(1) The constitution of the disciplinary bodies must be set out in the rules, and those rules must be consistent with this section.
(2) Both disciplinary bodies may have members who are not members of the Teachers Council.
(3) Both disciplinary bodies may operate in panels, and more than 1 panel of each body may operate at any one time.
(3A) Both disciplinary bodies must include at least 1 member of the Teachers Council.
(3B) The Disciplinary Tribunal must include at least 1 person who is selected from a list, prepared by the Minister after consultation with the Teachers Council, of people who are neither members of the Teachers Council, nor teachers, employers, or members of an employing body.
(3C) The majority of members on the Disciplinary Tribunal, and on every panel of the Disciplinary Tribunal, must be registered teachers.
(4) No member of the Complaints Assessment Committee may be a member of the Disciplinary Tribunal.
(5) Rules must provide for the replacement of any member of a disciplinary body who, in relation to a particular complaint,—
(a) made the complaint; or
(b) is otherwise in a position of conflict of interest.
(6) When performing their functions and exercising their powers, the disciplinary bodies must act in accordance with the rules of natural justice.
Section 139AQ: inserted, on 1 September 2004, by section 37(1) of the Education Standards Act 2001 (2001 No 88).
Section 139AQ(2): substituted, on 17 May 2006, by section 27 of the Education Amendment Act 2006 (2006 No 19).
Section 139AQ(3): substituted, on 17 May 2006, by section 27 of the Education Amendment Act 2006 (2006 No 19).
Section 139AQ(3A): inserted, on 17 May 2006, by section 27 of the Education Amendment Act 2006 (2006 No 19).
Section 139AQ(3B): inserted, on 17 May 2006, by section 27 of the Education Amendment Act 2006 (2006 No 19).
Section 139AQ(3C): inserted, on 17 May 2006, by section 27 of the Education Amendment Act 2006 (2006 No 19).