Education (Update) Amendment Act 2017

  • A correction has been made to section 156(2) on 19 May 2017 under section 25(1)(j)(iii) of the Legislation Act 2012.
151 New section 410AA inserted (Competence Authority)

Before section 410, insert:

410AA Competence Authority

(1)

The constitution of the Competence Authority must be set out in rules made under section 388, and those rules must be consistent with this section.

(2)

The Competence Authority may operate in panels, and more than 1 panel may operate at any one time.

(3)

The Competence Authority 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 Competence Authority, and on every panel of the Competence Authority, must hold practising certificates.

(5)

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

(6)

The rules must provide for the replacement of any member of the Competence Authority who, in relation to a particular complaint,—

(a)

made the complaint; or

(b)

is otherwise in a position of conflict of interest.

(7)

The rules must also provide for the Competence Authority to co-opt up to 2 members onto the Authority for their specialist knowledge and expertise in relation to a particular complaint.

(8)

Members co-opted onto the Competence Authority may be in addition to any limit on the number of members set in the rules.

(9)

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