Western Australian College of Teaching Act 2004
Western Australian College of Teaching Act 2004
CONTENTS
Part 1 — Preliminary
1.Short title2
2.Commencement2
3.Terms used2
4.Crown bound2
Part 2 — Western Australian College of Teaching
Division 1 — Establishment of College
5.College established3
6.College not an agent of the Crown3
Division 2 — Board of management
7.Board of management3
8.Functions of Board3
Division 3 — Relationship of College with the Minister
14.College to give regard to advice of Minister4
15.Minister to have access to information4
Division 4 — Functions and powers
16.Term used: residual affairs5
17.Function of College5
18.Powers of College5
Division 5 — Director and other staff
22.Use of government staff and facilities6
Division 6 — General
23.Protection from liability6
24.Duty not to make improper use of information7
25.Common seal and execution of documents by College7
Part 3 — Financial provisions
26.Funds available to the College9
Notes
Compilation table10
Provisions that have not come into operation11
Defined Terms
An Act to —
·establish the
·provide for the winding‑up of that College,
and for related purposes.
[Long title amended by No. 16 of 2012 s. 151.]
This Act may be cited as the Western Australian College of Teaching Act 2004 1.
In this Act —
Board means the Board established under section 7;
CEO has the meaning given in the Teacher Registration Act 2012 section 3;
College means the
commencement day means the day on which the Teacher Registration Act 2012 Part 9 Division 1 comes into operation;
Teacher Registration Board Account means the account referred to in the Teacher Registration Act 2012 section 115.
[Section 3 inserted by No. 16 of 2012 s. 152.]
(1)This Act binds the Crown in right of the State.
(2)Nothing in this Act renders the Crown liable to be prosecuted for an offence under this Act.
(3)Subsection (2) does not affect any liability of any officer, employee or agent of the Crown to be prosecuted for an offence.
Part 2 — Western Australian College of Teaching
Division 1 — Establishment of College
(1)The
(2)The College —
(a)is a body corporate;
(b)has perpetual succession and a common seal; and
(c)may sue and be sued in its corporate name.
6.College not an agent of the Crown
The College does not represent, and is not an agent of, the Crown.
Division 2 — Board of management
(1)The College is to have a board of management.
(2)The Board is constituted by the CEO.
[Section 7 amended by No. 16 of 2012 s. 153.]
(1)The Board is the governing body of the College.
(2)The Board, in the name of the College, is to perform the functions, determine the policies and control the affairs of the College.
[9‑13.Deleted by No. 16 of 2012 s. 154.]
14.College to give regard to advice of Minister
(1)The College must give due regard to any advice given by the Minister in relation to the exercise of its powers and the performance of its functions.
(2)The text of any written advice given under subsection (1) is to be included in the annual report of the College under section 29.
15.Minister to have access to information
(1)The Minister is entitled —
(a)to have information in the possession of the College; and
(b)where the information is in or on a document, to have, and make and retain copies of, that document.
(2)For the purposes of subsection (1) the Minister may —
(a)request the College to furnish information to the Minister;
(b)request the College to give the Minister access to information.
[(c)deleted]
[(3)deleted]
(4)The Minister is not entitled to have information under this section in a form that —
(a)discloses the identity of a person involved in a particular application, complaint, proceeding or inquiry; or
(b)might enable the identity of any such person to be ascertained,
unless that person has consented to the disclosure.
(5)In this section —
document includes any tape, disc or other device or medium on which information is recorded or stored;
information means information specified, or of a description specified, by the Minister that relates to the functions of the College.
[Section 15 amended by No. 16 of 2012 s. 155.]
Division 4 — Functions and powers
16.Term used: residual affairs
In this Division —
residual affairs means the affairs of the College in respect of —
(a)the real property held by the College under this Act immediately before commencement day; and
(b)any liabilities relating to that real property.
[Section 16 inserted by No. 16 of 2012 s. 156.]
(1)The function of the College is to manage and wind‑up its residual affairs.
(2)The College is to wind‑up its residual affairs as soon as is reasonably practicable after commencement day.
[Section 17 inserted by No. 16 of 2012 s. 156.]
(1)The College may do all things that are necessary or expedient for managing and winding‑up its residual affairs.
(2)Without limiting what may be done to wind‑up its residual affairs, the College is to —
(a)dispose of the real property held by the College under this Act immediately before commencement day; and
(b)discharge any remaining liabilities relating to that real property.
[Section 18 inserted by No. 16 of 2012 s. 156.]
[19‑21.Deleted by No. 16 of 2012 s. 157.]
(1)The College may by arrangement with the relevant employer make use, either full‑time or part‑time, of the services of any officer or employee —
(a)in the Public Service;
(b)in a State agency or instrumentality; or
(c)otherwise in the service of the Crown in right of the State.
(2)The Board may by arrangement with —
(a)a department of the Public Service; or
(b)a State agency or instrumentality,
make use of any facilities of the department, agency or instrumentality.
(3)An arrangement under subsection (1) or (2) is to be made on such terms as are agreed to by the parties.
(1)An action in tort does not lie against a person for anything that the person has, in good faith, done in the performance or purported performance of a function under this Act.
(2)The College is also relieved of any liability it might otherwise have had for another person having done anything as described in subsection (1).
(3)The protection given by this section applies even though the thing described in subsection (1) may have been capable of being done whether or not this Act had been enacted.
(4)In this section, a reference to the doing of anything includes a reference to an omission to do anything.
24.Duty not to make improper use of information
A member or former member of the Board or a committee must not, whether within or outside the State, make improper use of information acquired by virtue of his or her position as such to gain, directly or indirectly, an advantage for himself or herself or for any other person.
Penalty: $10 000.
25.Common seal and execution of documents by College
(1)A document is duly executed by the College if —
(a)the common seal of the College is affixed in accordance with subsections (2) and (3); or
(b)it is signed on behalf of the College by the CEO.
(2)The common seal of the College is not to be affixed to a document except as authorised by the College.
(3)The common seal of the College is to be affixed to a document in the presence of the CEO and the CEO is to sign the document to attest that the common seal was so affixed.
(4)The common seal of the College is —
(a)to be in a form determined by the College;
(b)to be kept in such custody as the College directs; and
(c)not to be used except as authorised by the College.
(5)A document purporting to be executed in accordance with this section is to be presumed to be duly executed until the contrary is shown.
(6)When a document is produced bearing a seal purporting to be the common seal of the College, it is to be presumed that the seal is the common seal of the College until the contrary is shown.
(7)All courts and persons acting judicially are to take notice of the common seal of the College.
[Section 25 amended by No. 16 of 2012 s. 158.]
26.Funds available to the College
(1)All moneys received by the College in performing its function under this Act, including any proceeds from the disposal of property, are to be credited to the Teacher Registration Board Account.
(2)All expenditure incurred by the College for the purposes of performing its function, including the repayment of moneys borrowed by or advanced to the College, is to be charged to the Teacher Registration Board Account.
[Section 26 inserted by No. 16 of 2012 s. 159.]
[Schedules 1‑4 deleted by No. 16 of 2012 s. 162.]
1This is a compilation of the
1aOn the date as at which thi
Provisions that have not come into operation
Short title |
Number and year |
Assent |
Commencement |
Teacher Registration Act 2012 s. 132 3 |
16 of 2012 |
3 Jul 2012 |
To be proclaimed (see s. 2(b)) |
2The amendment in the Prostitution Amendment Act 2008 s. 34 is not included because the Schedule it sought to amend had been deleted by the Teacher Registration Act 2012 s. 167 before the amendment purported to come into operation.
3On the date as at which this compilation was prepared, the Teacher Registration Act 2012 s. 132 had not come into operation. It reads as follows:
132.
(1)The
(2)If, when this section comes into operation, Part 9 Division 1 is not in operation, then Part 9 Division 1 is repealed.
[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]
Defined TermProvision(s)
applicant42(4)
application3(1)
appointedSch. 1 cl. 1
associate member of the College3(1)
Board3(1)
child55(6)
College3(1)
commencement daySch. 4 cl. 1
committee3(1)
criminal record check3(1)
Director3(1)
disciplinary action3(1)
document15(5)
electedSch. 1 cl. 1
employer50(3), 59(3), 73(5)
inaugural electionSch. 1 cl. 1
information15(5)
inquiry3(1)
limited authority to teach3(1)
memberSch. 1 cl. 1
member of the Board3(1)
member of the College3(1)
misconductSch. 1 cl. 4(3)
provisional registration3(1)
register3(1)
registered teacher3(1)
registration3(1)
rules3(1)
serious misconduct the nature of which renders the person unfit to be a teacher63(2)
seriously incompetent as a teacher63(2)
sexual offence55(6)
teacher49(2)
teacher currently teachingSch. 4 cl. 2(3)
teacher not currently teachingSch. 4 cl. 3(3)
teaching3(1)
unprofessional conduct3(1)