58Result of preliminary investigation

58 Result of preliminary investigation (1) After completing the preliminary investigation, the investigator must recommend to the Board, in writing and with reasons: (a) that the Board take no further action in relation to the teacher or authorised person; or (b) that the Board take specified further action under this Act in relation to the teacher or authorised person without first holding an inquiry; or (c) that an inquiry be held in relation to the matter. (2) After receiving the recommendation, the Board must decide to: (a) if one of the following circumstances exist – take no further action in relation to the teacher or authorised person: (i) the person's registration has lapsed; (ii) the person has, under section 26A(1)(b), requested that their name be removed from the register;

Teacher Registration (Northern Territory) Act 2004 38 (iii) the person has, under section 46A, surrendered their authorisation; (iv) the Board is satisfied the person continues to be eligible for registration or authorisation; or (b) subject to subsections (3) and (4), take specified further action under this Act in relation to the teacher or authorised person without first holding an inquiry; or (c) hold an inquiry in relation to the matter. (3) The Board cannot decide to take either of the following actions without first holding an inquiry: (a) cancel the registration of the teacher or the authorisation relating to the authorised person; (b) disqualify the teacher from registration, or the authorised person from teaching under an authorisation, for a specified period. (4) Also, the Board must not suspend the registration of the teacher, or authorisation relating to the authorised person, except to ensure the teacher or authorised person meets a requirement before the teacher or authorised person can teach again. (5) The Board is not bound by the recommendation of the investigator, but must take it into account in making a decision under subsection (2). (6) If an investigation panel conducted the preliminary investigation, a Board member who was a member of the investigation panel must not: (a) be present during any deliberations of the Board in relation to the investigation; and (b) take part in a decision under subsection (2).

Teacher Registration (Northern Territory) Act 2004 39