Education Council Rules 2016

Reprint as at 19 May 2018

Coat of Arms of New Zealand

Education Council Rules 2016

(LI 2016/122)

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These rules are administered by the Education Council of Aotearoa New Zealand.

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
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 professional practice evaluator
41Report prepared by professional practice evaluator
42Actions following report prepared by professional practice evaluator that recommends conditions be imposed
43Actions following report prepared by professional practice evaluator that makes other recommendations
44Teacher’s response if report referred to Competence Authority
45Meeting of Competence Authority
46Replacement of member if conflict of interest
47Conditions imposed
48Notice of decision of Competence Authority
48AApplication of this Part
48BNotification of referral of application to Registration Panel
48CMeeting of Registration Panel regarding application for registration
48DReplacement of members if conflict of interest
48ENotice of Registration Panel’s decision
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 of Disciplinary Tribunal
56Validity of proceedings
57Establishment of Competence Authority
58Membership of Competence Authority
58AOperation of panels of Competence Authority
58BCo-opted members
58CValidity of proceedings
59Powers of investigators and competence assessors
60Investigators and professional practice evaluators not personally liable and indemnity
60AMembership of Registration Panel
60BPowers and functions of Registration Panel
61Term of appointment to disciplinary body, Competence Authority, or Registration Panel
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
Gazette Information
Reprint notes