1Teachers Registration and Standards Regulations 2021

South Australia Teachers Registration and Standards Regulations 2021 under the Teachers Registration and Standards Act 2004

Contents 1 Short title 3 Interpretation 4 Committees 5 Accreditation of initial teacher education programs 6 Exemption from requirement to be registered 7 Prescribed qualifications, experience and requirements for registration as teacher 8 Assessment by Teachers Registration Board of qualifications 9 Annual fee 10 Replacement of certificate of registration 11 Specified amount to accompany application for special authority for unregistered person to teach 12 Exemptions from working with children check requirements 14 Prescribed offences 15 Employer to notify Teachers Registration Board of certain matters relating to practising teachers 16 Sharing of information between Teachers Registration Board and certain persons and bodies 17 Fees and waiver of fees Schedule 1—Prescribed offences Schedule 2—Fees 1 Preliminary 2 Fees Legislative history

1—Short title These regulations may be cited as the Teachers Registration and Standards Regulations 2021. 3—Interpretation In these regulations, unless the contrary intention appears— Act means the Teachers Registration and Standards Act 2004. 4—Committees (1) Pursuant to section 16(3) of the Act, the following provisions apply in relation to committees established by the Teachers Registration Board under the Act: (a) the membership of a committee may (subject to the Act) include 1 or more persons who are not members of the Board; (b) the presiding member of a committee is to be appointed by the Board and, other than in the case of a committee established for the purposes of Part 3A of the Act, the presiding member must be a member of the Board; (c) if a committee is established on an ongoing basis, the membership of the committee must be reviewed by the Board at least once in every 3 years. (2) An act or proceeding of a committee is not invalid by reason only of a failure of the Board to conduct a review referred to in subregulation (1)(c). 5—Accreditation of initial teacher education programs For the purposes of the definition of prescribed accreditation standards in section 19A(4) of the Act, the Accreditation of initial teacher education programs in Australia—Standards and Procedures published by Education Services Australia is prescribed. 6—Exemption from requirement to be registered (1) For the purposes of section 20(4)(b) of the Act, the following persons and classes of persons are prescribed: (a) a person employed as a director at a prescribed education and care service (not being a person who personally provides pre‑school education or early childhood teaching services at the prescribed education and care service); (b) a person who employs a person as a director at a prescribed education and care service. (2) In this regulation— approved education and care service has the same meaning as in the Education and Care Services National Law (South Australia); out of school hours care means the provision of recreational and leisure programs to children before or after school hours, or during school vacation time; prescribed education and care service means an approved education and care service comprising— (a) out of school hours care that consists of, or includes, pre‑school education; or (b) the provision of centre‑based long day care services that consist of, or include, pre‑school education to children who have not yet commenced school. 7—Prescribed qualifications, experience and requirements for registration as teacher (1) For the purposes of section 21(1)(a) of the Act, the qualifications required for registration as a teacher are as follows: (a) an approved teacher education degree, diploma or other qualification awarded on satisfactory completion of a higher education course of pre‑service teacher education in pre‑school, primary or secondary education that— (i) is of at least 4 years' full‑time duration or part‑time equivalent duration; and (ii) includes a practical student teaching component undertaken at a school or prescribed service; or (b) — (i) an approved non‑teacher education degree, diploma or other qualification awarded on satisfactory completion of a higher education course that is of at least 3 years' full‑time duration or part‑time equivalent duration; and (ii) an approved postgraduate degree, diploma or other qualification (other than a Graduate Diploma or Graduate Certificate that is an approved early childhood teaching qualification under the national regulations) awarded on satisfactory completion of a higher education course of pre‑service teacher education in pre‑school, primary or secondary education that— (A) is of at least 1 year's full‑time duration or part‑time equivalent duration; and (B) includes a practical student teaching component undertaken at a school or prescribed service; or (c) an approved early childhood teaching qualification under the national regulations, other than a Graduate Diploma or Graduate Certificate, awarded on satisfactory completion of a higher education course of pre‑service teacher education in pre‑school education; or (d) a qualification determined by the Australian Children's Education and Care Quality Authority under section 169(7) of the Education and Care Services National Law (South Australia) to be equivalent to the qualifications mentioned in paragraph (c); or (e) if the person applying for registration holds a teacher registration (however described) under a corresponding law—a qualification on the list of former qualifications approved as early childhood teaching qualifications and published under regulation 137(2)(a) of the national regulations. (2) For the purposes of section 21(1)(a) of the Act, the experience required for registration as a teacher is 1 year's full‑time (or part‑time equivalent of 200 days') satisfactory service as a teacher (as determined in accordance with any policy of the Board) at a school or prescribed service in Australia or New Zealand. (3) For the purposes of subregulation (1)(a) and (b), an approved degree, diploma or other qualification means— (a) a degree, diploma or other qualification awarded by a higher education institution that is a member of Universities Australia; or (b) a degree, diploma or other qualification that was at any time nationally registered by the former Australian Council on Awards in Advanced Education or the former Australian Council on Tertiary Awards, but does not include a degree, diploma or other qualification that the Teachers Registration Board has determined is not an appropriate qualification for registration. (4) In this regulation— approved early childhood teaching qualification has the same meaning as in the national regulations; Australian Children's Education and Care Quality Authority means the Australian Children's Education and Care Quality Authority established under the Education and Care Services National Law (South Australia); corresponding jurisdiction means the Commonwealth, another State or a Territory of the Commonwealth or New Zealand; corresponding law means any law of a corresponding jurisdiction that regulates teachers in the jurisdiction; national regulations means the Education and Care Services National Regulations. 8—Assessment by Teachers Registration Board of qualifications (1) The Teachers Registration Board may, on application, make an assessment as to whether a qualification is an appropriate qualification for registration. (2) An application for assessment of a qualification must— (a) be made to the Teachers Registration Board in the manner and form approved by the Board; and (b) be accompanied by the prescribed fee. (3) An applicant for assessment of a qualification must provide the Teachers Registration Board with any information required by the Board for the purposes of determining the application, verified, if the Board so requires, by statutory declaration. 9—Annual fee Pursuant to section 26A(2) of the Act— (a) the annual fee prescribed for the purposes of the Act is payable on or before 31 January in each year; and (b) the annual fee period in respect of which the prescribed annual fee is to be paid is the period of 12 months from 1 February in a given year to 31 January of the subsequent year. 10—Replacement of certificate of registration If a person satisfies the Teachers Registration Board by statutory declaration that the person's certificate of registration as a teacher has been lost or destroyed, the Registrar must, on payment of the prescribed fee, issue to the person a duplicate certificate of registration. 11—Specified amount to accompany application for special authority for unregistered person to teach An application for a special authority under Part 6 of the Act must be accompanied by an amount specified by the Teachers Registration Board, being the amount payable by the Board for the conduct by the Board of a criminal record check relating to the applicant under section 30(3a) of the Act. 12—Exemptions from working with children check requirements (1) Pursuant to section 61(2)(a) of the Act, a special authority granted under Part 6 of the Act to a person who is the subject of an exemption under section 14 of the Child Safety (Prohibited Persons) Act 2016 that is in force is exempt from the requirement under section 30(1a) of the Act— (a) for the period that the exemption under section 14 of the Child Safety (Prohibited Persons) Act 2016 remains in force; or (b) for a period of 90 days, whichever is shorter. (2) Pursuant to section 61(2)(a) of the Act, the following provisions do not apply in relation to an application for a special authority under Part 6 of the Act relating to a person who is the subject of an exemption under section 14 of the Child Safety (Prohibited Persons) Act 2016 that is in force: (a) section 30(2)(b) of the Act; (b) section 30(3)(ab) of the Act. 14—Prescribed offences The offences prescribed for the purposes of section 34A(1) of the Act are set out in Schedule 1. 15—Employer to notify Teachers Registration Board of certain matters relating to practising teachers For the purpose of section 37(2)(d) of the Act, an employer of a practising teacher must notify the Teachers Registration Board if the employer becomes aware of the incompetence (however described) of the teacher. 16—Sharing of information between Teachers Registration Board and certain persons and bodies For the purposes of section 49B(1)(h) of the Act, the following are declared to be included within the ambit of subsection (1) of section 49B: (a) The Association of Independent Schools of South Australia; (b) Catholic Education South Australia. 17—Fees and waiver of fees (1) The fees set out in Schedule 2 are prescribed for the purposes of the Act and these regulations, and are payable in accordance with the Schedule. (2) The Teachers Registration Board may, if satisfied that reasonable cause exists for doing so, waive a fee prescribed for the purposes of the Act or these regulations, in whole or in part. Schedule 1—Prescribed offences For the purposes of section 34A(1) of the Act, the following offences are prescribed: (a) an offence against a following provision of the Criminal Law Consolidation Act 1935: (i) Part 3 Division 1 (homicide); (ii) Part 3 Division 1A (criminal neglect etc); (iii) Part 3 Division 4 (unlawful threats); (iv) Part 3 Division 5 (stalking); (v) section 20AA (causing harm to, or assaulting, certain emergency workers etc); (vi) Part 3 Division 7AA (choking etc in a domestic setting); (vii) Part 3 Division 7A (causing physical or mental harm); (viii) Part 3 Division 8 (female genital mutilation); (ix) Part 3 Division 8A (child marriage); (x) Part 3 Division 9 (kidnapping and unlawful child removal); (xi) Part 3 Division 11 (rape and other sexual offences); (xii) Part 3 Division 11A (child exploitation material and related offences); (xiii) Part 3 Division 12 (commercial sexual services and related offences); (xiv) Part 3 Division 16 (abduction of children); (xv) Part 3B Division 1 (participation in criminal organisation); (xvi) section 85(1) (arson and other property damage); (xvii) Part 5 Division 3 (robbery); (xviii) Part 5 Division 5A (dishonest communication with children); (b) an offence against section 72 of the Criminal Law Consolidation Act 1935 (incest) where the victim is a child; (c) an offence against section 270B of the Criminal Law Consolidation Act 1935 (assaults with intent) with intent to commit an offence referred to in any of the preceding paragraphs; (d) an offence against Part 5 Division 2 or 3 of the Controlled Substances Act 1984; (e) an offence against a law previously in force in this State that corresponds to an offence referred to in a preceding paragraph; (f) an offence against the law of another State or Territory that corresponds to an offence referred to in any of the preceding paragraphs; (g) an offence against a following provision of the Criminal Code of the Commonwealth: (i) section 271.4; (ii) section 271.7; (iii) section 272.8; (iv) section 272.9; (v) section 272.10; (vi) section 272.11; (vii) section 272.12; (viii) section 272.13; (ix) section 272.14; (x) section 272.15; (xi) section 272.15A; (xii) section 272.18; (xiii) section 272.19; (xiv) section 272.20; (xv) section 273.6; (xvi) section 273.7; (xvii) section 273A.1; (xviii) section 273B.4; (xix) section 273B.5; (xx) section 302.2; (xxi) section 302.3; (xxii) section 302.4; (xxiii) section 303.4; (xxiv) section 303.5; (xxv) section 303.6; (xxvi) section 304.1; (xxvii) section 304.2; (xxviii) section 304.3; (xxix) section 305.3; (xxx) section 305.4; (xxxi) section 305.5; (xxxii) section 309.2; (xxxiii) section 309.3; (xxxiv) section 309.4; (xxxv) section 309.7; (xxxvi) section 309.8; (xxxvii) section 309.10; (xxxviii) section 309.11; (xxxix) section 309.12; (xl) section 309.13; (xli) section 309.14; (xlii) section 309.15; (xliii) section 310.2; (xliv) section 310.3; (xlv) section 471.19; (xlvi) section 471.20; (xlvii) section 471.22; (xlviii) section 471.24; (xlix) section 471.25; (l) section 471.25A; (li) section 471.26; (lii) section 474.22; (liii) section 474.22A; (liv) section 474.23; (lv) section 474.23A; (lvi) section 474.24A; (lvii) section 474.25A; (lviii) section 474.25B; (lix) section 474.25C; (lx) section 474.26; (lxi) section 474.27; (lxii) section 474.27AA; (lxiii) section 474.27A; (h) an offence against a law of the Commonwealth previously in force that corresponds to an offence referred to in paragraph (g); (i) a conspiracy to commit, or an attempt to commit, an offence referred to in any of the preceding paragraphs; (j) an offence of aiding, abetting, counselling or procuring the commission of an offence referred to in any of the preceding paragraphs; (k) an offence against the law of a foreign jurisdiction that corresponds to an offence referred to in any of the preceding paragraphs. Schedule 2—Fees 1—Preliminary (1) In this Schedule, unless the contrary intention appears— CPI means the Consumer Price Index (All Groups) for the City of Adelaide published by the Australian Bureau of Statistics; relevant indexation factor means the quotient obtained by dividing the CPI for the quarter ending 30 September in the year immediately preceding the year for which a particular fee is payable by the CPI for the quarter ending 30 September 2020; rounded to the nearest dollar means that, where the calculated amount is not an exact multiple of 1 dollar, it is to be rounded up or down to the nearest multiple of 1 dollar (and if the amount to be rounded is 50 cents or more, then the amount is to be rounded up). (2) For the purposes of this Schedule, if the amount of a prescribed fee is followed by the word (indexed), the amount of the prescribed fee will be taken to be— (a) until 31 January 2022—the amount so prescribed; and (b) in relation to the period of 12 months commencing on 1 February 2022 or any subsequent year—the amount of the fee so prescribed multiplied by the relevant indexation factor. (3) If the amount of a prescribed fee payable in respect of a particular period of 12 months is, when adjusted in accordance with subclause (2)(b), less than the amount paid in respect of the immediately preceding period of 12 months, the amount payable in that particular period of 12 months will not be the amount as adjusted in accordance with subclause (2)(b), but will instead be an amount equal to the amount that was payable in respect of the immediately preceding period of 12 months. (4) The amount of any fee payable under the Act or these regulations is to be rounded to the nearest dollar. 2—Fees