Education Amendment Act 2015

Teacher registration and Education Council

40 New Parts 31 and 32 inserted

After section 347, insert:

Part 31 Teacher registration

348 Interpretation

In this Part and Schedule 21, unless the context otherwise requires,—

authorisation, in relation to any person, means the entry of the person’s name on the list of authorised people, and authorised has a corresponding meaning

early childhood education and care service means—

(a)

a free kindergarten that is an early childhood service whose licence permits no child to attend for a period of more than 4 hours on any day; and

(b)

any other early childhood service that is declared by regulations made under section 69(2) of the Education Standards Act 2001 to be an early childhood education and care service for the purposes of this Part

early childhood service means a licensed early childhood service (as defined in section 309)

Education Council means the Education Council of Aotearoa New Zealand established under Part 32

employer means any one of the following who employs, or intends to employ, 1 or more teachers or authorised persons in a teaching position:

(a)

the board of trustees of a State school:

(b)

the sponsor of a partnership school kura hourua:

(c)

the managers of a school registered under section 35A:

(d)

the person or body that appoints staff at an early childhood education and care service:

(e)

the Secretary, in his or her capacity as an employer under section 91N

free kindergarten means an early childhood education and care centre (as defined in section 309) controlled by a free kindergarten association founded for the purpose of establishing and maintaining a kindergarten or kindergartens

general education system means the system of education provided in—

(a)

registered schools; and

(b)

early childhood services; and

(c)

other educational institutions and services established or deemed to have been established, or provided, under this Act or the Education Act 1964

list of authorised people means the list kept under section 371(1)

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Part

partnership school kura hourua has the meaning given by section 2(1)

practising certificate means a certificate issued under section 361(2) or (6)

professional leader means,—

(a)

in the case of a school other than a partnership school kura hourua, the principal:

(b)

in the case of a partnership school kura hourua, the person to whom the sponsor has assigned the role of supervising teaching practice:

(c)

in the case of an early childhood service, the professional leader of the service:

(d)

in the case of any other educational institution, the chief executive or person occupying an equivalent position

register means the register kept under section 359

registration or registered, in relation to any person, means the entry of the person’s name on the register

satisfactory recent teaching experience, in relation to any person at any time, means either of the following, satisfactorily completed by the person during the 5 years before that time:

(a)

an uninterrupted period of employment of 2 years (or some shorter period or periods approved by the Education Council for the person) in a teaching position or teaching positions in the general education system; or

(b)

a period of employment of 2 years (or some shorter period or periods approved by the Education Council for the person) in a position (or positions) that (or each of which) in the Education Council’s opinion was equivalent to a teaching position, in an educational institution in New Zealand approved by the Education Council for the purposes of this Part

teaching position means a position in the general education system that—

(a)

requires its holder to instruct students; or

(b)

is the professional leader, deputy professional leader (however described), or assistant principal of a school; or

(c)

is the professional leader of an early childhood service or other educational institution.

Compare: 1989 No 80 s 120

Restrictions on appointment and employment of teaching staff

349 Restrictions on appointment of teachers

(1)

An employer may not appoint to a teaching position—

(a)

any person—

(i)

whose registration has been cancelled; and

(ii)

who has not since been registered again; or

(b)

any person whose practising certificate is suspended under section 402 or 404(1)(d) or cancelled under section 404(1)(g); or

(c)

any person whose authorisation has been cancelled and who has not since—

(i)

been authorised again; or

(ii)

been registered as a teacher; or

(d)

any person whose limited authority to teach is suspended under section 402 or 404(1)(d).

(2)

No employer, other than a sponsor, may permanently appoint to any teaching position any person who does not hold a practising certificate.

Compare: 1989 No 80 s 120A

350 Restrictions on continued employment of teachers

(1)

An employer may not continue to employ in a teaching position—

(a)

any person—

(i)

whose registration has been cancelled; and

(ii)

who has not since been registered again; or

(b)

any person whose practising certificate is suspended under section 404(1)(d); or

(c)

any person whose authorisation has been cancelled and who has not since—

(i)

been authorised again; or

(ii)

been registered as a teacher; or

(d)

any person whose limited authority to teach is suspended under section 404(1)(d).

(2)

No employer, other than a sponsor, may continue to employ in any teaching position any person who holds neither a practising certificate nor an authorisation, if that person is not under the general supervision of a person who holds a practising certificate.

(3)

No employer, other than a sponsor, may in any calendar year continue to employ in any teaching position a person who holds neither a practising certificate nor an authorisation, if the sum of the following periods is not less than the period specified in subsection (4):

(a)

the period or periods for which that person has already during that year been employed by the employer in a teaching position or positions; and

(b)

any period or periods (of which the employer is aware) for which that person has already during that year been employed by any other employer in a teaching position or positions; and

(c)

any period or periods (of which the employer is aware) for which that person has during that year been employed as a teacher by the employer at an early childhood education and care service.

(4)

The period referred to in subsection (3) is 20 half-days or any greater number of half-days the Education Council has allowed in any particular case, each being a half-day on which the school or early childhood education and care service at which the person was then employed was open for instruction.

Compare: 1989 No 80 s 120B

351 Restrictions on activities of teachers whose practising certificate or limited authority to teach is subject to interim suspension

(1)

This subsection applies to a person employed in a teaching position if—

(a)

he or she holds a practising certificate that is suspended under section 402; or

(b)

he or she has a limited authority to teach that is suspended under section 402.

(2)

While subsection (1) applies to a person, his or her employer—

(a)

must ensure that he or she does not carry out any of the duties of the teaching position concerned; and

(b)

if the person is employed at a registered school or an early childhood education and care service, must take all reasonably practicable steps to ensure that he or she does not undertake any activities that might bring him or her into contact with students enrolled at the school or, as the case may be, children who attend the service.

(3)

While subsection (1) applies to a person, he or she may not carry out any of the duties of the teaching position concerned.

Compare: 1989 No 80 s 120C

Teacher registration

352 Applications for registration as teacher

Any person may apply to the Education Council, on a form provided by the Education Council for the purpose and signed by the applicant, for registration as a teacher.

Compare: 1989 No 80 s 121

353 Registration

The Education Council must register an applicant under section 352 if satisfied that the applicant—

(a)

is of good character; and

(b)

is fit to be a teacher; and

(c)

is satisfactorily trained to teach; and

(d)

meets the criteria for teacher registration established under section 382(1)(e); and

(e)

either—

(i)

has not been convicted of a specified offence as defined in section 23(1) of the Vulnerable Children Act 2014; or

(ii)

has been granted an exemption under section 35 of the Vulnerable Children Act 2014 in respect of every conviction for a specified offence as defined in section 23(1) of that Act.

Compare: 1989 No 80 s 122

354 Determining whether training satisfactory

(1)

In determining whether a person is satisfactorily trained to teach, the Education Council may take into account any relevant matters.

(2)

In determining whether a person is satisfactorily trained to teach, the Education Council must take into account—

(a)

the person’s qualifications; and

(b)

whether the person has satisfactorily completed training recognised by the Education Council as suitable for people who want to teach.

(3)

Subsection (2) does not affect the generality of subsection (1).

Compare: 1989 No 80 s 124A

355 Determining good character and fitness to be teacher

(1)

For the purpose of determining whether a person is of good character and fit to be a teacher, the Education Council must obtain a Police vet of the person.

(2)

Subsection (1) does not limit any other matters that the Education Council may take into account in determining character and fitness to be a teacher.

Compare: 1989 No 80 s 124B

356 Appeals from decisions of Education Council

(1)

A person who is dissatisfied with all or any part of a decision of the Education Council under section 353, 357, or 361 (whether a decision to act or a decision to refuse to act) may, within 28 days after receiving notice of the decision from the Education Council or any longer period the court, on application made before or after the end of the period, allows, appeal to the District Court against the decision.

(2)

The court must hear the appeal as soon as practicable, and may confirm, reverse, or modify the decision concerned, or may refer the matter back to the Education Council in accordance with rules of court, or may give any decision that the Education Council could have given.

(3)

Nothing in this section gives the court power to review any part of the Education Council’s decision that the appellant has not appealed against.

(4)

Subject to any order of the court, every decision of the Education Council continues in force and has effect pending the determination of an appeal against it.

(5)

On any appeal under this section, the court may order the Education Council or the appellant to pay the costs incurred by the other party in respect of the appeal.

(6)

The Education Council or the appellant may, with the leave of the High Court or the Court of Appeal, appeal to the Court of Appeal on a question of law against any decision made by the District Court on an appeal under this section.

Compare: 1989 No 80 s 126

357 Cancellation of registration as teacher

(1)

The Education Council must cancel a person’s registration if—

(a)

the Education Council is satisfied on reasonable grounds that the person no longer satisfies the requirements for registration as a teacher (as set out in section 353); or

(b)

the Education Council is satisfied on reasonable grounds that the registration was effected by mistake or obtained by fraud; or

(c)

the Disciplinary Tribunal has ordered, under section 404(1)(g), that the registration be cancelled.

(2)

The Education Council may not cancel a person’s registration under subsection (1)(a) or (b) without first—

(a)

taking all reasonable steps to ensure that the person is given notice of the reasons for the proposed cancellation; and

(b)

giving the person a reasonable opportunity to make submissions and be heard, either in person or by counsel or other representative, on the proposed cancellation.

(3)

The fact that a person’s registration has been cancelled does not prevent the person from again being registered.

(4)

The Education Council must take all reasonable steps to ensure that employers are informed of, and may make public on its Internet site, the name of every person whose registration is cancelled under this section.

Compare: 1989 No 80 s 129

358 Voluntary deregistration

The Education Council must deregister a person if—

(a)

the Education Council receives a written request from the person seeking deregistration; and

(b)

the Education Council is satisfied that the person is not the subject of an investigation under Part 32.

Compare: 1989 No 80 s 127A

359 Education Council to keep register of people registered as teachers

(1)

For the purposes of this Part, the Education Council must keep a register of people who are registered as teachers.

(2)

If the Education Council is satisfied that any of the information contained in the register is incorrect, the Education Council must ensure that the information is corrected.

(3)

The Education Council may annotate the register following—

(a)

an interim suspension under section 402(2); or

(b)

an action by a disciplinary body under section 401, 404, or 412.

(4)

In the case where the register is annotated following an interim suspension, the annotation must be removed or corrected as soon as practicable after the matter is concluded (as specified in section 403(6)).

Compare: 1989 No 80 s 128

360 Matching of register information and information about payment of teacher salaries at payrolled schools

(1)

The purpose of this section is to facilitate the exchange of information between the Ministry and the Education Council for the purposes of enabling—

(a)

the Education Council, in regard to any person employed in a teaching position, to identify—

(i)

the person’s employer; and

(ii)

the person’s registration status; and

(iii)

the status and currency of the person’s practising certificate; and

(b)

the Ministry, in regard to regular teachers and relieving teachers in receipt of salaries at payrolled schools, to identify their salary entitlement or eligibility (if any) for an allowance on the basis of their registration or practising certificate (if any).

(2)

For the purpose set out in subsection (1)(a), the Education Council may, in accordance with arrangements under the Privacy Act 1993 previously agreed between the Secretary and the Education Council,—

(a)

require the Secretary to supply all or any of the following information about all or any regular teachers and relieving teachers in receipt of salaries at payrolled schools:

(i)

surname:

(ii)

first name:

(iii)

date of birth:

(iv)

gender:

(v)

address:

(vi)

the school at which a teacher is employed:

(vii)

payroll number:

(viii)

registration number:

(ix)

number of half-days employed in a teaching position in any calendar year; and

(b)

compare the information supplied under paragraph (a) with the information contained in the register.

(3)

For the purpose set out in subsection (1)(b), the Secretary may, in accordance with arrangements under the Privacy Act 1993 previously agreed between the Secretary and the Education Council,—

(a)

require the Education Council to supply all or any of the following information in regard to all or any people registered as teachers:

(i)

surname:

(ii)

first name:

(iii)

date of birth:

(iv)

gender:

(v)

address:

(vi)

the school at which a teacher is employed:

(vii)

registration number:

(viii)

registration or practising certificate expiry date:

(ix)

registration or practising certificate classification; and

(b)

compare the information supplied under paragraph (a) with the information held by the Ministry in regard to regular teachers and relieving teachers in receipt of salaries at payrolled schools.

(4)

In this section, Ministry, payrolled school, regular teacher, relieving teacher, school, and Secretary have the same meanings as in section 91A.

Compare: 1989 No 80 s 128A

361 Practising certificates

(1)

Any person may apply to the Education Council, on a form provided by the Education Council, for a practising certificate.

(2)

The Education Council must issue a practising certificate to every applicant who—

(a)

is registered as a teacher; and

(b)

has had a satisfactory Police vet within the past 3 years; and

(c)

meets the standards and criteria for the issue of practising certificates maintained by the Education Council under section 382(1)(h).

(3)

A teacher’s practising certificate must show clearly that the teacher is registered.

(4)

Unless it is sooner cancelled or expires,—

(a)

a practising certificate issued to a teacher who already holds a current practising certificate expires—

(i)

on the third anniversary of the day on which the certificate already held expires; or

(ii)

at any earlier time that the Education Council specifies, by notice in the Gazette, in respect of all or any kinds of practising certificate:

(b)

a practising certificate issued to a teacher who does not already hold a current practising certificate expires—

(i)

on the third anniversary of the day it is issued; or

(ii)

at any earlier time that the Education Council decides in accordance with the standards and criteria maintained under section 382(1)(h).

(5)

A practising certificate expires when its holder’s registration is cancelled.

(6)

If a teacher applies to renew his or her practising certificate, the Education Council may issue a renewed practising certificate only if it is satisfied that the teacher—

(a)

has satisfactory recent teaching experience; and

(b)

has had a satisfactory Police vet within the past 3 years; and

(c)

has completed satisfactory professional development during the past 3 years; and

(d)

meets the standards and criteria maintained under section 382(1)(h).

(7)

This subsection applies to a renewed practising certificate issued to a person if—

(a)

the practising certificate he or she already holds when the renewed certificate is issued is suspended under section 402; or

(b)

he or she does not already hold a practising certificate when the renewed certificate is issued, but—

(i)

the practising certificate he or she last held was suspended under section 402 when it expired; and

(ii)

its suspension was not due to expire until a time after the issue of the renewed certificate.

(8)

A renewed practising certificate to which subsection (7) applies must be treated as being suspended under section 402, and its suspension expires when the suspension of the previous practising certificate held by its holder would have expired.

Compare: 1989 No 80 s 130

362 Cancellation of practising certificate

(1)

The Education Council must cancel a person’s practising certificate if—

(a)

the Education Council is satisfied on reasonable grounds that the person no longer satisfies the requirements for holding a practising certificate (as set out in section 361(2)); or

(b)

the Education Council is satisfied on reasonable grounds that the practising certificate was issued by mistake or obtained by fraud; or

(c)

the Disciplinary Tribunal has ordered, under section 404(1)(g), that the practising certificate be cancelled; or

(d)

the Education Council has determined, under section 412, that the practising certificate be cancelled.

(2)

The Education Council may not cancel a person’s practising certificate under subsection (1)(a) or (b) without first—

(a)

taking all reasonable steps to ensure that the person is given notice of the reasons for the proposed cancellation; and

(b)

giving the person a reasonable opportunity to make submissions and be heard, either in person or by counsel or other representative, on the proposed cancellation.

(3)

The fact that a person’s practising certificate has been cancelled does not prevent the person from again holding a practising certificate.

(4)

The Education Council must take all reasonable steps to ensure that employers are informed of, and may make public on its Internet site, the name of every person whose practising certificate is cancelled under this section.

Compare: 1989 No 80 s 129

363 Determining whether employment satisfactorily completed

(1)

In determining whether a period of employment was satisfactorily completed by a person, the Education Council may take into account any relevant matters.

(2)

In determining whether a period of employment at a school, early childhood service, or other educational institution in New Zealand was satisfactorily completed by a person, the Education Council may take into account—

(a)

the views of the professional leader of the school, early childhood service, or other educational institution; or

(b)

if the person was the professional leader of a school, early childhood service, or other educational institution, the views of his or her employer.

(3)

Subsection (2) does not affect the generality of subsection (1).

Compare: 1989 No 80 s 125

364 Fees and costs for registration and practising certificates

(1)

The Education Council may, by notice in the Gazette, fix fees for registration as a teacher or for the issue of practising certificates, and different fees may be fixed—

(a)

in respect of registration effected in different circumstances; and

(b)

for practising certificates of different kinds.

(2)

A notice under subsection (1)—

(a)

is a disallowable instrument for the purposes of the Legislation Act 2012; and

(b)

must be published on a website maintained by the Education Council; and

(c)

must state where printed copies of it are available free.

(3)

The Education Council must make printed copies of every notice under subsection (1) that is in force available free at the place stated in it.

(4)

Despite anything in this Act, the Education Council may refuse to register a person as a teacher or issue a practising certificate until the appropriate fee has been paid.

(5)

If the Education Council cancels a teacher’s registration, it may, by written notice to the teacher, require the teacher to pay the Education Council any reasonable costs specified in the notice that were incurred by the Education Council in dealing with the proposal to cancel the registration or with the cancellation itself.

(6)

The Education Council may recover from a teacher as a debt due to it costs required under subsection (5) to be paid to the Education Council by the teacher.

Compare: 1989 No 80 s 136

Limited authority to teach

365 Purpose of limited authority to teach

The purpose of granting a limited authority to teach is to enable employers to have access to skills that are in short supply and to enable those with specialist skills but not a teaching qualification to teach.

Compare: 1989 No 80 s 130A

366 Limited authority to teach

(1)

Any person may apply to the Education Council, on a form provided by it for the purpose, for a limited authority to teach.

(2)

The Education Council must grant a limited authority to teach if it considers that the applicant is of a suitable disposition and—

(a)

the applicant has the skills and experience appropriate to advance the learning of a student or group of students; or

(b)

the applicant has the skills that are in short supply.

(3)

A person who has previously been authorised may be authorised again, whether before or after the expiry or cancellation of the previous authorisation.

(4)

In this section, suitable disposition, in relation to an applicant, means the applicant—

(a)

is of good character and fit to hold a limited authority to teach; and

(b)

either—

(i)

has not been convicted of a specified offence as defined in section 23(1) of the Vulnerable Children Act 2014; or

(ii)

has been granted an exemption under section 35 of the Vulnerable Children Act 2014 in respect of every conviction for a specified offence as defined in section 23(1) of that Act.

Compare: 1989 No 80 s 130B

367 Cancellation of limited authority to teach

(1)

The Education Council must cancel a person’s limited authority to teach if—

(a)

the Education Council is satisfied on reasonable grounds that the person no longer satisfies the requirements for holding a limited authority to teach (as set out in section 366(2)); or

(b)

the Education Council is satisfied on reasonable grounds that the authorisation was granted by mistake or obtained by fraud; or

(c)

the Disciplinary Tribunal has ordered, under section 404(1)(g), that the limited authority to teach be cancelled; or

(d)

the Education Council has determined, under section 412, that the limited authority to teach be cancelled.

(2)

The Education Council may not cancel a person’s limited authority to teach under subsection (1)(a) or (b) without first—

(a)

taking all reasonable steps to ensure that the person is given notice of the reasons for the proposed cancellation; and

(b)

giving the person a reasonable opportunity to make submissions and be heard, either in person or by counsel or other representative, on the proposed cancellation.

(3)

The fact that a person’s limited authority to teach has been cancelled does not prevent the person from again being given a limited authority to teach.

(4)

The Education Council must take all reasonable steps to ensure that employers are informed of, and may make public on its Internet site, the name of every person whose limited authority to teach is cancelled—

(a)

under this section; or

(b)

as a result of the Education Council refusing to grant a limited authority to teach on the ground that the person is not of good character or is not fit to hold a limited authority to teach.

Compare: 1989 No 80 s 130G

368 Determining character or fitness to hold limited authority to teach

(1)

In determining whether a person is of good character or is fit to hold a limited authority to teach, the Education Council—

(a)

must take into account and give due weight to—

(i)

any relevant skills and experience of the applicant; and

(ii)

any other relevant matters; and

(b)

if the applicant is currently employed as the professional leader of a school, early childhood service, or other educational institution, must take into account and give due weight to the views of his or her employer; and

(c)

if the applicant is currently employed at a school, early childhood service, or other educational institution, but not as its professional leader, must take into account and give due weight to the views of the professional leader of the school, service, or institution.

(2)

For the purpose of determining whether a person is of good character and fit to hold a limited authority to teach, the Education Council must obtain a Police vet of the person.

(3)

Subsection (1) does not limit any other matters that the Education Council may take into account in determining good character and fitness to hold a limited authority to teach.

Compare: 1989 No 80 s 130C

369 Appeals from decisions

(1)

Any person who is dissatisfied with all or any part of a decision of the Education Council under section 368 (whether a decision to act or a decision to refuse to act) may, within 28 days of receiving notice of the decision from the Education Council or any longer period the court (on application made before or after the end of the period) allows, appeal against the decision to the District Court.

(2)

Section 356(2) to (6) applies to every appeal under subsection (1) of this section as if it were an appeal under section 356(1).

Compare: 1989 No 80 s 130D

370 Period of authorisation

(1)

Subject to subsection (2), a person’s authorisation expires after 3 years.

(2)

Notwithstanding subsection (1), the Education Council may grant the authorisation for a period of less than 3 years.

Compare: 1989 No 80 s 130E

371 Education Council to keep list of persons who have limited authority to teach

(1)

For the purposes of this Part, the Education Council must keep a list of persons who have a limited authority to teach.

(2)

If the Education Council is satisfied that any of the information contained in the list is incorrect, the Education Council must ensure that the information is corrected.

(3)

The Education Council may annotate the list following—

(a)

an interim suspension under section 402(2); or

(b)

an action by a disciplinary body under section 401, 404, or 412.

(4)

In the case where the list is annotated following an interim suspension, the annotation must be removed or corrected as soon as practicable after the matter is concluded (as specified in section 403(6)).

Compare: 1989 No 80 s 130F

372 Fees and costs for granting limited authority to teach

(1)

The Education Council may, by notice in the Gazette, fix fees for the granting of a limited authority to teach.

(2)

A notice under subsection (1)—

(a)

is a disallowable instrument for the purposes of the Legislation Act 2012; and

(b)

must be published on a website maintained by the Education Council; and

(c)

must state where printed copies of it are available free.

(3)

The Education Council must make printed copies of every notice under subsection (1) that is in force available free at the place stated in it.

(4)

Despite anything in this Act, the Education Council may refuse to grant any person a limited authority to teach until the appropriate fee has been paid.

(5)

If the Education Council cancels a limited authority to teach, it may, by written notice to the person concerned, require the person to pay the Education Council any reasonable costs specified in the notice that were incurred by the Education Council in dealing with the proposal to cancel the authorisation or with the cancellation itself.

(6)

The Education Council may recover from any person as a debt due to it costs required by subsection (5) to be paid to the Education Council by that person.

Compare: 1989 No 80 s 130H

Miscellaneous provisions

373 Education Council may disclose certain information

If the management of any registered early childhood centre that is not an early childhood education and care service asks the Education Council for information about any person who is a prospective employee, the Education Council may—

(a)

make any inquiry about that person that it might have made if that person had applied for registration as a teacher; and

(b)

disclose to the management any information it holds or has obtained about that person.

Compare: 1989 No 80 s 135A

374 Offences

(1)

Every person commits an offence, and is liable on conviction to a fine not exceeding $2,000, who—

(a)

makes to the Education Council any statement as to any person’s qualifications or experience that would amount to perjury if made on oath in judicial proceedings; or

(b)

not being a registered teacher, uses, or permits to be used, in connection with the person’s name or business, the words “registered teacher”, or any words or initials intended or likely to make any other person believe that the person is a registered teacher; or

(c)

wilfully makes, or causes to be made, a false entry in or falsification of the register or a practising certificate; or

(d)

falsely represents a document that is not a practising certificate to be a practising certificate; or

(e)

falsely represents a document that is not a limited authority to teach to be a limited authority to teach; or

(f)

is appointed to or continues to be employed in a position, knowing that the appointment or employment is contrary to section 349 or 350; or

(g)

being the employer of a person to whom section 351(1) applies, fails or refuses to ensure that the person does not carry out any of the duties of the teaching position in which he or she is employed; or

(h)

being the employer of a person to whom section 351(1) applies, fails or refuses to take all reasonably practicable steps to ensure that the person does not undertake any activities that might bring him or her into contact with students enrolled at the school or, as the case may be, children who attend the service; or

(i)

being a person to whom section 351(1) applies, carries out any of the duties of the teaching position in which he or she is employed; or

(j)

being a person who holds neither a practising certificate nor a limited authority to teach, in any calendar year continues in the employment of an employer (other than a sponsor) in a teaching position after the sum of the following periods is 20 half-days, or any greater number of half-days the Education Council has allowed that person (each being a half-day on which a school or an early childhood education and care service at which the person was then employed was open for instruction):

(i)

the period or periods for which that person has already during that year been employed by the employer in a teaching position or teaching positions; and

(ii)

any period or periods for which that person has already during that year been employed by any other employer in a teaching position or teaching positions; and

(iii)

any period or periods for which that person has during that year been employed as a teacher by the employer at an early childhood education and care service; or

(k)

being a person who holds neither a practising certificate nor a limited authority to teach, in any calendar year continues in the employment of the employer at an early childhood education and care service as a teacher after the sum of the following periods is 20 half-days, or any greater number of half-days the Education Council has allowed that person (each being a half-day on which an early childhood education and care service or a school at which the person was then employed was open for instruction):

(i)

the period or periods for which that person has already during that year been employed by the employer as a teacher; and

(ii)

any period or periods for which that person has already during that year been employed by an employer at any other early childhood education and care service as a teacher; and

(iii)

any period or periods for which that person has during that year been employed in a teaching position by the employer at a State school.

(2)

Every person commits an offence, and is liable on conviction to a fine not exceeding $5,000, who appoints any person to a position, or continues to employ any person in a position, knowing that the appointment or employment is contrary to section 349 or 350.

Compare: 1989 No 80 s 137

375 Periods of registration before commencement of this section

This Part applies to any period of registration as a teacher under the Education Act 1964 before the commencement of this section as if it were a period of registration under this Part.

Part 32 Education Council

376 Purpose of Part

The purpose of this Part is to establish an Education Council.

Compare: 1989 No 80 s 139AA

377 Purpose of Education Council

The purpose of the Education Council is to ensure safe and high quality leadership, teaching, and learning for children and young people in early childhood, primary, secondary, and senior secondary schooling in English medium and Māori medium settings through raising the status of the profession.

Compare: 1989 No 80 s 139AA

378 Interpretation

(1)

In this Part, unless the context otherwise requires,—

authorised person means the holder of an authority

authority means a limited authority to teach granted under Part 31

Complaints Assessment Committee means the Complaints Assessment Committee established by rules

disciplinary body means either or both of the Complaints Assessment Committee and the Disciplinary Tribunal

Disciplinary Tribunal means the Disciplinary Tribunal established by rules

rules means rules made under section 388

serious misconduct means conduct by a teacher—

(a)

that—

(i)

adversely affects, or is likely to adversely affect, the well-being or learning of 1 or more students; or

(ii)

reflects adversely on the teacher’s fitness to be a teacher; or

(iii)

may bring the teaching profession into disrepute; and

(b)

that is of a character or severity that meets the Education Council’s criteria for reporting serious misconduct

teacher includes—

(a)

a registered teacher; and

(b)

a former registered teacher; and

(c)

an authorised person; and

(d)

a former authorised person.

(2)

Terms used in this Part that are defined in section 348 have the meanings given to them by that section.

Compare: 1989 No 80 s 139AB

Education Council

379 Education Council of Aotearoa New Zealand established

(1)

The Education Council of Aotearoa New Zealand (the Education Council) is established.

(2)

The Education Council is a body corporate with perpetual succession and is capable of—

(a)

holding real and personal property; and

(b)

suing and being sued; and

(c)

otherwise doing and suffering all that bodies corporate may lawfully do and suffer.

(3)

Schedule 21 applies to the Education Council.

Compare: 1989 No 80 s 139AC

380 Composition of Education Council

(1)

The Education Council must have 9 members appointed in accordance with clause 1 of Schedule 21.

(2)

The Minister must appoint 1 of the members appointed under subsection (1) as chairperson, and that person holds office for the period specified in clause 5 of Schedule 21.

(3)

The term of office of every member is up to 3 years and members may be reappointed for 2 more terms of up to 3 years each.

(4)

Despite subsection (3),—

(a)

to provide for the staggered turnover of members, the Minister may specify, when appointing members to hold office, different terms of office for members:

(b)

every member continues in office until his or her successor comes into office.

Compare: 1989 No 80 s 139AD

381 Duties of members of Education Council

The collective and individual duties of members of the Education Council are set out in clauses 7 and 8 of Schedule 21.

382 Functions of Education Council

(1)

The functions of the Education Council are as follows:

(a)

to provide leadership to teachers and direction for the education profession:

(b)

to enhance the status of teachers and education leaders:

(c)

to identify and disseminate best practice in teaching and leadership and foster the education profession’s continued development in light of research, and evidence of changes in society and technology:

(d)

to carry out the functions under Part 31 relating to teacher registration:

(e)

to establish and maintain any criteria for teacher registration under Part 31 that the Education Council considers necessary or desirable:

(f)

to establish and maintain standards for qualifications that lead to teacher registration:

(g)

to conduct, in conjunction with quality assurance agencies, approvals of teacher education programmes:

(h)

to establish and maintain—

(i)

standards for ongoing practice; and

(ii)

criteria for the issue of practising certificates of different kinds:

(i)

to ensure that appraisals made by professional leaders for the issue and renewal of practising certificates achieve a reasonable and consistent standard, by auditing and moderating the appraisals made for at least 10% of the practising certificates issued or renewed in each year:

(j)

to establish and maintain a code of conduct for teachers under section 387:

(k)

to monitor and enforce the requirements relating to mandatory reporting in this Part and Part 31:

(l)

to perform the disciplinary functions in this Part relating to teacher misconduct and reports of teacher convictions:

(m)

to set the criteria for reporting serious misconduct and for reporting on competence issues:

(n)

to perform the functions in this Part relating to teacher competence:

(o)

to co-ordinate a system providing for the vetting by the Police of all teachers:

(p)

to perform any other functions conferred on it by this Act or any other enactment.

(2)

The functions specified in subsection (1)(e) and (h) must be performed as soon as practicable but no later than 2 years after the date of commencement of this section.

(3)

When performing its functions and exercising its powers, the Education Council must act in accordance with the rules of natural justice.

Compare: 1989 No 80 s 139AE

383 Powers of Education Council

(1)

The Education Council may, by notice in the Gazette, fix fees for all or any of the following:

(a)

any addition or alteration to a person’s registration as a teacher:

(b)

any addition or alteration to a person’s limited authority to teach:

(c)

any addition or alteration to a person’s practising certificate:

(d)

inspection of the register of registered teachers or any other register or any other documents kept by the Education Council that are open to inspection:

(e)

the supply of a copy of any entry in a register or other document referred to in paragraph (d):

(f)

the provision of professional leadership:

(g)

costs relating to the performance of disciplinary functions:

(h)

any other matter for which this Act provides that the Education Council may charge fees.

(2)

A notice under subsection (1)—

(a)

is a disallowable instrument for the purposes of the Legislation Act 2012; and

(b)

must be published on a website maintained by the Education Council; and

(c)

must state where printed copies of it are available free.

(3)

The Education Council must make printed copies of every notice under subsection (1) that is in force available free at the place stated in it.

(4)

The Education Council may charge a fee for anything that it has fixed a fee for under subsection (1).

(5)

The Education Council may also charge for any goods or services it provides in accordance with its functions.

(6)

The Education Council may, by written notice to a governing body, require the governing body to give the Education Council, within a time specified in the notice, any information specified in the notice, and the governing body must within that time give the Education Council in writing all information so required that is reasonably necessary or desirable for the Education Council to have for the proper administration of this Part and Part 31.

(7)

The Education Council has all other powers conferred by this Act or reasonably necessary to enable it to perform its functions.

(8)

For the purposes of subsection (6), governing body means the board of any State school or the sponsor of any partnership school kura hourua or a service provider who operates any licensed early childhood service (within the meaning of section 309) or any certificated playgroup or managers of any school registered under section 35A.

Compare: 1989 No 80 s 139AF

384 Ministerial powers

(1)

For the purpose of ascertaining whether the Education Council is complying, or has complied, with the provisions of this Part and Part 31, the Minister may commission an independent audit of the conduct of the Education Council’s functions.

(2)

The Minister may, by written notice to the Education Council, require the Education Council to provide to the Minister any financial, statistical, or other information, including information relating to the performance of the functions of the Education Council or any of its committees.

Compare: 1989 No 80 s 139AG

385 Reports

(1)

At least every 3 years, following consultation with teachers, the Government, and the public, the Education Council must publish a report setting out its strategic direction for the next 5 years.

(2)

The Education Council must present to the House of Representatives an annual report on its operations, including, but not limited to, the audited financial statements of the Education Council.

386 Advisory boards

The Education Council may establish advisory boards for specific aspects of its operation or for particular issues as it sees fit.

387 Code of conduct

(1)

The Education Council must, as soon as practicable but not later than 2 years after the date of commencement of this section, establish and maintain a code of conduct for teachers.

(2)

When preparing the code of conduct (and any amendments to it), the Education Council—

(a)

must take all reasonable steps—

(i)

to consult those who will be bound by it; and

(ii)

to consult the State Services Commissioner; and

(b)

must have regard to any relevant minimum standards of integrity and conduct or code of conduct that the State Services Commissioner sets or issues under section 57 of the State Sector Act 1988.

(3)

The code of conduct must be signed by the chairperson of the Education Council, and—

(a)

notice of it must be given in the Gazette; and

(b)

the notice must say where copies of the code may be obtained free of charge; and

(c)

the notice must give the date on which the code comes into force, which must be a date on or after the date of the Gazette notice; and

(d)

the Education Council must take all reasonable steps to ensure that those bound by the code are aware of its existence and are able to obtain copies of it, including (but not limited to) publishing the code on its Internet site.

(4)

The Education Council may amend the code of conduct, and every amendment—

(a)

must be notified in the Gazette; and

(b)

forms part of the code on the date specified in the notice as the date on which it will come into force.

(5)

The code of conduct, and every amendment of it, is a disallowable instrument for the purposes of the Legislation Act 2012.

(6)

The code of conduct prepared under this section is binding on all teachers who hold a practising certificate and on all authorised persons.

(7)

The code of ethics that the New Zealand Teachers Council prepared and that was in existence immediately before the commencement of this section is to be treated as the code of conduct prepared under this section until a code of conduct is prepared in accordance with subsection (1).

Compare: 1989 No 80 s 139AI

388 Education Council to make rules

(1)

The Education Council must, as soon as practicable after the commencement of this section, make rules providing for—

(a)

a Complaints Assessment Committee to—

(i)

investigate complaints of misconduct about, and reports of convictions of, teachers; and

(ii)

carry out any other function, and exercise any power, given under this Act or delegated to it by the Education Council; and

(b)

a Disciplinary Tribunal to conduct hearings relating to misconduct by, and convictions of, individual teachers, and to exercise the powers given under this Act; and

(c)

the practices and procedures of the disciplinary bodies; and

(d)

the procedures of the Education Council for dealing with reports received under the mandatory reporting provisions in sections 392 to 395 and 397; and

(e)

the procedures relating to Police vetting, and in particular the rights of persons who are vetted.

(2)

The Education Council may make rules for any other purpose relating to the performance of its functions.

(3)

When preparing rules (and any amendments to them), the Education Council must take all reasonable steps to consult with those affected by the rules.

(4)

When rules are made under this section,—

(a)

notice of them must be given in the Gazette; and

(b)

the notice must say where copies of the rules may be obtained free of charge; and

(c)

the notice must give the date on which the rules come into force, which must be a date on or after the date of the Gazette notice; and

(d)

the Education Council must take all reasonable steps to ensure that those affected by the rules are aware of their existence and are able to obtain copies of them.

(5)

Rules made under this section are a legislative instrument and a disallowable instrument for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.

Compare: 1989 No 80 s 139AJ

389 Delegations

(1)

The Education Council may delegate any of its powers (other than this power of delegation), either generally or specifically, as it sees fit.

(2)

Despite subsection (1), the Education Council may not delegate its powers—

(a)

to appoint a chief executive:

(b)

to make rules:

(c)

relating to voluntary deregistration:

(d)

relating to cancellation of registration, practising certificates, or limited authorities to teach:

(e)

to establish and maintain a code of conduct for teachers under section 387.

Compare: 1989 No 80 s 139AJA

390 Chief executive and employees

(1)

The Education Council may appoint a chief executive and any other employees it thinks necessary for the efficient performance of its functions.

(2)

No person appointed under subsection (1) may be a member of the Education Council.

Compare: 1989 No 80 s 139AJB

391 Superannuation

(1)

Any person who, immediately before becoming an employee of the Education Council, is a contributor to the Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 or to the State Sector Retirement Savings Scheme is for the purpose of that Act treated as being employed in the Government service so long as he or she continues to be an employee of the Education Council.

(2)

The Government Superannuation Fund Act 1956 applies to the person in all respects as if the person’s service as an employee of the Education Council were government service.

(3)

Nothing in subsection (1) entitles a person to become a contributor to the Government Superannuation Fund or to the State Sector Retirement Savings Scheme if the person has ceased to be a contributor.

(4)

For the purpose of applying the Government Superannuation Fund Act 1956, the chief executive of the Education Council is the controlling authority.

Compare: 1989 No 80 s 139AJC

Mandatory reporting

392 Mandatory reporting of dismissals and resignations

(1)

When an employer dismisses a teacher for any reason, the employer must immediately report the dismissal to the Education Council.

(2)

If, within the 12 months before the resignation of a teacher from a teaching position (including a fixed-term position) or the expiry of the term of a teacher’s fixed-term position, the teacher’s employer had advised the teacher that it was dissatisfied with, or intended to investigate, any aspect of the teacher’s conduct, or the teacher’s competence, the employer must, immediately after the resignation or expiry, report it to the Education Council.

(3)

Every report under this section must be in writing and must include,—

(a)

in the case of a report of dismissal, the reason for the dismissal; and

(b)

in the case of a report of a resignation or expiry,—

(i)

a description of the conduct or competence issues that the employer was concerned about; and

(ii)

a report of what action (if any) the employer took with respect to the issues.

Compare: 1989 No 80 s 139AK

393 Mandatory reporting of complaints received about former employees

(1)

The former employer of a teacher must immediately report to the Education Council if, within 12 months after a teacher ceases to be employed by the employer, the employer receives a complaint about the teacher’s conduct or competence while he or she was an employee.

(2)

Every report under this section must be in writing, and must include,—

(a)

in the case of an oral complaint, a description of aspects of the teacher’s conduct or competence complained of; and

(b)

in the case of a written complaint, a copy of the complaint; and

(c)

a report of what action (if any) the employer took with respect to the matters complained of.

Compare: 1989 No 80 s 139AL

394 Mandatory reporting of possible serious misconduct

(1)

The employer of a teacher must immediately report to the Education Council if it has reason to believe that the teacher has engaged in serious misconduct.

(2)

Every report under this section must—

(a)

be in writing; and

(b)

include a description of the conduct of the teacher that the employer believes to be serious misconduct; and

(c)

include a description of what action (if any) the employer has taken in relation to it.

Compare: 1989 No 80 s 139AM

395 Mandatory reporting of failure to reach required level of competence

(1)

The employer of a teacher must immediately report to the Education Council if it is satisfied that, despite undertaking competency procedures with the teacher, the teacher has not reached the required level of competence.

(2)

Every report under this section must—

(a)

be in writing; and

(b)

include a description of the competence issues leading to the report; and

(c)

include a description of the action that the employer has taken in relation to it.

Compare: 1989 No 80 s 139AN

396 Offence of failing to report

(1)

An employer or a former employer commits an offence and is liable on conviction to a fine not exceeding $25,000 if it fails without reasonable justification to report to the Education Council in relation to any matter of conduct as required under section 392, 393, or 394.

(2)

An employer or a former employer commits an offence and is liable on conviction to a fine not exceeding $5,000 if it fails without reasonable justification to report to the Education Council in relation to any matter of competence as required under section 392, 393, or 395.

Compare: 1989 No 80 s 139AO

397 Mandatory reporting of convictions

(1)

Every holder of a practising certificate and every authorised person who is convicted of an offence punishable by imprisonment for 3 months or more must, within 7 days of conviction, report the conviction to the Education Council.

(2)

Failure to report a conviction to the Education Council in accordance with subsection (1) is misconduct that may give rise to disciplinary proceedings.

(3)

The Registrar of every court must, unless the court expressly orders otherwise, report to the Education Council when a person whom the Registrar believes to be, or to have been, a teacher is convicted of an offence punishable by imprisonment for 3 months or more.

(4)

If the Registrar has reported a conviction to the Education Council under subsection (3), then, if that conviction is subsequently quashed, the Registrar must notify the Education Council of that fact.

Compare: 1989 No 80 s 139AP

Disciplinary functions

398 Disciplinary bodies

(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 operate in panels, and more than 1 panel of each body may operate at any one time.

(3)

The Disciplinary Tribunal must include at least 1 person who is selected from a list, prepared by the Minister after consultation with the Education Council, of people who are not teachers, employers, or members of an employing body.

(4)

The majority of members on the Disciplinary Tribunal, and on every panel of the Disciplinary Tribunal, must be registered teachers.

(5)

No member of the Complaints Assessment Committee may be a member of the Disciplinary Tribunal.

(6)

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.

(7)

When performing their functions and exercising their powers, the disciplinary bodies must act in accordance with the rules of natural justice.

Compare: 1989 No 80 s 139AQ

399 Complaints about conduct

(1)

A person who wishes to make a complaint about the conduct of a teacher, including complaints about possible breaches of the code of conduct prepared by the Education Council under section 387, must first make the complaint to the teacher’s employer, unless one of the circumstances in subsection (2)(a) to (d) applies.

(2)

Any person (including a parent, employer, or member of the Education Council) may, at any time, make a written complaint to the Education Council about the conduct of a teacher—

(a)

if the complaint is about a teacher who is not currently employed by an employer; or

(b)

if the complainant considers, on reasonable grounds, that the employer will not be able to deal with the complaint effectively because of an actual or perceived conflict of interest; or

(c)

if the complaint has been made to the employer, but the complainant is not satisfied with the way in which the complaint is being, or was, dealt with; or

(d)

in any other exceptional circumstance.

(3)

A complaint under this section by an employer or former employer must include a report of any action that the employer or former employer has taken in relation to it.

Compare: 1989 No 80 s 139AR

400 Complaints and reports relating to teacher conduct

(1)

The Education Council may refer to the Complaints Assessment Committee—

(a)

any report received by it under any of sections 392 to 394 and 397 that relates to teacher conduct; and

(b)

any complaint received by it under section 399.

(2)

The Education Council may refer to the Complaints Assessment Committee any matters that relate to teacher conduct of its own motion as it sees fit.

(3)

In relation to a complaint received under section 399 from a person other than the current employer of the teacher concerned,—

(a)

if the Complaints Assessment Committee considers that the complaint should have been sent first to the teacher’s employer or former employer, it must refer the matter to the employer or former employer; and

(b)

if the teacher is currently employed by an employer and it has not already referred the matter to the employer under paragraph (a), it must notify the employer that it has received a complaint about the teacher.

(4)

An employer to whom a complaint is referred under subsection (3), or who is required to provide information in the course of an investigation by the Complaints Assessment Committee, must report to the Complaints Assessment Committee as required by it.

Compare: 1989 No 80 s 139AS

401 Powers of Complaints Assessment Committee

(1)

The Complaints Assessment Committee may investigate any report, complaint, or matter referred to it under section 400.

(2)

Following an investigation, the Complaints Assessment Committee may do 1 or more of the following:

(a)

resolve to take the matter no further:

(b)

refer the teacher concerned to a competency review:

(c)

refer the teacher concerned to an impairment process, which may involve either or both of the following:

(i)

assessment of an impairment:

(ii)

assistance with an impairment:

(d)

if there has been made a finding of misconduct that is not serious misconduct, by agreement with the teacher and the person who made the complaint or report or referred the matter, do 1 or more of the following:

(i)

censure the teacher:

(ii)

impose conditions on the teacher’s practising certificate or authority, such as (without limitation) requiring the teacher to undergo supervision or professional development:

(iii)

suspend the teacher’s practising certificate or authority for a specified period, or until specified conditions are met:

(iv)

annotate the register or the list of authorised persons in a specified manner:

(v)

direct the Education Council to impose conditions on any subsequent practising certificate issued to the teacher.

(3)

The Complaints Assessment Committee may, at any time, refer a matter to the Disciplinary Tribunal for a hearing.

(4)

The Complaints Assessment Committee must refer to the Disciplinary Tribunal any matter that the Committee considers may possibly constitute serious misconduct.

(5)

When a matter is referred to the Disciplinary Tribunal under subsection (4), a notice must be sent to the teacher concerned setting out the charge of misconduct against him or her.

(6)

Any person authorised by the Complaints Assessment Committee may require an employer, a former employer, or a government agency to provide information that the person considers necessary for the purposes of an investigation under this section.

Compare: 1989 No 80 s 139AT

402 Interim suspension until matter about or involving possible serious misconduct concluded

(1)

At any time between when the Complaints Assessment Committee receives a complaint or receives or becomes aware of a report that is about or involves a teacher’s possible serious misconduct and when the matter is concluded (as specified in section 403(6)), the Complaints Assessment Committee may apply to the chairperson of the Disciplinary Tribunal for an interim suspension of the teacher’s practising certificate or authority.

(2)

On an application under subsection (1) for an interim suspension, the chairperson of the Disciplinary Tribunal may, having regard primarily to the safety of the children in the school or early childhood education and care service and to the reputation of the teaching profession, either with or without a hearing, suspend the teacher’s practising certificate or authority.

Compare: 1989 No 80 s 139AU

403 Duration of interim suspension

(1)

The duration of an interim suspension under section 402 is initially until the earliest of the following occurs:

(a)

the expiry of a period specified by the chairperson of the Disciplinary Tribunal at the time the interim suspension commences:

(b)

the expiry of a period specified by the chairperson of the Disciplinary Tribunal after the interim suspension commences:

(c)

any conditions specified by the chairperson of the Disciplinary Tribunal are met:

(d)

the interim suspension is otherwise lifted or revoked, for example, as the result of a review under subsection (2).

(2)

The chairperson of the Disciplinary Tribunal must review his or her initial interim suspension decision if the teacher—

(a)

requests him or her to do so at any time during the initial interim period of suspension; and

(b)

provides a written explanation or statement in support of the request.

(3)

The Disciplinary Tribunal may renew an interim suspension under section 402 for further successive periods specified by the chairperson of the Disciplinary Tribunal, if, at the end of the relevant period of interim suspension,—

(a)

the matter has not been concluded; and

(b)

the interim suspension has not been otherwise lifted or revoked, for example, as the result of an appeal against it under subsection (4).

(4)

A teacher whose practising certificate or authority is subject to an interim suspension under section 402 that is renewed under subsection (3) may, at any time during a further period of interim suspension, appeal the interim suspension to the Disciplinary Tribunal at a hearing, if he or she believes that there is an unreasonable delay in concluding the matter.

(5)

A hearing under subsection (4) is a hearing before the Disciplinary Tribunal, and sections 405 to 409 apply to it.

(6)

For the purposes of this section and sections 359(4) and 402(1), a matter is concluded when the later of the following occurs in relation to the complaint or report:

(a)

the Complaints Assessment Committee has carried out whatever action it decides to take under section 401(2):

(b)

the Disciplinary Tribunal has carried out whatever action it decides to take under section 404(1), if the Complaints Assessment Committee has referred the matter to the Disciplinary Tribunal under section 401(3) or (4).

Compare: 1989 No 80 s 139AUA

404 Powers of Disciplinary Tribunal

(1)

Following a hearing of a charge of serious misconduct, or a hearing into any matter referred to it by the Complaints Assessment Committee, the Disciplinary Tribunal may do 1 or more of the following:

(a)

any of the things that the Complaints Assessment Committee could have done under section 401(2):

(b)

censure the teacher:

(c)

impose conditions on the teacher’s practising certificate or authority for a specified period:

(d)

suspend the teacher’s practising certificate or authority for a specified period, or until specified conditions are met:

(e)

annotate the register or the list of authorised persons in a specified manner:

(f)

impose a fine on the teacher not exceeding $3,000:

(g)

order that the teacher’s registration or authority or practising certificate be cancelled:

(h)

require any party to the hearing to pay costs to any other party:

(i)

require any party to pay a sum to the Education Council in respect of the costs of conducting the hearing:

(j)

direct the Education Council to impose conditions on any subsequent practising certificate issued to the teacher.

(2)

Despite subsection (1), following a hearing that arises out of a report under section 397 of the conviction of a teacher, the Disciplinary Tribunal may not do any of the things specified in subsection (1)(f), (h), or (i).

(3)

A fine imposed on a teacher under subsection (1)(f), and a sum ordered to be paid to the Education Council under subsection (1)(i), are recoverable as debts due to the Education Council.

Compare: 1989 No 80 s 139AW

405 Evidence at Disciplinary Tribunal hearings

(1)

The Disciplinary Tribunal may—

(a)

receive evidence on oath (and for that purpose an officer or employee of the Education Council may administer an oath); and

(b)

permit a person appearing as a witness before it to give evidence by written statement and verify that statement by oath.

(2)

A hearing before the Disciplinary Tribunal is a judicial proceeding for the purposes of section 109 of the Crimes Act 1961 (which relates to punishment for perjury).

(3)

Except as provided in subsections (4) to (6), every hearing of the Disciplinary Tribunal must be held in public.

(4)

If the Disciplinary Tribunal is of the opinion that it is proper to do so, having regard to the interest of any person (including (without limitation) the privacy of the complainant (if any)) and to the public interest, it may hold a hearing or part of a hearing in private.

(5)

The Disciplinary Tribunal may, in any case, deliberate in private as to its decision or as to any question arising in the course of a hearing.

(6)

If the Disciplinary Tribunal is of the opinion that it is proper to do so, having regard to the interest of any person (including (without limitation) the privacy of the complainant (if any)) and to the public interest, it may make any 1 or more of the following orders:

(a)

an order prohibiting the publication of any report or account of any part of any proceedings before it, whether held in public or in private:

(b)

an order prohibiting the publication of the whole or any part of any books, papers, or documents produced at any hearing:

(c)

an order prohibiting the publication of the name, or any particulars of the affairs, of the person charged or any other person.

Compare: 1989 No 80 s 139AX

406 Powers of Disciplinary Tribunal in relation to witnesses

(1)

The Disciplinary Tribunal may require a person to do either or both of the following:

(a)

attend and give evidence at a hearing of the Disciplinary Tribunal:

(b)

produce any documents, records, or other information in his or her custody or control that relate to the subject matter of the hearing, whether specified by the Disciplinary Tribunal or not.

(2)

A requirement under subsection (1) must be in writing and signed by the chairperson of the Disciplinary Tribunal.

(3)

A person required to attend a hearing is entitled to be paid, by the party calling the person (or, if called on the volition of the Disciplinary Tribunal itself, by the Education Council), witnesses’ fees, allowances, and travelling expenses according to the scales for the time being prescribed by regulations made under the Criminal Procedure Act 2011, and those regulations apply accordingly.

Compare: 1989 No 80 s 139AY

407 Offences

(1)

A person commits an offence, and is liable on conviction to a fine not exceeding $500, who, without lawful justification, fails or refuses—

(a)

to attend and give evidence when required by the Disciplinary Tribunal; or

(b)

to answer truthfully and fully any question put to him or her by a member of the Disciplinary Tribunal; or

(c)

to produce any document, record, or other information as required by the Disciplinary Tribunal.

(2)

A person commits an offence, and is liable on conviction to a fine not exceeding $1,000, if, without lawful excuse, he or she breaches an order made by the Disciplinary Tribunal under section 405(6).

Compare: 1989 No 80 s 139AZ

408 Privileges and immunities

(1)

Every person who does any of the following has the same privileges as witnesses have in a court:

(a)

provides documents, things, or information to a disciplinary body:

(b)

produces documents or things to a disciplinary body:

(c)

gives evidence to, or answers questions from, a disciplinary body.

(2)

Every counsel appearing before a disciplinary body has the same privileges and immunities as counsel in a court.

(3)

If a person is represented at a hearing before a disciplinary body by a person other than a barrister or solicitor,—

(a)

any communications between the person and the representative in relation to the hearing are as privileged as they would have been if the representative had been a barrister or solicitor; and

(b)

the representative is treated as counsel for the purposes of subsection (2).

Compare: 1989 No 80 s 139AZA

409 Appeals

(1)

The teacher who is the subject of a decision by the Disciplinary Tribunal made under section 402(2) or 404, or a decision by the Education Council made under section 412, may appeal against that decision to a District Court.

(2)

The Complaints Assessment Committee may, with the leave of the Education Council, appeal to a District Court against a decision of the Disciplinary Tribunal made under section 402(2) or 404.

(3)

An appeal under this section must be made within 28 days after receipt of written notice of the decision, or any longer period that the court allows.

(4)

Section 356(3) to (6) applies to every appeal under this section as if it were an appeal under section 356(1).

Compare: 1989 No 80 s 139AZB

Review of competence

410 Complaints about competence

(1)

A person who wishes to make a complaint about a teacher’s competence must first make the complaint to the teacher’s employer, unless one of the circumstances in subsection (2)(a) to (d) applies.

(2)

Any person (including a parent, an employer, or a member of the Education Council) may, at any time, make a written complaint to the Education Council about the competence of a teacher—

(a)

if the complaint is about a teacher who is not currently employed by an employer; or

(b)

if the complainant considers, on reasonable grounds, that the employer will not be able to deal with the complaint effectively because of an actual or perceived conflict of interest; or

(c)

if the complaint has been made to the employer, but the complainant is not satisfied with the way in which the complaint is being, or was, dealt with; or

(d)

in any other exceptional circumstance.

(3)

The Education Council may investigate any matters that relate to teacher competence of its own motion as it sees fit.

(4)

A complaint under this section by an employer or former employer must include a description of the competence issues leading to the complaint and the actions (if any) that the employer or former employer has undertaken in relation to them.

(5)

If the Education Council considers that a complaint under this section should first have been sent to the teacher’s employer, it must refer it to the employer; and, in any other case, it must notify the employer (if the teacher is currently employed by an employer) that—

(a)

it has received a complaint about the teacher’s competence; or (as the case may be)

(b)

it is investigating the teacher’s competence of its own motion.

(6)

When the Education Council refers a complaint to an employer, the employer must report as required by the Education Council.

(7)

If the Education Council is satisfied that the employer has not responded, or has not been able to respond, to the complaint in a satisfactory way, the Education Council may investigate the complaint.

(8)

When a complaint about competence is made by a member of the Education Council, that member may not be involved in any investigation of the complaint.

Compare: 1989 No 80 s 139AZC

411 Investigation of mandatory reports about competence

(1)

When investigating a report under section 392, 393, or 395, the Education Council may require the teacher’s employer or former employer to supply information in addition to the information supplied in the report, and in that case, the employer or former employer must supply it.

(2)

When a report is made under section 392, 393, or 395 by a member of the Education Council, that member must not be involved in any investigation of the report.

Compare: 1989 No 80 s 139AZCA

412 Powers of Education Council after finding required level of competence not attained

Following an investigation of a complaint under section 410, or following receipt of a report under section 392, 393, or 395 and any investigation of the report, the Education Council may, if satisfied that the teacher has not attained the required level of competence,—

(a)

do any 1 or more of the following:

(i)

impose conditions on the teacher’s practising certificate or authority:

(ii)

refer the teacher to an impairment process, which may involve either or both of the following:

(A)

assessment of an impairment:

(B)

assistance with an impairment:

(iii)

annotate the register or the list of authorised persons in a specified manner, in relation to any action taken under subparagraph (i):

(iv)

impose conditions on any subsequent practising certificate or authority issued to the teacher; or

(b)

cancel the teacher’s practising certificate or authority.

Compare: 1989 No 80 s 139AZCB

Police vetting

413 Education Council must co-ordinate Police vetting

(1)

The Education Council must establish a system for co-ordinating Police vetting, in relation to—

(a)

teacher registration and the issue of practising certificates; and

(b)

the granting of authorities to teach.

(2)

A copy of the result of the Police vet of a person must be given to the person or body that requested it and the person who is the subject of the vet.

(3)

The Education Council must establish internal procedures for dealing with the Police vet requested for its own purposes that must, in particular,—

(a)

identify the person or office holder within the Education Council to whom the results of the Police vet must be sent; and

(b)

ensure that strict confidentiality is observed for the Police vet.

Compare: 1989 No 80 s 139AZD