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Professional Registration Policy

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1. Policy statement

Teachers and school psychologists have requirements and responsibilities in relation to maintaining professional registration with the respective regulatory bodies (Teacher Registration Board of Western Australia, Psychology Board of Australia) as a condition of their contract of employment.

2. Policy rules

Employees must observe the obligations placed on them by the Teacher Registration Act 2012 and the Health Practitioner Regulation National Law (WA) Act 2010.

Guidance

The policy applies to employees required to be registered with a regulatory body as an essential requirement of their employment. Within the context of this policy, employees who become unregistered include:

For school administrators and teachers:

  • circumstances where the registered teacher’s registration has been cancelled by the Teacher Registration Board of Western Australia (TRBWA) because the teacher is no longer entitled to be registered, including where:

(a) the teacher has been convicted or found guilty of an actionable offence under the Teacher Registration Act 2012; or 

(b) a negative notice or an interim negative notice has been issued to the teacher under the Working with Children (Screening) Act 2004; or 

(c) the teacher has failed to give to the Board the teacher’s written consent for the Board to obtain a criminal history check in accordance with a notice under section 43 of the Teacher Registration Act 2012t; or 

(d) a qualification that enabled the teacher to gain registration has been withdrawn or cancelled by the body that conferred the qualification; or 

(e) a qualification that enabled the teacher to gain registration was forged or fraudulently obtained; or 

(f) the teacher is in arrears in respect of fees due and payable under the Teacher Registration Act 2012.

  • cancellation or suspension of teacher registration as a result of a disciplinary proceeding under the Teacher Registration Act 2012
  • the expiry of their teacher registration.

     

For school psychologists:

the non-payment of the Australian Health Practitioner Regulation Agency (AHPRA) annual fee, causing registration to be cancelled

  • failing to renew or transition to a new category of registration, in accordance with the provisions of the Health Practitioner Regulation National Law (WA) Act 2010 impacting on the ability to practice.

All employees who teach have a responsibility to maintain their professional registration as an essential condition of their contract of employment. The capacity of each employee to fulfil the duties and responsibilities essential in the requirements of their role is fundamental.

Failing to be registered with the Teacher Registration Board of Western Australia (TRBWA) or Psychology Board of Australia may result in the cessation of an employee’s employment with the Department.

3. Responsibility for implementation and compliance

Directors of Education (Metropolitan and Regional), school administrators, Chief Psychologist, lead psychologists and line managers are responsible for implementation of this policy.

The Executive Director, Workforce is responsible for compliance monitoring.

4. Scope

This policy applies to all teachers, school administrators and school psychologists employed on a permanent or fixed term employment contract.

Guidance

A negative notice or an interim negative notice issued under the Working with Children (Criminal Record Checking) Act 2004 and/or notices issued under Section 42 of the Teacher Registration Act 2012 are dealt with by the Standards and Integrity Directorate and Labour Relations.

6. Definitions

Public Sector Management Act 1994 (section 80) together with the School Education Act 1999 (section 239)

A breach of discipline occurs when an employee:

  • disobeys or disregards a lawful order
  • contravenes any section of the Public Sector Management Act 1994 or School Education Act 1999 applicable to the employee
  • contravenes any public sector standard or code of ethics
  • is negligent or careless in the performance of his or her functions
  • commits an act of victimisation within the meaning of section 15 of the Public Interest Disclosure Act 2003
  • commits an act of misconduct
  • breaches the Department’s Code of Conduct.         

Chief Psychologist means a person holding a professional occupation position that has been determined to be a specified calling position requiring a relevant tertiary qualification in psychology.

School Education Act Employees’ (Teachers and Administrators) General Agreement 2021

Lead School Psychologist means School Psychologists appointed to a position of Lead School Psychologist and required to deliver outcomes in accordance with the Advanced Skills School Psychologist guidelines.

National Board Registration Standards

Practice means any role, whether remunerated or not, in which the individual uses their skills and knowledge as a practitioner in their regulated health profession. Practice is not restricted to the provision of direct clinical care. It also includes using professional knowledge in a direct non-clinical relationship with patients or clients, working in management, administration, education, research, advisory, regulatory or policy development roles and any other roles that impact on safe, effective delivery of health services in the health profession.

Teacher Registration Act 2012

Registered teacher means a person who is registered under Part 3.

Health Practitioner Regulation National Law (WA) Act 2010

Psychologist means a person who is registered under this Law in the psychology profession.

School administrators means:

(a)   principal

(b)   vice principal

(c)   deputy principal

(d)   head of school

(e)   head of department

(f)    program coordinator

(g)   coordinator

(h)    manager

(i)     head of learning area.

Means a person holding a position of School Psychologist, as prescribed in the Act.

A person who the respondent elects to be supported by in the disciplinary process. The support person does not speak on behalf of the respondent in the process but can be present at meetings or interviews held in relation to the disciplinary process

Means to undertake duties in an educational venue that include any of the following:

(a)    the delivery of an educational program and the assessment of student participation in an educational program;

(b)    leading the delivery and assessment referred to in sub paragraph a), including managing others undertaking the delivery and assessment.

Means a member of teaching staff including:

(a)    teachers other than school administrators

(b)    director

(c)    area director

(d)    school psychologist

(e)    education officer

(f)    school development officer

(g)    principal consultant.

7. Related documents

Public Sector Management Act 1994 (WA)

Public Sector Management Regulations 1994 (WA)

School Education Act 1999 (WA)

Teacher Registration Act 2012

Teacher Registration (General) Regulations 2012

Health Practitioner Regulation National Law (WA) Act 2010

Staff Conduct and Discipline Policy and Procedures

Code of Conduct

A guide to the disciplinary provisions contained in Part 5 of the PSM Act

8. Contact information

Policy manager:               Director

                                         Workforce Policy and Coordination

                                         T: (08) 9264 4135

 

Policy contact officer:      Manager

                                         Workforce Policy

                                         T: (08) 9264 5040

For further information:    Labour Relations Branch

                                         T: (08) 9264 4921

9. History of changes

Effective date Last update date Policy version no.
11 March 2025 1.0
DG Lisa Rodgers signed the Policy Submission at the Corp Exec, on 19 July 2024 (D23/1102790)