Education Council Rules 2016

2016/122

Coat of Arms of New Zealand

Education Council Rules 2016

Pursuant to section 388 of the Education Act 1989, the Education Council of Aotearoa New Zealand, after consulting in accordance with subsection (3) of that section, makes the following rules.

Contents

1Title
2Commencement
3Interpretation
4Overview
5Transitional, savings, and related provisions
6Notices
7Application of this Part
8Form of report or complaint
9Criteria for reporting serious misconduct
10Application of this Part
11Investigation and referral of report or complaint by chief executive
12Notification to teacher and current employer of referral of report or complaint to Complaints Assessment Committee, competence assessor, or Education Council
13Application of this Part
14Referring reports and complaints to Complaints Assessment Committee and allocation to investigator
15Investigator to carry out investigation
16Teacher’s response to investigation report
17Meeting of Complaints Assessment Committee regarding report or complaint
18Notice of Complaints Assessment Committee’s decision
19Referral to Disciplinary Tribunal
20Notice of charge or referral
21Application of this Part
22Who conducts hearings
23Parties
24Disciplinary Tribunal regulates own procedure
25Procedural and administrative orders
26Power to amend charge or notice of referral
27Notice of hearing
28Replacement of member if conflict of interest
29Persons who may be present when hearing held in private
30Application for revocation of order prohibiting publication
31Evidence
32Powers of investigation
33Service of summons
34Special protection for certain witnesses and vulnerable people
35Orders of Disciplinary Tribunal
36Determination of application for interim suspension
37Notice of interim suspension
38Application of this Part
39Process before investigation
40Investigation by competence assessor
41Report prepared by competence assessor
42Actions following report prepared by competence assessor that recommends conditions be imposed
43Actions following report prepared by competence assessor that makes other recommendations
44Teacher’s response if report referred to Competence Authority or Education Council
45Meeting of Competence Authority
46Meeting of Education Council
47Conditions imposed
48Notice of decision of Competence Authority or Education Council
49Establishment of Complaints Assessment Committee
50Powers of Complaints Assessment Committee
51Operation of panels of Complaints Assessment Committee
52Validity of proceedings
53Establishment of Disciplinary Tribunal
54Chairperson of Disciplinary Tribunal
55Operation of panels
56Validity of proceedings
57Membership of Competence Authority
58Powers of Competence Authority
59Powers of investigators and competence assessors
60Investigators and competence assessors not personally liable and indemnity
61Term of appointment to disciplinary body or Competence Authority
62Ceasing to hold position on disciplinary body or Competence Authority
63Conflict of interest
64Confidentiality
65Procedures for Police vetting of applicants
66Rights of person being vetted in relation to personal information
67Revocations
Explanatory note
Administrative Information