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.
154 Section 412 replaced (Powers of Education Council after finding required level of competence not attained)

Replace section 412 with:

412 Powers of Competence Authority after finding required level of competence not attained

Following any investigation of a complaint or other matter by the Education Council under section 410, or of a report by the Education Council under section 411, and referral to the Competence Authority, the Competence Authority may, if satisfied that a 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)

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

(b)

order the Education Council to cancel the teacher’s registration, practising certificate, or authority.

412A Appeals from decisions of Competence Authority

(1)

A teacher who is the subject of a decision by the Competence Authority made under section 412 may appeal against that decision to a District Court.

(2)

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.

(3)

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