Teachers Registration Board of South Australia 

10-15 minutes

A short factsheet on the Teachers Registration Board of South Australia: its establishing Act and its registration and fitness-to-teach disciplinary functions.

Learning level
Orientation
Jurisdictions
sa
Subjects
administrative-law
Topics
statutory-bodies-and-regulators

Learning outcomes

  • State the Teachers Registration Board's establishing Act and its combined registration and disciplinary functions.

Act: Teachers Registration and Standards Act 2004 (SA).1

Established: Established, incorporated, and given a natural person's powers — all in one section. Section 5(1) establishes the Teachers Registration Board of South Australia, and s 5(2) makes it a body corporate with perpetual succession, a common seal, and the powers of a natural person in addition to the functions and powers the Act confers. That last limb is the one students skip: a body with a natural person's powers is not confined to what the Act lists, whereas a body established without it generally is.

Purpose: The Board registers teachers in South Australia, sets standards for registration (qualifications, conduct, fitness to teach), and can investigate complaints and impose disciplinary outcomes up to cancellation of registration. It is a sector-specific professional registration body, structurally similar to registration boards in other regulated professions.

Where the authority sits

The functions in s 6 are regulatory and standard-setting: administering the Act for the regulation of the teaching profession, accrediting initial teacher education programs, and developing and maintaining codes of conduct. Registration and accreditation are the levers; the Board decides who may teach and which programs qualify them.

Powers conferred under the Act

The Board can grant, renew, condition, suspend or cancel teacher registration, and investigate conduct or fitness-to-teach complaints, including from schools, parents or the public. A person teaching without required registration commits an offence under the Act.

Is it a prosecuting authority?

No, but read the disciplinary scheme separately. The Board regulates through registration and discipline rather than prosecution, and the Act provides for the punishment of conduct that also constitutes an offence (s 36) — a rule about the relationship between disciplinary and criminal processes, not a power to prosecute.

How it relates to the other SA bodies

A Board disciplinary decision is generally reviewable, so a teacher whose registration is cancelled is not automatically without recourse — the correct question is whether the Act confers a right of review to the South Australian Civil and Administrative Tribunal, the same enabling-Act-by-enabling-Act discipline every merits-review tribunal requires.

Self-check

  • Have I described the Board's registration and disciplinary functions accurately?
  • Have I checked whether a Board decision is reviewable, rather than assuming it is final?

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