Page 3949 - Week 09 - Thursday, 25 August 2011
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decision maker in assessing suitability for a job. Obviously, there are some professions, and some offences, where this should not apply—for example, it would not apply to security clearances or casino licences. These exemptions are listed in the Spent Convictions Act. Currently teachers are exempt.
As a matter of principle, we should hold teachers to a higher standard of openness, due to the high risk if a relevant conviction were undetected, for example, a 15-year-old child pornography conviction. We want our children protected as much as we can. The guidelines include reference to the relevance of an offence in relation to the teaching profession and whether or not there is a high degree of direct connection between the offence and inherent requirements of the profession, but they do not include definitions for a high degree of “direct connection” or the “inherent requirements of the profession”. This is, in many ways, the operative clause in a practical sense and is loosely drafted. What is a “direct connection” and what are the “inherent requirements of the profession”?
Common sense dictates that some of the higher charges are clearly relevant—child molestation and pornography, for example, but what about a 20-year-old drug conviction? Is this relevant? Some would argue yes. Others would argue that a minor conviction 20 years ago is irrelevant. A theft charge—is this relevant? A dishonesty charge, tax avoidance, fraud et cetera—are they relevant? We will support these amendments but on the understanding that the minister will ensure there is a close monitoring of the operation of this bill.
I also add that the Greens’ amendments concern transition arrangements for people working in administrative roles not currently teaching but holding teaching qualifications. They also capture those specialist teachers engaged primarily in the vocational education sector who do not hold formal teaching qualifications. I understand these people will be covered by the issue of a permit to teach under transitional arrangements.
These appear to be sensible inclusions, although I remain concerned about the qualifications level of teachers employed at the CIT. I raised questions about this at estimates, and I remain concerned about people who do not hold appropriate teaching qualifications and whether they are being employed and remunerated at appropriate levels of salary. As previously mentioned, Mr Speaker, we will be supporting these amendments.
MS HUNTER (Ginninderra—Parliamentary Leader, ACT Greens) (4.49): The Greens support the creation of the Teacher Quality Institute and will be supporting this bill to, amongst other things, improve the assessment of prospective teachers who have been convicted of offences in the past and ensure that the act operates appropriately and complementarily with the Spent Convictions Act 2000.
The Greens agree that it is appropriate that the Spent Convictions Act should not apply in these circumstances and that it is appropriate that the institute consider all previous convictions in determining whether or not to grant a person permission to teach.
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