Teacher Registration Act 2012

Teacher Registration (General) Regulations 2012

 

Teacher Registration (General) Regulations 2012

Contents

Part 1 — Preliminary

1.Citation1

2.Commencement1

3.Terms used1

Part 2 — General provisions

4.Prescribed actionable offences (s. 3)3

5.Prescribed bodies or agencies (s. 3)3

6.Prescribed curriculum (s. 3)3

7.When unpaid volunteers are teaching (s. 3)4

8.Other persons who are not teaching (s. 3)5

Part 3 — Registration

Division 1 — Registration of teachers

10.English language skills for full and provisional registration (s. 15(d), 16(c) and 16A(d))6

11.English language skills for limited registration (s. 17(c))7

12.Other requirements for limited registration (s. 17(d))9

13.Renewal of registration — other requirements (s. 22(2)(c))10

17.Condition on limited registration (s. 25(2))11

18.Applicant may change category of registration applied for11

19.Provision of information about eligibility for registration12

20.Registration cards13

Division 2 — The register

21A.Additional information to be recorded in register (s. 36(1)(e))14

Part 4 — Disciplinary and impairment matters

21.Public complaints15

Part 5 — Miscellaneous

23.Payment of relief teachers during Board or committee meetings16

24.Retention of criminal history checks16

25.Employer to supply information about teachers16

26.Information to be given with notice when teacher ceases teaching in cases of serious incompetence or misconduct (s. 42(2))17

27A.Notice must be given of change of name or postal or email address19

27.Board may require information to be verified by statutory declaration19

27AA.Notices from Commissioner of Police (s. 41(2) and 41A(3))20

27AB.Notice from the Director of Public Prosecutions20

28.Fees20

Schedule 1 — Fees

Schedule 2 — Forms

Form 1 — Notice from Commissioner of Police under s. 41

Form 2 — Notice from Commissioner of Police under s. 41A

Form 3 — Notice from Director of Public Prosecutions under s. 41B

Notes

Compilation table32

Other notes33

Defined terms

 

Teacher Registration Act 2012

Teacher Registration (General) Regulations 2012

Part 1  Preliminary

1.Citation

These regulations are the Teacher Registration (General) Regulations 2012.

2.Commencement

These regulations come into operation as follows —

(a)regulations 1 and 2 — on the day on which these regulations are published in the Gazette;

(b)the rest of the regulations — on the day on which the Teacher Registration Act 2012 section 3 comes into operation.

3.Terms used

In these regulations —

Australian Crime Commission means the Australian Crime Commissioner established under the Australian Crime Commission Act 2002 (Commonwealth) section 7;

Note for this definition:

The ACC or Australian Crime Commission established by the Australian Crime Commission Act 2002 (Commonwealth) is, pursuant to the Australian Crime Commission Regulations 2018 (Commonwealth) regulation 8, known as the Australian Criminal Intelligence Commission.

mutual recognition principle means the principle applying to occupations as set out in Part 3 of the Mutual Recognition Act 1992 (Commonwealth), as adopted by the Mutual Recognition (Western Australia) Act 2020 1;

professional learning activities means activities that are referred to in, described by or in compliance with the professional learning activities policy;

registration card means a certificate of registration issued by the Board;

school has the meaning given in the School Education Act 1999 section 4;

Trans‑Tasman mutual recognition principle means the principle applying to occupations as set out in Part 3 of the Trans‑Tasman Mutual Recognition Act 1997 (Commonwealth), as adopted by the Trans‑Tasman Mutual Recognition (Western Australia) Act 2007.

[Regulation 3 amended: Gazette 13 Aug 2013 p. 3733; SL 2023/194 r. 9.]

Part 2  General provisions

4.Prescribed actionable offences (s. 3)

(1)In this regulation —

Class 1 offence has the meaning given in the Working with Children (Screening) Act 2004 section 7(1);

Class 2 offence has the meaning given in the Working with Children (Screening) Act 2004 section 7(2).

(2)For the purposes of paragraph (e) of the definition of actionable offence in section 3 of the Act, each of the following is prescribed —

(a)a Class 1 offence;

(b)a Class 2 offence.

[Regulation 4 inserted: SL 2023/194 r. 10.]

5.Prescribed bodies or agencies (s. 3)

For the purposes of the definition of criminal history check in section 3 of the Act, the Australian Crime Commission is prescribed.

[Regulation 5 inserted: SL 2023/194 r. 10.]

6.Prescribed curriculum (s. 3)

For the purposes of paragraph (b) of the definition of educational program in section 3 of the Act, each of the following is a prescribed curriculum —

(a)Belonging, Being and Becoming: The Early Years Learning Framework for Australia, part of the national education and care services quality framework and referred to in the Education and Care Services National Regulations 2012 regulation 254(1)(a);

[(b)deleted]

(c)the outline of curriculum and assessment in schools established by the School Curriculum and Standards Authority under the School Curriculum and Standards Authority Act 1997 section 9(1)(a);

(d)a course developed, or caused to be developed, by the School Curriculum and Standards Authority under the School Curriculum and Standards Authority Act 1997 section 9(1)(c);

(e)a course accredited by the School Curriculum and Standards Authority under the School Curriculum and Standards Authority Act 1997 section 9(1)(d);

(f)a course or part of a course recognised by the School Curriculum and Standards Authority under the School Curriculum and Standards Authority Act 1997 section 9(1)(e);

(g)a course registered as accredited on the State Register under the Education and Training Reform Act 2006 (Victoria) as being suitable for the purposes of a certificate in general education for adults;

[(h)deleted]

(i)the International Baccalaureate Diploma programme offered by the International Baccalaureate educational foundation.

[Regulation 6 amended: SL 2023/194 r. 11.]

7.When unpaid volunteers are teaching (s. 3)

For the purposes of paragraph (b)(iv) of the definition of teach in section 3 of the Act, the delivery and assessment referred to in paragraph (a)(i) of that definition for which the unpaid volunteer is solely or principally responsible is prescribed.

[Regulation 7 inserted: SL 2023/194 r. 12.]

8.Other persons who are not teaching (s. 3)

For the purposes of paragraph (b)(v) of the definition of teach in section 3 of the Act, the following persons are prescribed —

(a)an educator, as defined in the Education and Care Services National Law (Western Australia) section 5(1), unless the educator is an early childhood teacher, as defined in the Education and Care Services National Regulations 2012 regulation 4(1);

(b)assessors and trainers (as those terms are defined in the Standards for Registered Training Organisations (RTOs) 2015 made under the National Vocational Education and Training Regulator Act 2011 (Commonwealth) section 185) when delivering and assessing, or leading the delivery and assessment of, an educational program that is included in an approved VET course (as defined in the Vocational Education and Training Act 1996 section 5(1)).

[(c), (d)deleted]

[Regulation 8 amended: SL 2023/194 r. 13.]

[9.Deleted: SL 2023/194 r. 14.]

Part 3 — Registration

Division 1 — Registration of teachers

[Heading inserted: Gazette 28 Jan 2014 p. 177.]

10.English language skills for full and provisional registration (s. 15(d), 16(c) and 16A(d))

(1)For the purposes of sections 15(d), 16(c) and 16A(d) of the Act, the English language skills prescribed as suitable for full or provisional registration are that the requirements of one of subregulations (2) to (4) are met in relation to the applicant.

(2)The applicant has, within the period of 2 years before applying for registration under section 10 of the Act, undertaken the International English Language Testing System (Academic) test and achieved —

(a)an average of level 7.5 or more across the 4 components of listening, speaking, reading and writing; and

(b)no score below level 7 in any of those components; and

(c)a score of level 8 or more in the components of speaking and listening.

(3)The applicant has undertaken all of the components of a teaching qualification referred to in section 18A(1)(a)(i) or (ii) or (b) of the Act, as are relevant to the application, in the English language in one or more of the following countries —

(a)Australia;

(b)New Zealand;

(c)the United Kingdom;

(d)the United States of America;

(e)Canada;

(f)the Republic of Ireland.

(4)In the opinion of the Board —

(a)exceptional circumstances exist in relation to the applicant; and

(b)the applicant’s English language skills, both written and oral, are suitable for registration.

[Regulation 10 amended: SL 2023/194 r. 15.]

11.English language skills for limited registration (s. 17(c))

(1)For the purposes of section 17(c) of the Act, the English language skills prescribed as suitable for limited registration are that the requirements of one of subregulations (2) to (6) are met in relation to the nominee.

(2)The nominee has, within the period of 2 years before the application for registration under section 10 of the Act is made, undertaken the International English Language Testing System (Academic) test and achieved —

(a)an average of level 7.5 or more across the 4 components of listening, speaking, reading and writing; and

(b)no score below level 7 in any of those components; and

(c)a score of level 8 or more in the components of speaking and listening.

(3)The nominee has undertaken all of the components of a requirement under regulation 12(2)(a), (b) or (e), as are relevant to the application, in the English language in one or more of the following countries —

(a)Australia;

(b)New Zealand;

(c)the United Kingdom;

(d)the United States of America;

(e)Canada;

(f)the Republic of Ireland.

(4)If the teaching position is to teach, or to teach in, a language other than English, the nominee has —

(a)within the period of 2 years before the application for registration under section 10 of the Act is made, undertaken the test referred to in subregulation (2); and

(b)achieved a result that the Board is satisfied is sufficient for the nominee to adequately perform the duties of the teaching position.

(5)In the opinion of the Board —

(a)exceptional circumstances exist in relation to the nominee; and

(b)the nominee’s English language skills, both written and oral, are suitable for registration.

(6)If the teaching position is to teach, or to teach in, an indigenous language —

(a)the nominee is an Aboriginal person or a Torres Strait Islander; and

(b)the applicant has informed the Board in writing that the applicant is satisfied that the nominee’s English language skills are suitable for the teaching position.

(7)In subregulation (6)(a) —

Aboriginal person means a person who is a descendant of the Aboriginal people of Australia;

Torres Strait Islander means a person who is a descendant of the indigenous inhabitants of the Torres Strait Islands.

[(8)deleted]

[Regulation 11 amended: SL 2023/194 r. 16.]

12.Other requirements for limited registration (s. 17(d))

(1)In this regulation —

higher education award has the meaning given in the Tertiary Education Quality and Standards Agency Act 2011 (Commonwealth) section 5;

overseas higher education award has the meaning given in the Tertiary Education Quality and Standards Agency Act 2011 (Commonwealth) section 5.

(2)For the purposes of section 17(d) of the Act, a nominee offered a teaching position must meet one of the following requirements —

(a)the nominee holds a qualification that is, in the Board’s opinion, a teaching qualification;

(b)the nominee holds a higher education award or an overseas higher education award that is, in the Board’s opinion, relevant to the teaching position;

(c)the nominee has, in the opinion of the Board, expertise or skills in a subject relevant to the teaching position;

(d)the nominee is currently enrolled in an accredited initial teacher education program delivered in a manner approved by the Board for the purposes of this paragraph;

(e)the nominee has successfully completed all of the course requirements for, but has not yet received, a teaching qualification —

(i)from an accredited initial teacher education program; or

(ii)that the Board recognises as equivalent to the qualification referred to in subparagraph (i).

[Regulation 12 amended: SL 2023/194 r. 17.]

13.Renewal of registration — other requirements (s. 22(2)(c))

(1)For the purposes of section 22(2)(c) of the Act, the requirements for the renewal of registration set out in subregulations (2), (3), (4) and (4A) are prescribed.

(2)For the renewal of full registration, that the teacher has, since the registration was last granted or renewed —

(a)taught —

(i)for at least 100 full working days; or

(ii)for a period of time that would be equivalent in hours to at least 100 full working days;

and

(b)undertaken at least 100 hours of professional learning activities.

(3)For the renewal of provisional or limited registration that was last granted or renewed for 3 years, that the teacher has, since the registration was last granted or renewed —

(a)taught —

(i)for at least 60 full working days; or

(ii)for a period of time that would be equivalent in hours to at least 60 full working days;

and

(b)undertaken at least 60 hours of professional learning activities.

(4)For the renewal of provisional or limited registration that was last granted or renewed for less than 3 years, that the teacher has, since the registration was last granted or renewed —

(a)taught for a period of time calculated on a pro rata basis for the period since the registration was last granted or renewed, at the rate of 20 full working days for each year; and

(b)undertaken professional learning activities for a period of time calculated on a pro rata basis for the period since the registration was last granted or renewed, at the rate of 20 hours of professional learning activities for each year.

(4A)For the renewal of provisional registration in the category of provisional (graduate teacher) registration, that the teacher was conferred a qualification referred to in section 18A(1)(a)(i) of the Act within the period of 5 years before the day on which the Board receives the application for renewal.

(5)The requirements of subregulations (2), (3), (4) or (4A) do not apply in relation to the renewal of registration of a teacher if, in the opinion of the Board, there are sufficient reasons for those requirements not to apply.

[Regulation 13 amended: SL 2023/194 r. 18.]

[14‑16.Deleted: SL 2023/194 r. 19.]

17.Condition on limited registration (s. 25(2))

The limited registration of a teacher is subject to the condition that the teacher may only carry out such teaching activities as are required for the teacher to undertake the duties of the teaching position, or positions, offered to the teacher, as referred to in section 17(a) of the Act.

18.Applicant may change category of registration applied for

(1)A person who has applied for registration in a particular category may, by written notice to the Board, change the category of registration applied for at any time before the application is granted or refused.

(2)If the category of registration that an application is made in respect of is changed, as referred to in subregulation (1), the registration fee payable in respect of the application is the fee payable for the new category of registration and —

(a)the applicant is to pay to the Board any additional amount necessary to pay the fee in respect of the application; or

(b)the Board is to refund to the applicant any extra amount paid in respect of the application.

19.Provision of information about eligibility for registration

(1)In this regulation —

relevant information means information about a matter referred to in section 24 of the Act.

(2)The Board may provide written advice on the following matters to a person who is considering making an application for registration —

(a)advice regarding —

(i)whether or not a qualification held by the person would meet the requirement to hold a teaching qualification for registration in a particular category; and

(ii)any additional qualifications required so that a person would meet the requirement to hold a teaching qualification for full or provisional registration;

(b)advice regarding whether or not, taking into account the relevant information provided to the Board, a person would be a fit and proper person to be registered.

(3)The Board may provide the advice referred to in subregulation (2) —

(a)at the written request of a person; and

(b)on payment of the relevant fee set out in Schedule 1.

(4)The fee referred to in subregulation (3)(b) is not refundable.

(5)For the purposes of section 24(2)(a) of the Act, the requirements are that —

(a)the Board has provided advice under subregulation (2)(b) to the person that, taking into account the relevant information provided to the Board, the person would be a fit and proper person to be registered; and

(b)the advice was provided to the person within 5 years before the day on which the Board receives the registration application.

[(6)deleted]

[Regulation 19 amended: SL 2023/194 r. 20.]

20.Registration cards

(1)This regulation applies if the Board implements a registration card system for teachers.

(2)The Board is to ensure that each teacher is given a registration card —

(a)as soon as practicable after the commencement of the registration card system; and

(b)on each grant or renewal of the person’s registration.

(3)A registration card given to a teacher is to contain the following information about the teacher —

(a)the teacher’s full name;

(b)the category of registration that the teacher holds;

(c)the teacher’s registration number;

(d)the date of expiry of the teacher’s registration.

(4)The Board may, at the request of a teacher who has lost a registration card, provide a replacement registration card on payment of the relevant fee set out in Schedule 1.

Division 2 — The register

[Heading inserted: Gazette 28 Jan 2014 p. 177.]

21A.Additional information to be recorded in register (s. 36(1)(e))

(1)In this regulation —

automatic deemed registration has the meaning given in the Mutual Recognition Act 1992 (Commonwealth) section 42D(3).

(2)For the purposes of section 36(1)(e) of the Act, the following additional information is to be recorded in the register in respect of each registered teacher —

(a)the teacher’s date of birth and gender;

(b)the date of expiry of the teacher’s registration;

(c)the date on which the Board last determined that the teacher was a fit and proper person to be registered, in accordance with section 24 of the Act;

(d)any conditions imposed on the teacher’s registration —

(i)by the Board under section 26 of the Act; or

(ii)by order made under Part 5 of the Act;

(e)the name of each educational institution at which the teacher is currently teaching, insofar as that information is known to the Board;

(f)the date on which the annual fee is next payable by the teacher;

[(g)deleted]

(h)whether the teacher has automatic deemed registration to teach in an educational institution in the State.

[Regulation 21A inserted: Gazette 28 Jan 2014 p. 177-8; amended: SL 2022/125 r. 4; SL 2023/194 r. 21.]

[21B. Deleted: SL 2023/194 r. 22.]

Part 4  Disciplinary and impairment matters

21.Public complaints

A public complaint must describe —

(a)approaches made by the complainant to the teacher’s principal, supervisor or employer in an attempt to resolve the matter complained of; or

(b)if the complainant has not approached the teacher’s principal, supervisor or employer regarding the matter complained of, why the complainant did not do so.

[Regulation 21 amended: SL 2023/194 r. 23.]

[22. Deleted: SL 2023/194 r. 24.]

Part 5  Miscellaneous

23.Payment of relief teachers during Board or committee meetings

(1)In this regulation —

account means the Teacher Registration Board Account referred to in section 115 of the Act;

meeting means a meeting of the Board or a committee;

relief teacher, in relation to a member of the Board or a committee who is a registered teacher, means another registered teacher who teaches in the place of that member.

(2)If moneys held in the account are applied to meet the reasonable cost of providing a relief teacher while a member of the Board or a committee is attending a meeting during school hours, then that member is not entitled to any remuneration under the Act in respect of attendance at that meeting.

24.Retention of criminal history checks

A criminal history check obtained by the Board from the Australian Crime Commission in respect of a person under the Act, and any document or record embodying the criminal history check, must be retained by the Board for a period of 7 years from the day on which the Board last communicated with, or received communication from, the person.

[Regulation 24 inserted: SL 2023/194 r. 25.]

25.Employer to supply information about teachers

(1)At the written request of the Board, an employer of registered teachers is to provide to the Board in writing —

(a)a list, in accordance with subregulation (2), of each person who is currently employed by the employer to teach at each educational institution specified by the Board in the request; or

(b)either, or both, as is specified in the request, of the following types of information about a person who is currently employed by the employer at an educational institution —

(i)the terms and conditions on which the person is employed by the employer;

(ii)a full description of the duties of the person’s position at the educational institution.

(2)A list provided by an employer at the request of the Board under subregulation (1)(a) is to set out in respect of each person —

(a)the person’s name and date of birth; and

(b)either —

(i)the category of registration that the person holds and the person’s registration number; or

(ii)the reason why the employer believes that the person is not required to be registered under the Act (including a reference to the relevant provision of the Act).

(3)An employer is to comply with a request by the Board under subregulation (1) within 14 days of receiving the request.

Penalty: a fine of $1 000.

[Regulation 25 amended: SL 2023/194 r. 26]

26.Information to be given with notice when teacher ceases teaching in cases of serious incompetence or misconduct (s. 42(2))

(1)A notice under section 42(2) of the Act must set out the following information —

(a)the full name, category of registration and registration number of the teacher to whom the notice relates;

(b)the date or dates on which the teacher is suspected to have engaged in the serious misconduct, or taught with the serious incompetence, (the suspected misconduct or incompetence) to which the notice relates;

(c)the location at which the suspected misconduct or incompetence is suspected to have occurred;

(d)the educational institution at which the teacher was appointed, employed or engaged at the time of the suspected misconduct or incompetence;

(e)the date on which the employer first considered that it had reasonable grounds to suspect that the teacher may have engaged in the suspected misconduct or incompetence;

(f)the date on which any investigation by or on behalf of the employer into the suspected misconduct or incompetence was commenced;

(g)the date on which the teacher was dismissed or suspended from teaching by the employer, or resigned or ceased teaching;

(h)any relevant public authority that has been notified regarding the suspected misconduct or incompetence;

(i)whether, to the employer’s knowledge, the teacher is currently teaching at an educational institution;

(j)the full name and contact details of —

(i)the employer; or

(ii)a person who can be contacted on behalf of the employer in relation to the notice.

(2)In subregulation (1)(h), relevant public authority includes the following —

(a)the Commissioner of Police;

(b)the Corruption and Crime Commission established under the Corruption, Crime and Misconduct Act 2003;

(c)the Parliamentary Commissioner for Administrative Investigations appointed under the Parliamentary Commissioner Act 1971;

(d)the Public Sector Commissioner;

(e)the department of the Public Service principally assisting in the administration of the Children and Community Services Act 2004;

(f)the Department.

[Regulation 26 inserted: SL 2023/194 r. 27.]

27A.Notice must be given of change of name or postal or email address

(1)A registered teacher must give written notice to the Board of any change to the teacher’s registration details no later than 30 days after the change occurs.

Penalty: a fine of $1 000.

(2)In this regulation, a change to a teacher’s registration details occurs if there is a change to any of the following —

(a)the teacher’s name as recorded in the register;

(b)the teacher’s postal address as last provided to the Board;

(c)the teacher’s email address as last provided to the Board;

(d)the teacher’s telephone number as last provided to the Board.

[Regulation 27A inserted: Gazette 13 Aug 2013 p. 3734‑5; amended: SL 2022/125 r. 5; SL 2023/194 r. 28.]

27.Board may require information to be verified by statutory declaration

An applicant, or other person supplying information to the Board under the Act or these regulations, is to verify the information by statutory declaration if required by the Board to do so.

27AA.Notices from Commissioner of Police (s. 41(2) and 41A(3))

(1)For the purposes of section 41(2) of the Act, the prescribed form is Form 1 in Schedule 2.

(2)For the purposes of section 41A(3) of the Act, the prescribed form is Form 2 in Schedule 2.

[Regulation 27AA inserted: SL 2023/194 r. 29.]

27AB.Notice from the Director of Public Prosecutions

For the purposes of section 41B(2) of the Act, the prescribed form is Form 3 in Schedule 2.

[Regulation 27AB inserted: SL 2023/194 r. 29.]

28.Fees

(1)The fees set out in Schedule 1 are prescribed in respect of the matters specified in that Schedule.

(2)A fee set out in Schedule 1 items 1 to 5B is payable by the applicant.

(3)If a person who applies for registration has paid a fee set out in Schedule 1 item 11 for advice about whether or not the person has particular requirements for registration, then the fee payable for the application is reduced by the amount of the fee paid for the advice provided that the application for registration is made within 2 years of the person receiving the advice.

(4)The annual fee set out in Schedule 1 item 6 —

(a)is payable by 31 March in each year; and

(b)may be paid in advance for some or all of the period of registration.

(5)Despite subregulation (4)(a), an annual fee for a particular year may be paid between 1 April and 30 April in that year if it is accompanied by the late payment processing fee set out in Schedule 1 item 9.

(6)If a person who had paid an annual fee in advance ceases to be registered for the whole of a year in respect of which the annual fee has been paid in advance, the Board is to refund to the person the annual fee for that year.

(7)For the avoidance of doubt, a fee prescribed in respect of registration, including an application for registration, applies also in respect of registration under section 137 of the Act.

[Regulation 28 amended: SL 2023/194 r. 30.]

[Part 6 (r. 29‑34)deleted: SL 2023/194 r. 31.]

 

Schedule 1 — Fees

[r. 28]

[Heading inserted: SL 2023/194 r. 32.]

 

Type of fee

Provision
of Act or regulations

Fee

1.

Fee payable by a person who applies for provisional registration —

s. 10(2)(e)

 

 

(a)if the applicant has a teaching qualification from an accredited initial teacher education program

 

$140

 

(b)if the applicant has a teaching qualification conferred in Australia or New Zealand that the applicant wishes the Board to recognise as equivalent to a teaching qualification from an accredited initial teacher education program

 

$140

 

(c)if the applicant has a teaching qualification conferred in a country other than Australia or New Zealand that the applicant wishes the Board to recognise as equivalent to a teaching qualification from an accredited initial teacher education program

 

$473

 

(d)if the applicant has a teaching qualification conferred in a country other than Australia or New Zealand and is a registered teacher, formerly registered teacher or WACOT teacher (as that term is defined in section 149A of the Act)

 

$140

 

(e)if the application is in accordance with the mutual recognition principle or the Trans‑Tasman mutual recognition principle

 

$140

 

(f)if the applicant holds full or provisional or non‑practising registration

 

$56

2.

Fee payable by a person who applies for full registration —

s. 10(2)(e)

 

 

(a)if the applicant has a teaching qualification from an accredited initial teacher education program

 

$178

 

(b)if the applicant has a teaching qualification conferred in Australia or New Zealand that the applicant wishes the Board to recognise as equivalent to a teaching qualification from an accredited initial teacher education program

 

$178

 

(c)if the applicant has a teaching qualification conferred in a country other than Australia or New Zealand that the applicant wishes the Board to recognise as equivalent to a teaching qualification from an accredited initial teacher education program

 

$508

 

(d)if the applicant has a teaching qualification conferred in a country other than Australia or New Zealand and is a registered teacher, formerly registered teacher or WACOT teacher (as that term is defined in section 149A of the Act)

 

$178

 

(e)if the application is in accordance with the mutual recognition principle or the Trans‑Tasman mutual recognition principle

 

$140

 

(f)if the applicant holds provisional or non‑practising registration

 

$56

3.

Fee payable by a person who applies for limited registration —

s. 10(2)(e)

 

 

(a)if the application (current application) involves a nominee who was granted limited registration, or for whom an application for limited registration was made, during the period of 12 months immediately before the day on which the current application is made

 

no fee

 

(b)if the application involves a nominee participating in a teacher exchange program approved by the Board for the purpose of this item

 

no fee

 

(c)otherwise

 

$235

5.

Fee payable by a person who applies for the renewal of registration

s. 11(2)(d)

$56

5A.

Fee payable by a person who applies to change a registered teacher’s category of registration —

s. 12A(2)(e)

 

 

(a)if the application is to change from full registration to non‑practising registration

 

no fee

 

(b)if the application is to change from provisional registration to full registration

 

$56

 

(c)if the application is to change from provisional registration to non‑practising registration

 

no fee

 

(d)if the application is to change from non-practising registration to full registration

 

$56

 

(e)if the application is to change from non-practising registration to provisional registration

 

$56

5B.

Fee payable by a person who applies under section 26(2) of the Act to modify or cancel a condition on a teacher’s registration —

s. 128(2)(i)

 

 

(a)if the application is to modify a condition on limited registration

 

$56

 

(b)otherwise

 

no fee

6.

Annual fee —

s. 35

 

 

(a)for the first year after registration is granted if it is granted in January, February, March, October, November or December

 

$47

 

(b)otherwise

 

$95

7.

Fee payable by a person for a criminal history check, obtained by the Board with consent of the person under section 44 of the Act

s. 128(2)(i)

$59

8.

Fee payable by a person who applies for a certified copy of the register or an entry in the register for the copy

s. 37(5)

$59 per entry up to a maximum fee of $170

9.

Late payment processing fee

r. 28(5)

$59

10.

Fee payable for a replacement registration card

r. 20(4)

$59

11.

Fee payable by a person seeking advice about additional qualifications required for registration

r. 19(2)(a)(i) or (ii)

$330

12.

Fee payable by a person seeking advice about being a fit and proper person to be registered

r. 19(2)(b)

$59

[Schedule 1 inserted: SL 2023/194 r. 32.]

 

Schedule 2  Forms

[r. 27AA and 27AB]

[Heading inserted: SL 2023/194 r. 32.]

Form 1 — Notice from Commissioner of Police under s. 41

Notice from Commissioner of
Police about prosecution of registered teacher

Section 41

Teacher Registration Act 2012

Teacher Registration Board

of Western Australia

 

To

Teacher Registration Board of Western Australia

 

By post

Teacher Registration Board of WA

Investigations & Compliance Branch

P.O. Box 3019

EAST PERTH WA 6892

By email

icb@trb.education.wa.edu.au

From

Commissioner of Police

Details of accused/offender

Full name

 

D.O.B.

 

Residential address

 

Employer

 

Details of notification

Circumstance that has occurred

A registered teacher was charged with an actionable offence.

A registered teacher was convicted or found guilty of an indictable offence dealt with summarily.

Charges were discontinued or there was a mistrial or acquittal in relation to an actionable offence.

 

actionable offence is defined in the Teacher Registration Act 2012 section 3 to mean —

(a)an offence that, on conviction, would result in the person charged being a child sex offender; or

(b)a sexual offence committed against or in respect of a child; or

(c)a sexual offence committed when a child was present, or within sight of a child; or

(d)an offence the commission of which used or involved material the production of which involved a sexual offence against or in respect of a child; or

(e)an offence prescribed for the purposes of this definition.

Details of charges / convictions

Date of alleged conduct

Include range of dates (if applicable)

 

Incident report no.

 

Charges / convictions

Include Act and section

 

Court

 

Convicted / found guilty

Date

Sentence

 

 

 

Provide the sentence for each charge and the aggregate sentence (if applicable)

Particulars of offence/s

Insert here or attach the Statement of Material Facts (if available)

The matter has been reported to the Working with Children Screening Unit Yes No

Full name of notifier

 

Position/rank

 

Station/squad/location

 

Contact number

 

Email

 

Date

 

Form 2 — Notice from Commissioner of Police under s. 41A

Notice from Commissioner of Police of identifying information

Section 41A

Teacher Registration Act 2012

Teacher Registration Board

of Western Australia

 

To

Teacher Registration Board of Western Australia

 

By post

Teacher Registration Board of WA

Investigations & Compliance Branch

P.O. Box 3019

EAST PERTH WA 6892

By email

icb@trb.education.wa.edu.au

From

Commissioner of Police

Details of registered teacher the subject of prosecution

Full name:

 

Date of birth:

 

 

Identifying information

Name

Date of birth

Address

Phone no.

Email

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Full name of notifier

 

Position/rank

 

Station/squad/location

 

Contact number

 

Email

 

Date

 

Form 3 — Notice from Director of Public Prosecutions under s. 41B

Notice from Director of Public Prosecutions

Section 41B

Teacher Registration Act 2012

Teacher Registration Board

of Western Australia

Information below is subject to the Evidence Act 1996 section 36C and is not for publication.

 

To

Teacher Registration Board of Western Australia

 

By post

Teacher Registration Board of WA

Investigations & Compliance Branch

PO Box 3019

EAST PERTH WA 6892

By email

icb@trb.education.wa.edu.au

From

Director of Public Prosecutions

ODPP reference

 

Details of accused/offender

Full name

 

D.O.B.

 

Residential address

 

Details of notification

Circumstance that has occurred

A registered teacher was convicted or found guilty of an actionable offence.

All charges of actionable offences against a registered teacher were discontinued.

A registered teacher was acquitted, or there was a mistrial, in relation to an actionable offence.

 

actionable offence is defined in the Teacher Registration Act 2012 section 3 to mean —

(a)an offence that, on conviction, would result in the person charged being a child sex offender; or

(b)a sexual offence committed against or in respect of a child; or

(c)a sexual offence committed when a child was present, or within sight of a child; or

(d)an offence the commission of which used or involved material the production of which involved a sexual offence against or in respect of a child; or

(e)an offence prescribed for the purposes of [the] definition.

Details of charges/convictions

Date of alleged conduct

Include range of dates (if applicable)

Police brief no.

 

Charges / convictions

Include Act and section

 

Court

 

Date of finding

 

Details of sentence

Provide the sentence for each charge and the aggregate sentence (if applicable). Continue over page if required.

Further information if required

 

 

Full name of notifier

 

Position

 

Office/Location

 

Contact number

 

Email

 

Date

 

[Schedule 2 inserted: SL 2023/194 r. 32.]

dline

 

Notes

This is a compilation of the Teacher Registration (General) Regulations 2012 and includes amendments made by other written laws. For provisions that have come into operation, and for information about any reprints, see the compilation table.

Compilation table

Citation

Published

Commencement

Teacher Registration (General) Regulations 2012

16 Nov 2012 p. 5571-609

r. 1 and 2: 16 Nov 2012 (see r. 2(a));
Regulations other than r. 1 and 2: 7 Dec 2012 (see r. 2(b) and Gazette 16 Nov 2012 p. 5637)

Teacher Registration (General) Amendment Regulations 2013

7 May 2013 p. 1903-4

7 May 2013 (see note under r. 1)

Teacher Registration (General) Amendment Regulations (No. 2) 2013

13 Aug 2013 p. 3733-6

r. 1 and 2: 13 Aug 2013 (see r. 2(a));
Regulations other than r. 1 and 2: 14 Aug 2013 (see r. 2(b))

Teacher Registration (General) Amendment Regulations 2014

28 Jan 2014 p. 177-9

r. 1 and 2: 28 Jan 2014 (see r. 2(a));
Regulations other than r. 1 and 2: 10 Feb 2014 (see r. 2(b))

Teacher Registration (General) Amendment Regulations (No. 3) 2014

1 Jul 2014 p. 2339‑40

r. 1 and 2: 1 Jul 2014 (see r. 2(a));
Regulations other than r. 1 and 2: 21 Jul 2014 (see r. 2(b))

Teacher Registration (General) Amendment Regulations 2015

13 Mar 2015 p. 849

r. 1 and 2: 13 Mar 2015 (see r. 2(a));
Regulations other than r. 1 and 2: 14 Mar 2015 (see r. 2(b))

Teacher Registration (General) Amendment Regulations (No. 2) 2015

12 Jun 2015 p. 2024‑5

r. 1 and 2: 12 Jun 2015 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2015 (see r. 2(b))

Reprint 1: The Teacher Registration (General) Regulations 2012 as at 7 Aug 2015 (includes amendments listed above)

Teacher Registration Regulations (Fees) Amendment Regulations 2016 Pt. 2

14 Jun 2016 p. 1823‑5

1 Jul 2016 (see r. 2(b))

Education and Training Regulations Amendment (Fees) Regulations 2017 Pt. 4

27 Jun 2017 p. 3416‑19

1 Jul 2017 (see r. 2(b))

Education and Training Regulations Amendment (Fees and Charges) Regulations 2018 Pt. 2

31 Jul 2018 p. 2711-15

1 Aug 2018 (see r. 2(b)(ii))

Education and Training Regulations Amendment (Fees and Charges) Regulations 2022 Pt. 5

SL 2022/61 3 Jun 2022

1 Jul 2022 (see r. 2(b))

Teacher Registration (General) Amendment Regulations 2022

SL 2022/125 30 Jun 2022

r. 1 and 2: 30 Jun 2022 (see r. 2(a));
Regulations other than r. 1 and 2: 1 Jul 2022 (see r. 2(b))

Education Regulations Amendment (Fees and Charges) Regulations 2023 Pt. 6

SL 2023/67 16 Jun 2023

1 Jul 2023 (see r. 2(b))

Teacher Registration Regulations Amendment Regulations 2023 Pt. 3

SL 2023/194 13 Dec 2023

19 Dec 2023 (see r. 2(b))

Other notes

1The Mutual Recognition (Western Australia) Act 2020 (Act No. 44 of 2020) commenced on 1 Mar 2021 and adopts the Mutual Recognition Act 1992 (Commonwealth) (see s. 4 of that Act).

 

 

Defined terms

 

[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)

Aboriginal person11(7)

account23(1)

Australian Crime Commission3

automatic deemed registration21A(1)

Class 1 offence4(1)

Class 2 offence4(1)

higher education award12(1)

meeting23(1)

mutual recognition principle3

overseas higher education award12(1)

professional learning activities3

registration card3

relevant information19(1)

relevant public authority 26(2)

relief teacher23(1)

school3

suspected misconduct or incompetence26(1)

Torres Strait Islander11(7)

Trans-Tasman mutual recognition principle3

 

 

© State of Western Australia 2023.

This work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.

Attribute work as: © State of Western Australia 2023.

By Authority: GEOFF O. LAWN, Government Printer