The Act confers the Registrar with powers to investigate and refer matters to the Board for Inquiry (disciplinary proceedings) independently of the Board, acting within the principles of administrative law, the provisions of the Act, the policies of the Board and other relevant legislation.

An investigation conducted by the Board’s Investigation Unit is independent of investigations undertaken by the South Australia Police (SAPOL), a teacher's employer or any other statutory authority.

If the Registrar determines an investigation is warranted, the teacher concerned will be informed in writing that an investigation has commenced. This notification outlines the nature of the complaint and/or allegations and advises the teacher that the principles of natural justice and procedural fairness apply.

Pursuant to section 34 of the Act the Registrar, or a person authorised by the Registrar (usually an Investigations Officer employed by the Board) has the power to investigate the conduct, capacity and/or competence of a teacher.

The Registrar is required to investigate complaints referred and to exercise “prosecutorial discretion”. In undertaking this investigative and prosecutorial role the Registrar acts independently of the Board and is not directed by the Board in respect to the investigation of specific complaints. The Registrar may use the discretion by way of a letter of advice or letter of warning to a teacher in appropriate circumstances.

In matters relating to the capacity or competence of a teacher, the Board may require a teacher to undergo a medical examination by a medical practitioner selected by the teacher from a panel of medical practitioners nominated by the Board and to authorise a report on the results of the medical examination be provided to the Registrar.

Depending on the outcome of an investigation the Registrar may either determine there is no evidence to support the allegation(s), resolve the matter administratively or refer the matter to the Crown Solicitor’s Office for further legal advice and consideration of the laying of a formal Complaint for an Inquiry before the Board.

A ‘Complaint’ is the term used for the formal document provided to the Board by the Registrar which outlines the allegations against a teacher and forms the basis of an Inquiry into a teacher’s conduct or capacity to teach. It is to be distinguished from general complaints or concerns made about a teacher by others. The Registrar becomes the complainant in any Inquiry.

Formal Proceedings

If the Board considers there is sufficient cause to hold an inquiry the Complaint and accompanying documents will be served upon the teacher (the respondent) with at least 21 days’ notice of a date of a preliminary conference and will set out particulars of the allegations. Before the inquiry the respondent and their counsel may be provided with a copy of all documents upon which the Board will rely upon when making their determination.

Once a formal Complaint has been laid outlining the particulars of the allegations, the Board holds a formal Inquiry to determine whether or not there is cause for disciplinary action or whether the teacher's capacity to teach is seriously impaired by an illness or disability affecting their competence as a teacher.

The purpose of commencing disciplinary proceedings is to safeguard the public interest in there being a teaching profession whose members are competent educators and fit and proper persons to have the care of children.

At all times during an assessment/investigation and any subsequent disciplinary proceedings, the principles of natural justice and procedural fairness will be adhered to.

All Inquiry matters must be proved on the balance of probabilities after considering all evidence. This is distinguished from criminal proceedings which require proof beyond reasonable doubt.

The Registrar is obligated under section 40 of the Act to notify the respondent’s employer (if they are a practising teacher), the Chief Executives of the Department for Education, the Catholic Education Office, the Association of Independent Schools and other teacher regulatory bodies in Australia and New Zealand of the commencement of an Inquiry.

On completion of an Inquiry the respondent or their legal representative are provided with written notice of the outcome of the Inquiry and a copy of the written Reasons for Decision

The Registrar is obligated under section 40 of the Act to notify the respondent’s employer (if they are a practising teacher), the Chief Executives of the Department for Education, the Catholic Education Office, the Association of Independent Schools and other teacher regulatory bodies in Australia and New Zealand of both the commencement of an Inquiry and of its outcome.

On completion of an Inquiry the respondent or their legal representative are provided with written notice of the outcome of the Inquiry and a copy of the written Reasons for Decision

Section 49 of the Act outlines the respondent’s Right of Appeal against a decision of the Board to be instituted within one month of receipt of the written Reasons for Decision.

A summary of completed Inquiries can be found in Case Summaries (coming soon). The summary can also be found in our Annual Reports.

For further information regarding disciplinary or incapacity proceedings please refer to Information Sheet - Matters Pursuant to Part 7of the Act . A summary of completed Inquiries can be found in Case Summaries relating to Unprofessional Conduct (coming soon).