Teaching Council Act, 2001

Removal or suspension from register or retention subject to conditions.

44.—(1) Where a finding of unfitness to teach has been made by a panel under this Part, the Disciplinary Committee, following its consideration of the report of the inquiry made by the panel under section 43 , may make a decision—

(a) that the registered teacher shall be removed from the register and that he or she shall not be eligible to apply to be restored to the register under section 31 before the expiration of such period, beginning with the date of removal, as may be specified by the Disciplinary Committee in the decision,

(b) that the registered teacher shall be suspended from the register for the period specified by the Disciplinary Committee which period shall not exceed 2 years, or

(c) that the registered teacher shall be retained on the register subject to all or any of the following conditions:

(i) that the teacher seek the assistance of such service relating to teacher health and welfare as may be available;

(ii) that the teacher attend a specified professional development course, or such other course as the Disciplinary Committee considers appropriate;

(iii) the period within which the teacher shall comply with the conditions of the retention;

(iv) such other conditions as the Disciplinary Committee thinks fit.

(2) The Director shall, by notice in writing, within 21 days of the making of the decision provide a copy of the decision and the reasons for the decision to—

(a) the applicant,

(b) the registered teacher,

(c) where the registered teacher is employed as a teacher, his or her employer, and

(d) the Minister.

(3) A registered teacher may, within 21 days of the date of service of a notice under subsection (2), apply to the High Court for annulment of the decision and the Court, on hearing the application, may—

(a) annul the decision,

(b) confirm the decision and as the Court considers appropriate—

(i) direct the Council to remove the registered teacher from the register,

(ii) direct that during a specified period (which period shall commence not earlier than 7 days after the date of the decision of the Court and shall not exceed 2 years) registration shall be suspended, or

(iii) direct the Council to retain the registration subject to such conditions (if any) as the Court considers appropriate,

(c) vary the decision of the Disciplinary Committee, or

(d) give such other directions to the Council as the Court considers appropriate.

and the Court may make such order as to costs as it considers appropriate.

(4) If at any time the Council satisfies the High Court that the registered teacher has delayed unduly in proceeding with an application under subsection (3), the Court shall, unless it sees good reason to the contrary, confirm the decision or may give such other directions to the Council as the Court considers appropriate and may make such order as to costs as it considers appropriate.

(5) Where a registered teacher does not apply to the High Court under subsection (3) for annulment of the decision, the Council shall, within 21 days of the expiry of the period for making an application under that subsection, or such further period as the High Court considers just and equitable in the circumstances, apply ex parte to the High Court for confirmation of the decision and, where the Council so applies, the Court, on the hearing of the application shall, unless it sees good reason to the contrary, confirm the decision or may give such other directions to the Council as the Court considers appropriate and may make such order as to costs as it considers appropriate.

(6) The decision of the High Court on an application under this section shall be final save that, by leave of the High Court or the Supreme Court, an appeal by the Council or the registered teacher, from that decision, shall lie to the Supreme Court on a specified question of law.

(7) Following a decision under this section by the High Court or the Supreme Court, as the case may be, the Council shall, as soon as practicable, by notice in writing inform the teacher, the applicant, the Minister and, where the teacher is employed as a teacher, his or her employer, of the decision.

(8) A person who has been removed from the register under this section may apply to the Council to be registered on the expiration of the period, specified under this section, within which he or she shall not be eligible to apply to be restored to the register, and section 31 shall apply.