Part 4 Supervisor certificates
Division 1 Application for supervisor certificate
106 Application for supervisor certificate
(1) A person may apply to the Regulatory Authority for a supervisor certificate.(2) An applicant must be an individual of or above the age of 18 years.
An application under section 106 must—(a) be in writing signed by the applicant; and(b) include the prescribed information; and(c) include payment of the prescribed fee.
108 Applicant must satisfy Regulatory Authority of specified matters
(1) An applicant must satisfy the Regulatory Authority that the applicant—(a) is a fit and proper person to be a supervisor of an education and care service; and(b) meets the prescribed minimum requirements for qualifications, experience and management capability.(2) The following persons are taken, in the absence of evidence to the contrary, to satisfy the requirements of subsection (1)(a)—(a) a person who is a registered teacher under an education law of a participating jurisdiction;(b) a person who holds a current working with children card under the working with children law of a participating jurisdiction.
109 Matters to be taken into account in assessing whether fit and proper person
(1) The Regulatory Authority, in determining whether it is satisfied that a person is a fit and proper person under this Division, must have regard to—(a) the history of the person’s compliance with—(i) this Law as applying in any participating jurisdiction; and(ii) a former education and care services law of a participating jurisdiction; and(iii) a children’s services law of a participating jurisdiction; and(iv) an education law of a participating jurisdiction; andNote. If a person has been served with an infringement notice for an offence under this Law, and the person has paid the penalty, the Regulatory Authority cannot consider that conduct when determining whether the person is fit and proper. See section 291(5).(b) any decision under a former education and care services law, a children’s services law or an education law of a participating jurisdiction to refuse, refuse to renew, suspend or cancel a licence, approval, registration or certification or other authorisation granted to the person under that law; and(c) the working with children check for that person, or if there is no working with children check for that person, any prescribed matters relating to the criminal history of the person to the extent that that history may affect the person’s suitability for the role of supervisor of an education and care service.(2) Without limiting subsection (1), the Regulatory Authority may have regard to whether the person has a medical condition that may affect the person’s capacity to be the supervisor of an education and care service.(3) Nothing in subsection (1) or (2) limits the circumstances in which a person may be considered not to satisfy the Regulatory Authority that he or she is a fit and proper person to be a supervisor of an education and care service.
110 Regulatory Authority may seek further information
(1) For the purpose of carrying out an assessment as to whether a person is a fit and proper person to hold a supervisor certificate, the Regulatory Authority may—(a) ask the person in respect of whom the assessment is being carried out to provide further information; and(b) undertake inquiries or investigations in relation to the person in respect of whom the assessment is being carried out.(2) If the Regulatory Authority asks the applicant for further information under this section, the period from the making of the request until the provision of the further information is not included in the period referred to in section 111 for the Regulatory Authority to make a decision on the application.
111 Grant or refusal of supervisor certificate
(1) The Regulatory Authority may grant or refuse to grant a supervisor certificate on an application under section 106.Note. A supervisor certificate is granted subject to conditions in accordance with section 115.(2) Subject to subsection (3), the Regulatory Authority must make a decision on the application within 60 days after the Regulatory Authority received the application.Note. If further information is requested under section 110(3), the period between the making of the request and the provision of the information is not included in the 60 day period.(3) The period referred to in subsection (3) may be extended by up to 30 days with the agreement of the applicant.(4) The Regulatory Authority is taken to have refused to grant a supervisor certificate if the Regulatory Authority has not made a decision under subsection (1)—(a) within the relevant time required under subsection (3); or(b) within the period extended under subsection (4)—as the case requires.
The Regulatory Authority must refuse to grant a supervisor certificate if—(a) the Regulatory Authority is not satisfied that the applicant is a fit and proper person to be the supervisor of an education and care service; or(b) the applicant is under the age of 18 years; or(c) the Regulatory Authority is not satisfied that the applicant meets the prescribed minimum requirements for qualifications, experience and management capability.
113 Notice of decision on application
The Regulatory Authority must give written notice to the applicant of a decision under section 111 and the reasons for the decision within 7 days after the decision is made.
114 Grant of supervisor certificate to specified classes of persons
(1) The Regulatory Authority may grant a supervisor certificate to a person in a prescribed class of persons.Note. A supervisor certificate is granted subject to conditions in accordance with section 115.(2) Sections 106 to 113 do not apply to the grant of a supervisor certificate under this section.
(1) A supervisor certificate is subject to any conditions imposed by—(a) this Law; or(b) the Regulatory Authority.(2) Without limiting subsection (1), a supervisor certificate is subject to the condition that the certified supervisor must, to the extent that a matter is within the supervisor’s control, comply with this Law in relation to that matter.(3) Without limiting subsection (1), a supervisor certificate is subject to the condition that the certified supervisor must notify the Regulatory Authority of a change in his or her name or mailing address.
If the Regulatory Authority grants a supervisor certificate under section 111 or 114, the Authority must issue a certificate containing the following information to the applicant—(a) the name of the certified supervisor or the prescribed class of person to which the certified supervisor belongs;(b) any conditions imposed on the supervisor certificate;(c) the date the supervisor certificate was granted;(d) the certified supervisor number;(e) any other prescribed information.
117 Effect of supervisor certificate
A person who is the holder of a supervisor certificate may—(a) be nominated as the nominated supervisor of an education and care service; and
118 Reassessment of suitability
(1) The Regulatory Authority may at any time reassess whether a certified supervisor is a fit and proper person to be a supervisor of an education and care service.(2) Sections 108, 109 and 110 apply to the reassessment.
Division 3 Amendment of supervisor certificate
119 Amendment of supervisor certificate on application
(1) A certified supervisor may apply to the Regulatory Authority for an amendment of the supervisor certificate.(2) The application must—(a) be in writing; and(b) include the prescribed information; and(c) include payment of the prescribed fee.(3) The Regulatory Authority must decide the application by—(a) amending the supervisor certificate in the way applied for; or(b) with the applicant’s written agreement, amending the supervisor certificate in another way; or(c) refusing to amend the supervisor certificate.(4) The Regulatory Authority must make a decision on the application within 30 days after the Regulatory Authority receives the application.(5) Without limiting subsection (3), an amendment may vary a condition of the supervisor certificate or impose a new condition on the supervisor certificate.
120 Amendment of supervisor certificate by Regulatory Authority
(1) The Regulatory Authority may amend a supervisor certificate at any time.(2) Without limiting subsection (1), an amendment may vary a condition of the supervisor certificate or impose a new condition on the supervisor certificate.(3) The Regulatory Authority must give written notice to the certified supervisor of the amendment.(4) An amendment under this section has effect—(a) 14 days after the Regulatory Authority gives notice of the amendment under subsection (3); or(b) if another period is specified by the Regulatory Authority, at the end of that period.
121 Notice of change of circumstances
(1) A certified supervisor must notify the Regulatory Authority of—(a) any change in the circumstances of the supervisor that affects—(i) a requirement under section 108 or 109; or(ii) the information specified in the supervisor certificate under section 116; or(b) the suspension or cancellation of a working with children check, working with children card or teacher registration held by the certified supervisor; or(c) any disciplinary proceedings in relation to the certified supervisor under an education law of a participating jurisdiction.Penalty: $4000.
(2) The notice must be given within 7 days after the change occurs.
122 Notice of change of information
If the certified supervisor notifies the Regulatory Authority of a change in any of the information stated on the supervisor certificate, the Regulatory Authority may amend the supervisor certificate to show the correct information.
Division 4 Suspension or cancellation of supervisor certificate
123 Grounds for suspension or cancellation of supervisor certificate
The Regulatory Authority may suspend or cancel a supervisor certificate—(a) if the Regulatory Authority is of the opinion that the certified supervisor is no longer a fit and proper person to be a supervisor of an education and care service; or(b) if the certified supervisor fails to comply with a condition of the supervisor certificate; or(c) if the certified supervisor fails to comply with a requirement of this Law as applying in any participating jurisdiction in relation to a matter within the certified supervisor’s control.
124 Show cause notice before suspension or cancellation
(1) This section applies if the Regulatory Authority is considering the suspension or cancellation of a supervisor certificate under section 123.(2) The Regulatory Authority must first give the certified supervisor a notice (show cause notice) stating—(a) that the Regulatory Authority intends to suspend or cancel the supervisor certificate; and(b) the reasons for the proposed suspension or cancellation; and(c) that the certified supervisor may, within 30 days after the notice is given, give the Regulatory Authority a written response to the proposed suspension or cancellation.
125 Decision in relation to suspension or cancellation
After considering any written response from the certified supervisor received within the time allowed by section 124(2)(c) (if applicable), the Regulatory Authority—(a) may—(i) suspend the supervisor certificate for a period not exceeding the prescribed period; or(ii) cancel the supervisor certificate; or(iii) decide not to suspend or cancel the supervisor certificate; and(b) must give the certified supervisor notice of the decision.
126 Suspension of supervisor certificate without show cause notice
The Regulatory Authority may suspend the supervisor certificate on a ground referred to in section 123 without giving the supervisor a show cause notice under section 124 if the Regulatory Authority is satisfied that there is an immediate risk to the safety, health or wellbeing of a child or children.
127 Notice and taking effect of suspension or cancellation
(1) The Regulatory Authority must give the certified supervisor written notice of the decision to suspend or cancel the supervisor certificate under section 125 or 126.(2) The notice of a decision to suspend must set out—(a) the period of suspension; and(b) the date on which it takes effect.(3) The decision under section 125 to suspend or cancel takes effect at the end of 14 days after the date of the decision, or, if another period is specified by the Regulatory Authority, at the end of that period.(4) The decision to suspend under section 126 takes effect on the giving of the notice.
128 Suspension or cancellation of certain supervisor certificates
(1) If the teacher registration of a person is suspended, the supervisor certificate of that person is suspended at the end of 14 days after that suspension unless and until the Regulatory Authority has assessed the person under section 109 as being a fit and proper person.(2) If the teacher registration of a person is cancelled, the supervisor certificate of that person is cancelled at the end of 14 days after that cancellation unless the Regulatory Authority has assessed the person under section 109 as being a fit and proper person.(3) The supervisor certificate of a person is suspended immediately if the working with children card of that person is suspended.(4) The supervisor certificate of a person is cancelled immediately if the working with children card of that person is cancelled.
129 Voluntary suspension of supervisor certificate
(1) A certified supervisor may apply to the Regulatory Authority for a suspension of the supervisor certificate for a period of not more than 12 months.(2) An application must—(a) be in writing; and(b) include the prescribed information; and(c) include payment of the prescribed fee.(3) The Regulatory Authority may, by written notice, agree to the suspension if the Authority is satisfied that it is reasonable in the circumstances.(4) The Regulatory Authority must, within 30 days after the application is made, decide whether or not to grant the application.(5) If the Regulatory Authority decides to grant the application, the suspension takes effect on a date agreed between the Regulatory Authority and the certified supervisor.
130 Surrender of a supervisor certificate by certified supervisor
(1) A certified supervisor may surrender the supervisor certificate by written notice to the Regulatory Authority.(2) On the surrender of the supervisor certificate, the certificate is cancelled.
Division 5 Exercise of powers by another Regulatory Authority