In these rules, unless the context otherwise requires,—

A term that is used in these rules and defined in the Act but not defined in these rules has the same meaning as in the Act.

These rules—

This rule is by way of explanation only, and, if any other provision in the Act or rules conflicts with it, the other provision prevails.

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

A notice, advice, or any other communication that is given or provided to a person under these rules may be given or provided—

In the absence of proof to the contrary, a notice, advice, or any other communication given or provided to a person must be treated,—

This Part applies to mandatory reporting to the Teaching Council of the following matters:

This Part also applies to complaints to the Teaching Council about the following matters:

In addition to the requirements specified in the Act, a report or complaint must—

The chief executive may decline to take any action on a report or complaint that does not comply with the requirements in subclause (1)(a) to (c).

A teacher’s employer must immediately report to the Teaching Council in accordance with section 394 of the Act if the employer has reason to believe that the teacher has committed a serious breach of the Code of Professional Responsibility, including (but not limited to) 1 or more of the following:

Misconduct described in any of paragraphs (a) to (e) and (k) of subclause (1) may be—

This Part applies to—

On receipt of a report or complaint, the chief executive may do any or all of the following:

This rule does not limit the power of the Teaching Council (acting through the chief executive) to investigate and refer matters of its own motion in accordance with sections 496(2) and 506(3) of the Act.

When a matter is referred to the Complaints Assessment Committee or another body in accordance with sections 496(2) and 506(3) of the Act, it is to be treated as if a report or complaint had been made, subject to all necessary modifications in procedure.

If a referral is made to the Complaints Assessment Committee, a professional practice evaluator, or the Teaching Council, the chief executive must notify the teacher concerned that a referral has been made.

The notice of referral to the teacher must—

The chief executive must notify the teacher’s current employer of the referral, unless the chief executive considers notification is not appropriate.

A notice of referral to the teacher’s employer must describe the nature of the matter that the report or complaint is about.

This Part applies to reports and complaints about teacher conduct referred to the Complaints Assessment Committee.

If the chief executive refers a report or complaint to the Complaints Assessment Committee, the chief executive may—

The chief executive may allocate a report or complaint to an investigator who also conducted an initial investigation of the report or complaint under rule 11.

The chief executive has the discretion to decide—

An investigator to whom a report or complaint has been allocated under rule 14 must—

An investigator is appointed by the chief executive to conduct investigations for the Complaints Assessment Committee and must not be a member of the Complaints Assessment Committee.

The investigator may require information to be provided to him or her under sections 496(4) and 497(7) of the Act.

The teacher concerned must be notified before the meeting at which the investigation report will be considered.

The teacher must be provided with the investigation report and documentation that will be provided to the Complaints Assessment Committee.

The teacher must be given an opportunity to comment on the investigation report before the Complaints Assessment Committee makes a final decision.

At a meeting of the Complaints Assessment Committee, the Complaints Assessment Committee must consider—

A request for a teacher to be heard in person must not be unreasonably refused.

Before taking any action available to it under section 497 of the Act, the Complaints Assessment Committee may—

Meetings of the Complaints Assessment Committee—

If the Complaints Assessment Committee decides that it will hear from the teacher concerned or the initiator, or another person, it may hear from him or her by telephone conference or video link, or by any other means that are necessary or convenient.

In the case of a complaint of misconduct that the Complaints Assessment Committee is satisfied is not serious misconduct, the Complaints Assessment Committee must use reasonable efforts to reach agreement between the teacher and the initiator on the course of action to be taken.

A notice of the Complaints Assessment Committee’s decision must be sent, as soon as practicable,—

If the Complaints Assessment Committee refers a report, complaint, or other matter to the Disciplinary Tribunal, the Committee must—

In proceedings before the Disciplinary Tribunal, the Complaints Assessment Committee may be represented by counsel appointed by the chief executive (who may be an employee of the chief executive or external counsel engaged by the chief executive).

A charge of serious misconduct that is referred to the Disciplinary Tribunal must—

A notice of referral must set out the details of the matter that is being referred to the Disciplinary Tribunal, and the reasons for the referral.

At the same time as a charge or notice of referral is sent to the Disciplinary Tribunal, a copy must be sent to—

This Part applies to the proceedings of the Disciplinary Tribunal when it conducts a hearing of—

A charge laid with, or matter referred for hearing to, the Disciplinary Tribunal must be allocated by the chairperson—

The parties to a hearing are—

The parties to a hearing are entitled to appear and be heard, in person or by a representative, at the hearing.

The Disciplinary Tribunal may, subject to the Act and these rules, regulate its own procedure in relation to hearings as it thinks fit.

Without limiting subclause (1), the Disciplinary Tribunal may—

The chairperson of the Disciplinary Tribunal, or a chairperson of a panel, may make any procedural or administrative order that the Disciplinary Tribunal may make that is preliminary or incidental to a hearing, including (without limitation) the following:

The Disciplinary Tribunal may, before or during the hearing of a charge or notice of referral, amend the charge or notice of referral in any way.

However, the Disciplinary Tribunal may, at the request of the teacher concerned, adjourn the hearing if it is of the opinion that the teacher would be disadvantaged in his or her defence by reason of an amendment made or proposed to be made under subclause (1).

Notice of a hearing must be sent to—

The notice must give the following details:

The teacher concerned must also be sent information explaining the procedure of the Disciplinary Tribunal and the teacher’s rights and obligations in relation to the hearing.

A party may, by notice in writing sent within 5 days after receiving notice of the hearing, object to a member of the Disciplinary Tribunal who is assigned to conduct the hearing on the grounds that the member made the complaint or otherwise has a conflict of interest.

The chairperson of the Disciplinary Tribunal, or a chairperson of a panel, must determine whether the grounds of objection are valid and, if they are, must replace the member objected to with another member in accordance with rule 63.

If a hearing or part of a hearing is held in private in accordance with section 501(4) of the Act, only the following people may be present:

Any person may apply to the Disciplinary Tribunal for revocation of an order prohibiting publication made under section 501(6) of the Act.

The Disciplinary Tribunal may grant the application if it is of the opinion that it is proper to do so, having regard to the interests of any person (including the privacy of any initiator) and to the public interest.

At a hearing, the Disciplinary Tribunal may receive as evidence any document, record, or other information that may in its opinion assist it to deal with the matter before it, whether or not the document, record, or information would be admissible in a court of law.

For the purpose of dealing with a matter before it, the Disciplinary Tribunal, or a person authorised by it in writing to do so, may inspect and examine any documents, records, or other information produced at a hearing.

The Disciplinary Tribunal may require that any information produced to it be verified by statutory declaration or as otherwise specified by the Disciplinary Tribunal.

The Disciplinary Tribunal may of its own motion, or on the application of any party,—

A witness summons may be served—

If a summons is served under subclause (1)(a), it must be served at least 24 hours before the attendance of the witness is required.

If a summons is served under subclause (1)(b), it must be served so that it is received at the address,—

This rule applies to a person—

Before a person described in subclause (1) begins to give evidence in the Disciplinary Tribunal,—

The Disciplinary Tribunal, in its discretion, may arrange for a person described in subclause (1) to give evidence by way of video link or any other alternative means.

If evidence before the Disciplinary Tribunal includes details relating to a person described in subclause (1), the Tribunal must consider whether it is proper to make an order, in accordance with section 501(6) of the Act, prohibiting publication of the name or particulars of the affairs of the person.

Orders of the Disciplinary Tribunal must be in writing.

An order, other than a procedural or an administrative order made by the chairperson of the Disciplinary Tribunal or the chairperson of a panel, must—

Every order takes effect on the date on which the order is received by the teacher concerned, unless a later date is specified in the order, in which case it takes effect on that later date.

Nothing in this rule prevents the Disciplinary Tribunal from making oral interlocutory orders immediately before, during, or immediately after a hearing for the purposes of ensuring compliance with these rules by any person.

On receipt of an application for interim suspension under section 498 of the Act, the chairperson of the Disciplinary Tribunal must consult, by telephone, email, or another method that is reasonably available, with at least 2 other members of the Tribunal as to whether the teacher’s practising certificate or authority to teach should be suspended.

Written notice of an order suspending a teacher’s practising certificate or authority to teach must be sent immediately to—

The notice must be in writing and must—

This Part applies to a matter concerning a teacher’s competence that has been referred by the chief executive to a professional practice evaluator or directly to the Teaching Council.

A matter concerning a teacher’s competence must be investigated only if it cannot, or appears unlikely to be able to, be dealt with satisfactorily by the teacher’s current employer.

When investigating a report or complaint referred to him or her, a professional practice evaluator must determine whether he or she is satisfied that the teacher concerned has not attained the required level of competence, and, in doing so, the professional practice evaluator may take any of the actions in subclause (2).

The professional practice evaluator may take any steps that the professional practice evaluator considers are necessary, including 1 or more of the following:

The professional practice evaluator must prepare a report after completing the investigation.

The report must include an assessment from the professional practice evaluator as to whether the teacher has attained the required level of competence.

If the assessment is that the teacher has not attained the required level of competence, then the report may recommend an appropriate outcome (as set out in section 508 of the Act).

A copy of the report must be provided to the teacher.

This rule applies if a report prepared under rule 41 recommends that—

The professional practice evaluator must use reasonable efforts to reach agreement with the teacher in order to impose conditions (and annotate the register or list of authorised persons, if applicable).

If the professional practice evaluator is unable to reach agreement with the teacher, the professional practice evaluator may refer the report to the Competence Authority.

If a report prepared under rule 41 recommends that—

In any case, and instead of taking an action specified in subclause (1), the Chief Executive may refer the teacher directly to the Competence Authority.

If a report is referred to the Competence Authority, the teacher concerned must be notified of the meeting at which the report is to be considered.

At the time of notification, the teacher must also be provided with the report and any documentation that is to be provided to the Competence Authority.

The teacher must be given a reasonable opportunity to be heard, in person or by counsel or another representative, at a meeting of the Competence Authority.

On receiving a report from a professional practice evaluator, the Competence Authority must consider the report at a meeting of the Competence Authority.

A meeting of the Competence Authority must include at least 3 members, and at least 1 of the members present must be from the same sector as the teacher (that is, early childhood, primary, or secondary).

The Competence Authority may do any of the following:

A meeting of the Competence Authority may be in person, by telephone conference or video link, by exchange of email, or by any means that are necessary or convenient.

A party may, by notice in writing sent within 5 days after receiving notice of the hearing, object to the assigning of a member of the Competence Authority to participate in the hearing on the grounds that the member was the initiator or otherwise has a conflict of interest.

The chief executive must determine whether the grounds of objection are valid and, if they are, must replace the member with another member in accordance with rule 63.

Any conditions imposed in accordance with the Act and these rules may include conditions designed—

The chief executive must monitor whether the teacher complies with the conditions and the chief executive may refer the teacher to a professional practice evaluator if it appears that the teacher is not complying with or meeting the conditions.

If the chief executive is satisfied that a teacher has satisfactorily complied with the conditions imposed, the chief executive may release the teacher from the conditions.

The chief executive may approve the removal of any annotation on the register or list of authorised persons.

The chief executive must, as soon as practicable, give written notice of the decision of the Competence Authority to the following people:

This Part applies to an application for registration as a teacher if—

If any of the criteria in subclause (1) apply, the chief executive may refer the application to the Registration Panel.

The Registration Panel may make a decision on the whole application, not only the matter giving rise to the referral.

If an application for registration is referred to the Registration Panel, the chief executive must notify the applicant that a referral has been made.

The notice to the applicant must—

The applicant must be provided with any report or other documentation that will be provided to the Registration Panel.

The applicant must be given an opportunity to provide further information for the Registration Panel to consider, which may be in the form of written submissions.

At a meeting of the Registration Panel, the Registration Panel must consider an application for registration that has been referred to it and decide if the application meets the criteria for registration in clause 2 of Schedule 3 of the Act.

The applicant must be given a reasonable opportunity to be heard, in person or by counsel or another representative, at the meeting.

Before making a decision on an application for registration, the Registration Panel may do any of the following:

There must be at least 3 members at each meeting of the Registration Panel, where—

A meeting of the Registration Panel may be in person, by telephone conference or video link, by exchange of emails, or by any other means that are necessary or convenient.

A party may, by notice in writing sent within 5 days after receiving notice of the hearing, object to the assigning of a member of the Registration Panel to participate in the hearing on the grounds that the member has a conflict of interest.

The chief executive must determine whether the grounds of objection are valid and, if they are, must replace the member with another member.

A notice of the Registration Panel’s decision must be sent to the applicant as soon as practicable.

A Complaints Assessment Committee is established.

The Teaching Council must appoint the members of the Committee, subject to section 494 of the Act.

The Complaints Assessment Committee must comprise at least 5 people.

The Complaints Assessment Committee may exercise any or all of the functions and powers of the Teaching Council necessary for the Complaints Assessment Committee to deal with matters under these rules.

Subclause (1) does not restrict the ability of the Teaching Council to exercise any of its functions or powers.

A panel of the Complaints Assessment Committee must comprise at least 3 people.

The majority of members in a panel must be teachers with a current practising certificate.

A panel may perform and exercise, in relation to a matter allocated to it, all the functions and powers of the Complaints Assessment Committee.

The validity of proceedings or a decision of the Complaints Assessment Committee is not affected by—

However, all members must be present during the deliberations.

A Disciplinary Tribunal is established.

The Teaching Council must appoint the members of the Disciplinary Tribunal, subject to section 494 of the Act.

The Disciplinary Tribunal must have at least 5 members.

The Teaching Council must appoint as chairperson of the Disciplinary Tribunal a person who—

The Teaching Council may appoint 1 or more deputy chairpersons.

A deputy chairperson must be qualified under these rules for appointment as the chairperson of the Tribunal.

A deputy chairperson may perform all the functions, and exercise all the powers, of the chairperson during the period of the deputy chairperson’s appointment.

A panel of the Disciplinary Tribunal must consist of 3 members of the Tribunal, unless the chairperson directs that there be more than 3 members.

If a panel does not include the chairperson or deputy chairperson of the Tribunal, the chairperson of the Teaching Council must appoint a member of the panel to act as chairperson for the hearing.

Members of the Tribunal may be on more than 1 panel at a time.

A panel may perform and exercise, in relation to a matter allocated to it, all the functions and powers of the Tribunal.

The chairperson of the Tribunal may remove a member of a panel, and may substitute a different member, in order to comply with this rule or if it is otherwise in the interests of the just and efficient disposal of the proceedings before the panel.

The validity of proceedings or a decision of the Disciplinary Tribunal is not affected by—

However, all members must be present during the deliberations.

A Competence Authority is established.

The Teaching Council must appoint the members of the Competence Authority, subject to section 505 of the Act.

The Competence Authority must have at least 5 members.

All members must hold a current practising certificate except for members appointed under section 505(3) of the Act.

A panel of the Competence Authority must comprise at least 3 people.

A panel may perform and exercise, in relation to a complaint, a report, or any other matter referred to it, all of the functions and powers of the Competence Authority.

The Competence Authority may co-opt up to 2 members onto the Authority for their specialist knowledge and expertise in relation to a particular complaint.

The validity of proceedings or a decision of the Competence Authority is not affected by—

However, all members must be present during the deliberations.

An investigator or a professional practice evaluator may exercise any or all of the functions and powers of the Teaching Council necessary for the investigator or professional practice evaluator to deal with matters under these rules.

Subclause (1) does not restrict the ability of the Teaching Council to exercise any of its functions or powers.

An investigator or a professional practice evaluator is not personally liable for an act or omission of the investigator or the professional practice evaluator acting in his or her capacity as an investigator or a professional practice evaluator and in good faith.

The Teaching Council must indemnify an investigator or professional practice evaluator for acts or omissions done in his or her capacity as an investigator or a professional practice evaluator and in good faith.

The Registration Panel must have at least 5 members.

The Teaching Council must appoint the members of the Registration Panel.

The Teaching Council delegates its powers and functions under clauses 1 to 4 of Schedule 3 of the Act to the Registration Panel in relation to applications for registration as a teacher to which Part 7A applies.

Registration Panel members are appointed to exercise the powers and perform the functions delegated under subclause (1) in accordance with—

A term of appointment to a disciplinary body, the Competence Authority, or the Registration Panel must be no longer than 3 years.

Before appointing a person to a disciplinary body or the Competence Authority, the Teaching Council must—

A person who is a member of a disciplinary body, the Competence Authority, or the Registration Panel may be reappointed as a member of that body.

However, the person may not be reappointed to that body for more than 3 consecutive terms (or a lesser period determined by the Teaching Council).

The Teaching Council may notify a member of a disciplinary body or the Competence Authority that, subject to the procedure in subclauses (2) and (3) being followed, he or she is to cease to hold office as a member on the date specified in the notice.

The notice to the member must state—

A person who has been notified in accordance with subclauses (1) and (2) ceases to be a member only after the person has had an opportunity to respond to the proposal and the Teaching Council has considered the person’s response before deciding whether to proceed with the proposal.

Subclause (5) applies if a person who is a member of a disciplinary body or the Competence Authority ceases to hold office (whether in accordance with subclauses (1) to (3), or because he or she has resigned, or because his or her term or appointment has expired).

With the written agreement of the chairperson of the Teaching Council,—

A person who ceases to be a member of a disciplinary body or the Competence Authority is not entitled to any compensation or other payment or benefit relating to the person’s removal from office, irrespective of the reason for that removal.

A member of a disciplinary body, the Competence Authority, or the Teaching Council must not be involved in a matter if the member was the initiator.

Subclause (3) applies if a matter has been allocated to a panel of a disciplinary body or to the Competence Authority in which a member was the initiator or has a conflict of interest.

The chief executive must provide a replacement member if necessary to ensure that the panel or Authority consists of the required number of members.

Information disclosed to, or held by, a competence assessor, the Competence Authority, or the Complaints Assessment Committee in respect of a report or complaint or other matter is confidential.

Despite subclause (1),—

The Teaching Council must obtain a Police vet of the following applicants for the following purposes:

The Teaching Council must, in relation to an applicant for whom a Police vet is required,—

If an applicant does not consent to a Police vet or does not provide the information necessary for a Police vet to be carried out, the Teaching Council must not take any further steps in relation to his or her application, including obtaining a Police vet.

The Teaching Council must establish and maintain with the Police secure information-sharing processes that relate to Police vets.

The Teaching Council must ensure that strict confidentiality is maintained for the information obtained through a Police vet.

The Teaching Council must not take any adverse action as a result of the information obtained through the Police vet until the applicant—

In determining whether to take adverse action as a result of the information obtained through the Police vet, the Council must have regard to—

This Part applies if—

In this Part, unless the context otherwise requires,—

A teacher must complete a new or beginning teacher practice plan before the Teaching Council may issue a renewed provisional practising certificate if the teacher—

However, unless the Teaching Council grants an exemption, a teacher must complete a teacher education refresh programme before the Teaching Council may issue a renewed provisional practising certificate if the teacher—

A teacher must complete a return to practice plan before the Teaching Council may issue a renewed full category 1 practising certificate or a renewed full category 2 practising certificate if the teacher—

However, a teacher may be required to complete a teacher education refresh programme before the Teaching Council may issue a renewed full category 1 practising certificate or a renewed full category 2 practising certificate if the teacher has, over a period of 5 years or more, renewed their full category 1 practising certificate or full category 2 practising certificate by means of completing a return to practice plan.

Despite anything in rules 66C and 66D, unless the Teaching Council grants an exemption, a teacher must complete a teacher education refresh programme before the Teaching Council may issue a relevant practising certificate if the teacher—

The following rules are revoked: