Australian Capital Territory
ACT Teacher Quality Institute Regulation 2010    
SL2010-53
made under the
ACT Teacher Quality Institute Act 2010
Republication No 2
Effective:  6 August 2011 – 3 October 2011
Republication date: 6 August 2011
Last amendment made by SL2011-24

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the ACT Teacher Quality Institute Regulation 2010, made under the ACT Teacher Quality Institute Act 2010 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 6 August 2011.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 6 August 2011.  
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. 
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Australian Capital Territory
ACT Teacher Quality Institute Regulation 2010
made under the
ACT Teacher Quality Institute Act 2010
    
Contents
	Page
Part 1	Preliminary
	1	Name of regulation	2
	3	Dictionary	2
	4	Notes	2
	5	Offences against regulation—application of Criminal Code etc	2
Part 2	Registration and permits to teach
	6	Application for registration or permit to teach—details—Act, s 30 (2) (a)	4
	7	Eligibility for full registration—teaching qualifications—Act, s 32 (1) (a) (i)	5
	8	Eligibility for full registration—experience, skills, etc—Act, s 32 (1) (a) (ii)	6
	9	Eligibility for full registration—period of teaching—Act, s 32 (1) (b)	7
	10	Eligibility for full registration—English language skills—Act, s 32 (1) (c)	7
	11	Eligibility for provisional registration—experience, skills, etc—Act, s 33 (1) (a) (ii)	7
	12	Eligibility for provisional registration—English language skills—Act, s 33 (1) (b)	8
	13	Additional eligibility requirements for permit to teach—English language skills—Act, s 35 (1) (a)	8
	14	Eligibility for permit to teach—other requirements—Act, s 35 (1) (f)	8
	15	Term of provisional registration—Act, s 48 (1) (a)	8
	16	Term of provisional registration—Act, s 48 (2)	8
	17	Term of permit to teach—Act, s 49 (1) (a)	9
	18	Term of permit to teach—Act, s 49 (2)	9
Part 3	Accreditation—education programs
	19	Education programs register—Act, s 71 (4)	10
	20	Grounds for suspending or cancelling accreditation—Act, s 81 (b)	10
Part 4	Transitional
	21	Teachers currently teaching—Act, s 151 (2) (a)	11
	22	Education providers currently providing education programs—Act, s 152 (2) (a)	11
	23	Modification of Act, pt 15—Act, s 153 (2)	11
Dictionary		12
Endnotes
	1	About the endnotes	13
	2	Abbreviation key	13
	3	Legislation history	14

	4	Amendment history	14
	5	Earlier republications	14

Australian Capital Territory
ACT Teacher Quality Institute Regulation 2010     

made under the
ACT Teacher Quality Institute Act 2010

    

  

Part 1	Preliminary
1	Name of regulation
This regulation is the ACT Teacher Quality Institute Regulation 2010.
3	Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1	The dictionary at the end of this regulation defines certain terms used in this regulation.
Note 2	A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
4	Notes
A note included in this regulation is explanatory and is not part of this regulation.
Note	See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5	Offences against regulation—application of Criminal Code etc
Other legislation applies in relation to offences against this regulation.
Note 1	Criminal Code
The Criminal Code, ch 2 applies to all offences against this regulation (see Code, pt 2.1).  
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2	Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2	Registration and permits to teach
6	Application for registration or permit to teach—details—Act, s 30 (2) (a)
	(1)	The following details are prescribed:
	(a)	the applicant’s name and any former names;
	(b)	the applicant’s home address and email address;
	(c)	the applicant’s date of birth;
	(d)	the applicant’s gender;
	(e)	if, at the date of application, the applicant holds full registration, provisional registration or a permit to teach—the applicant’s registration number;
	(f)	if, at the date of application, the applicant is teaching—the address of each place where the applicant teaches;
	(g)	whether the applicant identifies as an indigenous person.
	(2)	In this section:
indigenous person means a descendant of the Aboriginal race of Australia or people who are descendants of indigenous inhabitants of the Torres Strait Islands.
7	Eligibility for full registration—teaching qualifications—Act, s 32 (1) (a) (i)
	(1)	The following teaching qualifications are prescribed:
	(a)	a course of pre-service teacher education—
	(i)	consisting of at least 4 years of academic study; and
	(ii)	including an accredited pre-service (initial) teacher education program;
Note	Accreditation of education programs is dealt with in the Act, pt 7.
	(b)	an accredited graduate pre-service teacher education program;
	(c)	a course of teacher education—
	(i)	provided by a university or higher education provider; and
	(ii)	that the institute is satisfied is equivalent to a course mentioned in paragraph (a) or (b).
	(2)	In this section:
higher education provider—see the Training and Tertiary Education Act 2003, dictionary.
university—see the Training and Tertiary Education Act 2003, dictionary.
8	Eligibility for full registration—experience, skills, etc—Act, s 32 (1) (a) (ii)
	(1)	The following requirements are prescribed:
	(a)	either—
	(i)	satisfactory completion of 1 year of teaching at a school; or
	(ii)	experience that the institute is satisfied is equivalent to satisfactory completion of 1 year of teaching at a school;
	(b)	demonstrated abilities, knowledge and skills required by a standard for full registration.
	(2)	The institute may be satisfied about a matter mentioned in subsection (1) if the institute receives a certificate from 1 or more of the following entities certifying that the entity is satisfied about the matter:
	(a)	the principal of a school where the person has been teaching;
	(b)	the provider of an accredited pre-service teacher education program;
	(c)	someone else that the institute is satisfied can provide satisfactory assessment of the matter.
Example
a registered teacher who supervised the applicant’s teaching at a school
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
9	Eligibility for full registration—period of teaching—Act, s 32 (1) (b)
The prescribed period is—
	(a)	for a person applying for full registration under the Act, section 30 (Application for registration or permit to teach)—180 days; or
	(b)	for a person applying for renewal of full registration under the Act, section 51 (Renewal of registration)—100 days.
10	Eligibility for full registration—English language skills—Act, s 32 (1) (c)
International English Language Testing System (IELTS) score of at least band 8 in speaking and listening and at least band 7 in reading and writing is prescribed.
11	Eligibility for provisional registration—experience, skills, etc—Act, s 33 (1) (a) (ii)
	(1)	The prescribed requirements are—
	(a)	either—
	(i)	180 days of teaching at a school; or
	(ii)	experience that the institute is satisfied is equivalent to satisfactory completion of 1 year of teaching at a school; and
	(b)	demonstrated abilities, knowledge and skills required by a standard for provisional registration.
	(2)	The institute may be satisfied about a matter mentioned in subsection (1) if the institute receives a certificate from 1 or more of the following entities certifying that the entity is satisfied about the matter:
	(a)	the principal of a school where the person has been teaching;
	(b)	the provider of an accredited education program of pre-service teacher education;
	(c)	someone else that the institute is satisfied can provide satisfactory assessment of the matter.
12	Eligibility for provisional registration—English language skills—Act, s 33 (1) (b)
International English Language Testing System (IELTS) score of at least band 8 in speaking and listening and at least band 7 in reading and writing is prescribed.
13	Additional eligibility requirements for permit to teach—English language skills—Act, s 35 (1) (a)
International English Language Testing System (IELTS) score of at least band 8 in speaking and listening and at least band 7 in reading and writing is prescribed.
14	Eligibility for permit to teach—other requirements—Act, s 35 (1) (f)
A qualification, from a provider of an accredited education program, in the subject the person is to teach, is prescribed.
15	Term of provisional registration—Act, s 48 (1) (a)
The prescribed period is 2 years.
16	Term of provisional registration—Act, s 48 (2)
The prescribed period is 1 year.
17	Term of permit to teach—Act, s 49 (1) (a)
The prescribed period is the period, not longer than 5 years, that the institute is satisfied that the person is to be employed or engaged to teach in a school.
Example
the person has agreed to enter into a contract of employment to teach for a stated period conditional on being given a permit to teach for the period
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
18	Term of permit to teach—Act, s 49 (2)
The prescribed period is the period, not longer than 5 years, that the institute is satisfied that the person is to be further employed or engaged to teach in a school.
Example
the person is to be further employed to teach in a school for a period for which he or she is given a permit
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

Part 3	Accreditation—education programs
19	Education programs register—Act, s 71 (4)
The following details are prescribed:
	(a)	details about course content of the education program;
	(b)	details that the education provider for the education program asks the institute to not make available to the public.
Examples—par (b)
1	details that are the intellectual property of the education provider
2	details that are commercial-in-confidence for the education provider
Note	An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
20	Grounds for suspending or cancelling accreditation—Act, s 81 (b)
The following circumstances are prescribed:
	(a)	the education provider for the education program does not have the educational or management capacity to provide the education program; 
	(b)	the method of delivery is not suitable for the education program.

Part 4	Transitional
21	Teachers currently teaching—Act, s 151 (2) (a)
30 June 2012 is prescribed.
22	Education providers currently providing education programs—Act, s 152 (2) (a)
30 June 2012 is prescribed.
23	Modification of Act, pt 15—Act, s 153 (2)
The Act, part 15 applies as if the following section were inserted:
‘151B	Teachers beginning teaching
	(1)	This section applies to a person who is employed or engaged to teach in a school on or after the commencement day.
	(2)	The person is taken to be an approved teacher from the beginning of the day the person is employed or engaged until the earlier of the following:
	(a)	the day the person is registered or granted a permit under this Act;
	(b)	either—
	(i)	31 October 2011; or
	(ii)	if the institute is satisfied there are special circumstances for allowing a later date—the later date.
	(3)	This section does not apply to a person who is a teacher currently teaching within the meaning of section 151 (5).
	(4)	This section expires on the day the ACT Teacher Quality Institute Act 2010, part 15 expires.’

Dictionary
(see s 3)
Note 1	The Legislation Act contains definitions and other provisions relevant to this regulation.
Note 2	For example, the Legislation Act, dict, pt 1, defines the following term:
·	home address.
Note 3	Terms used in this regulation have the same meaning that they have in the ACT Teacher Quality Institute Act 2010 (see Legislation Act, s 148).  For example, the following terms are defined in the ACT Teacher Quality Institute Act 2010, dict:
·	accredited education program
·	institute
·	school.
standard means a standard made under the Act, section 97 (Determination of standards).

Endnotes
1	About the endnotes
Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.  
The endnotes also include a table of earlier republications.
2	Abbreviation key

A = Act	NI = Notifiable instrument	
AF = Approved form	o = order	
am = amended	om = omitted/repealed	
amdt = amendment	ord = ordinance	
AR = Assembly resolution	orig = original	
ch = chapter	par = paragraph/subparagraph	
CN = Commencement notice	pres = present	
def = definition	prev = previous	
DI = Disallowable instrument	(prev...) = previously	
dict = dictionary	pt = part	
disallowed = disallowed by the Legislative 	r = rule/subrule	
Assembly	reloc = relocated	
div = division	renum = renumbered	
exp = expires/expired	R[X] = Republication No	
Gaz = gazette	RI = reissue	
hdg = heading	s = section/subsection	
IA = Interpretation Act 1967	sch = schedule	
ins = inserted/added	sdiv = subdivision	
LA = Legislation Act 2001	SL = Subordinate law	
LR = legislation register	sub = substituted	
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced	
mod = modified/modification	or to be expired	
3	Legislation history
ACT Teacher Quality Institute Regulation 2010 SL2010-53
notified LR 23 December 2010
s 1, s 2 commenced 23 December 2010 (LA s 75 (1))
remainder commenced 1 January 2011 (s 2 and see ACT Teacher Quality Institute Act 2010 A2010-55, s 2 and CN2010-18)
as amended by
ACT Teacher Quality Institute Amendment Regulation 2011 (No 1) SL2011-24
notified LR 5 August 2011
s 1, s 2 commenced 5 August 2011 (LA s 75 (1))
remainder commenced 6 August 2011 (s 2)
4	Amendment history
Commencement
s 2	om LA s 89 (4)
Modification of Act, pt 15—Act, s 153 (2)
s 23	ins SL2011-24 s 4
5	Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.  
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical. 

Republication No and date	Effective	Last amendment made by	Republication for	
R1
1 Jan 2011	1 Jan 2011–
5 Aug 2011	not amended	new regulation	

©  Australian Capital Territory 2011