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Who can be employed in a teaching position?A school authority (i.e. a state school or private school), or a free kindergarten association may only continue to employ a teacher who has either a current practising certificate, or a limited authority to teach issued by the NZ Teachers Council. (s.120B). In an early childhood centre, this presently applies for those holding the position of 'person responsible' and from 2007-2012 for increasing numbers of ECE teachers. The Board of each school authority or a free kindergarten association may only permanently appoint a teacher who has a current practising certificate.(s. 120A) Short term relieving employment of a person without a limited authority or a practising certificate is possible under the following conditions:
Should a practising certificate expire during employment it is illegal for the employment of the teacher to continue unless the NZ Teachers Council has authorised a longer period. (s.120B) The NZ Teachers Council expects that all employing authorities and kindergarten associations have clearly stated appointment procedures. This should qualify the offer of continuing or permanent employment with a requirement that a current practising certificate is produced and is continued to be held during the period of the employment, or termination of employment will result. Any school authority or kindergarten association which appoints or employs a teacher contrary to the above can incur a $5,000 fine on summary conviction (s137(2)), or for a teacher to permit themselves to be appointed and employed contrary to the above, can incur a $2,000 fine on summary conviction (s137(1)(f), (h) and (i)). The NZ Teachers Council may prosecute under S.137 if it receives reports on breaches of the Act from teachers, the Education Review Office and parents or where it is evident from an application it receives that appointment or employment as a teacher has been undertaken contrary to the provisions of s.120A or s.120B of the Act.
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