The Teacher Registration Board of the Northern Territory (‘the Board’) was established under the provisions of the Teacher Registration (Northern Territory) Act (‘the Act’) in September 2004 to register persons as teachers and to facilitate the continuing competence of teachers in the Territory.
The objective of the Act is to ensure that only persons who are fit and proper, appropriately qualified and competent to teach, are employed as teachers in the Territory.
The Act provides that one of the functions of the Board is to deal with complaints about teachers, hold preliminary investigations and inquiries in relation to teachers and take disciplinary action under
Part 6 of the Act: (pdf 154 kb | rtf 3.5 mb) - please refer to (50) and (52) only.
The Act was amended on 1 September 2010. The transitional arrangements for the new Act provide that the following matters in relation to registered teachers (and persons authorised to teach) will be dealt with under Part 6 of the new Act:
A person is eligible for registration if the Board is satisfied the person is competent to teach as decided in accordance with the Teacher Registration (Northern Territory) Regulations (‘the Regulations’).
Regulation 5(1) provides that the Board must take into account whether the person is able to teach in accordance with the Board’s approved Standards.
The Board must be satisfied the unregistered person is competent to teach each subject specified in the application for authorisation, at the level specified in the application, as decided in accordance with the Regulations. Regulation 5(2) provides that the Board must take into account whether the person is able to teach the subject at the level specified in accordance with the Board’s approved Standards.
Section 32 of the new Act provides for the matters the Board must take into account in deciding whether a person is a fit and proper person to teach. It includes the Board taking into account:
Complaints and other disciplinary matters are received from a number of sources:
The purpose of an inquiry is to investigate complaints of serious incompetence, serious misconduct or a complaint that calls into question the continued fitness to teach of a person who is or was a registered teacher or in relation to whom an authorisation is or was in effect.
Section 50(2) of the Act provides that the Board must hold an inquiry in relation to a teacher or authorised person if:
Section 50(3) of the Act provides that the Board must also hold an inquiry into:
Section 50(4) of the Act provides that the Board may hold an inquiry in relation to a teacher or authorised person if:
Yes. An inquiry is a type of hearing but it is far more informal than a regular court; for example the rules of evidence which would normally apply do not apply in a Board inquiry. You may engage legal representation; bring an advocate or a union representative with you if you wish. However if you choose to represent yourself the Board will be mindful to keep the process as accessible as it can.
You will be asked to provide all relevant documents for consideration prior to the day of the inquiry. On the day of the inquiry you will be given an opportunity to provide a verbal submission if you wish.
The Board may only hold an inquiry if it is reasonably satisfied that it is in the public interest to do so. If you no longer hold aspirations to teach in Australia/New Zealand please advise the Board as this may impact on its decision to proceed with an inquiry.
The Board appoints a committee to conduct the inquiry. The committee of inquiry must be comprised of:
The person who is the subject of the inquiry will be served with a notice of the proposed inquiry. The notice of inquiry will specify:
Yes. You must appear at the inquiry hearing (in person or by teleconference) and produce any documents required by the notice of inquiry.
Yes. It is an offence against the Act to not comply with the notice of inquiry. You may be subject to a penalty, being 20 penalty units (currently $2,740.00).
Yes. The Act provides that a person who is in a position to assist an inquiry must provide to the Board any information that is reasonably requested. No civil or criminal proceedings lie against a person who provides information or gives evidence to the Board or a committee of inquiry in good faith about the conduct of the teacher who is the subject of an inquiry.
The information will be provided to the teacher and the teacher will be provided with the opportunity to admit to, or refute, any of the information put forward by the other party.
The Board may decide to do any of the following to a teacher or authorised person as a result of an inquiry:
The committee of inquiry must report its findings and recommendations to the Board as soon as practicable. In making any decision in relation to the inquiry, the Board must take into consideration the findings and recommendations of the committee.
The Director of the Board will write to you advising you of its decision once the committee of inquiry completes its report and the Board has had time to deliberate on its findings.
Yes. Once you receive a notice of the decision you may appeal to the Local Court. You must lodge the appeal with the Local Court within 28 days of the date of the notice. Section 74B of the Act provides further information on appeals.
You may contact the Manager, Professional Conduct at the Teacher Registration Board toll free on 1800 110 302 or you can email your question to firstname.lastname@example.org