Education (Queensland College of Teachers) Act 2005Education (Queensland College of Teachers) Regulation 2016Part 1Preliminary1Short titleThis regulation may be cited as the Education (Queensland College of Teachers) Regulation 2016.2CommencementThis regulation commences on 1 January 2017.3DictionaryThe dictionary in schedule 2 defines particular words used in this regulation.4References to a stated number of years of academic studyA reference in section 5 or 8 to a stated number of years of academic study—(a)is a reference to the stated number of years of full-time academic study; and(b)includes a reference to an amount of academic study the college is satisfied is the equivalent of the stated number of years of full-time academic study.
Part 2Registration or permission to teachDivision 1Eligibility for full registration5QualificationsFor section 8(1)(a)(i) of the Act, the prescribed qualification for full registration is successful completion of—(a)a course of preservice teacher education consisting of at least 4 years academic study, including professional studies that are at least 1 year of academic study; or(b)a graduate course of preservice teacher education consisting of professional studies that are at least 1 year of academic study; or(c)another course of teacher education, provided by a higher education institution, that the college is satisfied is the equivalent of a course mentioned in paragraph (a) or (b).
6Experience(1)For section 8(1)(a)(i) of the Act, the prescribed experience for full registration is—(a)successful completion of 1 year of duties as a teacher at a school; or(b)other experience the college is satisfied is the equivalent of successful completion of 1 year of duties as a teacher at a school.
(2)For subsection (1), the college may be satisfied a person has the prescribed experience if the college receives notice of the experience from—(a)the principal of the school at which the teaching was carried out; or(b)another person the college considers can adequately inform the college about the teaching or other experience.
7Additional requirement for professional practice for full registrationFor section 8(1)(d) of the Act, the prescribed requirement for professional practice for full registration is the ability to communicate in spoken and written English at a professional level with students, parents, teachers and other persons.Division 2Eligibility for provisional registration8QualificationsFor section 9(1)(a)(i) of the Act, the prescribed qualification for provisional registration is successful completion of—(a)a course of preservice teacher education consisting of at least 4 years academic study, including professional studies that are at least 1 year of academic study; or(b)a graduate course of preservice teacher education consisting of professional studies that are at least 1 year of academic study; or(c)another course of teacher education, provided by a higher education institution, that the college is satisfied is the equivalent of a course mentioned in paragraph (a) or (b).
9Additional requirement for professional practice for provisional registrationFor section 9(1)(d) of the Act, the prescribed requirement for professional practice for provisional registration is the ability to communicate in spoken and written English at a professional level with students, parents, teachers and other persons.Division 3Eligibility for permission to teach10Additional requirement for professional practice for permission to teachFor section 10(1)(d) of the Act, the prescribed requirement for professional practice for permission to teach is the ability to communicate in spoken and written English at a professional level with students, parents, teachers and other persons.Division 4Renewal of full registration11Particular requirements for renewal of full registration(1)For section 29(2)(c)(i)(A) and (ii)(A) of the Act, the prescribed duration is 6 months.(2)For section 29(2)(c)(i)(B) and (ii)(B) of the Act, the prescribed period is 5 years immediately before the day a teacher’s full registration ends.Division 5Educational programs12Prescribed educational programs(1)For the Act, schedule 3, definition teacher, paragraph (a)(ii), each of the following educational programs is prescribed—(a)an educational program based on the Australian curriculum;(b)an educational program based on a syllabus developed, purchased or revised by the Queensland Curriculum and Assessment Authority under the curriculum and assessment Act;(c)an educational program based on a kindergarten guideline developed, purchased and revised, or accredited by the Queensland Curriculum and Assessment Authority under the curriculum and assessment Act.
(2)In this section—Australian curriculum see the curriculum and assessment Act, schedule 1.curriculum and assessment Act means the Education (Queensland Curriculum and Assessment Authority) Act 2014.kindergarten guideline see the curriculum and assessment Act, schedule 1.Part 2ACertification of teacherspt 2A hdg ins 2019 Act No. 14 s 1312APrescribed employing authorities—Act, s 67AFor section 67A(2)(c) of the Act, the following employing authorities are prescribed—(a)an employing authority for a State school;(b)an employing authority for a non-State school represented by QCEC.
s 12A ins 2019 Act No. 14 s 1312BPrescribed employing authorities—Act, s 67JFor section 67J(3)(b) of the Act, the following employing authorities are prescribed—(a)an employing authority for a State school;(b)an employing authority for a non-State school represented by QCEC.
s 12B ins 2019 Act No. 14 s 1312CPrescribed entities—Act, s 230BFor section 230B(3) of the Act, the following entities are prescribed—(a)an employing authority for a State school;(b)an employing authority for a non-State school represented by QCEC;(c)QCEC.
s 12C ins 2019 Act No. 14 s 13Part 3Requirements for carrying out election of practising teachers for appointment to boardDivision 1Purpose of part13Purpose of partThis part states, for section 240(2) of the Act, the requirements for carrying out an election (a board member election) of practising teachers for appointment as members of the board under section 239(1)(j) of the Act.Division 2Director to conduct election14Director to conduct electionThe director must conduct the board member election, but the day for the election must be fixed by the board under section 15.Division 3Matters before the election15Election day to be fixed(1)The board must fix, as the election day for the board member election, a day at least 45 days before the end of the term of appointment of the elected members of the board.(2)In this section—elected members of the board means the board members elected for section 239(1)(j) of the Act.16Roll of electorsThe director must prepare a roll (the roll of electors) of persons (each an elector) who are registered teachers on the day the notice of election is published.17Notice of election and of right to nominate candidates(1)The director must publish a notice (the notice of election) that contains information about the board member election, including—(a)the election day; and(b)the final day (the final nomination day) for the receipt of nominations of candidates for the election.
(2)The final nomination day must be—(a)at least 10 days after the day the notice of election is published; and(b)at least 21 days before the election day.
(3)The director must publish the notice of election in a way the director reasonably considers will, or is likely to, bring the notice to the attention of all electors.Example—publication in an appropriate newsletter, by email to electors or on the college’s website18Nomination of candidates(1)A practising teacher may be nominated as a candidate for the board member election if—(a)the practising teacher’s name is on the roll of electors; and(b)the teacher is nominated as a candidate by 6 registered teachers (other than the practising teacher) whose names are also on the roll of electors.
(2)However, the practising teacher can not be nominated as both a State schools candidate and as a non-State schools candidate for the election.19Form of nominations and time within which nominations may be given(1)A nomination of a candidate for the board member election must be written and signed by—(a)the candidate as accepting the nomination; and(b)the 6 registered teachers making the nomination.
(2)The nomination must be given to the director before 4.00p.m. on the final nomination day for the election.(3)A candidate for the election may withdraw the candidate’s acceptance of the candidate’s nomination before 4.00p.m. on the final nomination day by giving the director a written notice withdrawing the acceptance.(4)If the director becomes aware of the death of a candidate for the election before any ballots are made available by the director to voters for the election, the director may cancel the nomination of the candidate.Division 4When no vote is needed20If only 1 or 2 State schools candidates(1)This section applies if there are no more than 2 State schools candidates for the board member election.(2)The director need not conduct a vote for the election of the State schools members.(3)The candidates are taken to have been elected unopposed.(4)The director must—(a)declare the candidates elected; and(b)give the Minister a notice, signed by the director, stating—(i)the name of each candidate; and(ii)the candidate is elected as a State schools member; and(iii)the day the result of the election is declared.
21If only 1 non-State schools candidate(1)This section applies if there is only 1 non-State schools candidate for the board member election.(2)The director need not conduct a vote for the election of the non-State schools member.(3)The candidate is taken to have been elected unopposed.(4)The director must—(a)declare the candidate elected; and(b)give the Minister a notice, signed by the director, stating—(i)the name of the candidate; and(ii)the candidate is elected as the non-State schools member; and(iii)the day the result of the election is declared.
Division 5If a vote is needed22Application of divisionThis division applies to the board member election, other than to the extent a vote is not needed because of the operation of section 20 or 21.23Order of candidate’s names on ballot(1)As soon as practicable after the final nomination day for the board member election, the director must decide, by lot, the order of the candidate’s names on the ballot for the board member election.(2)Subsections (3) and (4) apply if a vote is needed for both State schools candidates and non-State schools candidates (each a ballot group).(3)The names of the candidates for each ballot group must be stated on the ballot separately from the names of the candidates for the other ballot group.(4)The names of candidates in a ballot group must be stated on the ballot in the order decided under subsection (1).24Content of ballotThe ballot for the board member election must state the following—(a)the election day and election time;(b)the name of each candidate, listed in the order decided under section 23;(c)who an elector may vote for under section 27;(d)for each candidate, whether the candidate is—(i) a State schools candidate; or(ii)a non-State schools candidate;
(e)instructions about how an elector may cast a vote.
25Notice of election day and election time and how to cast a voteThe director must, at least 21 days before the election day for the board member election, give each elector a written notice stating—(a)the election day and election time; and(b)instructions about how an elector may cast a vote.
26Statement by candidate(1)A candidate for the board member election may prepare a statement, in writing or as an audio or video recording, that—(a)must include the candidate’s academic qualifications, current professional position and professional address; and(b)may include other information the candidate considers relevant to the candidate’s candidacy.
(2)The information mentioned in subsection (1)(b) must—(a)if the statement is written, be not more than 100 words; or(b)if the statement is as an audio or video recording, be not more than 1 minute long.
(3)If a candidate prepares a statement under this section and gives it to the director before 4.00p.m. on the final nomination day, the director must take action the director reasonably considers will, or is likely to, make the statement accessible to each elector for the election, unless the director has a reasonable excuse.Examples of a reasonable excuse—1The director can not take the action due to a circumstance beyond the director’s control.2The statement includes material the director reasonably believes may be unlawful or defamatory.
27Voting(1)An elector for the board member election may vote for—(a)if the elector is a registered teacher who identifies himself or herself as affiliated with State schooling—a State schools candidate; or(b)if the elector is a registered teacher who identifies himself or herself as affiliated with non-State schooling—a non-State schools candidate.
(2)Voting in the election must be done in accordance with the instructions about how an elector may cast a vote stated in the ballot.28Director’s duty about integrity and security of voting systemThe director must take reasonable steps to ensure the integrity and security of the voting system used for the board member election.29Counting of votes(1)The director must arrange for the votes cast in the board member election to be counted.(2)As soon as practicable after the election time on the election day, the director must—(a)accept each formal vote and reject each informal vote; and(b)for each candidate, count and record the number of formal votes cast.
(3)Despite subsection (2)(a), the director may accept an informal vote if the director considers the intention of the voter is clear.(4)Also, if the director is not satisfied a voter is an elector for the election, the vote by the voter must not be counted.(5)In this section—formal vote means a vote that is cast in accordance with the instructions mentioned in section 27(2).informal vote means a vote that is not cast in accordance with the instructions mentioned in section 27(2).30Declaration of result of election(1)As soon as practicable after the votes for the board member election have been counted, the director must prepare and sign a notice stating—(a)each candidate’s name; and(b)for each candidate, the number, in words and figures, of the votes for the candidate; and(c)the following are declared elected—(i)if a vote is needed for State schools candidates—the State schools candidates decided as provided by subsections (2) and (4);(ii)if a vote is needed for non-State schools candidates—the non-State schools candidate decided as provided by subsections (3) and (4); and
(d)for each candidate declared elected, whether the candidate is elected as a State schools member or as a non-State schools member; and(e)the day the result of the board member election is declared.
(2)For subsection (1)(c)(i), the 2 State schools candidates with the highest, or highest and next highest number of votes are elected.(3)For subsection (1)(c)(ii), the non-State schools candidate with the highest number of votes is elected.(4)If 2 or more candidates (the tied candidates) receive the same number of votes, so that it is not possible to identify which of the tied candidates is elected under subsection (2) or (3), the director must decide, by lot, which of the tied candidates is elected.(5)The director’s signing of the notice must be witnessed by 2 other persons, and both witnesses must also sign the notice.(6)The director must give the notice to the Minister as soon as practicable after subsection (5) is complied with for the notice.(7)In this section—vote means a vote counted under section 29.Division 6Other matters31Election not to be invalidThe board member election is not invalid because of—(a)a formal error or defect in a declaration or other instrument or in a publication made, or intended to be made, under this regulation; or(b)a publication being out of time; or(c)a delay in holding the election at the time appointed or in taking an action in relation the election; or(d)an inadvertent failure to give an elector a notice or ballot; or(e)a defect of a merely formal nature.
Part 4Miscellaneous32Changes in approved teacher’s circumstances to be notified to collegeFor section 71(2) of the Act, definition prescribed change in circumstances, a change in any of the following for an approved teacher is prescribed—(a)the teacher’s name;(b)the teacher’s address;(c)if the teacher is employed at a school on a permanent full-time or permanent part-time basis—the school at which the teacher is employed;(d)if the teacher relied on possession of a qualification to obtain registration or permission to teach—removal or variation of the qualification.
33National professional standards(1)For section 235(8) of the Act, definition national professional standards, the national professional standards prescribed are the professional standards for teachers approved by the Ministerial Council.(2)In this section—Ministerial Council means the Council of Commonwealth, State and Territories Ministers with responsibility for school education, as it exists from time to time.34FeesThe fees payable under the Act are stated in schedule 1.35Waiver of fee—financial hardshipThe board may waive, wholly or partly, payment of a fee payable under the Act by a person if the board is satisfied payment of the fee would cause the person financial hardship.Part 5Repeal36RepealThe Education (Queensland College of Teachers) Regulation 2005 SL No. 279 is repealed.Schedule 1Feessection 34Part 1Indexed feesFee units
1Eligibility application fee (Act, s 12E(3)(c)(i))147.45
2Registration application fee (Act, s 14(2)(b)(iii))—
(a)for a person who holds a qualification—(i)from a registered higher education provider for a preservice teacher education program approved by the college under section 236 of the Act; and(ii)successfully completed not more than 2 years before the application is madenil
(b)for another person114.50
3Permission to teach application fee (Act, s 14(2)(b)(iii))114.50
4Registration fee (Act, s 14(2)(b)(iv))147.45
5Permission to teach fee (Act, s 14(2)(b)(iv))147.45
6Restoration application fee (Act, s 37(1)(b)(ii))89.55
7Replacement fee (Act, s 63(2)(b))—
(a)for a certificate of registration40.45
(b)for a certificate of permission to teach40.45
8Annual fee, for each registration year (Act, s 66(1))95.00
9Fee for late payment of annual fee (Act, s 66(4))32.35
Part 2Non-indexed fees$
10Certification application fee (Act, s 67B(b))—
(a)for an application made by a teacher employed by the employing authority for a State school850.00
(b)for an application made by a teacher employed by the employing authority for a non-State school represented by QCEC850.00
11Fee for notice under the Act, s 67F(2)(a) (Act, s 67F(3)(b))—
(a)for a notice given by a teacher employed by the employing authority for a State school650.00
(b)for a notice given by a teacher employed by the employing authority for a non-State school represented by QCEC650.00
12Renewal application fee (Act, s 67K(b))—
(a)for an application made by a teacher employed by the employing authority for a State school100.00
(b)for an application made by a teacher employed by the employing authority for a non-State school represented by QCEC100.00
13Criminal history check fee (Act, sch 3, definition criminal history check fee)34.50
sch 1 sub 2017 SL No. 195 s 13; 2018 SL No. 141 s 12amd 2019 Act No. 14 s 14; 2019 SL No. 184 s 11sub 2020 SL No. 184 s 11; 2021 SL No. 147 s 9; 2022 SL No. 71 s 9amd 2022 SL No. 135 s 9; 2023 SL No. 137 s 8; 2024 SL No. 250 s 5Schedule 2Dictionarysection 3board member election see section 13.course of preservice teacher education means a course of preservice teacher education provided by a registered higher education provider.election day means the day fixed under section 15(1) for a board member election.election time, for a board member election, means the time on the election day by which votes must be returned to the director, as decided by the board.elector see section 16.final nomination day see section 17(1)(b).graduate course of preservice teacher education means a graduate course of preservice teacher education provided by a registered higher education provider.non-State schools candidate means a candidate for a board member election who is a practising teacher employed by the employing authority for a non-State school.non-State schools member means a person elected for appointment as a member of the board under section 239(1)(j)(ii) of the Act.notice of election see section 17(1).professional studies means studies in teacher education that include—(a)theoretical and practical aspects of education including, for example, psychology, philosophy, the social context of schooling, curriculum studies and studies in teaching and learning; and(b)supervised teaching experience.
QCEC means the Queensland Catholic Education Commission.sch 2 def QCEC ins 2019 Act No. 14 s 15roll of electors see section 16.State schools candidate means a candidate for a board member election who is a practising teacher employed by the State.State schools member means a person elected for appointment as a member of the board under section 239(1)(j)(i) of the Act.