purchased or revised by the Queensland Curriculum and Assessment Authority under the curriculum and assessment Act;
(c) an educational program based on a kindergarten guideline developed, purchased and revised, or accredited by the Queensland Curriculum and Assessment Authority under the curriculum and assessment Act.
pt.2A Certification of teachers
Certification of teachers
sec.12A Prescribed employing authorities— Act , s 67A
sec.12A Prescribed employing authorities— Act , s 67A
For section 67A (2) (c) of the Act , the following employing authorities are prescribed—
an employing authority for a State school;
an employing authority for a non-State school represented by CEQL.
s 12A ins 2019 Act No. 14 s 13
amd 2025 Act No. 24 s 39ZJ
(a) an employing authority for a State school;
(b) an employing authority for a non-State school represented by CEQL.
sec.12B Prescribed employing authorities— Act , s 67J
sec.12B Prescribed employing authorities— Act , s 67J
For section 67J (3) (b) of the Act , the following employing authorities are prescribed—
an employing authority for a State school;
an employing authority for a non-State school represented by CEQL.
s 12B ins 2019 Act No. 14 s 13
amd 2025 Act No. 24 s 39ZK
(a) an employing authority for a State school;
(b) an employing authority for a non-State school represented by CEQL.
sec.12C Prescribed entities— Act , s 230B
sec.12C Prescribed entities— Act , s 230B
For section 230B (3) of the Act , the following entities are prescribed—
an employing authority for a State school;
an employing authority for a non-State school represented by CEQL;
CEQL.
s 12C ins 2019 Act No. 14 s 13
amd 2025 Act No. 24 s 39ZL
(a) an employing authority for a State school;
(b) an employing authority for a non-State school represented by CEQL;
(c) CEQL.
pt.3 Requirements for carrying out election of practising teachers for appointment to board
Requirements for carrying out election of practising teachers for appointment to board
pt.3-div.1 Purpose of part
Purpose of part
sec.13 Purpose of part
sec.13 Purpose of part
This part states, for section 240 (2) of the Act , the requirements for carrying out an election (a board member election ) of practising teachers for appointment as members of the board under section 239 (1) (j) of the Act .
pt.3-div.2 Director to conduct election
Director to conduct election
sec.14 Director to conduct election
sec.14 Director to conduct election
The director must conduct the board member election, but the day for the election must be fixed by the board under section 15 .
(sec.14-ssec) The director must conduct the board member election, but the day for the election must be fixed by the board under section 15 .
pt.3-div.3 Matters before the election
Matters before the election
sec.15 Election day to be fixed
sec.15 Election day to be fixed
The board must fix, as the election day for the board member election, a day at least 45 days before the end of the term of appointment of the elected members of the board.
In this section—
elected members of the board means the board members elected for section 239 (1) (j) of the Act .
(sec.15-ssec.1) The board must fix, as the election day for the board member election, a day at least 45 days before the end of the term of appointment of the elected members of the board.
(sec.15-ssec.2) In this section— elected members of the board means the board members elected for section 239 (1) (j) of the Act .
sec.16 Roll of electors
sec.16 Roll of electors
The director must prepare a roll (the roll of electors ) of persons (each an elector ) who are registered teachers on the day the notice of election is published.
sec.17 Notice of election and of right to nominate candidates
sec.17 Notice of election and of right to nominate candidates
The director must publish a notice (the notice of election ) that contains information about the board member election, including—
the election day; and
the final day (the final nomination day ) for the receipt of nominations of candidates for the election.
The final nomination day must be—
at least 10 days after the day the notice of election is published; and
at least 21 days before the election day.
The director must publish the notice of election in a way the director reasonably considers will, or is likely to, bring the notice to the attention of all electors.
publication in an appropriate newsletter, by email to electors or on the college’s website
(sec.17-ssec.1) The director must publish a notice (the notice of election ) that contains information about the board member election, including— the election day; and the final day (the final nomination day ) for the receipt of nominations of candidates for the election.
(sec.17-ssec.2) The final nomination day must be— at least 10 days after the day the notice of election is published; and at least 21 days before the election day.
(sec.17-ssec.3) The director must publish the notice of election in a way the director reasonably considers will, or is likely to, bring the notice to the attention of all electors. publication in an appropriate newsletter, by email to electors or on the college’s website
(a) the election day; and
(b) the final day (the final nomination day ) for the receipt of nominations of candidates for the election.
(a) at least 10 days after the day the notice of election is published; and
(b) at least 21 days before the election day.
sec.18 Nomination of candidates
sec.18 Nomination of candidates
A practising teacher may be nominated as a candidate for the board member election if—
the practising teacher’s name is on the roll of electors; and
the teacher is nominated as a candidate by 6 registered teachers (other than the practising teacher) whose names are also on the roll of electors.
However,
This is an opening excerpt, not the complete document.