Education Council Rules 2016

  • not the latest version

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
Part 1
Preliminary provisions
3Interpretation
4Overview
5Transitional, savings, and related provisions
6Notices
Part 2
Making report or complaint to Education Council
7Application of this Part
8Form of report or complaint
Part 3
Criteria for reporting serious misconduct
9Criteria for reporting serious misconduct
Part 4
Investigation and referral of report, complaint, or other matter by chief executive
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
Part 5
Procedures of Complaints Assessment Committee for dealing with reports and complaints that relate to teacher conduct
13Application of this Part
Process for investigation of reports and complaints
14Referring reports and complaints to Complaints Assessment Committee and allocation to investigator
15Investigator to carry out investigation
16Teacher’s response to investigation report
Procedure of Complaints Assessment Committee
17Meeting of Complaints Assessment Committee regarding report or complaint
Notice of decision and referral to Disciplinary Tribunal
18Notice of Complaints Assessment Committee’s decision
19Referral to Disciplinary Tribunal
20Notice of charge or referral
Part 6
Proceedings in Disciplinary Tribunal
21Application of this Part
Who conducts hearing and who are parties in Disciplinary Tribunal
22Who conducts hearings
23Parties
Procedure of Disciplinary Tribunal
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
Restrictions on who may be present when hearing held in private
29Persons who may be present when hearing held in private
Revocation of order prohibiting publication
30Application for revocation of order prohibiting publication
Evidence and powers of investigation of Disciplinary Tribunal
31Evidence
32Powers of investigation
33Service of summons
34Special protection for certain witnesses and vulnerable people
Orders of Disciplinary Tribunal
35Orders of Disciplinary Tribunal
Interim suspension
36Determination of application for interim suspension
37Notice of interim suspension
Part 7
Competence
38Application of this Part
Investigation and report regarding competence issues
39Process before investigation
40Investigation by competence assessor
41Report prepared by competence assessor
Actions following report 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
Notice of decision and disposal of matter
48Notice of decision of Competence Authority or Education Council
Part 8
Establishment, membership, and operation of disciplinary bodies and membership and operation of Competence Authority
Complaints Assessment Committee
49Establishment of Complaints Assessment Committee
50Powers of Complaints Assessment Committee
51Operation of panels of Complaints Assessment Committee
52Validity of proceedings
Disciplinary Tribunal
53Establishment of Disciplinary Tribunal
54Chairperson of Disciplinary Tribunal
55Operation of panels
56Validity of proceedings
Competence Authority
57Membership of Competence Authority
58Powers of Competence Authority
Investigators and competence assessors
59Powers of investigators and competence assessors
60Investigators and competence assessors not personally liable and indemnity
Appointments to disciplinary bodies and Competence Authority
61Term of appointment to disciplinary body or Competence Authority
62Ceasing to hold position on disciplinary body or Competence Authority
Conflicts of interest and confidentiality
63Conflict of interest
64Confidentiality
Part 9
Police vetting of applicant for registration as teacher, practising certificate, or limited authority to teach
65Procedures for Police vetting of applicants
66Rights of person being vetted in relation to personal information
Part 10
Revocations
67Revocations
Schedule 1
Transitional, savings, and related provisions
Explanatory note
Administrative Information