All amounts payable for the expenses of the Department, and all amounts payable for such other purposes as are necessary to give effect to this Act, shall be paid out of money from time to time appropriated by Parliament for the purpose.

Grants shall be paid to Education Boards, the governing bodies of secondary schools, Teachers College Councils, the Boards of Governors of Technical Institutes, the Boards of Governors of Community Colleges, and education centre councils, for the following purposes:

There may be paid to Education Boards, the governing bodies of secondary schools, Teachers College Councils, the Boards of Governors of Technical Institutes, the Boards of Governors of Community Colleges, and education centre councils, or any of them, grants for all or any of the purposes specified in that behalf by regulations made under this Act.

The amount of any grant paid under subsection (1)(b) or subsection (2) of this section shall be calculated in a manner for the time being approved by the Minister.

Without limiting the generality of section 203 of this Act, regulations may be made under this Act specifying the conditions subject to which grants under subsection (2) of this section may be paid.

The Minister may, in accordance with regulations made under this Act, pay grants to the governing bodies of registered private schools.

Without limiting the generality of section 203 of this Act, regulations made under this Act may prescribe the purposes for which any grants made under subsection (1)(b) of this section may be spent.

Without limiting the generality of section 203 of this Act, regulations may be made under this Act in respect of any grants under subsection (5) of this section, for all or any of the following purposes:

Any Education Board, any Teachers College Council, the governing body of any secondary school, the Board of Governors of any Technical Institute, the Board of Governors of any community college, or any education centre council may, in any school year, expend for purposes not authorised by this Act or by any other enactment, any sum or sums not exceeding in the aggregate the higher of—

Without limiting section 12 of the Education Lands Act 1949, but subject to subsection (3) of this section, any Education Board, the governing body of any secondary school, any Teachers College Council, the Board of Governors of any Technical Institute, the Board of Governors of any community college, or any education centre council may—

Subject to subsection (1)(b) of this section, the Minister may, out of money appropriated by Parliament for the purpose, make advances to any body of a kind specified in that subsection.

At any meeting of a body of a kind specified in subsection (1) of this section at which any proposal is made for the borrowing of money, the following provisions shall apply:

In sections 69ab to 69al of this Act, ‘specialist institution’ means an institution that is a technical institute or community college.

It shall be lawful for the governing body of any specialist institution from time to time to enter into contracts of insurance insuring members of the governing body against loss from personal accident arising out of and in the course of the exercise of their powers or duties as members of the governing body, and to pay the premiums payable in respect of the contracts.

The governing body of any specialist institution may pay to its members travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if every such governing body were a statutory Board within the meaning of that Act:

“Provided that, where (pursuant to a resolution of the governing body) any member is making an official visit or is attending as a representative of the governing body any conference summoned or approved by the Minister, the member shall be deemed to be travelling in the service of the governing body and to be transacting business of the governing body for the purposes of that Act.

Subject to the provisions of this Act and of any regulations made thereunder, the governing body of every specialist institution—

Subject to the provisions of this Act and any regulations made thereunder, the governing body of every specialist institution may make such bylaws as are necessary or desirable to enable it to exercise the duties and functions conferred on it by this Act, and to direct and control teachers, tutors, and other officers, and the institution.

Any imprest account established by the governing body of a specialist institution as aforesaid shall be held jointly in the name of the Registrar and 2 other persons from time to time appointed in that behalf by the governing body, and may be operated on by any 2 of them. Where the Imprest Account is held jointly in the names of the Registrar and one other person as aforesaid, the last-mentioned person shall be either a responsible officer of the governing body or a member of the governing body.

Money in any such Imprest Account shall be available only for the payment of salaries, wages, and any other expenditure the governing body approves. A statement of all payments made from the Imprest Account shall be submitted to the governing body for approval at its first ordinary meeting thereafter. The payment of money out of the Imprest Account for any purpose not hereby authorised shall be deemed to be a misappropriation of the funds of the governing body.

The governing body of a specialist institution may for any particular purpose or purposes from time to time by resolution establish special committees of its members to which the governing body may delegate such of its functions and powers (other than any power under section 9ac of this Act to borrow money) in respect of those purposes as it thinks fit.

Subject to any general or special directions given or conditions attached by a governing body establishing a special committee under this section, the special committee may perform and exercise any functions and powers delegated to it in the same manner and with the same effect as if they had been conferred on it directly by this Act and not by delegation.

Any special committee purporting to act pursuant to any delegation under this section shall, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

Every delegation made to a special committee shall be revocable at will, and no delegation shall prevent the performance or exercise of any function or power by the governing body.

Until any delegation is revoked, it shall continue in force according to its tenor, notwithstanding any change in the membership of the governing body or special committee.

The governing body of a specialist institution shall provide for true and fair accounts to be kept in the manner prescribed by regulations made under this Act, or (if the manner of keeping the accounts is not so prescribed) in a manner approved by the Minister.

For the purpose of the audit of its accounts, the governing body of a specialist institution shall be deemed to be a local authority within the meaning of the definition of that term in the Public Finance Act 1977.

The governing body of every specialist institution shall cause to be forwarded to the Director-General, before the 30th day of April in each year, a report for the previous year containing a statement of accounts in the form approved by the Director-General setting out its income and expenditure for the year ending with the 31st day of December preceding, and its assets and liabilities, and such other information as the governing body may consider appropriate.

Where the governing body of a specialist institution is the governing body of more than one specialist institution, a separate report for the purposes of this section shall be forwarded in respect of each specialist institution under its control.

There shall be paid to the governing body of every specialist institution, out of money appropriated from time to time by Parliament, the sum required for the following purposes:

The Minister may, out of money appropriated for that purpose by Parliament, pay to the governing body of each specialist institution—

For the purposes of determining the grants which may be paid to a governing body under subsection (2)(c) of this section, regard shall be had only to those classes or courses that have been recognised by the Director-General pursuant to section 91 of this Act.

The Governor-General may from time to time, by Order in Council, make regulations prescribing the purposes for which all or any of the grants for general expenses payable to the governing bodies of specialist institutions in accordance with section 69ag of this Act may be expended.

Out of its income received for general expenses, the governing body of any specialist institution may, in any year ending with the 31st day of December, expend for purposes not otherwise authorised by any Act or law for the time being in force, any sum or sums not amounting in the whole to more than one percent of such portion of its income for that year as is chargeable with general expenses, nor in any case to more than such amount for each institution controlled by it as may be prescribed by regulations made under this Act.

Subject to subsection (2) of this section, the governing body of a specialist institution may, with the written approval of the Director-General, agree in writing with any person or organisation that—

and every such agreement shall have effect according to its tenor.

The Director-General shall not approve an agreement under subsection (1) of this section unless it contains provisions specifying—

and unless the Director-General is satisfied that the agreement in general, and those provisions in particular, are such that the provision of the course concerned will be in the public interest.

With the approval of the governing body of a specialist institution, all or any part of any course at the institution may be taught outside its premises.

Subject to subsection (3) of this section, the governing body of a specialist institution may award diplomas to students who have satisfactorily completed a course there.

Any such diploma may be awarded by the governing body alone, or jointly with any other person or body.

Every such diploma shall be called by a name approved by the Director-General; and no such diploma of any particular name shall be awarded to any student unless the governing body concerned is satisfied that the student has met criteria specified by the Director-General for the award of a diploma of that name.”

Subject to subsections (2) and (4) of this section, the Minister may from time to time, either separately or as part of any State primary school, secondary school, technical institute, community college, or teachers college, establish education centres and may at any time disestablish any education centre.

Before establishing an education centre, the Minister shall consult the controlling authorities of all the existing educational institutions of the classes specified in subsection (1) of this section situated in the area concerned as to whether the proposed centre should be established as part of one of those institutions or separately.

Subject to section 107b(2)(d) of this Act, an education centre may perform all or any of the following functions:

The Minister shall, before disestablishing any education centre, consult its controlling authority.

Where an education centre is established as part of a State primary school, secondary school, technical institute, community college, or teachers college,—

The Minister shall, by notice in the Gazette,—

The Minister may from time to time, by notice in the Gazette, do all or any of the following things:

Subject to subsection (5) of this section, where a substantial part of the activities of an education centre involves teachers of a particular class (that is, kindergarten teachers, primary teachers, secondary teachers, technical institute tutors, or teachers college lecturers), the committee assisting the controlling authority of which it is part or, as the case requires, its education centre council shall so be constituted as to require one member to be a teacher of that class.

Where teachers of more than 2 classes are involved in a substantial part of the activities of an education centre, subsection (4) of this section shall apply only to the 3 classes of teacher most so involved.

Every notice under this section shall have effect according to its tenor.

Every education centre council shall be a body corporate, and may hold real and personal property, and sue and be sued, and do and suffer all such things as bodies corporate may do and suffer.

Where a separately established education centre is disestablished, all the property, rights, and liabilities of its education centre council vest in the Crown.

Sections 9aa to 9ac and 61 to 67 of this Act, so far as they are applicable and with the necessary modifications, shall apply to every education centre council as if—

With the prior written consent of the Minister, given on and subject to such terms and conditions as the Minister thinks fit, any education centre council may accept money from any source and expend it for any lawfill purpose.”

The parent of a child who has not completed primary education may apply to the appropriate District Senior Inspector of Primary Schools for a certificate of exemption.

The parent of a child who has completed primary education but not attained the age of 15 years may apply to the District Senior Inspector of Secondary Schools for a certificate of exemption.

If, and only if, satisfied that the child concerned—

the District Senior Inspector concerned shall give an applicant under subsection (I) or subsection (2) of this section a certificate of exemption.

A certificate of exemption shall continue in force until revoked under this section or, in the case of a child who has not completed primary education, until one month after the child ceases to reside in the district of the Inspector who gave it.

For so long as a certificate of exemption continues in force—

A parent who is dissatisfied with a refusal to grant a certificate of exemption may appeal—

An Education Board or Regional Superintendent to which or whom an appeal is made under subsection (6) of this section shall confirm or overrule the refusal concerned; and that decision shall be final.

Every certificate of exemption shall specify the ground upon which it was given; and the inspector granting it shall forthwith send a copy to the appropriate Education Board and a copy to the Director-General.

The Education Board of the district where a child in respect of whom a certificate of exemption has been given resides may, on the advice of the appropriate District Senior Inspector, revoke the certificate.

A District Senior Inspector shall not advise the revocation of a certificate of exemption unless, after having made reasonable attempts to obtain the necessary information, the Inspector is not or no longer satisfied of whichever of the grounds specified in subsection (3) of this section the certificate was granted on.

If the Director-General considers that a child in respect of whom a certificate of exemption is in force would benefit from special education, the Director-General may, by notice in writing to the child’s parent, revoke the certificate and require the parent to enrol the child in a special school, class, or clinic, or receive special tuition or assistance from a service, established under this Act.”

Subject to the provisions of this Act, where the Director-General is satisfied (after any special examination of the child concerned that the Director-General requires by any person authorised by the Director-General for the purpose) that any child requires special tuition or assistance in a special school, class, or clinic, or from a service, established under this Act, the Director-General shall—

Subject to section 115(3) of this Act, a parent who, after the expiration of one month after the making of a requirement under subsection (1)(b) of this section, fails or refuses to comply with the requirement commits an offence, and is liable on summary conviction to the penalty prescribed by section 116 of this Act for failure to enrol a child on the register of a school.

An agreement or requirement under subsection (1) of this section shall have effect notwithstanding anything in section 129 or section 129a of this Act.

No child shall be enrolled at a special school, class, or clinic, or receive tuition or assistance from a service, established under this Act except pursuant to an agreement or requirement under subsection (1) of this section.

Subject to paragraphs (m) and (n) of subsection (6) of this section, a child’s parent may, in accordance with this section, require the reconsideration of—

Every requirement under subsection (1) of this section shall be made to the Director-General in writing within one month of the requirement or refusal concerned.

Subject to subsection (4) of this section, where a requirement is made under subsection (1) of this section in respect of a requirement by the Director-General under section 114(1)(b) of this Act,—

Where—

the Director-General’s requirement under section 114(1)(b) shall forthwith take effect; and section 114(2) of this Act shall have effect accordingly.

When a requirement under subsection (1) of this section is made, the following provisions shall apply:

When a requirement under subsection (5)(c) of this section is made, the following provisions shall apply:

There is hereby established a board to be known as the Teacher Registration Board.

The Registration Board shall comprise the following members, appointed by the Minister:

The Minister shall appoint persons to be alternates of the members of the Registration Board referred to in subsection (2) of this section; and the following provisions shall apply to each such alternate:

The Minister may by notice in writing to the organisation or organisations concerned request any organisation or, as the case requires, any 2 or more organisations jointly, to nominate persons under subsection (2) or subsection (3) of this section; and where, within 28 days of the giving of that notice—

the Minister may thereafter appoint to be a member of the Registration Board or, as the case requires, an alternate, any person the Minister thinks fit.

No person shall be deemed to be in the service of Her Majesty for the purposes of the State Services Act 1962 or the Government Superannuation Fund Act 1956 by reason only of being a member of the Registration Board.

Subject to section 131(2) of this Act and to subsection (2) of this section, any person who has attained the age of 18 years is eligible to be a member of the Registration Board.

None of the following persons is eligible to be a member of the Registration Board:

Subject to this Act, every member of the Registration Board shall be appointed for a term of 3 years but shall be eligible for reappointment from time to time.

Unless sooner vacating office under section 134 of this Act, every member of the Registration Board shall continue in office until a successor comes into office, notwithstanding that the term for which the member was appointed has expired.

Notwithstanding subsection (1) of this section, the members of the Registration Board first appointed after the commencement of this section shall be appointed for such term not exceeding 3 years as the Minister, at the time of the appointment, in each case decides.

Subject to subsection (2) of this section, any member of the Registration Board may at any time be removed from office by the Governor-General for disability, neglect of duty, or misconduct proved to the satisfaction of the Minister.

The Minister shall not recommend to the Governor-General the removal from office under subsection (1) of this section of any member of the Registration Board without first having consulted with the organisation or organisations by which the member was nominated.

Any member of the Registration Board appointed under any of paragraphs (c) to (j) of section 132(2) of this Act may at any time be removed from office by the Minister on the recommendation or, as the case may be, joint recommendation of the organisation or organisations by which the member was nominated.

Any appointed member of the Registration Board may at any time resign office by writing addressed to the Minister.

If any member of the Registration Board—

the member’s office shall become vacant and the vacancy shall be deemed to be an extraordinary vacancy.

Where an extraordinary vacancy has arisen, the Minister shall, in the same manner as the vacating member was appointed, appoint some other person to be a member of the Registration Board for the residue of the term for which the vacating member was appointed.

The powers of the Registration Board shall not be affected by any vacancy in its membership.

The first meeting of the Registration Board shall be held on a day appointed by the Minister.

Subsequent meetings of the Registration Board shall be held at such times and places as the Registration Board or its Chairperson from time to time appoints.

The Chairperson or any 3 members of the Registration may at any time call a special meeting of the Registration Board.

At any meeting of the Registration Board the quorum necessary for the transaction of business shall be 8 members.

Every question before the Registration Board shall be decided by a majority of the votes cast by the members present at the meeting.

A resolution in writing signed, or assented to by letter or telegram, by all the members of the Registration Board shall be as valid and effectual as if it had been passed at a meeting of the Registration Board duly called and constituted.

The Chairperson of the Registration Board shall preside at all meetings of the Registration Board if present.

If the Chairperson is absent from any meeting of the Registration Board the members present shall appoint one of their number to preside at the meeting.

At any meeting of the Registration Board the Chairperson or member presiding shall have a deliberative vote and, in the case of an equality of votes, shall also have a casting vote.

Subject to this Act the Registration Board may regulate its procedures in such manner as it thinks fit.

The Registration Board is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

Every member of the Registration Board, and every alternate of a member, is entitled to receive—

The Registration Board shall have all powers, rights, and authorities reasonably necessary to enable it to perform its functions under this Act.

As soon as is practicable after the 30 th day of June in every year the Registration Board shall send to the Minister—

The Minister shall, as soon as is practicable after their receipt, lay before the House of Representatives a copy of the report and recommendations.

The Registration Board shall cause to be kept a register to be called the Register of Teachers.

Any person may apply to the Registration Board for registration.

Every application shall be made in the form provided by the Registration Board for the purpose.

The Registration Board shall register every applicant for registration who satisfies it that the applicant—

The Registration Board shall register provisionally every applicant for registration who—

The Registration Board may, if it is satisfied that the circumstances of the applicant concerned so justify, register provisionally any applicant for registration—

Any person who is for the time being provisionally registered may apply to the Registration Board to be registered under subsection (1) of this section.

The provisional registration of any teacher under this section shall expire—

Subject to section 136f of this Act, no teacher shall be registered otherwise than pursuant to this section.

Where the Registration Board refuses to register any applicant for registration, it shall inform the applicant of its reasons for doing so, and that the applicant may make representations to it concerning them; and in the light of any representations the applicant makes to it, it may grant the applicant’s application.

Where the Registration Board registers provisionally an applicant from whose application it appears that the applicant wishes to be registered otherwise than provisionally, it shall—

and if, in the light of those representations, it is satisfied that the applicant should have been registered otherwise than provisionally—

Where, under this section, it is provided that a person may make representations to the Registration Board, those representations may be made—

This section applies to every person who—

Subject to section 136h of this Act, every person to whom this section applies shall be deemed to be a registered teacher.

Every year the Registration Board shall cause to be published in the Gazette—

The Registration Board may at any time cause to be published in the Gazette all or any of the following matters:

Where—

the Registration Board shall cancel the teacher’s registration.

Subject to subsection (3) of this section, where—

the Registration Board may cancel or suspend the teacher’s registration.

The Registration Board shall take no action under subsection (2) of this section in respect of any teacher until it has—

Notwithstanding subsection (3) of this section, after—

the Registration Board may, without further notice, suspend the teacher’s registration; but in that case it shall notify the teacher of its reasons for doing so.

Where—

it shall again notify the teacher under subsection (3) of this section.

Where, under this section, it is provided that a teacher may make representations to the Registration Board, those representations may be made—

Where a teacher has been charged with an offence under section 158 of this Act and has resigned or left the teacher’s position before the charge has been heard by the Disciplinary Board, the Registration Board may suspend the teacher’s registration.

The suspension of the registration of any teacher for any reason shall not prevent the later cancellation of the teacher’s registration for the same reason.

The cancellation of a teacher’s registration shall be effected by the removal from the Register of Teachers kept under section 136c of this Act of every entry that relates to the teacher.

The suspension of a teacher’s registration shall be for a period determined by the Registration Board, and shall be effected by the insertion in the Register against the entry relating to the teacher of a further entry stating that the teacher’s registration has been suspended until a specified date; and for so long as a teacher’s registration is suspended the teacher shall be deemed not to be a registered teacher.

Where the Registration Board has—

the person or teacher shall have a right to appeal against the refusal, cancellation, or suspension in accordance with Part VI of this Act.

Where under subsection (2) or subsection (4) of section 136h of this Act the Registration Board cancels or suspends the registration of any teacher, it may give any notice it thinks fit of the cancellation or suspension to any person or body by whom or by which the teacher is or has been employed.

Where an appeal against the cancellation or suspension of any teacher’s registration is successful, the Registration Board shall give, as aforesaid, notice to that effect.

The Department shall provide the Registration Board with all administrative and secretarial services necessary to enable it to exercise its functions and powers, and perform its duties, under this Act.

Subject to the provisions of this Act, no person who is not a registered teacher shall be employed, or continue to be employed, as a teacher in any kindergarten, State primary school, composite school, secondary school, or teachers college.

Subsection (1) of this section shall not apply to the employment of any person—

but nothing in this subsection shall authorise the employment or continued employment of any person—

The Registration Board may at any time, by notice in writing to the governing body of the school concerned, withdraw any approval given under this section.

Every person commits an offence against this Act, and shall be liable on summary conviction to a fine not exceeding $1,000, who—

A teacher who is charged with any offence shall, as soon as reasonably practicable after being charged, inform the teacher’s employing authority of the fact and nature of the charge.

Where a teacher is charged with an offence punishable by imprisonment for a term of 12 months or more, the teacher’s employing authority may, without hearing the teacher, at any time before the charge is determined,—

A teacher suspended or transferred under subsection (1) of this section may request the teacher’s employing authority to reconsider its decision; and in that case the following provisions shall apply:

Where an employing authority is considering—

the welfare and interests of the students attending the institution concerned shall be the paramount consideration of the employing authority.

The employing authority of a teacher suspended or transferred under subsection (1) of this section shall forthwith notify the Registration Board of—

A teacher who has been suspended under subsection (1) of this section and is acquitted of the charge in respect of which the teacher was suspended shall, unless the teacher has previously resigned or taken up another teaching position, be entitled forthwith to resume teaching duties; and in that case the employing authority shall pay to the teacher the amount (if any) by which the salary that would have been payable to the teacher during the period of suspension exceeds the sum of—

Notwithstanding anything in subsection (2) of this section, if a teacher’s employing authority directs that the teacher be suspended without all or any part of the teacher’s pay, the teacher or any person appointed to represent the teacher may within 7 days after the teacher receives notice of the direction, make oral or written representations to the authority as to why the teacher should receive full or more pay.

Within 21 days after the receipt of any representation made under subsection (6) of this section the employing authority concerned shall consider the representation and inform the teacher or the representative concerned of its decision; and if it decides that the teacher should receive full or more pay, the teacher shall be entitled to receive pay accordingly.

For the purposes of this section, ‘the relevant date’, in relation to any teacher convicted of an offence punishable by imprisonment for 12 months or more, means the later of—

Subject to subsection (3) of this section, where a teacher is convicted of an offence punishable by imprisonment for 12 months or more, the employing authority shall within 20 working days of the relevant date take one of the following steps:

Where the employing authority of a teacher convicted of an offence punishable by imprisonment for a term of 12 months or more fails to comply with subsection (2) of this section in respect of the conviction within the time specified, or informs the teacher under subsection (2)(d) of this section that it intends to take no action in respect of the conviction, it shall not thereafter be capable of dismissing or transferring the teacher because of the conviction, or of charging the teacher with a disciplinary offence in respect of any circumstance to which subsection (2)(c) of this section applies.

Notwithstanding subsection (2) of this section, where a teacher is convicted of an offence punishable by imprisonment for a term of 12 months or more, the employing authority may without hearing the teacher, suspend the teacher—

Except as provided in paragraph (b) of this subsection, no dismissal or transfer under subsection (2) of this section shall take effect until 20 working days after the employing authority’s decision; and the authority—

Every teacher commits a disciplinary offence who—

An act or omission on the part of a teacher may constitute a disciplinary offence, notwithstanding that the teacher has been acquitted or convicted of an offence in respect of the act or omission.

There is hereby established a board to be known as the Teachers’ Disciplinary Board.

The Chairperson of the Disciplinary Board shall be a barrister or solicitor of the High Court of not less than 7 years practice, appointed by the Minister, after consultation with the Minister of Justice, for a term not exceeding 3 years; but may from time to time be reappointed.

The Chairperson of the Disciplinary Board may at any time be removed from office by the Governor-General for disability, insolvency, neglect of duty, or misconduct, proved to the satisfaction of the Governor-General; and may at any time resign from office by notice in writing to the Minister.

The Minister may appoint to be Deputy Chairperson of the Disciplinary Board any person qualified to be its Chairperson; and where any person is so appointed—

When considering any matter relating to any teacher the Disciplinary Board shall comprise—

A person who is an alternate nominated under section 158b(1) of this Act,—

shall have and may exercise all the rights and powers as a member of the Disciplinary Board of the member; and while exercising any of those powers shall be deemed to be a member of the Disciplinary Board.

No person shall be deemed to be in the service of Her Majesty for the purposes of the State Services Act 1962 or the Government Superannuation Fund Act 1956 by reason only of being a member of the Disciplinary Board.

Before taking part in the consideration of any matter, each person who is a member of the Disciplinary Board, the Deputy Chairperson of the Disciplinary Board, or an alternate nominated under section 158b(1) of this Act, shall take an oath or make an affirmation before a Judge of the High Court that the person will faithfully and impartially perform the duties of the office and that, except in the discharge of the person’s duties, the person will not disclose to any person any evidence or other matter brought before the Disciplinary Board.

In the performance of its functions under this Act, the Disciplinary Board shall have the same powers as are conferred on Commissions of Inquiry by the Commissions of Inquiry Act 1908; and the provisions of that Act shall apply accordingly.

The Disciplinary Board is hereby declared to be a statutory Board within the meaning of the Fees and Travelling Allowances Act 1951.

Every member of the Disciplinary Board and every alternate appointed under section 158b(1) of this Act is entitled to receive—

The Department of Justice shall provide for the Disciplinary Board all administrative and secretarial services necessary to enable it to exercise its functions and powers and perform its duties under this Act.

Within 2 months of the commencement of section 21 of the Education Amendment Act (No. 2) 1987—

shall notify the Registrar of the name of a person whom the organisation wishes to be a member of the Disciplinary Board when it considers disciplinary offences alleged to have been committed by a teacher of that class or, as the case may be, by a teacher while employed by an employer of that class, and the name of a person whom the organisation wishes to be that first-mentioned person’s alternate.

Any such organisation as aforesaid may at any time withdraw the nomination of either of the persons for the time being nominated by it under subsection (1) of this section and nominate another person in the person’s place; and the nomination of every person under that subsection shall lapse after 3 years, but the person may from time to time be renominated.

The same person may be nominated by 2 or more classes of organisation representing teachers or 2 or more organisations representing employers of teachers.

Where, pursuant to regulations made under subsection (2) of this section, a teacher is charged with a disciplinary offence, the charge shall be dealt with by the teacher’s controlling authority unless the teacher or the authority wishes it to be dealt with by the Disciplinary Board.

Subject to subsection (1) of this section, and without limiting the generality of section 203 of this Act, the Governor-General may, by Order in Council, make regulations for all or any of the following purposes:

Notwithstanding section 158(2) of this Act, where a complaint has been made that a teacher has committed a disciplinary offence, the teacher’s employing authority may at any time before the complaint has finally been disposed of, if it is satisfied that the welfare and interests of students, or any student, attending the institution at which the teacher is employed so requires,—

without first hearing the teacher.

A teacher suspended or transferred under subsection (3) of this section may request the teacher’s employing authority to reconsider its decision; and in that case the following provisions shall apply:

While investigating or hearing any disciplinary charge, an employing authority or, as the case may be, a committee of members or an employing authority, shall have the same powers and functions as those conferred on the Disciplinary Board by this Act.

Where a disciplinary offence has been held to have been proved—

Neither the Disciplinary Board nor an employing authority shall impose any penalty on a teacher in respect of a disciplinary offence without—

Before hearing any representations pursuant to subsection (2) of this section, the Disciplinary Board or, as the case may be, an employing authority,—

Subject to subsection (2) of this section and to any regulations made under this Act, where a disciplinary charge against a teacher has been held to be proved, the teacher’s controlling authority or the Disciplinary Board (as the case may be) may—

Where a teacher charged with a disciplinary offence has been suspended, and subsequently the offence is held not to have been proved, the teacher shall, unless the teacher has sooner resigned or taken up another teaching position, be entitled forthwith to resume teaching duties; and the employing authority concerned shall pay to the teacher the amount (if any) by which the salary that would have been payable to the teacher during the period of the teacher’s suspension exceeds the sum of—

The Disciplinary Board, or an employing authority if it holds that a disciplinary offence has not been proved, may order the person who laid the charge concerned to pay to the teacher concerned any costs and expenses it thinks fit; and in that case the amount directed to be paid shall be a debt due to the teacher, and recoverable accordingly.

Where a teacher charged with a disciplinary offence has been suspended, and subsequently the offence is held by the Disciplinary Board or an employing authority to have been proved, the Disciplinary Board, if it is satisfied that the amount of the salary that would have been payable during the period of suspension is disproportionate to the gravity of the offence may (after taking into account all other income earned, and all benefits as aforesaid received, during that period) order the employing authority to pay to the teacher a specified part or proportion of that amount; and in that case payment shall be made accordingly.

A teacher who has been required under this section to resign before a specified date shall, if the teacher has not died or resigned before that date, be deemed to have been peremptorily dismissed on that date.

Where—

it may also request the Registration Board to cancel the teacher’s registration.

An employing authority that is dissatisfied with a penalty imposed on a teacher by the Disciplinary Board may, in accordance with regulations made under this Act, appeal to the Teachers Court of Appeal against the penalty; and in that case the appeal shall be dealt with in accordance with regulations made under this Act.

Nothing in this Act shall prevent the dismissal or suspension of a teacher employed in a private school or kindergarten where the dismissal or suspension is in accordance with a contract of employment between the teacher and the teacher’s employing authority; and any such teacher who is so suspended or dismissed shall have no right of appeal against the suspension or dismissal.”