Teaching Council Act, 2001
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Inquiry by Investigating Committee. |
42.—(1) The Council or any person may apply to the Investigating Committee for any inquiry into the fitness to teach of a registered teacher on all or any of the following grounds: | |
(a) he or she has failed to comply with, or has contravened any provision of, this Act, the Education Act, 1998 , the Education (Welfare) Act, 2000 , the Vocational Education Acts, 1930 to 1999, or any regulations, rules or orders made under those Acts; | ||
(b) his or her behaviour constitutes professional misconduct; | ||
(c) his or her registration is erroneous due to a false or fraudulent declaration or misrepresentation; | ||
(d) he or she is medically unfit to teach, | ||
and an application shall, subject to this section, be considered by the Investigating Committee. | ||
(2) An application under subsection (1) shall be— | ||
(a) in writing, | ||
(b) signed by the applicant, and | ||
(c) accompanied by such documents and information as may be relevant to the application. | ||
(3) (a) The Director shall act as secretary to the Investigating Committee and, subject to paragraph (b), shall refer all applications made under subsection (1) to the Investigating Committee. | ||
(b) The Director shall refuse an application where— | ||
(i) the application does not satisfy the requirements of subsection (2), or | ||
(ii) he or she considers that the application is frivolous, vexatious, is made in bad faith or is an abuse of process. | ||
(4) Where the Director refuses an application under subsection (3)(b), the Director shall, within 21 days of the decision, inform the applicant, by notice in writing, of the decision and the reasons for the decision and the notice shall state that the applicant may appeal the decision to the Investigating Committee within 21 days of the date of service of the notice. | ||
(5) (a) Subject to paragraph (b), the Investigating Committee shall hold an inquiry in respect of an application referred to it by the Director under subsection (3)(a) or appeals made under subsection (4). | ||
(b) The Investigating Committee shall refuse to consider an application or appeal referred to in paragraph (a) where— | ||
(i) the application or appeal does not relate to the fitness to teach of a registered teacher, | ||
(ii) procedures established under sections 24 and 28 of the Education Act, 1998 , or the Vocational Education Acts, 1930 to 1999, as the case may be, have not been exhausted, save where there are good and sufficient reasons for considering the application or appeal notwithstanding that fact, or | ||
(iii) there is insufficient evidence to warrant an investigation. | ||
(6) Where the Investigating Committee, under subsection (5)(b), refuses to consider an application or an appeal referred to in subsection (5)(a), the Director shall, within 21 days of the decision, inform the applicant, by notice in writing, of the decision and the reasons for the decision. | ||
(7) (a) Where the Investigating Committee decides to hold an inquiry, the Director, shall, within 21 days of making the decision, provide the registered teacher with— | ||
(i) a copy of the application and any documents and information accompanying the application, and | ||
(ii) a notice stating that the registered teacher may make submissions, in writing, to the Investigating Committee within 21 days of receipt of the notice by the registered teacher. | ||
(b) The Investigating Committee shall consider any submissions made under paragraph (a)(ii). | ||
(8) (a) The Investigating Committee may request such other information or submissions from the applicant, the registered teacher and the school concerned and may obtain such expert advice or assistance as it considers appropriate for the purposes of considering an application under this section. | ||
(b) In the case of alleged medical unfitness, the Council may make regulations which provide for the submission of medical evidence, the making of representations and attendance for medical examination. | ||
(9) Following its inquiry, the Investigating Committee shall make a decision to— | ||
(a) refer the application, in whole or in part, to the Disciplinary Committee, or | ||
(b) refuse the application, | ||
and the Investigating Committee shall give its decision, in writing, to the Director and, in the case of a decision under paragraph (b), the reasons for the decision. | ||
(10) The Director shall, within 21 days of receiving the decision made under subsection (9), provide a copy of the decision and, in the case of a decision under paragraph (b), the reasons for the decision, to the following persons— | ||
(a) the applicant, | ||
(b) the registered teacher, and | ||
(c) where the registered teacher is employed as a teacher, his or her employer. |