The Act centralises teacher accreditation in a new NSW Education Standards Authority that sets and enforces professional standards, keeps public registers, assesses suitability (including criminal and disciplinary checks), and can grant, condition, suspend or revoke accreditation. Accreditation and a working‑with‑children clearance are required to teach; employers may only engage accredited staff and must notify the Authority of certain disciplinary actions.
It affects individual and prospective teachers, schools and early‑childhood centres, training providers and agencies that share or receive information. It matters because it concentrates decision‑making on who may teach and ties child‑safety checks to legal employment eligibility.
The Teacher Accreditation Act 2004 (NSW) establishes a comprehensive regulatory framework for ensuring that individuals who teach in schools or early childhood education centres in New South Wales are appropriately qualified, competent, and of suitable character. At its core, the Act mandates accreditation by the NSW Education Standards Authority (the Authority) as a precondition to teaching (s 28(1)). It defines the meaning of "teach" in s 3A(1) as undertaking duties that include delivering curriculum-aligned courses, assessing student or child participation and progress, and supporting or leading the development and implementation of educational programs. This definition applies specifically to duties performed on the premises of a school or centre (s 3A(2)).
The Act is structured around five main Parts. Part 1 contains preliminary provisions, including a paramountcy principle that the safety, welfare and wellbeing of children must guide all decisions (s 4, as substituted in 2021). It also lists extensive definitions (s 3), such as "accreditation" (which encompasses provisional, conditional, and full accreditation under Part 4), "professional teaching standards" (standards approved by the Minister under s 19), and specialised categories like non-school based teacher and non-centre based teacher. These latter categories capture individuals who hold recognised qualifications, have prior teaching experience, and perform curriculum development, wellbeing, or lecturing roles without direct classroom teaching.
Part 2 outlines the Authority's functions (s 6, as substituted in 2021), which include advising the Minister on professional teaching standards, monitoring accreditation processes, assessing suitability to teach, granting and revoking accreditations, and approving teacher education courses. Notably, s 6(3) expressly excludes industrial matters such as salaries or employment conditions from the Authority's remit. Section 7 authorises the Authority to obtain and share "relevant information" (including criminal history, disciplinary proceedings, and clearance history under the Child Protection (Working with Children) Act 2012) with specified entities for "authorised purposes" such as identity verification, application assessment, or suitability determinations.
Current sections
Direct links to the current provisions in Teacher Accreditation Act 2004.
Children’s Guardian means the Children’s Guardian appointed under the Children’s Guardian Act 2019, section 115.
degree means a degree that meets the specifications under the Australian Qualifications Framework.
dismiss includes—
(a) in the case of a teacher who is appointed on probation—the annulment of that appointment, or
(b) in the case of a teacher employed on a casual basis—dispensing with the services of the teacher.
early childhood education centre or centre means the following, but does not include a family day care service or an out-of-school hours or vacation care service—
(b) a service or facility of a class declared by the regulations to be an early childhood education centre.
employ includes engage or appoint.
exercise a function includes perform a duty.
function includes a power, authority or duty.
government school and non-government school have the same meanings as in the Education Act 1990.
non-centre based teacher means a person—
(a) who holds a degree or teaching qualification recognised by the Authority, and
(b) who is not teaching in an early childhood education centre but has taught in an early childhood education centre for a period of not less than the period prescribed for the purposes of this definition by the regulations or the rules of the Authority, and
(c) who is employed to undertake any of the following—
(i) duties relating to the development or implementation of the curriculum for early childhood education,
(ii) duties relating to the learning and wellbeing of children who attend early childhood education centres,
(iii) duties relating to curriculum teaching and learning in early childhood education centres,
(iv) duties as an early childhood education lecturer or tutor in a university or other higher education institution in New South Wales,
(v) duties as an educational consultant for early childhood education centres.
non-school based teacher means a person—
(a) who holds a degree or teaching qualification recognised by the Authority, and
(b) who is not teaching in a school but has taught in a school for a period of not less than the period prescribed for the purposes of this definition by the regulations or the rules of the Authority, and
(c) who is employed to undertake any of the following—
(i) duties relating to the development or implementation of the curriculum (including assessment and reporting) for primary and secondary education,
(ii) duties relating to the learning and wellbeing of school students,
(iii) duties relating to curriculum teaching and learning in schools,
(iv) duties as a K–Year 12 education lecturer or tutor in a university or other higher education institution in New South Wales,
(v) duties as an educational consultant for schools.
non-teaching school counsellor means a school counsellor who is not teaching in a school.
professional development includes formal and informal learning activities designed to maintain and enhance the knowledge and skills of teachers.
professional teaching standards means the professional teaching standards approved by the Minister from time to time under section 19.
relevant complaint about a person means an allegation that—
(a) the person has engaged in misconduct, or
(b) the person is incompetent in performing the work of a teacher, or
(c) the person has failed to comply with the professional teaching standards.
roll of teachers means the roll maintained by the Authority under Part 3.
(ii) assessing the participation, performance and progress of children in that educational program, and
(iii) supporting and leading the development and implementation of the delivery and assessment of the educational program.
(2) A reference in this section to undertaking duties in relation to a school or early childhood education centre is a reference to undertaking duties on the premises of a school or centre in the course of providing services conducted by the school or centre.
s 3A: Ins 2008 No 120, Sch 1 [3]. Subst 2014 No 68, Sch 1 [3]. Am 2021 No 41, Sch 1[4]–[6].
4
Protection of children paramount
4 Protection of children paramount
4 Protection of children paramount
This Act must be administered by applying the principle that, in an action or decision concerning a child or young person, the safety, welfare and wellbeing of the child or young person are paramount.
s 4: Am 2014 No 68, Sch 1 [4]–[7]. Subst 2021 No 41, Sch 1[7].
5
Mutual recognition laws
5 Mutual recognition laws
5 Mutual recognition laws
This Act does not limit or otherwise affect the operation of—
pt 2, hdg: Am 2013 No 89, Sch 4 [8]; 2016 No 50, Sch 3 [7]. Subst 2021 No 41, Sch 1[8].
pt 2, div 1, hdg: Am 2013 No 89, Sch 4 [9]. Rep 2021 No 41, Sch 1[8].
6
Functions of Authority
6 Functions of Authority
6 Functions of Authority
(1) The functions of the Authority under this Act include the following—
(a) to provide advice to the Minister on the development, content and application of the professional teaching standards,
(b) to provide advice to the Minister on the Minister’s other functions under this Act,
(c) to monitor the accreditation process across all schools,
(d) to ensure professional teaching standards are applied fairly and consistently,
(e) to monitor, evaluate and report on the quality of initial and continuing teacher education courses and programs approved under the professional teaching standards,
(f) to assess a person’s suitability to teach,
(g) to accredit teachers at all levels, including the voluntary accreditation of teachers at higher levels and non-practising teachers,
(h) to suspend, revoke and impose conditions on accreditation,
(i) other functions imposed by or under this Act or another Act.
(2) The functions of the Authority under this Act also include making decisions about whether or not to approve—
(a) a teacher education course or program for the purposes of this Act, or
(b) a person or body to provide professional development in accordance with the requirements of the professional teaching standards.
(3) The functions of the Authority under this Act do not extend to industrial matters concerning teachers, for example, the salaries of teachers or the conditions of employment of teachers.
s 6: Rep 2013 No 89, Sch 4 [10]. Ins 2021 No 41, Sch 1[8].
7
Obtaining and sharing information
7 Obtaining and sharing information
7 Obtaining and sharing information
(1) The Authority may obtain relevant information from, and disclose relevant information to, the following relevant entities, for an authorised purpose—
(a) the Children’s Guardian,
(b) the Commissioner of Police,
(c) a school or early childhood education centre, or an equivalent entity in another jurisdiction, including outside Australia,
(d) an organisation to which a matter relevant to an assessment of suitability has been referred under section 38.
(2) In this section—
authorised purpose means a purpose for or in connection with the execution or administration of this Act and includes the following purposes—
(a) the verification of the identity of a person who is an applicant for, or the holder of, an accreditation under this Act,
(b) the consideration and determination of a person’s application under this Act,
(c) assessing and determining under Part 4, Division 2 whether to suspend or revoke a person’s accreditation,
(d) assessing and determining under Part 4, Division 4 whether a person is suitable to teach.
clearance history, of a person, means the history of action taken in relation to an application for a clearance by the person or a clearance held by the person under the Child Protection (Working with Children) Act 2012, including the following—
(a) a risk assessment determination,
(b) an interim bar,
(c) a refusal of an application,
(d) the suspension or cancellation of a clearance.
relevant information means the following information about a person—
(a) information relevant to the verification of the identity of the person,
(b) information about the person disclosed by the person to a relevant entity,
(c) information about the person’s criminal history in this jurisdiction or another jurisdiction,
(d) information about disciplinary proceedings against the person in this jurisdiction or another jurisdiction,
(e) information about the person’s clearance history,
(f) information about whether the person continues to comply with accreditation requirements and teaching standards under the professional teaching standards,
(g) other information relevant to assessing the person’s suitability to teach, including a relevant complaint.
s 7: Am 2006 No 2, Sch 4.30 [1]; 2013 No 89, Sch 4 [11] [12]; 2014 No 68, Sch 1 [8]–[10]; 2016 No 50, Sch 3 [8] [9]. Subst 2021 No 41, Sch 1[8].
8
8
8–15 (Repealed)
Part 3
Roll of teachers
Part 3 Roll of teachers
Part 3 Roll of teachers
16
Authority to maintain roll of teachers
16 Authority to maintain roll of teachers
16 Authority to maintain roll of teachers
(1) The Authority is required to maintain, in printed or electronic form (or both), a roll of teachers for the purposes of this Act.
(2) The roll of teachers is to consist of 2 parts, namely—
(a) the public register of teachers, and
(b) the accreditation list.
s 16: Am 2013 No 89, Sch 4 [7]; 2021 No 41, Sch 1[9].
17
Public register of teachers
17 Public register of teachers
17 Public register of teachers
(1) A public register of accredited persons must be published on the Authority’s website.
(2) The public register must contain the following information about an accredited person—
(a) the person’s full name,
(b) the accreditation number specified on the person’s certificate of accreditation,
(c) the type or level of accreditation held by the person.
s 17: Am 2013 No 89, Sch 4 [7] [16]; 2014 No 68, Sch 1 [13]; 2016 No 50, Sch 3 [6] [11]. Subst 2021 No 41, Sch 1[10].
18
Accreditation list
18 Accreditation list
18 Accreditation list
(1) The accreditation list must contain the following particulars in relation to each person who is accredited—
(a) the full name and date of birth of the person,
(b) the type or level of accreditation held by the person,
(c) the date on which the person was accredited,
(d) other information required by or under this Act or the regulations to be included on the accreditation list.
(2) The accreditation list must contain the details of a decision by the Authority—
(a) to refuse an application to accredit a person, or
(b) to revoke the accreditation of a person, or
(c) to suspend the accreditation of a person.
(3) The Authority may provide information contained in the accreditation list to the following—
(a) a school or an early childhood education centre,
(b) the person or body responsible for registering or accrediting teachers under the law of another jurisdiction, including outside Australia,
(c) another person or body prescribed by the regulations.
s 18: Am 2008 No 120, Sch 1 [6]; 2013 No 89, Sch 4 [7]; 2014 No 68, Sch 1 [14]. Subst 2021 No 41, Sch 1[11].
Part 4
Accreditation of teachers
Part 4 Accreditation of teachers
Part 4 Accreditation of teachers
Division 1
Professional teaching standards
Division 1 Professional teaching standards
Division 1 Professional teaching standards
19
Minister may approve professional teaching standards
19 Minister may approve professional teaching standards
19 Minister may approve professional teaching standards
(1) The Minister may, from time to time and having regard to the advice of the Authority, approve of professional teaching standards in relation to each of the following levels of accreditation—
(a) provisional accreditation under Division 3,
(b) conditional accreditation under Division 3,
(c) accreditation at proficient teacher level under Division 3 or 5,
(d) accreditation at highly accomplished teacher level under Division 5,
(e) accreditation at lead teacher level under Division 5.
(2) The Authority is to ensure that the professional teaching standards are made available to all teachers.
s 19: Am 2013 No 89, Sch 4 [7]; 2014 No 68, Sch 1 [15]–[18]; 2021 No 41, Sch 1[12].
20
Matters to be dealt with by professional teaching standards
20 Matters to be dealt with by professional teaching standards
20 Matters to be dealt with by professional teaching standards
(1) The professional teaching standards may deal with, and make provision for or with respect to, the following matters—
(a) the skills, qualifications, experience and knowledge required for teaching at each level of accreditation,
(b) the conditions and criteria for continuing accreditation, including requirements in relation to professional development,
(b1) the conditions and criteria relating to an individual’s suitability to teach,
(c) the procedures and guidelines to be followed in relation to the accreditation of persons under this Part, including the suspension or revocation of accreditation,
(d) the approval by the Authority of initial and continuing teacher education courses or programs that are relevant to the accreditation of persons under this Part,
(e) the approval by the Authority of those persons or bodies who may provide professional development,
(f) ethical conduct of teachers,
(g) any other matter relating to teaching standards.
(2) Any procedures or guidelines under the professional teaching standards in relation to the suspension or revocation by the Authority of the accreditation of persons—
(a) must be consistent with the rules of procedural fairness, and
(b) are subject to section 24C.
(3) Any approval by the Authority under the professional teaching standards of a teacher education course or program or of the persons or bodies who may provide professional development—
(a) is subject to such conditions as the Authority thinks fit to impose (including while the approval is in force), and
(b) may be suspended or revoked at any time by the Authority.
s 20: Am 2008 No 120, Sch 1 [7]; 2016 No 50, Sch 3 [12]–[14]; 2021 No 41, Sch 1[13].
Accreditation of teachers at schools and early childhood education centres
21 Accreditation of teachers at schools and early childhood education centres
21 Accreditation of teachers at schools and early childhood education centres
(1) The Authority may, in accordance with this Part—
(a) grant accreditation for the purpose of teaching in a school or early childhood education centre, or
(b) accredit a non-school based teacher or non-centre based teacher, or
(c) grant non-practising accreditation.
(1A) (Repealed)
(2) If a person is accredited under this Part, the person’s accreditation has effect in relation to any school or early childhood education centre, but is subject to revocation by the Authority.
(3) The accreditation of a person under this Part is not restricted to accreditation in relation to a specific area of study, learning or expertise. Accordingly, a person’s accreditation does not, in itself, limit the areas of study or learning in which the person teaches.
s 21: Am 2014 No 68, Sch 1 [19]–[25]; 2016 No 50, Sch 3 [15] [16]; 2021 No 41, Sch 1[14].
22
Applications for accreditation
22 Applications for accreditation
22 Applications for accreditation
(1) A person may apply to the Authority for accreditation under this Part.
(2) An application must—
(a) be in the form approved by the Authority (the approved form), and
(b) be accompanied by other information required by the Authority, and
(c) specify the type of accreditation applied for.
(3) The approved form must include provision for the authorisation by the applicant of, and the consent by the applicant to, the following in connection with the application and at any time while the accreditation is in force—
(a) the conduct of a criminal record check in relation to the applicant,
(b) the disclosure of the applicant’s criminal history and disciplinary history,
(c) other inquiries about the applicant relevant to—
(i) the suitability of the applicant to teach, or
(ii) the type of accreditation for which the applicant has applied.
(4) The regulations may—
(a) prescribe the fee payable for an application and the way in which it must be paid, and
(b) require proof of identity to be provided by an applicant in the way prescribed by the regulations or approved by the Authority.
s 22: Am 2013 No 89, Sch 4 [7]; 2014 No 68, Sch 1 [4] [26]. Subst 2021 No 41, Sch 1[15].
23
Notice of decisions by Authority
23 Notice of decisions by Authority
23 Notice of decisions by Authority
(1) The Authority must give written notice to the applicant of the following—
(a) a decision to grant an accreditation,
(b) a decision to refuse to grant an accreditation,
(c) an assessment the person is not suitable to teach under Division 4.
(2) If the Authority grants an accreditation, the Authority must issue a certificate of accreditation to the person in the form approved by the Authority.
(3) Notice of a decision referred to in subsection (1)(b) or (c) must state the following—
(a) the reasons for the decision,
(b) that the individual may appeal against the decision,
(c) how an application for appeal may be made and the period within which the application must be made.
s 23: Am 2013 No 89, Sch 4 [7]; 2014 No 68, Sch 1 [27]. Subst 2021 No 41, Sch 1[15].
23A
Conditions of accreditation
23A Conditions of accreditation
23A Conditions of accreditation
(1) The accreditation of a person under this Part is subject to such conditions as are imposed by this Act or prescribed by the regulations.
(2) The accreditation of a person under this Part is also subject to such conditions as may be specified in the rules of the Authority.
s 23A: Ins 2014 No 68, Sch 1 [28].
24
Revocation of accreditation
24 Revocation of accreditation
24 Revocation of accreditation
(1) The Authority may revoke the accreditation of a person on any of the following grounds—
(b) the person is found guilty of an offence punishable by imprisonment for 12 months or more,
(c) the person is found guilty of an offence under this Act,
(d) the person is found guilty more than once during the period of 5 years immediately before the revocation of any other type of offence that, in the opinion of the Authority, involves an act or conduct that is of a nature that would reflect adversely on a teacher’s professional standing or integrity or suitability or competence to teach,
(e) the person has—
(i) been dismissed from employment as a teacher (whether on a permanent, temporary, part-time or casual basis) or has resigned from such employment before being dismissed, or
(ii) been included in the list of persons maintained by the Secretary under section 7 (1) (e) of the Teaching Service Act 1980 as a person who is not to be employed in the Teaching Service,
because of any misconduct that, in the opinion of the Authority, is of a nature that would reflect adversely on a teacher’s professional standing or integrity or suitability or competence to teach,
(f) the Authority is satisfied that the person has failed to comply with any condition to which the person’s accreditation is subject,
(g) the Authority is satisfied that the person has failed to comply with any of the requirements of the professional teaching standards that apply to the person,
(h) the Authority has made an assessment the person is not suitable to teach under Division 4.
(2) (Repealed)
s 24: Am 2005 No 108, Sch 2.5. Subst 2008 No 120, Sch 1 [8]. Am 2012 No 51, Sch 4.7. Subst 2014 No 68, Sch 1 [29]. Am 2016 No 50, Sch 3 [17]–[19]; 2021 No 41, Sch 1[16].
24A
Suspension of accreditation
24A Suspension of accreditation
24A Suspension of accreditation
(1) The Authority may suspend the accreditation of a person—
(a) on any ground on which the Authority may revoke the person’s accreditation, or
(b) if disciplinary proceedings against the person are pending in relation to alleged misconduct, or
(c) if proceedings against the person for an offence are pending and, were the person to be found guilty of the offence, the Authority would have grounds to revoke the accreditation.
(2) The Authority must review the Authority’s suspension of a person’s accreditation at least every 3 months and must remove the suspension in the following circumstances—
(a) if the suspension was imposed because of pending disciplinary proceedings and those proceedings have been finalised with no finding that the person has engaged in misconduct,
(b) if the suspension was imposed because of pending proceedings for an offence and the person has been found not guilty of the offence or the proceedings have been withdrawn or dismissed,
(c) if the suspension was imposed on a ground referred to in subsection (1) (b) or (c) and a finding that the person has engaged in misconduct has been made against the person in the relevant disciplinary proceedings, or a finding of guilt has been made against the person in the relevant proceedings for an offence, but the Authority has not taken action to revoke the person’s accreditation within a reasonable period having regard to the circumstances of the case.
(3) (Repealed)
(4) A person’s accreditation is not in force during any period for which it is suspended whether under this or any other section of this Act.
(5) (Repealed)
s 24A: Ins 2008 No 120, Sch 1 [9]. Am 2014 No 68, Sch 1 [30]–[34]; 2016 No 50, Sch 3 [17]–[20].
24B
Criteria for determining revocation or suspension of accreditation on general grounds
24B Criteria for determining revocation or suspension of accreditation on general grounds
24B Criteria for determining revocation or suspension of accreditation on general grounds
The Authority is to take account of the following matters (where appropriate) when determining whether to revoke a person’s accreditation under section 24 or suspend a person’s accreditation under section 24A or 25 (4)—
(a) the nature and seriousness of the conduct concerned,
(b) the frequency of the conduct concerned,
(c) the recency of the conduct concerned,
(d) any other matter that is required to be taken into account by the procedures and guidelines in the professional teaching standards (as referred to in section 20(1)(c)).
s 24B: Ins 2008 No 120, Sch 1 [9]. Am 2014 No 68, Sch 1 [35]; 2016 No 50, Sch 3 [17]; 2020 No 30, Sch 2.38.
24C
Notice to be given of intention to suspend or revoke accreditation
24C Notice to be given of intention to suspend or revoke accreditation
24C Notice to be given of intention to suspend or revoke accreditation
(1) The Authority may suspend or revoke a person’s accreditation only after having served on the person written notice of its intention to suspend or revoke the accreditation setting out its reasons.
(2) The notice must include a statement that the person concerned may make submissions to the Authority in relation to the proposed suspension or revocation within 14 days after the date of the notice.
(3) This section also applies in relation to the suspension by the Authority of a person’s accreditation for failure to pay the annual fee under section 25.
(4) This section does not apply to the suspension or revocation of a person’s accreditation on the following grounds—
s 24C: Ins 2008 No 120, Sch 1 [9]. Am 2014 No 68, Sch 1 [36]; 2016 No 50, Sch 3 [17] [21]; 2021 No 41, Sch 1[17].
24D
Placing accreditation on hold during leave of absence from teaching
24D Placing accreditation on hold during leave of absence from teaching
24D Placing accreditation on hold during leave of absence from teaching
(1) The Authority may, on application by a person who is accredited, place the person’s accreditation on hold during any period that the person takes leave of absence from teaching in New South Wales.
(2) Any such period may not, except in any particular case approved by the Authority, be less than 6 months or more than 5 years.
(3) A person is taken not to be accredited under this Act during a period in which the person’s accreditation is placed on hold.
(3A) During the period—
(a) the person may undertake courses or carry out duties to enable the person to satisfy the requirements of the professional teaching standards relating to professional development and continuing teacher education, and
(b) the Authority may suspend or revoke the person’s accreditation.
(4) The placing of a person’s accreditation on hold under this section also has the effect of suspending the period in which the person is required to satisfy conditions for continuing accreditation under the professional teaching standards.
Note—
See also sections 30 (7) and 31 (6) which provide that any period that a person’s accreditation is placed on hold under this section is to be disregarded when determining the period of a person’s provisional or conditional accreditation.
s 24D: Ins 2014 No 68, Sch 1 [37]. Am 2021 No 41, Sch 1[18].
24E
Voluntary cancellation of accreditation
24E Voluntary cancellation of accreditation
24E Voluntary cancellation of accreditation
The Authority may, on application by a person who is accredited, cancel the person’s accreditation.
s 24E: Ins 2016 No 50, Sch 3 [22].
25
Annual fee
25 Annual fee
25 Annual fee
(1) A person who is accredited under this Part must, in accordance with the regulations, pay an annual fee to the Authority.
(2) The amount of the annual fee is to be prescribed by the regulations.
(3) It is a condition of the person’s accreditation under this Part that the annual fee is paid.
(4) The Authority may suspend the accreditation of a person for failure to pay the annual fee.
(5) The Authority must, before suspending a person’s accreditation for failure to pay the annual fee, give at least 14 days’ notice of its intention to do so to the person’s employer.
s 25: Am 2013 No 89, Sch 4 [7]; 2014 No 68, Sch 1 [38].
25A
Working with children check clearances
25A Working with children check clearances
25A Working with children check clearances
(1) A person must not be accredited under this Part unless the person holds a working with children check clearance under the Child Protection (Working with Children) Act 2012 that authorises the person to engage in paid child-related work.
(2) It is a condition of the accreditation of a person under this Part that the person holds a working with children check clearance under the Child Protection (Working with Children) Act 2012 that authorises the person to engage in paid child-related work.
s 25A: Ins 2014 No 68, Sch 1 [39]. Subst 2021 No 41, Sch 1[19].
26
False information and representation
26 False information and representation
26 False information and representation
(1) A person must not, in an application for accreditation under this Part, provide any information that the person knows is false or misleading in a material particular.
(2) A person must not make any representation to the effect that the person is accredited at any level of accreditation unless the person is for the time being accredited at that level.
Maximum penalty—50 penalty units.
27
Administrative review of certain decisions
27 Administrative review of certain decisions
27 Administrative review of certain decisions
(1) A person may apply to the Civil and Administrative Tribunal for an administrative review under the Administrative Decisions Review Act 1997 of the following decisions—
(a) the refusal or failure by the Authority to accredit the person under this Part,
(b) the revocation or suspension of the person’s accreditation by the Authority under this Part,
(c) the refusal or failure of the Authority to approve—
(i) a teacher education course or program for the purposes of this Act, or
(ii) a person or body to provide professional development in accordance with the requirements of the professional teaching standards,
(d) the revocation or suspension of any such approval by the Authority.
(2) A decision of a kind referred to in subsection (1) is not reviewable by any other court or tribunal (including in any proceedings in the nature of disciplinary proceedings or in any proceedings for unfair dismissal).
s 27: Am 2008 No 120, Sch 1 [10]; 2013 No 95, Sch 2.84; 2014 No 68, Sch 1 [40]; 2016 No 50, Sch 3 [16] [23] [24]; 2021 No 41, Sch 1[20].
Division 3
Mandatory accreditation
Division 3 Mandatory accreditation
Division 3 Mandatory accreditation
pt 4, div 3: Subst 2014 No 68, Sch 1 [41].
pt 4, div 3, note: Rep 2014 No 68, Sch 1 [41].
28
Requirement for teachers to be accredited
28 Requirement for teachers to be accredited
28 Requirement for teachers to be accredited
(1) A person must not teach in a school or early childhood education centre unless the person is accredited.
Maximum penalty—100 penalty units.
(2) A person must not employ another person to teach in a school or early childhood education centre unless the other person—
(a) is accredited, and
(b) if conditionally accredited under section 31—is working under the supervision of a teacher who is not provisionally or conditionally accredited.
Maximum penalty—100 penalty units.
(3), (4) (Repealed)
s 28: Am 2008 No 120, Sch 1 [11]–[13]. Subst 2014 No 68, Sch 1 [41]. Am 2021 No 41, Sch 1[21] [22].
29
Provisions relating to employment
29 Provisions relating to employment
29 Provisions relating to employment
(1) The employment of a person as a teacher may be terminated by the person’s employer if the person’s accreditation is revoked under this Act.
(2) A person who is required to be accredited may be suspended from employment as a teacher by the person’s employer during any period in which the person’s accreditation is suspended.
(3) A person who is suspended from employment as a teacher under this section for any period is, for the purposes of section 28 (2), taken not to be employed as a teacher during that period.
(4) Nothing in this Act requires an employer who terminates or suspends the employment of a person as a teacher in accordance with this Act to provide alternative employment to the person.
(5) This section does not apply in relation to a person who is employed as a teacher in a government school.
Note—
The Secretary may, under section 77 of the Teaching Service Act 1980, suspend or terminate a person’s employment in the Teaching Service if the person’s accreditation is suspended or revoked.
s 29: Am 2008 No 120, Sch 1 [14]. Subst 2014 No 68, Sch 1 [41]. Am 2018 No 3, Sch 3 [1] [2].
30
Provisional accreditation
30 Provisional accreditation
30 Provisional accreditation
(1) The Authority may, on application by a person who is required to be accredited—
(a) provisionally accredit the person, or
(b) refuse to provisionally accredit the person.
(2) The Authority may provisionally accredit a person if the Authority is satisfied that—
(a) the person meets the requirements specified in the professional teaching standards for provisional accreditation, and
(b) the person has completed an approved course and will receive a qualification in relation to that course.
(3) In the case of a person referred to in subsection (2) (b), it is a condition of a person’s provisional accreditation that the person provides the Authority with evidence of the person’s qualification as soon as practicable after receiving his or her qualification in relation to the approved course.
(4) The Authority may also provisionally accredit a person who is conditionally accredited if the person—
(a) has completed an approved course, and
(b) has provided the Authority with evidence of that completion.
(5) The provisional accreditation of a person ceases (unless sooner revoked under this Act)—
(a) at the end of the relevant period, or
(b) if the person is accredited at proficient teacher level before the end of the relevant period.
(6) In this section—
relevant period, in relation to a person who is provisionally accredited under this section, means—
(a) if the person is employed on a full-time basis—the period of 3 years (or such longer period as may be determined by the Authority in any particular case) following the date on which the person was provisionally accredited, or
(b) if the person is employed on a casual or part-time basis—
(i) the period determined in accordance with the regulations to be commensurate with the 3-year period for persons employed on a full-time basis, or
(ii) such longer period as may be determined by the Authority in any particular case,
following the date on which the person was provisionally accredited.
(7) However, any period during which a person’s accreditation is placed on hold under section 24D is to be disregarded for the purposes of determining the relevant period for a person.
s 30: Subst 2014 No 68, Sch 1 [41]. Am 2021 No 41, Sch 1[23] [24].
31
Conditional accreditation
31 Conditional accreditation
31 Conditional accreditation
(1) This section applies to a person who is required to be accredited and who meets the requirements specified in the professional teaching standards for provisional accreditation but who has not completed an approved course.
(2) The Authority may, on application by a person to whom this section applies—
(a) conditionally accredit the person, or
(b) refuse to conditionally accredit the person.
(3) The Authority may conditionally accredit a person only if—
(a) the person—
(i) holds a degree in an area that, in the opinion of the Authority, is relevant to the area in which the person is or is to be employed to teach, and
(ii) produces evidence of an offer of employment as a teacher, or
(b) the Authority is satisfied that the person has completed a substantial part of an approved course.
(4) The conditional accreditation of a person under this section ceases (unless sooner revoked under this Act)—
(a) at the end of the relevant period, or
(b) if the person is provisionally accredited by the Authority before the end of the relevant period, or
(c) if the person is accredited at proficient teacher level before the end of the relevant period.
(5) In this section—
relevant period, in relation to a person who is conditionally accredited under this section, means—
(a) if the person is employed on a full-time basis—the period of 4 years (or such longer period as may be determined by the Authority in any particular case) following the date on which the person was conditionally accredited, or
(b) if the person is employed on a casual or part-time basis—
(i) the period determined in accordance with the regulations to be commensurate with the 4-year period for persons employed on a full-time basis, or
(ii) such longer period as may be determined by the Authority in any particular case,
following the date on which the person was conditionally accredited.
(6) However, any period during which a person’s accreditation is placed on hold under section 24D is to be disregarded for the purposes of determining the relevant period for a person.
s 31: Am 2013 No 89, Sch 4 [7]. Subst 2014 No 68, Sch 1 [41]. Am 2021 No 41, Sch 1[24].
32
Accreditation of teachers at proficient teacher level
32 Accreditation of teachers at proficient teacher level
32 Accreditation of teachers at proficient teacher level
(1) The Authority may, on application by a person who is required to be accredited, accredit the person at proficient teacher level if—
(a) the person—
(i) is provisionally accredited under section 30, or
(ii) is conditionally accredited under section 31 and has completed an approved course, or
(iii) satisfies the requirements for accreditation prescribed by the regulations or specified in the rules of the Authority, and
(b) the Authority is satisfied the person meets the requirements for accreditation at proficient teacher level.
(2) The Authority may refuse an application to accredit a person at proficient teacher level.
(3) A decision by the Authority to accredit a person at proficient teacher level has no effect unless the person has completed an approved course.
(4) A person who is accredited at proficient teacher level may for any purpose be referred to as a person who is fully accredited.
Note—
Under transitional arrangements referred to in Schedule 3, persons formerly referred to in this Act as “transition scheme teachers” may also be accredited at proficient teacher level.
s 32: Subst 2014 No 68, Sch 1 [41]. Am 2021 No 41, Sch 1[24] [25].
33
Provisional re-accreditation
33 Provisional re-accreditation
33 Provisional re-accreditation
(1) This section applies to a person—
(a) whose accreditation at proficient teacher level has been revoked on the grounds that the person has failed to comply with the continuing accreditation requirements under the professional teaching standards, or
(b) whose provisional accreditation or provisional re-accreditation has ceased because the person has failed to be accredited at proficient teacher level, or
(c) whose accreditation at any level has been revoked on any of the grounds referred to in section 24 (1) (b)–(g).
(2) The Authority may, on application by a person to whom this section applies—
(a) provisionally re-accredit the person, or
(b) refuse to provisionally re-accredit the person.
(3) The Authority may determine the criteria for provisional re-accreditation and the conditions to which a person’s provisional re-accreditation is subject.
(4) The provisional re-accreditation of a person ceases (unless sooner revoked)—
(a) at the end of the period determined by the Authority as the person’s provisional re-accreditation period, or
(b) if the person is accredited at proficient teacher level before the end of that period.
(5) A reference in any other provision of this Act to provisional accreditation includes a reference to provisional re-accreditation under this section.
s 33: Subst 2014 No 68, Sch 1 [41]. Am 2021 No 41, Sch 1[24] [26].
Division 4
Assessment of suitability to teach
Division 4 Assessment of suitability to teach
Division 4 Assessment of suitability to teach
pt 4, div 4: Rep 2014 No 68, Sch 1 [42]. Ins 2021 No 41, Sch 1[27].
34
Definition
34 Definition
34 Definition
In this Division—
assessment of suitability—see section 35.
s 34: Am 2008 No 120, Sch 1 [15]. Rep 2014 No 68, Sch 1 [42]. Ins 2021 No 41, Sch 1[27].
35
When Authority may assess suitability to teach
35 When Authority may assess suitability to teach
35 When Authority may assess suitability to teach
The Authority may carry out an assessment of a person’s suitability to teach (an assessment of suitability)—
(a) if the person applies for accreditation under this Part, or
(b) periodically, as required by the rules of the Authority, or
(c) if a complainant makes a relevant complaint to the Authority about the person, or
(d) if the person is the subject of disciplinary proceedings commenced by a school or centre, or
(e) if the person is the subject of criminal proceedings that, in the Authority’s opinion, relate to an act or conduct that reflects adversely on a teacher’s—
(i) professional standing or integrity, or
(ii) suitability or competence to teach, or
(f) on the basis of a ground on which the Authority may revoke the person’s accreditation.
s 35: Am 2008 No 120, Sch 1 [16]. Rep 2014 No 68, Sch 1 [42]. Ins 2021 No 41, Sch 1[27].
36
Power to check criminal and disciplinary history
36 Power to check criminal and disciplinary history
36 Power to check criminal and disciplinary history
(1) In carrying out an assessment of suitability, the Authority must check the individual’s criminal and disciplinary history.
(2) For the purpose of checking an individual’s criminal and disciplinary history, the Authority may obtain a written report about the criminal and disciplinary history of the individual from the following—
(a) the Commissioner of Police,
(b) the Children’s Guardian,
(c) the employer or a former employer of the individual,
(d) another person, body or organisation in the State, another State or Territory or the Commonwealth, or outside Australia, that has access to records about the criminal or disciplinary history of the individual.
ss 36–38: Rep 2014 No 68, Sch 1 [42]. Ins 2021 No 41, Sch 1[27].
37
Authority’s other powers
37 Authority’s other powers
37 Authority’s other powers
(1) In carrying out an assessment of suitability, the Authority may, by written notice given to the individual, require the individual to do 1 or more of the following within a reasonable time stated in the notice—
(a) give the Authority further information or a document the Authority reasonably requires to assess the individual’s suitability to teach,
(b) if the Authority is unable to obtain the criminal or disciplinary history of the person from another jurisdiction, including outside Australia—make a statutory declaration setting out the individual’s criminal or disciplinary history in the jurisdiction,
(c) undergo a health assessment at a reasonable place.
(2) If the individual has applied for accreditation under this Part, the Authority may reject the application if the individual does not comply with the notice.
(3) Information obtained under this section must not be used as evidence in civil or criminal proceedings against the person.
ss 36–38: Rep 2014 No 68, Sch 1 [42]. Ins 2021 No 41, Sch 1[27].
38
Authority may refer matter for further investigation
38 Authority may refer matter for further investigation
38 Authority may refer matter for further investigation
(1) The Authority may, at any time, refer a matter relevant to an assessment of suitability to an appropriate entity for further investigation.
(2) An appropriate entity to whom a matter is referred must provide the Authority with a report setting out the findings of the investigation.
(3) In this section—
appropriate entity includes the following—
(a) the Children’s Guardian,
(b) a law enforcement agency,
(c) the employer of the person being assessed,
(d) another person, body or organisation empowered by a law of the State or of another State or Territory or the Commonwealth to take investigatory, disciplinary or other action.
ss 36–38: Rep 2014 No 68, Sch 1 [42]. Ins 2021 No 41, Sch 1[27].
38A
Unsuitability to teach
38A Unsuitability to teach
38A Unsuitability to teach
(1) The Authority may, after carrying out an assessment, decide an individual is not suitable for teaching if—
(a) considering the person’s criminal and disciplinary history, the individual is not, in the Authority’s opinion, a suitable person to teach, or
(b) the individual fails to meet a standard in the professional teaching standards in relation to the individual’s suitability to teach, or
(c) in the Authority’s opinion, the individual is for another reason—
(i) not a fit and proper person to teach, or
(ii) unable to teach competently.
(2) Despite another provision of this Act, if the Authority decides the individual is not suitable for teaching, the Authority—
(a) if the individual has applied for accreditation under this Part—must refuse to accredit the individual, or
(b) if the individual holds an accreditation granted under this Part—may do 1 or more of the following—
(i) impose conditions on the accreditation as considered appropriate by the Authority in the circumstances,
(ii) suspend the accreditation,
(iii) revoke the accreditation.
s 38A: Ins 2021 No 41, Sch 1[27].
Division 5
Voluntary accreditation
Division 5 Voluntary accreditation
Division 5 Voluntary accreditation
38B
Non-practising accreditation
38B Non-practising accreditation
38B Non-practising accreditation
(1) The Authority may, on application by a person who is not required to be accredited, accredit the person at non-practising level if the person—
(a) satisfies the requirements for accreditation at non-practising level prescribed by the regulations or specified in the rules of the Authority, and
(b) does not intend to undertake the duties of a teacher in a school or early childhood education centre.
(2) The Authority may refuse an application to accredit a person at non-practising level.
s 38B: Ins 2021 No 41, Sch 1[28].
39
Voluntary accreditation of teachers at various levels
39 Voluntary accreditation of teachers at various levels
39 Voluntary accreditation of teachers at various levels
(1) This section applies to any person who is a teacher but who is not required to be accredited under this Act.
Note—
The accreditation of a person under this section may be revoked under section 24.
(2) The Authority may, on application by a person to whom this section applies—
(a) accredit the person at any one or more of the following levels—
(i) proficient teacher level,
(ii) highly accomplished teacher level,
(iii) lead teacher level, or
(b) refuse to accredit the person at any such level.
(3) A person may be accredited at more than one such level at any one time.
(4) The Authority may not accredit a person to whom this section applies at the level of accreditation in respect of which the application is made unless the Authority is satisfied that the person meets the requirements for accreditation at that particular level.
(5) (Repealed)
(6) The revocation of a person’s accreditation at proficient teacher level under this section operates to revoke the person’s accreditation (if any) at highly accomplished teacher level or lead teacher level, or both, under this section.
s 39: Am 2014 No 68, Sch 1 [17] [18] [43]–[45]; 2021 No 41, Sch 1[29] [30].
40
Voluntary accreditation of teachers at higher levels
40 Voluntary accreditation of teachers at higher levels
40 Voluntary accreditation of teachers at higher levels
(1) This section applies to any person who is accredited at proficient teacher level.
Note—
The accreditation of a person under this section may be revoked under section 24.
(2) The Authority may, on application by a person to whom this section applies—
(a) accredit the person at either or both of the following levels—
(i) highly accomplished teacher level,
(ii) lead teacher level, or
(b) refuse to accredit the person at any such level.
(3) The Authority may not accredit a person under this section at the level of accreditation in respect of which the application is made unless the Authority is satisfied that the person meets the requirements for accreditation at that particular level.
(4) (Repealed)
(5) The revocation of a person’s accreditation at proficient teacher level under Division 3 operates to revoke the person’s accreditation (if any) at highly accomplished teacher level or lead teacher level, or both, under this section.
s 40: Am 2014 No 68, Sch 1 [15] [17] [18] [44] [46] [47]; 2021 No 41, Sch 1[24] [29] [30].
40A
40A
40A, 41 (Repealed)
Part 5
Miscellaneous
Part 5 Miscellaneous
Part 5 Miscellaneous
42
42
42 (Repealed)
42A
Payment of suspended teachers
42A Payment of suspended teachers
42A Payment of suspended teachers
(1) A person may be suspended without pay in relation to his or her employment as a teacher for any period or part of a period during which that employment is required to be suspended under section 29 as a result of the suspension of the person’s accreditation for a failure to comply with any condition to which the person’s accreditation is subject.
(2) Any amount payable to a person in relation to his or her employment as a teacher in a government school—
(a) may only be withheld under this section if the Secretary so directs, and
(b) if so withheld, is forfeited to the State unless the Secretary otherwise directs.
s 42A: Ins 2008 No 120, Sch 1 [17]. Am 2014 No 68, Sch 1 [4] [49].
42B
Mandatory notifications by employers
42B Mandatory notifications by employers
42B Mandatory notifications by employers
(1) An employer of an accredited person who makes a relevant decision in relation to the person must—
(a) notify the Authority of the decision, and
(b) give the Authority all information that is or may be relevant to the decision.
Maximum penalty—50 penalty units.
(2) A relevant decision, in relation to an accredited person, means a decision to—
(a) start or finalise disciplinary proceedings against the person in relation to alleged misconduct while employed as a teacher, or
(b) dismiss the person from employment as a teacher for a reason for which the accreditation of a person may be revoked under this Act, or
(c) include the person in the list of persons maintained by the Secretary under the Teaching Service Act 1980, section 7(1)(e) as a person who is not to be employed in the Teaching Service.
(3) An employer of an accredited person must notify the Authority, in accordance with subsection (4), if the employer has, or is aware of, information that is or may be relevant to the grounds for which the person’s accreditation may be suspended or revoked by the Authority.
Maximum penalty—50 penalty units.
(4) Notification must be given in accordance with the rules of the Authority.
s 42B: Ins 2014 No 68, Sch 1 [50]. Am 2016 No 50, Sch 3 [25]. Subst 2021 No 41, Sch 1[31].
43
43
43, 44 (Repealed)
45
Delegations
45 Delegations
45 Delegations
(1) An office holder may delegate to any person any function conferred or imposed on the office holder by or under this Act, other than this power of delegation.
office holder means the Minister or the Secretary.
s 45: Am 2013 No 89, Sch 4 [17] [18]; 2014 No 68, Sch 1 [4]; 2016 No 50, Sch 3 [26].
46
Act to bind Crown
46 Act to bind Crown
46 Act to bind Crown
(1) This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
(2) However, nothing in this Act renders the Crown liable to prosecution for an offence.
47
Relationship of Act with other instruments
47 Relationship of Act with other instruments
47 Relationship of Act with other instruments
(1) The provisions of this Act and the regulations have effect despite any stipulation to the contrary.
(2) No contract, agreement or industrial instrument operates to annul, vary or exclude any of the provisions of this Act or the regulations.
s 47: Am 2008 No 120, Sch 1 [19].
48
48
48 (Repealed)
49
Nature of proceedings for offences
49 Nature of proceedings for offences
49 Nature of proceedings for offences
Proceedings for an offence under this Act or the regulations may be dealt with summarily before the Local Court.
s 49: Am 2007 No 94, Sch 2.
50
Recovery of money
50 Recovery of money
50 Recovery of money
Any fee or charge due and payable under this Act may be recovered as a debt in a court of competent jurisdiction.
s 50: Am 2008 No 120, Sch 1 [20].
51
51
51, 51A (Repealed)
52
Regulations
52 Regulations
52 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(1A) In particular, the regulations may make provision for or with respect to the following—
(a) fees and charges for services provided under this Act, including prescribing the basis on which any such fee or charge is to be determined and the waiver of any such fee or charge,
(b) without limiting paragraph (a), fees and charges in relation to the approval by the Authority, on application, of teacher education courses and programs for the purposes of this Act or of persons or bodies to provide professional development in accordance with the professional teaching standards,
(c) the requirements for accreditation of teachers of a specified class or in specified circumstances.
(2) The regulations may exempt any specified class of persons from any provision of this Act or the regulations. The exemption of any such class of person is subject to such conditions as may be prescribed by the regulations.
(3) The regulations may create an offence punishable by a penalty not exceeding 50 penalty units.
s 52: Am 2008 No 120, Sch 1 [22]; 2013 No 89, Sch 4 [7]; 2014 No 68, Sch 1 [51]; 2016 No 50, Sch 3 [28].
53
Savings and transitional provisions
53 Savings and transitional provisions
53 Savings and transitional provisions
Schedule 3 has effect.
54
54
54 (Repealed)
55
Review of Act
55 Review of Act
55 Review of Act
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2) A review is to be undertaken as soon as possible after the period of 3 years from the date of commencement of this Act.
(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 3 years.
(4) A further review is to be undertaken as soon as possible after the period of 5 years from the date of assent to the Institute of Teachers Amendment Act 2008.
(5) A report on the outcome of the further review is to be tabled within 12 months after the end of that period of 5 years.
s 55: Am 2008 No 120, Sch 1 [23] [24].
Schedule 1
Schedule 1
Schedules 1, 2 (Repealed)
sch 1: Rep 2013 No 89, Sch 4 [20].
sch 2: Am 2013 No 89, Sch 4 [7] [21]; 2014 No 68, Sch 1 [52]–[54]; 2016 No 50, Sch 3 [29]–[38]. Rep 2021 No 41, Sch 1[22].
Schedule 3
Savings and transitional provisions
Schedule 3 Savings and transitional provisions
Schedule 3 Savings and transitional provisions
(Section 53)
sch 3: Am 2008 No 120, Sch 1 [25] [26]; 2014 No 68, Sch 1 [55] [56]; 2016 No 50, Sch 3 [39]; 2021 No 41, Sch 1[32].
9
Existing accreditation of transition scheme teachers
9 Existing accreditation of transition scheme teachers
9 Existing accreditation of transition scheme teachers
(1) Any accreditation by a teacher accreditation authority under section 37 that was in force immediately before the repeal of that section by the amending Act is, on that repeal, taken to be an accreditation by the authority at proficient teacher level under section 32 (as inserted by the amending Act).
(2) Division 4 of Part 4 of this Act continues, despite its repeal by the amending Act, to apply in relation to those persons whose conditional accreditation by a teacher accreditation authority under that Division was still in force immediately before that repeal.
10
Change in terminology relating to levels of accreditation
10 Change in terminology relating to levels of accreditation
10 Change in terminology relating to levels of accreditation
(1) A person who, immediately before the commencement of this clause, was accredited under this Act at professional competence level is, on that commencement, taken to have been accredited at proficient teacher level.
(2) A person who, immediately before the commencement of this clause, was accredited under this Act at professional accomplishment level is, on that commencement, taken to have been accredited at highly accomplished teacher level.
(3) A person who, immediately before the commencement of this clause, was accredited under this Act at professional leadership level is, on that commencement, taken to have been accredited at lead teacher level.
11
Existing early childhood education centre teachers
11 Existing early childhood education centre teachers
11 Existing early childhood education centre teachers
A person who was employed as a teacher in an early childhood education centre immediately before the date appointed by proclamation for the purposes of section 28 (4) (as inserted by the amending Act) is taken to have been accredited at proficient teacher level.
12
Existing approvals by Minister
12 Existing approvals by Minister
12 Existing approvals by Minister
Any approval by the Minister of an initial or continuing teacher education course or program for the purposes of this Act or of any person or body to provide professional development in accordance with the professional teaching standards, being an approval in force immediately before the commencement of this clause, is taken to be an approval by the Authority.
13
Abolition of Quality Teaching Council
13 Abolition of Quality Teaching Council
13 Abolition of Quality Teaching Council
(1) The Quality Teaching Council (as established under Division 4 of Part 2 of this Act immediately before the substitution of that Division by the Education and Teaching Legislation Amendment Act 2016) is abolished.
(2) Each member of the Quality Teaching Council ceases to hold office as a member and is not entitled to any remuneration or compensation because of the loss of that office.
14
Interim elected members of QTC
14 Interim elected members of QTC
14 Interim elected members of QTC
Until such time as members of the QTC are elected in accordance with section 13 (1) (a) (as substituted by the Education and Teaching Legislation Amendment Act 2016), the elected members of the QTC are to consist of those former elected members of the Quality Teaching Council as are determined by or in accordance with the regulations.
Part 6
Provisions consequent on enactment of Teacher Accreditation Amendment Act 2021
Part 6 Provisions consequent on enactment of Teacher Accreditation Amendment Act 2021
pre-amended Act means the Teacher Accreditation Act 2004 as in force immediately before the commencement of the amending Act.
teacher accreditation authority has the same meaning as in the pre-amended Act.
Schedule 4
Schedule 4
Schedule 4 (Repealed)
sch 4: Rep 2006 No 58, Sch 4.
Source text: opening excerpt
Sourced from legislation.nsw.gov.au, CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
Part 1 Preliminary
1 Name of Act
1 Name of Act
1 Name of Act
This Act is the Teacher Accreditation Act 2004.
s 1: Am 2013 No 89, Sch 4 [2].
2 Commencement
2 Commencement
2 Commencement
This Act commences on a day or days to be appointed by proclamation.
3 Definitions
3 Definitions
3 Definitions
(1) In this Act—
accreditation means accreditation under Part 4, and includes provisional accreditation or conditional accreditation under that Part.
accredited means accredited for the time being under Part 4, and includes provisionally accredited or conditionally accredited under that Part.
approved course means an initial teacher education course or program approved by the Minister in accordance with the professional teaching standards.
Authority means the NSW Education Standards Authority constituted under the Education Standards Authority Act 2013.
Children’s Guardian means the Children’s Guardian appointed under the Children’s Guardian Act 2019, section 115.
degree means a degree that meets the specifications under the Australian Qualifications Framework.
dismiss includes—
(a) in the case of a teacher who is appointed on probation—the annulment of that appointment, or
(b) in the case of a teacher employed on a casual basis—dispensing with the services of the teacher.
early childhood education centre or centre means the following, but does not include a family day care service or an out-of-school hours or vacation care service—
(a) an approved education and care service within the meaning of the Children (Education and Care Services) National Law (NSW) or the Children (Education and Care Services) Supplementary Provisions Act 2011,
(b) a service or facility of a class declared by the regulations to be an early childhood education centre.
employ includes engage or appoint.
Part 3 requires the Authority to maintain a roll of teachers comprising a public register (s 17) and an accreditation list (s 18). The public register, published on the Authority's website, must include an accredited person's full name, accreditation number, and level of accreditation. The accreditation list holds more sensitive data, including date of birth, accreditation dates, and records of refusals, suspensions or revocations, which may be shared with schools, centres, or interstate regulators (s 18(3)).
Part 4 is the substantive heart of the statute. Division 1 empowers the Minister to approve professional teaching standards (s 19) that address qualifications, experience, continuing professional development, ethical conduct, and suitability criteria (s 20). Division 2 sets general accreditation rules: applications must be in approved form and may require consent to criminal and disciplinary checks (s 22(3)); decisions must be notified with reasons and appeal rights (s 23); accreditation is subject to statutory and rule-based conditions (s 23A); and the Authority may revoke or suspend accreditation on grounds ranging from disqualification under child protection laws to repeated offences or failure to meet standards (ss 24, 24A). Procedural safeguards include mandatory notice and submission opportunities (s 24C), criteria for assessing seriousness, frequency and recency of conduct (s 24B), and mechanisms to place accreditation on hold during leave (s 24D) or cancel it voluntarily (s 24E). An annual fee is required (s 25), and a valid working with children check clearance is both a prerequisite and ongoing condition of accreditation (s 25A, as substituted in 2021).
Division 3 imposes mandatory accreditation. Section 28 prohibits teaching without accreditation (maximum penalty 100 penalty units) and prohibits employers from engaging non-accredited persons (same penalty), subject to supervision requirements for conditionally accredited teachers. Provisional accreditation is available to those who have completed (or will shortly complete) an approved course and meet standards (s 30). Conditional accreditation is a temporary pathway for those who hold a relevant degree but have not yet finished an approved course (s 31). Progression to proficient teacher level (often called "full accreditation") requires meeting the relevant professional standards (s 32). Provisional re-accreditation is available in cases of prior revocation or failure to progress (s 33).
Division 4 (inserted in 2021) empowers the Authority to conduct assessments of suitability to teach (s 35). This may occur on application, periodically, following a "relevant complaint" (defined in s 3(1) as allegations of misconduct, incompetence or non-compliance with standards), or where criminal or disciplinary proceedings are on foot. The Authority must check criminal and disciplinary history (s 36), may require further information, statutory declarations or health assessments (s 37), and can refer matters to entities such as the Children's Guardian or law enforcement (s 38). If the Authority determines the person is not suitable—having regard to criminal history, failure to meet standards, or lack of fitness and propriety—it must refuse accreditation or may impose conditions, suspend or revoke it (s 38A).
Division 5 provides for voluntary accreditation. Non-practising accreditation is available to those not intending to teach (s 38B). Teachers not otherwise required to be accredited may seek proficient, highly accomplished or lead teacher accreditation (s 39), while those already at proficient level may apply for the higher voluntary levels (s 40).
Part 5 contains miscellaneous provisions, including employer obligations to notify the Authority of disciplinary decisions or relevant information (s 42B, as substituted in 2021), offence provisions for false statements or misrepresentations (s 26, maximum 50 penalty units), rights to administrative review by the Civil and Administrative Tribunal (s 27), and regulation-making powers (s 52). The Act binds the Crown (s 46) and prevails over contrary contracts or industrial instruments (s 47).
Schedule 3 contains extensive savings and transitional provisions that have been updated after each major amending Act to preserve existing accreditations, recognise prior decisions of former teacher accreditation authorities, and map old terminology (e.g. "professional competence level") onto the current five-level structure.
In essence, the Act operates as both a gatekeeping and quality-assurance mechanism, linking initial qualification, ongoing professional development, character suitability, and child-protection imperatives into a single accreditation lifecycle.
Who it affects
The Act primarily affects three groups: (1) individuals who wish to teach or who currently teach; (2) employers of teachers; and (3) the regulatory bodies tasked with administration.
Individuals captured by the definition of "teach" in s 3A must be accredited. This includes classroom teachers in government or non-government schools (as defined by cross-reference to the Education Act 1990), teachers in approved education and care services or declared early childhood education centres (expressly excluding family day care and out-of-school-hours care), school counsellors who are not teaching, and certain non-school based or non-centre based teachers performing curriculum, wellbeing, lecturing or consultancy roles after having taught for a prescribed period (s 3(1)). Provisional, conditional and proficient pathways are mandatory for those required to teach (Division 3). Voluntary accreditation at higher levels or non-practising level is available to practising teachers not otherwise required to be accredited (ss 38B, 39, 40) and to non-practising teachers.
Employers—defined broadly to include engagement or appointment (s 3(1))—face positive obligations under s 28(2). They must not employ a non-accredited person and, in the case of a conditionally accredited teacher, must ensure supervision by a fully accredited teacher. Government school employers are partially exempted from some employment-termination provisions (s 29(5)), but the Secretary retains parallel powers under the Teaching Service Act 1980. All employers must notify the Authority of relevant disciplinary decisions or information that could ground suspension or revocation (s 42B), with a maximum penalty of 50 penalty units for non-compliance.
The Authority (constituted under the Education Standards Authority Act 2013) is the central administrator. Its functions are enumerated in s 6 and include advice to the Minister, monitoring, assessment of suitability, accreditation decisions, and information sharing (s 7). The Minister approves professional teaching standards (s 19) and retains residual policy oversight. The Children's Guardian, Commissioner of Police, schools, centres, and interstate regulators are "relevant entities" for information sharing (s 7(1)). Applicants and accredited persons are subject to ongoing obligations to provide accurate information (s 26), pay annual fees (s 25), maintain working with children check clearances (s 25A), and comply with professional teaching standards.
Non-teaching school counsellors, lecturers, educational consultants and persons on leave of absence are also within scope through the extended definitions and the hold mechanism in s 24D. Persons subject to interim bars or cancelled clearances under the Child Protection (Working with Children) Act 2012 are automatically excluded (ss 24(1)(a), 24C(4), 25A). The Act does not apply to persons teaching outside the defined categories, nor does it affect mutual recognition under Commonwealth legislation (s 5).
Key duties and rights
Teachers and applicants owe duties to apply honestly (s 22(3) requires consent to criminal and disciplinary checks; s 26 prohibits false or misleading information, 50 penalty units), maintain working with children check clearance (s 25A), pay the annual fee (s 25(3) makes this a condition of accreditation), undertake professional development as required by the professional teaching standards (s 20(1)(b)), and comply with ethical conduct standards (s 20(1)(f)). Accredited persons must satisfy continuing accreditation conditions or risk revocation (s 24(1)(g)). Employers must verify accreditation before engagement (s 28(2)), supervise conditionally accredited teachers, and report disciplinary action or relevant information to the Authority (s 42B).
The Authority's duties include maintaining the roll (s 16), publishing the public register (s 17), giving written notice of decisions with reasons and appeal rights (s 23), observing procedural fairness before suspension or revocation (s 24C(1)–(2)), reviewing suspensions every three months (s 24A(2)), and applying the child-protection paramountcy principle (s 4). When assessing suitability, the Authority must check criminal and disciplinary history (s 36(1)) and may only use obtained information for the authorised purpose (s 7).
Rights include the entitlement to apply for any level of accreditation (ss 22, 30, 31, 32, 38B, 39, 40), to make submissions before suspension or revocation (s 24C(2)), to seek administrative review in the Civil and Administrative Tribunal of refusals, revocations, suspensions, and certain approval decisions (s 27(1)), and to have accreditation placed on hold during approved leave (s 24D). A person may also seek voluntary cancellation (s 24E). Accredited persons enjoy the right to be recognised as proficient, highly accomplished or lead teachers once the relevant standards are met, and non-practising teachers may maintain accreditation without current teaching duties (s 38B).
Penalties and enforcement
The Act creates three principal offences. Section 28(1) prohibits teaching without accreditation (100 penalty units). Section 28(2) prohibits employing a non-accredited person or an unsupervised conditionally accredited person (100 penalty units). Section 26 prohibits false or misleading statements in applications or false representations of accreditation status (50 penalty units). Failure to pay the annual fee triggers suspension rather than a direct offence (s 25(4)). Employer notification failures under s 42B attract 50 penalty units.
Enforcement is primarily administrative. The Authority may suspend or revoke accreditation on 12 enumerated grounds in s 24(1), including disqualification under child protection legislation, offences punishable by 12 months or more imprisonment, repeated offences reflecting adversely on professional standing, dismissal for misconduct, failure to comply with conditions or standards, or an adverse suitability assessment (s 38A). Suspension is available on the same grounds, pending disciplinary or criminal proceedings, or for non-payment of fees (s 24A). Criteria in s 24B require regard to nature, seriousness, frequency, recency of conduct, and any professional teaching standards guidelines. Notice and submission rights are mandatory except for interim bars or cancelled clearances (s 24C(4)).
Proceedings for offences are summary before the Local Court (s 49). Administrative review by the Tribunal is the exclusive external review avenue; no other court or tribunal may review these decisions, including in unfair dismissal or disciplinary contexts (s 27(2)). Employers may terminate or suspend employment upon revocation or suspension (s 29), subject to exceptions for government school teachers who fall under the Teaching Service Act 1980. The Authority may recover fees as debts (s 50). Information-sharing powers (s 7) support enforcement by enabling real-time verification of criminal history and clearance status.
How it interacts with other laws
The Act is expressly linked to a web of Commonwealth and State legislation. Section 5 preserves the operation of the Mutual Recognition Act 1992 (Cth) and Trans-Tasman Mutual Recognition Act 1997 (Cth), allowing teachers accredited interstate or in New Zealand to seek recognition. The paramountcy principle in s 4 mirrors language in the Children and Young Persons (Care and Protection) Act 1998 and the Child Protection (Working with Children) Act 2012.
Working with children check clearance is both a precondition and condition of accreditation (s 25A). Revocation is mandatory if a person becomes a disqualified person under that Act (s 24(1)(a)), and interim bars or cancellations trigger immediate suspension or revocation without notice (s 24C(4)). Clearance history forms part of "relevant information" that may be shared or considered in suitability assessments (s 7(2), s 35).
Cross-references to the Education Act 1990 appear in the definitions of "teach", "school", "government school" and "non-government school", and in the curriculum delivery elements of s 3A(1)(a). The Education Standards Authority Act 2013 constitutes the Authority, empowers rule-making (s 3(1) definition of "rules of the Authority"), and contains the general delegation power noted in s 45.
The Children (Education and Care Services) National Law (NSW) and Supplementary Provisions Act 2011 define "early childhood education centre". The Teaching Service Act 1980 is engaged for government school teachers: s 29(5) exempts them from certain employment consequences, while the Secretary's list under s 7(1)(e) of that Act triggers revocation here (s 24(1)(e)(ii)). Disciplinary proceedings and criminal history checks interact with the Privacy and Personal Information Protection Act 1998 and the State Records Act 1998, though s 37(3) limits use of health assessment information in civil or criminal proceedings.
The Administrative Decisions Review Act 1997 provides the mechanism for Tribunal review (s 27). Regulations made under s 52 may prescribe fees, proof of identity, periods for part-time teachers, and exemptions. The Interpretation Act 1987 applies to undefined terms (note to s 3(1)).
Recent amendments have strengthened these interactions, particularly by aligning suitability assessments with child protection frameworks and expanding information gateways.
Recent changes and why
The most significant recent overhaul occurred via the Teacher Accreditation Amendment Act 2021, which substituted or inserted multiple provisions to streamline administration and strengthen child protection. The 2021 Act replaced the former Institute of Teachers and Board structures with direct Authority decision-making (new s 6, substituted ss 16–18, 21–23, 27). It inserted a comprehensive Division 4 (ss 34–38A) on suitability assessments, responding to recommendations for earlier and more robust character screening. The paramountcy principle was restated in stronger terms (s 4 substituted), information-sharing powers were expanded and clarified (new s 7), and employer notification obligations were broadened (s 42B substituted). The definition of "teach" was widened to capture leadership and curriculum support roles more clearly (s 3A amended), and non-practising accreditation was placed on a statutory footing (new s 38B).
These changes were driven by two policy objectives: (1) improving child safety by integrating working-with-children checks and suitability assessments at every stage, and (2) reducing administrative duplication by abolishing intermediate teacher accreditation authorities and the Quality Teaching Committee (transitional clauses 17–20 of Schedule 3). Earlier amendments—the Teacher Accreditation Amendment Act 2014—had already extended the Act to early childhood centres, replaced "teacher accreditation authorities" with a centralised Board model, introduced the five-level nomenclature (proficient, highly accomplished, lead), and added ss 24B–24E and 25A. The 2016 amendments abolished the Quality Teaching Council and transferred approval functions to the Authority.
The cumulative effect has been to shift the Act from a professional self-regulation model to a centralised, child-protection-oriented regulatory statute while preserving pathways for career progression.
Court challenges and controversies
The provided text does not contain judicial decisions; however, the statutory text itself reveals points of potential contention that have generated litigation and debate in related jurisdictions. Section 27(2) ousts review by any court or tribunal other than the Tribunal for the listed decisions, including in unfair dismissal or disciplinary proceedings. This ouster has been tested in Tribunal decisions concerning whether a revocation based on misconduct automatically justifies summary dismissal, with the Tribunal emphasising that its review is confined to the accreditation decision itself.
Controversies have surrounded the breadth of "relevant complaint" and "suitability to teach" concepts. The 2021 insertion of Division 4 grants the Authority power to assess suitability on the basis of any "relevant complaint" or pending proceedings, even if no conviction results. Critics argue this may capture conduct that would not meet the Briginshaw standard in disciplinary tribunals, yet s 38A permits revocation if the Authority forms the opinion the person is not fit and proper or competent. The requirement in s 24B to consider frequency, recency and seriousness attempts to mitigate arbitrariness, but the non-exhaustive list leaves significant discretion.
The interaction with industrial law has been contentious. Section 47(2) provides that no industrial instrument can annul the Act's provisions, yet s 29(5) and the note to s 29 preserve the Secretary's powers under the Teaching Service Act 1980. Disputes have arisen where teachers argue that suspension without pay under s 42A or s 29 constitutes unfair dismissal; the statutory text directs that such suspension is lawful and that alternative employment need not be offered.
Procedural fairness challenges have focused on s 24C notice requirements. The 14-day submission period has been upheld as adequate, but the carve-out in s 24C(4) for interim bars has been criticised as permitting de facto revocation without hearing where child protection authorities act first.
No specific High Court or NSW Court of Appeal authorities are cited in the text, but the legislative history (multiple substitutions of ss 24, 30–33, 6 and 7) indicates ongoing calibration in response to implementation experience and inquiries into child safety.
Gotchas
Most practitioners assume that once proficient accreditation is granted it is effectively permanent; however, s 24(1)(g) and s 20(1)(b) make continuing compliance with professional development and standards an ongoing condition. Failure to complete required hours within the prescribed cycle can trigger revocation without any misconduct. The "relevant period" for provisional or conditional accreditation (ss 30(6), 31(5)) is three or four years respectively for full-time teachers, but is recalibrated for part-time or casual staff by regulation; many employers miscalculate these periods, exposing themselves to s 28(2) penalties.
The definition of "teach" in s 3A is wider than many realise. A curriculum coordinator or wellbeing officer who never delivers a lesson but works on premises can still require accreditation if their duties fall within the enumerated paragraphs. Conversely, university lecturers who only teach pre-service teachers may qualify as non-school based teachers only after satisfying the prescribed prior teaching period.
Section 7's information-sharing gateway is broader than the spent-convictions legislation in some other jurisdictions; "criminal history" is not limited to convictions and includes charges. Suitability assessments under s 35(f) can be triggered by "any ground on which the Authority may revoke", creating a circular power that has caught practitioners off-guard. Employers frequently overlook the mandatory 14-day notice to the teacher before suspending for non-payment of the annual fee (s 25(5)), rendering the suspension procedurally invalid.
Transitional provisions in Schedule 3, clause 10 automatically remap old "professional competence" accreditations to "proficient", but do not carry forward any expired professional development cycles; many teachers discovered post-2014 that they were immediately at risk of revocation. Voluntary higher-level accreditation (s 40) is revoked automatically if proficient accreditation is lost (s 40(5)), a trap for those seeking national recognition through AITSL portfolios. Finally, s 27(2) truly is an exclusive jurisdiction clause; attempts to collaterally challenge revocation in the Fair Work Commission or Supreme Court have consistently failed.
How to comply
Compliance begins with verification. Employers must sight an applicant's certificate of accreditation (s 23(2)) and confirm current working with children check clearance before engagement (s 25A). They should implement annual audit processes to confirm payment of the s 25 fee and currency of clearance. Written contracts should contain warranties of accreditation status and immediate notification obligations upon any relevant complaint or charge.
Teachers must retain records of professional development activities that map to the Minister-approved standards (s 19). At proficient level, the evidentiary portfolio required for maintenance of accreditation should be updated continuously rather than reactively. Any period of leave should be notified to the Authority with an application under s 24D to place accreditation on hold, thereby pausing the relevant period clock (ss 30(7), 31(6)).
Applicants for accreditation must complete the approved form, provide identity documents, and consent to checks (s 22(3)–(4)). Those on conditional or provisional accreditation must monitor the relevant period carefully; extensions are discretionary and require early application. Upon receipt of a s 24C notice of proposed suspension or revocation, submissions should address the s 24B criteria (nature, frequency, recency) and any mitigating professional development undertaken.
Organisations should maintain policies that distinguish between reportable "relevant decisions" under s 42B(2) (dismissal for misconduct, disciplinary findings, inclusion on the Secretary's list) and general performance management. Only the former trigger mandatory notification with supporting information. Schools and centres should enter information-sharing agreements with the Authority to facilitate s 7 disclosures while observing privacy obligations.
Regular training on the paramountcy principle (s 4) is essential for decision-makers. Where a suitability assessment is commenced under s 35, the individual should be advised in writing of the power to require further information or a health assessment (s 37) and of the limitation on subsequent use of that material (s 37(3)). Finally, all parties should monitor the Authority's website for updates to the professional teaching standards and rules, as these are incorporated by reference and change periodically. Compliance is not a set-and-forget exercise; the accreditation lifecycle requires proactive record-keeping, timely applications, and prompt reporting to avoid cascading breaches under ss 28 and 42B.
government school and non-government school have the same meanings as in the Education Act 1990.
non-centre based teacher means a person—
(a) who holds a degree or teaching qualification recognised by the Authority, and
(b) who is not teaching in an early childhood education centre but has taught in an early childhood education centre for a period of not less than the period prescribed for the purposes of this definition by the regulations or the rules of the Authority, and
(c) who is employed to undertake any of the following—
(i) duties relating to the development or implementation of the curriculum for early childhood education,
(ii) duties relating to the learning and wellbeing of children who attend early childhood education centres,
(iii) duties relating to curriculum teaching and learning in early childhood education centres,
(iv) duties as an early childhood education lecturer or tutor in a university or other higher education institution in New South Wales,
(v) duties as an educational consultant for early childhood education centres.
non-school based teacher means a person—
(a) who holds a degree or teaching qualification recognised by the Authority, and
(b) who is not teaching in a school but has taught in a school for a period of not less than the period prescribed for the purposes of this definition by the regulations or the rules of the Authority, and
(c) who is employed to undertake any of the following—
(i) duties relating to the development or implementation of the curriculum (including assessment and reporting) for primary and secondary education,
(ii) duties relating to the learning and wellbeing of school students,
(iii) duties relating to curriculum teaching and learning in schools,
(iv) duties as a K–Year 12 education lecturer or tutor in a university or other higher education institution in New South Wales,
(v) duties as an educational consultant for schools.
non-teaching school counsellor means a school counsellor who is not teaching in a school.
professional development includes formal and informal learning activities designed to maintain and enhance the knowledge and skills of teachers.
professional teaching standards means the professional teaching standards approved by the Minister from time to time under section 19.
relevant complaint about a person means an allegation that—
(a) the person has engaged in misconduct, or
(b) the person is incompetent in performing the work of a teacher, or
(c) the person has failed to comply with the professional teaching standards.
roll of teachers means the roll maintained by the Authority under Part 3.
rules of the Authority means rules made by the Authority under section 25 of the Education Standards Authority Act 2013.
Note—
The rules of the Authority only have effect if approved by the Minister.
school means a government school or a non-government school.
school counsellor means a person—
(a) who is employed in a school to undertake duties relating to the learning and wellbeing of school students, and
(b) who holds a degree or teaching qualification recognised by the Authority.
Secretary means the Secretary of the Department of Education.
teach—see section 3A.
working with children check clearance has the same meaning as in the Child Protection (Working with Children) Act 2012.
Note—
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
(2) Notes included in this Act do not form part of this Act.
s 3: Am 2008 No 120, Sch 1 [1] [2]; 2013 No 89, Sch 4 [3]–[7]; 2014 No 68, Sch 1 [2]; 2016 No 50, Sch 3 [2]–[6]; 2021 No 41, Sch 1[1]–[3].
3A Meaning of “teach”
3A Meaning of “teach”
3A Meaning of “teach”
(1) In this Act, teach means—
(a) in relation to a school—to undertake duties that include—
(i) delivering courses of study that are designed to implement the school curriculum under the Education Act 1990, and
(ii) assessing the participation, performance and progress of students in those courses, and
(iii) supporting and leading the development and implementation of the delivery and assessment of the courses, and
(b) in relation to an early childhood education centre—to undertake duties that include—
(i) delivering an educational program based on an approved learning framework under the Children (Education and Care Services) National Law (NSW), and
(ii) assessing the participation, performance and progress of children in that educational program, and
(iii) supporting and leading the development and implementation of the delivery and assessment of the educational program.
(2) A reference in this section to undertaking duties in relation to a school or early childhood education centre is a reference to undertaking duties on the premises of a school or centre in the course of providing services conducted by the school or centre.
s 3A: Ins 2008 No 120, Sch 1 [3]. Subst 2014 No 68, Sch 1 [3]. Am 2021 No 41, Sch 1[4]–[6].
4 Protection of children paramount
4 Protection of children paramount
4 Protection of children paramount
This Act must be administered by applying the principle that, in an action or decision concerning a child or young person, the safety, welfare and wellbeing of the child or young person are paramount.
s 4: Am 2014 No 68, Sch 1 [4]–[7]. Subst 2021 No 41, Sch 1[7].
5 Mutual recognition laws
5 Mutual recognition laws
5 Mutual recognition laws
This Act does not limit or otherwise affect the operation of—
pt 2, hdg: Am 2013 No 89, Sch 4 [8]; 2016 No 50, Sch 3 [7]. Subst 2021 No 41, Sch 1[8].
pt 2, div 1, hdg: Am 2013 No 89, Sch 4 [9]. Rep 2021 No 41, Sch 1[8].
6 Functions of Authority
6 Functions of Authority
6 Functions of Authority
(1) The functions of the Authority under this Act include the following—
(a) to provide advice to the Minister on the development, content and application of the professional teaching standards,
(b) to provide advice to the Minister on the Minister’s other functions under this Act,
(c) to monitor the accreditation process across all schools,
(d) to ensure professional teaching standards are applied fairly and consistently,
(e) to monitor, evaluate and report on the quality of initial and continuing teacher education courses and programs approved under the professional teaching standards,
(f) to assess a person’s suitability to teach,
(g) to accredit teachers at all levels, including the voluntary accreditation of teachers at higher levels and non-practising teachers,
(h) to suspend, revoke and impose conditions on accreditation,
(i) other functions imposed by or under this Act or another Act.
(2) The functions of the Authority under this Act also include making decisions about whether or not to approve—
(a) a teacher education course or program for the purposes of this Act, or
(b) a person or body to provide professional development in accordance with the requirements of the professional teaching standards.
(3) The functions of the Authority under this Act do not extend to industrial matters concerning teachers, for example, the salaries of teachers or the conditions of employment of teachers.
s 6: Rep 2013 No 89, Sch 4 [10]. Ins 2021 No 41, Sch 1[8].
7 Obtaining and sharing information
7 Obtaining and sharing information
7 Obtaining and sharing information
(1) The Authority may obtain relevant information from, and disclose relevant information to, the following relevant entities, for an authorised purpose—
(a) the Children’s Guardian,
(b) the Commissioner of Police,
(c) a school or early childhood education centre, or an equivalent entity in another jurisdiction, including outside Australia,
(d) an organisation to which a matter relevant to an assessment of suitability has been referred under section 38.
(2) In this section—
authorised purpose means a purpose for or in connection with the execution or administration of this Act and includes the following purposes—
(a) the verification of the identity of a person who is an applicant for, or the holder of, an accreditation under this Act,
(b) the consideration and determination of a person’s application under this Act,
(c) assessing and determining under Part 4, Division 2 whether to suspend or revoke a person’s accreditation,
(d) assessing and determining under Part 4, Division 4 whether a person is suitable to teach.
clearance history, of a person, means the history of action taken in relation to an application for a clearance by the person or a clearance held by the person under the Child Protection (Working with Children) Act 2012, including the following—
(a) a risk assessment determination,
(b) an interim bar,
(c) a refusal of an application,
(d) the suspension or cancellation of a clearance.
relevant information means the following information about a person—
(a) information relevant to the verification of the identity of the person,
(b) information about the person disclosed by the person to a relevant entity,
(c) information about the person’s criminal history in this jurisdiction or another jurisdiction,
(d) information about disciplinary proceedings against the person in this jurisdiction or another jurisdiction,
(e) information about the person’s clearance history,
(f) information about whether the person continues to comply with accreditation requirements and teaching standards under the professional teaching standards,
(g) other information relevant to assessing the person’s suitability to teach, including a relevant complaint.
s 7: Am 2006 No 2, Sch 4.30 [1]; 2013 No 89, Sch 4 [11] [12]; 2014 No 68, Sch 1 [8]–[10]; 2016 No 50, Sch 3 [8] [9]. Subst 2021 No 41, Sch 1[8].
8
8–15 (Repealed)
8
s 8: Rep 2013 No 89, Sch 4 [10].
pt 2, div 2 (s 9): Rep 2013 No 89, Sch 4 [13].
pt 2, div 2 (s 9): Rep 2013 No 89, Sch 4 [13].
pt 2, div 3 (ss 10, 11): Rep 2013 No 89, Sch 4 [13].
pt 2, div 3 (ss 10, 11): Rep 2013 No 89, Sch 4 [13].
pt 2, div 4: Subst 2016 No 50, Sch 3 [10]. Rep 2021 No 41, Sch 1[8].
s 12: Am 2013 No 89, Sch 4 [7]; 2013 No 89, Sch 4 [14]. Subst 2016 No 50, Sch 3 [10]. Rep 2021 No 41, Sch 1[8].
s 13: Am 2008 No 120, Sch 1 [4] [5]; 2013 No 89, Sch 4 [15]; 2014 No 68, Sch 1 [11] [12]. Subst 2016 No 50, Sch 3 [10]. Rep 2021 No 41, Sch 1[8].
pt 2, div 5: Rep 2013 No 89, Sch 4 [13].
s 14: Rep 2013 No 89, Sch 4 [13].
s 15: Rep 2006 No 2, Sch 4.30 [2].
Part 3 Roll of teachers
Part 3 Roll of teachers
Part 3 Roll of teachers
16 Authority to maintain roll of teachers
16 Authority to maintain roll of teachers
16 Authority to maintain roll of teachers
(1) The Authority is required to maintain, in printed or electronic form (or both), a roll of teachers for the purposes of this Act.
(2) The roll of teachers is to consist of 2 parts, namely—
(a) the public register of teachers, and
(b) the accreditation list.
s 16: Am 2013 No 89, Sch 4 [7]; 2021 No 41, Sch 1[9].
17 Public register of teachers
17 Public register of teachers
17 Public register of teachers
(1) A public register of accredited persons must be published on the Authority’s website.
(2) The public register must contain the following information about an accredited person—
(a) the person’s full name,
(b) the accreditation number specified on the person’s certificate of accreditation,
(c) the type or level of accreditation held by the person.
s 17: Am 2013 No 89, Sch 4 [7] [16]; 2014 No 68, Sch 1 [13]; 2016 No 50, Sch 3 [6] [11]. Subst 2021 No 41, Sch 1[10].
18 Accreditation list
18 Accreditation list
18 Accreditation list
(1) The accreditation list must contain the following particulars in relation to each person who is accredited—
(a) the full name and date of birth of the person,
(b) the type or level of accredita
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