Education and Training (Teaching Council Fees, Levies, and Costs) Amendment Act 2021

1: Title
This Act is the Education and Training (Teaching Council Fees, Levies, and Costs) Amendment Act 2021.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Education and Training Act 2020 2021-11-20 Education and Training Act 2020
1: Teaching Council fees, levies, and costs
4: Section 479 amended (Functions of Teaching Council)
1: In the heading to section 479 Functions Functions and powers
2: In section 479(1) functions of the Teaching Council are as follows functions that the Teaching Council must perform are as follows
3: Replace section 479(1)﻿(a), (b), and (c)
a: to provide direction for teachers:
b: to enhance the status of teachers:
c: to identify and disseminate best practice in teaching and foster the teaching profession’s continued development in light of research and evidence of changes in society and technology:
4: Replace section 479(2)
2: The functions that the Teaching Council may perform, with the written approval of the Minister, are as follows:
a: to provide leadership to the education profession:
b: to enhance the status of education leaders:
c: to identify and disseminate best practice in education leadership.
3: The Teaching Council may, by written notice to a governing body, require the governing body to give the Teaching Council, within a time specified in the notice, any information specified in the notice, and the governing body must within that time give the Teaching Council in writing all information so required that is reasonably necessary or desirable for the Teaching Council to have for the proper administration of this subpart.
4: The Teaching Council has and may exercise all other powers conferred by this Act or reasonably necessary for the purpose of performing its functions.
5: For the purposes of subsection (3) governing body
6: When performing its functions and exercising its powers, the Teaching Council must act in accordance with the rules of natural justice.
5: In section 479 1989 No 80 ss 382, 383(6)–(8)
5: Section 480 replaced (Powers of Teaching Council)
Replace section 480
480: Teaching Council fees, levies, and costs
1: The Teaching Council may, by notice,—
a: fix fees payable for—
i: registration as a teacher:
ii: the issuing of a practising certificate:
iii: the granting of a limited authority to teach:
iv: any other matter associated with those matters (for example, inspection of the register of registered teachers or supplying a copy of an entry in the register):
b: impose a levy payable by registered teachers, holders of a limited authority to teach, and applicants for registration as a teacher or a limited authority to teach for the purpose of funding the Teaching Council’s functions set out in section 479(1).
2: A notice under subsection (1)
a: by registered teachers, holders of a limited authority to teach, and applicants for registration as a teacher or a limited authority to teach; and
b: for registration effected in different circumstances; and
c: for practising certificates of different kinds.
3: Fees fixed and levies imposed under subsection (1)
4: Before issuing a notice under subsection (1)
a: consult registered teachers and holders of a limited authority to teach on any proposed fees or levies; and
b: receive the views presented to it with an open mind and give those views due consideration when making a decision on the proposed fees or levies.
5: The Teaching Council may also charge a fee for any goods or services it provides in accordance with its functions under section 479(1).
6: Fees fixed and levies imposed under subsection (1) subsection (5)
7: Despite anything in this Act, the Teaching Council may refuse to register a person as a teacher, issue a practising certificate, or grant a limited authority to teach until the appropriate fee or levy has been paid in the manner prescribed by the notice.
8: If the Teaching Council cancels a teacher’s registration or limited authority to teach, it may, by written notice to the teacher or person concerned, require the teacher or person to pay the Teaching Council any reasonable costs specified in the notice that were incurred by the Teaching Council in dealing with the proposal to cancel the registration or authorisation, or with the cancellation itself.
9: A notice made under this section is secondary legislation ( see 1989 No 80 ss 364, 372, 383(1), (2), (5) The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
6: Schedule 3 amended
In Schedule 3, repeal clauses 13 22
2: Validations and other transitional provisions
7: Schedule 1 amended
In Schedule 1
a: insert the Part set out in the Schedule
b: make all necessary consequential amendments.