QueenslandEducation
(Teacher Registration) Act 1988EDUCATION(TEACHERREGISTRATION)BY-LAW1989Reprinted as in force on 6 June
1997(includes amendments up to SL No. 84 of
1997)Reprint No. 1This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
by-law is reprinted as at 6 June 1997.The
reprint—•showsthelawasamendedbyallamendmentsthatcommencedonorbeforethat day
(Reprints Act 1992 s 5(c))•incorporatesallnecessaryconsequentialamendments,whetherofpunctuation,numbering or
another kind (Reprints Act 1992 s 5(d)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.MinoreditorialchangesallowedundertheprovisionsoftheReprintsAct1992mentioned in the following list have
also been made to—•expressgenderspecificprovisionsinawayconsistentwithcurrentdraftingpractice (s 24)•use
different spelling consistent with current drafting practice (s
26(2))•useconjunctivesanddisjunctivesconsistentwithcurrentdraftingpractice(s 28)•use expressions consistent with
current drafting practice (s 29)•use
aspects of format and printing style consistent with current
drafting practice(s 35)•renumber references s 43(4)(b)•make all necessary consequential
amendments (s 7(1)(k)).Also see endnotes for information about
when provisions commenced.
s
13s 2AEducation (Teacher
Registration) By-law 1989EDUCATION (TEACHER
REGISTRATION)BY-LAW 1989[as amended by
all amendments that commenced on or before 6 June 1997]PART
1—PRELIMINARY˙Short title1.Thisby-lawmaybecitedastheEducation(TeacherRegistration)By-law
1989.˙Fees2.The fees set out in the schedule are
the fees payable to the board inrelation to the
matters mentioned.˙Definition2A.In
this by-law—“approved form”see section
24.
s34s5Education (Teacher Registration) By-law
1989†PART 2—REGISTRATION OF TEACHERS˙Other particulars required for
registration3.The other particulars1about a person required to be entered
in theregister by the director are—(a)the person’s former name or names (if
relevant); and(b)the person’s registration
number.˙Period of initial registration and
changes to registration4.(1)Initialregistrationistobefortheperiodending31Decemberfollowing the
date of admission to the register.(2)Any
change from time to time in any of the particulars entered in
theregister with respect to a person shall be
notified by that person to the board.˙Qualifications and experience for full
registration5.A person shall be entitled to full
registration as a teacher if—(a)thepersonhassuccessfullycompletedacourseofteachereducationacceptabletotheboardandnotlessthan1yearofteaching service to the satisfaction of the
board; or(b)the person’s education, experience and
contribution to educationalpractice are, in
the opinion of the board, of sufficient merit towarrant registration; or(c)the
person has complied in all respects with the requirements ofthe
board during a period of provisional registration.1Section 36(1)(d) of the Act provides
as follows—‘36.(1)Apersonisregisteredasateacherwhen,onorderoftheboard,thedirector enters the following details in the
register—.......................................................................................................(d)any other particulars required under a
by-law;’.
s
65s 7AEducation (Teacher
Registration) By-law 1989˙Qualifications and
experience for provisional registration6.(1)The
registration of a person may be provisional if—(a)while entitled to be registered in all other
respects the person hasnotcompletedaperiodof1yearofteachingservicetothesatisfaction of
the board; or(b)while not entitled to be registered
under section 5—(i)theperson’seducation,teachereducation,fitnesstoteachand experience
are sufficient, in the opinion of the board, towarrant
provisional registration; and(ii)the
person satisfies the board that the person will be ablewithinareasonabletimetoattainastandardofteachereducation and
experience acceptable to the board.(2)The
initial period of provisional registration shall not exceed 1
year.(3)Where a person is admitted to
provisional registration as a teacher,the board may
require such person to submit to it as and when requested areport from the principal or other person
duly authorised in that behalf in theapproved form
upon the manner in which the person has performed dutiesas a
teacher, together with a recommendation as to the person’s
suitabilityfor registration.˙Retention of name in register7.(1)A registered
teacher may, in the approved form, apply to the boardfortheretentionoftheteacher’snameintheregisterforaperiodof12
months starting on 1 January in any year.(2)Theapplicationmustbemadeonorbefore31Decemberofthepreceding year.(3)Theboardmustgivewrittennoticetoaregisteredteacheroftheretention of the
teacher’s name in the register.˙Procedure before the board may cancel
registration for failing toapply for retention7A.(1)This
section applies if—
s
86s 11Education (Teacher
Registration) By-law 1989(a)a person is a
registered teacher; and(b)the board has
not received an application under section 7 from theperson asking for the person’s name to be
retained in the register.(2)The board must
give written notice to the person stating the person’sregistration must be cancelled by the board
unless the person applies, in theapproved form,
for retention of the person’s name in the register within
thetime stated in the notice.˙Authorisation to employ unregistered
persons in teaching duties8.(1)An application
to the board for its authorisation under section 43(1)of
the Act of the employment in a school as a teacher of a person who
is nota registered teacher shall be made in the
approved form.(2)The application must be signed by the
principal of the school or otherauthorised person
on behalf of the employer.(3)The
authorisation of the board shall be held by the principal of
theschool to which the authorisation relates
during the period of employmenttherein
specified.˙Annual census of teachers9.The principal of a school or other
authorised person on behalf of theemployer shall,
in respect of all persons employed in teaching duties at theschool as at 1 April in each year, furnish to
the board within 14 days of thatdate a return in
the approved form.˙Rules11.(1)The
board may, by resolution, make rules for the purposes of
thispart.(2)As soon as
practicable after making a rule, the board must, by gazettenotice, state—(a)that
a rule has been made; and(b)where a copy may
be inspected.
s
127s 15Education (Teacher
Registration) By-law 1989†PART 3—ELECTION
TO THE BOARD OFREPRESENTATIVES OF REGISTERED TEACHERS˙Representatives of registered teachers
to be elected12.TherepresentativesofregisteredteacherswhoarenominatedforappointmentasmembersoftheBoardofTeacherRegistrationundersection 3(2)(i) of the Act must be chosen by
an election held under thisby-law on a date
decided by the board.˙Roll of
electors13.The director must prepare a roll of
electors entitled to vote at anyelection for the
purposes of section 3(2)(i) of the Act comprising the namesofallpersonswhoaredulyregisteredasteachersonthedateofthepublication of the notice of any
election.˙Notice of election14.(1)The
director must, by gazette notice, give notice about the
holdingof an election.(2)The
notice shall specify the date fixed for the election and the
finaldate for the receipt of nominations.(3)Thefinaldateforreceiptofnominationsshallbenotlessthan21 days after the
date of the gazette notice and not less than 30 days beforethe
date fixed for the election.˙Nomination of candidates15.(1)Any
6 persons whose names appear on the roll of electors maynominate an eligible person as a candidate at
an election by completing andsigning a
nomination paper in the approved form.(1A)Also,thenominationpapermustbesignedbytheperson,nominated in the
paper as a candidate, as accepting the nomination.(2)Thenominationpapermustbereceivedbythedirectorbefore4.00
pm on the date specified as the final date for the receipt of
nominations
s
168s 17Education (Teacher
Registration) By-law 1989of candidates.(3)A
person who is not nominated in accordance with this section
orwho has not accepted such nomination is not
entitled to be a candidate at anelection.(4)A candidate may withdraw consent to
the candidate’s nomination atany time before
4.00 pm on the final date for the receipt of nominations bydelivering, or causing to be delivered to the
director, a notice of retirement inthe approved
form.(5)The director, upon receipt of notice
of the death of a candidate may, atany time prior to
the forwarding of voting papers and provided that it ispracticable so to do, cancel the nomination
of that candidate.˙Result if no more nominated than number
to be elected16.Ifnomorepersonsaredulynominatedascandidatesthanarerequired to be elected, the director
must—(a)give notice to the Minister about the
nominations; and(b)declarethepersons,nominatedascandidates,dulyelectedbyregistered teachers for nomination for
appointment to the board.˙Procedure where
more persons nominated than number to be elected17.(1)Ifmorepersonsaredulynominatedascandidatesthanarerequiredtobeelected,anelectionmustbeheldandthedirectormust,without unreasonable delay after the final
date for receipt of nominations,cause voting
papers to be prepared setting out the names of the candidates
inan order to be decided by the director by lot
and must forward to everyperson included in the roll of electors
at the person’s last address recordedin the register a
voting paper accompanied by an open envelope addressedto
the director and marked ‘Voting Paper Only’.(2)A
voting paper shall be in the approved form.(3)Eachvotershallvotefortherequirednumberofcandidatesandindicate his or her vote on the voting paper
by placing a cross in the squareopposite the name
of each of the candidates for whom the voter votes and,if
any voter shall vote for more than the required number of
candidates ormake any other mark or writing on the voting
paper, the vote given by the
s
189s 19Education (Teacher
Registration) By-law 1989voter on the voting paper is taken to
be informal.(4)The voter must—(a)enclose the voter’s voting paper in the
envelope forwarded to thevoter under subsection (1); and(b)deliver the envelope to the director
before 9.00 am on the dayfixed for the election.(5)Every voting paper, when returned to
the director, must be depositedin a locked
ballot box with a cleft or opening capable of receiving the
votingpapers.(6)The
director must take the steps the director considers necessary
toensure that only persons duly qualified to
vote at an election have voted andthat the secrecy
of the ballot shall be preserved.˙Statement by candidate18.(1)The
director may, at the request of a candidate, include with
theballot paper a statement not exceeding 100
words in length supplied by thecandidate.(2)The candidate may include in such
statement the candidate’s homeaddress, age,
qualifications, experience, current professional position
andprofessionaladdressandsuchotherinformationasthecandidatemaydesire.˙Scrutineers19.(1)Thechairpersonoftheboardmustappoint2personstobescrutineers for the examination of the
voting papers in respect of an election.(2)Each
candidate may appoint, by written notice, 1 scrutineer to bepresent when the director opens the envelopes
containing the voting paperson the day of the
election.(3)Acandidatemustgivethenoticeappointingascrutineertothedirector not less than 5 days before
the day fixed for the election.(4)No
election shall be invalid by reason of the failure of any
candidateto appoint a scrutineer or the failure of a
person appointed as a scrutineer tocarry out the
duties of a scrutineer.
s
2010s 21Education (Teacher
Registration) By-law 1989˙Examination and
counting of votes20.(1)On the day fixed
for the election, the director must—(a)open
the envelopes addressed and returned to the director undersection 17; and(b)examine the voting papers inside the
envelopes.(1A)Thedirectormayappointpersons,otherthanacandidate,asassistants to help the director in opening
the envelopes and examining thevoting
papers.(1B)The opening of
the envelopes and examining of the voting papers,whether by the director or an assistant, must
take place—(a)in the presence of the scrutineers;
but(b)in the absence of the
candidates.(2)If the director is not satisfied that
the votes indicated on a voting paperhave been cast by
a peron duly entitled to vote at the election, the directorshall
reject the voting paper and the votes on the voting paper must not
becounted.(3)Where a voting paper—(a)is
manifestly irregular; or(b)is so
imperfectly executed that the intention of the voter cannotwith
certainty be ascertained; or(c)is
taken to be informal under section 17(3);the director must
reject the voting paper and the votes on it must not becounted.(4)Aftercomplyingwithsubsections(1)to(3),thedirectormustproceed to ascertain the number of votes
received by each candidate.(5)Where 2 or more
candidates have received an equal number of votes,the
director must decide by lot which of the candidates shall be
declaredelected.˙Declaration of result of election21.(1)Whenallthevotingpapershavebeenexaminedandthevotes
s
2211s 23Education (Teacher
Registration) By-law 1989counted, the director must prepare and
sign a statement, countersigned byany scrutineers
who are present and consent to sign the same, containing thenumbersinwordsaswellasfiguresofthevotesforeachcandidateascertained under section 20, and must, at
the same time and place, declaretohavebeendulyelectedtherequirednumberofcandidateswhohavereceived the
greatest number of votes.(2)The director
must, by written notice signed by the director, certify tothe
Minister the names of the candidates so elected, and the date of
thedeclaration of the result of the
election.˙Disposal of ballot papers22.
(1)After the declaration of the results of an
election, the director mustkeep the ballot
papers in a safe place, together with a copy of the roll
signedby the director, for at least 1 year.(2)As soon as possible after the year,
the director must destroy the ballotpapers and
roll.˙Election not to be questioned23.No election is invalid by reason
of—(a)any defect in the title or any want of
title of any person by orbefore whom such election is held if
such person really acted atthe election;
or(b)any formal error or defect in any
declaration or other instrumentor in any
publication made under this by-law or intended to be somade; or(c)any
such publication being out of time; or(d)any
delay in holding the election at the time appointed or in
takingthe poll; or(e)any
inadvertent failure to deliver or send to any elector any
noticeor ballot paper; or(f)any
defect of a merely formal nature.
s
2412Education (Teacher Registration) By-law
1989˙Approval of forms24.The
board may approve forms for use under this by-law.s
24
15Education (Teacher Registration) By-law
1989´4List of
legislationEducation(TeacherRegistration)By-law1989(prevBoardofTeacherRegistration
By-law 1989)pubd gaz 4 March 1989 pp 1527–48commenced 6 March 1989 (see s 1.1(b))as
amended by—by-laws published gazette (pre SL
series)—4 November 1989 pp 1731–5commenced on 6 November 1989 (see s
1(2))15 December 1990 pp 1965–6commenced on 1 January 1991 (see s 3)6
April 1991 p 2013commenced on date of publicationBoard
of Teacher Registration Amendment By-law (No. 2) 1991 SL No.
94pubd gaz 5 October 1991 pp 466–9commenced on date of publicationEducation (Teacher Registration) Amendment
By-law (No. 1) 1993 SL No. 61notfd gaz 12
March 1993 pp 1099–101commenced on date of
notificationEducation (Teacher Registration) Amendment
By-law (No. 2) 1993 SL No. 383notfd gaz 22
October 1993 pp 695–7commenced on date of
notificationEducation (Teacher Registration) Amendment
By-law (No. 1) 1995 SL No. 311notfd gaz 17
November 1995 pp 1142–3commenced on date of
notificationEducation (Teacher Registration) Amendment
By-law (No. 1) 1996 SL No. 269notfd gaz 11
October 1996 pp 543–4commenced on date of
notificationEducation (Teacher Registration) Amendment
By-law (No. 1) 1997 SL No. 84notfd gaz 4 April
1997 pp 1399–1400commenced on date of notification´5List of
annotationsPART 1—PRELIMINARYpt hdgsub
1993 SL No. 61 sch 2Short titles 1sub
1993 SL No. 61 s 3Repeals 1.2om
1993 SL No. 61 s 3
16Education (Teacher Registration) By-law
1989Arrangements 1.3amd
1991 SL No. 94 s 3om 1993 SL No. 61 s 3Interpretations 1.4om
1993 SL No. 61 s 3Feess 2sub 1993 SL No.
61 s 3Definitions 2Ains
1995 SL No. 311 s 3Formss 1.6om 1991 SL No. 94
s 4PART 2—REGISTRATION OF TEACHERSpt
hdgsub 1993 SL No. 61 sch 2Other particulars
required for registrations 3amd 1991 SL No.
94 s 5; 1993 SL No. 61 sch 1; 1993 SL No. 383 schsub
1997 SL No. 84 s 3Period of initial registration and changes to
registrationprov hdgsub 1997 SL No.
84 s 4(1)s 4amd reg pubd gaz 4 November 1989; 1991
SL No. 94 s 6; 1993 SL No. 61sch 1; 1993 SL
No. 383 sch; 1995 SL No. 311 s 4; 1997 SL No. 84s
4(2), (3)Qualifications and experience for full
registrationprov hdgsub 1997 SL No.
84 s 5(1)s 5amd 1993 SL No. 61 sch 1; 1997 SL No.
84 s 5(2)Qualifications and experience for provisional
registrations 6amd 1991 SL No. 94 s 7; 1993 SL No. 61
s 4, sch 1; 1995 SL No. 311 s 4;1997 SL No. 84 s
6Retention of name in registers
7sub 1991 SL No. 94 s 8; 1993 SL No. 61 s
5amd 1993 SL No. 61 sch 1; 1997 SL No. 84 s
7Procedurebeforetheboardmaycancelregistrationforfailingtoapplyforretentions 7Ains
1997 SL No. 84 s 8Authorisation to employ unregistered persons
in teaching dutiess 8amd 1991 SL No. 94 s 9; 1993 SL No. 61
sch 1; 1995 SL No. 311 s 4;1997 SL No. 84 s 9Annual census of
teacherss 9amd reg pubd gaz 4 November 1989; reg
pubd gaz 6 April 1991; 1993 SLNo. 61 sch 1;
1995 SL No. 311 s 4Conduct of an inquirys 10amd
1993 SL No. 61 s 6, sch 1; 1995 SL No. 311 s 5om 1997 SL No. 84
s 10
17Education (Teacher Registration) By-law
1989Ruless 11sub 1993 SL No.
61 s 7amd 1993 SL No. 61 sch 1; 1997 SL No. 84 s
11PART3—ELECTIONTOTHEBOARDOFREPRESENTATIVESOFREGISTERED TEACHERSpt hdgsub
1993 SL No. 61 sch 2Representatives of registered teachers to be
electeds 12amd 1993 SL No. 61 sch 1; 1997 SL No.
84 s 12Roll of electorss 13amd
1993 SL No. 61 sch 1; 1997 SL No. 84 s 13Notice of
elections 14amd 1993 SL No. 61 sch 1; 1997 SL No.
84 s 14Nomination of candidatess 15amd
1991 SL No. 94 s 10; 1993 SL No. 61 s 8, sch 1; 1995 SL No.
311s 4; 1997 SL No. 84 s 15Result if no more
nominated than number to be electedprov hdgamd
reg pubd gaz 15 December 1990s 16amd
1993 SL No. 61 sch 1; 1997 SL No. 84 s 16Procedure where
more persons nominated than number to be electeds
17amd 1991 SL No. 94 s 11; 1993 SL No. 61 s 9,
sch 1; 1993 SL No. 383sch; 1995 SL No. 311 s 4; 1997 SL No.
84 s 17Statement by candidates 18amd
1993 SL No. 61 sch 1; 1997 SL No. 84 s 18Scrutineerss
19amd 1993 SL No. 61 sch 1; 1997 SL No. 84 s
19Examination and counting of votess
20amd 1993 SL No. 61 s 10, sch 1; 1997 SL No.
84 s 20Declaration of result of elections
21amd 1993 SL No. 61 sch 1; 1997 SL No. 84 s
21Disposal of ballot paperss 22amd
1993 SL No. 61 sch 1sub 1997 SL No. 84 s 22Election not to be
questioneds 23amd 1993 SL No. 61 sch 1Approval of formss 24ins
1995 SL No. 311 s 6SCHEDULE—FEESsub reg pubd gaz
15 December 1990; 1991 SL No. 94 s 12amd 1993 SL No.
61 s 11sub 1993 SL No. 383 s 3; 1995 SL No. 311 s
7; 1996 SL No. 269 s 3