Teacher Registration Act 2012
Teacher Registration (Accreditation of Initial Teacher Education Programs) Regulations 2012
Western Australia
Teacher Registration (Accreditation of Initial Teacher Education Programs) Regulations 2012
Contents
Part 1 — Preliminary
1.Citation1
2.Commencement1
3.Terms used1
4.Accredited initial teacher education programs3
Part 2 — Accreditation of programs by the Board
Division 1 — Applications for accreditation
5.Application for accreditation of program4
6.Application for re-accreditation of program4
7.Information in support of application5
8.Board may refuse to consider some applications5
Division 3 — Accreditation of programs
10.Accreditation6
11.Re‑accreditation6
13.Duration of accreditation6
14.Notice of significant change to accredited program to be given to Board6
Division 4 — Conditions on accreditation and cancellation of accreditation
15.Accreditation may be subject to conditions7
16.Cancellation of accreditation by Board8
17.Cancellation of accreditation at education provider’s request8
18.Cancellation of accreditation if program is no longer an accredited or authorised higher education course9
19.Board to take into account submissions and interests of students before making decisions9
Part 3 — Notice of decisions, opportunity to show cause why some decisions should not be made and review of some decisions
Division 1 — Notice of decisions
20.Notice of decisions on accreditation10
21.Notice of decisions to impose, modify or cancel conditions made during the currency of the accreditation10
22.Notice of cancellation of accreditation11
Division 2 — Opportunity to show cause why some decisions should not be made
23.Board to give reasonable opportunity to show cause why some decisions should not be made12
Division 3 — Review of accreditation decisions
24.Review by Minister12
Part 4 — Register of accredited programs
25.Register of accredited programs to be kept15
26.Inspection of register15
Part 5 — Transitional regulations
27.Terms used16
28.Programs taken to be accredited16
Notes
Compilation table18
Defined terms
Western Australia
Teacher Registration Act 2012
Teacher Registration (Accreditation of Initial Teacher Education Programs) Regulations 2012
[Regulation 1 amended: SL 2023/194 r. 7.]
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.
In these regulations, unless the contrary intention appears —
accredited initial teacher education program
AITSL means the Australian Institute for Teaching and School Leadership Limited (ABN 17 117 362 740);
application means an application under Part 2 Division 1;
ATRA means the Australasian Teacher Regulatory Authorities, an association incorporated in Victoria;
education provider means any of the following —
(a)Curtin University of Technology established under the Curtin University of Technology Act 1966;
(b)Edith Cowan University established under the Edith Cowan University Act 1984;
(c)Murdoch University established under the Murdoch University Act 1973;
(d)The University of Notre Dame established under the University of Notre Dame Australia Act 1989;
(e)The University of Western Australia established under the University of Western Australia Act 1911;
(f)an authorised non‑university institution, an Australian university or a recognised overseas university, as those terms are defined in the Higher Education Act 2004 section 3;
(g)a registered higher education provider, as defined in the Tertiary Education Quality and Standards Agency Act 2011 (Commonwealth) section 5, that is established in Western Australia;
program means an initial teacher education program —
(a)designed to qualify a graduate of the program to teach in a school; and
(b)that is authorised or permitted to be provided (however described) by an education provider under and in accordance with —
(i)the Higher Education Act 2004; or
(ii)the Tertiary Education Quality and Standards Agency Act 2011 (Commonwealth).
[Regulation 3 amended: SL 2023/194 r. 4 and 7.]
4.Accredited initial teacher education programs
A program is accredited for the purposes of the Act if —
(a)it is accredited by the Board under Part 2; or
(b)it is accredited (however described) for the purposes of a national accreditation scheme for initial teacher education programs by another body that is a member of ATRA or is recognised by AITSL as authorised to accredit programs.
[Regulation 4 amended: SL 2023/194 r. 7.]
Part 2 — Accreditation of programs by the Board
[Heading amended: SL 2023/194 r. 7.]
Division 1 — Applications for accreditation
5.Application for accreditation of program
(1)An application may be made to the Board for the accreditation of a program
(2)An application may be made only by an education provider.
(3)An application for the accreditation of a program is to —
(a)be in writing in such form, if any, as is approved by the Board; and
(b)be accompanied by the fee of $2 256.
(4)The fee referred to in subregulation (3)(b) is not refundable.
[Regulation 5 amended: Gazette 12 Jun 2015 p. 2026; 14 Jun 2016 p. 1825; 27 Jun 2017 p. 3417; 31 Jul 2018 p. 2715; SL 2022/61 r. 8; SL 2023/67 r. 12; SL 2023/194 r. 7.]
6.Application for re-accreditation of program
(1)An application may be made to the Board for the re‑accreditation of a program.
(2)An application may be made only by the education provider that holds the accreditation.
(3)An application must be made at least 6 months before the expiry of the accreditation.
(4)An application for the re‑accreditation of a program is to —
(a)be in writing in such form, if any, as is approved by the Board; and
(b)be accompanied by the fee of $2 256.
(5)The fee referred to in subregulation (4)(b) is not refundable.
[Regulation 6 amended: Gazette 12 Jun 2015 p. 2026; 14 Jun 2016 p. 1825; 27 Jun 2017 p. 3417; 31 Jul 2018 p. 2715; SL 2022/61 r. 9; SL 2023/67 r. 13; SL 2023/194 r. 7.]
7.Information in support of application
(1)The Board may, in writing, request an applicant to do any or all of the following —
(a)provide the Board with such further information relevant to the application as the Board requires;
(b)verify any further information by statutory declaration;
(c)provide the Board with the applicant’s written consent to seek, from another person or body specified by the Board, information about the program that is relevant to the application.
(2)The Board or a committee may, in writing, request an applicant to attend before the Board or the committee for the purpose of satisfying the Board or the committee as to any matter relevant to the application.
(3)The Board may refuse an application if the applicant does not comply with a request made under this regulation.
[Regulation 7 amended: SL 2023/194 r. 7.]
8.Board may refuse to consider some applications
The Board may refuse to consider, or consider further, an application if it is not made in accordance with these regulations.
[Division 2 deleted: SL 2023/194 r. 5.]
Division 3 — Accreditation of programs
[Heading amended: SL 2023/194 r. 7.]
The Board may accredit a program if satisfied that the program meets the accreditation standards and is a program that is suitable for accreditation.
[Regulation 10 amended: SL 2023/194 r. 7.]
The Board may re‑accredit a program if satisfied that —
(a)the program meets the accreditation standards and is a program that is suitable for accreditation; and
(b)any conditions to which the accreditation is subject are being complied with.
[Regulation 11 amended: SL 2023/194 r. 7.]
[12.Deleted: SL 2023/194 r. 6.]
(1)The period of accreditation, or re‑accreditation, is 5 years, or such shorter period as is approved by the Board, from the day that the accreditation or re‑accreditation was granted.
(2)However, if an application for re‑accreditation is made in accordance with regulation 6, the accreditation is taken to continue until the application is decided.
14.Notice of significant change to accredited program to be given to Board
(1)An education provider must give written notice to the Board if the education provider intends to make a significant change to an accredited program.
(2)The notice is to —
(a)be given at least 3 months before the change is to be implemented; and
(b)set out the details of the proposed change to the program.
[Regulation 14 amended: SL 2023/194 r. 7.]
Division 4 — Conditions on accreditation and cancellation of accreditation
15.Accreditation may be subject to conditions
(1)Accreditation of a program under this Part is subject to any condition imposed by the Board.
(2)The Board may impose a condition, or conditions, on the accreditation of a program under this Part —
(a)when accrediting or re‑accrediting the program; or
(b)during the currency of the accreditation.
(3)The Board may at any time, on the application of an education provider or on its own initiative, on reasonable grounds, modify or cancel a condition on the accreditation of a program under this Part.
(4)Conditions imposed or modified by the Board under this regulation must be reasonable and relevant to ensuring that the program meets or continues to meet the accreditation standards.
(5)A condition imposed by the Board may apply indefinitely or for a specified period of time as the Board thinks fit.
(6)A decision to impose, modify or cancel a condition on the accreditation of a program under this Part made during the currency of the accreditation takes effect —
(a)on the day on which notice of the decision is given to the education provider under regulation 21; or
(b)on a later day specified in the notice.
[Regulation 15 amended: SL 2023/194 r. 7.]
16.Cancellation of accreditation by Board
(1)The Board is to cancel the accreditation of a program under this Part as soon as possible after the Board forms the view that —
(a)the program does not meet or no longer meets the accreditation standards; or
(b)a condition to which the accreditation is subject is not being complied with.
(2)Cancellation of the accreditation of a program under this regulation takes effect —
(a)on the day on which notice of the cancellation is given to the education provider under regulation 22; or
(b)on a later day specified in the notice.
[Regulation 16 amended: SL 2023/194 r. 7.]
17.Cancellation of accreditation at education provider’s request
(1)The Board is to cancel the accreditation of a program under this Part at the written request of the education provider that holds the accreditation.
(2)Cancellation of the accreditation of a program under this regulation takes effect —
(a)on the day on which notice of the cancellation is given to the education provider under regulation 22; or
(b)on a later day specified in the notice.
[Regulation 17 amended: SL 2023/194 r. 7.]
18.Cancellation of accreditation if program is no longer an accredited or authorised higher education course
(1)The Board is to cancel the accreditation of a program under this Part immediately after it comes to the attention of the Board that the program is no longer authorised or permitted to be provided (however described) by an education provider under and in accordance with —
(a)the Higher Education Act 2004; or
(b)the Tertiary Education Quality and Standards Agency Act 2011 (Commonwealth).
(2)Cancellation of the accreditation of a program under this regulation takes effect —
(a)on the day on which notice of the cancellation is given to the education provider under regulation 22; or
(b)on a later day specified in the notice.
[Regulation 18 amended: SL 2023/194 r. 7.]
19.Board to take into account submissions and interests of students before making decisions
Before making a decision referred to in this Division, the Board is to take into account —
(a)any submissions made under regulation 23 as to why the decision should not be made; and
(b)where relevant, the interests of the students undertaking the program.
[Regulation 19 amended: SL 2023/194 r. 7.]
Part 3 — Notice of decisions, opportunity to show cause why some decisions should not be made and review of some decisions
Division 1 — Notice of decisions
20.Notice of decisions on accreditation
(1)The Board is to give written notice of the outcome of an application to the applicant no later than 14 days after deciding on the outcome of the application.
(2)If an application is granted the notice is to contain the following —
(a)that accreditation or re‑accreditation is granted;
(b)the duration of the accreditation or re‑accreditation and the date on which it expires;
(c)any conditions imposed;
(d)if a condition has been imposed —
(i)the reasons for the imposition of the condition; and
(ii)a statement that the applicant has a right to a review under regulation 24.
(3)If an application is refused the notice is to contain —
(a)the reasons why accreditation or re‑accreditation has been refused; and
(b)a statement that the applicant has a right to a review under regulation 24.
21.Notice of decisions to impose, modify or cancel conditions made during the currency of the accreditation
(1)The Board is to give written notice to the education provider that holds the accreditation of a decision under regulation 15 to impose, modify or cancel a condition on the accreditation during the currency of the accreditation no later than 14 days after making the decision.
(2)The notice is to contain —
(a)the reasons for the decision; and
(b)if the decision is to impose or modify a condition on the accreditation during the currency of the accreditation, a statement that the education provider has a right to a review under regulation 24.
22.Notice of cancellation of accreditation
(1)The Board is to give written notice of the cancellation of accreditation to the education provider that holds the accreditation no later than 14 days after —
(a)making the decision to cancel the accreditation under regulation 16 or 18; or
(b)receiving the request of the education provider under regulation 17.
(2)The notice is to contain —
(a)a reference to the provision of these regulations under which the accreditation was cancelled; and
(b)if the accreditation is cancelled —
(i)under regulation 16 or 18, the reasons for the cancellation; and
(ii)under regulation 16, a statement that the education provider has a right to a review under regulation 24.
Division 2 — Opportunity to show cause why some decisions should not be made
23.Board to give reasonable opportunity to show cause why some decisions should not be made
(1)Before making any of the following decisions, the Board is to give the applicant a reasonable opportunity to show cause why the decision should not be made —
(a)the refusal of an application;
(b)the granting of an application subject to a condition.
(2)Before making any of the following decisions, the Board is to give the education provider that holds the accreditation a reasonable opportunity to show cause why the decision should not be made —
(a)a decision under regulation 15 to impose or modify a condition on accreditation during the currency of the accreditation;
(b)the cancellation of the accreditation under regulation 16.
Division 3 — Review of accreditation decisions
(1)In this regulation —
accreditation decision means a decision referred to in regulation 23(1) or (2);
applicant means —
(a)the applicant, in relation to a decision referred to in regulation 23(1); or
(b)the education provider, in relation to a decision referred to in regulation 23(2).
(2)An applicant may request that the Minister review an accreditation decision.
(3)A request for the review of an accreditation decision must —
(a)be made within 30 days after the receipt by the applicant of notice of the decision under Part 3 Division 1; and
(b)set out the grounds on which the applicant is seeking a review of the decision.
(4)On receipt of a request for the review of an accreditation decision, the Minister is to ensure that a review of the decision is undertaken as soon as is practicable by the Minister or by a suitably qualified person or persons appointed by the Minister to undertake the review and report to the Minister.
(5)The Minister, or person or persons undertaking the review of the accreditation decision, must give the applicant a reasonable opportunity to show cause why the accreditation decision should be varied or reversed.
(6)Before making a decision to confirm, vary or reverse the accreditation decision under review, the Minister is to take into account —
(a)any report of a person or persons who have undertaken the review under subregulation (4) but is not bound to follow any recommendations in that report; and
(b)any submission made by the applicant under subregulation (5) as to the variation or reversing of the accreditation decision; and
(c)where relevant, the interests of the students undertaking the program.
(7)The Minister is to give written notice of the subsequent decision and written reasons for that decision to —
(a)the applicant; and
(b)the Board.
(8)A decision made by the Minister under this regulation is final and not subject to appeal or further review.
[Regulation 24 amended: SL 2023/194 r. 7.]
Part 4 — Register of accredited programs
[Heading amended: SL 2023/194 r. 7.]
25.Register of accredited programs to be kept
(1)The Board is required to keep an accurate and up‑to‑date register that records the following information in respect of each program accredited by the Board —
(a)the name of the accredited program;
(b)the education provider that made the application to have the program accredited;
(c)the title of the teaching qualification conferred on the successful completion of the program;
(d)the date of commencement of the accreditation;
(e)the date on which the accreditation will expire;
(f)any conditions to which the accreditation is subject;
(g)any other matters the Board thinks relevant.
(2)The register may be kept in any way the Board thinks appropriate, including by electronic means, and may form part of a national register of accredited initial teacher education programs
[Regulation 25 amended: SL 2023/194 r. 7.]
(1)Information on the register is to be made available for inspection in any way the Board thinks appropriate, which may include on a website maintained by the Board.
(2)Information on the register is to be made available for inspection, in accordance with subregulation (1), by members of the public during normal office hours.
(3)A person may, on application to the Board and payment of $50, obtain a certified copy of all or some of that information.
Part 5 — Transitional regulations
In this Part —
commencement day means the day on which section 3 of the Act comes into operation;
WACOT Act means the Western Australian College of Teaching Act 2004.
28.Programs taken to be accredited
(1)An initial teacher education program that, immediately before commencement day, is accredited (however described) by a body that is a member of ATRA is to be taken on that day to be an accredited initial teacher education program for the purposes of the Act.
(2)A teacher education program that confers, on the successful completion of the program, a qualification approved, immediately before commencement day, under the WACOT Act section 33 or 35 is to be taken on that day to be an accredited initial teacher education program for the purposes of the Act.
(3)A program taken to be an accredited initial teacher education program under this regulation remains accredited, subject to the Act and these regulations, until —
(a)the program ceases to be accredited (however described) by the body that accredited it; or
(b)the program’s accreditation is cancelled under Part 2 Division 4; or
(c)the day that is 5 years after commencement day,
whichever occurs first.
[Regulation 28 amended: SL 2023/194 r. 7.]
This is a compilation of the Teacher Registration (Accreditation of Initial Teacher Education Programs) Regulations 2012 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.
|
Citation |
Published |
Commencement |
|
|
Teacher Registration (Accreditation of Initial Teacher Education Programmes) Regulations 2012 1 |
16 Nov 2012 p. 5611-33 |
r. 1 and 2: 16 Nov 2012 (see r. 2(a)); |
|
|
Teacher Registration (Accreditation of Initial Teacher Education Programmes) Amendment Regulations 2015 |
12 Jun 2015 p. 2026 |
r. 1 and 2: 12 Jun 2015 (see r. 2(a)); |
|
|
Teacher Registration Regulations (Fees) Amendment Regulations 2016 Pt. 3 |
14 Jun 2016 p. 1823‑5 |
1 Jul 2016 (see r. 2(b)) |
|
|
Education and Training Regulations Amendment (Fees) Regulations 2017 Pt. 3 |
27 Jun 2017 p. 3416‑19 |
1 Jul 2017 (see r. 2(b)) |
|
|
Education and Training Regulations Amendment (Fees and Charges) Regulations 2018 Pt. 3 |
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. 4 |
SL 2022/61 3 Jun 2022 |
1 Jul 2022 (see r. 2(b)) |
|
|
Education Regulations Amendment (Fees and Charges) Regulations 2023 Pt. 5 |
SL 2023/67 16 Jun 2023 |
1 Jul 2023 (see r. 2(b)) |
|
|
Teacher Registration Regulations Amendment Regulations 2023 Pt. 2 |
SL 2023/194 13 Dec 2023 |
19 Dec 2023 (see r. 2(b)) |
|
Other notes
1Now known as the Teacher Registration (Accreditation of Initial Teacher Education Programs) Regulations 2012; citation changed (see note under r. 1).
[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)
accreditation decision24(1)
accredited initial teacher education program3
AITSL 3
applicant24(1)
application3
ATRA3
commencement day27
education provider3
program3
WACOT Act27
© 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