Legislative Council Fifty-Fourth Parliament, Second Session (54-2) 54 2 Parliament of South Australia Legislative Council published Bills Bills Teachers Registration and Standards (Miscellaneous) Amendment Bill Teachers Registration and Standards (Miscellaneous) Amendment Bill Teachers Registration and Standards (Miscellaneous) Amendment Bill Second Reading Second Reading Adjourned debate on second reading. (Continued from 18 June 2020.) The Hon. K.J. MAHER Legislative Council Leader of the Opposition The Hon. K.J. MAHER (Leader of the Opposition) (15:32): The Teachers Registration Board plays an extremely important role in the management of a vital and important profession in South Australia and, while the opposition is generally in agreement that this piece of legislation needs updating, there are some serious areas of concern that I will address in this contribution. Under the construction of the government's bill, the proportion of teachers on the board would significantly reduce. It is hard to believe that a board charged with regulating a serious and essential profession would have fewer than one-quarter of the board comprised of registered professionals in that industry. This Liberal government has shown plenty of contempt for teachers in its short time in power, from enterprise bargaining negotiations to their treatment during the height of the current corona pandemic, and this latest insult will rub salt into those wounds. It is highly unlikely that other professional bodies such as health professionals, architects or any other professional body would be subject to this treatment. Teachers should expect at least the same level of respect. The opposition will not support the passage of this bill without reasonable reinstatement of teacher nominations to the board. We will also be addressing the ways in which teachers are selected to join the board. Last year, the government attempted to remove the provision for the Australian Education Union to be represented on education review committees looking into school closures and amalgamations. That was altered in this place and the Minister for Education begrudgingly accepted the position, and that is a very good thing given the Treasurer's habit of closing schools at will in his previous stint as an education minister. However, now the government has come back again and is attempting to remove the Australian Education Union's capacity—in this case, not just the AEU for public teachers but the Association of Independent Schools for independent school teachers—to nominate the teachers who will be on the board. This is an extremely short-sighted move. Union representation brings a layer of confidence to the process and will prevent the stacking of the board by the minister of the day, as well as providing a conduit for information to be provided to teachers about the work the board is conducting. A number of other stakeholders have been removed from representation on the board in this bill and the opposition will seek to reinstate many of those positions through our amendments. Other amendments the opposition will be seeking to make include: reinstating a requirement for the board to consist of, as far as practicable, equal numbers of men and women; ensuring the board must consult with unions and all education sectors before adopting codes of conduct or professional standards; ensuring a consultative approach to the drafting and adoption of codes of conduct; making any code of conduct adopted by the board disallowable by either house of parliament, as set out under the Subordinate Legislation Act 1978; requiring the Teachers Registration Board to survey teachers once every five years on the quality of initial teacher education programs (that is the teaching courses typically offered by universities) and have that tabled in parliament. The Teachers Registration Board accredits providers, and seeking feedback on the quality of the courses is not currently a requirement of this process; and requiring the Teachers Registration Board to offer a discount of not less than 5 per cent for teachers who pay the full five years of registration, as opposed to paying annually. In preparing these consultations, the Labor opposition has sought feedback and advice from bodies including the Australian Education Union, the Independent Education Union, individual teachers, the Association of Independent Schools in South Australia, and Catholic Education South Australia. We look forward to the committee stage and the council's positive consideration of a number of the amendments that have been filed. The Hon. I. PNEVMATIKOS Legislative Council The Hon. I. PNEVMATIKOS (15:36): I rise today to indicate my support for this bill with amendments. As the member for Port Adelaide in the other place has indicated, the opposition is supportive of this bill with the exception of some key issues that have been addressed by the Hon. Kyam Maher's amendments. During this pandemic, we have come to realise how vital certain industries are—teaching is no exception. Unlike many other professions, South Australian teachers were put in a compromising position by the government, having to either adapt to online teaching, which they were able to do in a matter of weeks, or return to classrooms during the pandemic. It is disappointing that the government does not recognise the important work that our teachers undertake to the same extent as the opposition. While teachers have been on the front line of the pandemic, the government seeks to diminish the representation of teachers on an integral mechanism which oversees their profession. I think we are all in agreement that the current size of the board at 16 is too large and cutting it down to a maximum of 14 is an appropriate measure; however, cutting down the representation of teachers on the board from seven to three is unacceptable. The bill also abolishes the Australian Education Union and the Independent Education Union from nominating these teachers and leaves the appointments up to the Minister for Education. Both the IEU and the AEU have played a crucial role in the Teachers Registration Board's establishment and development. Their history with the board, as well as their connection to the teaching community, makes them the most appropriate group to nominate teachers to the board. Once again, this government is pushing their broader agenda of taking away unions' freedoms and attacking democratic processes. They tried and failed with the proposed amendments to the Education Act last year, which, if passed, would have taken away the union's ability to nominate teachers to public school committees. That loss apparently did not discourage the government at all and they are again backing the same agenda with the same profession. The bill not only wants to take away the union's stake in the board, but shifts the decision-making to the minister. In true Liberal Party form, this government has created a top-down approach for appointing members of this board. Does the minister truly believe that he knows the profession better than the union closest to the workforce? Not only are the teachers chosen by the minister, but the registrar and presiding member, further meaning minister Gardner and his successors, will effectively be able to control the board with members who represent no-one and could potentially be no more than mouthpieces of government policy. This limits open and more insightful discussion, giving the minister undue power when it should be given to the profession, for the profession. In the proposed bill, the registrar has also been granted extended powers to suspend a teacher where the registrar, and I quote, 'reasonably suspects that the teacher poses an unacceptable risk to children'. While I think we can all understand the intent of this provision, and I am sure it is well-intentioned, there is no framework for how a matter will be dealt with. With no detail on how this operates and no detail on the recourse the accused teacher might have to appeal or challenge the findings, it will need to be considered further. The bill also makes provisions to create and publish a code of conduct. The proposed code of conduct developed by the board should be subject to review and scrutiny by parliament. As with any regulations or delegated legislation, the board must consult with those groups who are directly affected and require any code of conduct to be scrutinised by legislative review. I have held discussions with both the Australian Education Union and the Independent Education Union. While both unions agreed that it was time the act was amended to modernise the system, they hold concerns over the government's proposals. The amendments of the Hon. Kyam Maher and the Hon. Connie Bonaros go some way to supporting a stronger act. Once again, this government is proposing legislation where the ministers have greater control, in turn creating a disproportionate balance of power in the profession. One cannot ignore the greater debate here that is this government's attempt to rehash failed ideology and ignore the critical involvement of those directly involved, namely, the teaching profession. The Hon. R.I. LUCAS Legislative Council The Hon. R.I. LUCAS (Treasurer) (15:41): I thank all members who contributed to the debate on the bill. The bill will amend the act to improve its operation and further support the work of the Teachers Registration Board. I note members have raised concerns about some matters in the bill, particularly the changes to the composition of the board. The government respects and supports the contribution of teachers as members of the board, and the bill ensures this will continue. The minister, in nominating members for appointment to the board, will have to be of the opinion that they collectively have the knowledge, skills and experience necessary to enable the board to carry out all its functions effectively. The bill includes provision for, at minimum, a practising teacher in each of the areas of early childhood education, primary education and secondary education. However, the bill does not prevent further teachers being appointed to the board except to the extent that one of the board members must be a legal practitioner and one must be a parent of a school student, appointed to represent the community interest. The Hon. Connie Bonaros has raised specific concerns about the removal of university representation on the board. The bill clearly requires the minister to ensure that the board consists of members who have knowledge, skills and experience in the area of teacher education, which includes the role of universities, and in matters affecting employers of practising teachers. The government is proposing a model of board membership under which members are appointed based on the knowledge, skills and experience required by the board, rather than based on the nominations of various specified stakeholders. The government notes that the Hon. Mr Maher has filed a number of amendments to the bill. The proposed amendments include an amendment to modify the composition of the board so that it is similar to current arrangements whereby various stakeholders nominate members of the board. Further to that amendment, the Hon. Ms Bonaros has moved amendments to permit the Independent Education Union to nominate two members of the board, rather than one as proposed by amendments filed by the Hon. Mr Maher. As I have already outlined, the government is proposing a model of board membership based on the knowledge, skills and experience required by the board, rather than based on the nomination of various specified stakeholders. For that reason, the government will be opposing these amendments. The remainder of the amendments filed by the Hon. Mr Maher include, in summary, amendments to reinstate requirements for gender balance on the board; retain existing provision for appointment of deputies for members of the board; require the board to conduct surveys of registered teachers on initial teacher education; require the board to provide a discount of at least 5 per cent on annual registration fees if they are paid up-front for the full five years; remove the option for the board to adopt codes of conduct or publish or adopt professional standards, and require any codes of conduct published by the board to be subject to disallowance by the parliament; and require the board to seek submission from, and conduct consultation with, specified stakeholders before it publishes a code of conduct. These amendments will be debated further in committee; however, the amendments filed by the Hon. Mr Maher and the Hon. Ms Bonaros will not be supported by the government. Bill read a second time.