QueenslandEducation(TeacherRegistration)Act1988Education(TeacherRegistration)By-law1999Reprinted as in force on 29 July
2005Reprint No. 2DThis reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copyNOT FURTHER AMENDEDLAST REPRINT
BEFORE REPEALSee 2005 Act No. 47 s 300
Information about this reprintThis
by-law is reprinted as at 29 July 2005.The reprint shows
the law as amended by allamendments that commenced on or before
that day (Reprints Act 1992 s 5(c)).The reprint
includes a reference to the law by which each amendment was
made—see listof legislation and list of annotations in
endnotes. Also see list of legislation for anyuncommenced
amendments.This page is specific to this reprint.See
previous reprints for information about earlierchangesmadeundertheReprintsAct1992.Atableofreprintsisincludedintheendnotes.Also see endnotes
for information about—•when provisions
commenced•editorial changes made in earlier
reprints.Dates shown on reprintsReprints dated at
last amendmentAll reprints produced on or after 1 July
2002, hardcopy and electronic, are dated as at the last
date of amendment. Previously reprints weredated as at the
date of publication. If a hard copy reprint is dated earlier than
an electronicversion published before 1 July 2002, it
means the legislation was not further amendedand the reprint
date is the commencement of the last amendment.If the date of a
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Also, any revised edition of the previously published electronic
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s13s4Education (Teacher Registration) By-law
1999Education (Teacher Registration) By-law
1999[as amended by all amendments that commenced
on or before 29 July 2005]Part 1Preliminary1Short
titleThisby-lawmaybecitedastheEducation(TeacherRegistration) By-law 1999.2Definitions—the
dictionaryThe dictionary in schedule 2 defines
particular words used inthis by-law.3References to period of study or
educationA reference in this by-law to a number of
years of study oreducationisareferencetothestatednumberofyearsoffull-timestudyoreducation, andincludesareferencetoanamount of study or education that the
board is satisfied is theequivalent of the stated number of
years of full-time study oreducation.Part 2Registration of teachers4Qualifications and experience for full
registration—Act,s 38(1)Apersonhasthequalificationsandexperienceforfullregistration as a teacher if—(a)the person—
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54s 5AEducation
(Teacher Registration) By-law 1999(i)has
successfully completed a prescribed course ofhigher education;
and(ii)hassuccessfullycompleted1yearofteachingservice,ortheequivalentof1yearofteachingservice, to the
satisfaction of the board; and(iii)has
the prescribed level of English proficiency; or(b)theboardconsiderstheperson’seducation,abilities,experienceandcontributiontoeducationareofsufficient merit to warrant full
registration.Example for paragraph (b)—Theboardmayconsiderapersonhasthequalificationsandexperience for full registration as a
teacher if the person has longand meritorious
teaching experience and has held a position ofresponsibility in
the education profession.5Qualifications
and experience for provisionalregistration—Act,
s 38(2)A person has the qualifications and
experience for provisionalregistration as a teacher if—(a)the person—(i)has
successfully completed—(A)a prescribed
course of higher education; or(B)atleast3yearsofhighereducation,includingatleast1yearofprofessionalstudies;
and(ii)has the prescribed level of English
proficiency; or(b)theboardconsiderstheperson’seducation,abilities,experienceandcontributiontoeducationareofsufficient merit to warrant
provisional registration.5AFee for a written
report about an applicant’s criminalhistoryAnapplicationforregistrationorrestorationmustbeaccompanied by the fee for the board
to obtain a written reportabout the applicant’s criminal history
under section 37A of theAct.
s65s9Education (Teacher Registration) By-law
19996Form of reports and returns—Act, s
45(1)Theprescribedwayfortheprincipalofaschooltogiveareport or return required under section 45
of the Act is to giveit in the approved form.7Other particulars required for
registrationFor section 35(1)(d) of the Act, the other
particulars about aperson required to be entered in the
register by the directorare—(a)the
person’s former name or names (if any); and(b)the
person’s date of birth; and(c)the person’s
teacher registration number.8Notice of change in registered
particularsA registered teacher must, as soon as
practicable, notify theboard if there is a change in the
registered particulars for theteacher.9Retention fee(1)Aregisteredteachermustpaythefeeforretentionoftheteacher’s name in
the register (theretention fee), for a
year,before the year starts.(2)A
registered teacher may pay the retention fee for 1 year, 2years
or 3 years.(3)If a registered teacher does not pay
the retention fee for a yearbeforetheyearstarts,theboardmustgivetheteacherawrittennoticestatingthattheteacher’sregistrationwillbecancelled unless the teacher pays the
retention fee by the day(thedue day)
stated in the notice.(4)The due day must
be at least 14 days after the day the notice isgiven.(5)If a teacher pays the retention fee
for a year before the yearstartsor,iftheteacherisgivenanoticeunderthissection,before the due
day stated in the notice, the board must give the
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106s 12Education
(Teacher Registration) By-law 1999teacherawrittennoticestatingthattheteacher’snamehasbeen retained in the register.(6)If a teacher is given a notice under
this section and does notpay the retention fee on or before the
due day stated in thenotice,theboardmustcanceltheteacher’sregistrationandgive
the teacher a written notice of the cancellation.10Authorisation to employ unregistered
persons inteaching duties(1)This
section applies to an authorisation under section 43(1) ofthe
Act to employ as a teacher, in a school, a person who isnot a
registered teacher.(2)An application for the authorisation
must be in the approvedform.(3)The
application must be signed by the principal of the schoolor by
another person authorised by the employer.(4)Theauthorisationmustbeheld,duringtheperiodofemployment that it covers, by the principal
of the school or byanother person authorised by the
employer.11Annual census of teachers(1)The principal of a school must give
the board a return of allpersons employed in teaching duties at
the school as at 1 Aprilin each year.(2)The
return must be given by 30 April in the year.(3)The
return must be in the approved form.12Rules(1)The
board may, by resolution, make rules for this part.(2)As soon as practicable after making a
rule, the board must, bygazette notice, state—(a)that a rule has been made; and(b)where a copy may be
inspected.
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137s 16Education
(Teacher Registration) By-law 1999(3)Withoutlimitingsubsection(2)(b),theboardmustensure the rule is set out in full in the
gazette.Part 3Election to the
board ofrepresentatives of registeredteachersDivision 1General13Representatives of registered teachers to be
electedThe representatives of registered teachers
who are nominatedfor appointment as members of the board
under section 3(2)(i)of the Act must be chosen by an
election held under this part.14Board
to fix election dateThe board must fix a date for the election
that is at least 45days before the end of the term of
appointment of the currentteacher representatives.15Notice of election(1)Thedirectormustpublishagazettenoticestatingthedatefixedfortheelectionandthefinaldateforthereceiptofnominations of candidates (thefinal nomination day).(2)The final nomination day must be at
least 21 days after thedate of the gazette notice and at
least 30 days before the datefixed for the
election.16Roll of electors(1)The
director must prepare a roll of electors entitled to vote atthe
election.(2)Allpersonswhoareregisteredteachersonthedayofthepublication of the notice of the
election are entitled to vote.
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178s 18Education
(Teacher Registration) By-law 199917Nomination of candidates(1)This
section applies to the nomination of a candidate for anelection.(2)The
nomination must be—(a)in the approved form; and(b)signed by 6 persons whose names appear
on the roll ofelectors; and(c)signedbythenominatedpersonasacceptingthenomination.(3)Thenominationpapermustbegiventothedirectorbefore4.00p.m. on the
final nomination day.(4)Acandidatemaywithdrawconsenttothecandidate’snominationbefore4.00p.m.onthefinalnominationdaybygivingthedirectoranoticeofwithdrawalintheapprovedform.(5)If,beforesendingthevotingpaperstotheelectors,thedirectorreceivesnoticeofthedeathofacandidate,thedirector may cancel the nomination of the
candidate.Division 2No election
required18Procedure if no more persons nominated
than number tobe elected(1)Thissectionappliesifthenumberofpersonsnominatedascandidates is not more than the number
required to be elected.(2)Thepersonsnominatedaretakentohavebeenelectedasaresult of an
election involving registered teachers.(3)The
director must—(a)declarethepersonsnominatedtobeelectedbyregistered teachers; and(b)give the Minister a notice, signed by
the director, statingthe names of the candidates elected
and the date of thedeclaration of the result of the
election.
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199s 21Education
(Teacher Registration) By-law 1999Division 3Conduct of election19Procedure if more persons nominated than
number to beelectedIf the number of
persons nominated as candidates is more thanthe number
required to be elected, an election must be heldunder
this division.20Voting papersThe director
must, without unreasonable delay after the finaldate
for receipt of nominations—(a)decide, by lot,
the order of the candidates on the votingpaper; and(b)have voting papers prepared in the
approved form; and(c)send to every person included in the
roll of electors, attheperson’saddressrecordedintheregister,avotingpaperandanopenenvelopemarked‘VotingPaperOnly’.21Statement by candidate(1)A
candidate may prepare a statement consisting of—(a)thecandidate’shomeaddress,age,qualifications,experience,currentprofessionalpositionandprofessional address; and(b)a statement of not more than 100 words
about anythingelse the candidate decides.(2)If a candidate prepares a statement
under subsection (1) andgives it to the director within 7 days
after the final nominationday, the director must include the
statement with the votingpapers sent to persons included in the
roll of electors, unlessthedirectorhasareasonableexcusefornotincludingthestatement.Examples of a
reasonable excuse—1A statement
includes a matter the director believes may be unlawfulor
defamatory.
s
2210s 24Education
(Teacher Registration) By-law 19992Thedirectorisnotabletoincludethestatementduetoacircumstance
beyond the director’s control.22Procedures for voters(1)Each
voter must vote by placing, on the voting paper, marks inthe
squares opposite the names of the candidates for whom thevoter
votes.(2)The voter must—(a)enclosethevoter’svotingpaperintheenvelopeforwarded to the
voter under section 20(c); and(b)give
the envelope to the director before 11.00a.m. on theday
fixed for the election.23Procedures for
director(1)Thedirectormustensureeveryvotingpapergiventothedirector before 11.00a.m. on the day
fixed for the election isdeposited in a sealed ballot
box.(2)The director must take steps to
ensure—(a)only persons qualified to vote at the
election have voted;and(b)the secrecy of
the ballot is preserved.24Scrutineers(1)Thechairpersonoftheboardmustappoint2personstobescrutineersfortheexaminationofthevotingpapersfortheelection.(2)Each candidate may appoint, by written
notice, 1 scrutineer tobe present when the director opens the
envelopes containingthe voting papers on the day of the
election.(3)A candidate must give the notice
appointing a scrutineer to thedirector at least
5 days before the day fixed for the election.(4)Theelectionisnotinvalidbecauseacandidatedoesnotappointascrutineerorbecauseapersonappointedasascrutineer does
not carry out the duties of a scrutineer.
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2511s 27Education
(Teacher Registration) By-law 199925Examination and counting of votes(1)On the day fixed for the election, the
director must—(a)open the envelopes returned to the
director under section22 and remove the voting papers;
and(b)examine the voting papers; and(c)count the votes received by the
candidates.(2)The director may appoint persons,
other than a candidate orscrutineer,asassistantstohelpthedirectorinopeningtheenvelopes,examiningthevotingpapersandcountingthevotes.(3)The
opening of the envelopes, examining of the voting papersand
counting of votes must take place in the presence of thescrutineers.(4)Acandidatemaynotbepresentwhentheenvelopesareopened,thevotingpapersareexaminedorthevotesarecounted.26Certain votes not to be counted(1)An informal vote must not be
counted.(2)A vote is informal if—(a)it contains votes for more than the
required number ofcandidates; or(b)it
contains a mark or other writing other than a vote for acandidate in the election; or(c)itissoimperfectlyexecutedthattheintentionofthevoter can not be
ascertained with certainty; or(d)it is
otherwise manifestly irregular.(3)If
the director is not satisfied a voter was entitled to vote at
theelection, the vote must not be
counted.27Declaration of result of
election(1)When all the voting papers have been
examined and the votescounted,thedirectormustprepareandsignastatementdeclaring the result of the
election.
s
2812s 31Education
(Teacher Registration) By-law 1999(2)The
statement may be countersigned by scrutineers who arepresent and consent to sign it.(3)The statement must contain the number,
in words as well asfigures, of the votes for each candidate,
and must, subject tosection28,declaretobeelectedtherequirednumberofcandidates who have received the
greatest number of votes.28Tied
candidates(1)Thissectionappliesif2ormorecandidates(thetiedcandidates)havereceivedanequalnumberofvotesand,because of the required number of
candidates, not all the tiedcandidates are to
be declared elected.(2)The director must decide by lot which
of the tied candidates isto be declared elected.(3)Thedirectormustdeclarethetiedcandidateorcandidatesdecided by lot to
be elected under section 27.29Minister to be notifiedThedirectormustgivetheMinisteranotice,signedbythedirector, stating
the names of the candidates elected and thedate of the
declaration of the result of the election.30Ballot papers after election(1)Thedirectormustkeeptheballotpapersandacopyoftheroll,signedbythedirector,foratleast1yearafterthedeclaration of the result of the
election.(2)The director must destroy the ballot
papers and roll after theyear.31Election not to be invalidAn
election is not invalid because of—(a)aformalerrorordefectinadeclarationorotherinstrument or in
a publication made, or intended to bemade, under this
by-law; or(b)a publication being out of time;
or
s
3213s 34Education
(Teacher Registration) By-law 1999(c)a
delay in holding the election at the time appointed orin
taking the poll; or(d)an inadvertent failure to give an
elector a notice or ballotpaper; or(e)a
defect of a merely formal nature.Part 4Miscellaneous32FeesThe fees in schedule 1 are the fees
payable to the board.33Approval of
formsThe board may approve forms for use under
this by-law.34RepealTheEducation(TeacherRegistration)By-law1989isrepealed.
15Education (Teacher Registration) By-law
1999Schedule 2Dictionarysection 2corresponding
lawmeans a law applying, or that applied,
inthe Commonwealth, another State or a
Territory that provides,orprovided,forthesamematterastheHigherEducation(General Provisions) Act 2003or a
provision of that Act.course of preservice teacher
educationmeans—(a)a
course of preservice teacher education provided by—(i)ahighereducationinstitutionestablishedorrecognised as a university under an Act;
or(ii)an interstate university; or(b)a course of preservice teacher
education that is, or hasbeen,accreditedorrecognisedundertheHigherEducation
(General Provisions) Act 2003, a former
Actor a corresponding law.final nomination
daysee section 15(1).former
Actmeans a repealed Act, or repealed provisions
of anAct,thatprovidedforthesamematterastheHigherEducation(GeneralProvisions)Act2003oraprovisionofthat
Act.highereducationinstitutionseetheHigherEducation(General Provisions) Act 2003,
schedule 2.interstateuniversityseetheHigherEducation(GeneralProvisions) Act
2003, schedule 2.postgraduatecourseofpreserviceteachereducationmeans—(a)apostgraduatecourseofpreserviceteachereducationprovided
by—(i)ahighereducationinstitutionestablishedorrecognised as a university under an Act;
or(ii)an interstate university;
or
16Education (Teacher Registration) By-law
1999Schedule 2 (continued)(b)apostgraduatecourseofpreserviceteachereducationthat is, or has
been, accredited or recognised under theHigherEducation(GeneralProvisions)Act2003,aformer Act or a corresponding law.prescribedcourseofhighereducationmeansanyofthefollowing
courses—(a)a course of preservice teacher
education consisting of atleast4yearsacademicstudy,includingprofessionalstudies that are
at least 1 year of academic study;(b)apostgraduatecourseofpreserviceteachereducationconsisting of
professional studies that are at least 1 yearof academic
study;(c)anothercourseofteachereducation,providedbyahigher education institution, the
board is satisfied is theequivalent of a course mentioned in
paragraph (a) or (b).prescribedlevelofEnglishproficiencymeansalevelofEnglish proficiency that enables a person to
communicate inEnglish in spoken and written language at a
professional levelwith students, parents, teachers and other
persons.professional studiesmeans studies in
teacher education thatinclude—(a)theoretical and practical aspects of
education including,for example, psychology, philosophy, the
social contextof schooling, curriculum studies and studies
in teachingand learning; and(b)supervised teaching experience.teacher registration numbermeans
the number assigned bytheboardtoapersonforthepurposesoftheperson’sregistration.
17Education (Teacher Registration) By-law
1999Endnotes1Index to endnotesPage2Date to which amendments incorporated
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.173Key . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . .174Table of reprints
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . .185List
of legislation . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . .186List of annotations . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . .192Date to which amendments
incorporatedThis is the reprint date mentioned in the
Reprints Act 1992, section 5(c). Accordingly, thisreprint includes all amendments that
commenced operation on or before 29 July 2005.Future amendments
of the Education (Teacher Registration) By-law 1999 may be made
inaccordance with this reprint under the
Reprints Act 1992, section 49.3KeyKey to abbreviations in list of
legislation and annotationsKeyAIAamdamdtchdefdivexpgazhdginslapnotfdo in
comorigpparaprecpresprevExplanation=Acts
Interpretation Act 1954=amended=amendment=chapter=definition=division=expires/expired=gazette=heading=inserted=lapsed=notified=order
in council=omitted=original=page=paragraph=preceding=present=previousKey(prev)procprovptpubdR[X]RArelocrenumrep(retro)rvsschsdivSIASIRSLsubunnumExplanation=previously=proclamation=provision=part=published=Reprint No.[X]=Reprints Act 1992=relocated=renumbered=repealed=retrospectively=revised edition=section=schedule=subdivision=Statutory Instruments Act 1992=Statutory Instruments Regulation
2002=subordinate legislation=substituted=unnumbered
18Education (Teacher Registration) By-law
19994Table of reprintsReprints are
issued for both future and past effective dates. For the most
up-to-date tableof reprints, see the reprint with the latest
effective date.Ifareprintnumberincludesaletterofthealphabet,thereprintwasreleasedinunauthorised, electronic form only.ReprintNo.11A1B2Amendments tonone2000
SL No. 3172001 SL No. 2722001 SL No.
272Effective29 October
19998 December 200021 December
200121 December 2001Reprint
date1 November 199919 December
20004 January 200221 December
2001ReprintNo2A2B2C2DAmendments included2004
SL No. 582004 SL No. 2452005 SL No.
382005 SL No. 168Effective21
May 200419 November 200424 March
200529 July 2005Notes5List of legislationEducation (Teacher Registration) By-law 1999
SL No. 247made by the Board of Teacher Registration on
13 October 1999notfd gaz 29 October 1999 pp 814–7commenced on date of notificationexp 1
September 2010 (see SIA s 54)Note—The expiry
date may have changed since this reprint was published. See
thelatest reprint of the SIR for any
change.amending legislation—Education (Teacher
Registration) Amendment By-law (No. 1) 2000 SL No. 317notfd
gaz 8 December 2000 pp 1374–7commenced on date
of notificationEducation (Teacher Registration) Amendment
By-law (No. 1) 2001 SL No. 272notfd gaz 21
December 2001 pp 1482–8commenced on date of
notificationEducation (Teacher Registration) Amendment
By-law (No. 1) 2004 SL No. 58notfd gaz 21 May
2004 pp 191–4commenced on date of notificationEducation (Teacher Registration) Amendment
By-law (No. 2) 2004 SL No. 245notfd gaz 19
November 2004 pp 955–6commenced on date of
notification