On 20 December 2018, the South Australian State Government amended the Teachers Registration and Standards Act 2004 to grant the Teachers Registration Board the power to suspend the registration of a teacher if they are charged with a prescribed offence but not yet convicted. Prescribed offences will include major offences against children, such as murder or abduction, and are aligned to the Child Safety (Prohibited Persons) Act 2016. Prescribed offences are set out in the Teachers Registration and Standards Regulations 2016.

Prior to granting the Registrar the power to suspend a teacher’s registration, the Board had to formally adopt a process by which the bail conditions imposed by the Court were reflected in conditions on the teacher’s registration. This amendment allows the Board to act immediately it is notified that a teacher has been charged with a prescribed offence.

This amendment has been made to reduce risks to the safety of children however, it will also serve to maintain the integrity of, and ensure community confidence in, the teaching profession.

There are appropriate checks and balances in place to ensure objectivity. Under this legislation, if a teacher is charged with a prescribed offence the Registrar will have the power to immediately suspend their registration, pending a review and ratification by a sub-committee of the Board. This sub-committee would include at least three Board members, one of whom is required to be a legal practitioner in order to ensure procedural fairness for the registrant. The teacher would be immediately notified of the suspension and the public Register of Teachers would be annotated accordingly.

All suspension matters will be treated on an individual basis and the Board will use their discretion in applying their ability to review and suspend a teacher. After a teacher has been notified of a suspension of registration they will have 60 days to appeal the decision.

The teacher registration system serves to guarantee that only appropriately qualified and suitable people are admitted to, and remain in, the profession. Registration protects educational standards, child safety and the profession’s high standards while also reassuring registered teachers that their peers meet the same high standards expected of the profession.