There may be cause for disciplinary action under section 33 of the Act if:

  • the teacher has improperly obtained registration as a teacher; or
  • the teacher has been guilty of unprofessional conduct; or
  • a working with children check has not been conducted in relation to the teacher within the preceding 5 years; or
  • the teacher is not a fit and proper person to be a registered teacher; or
  • the teacher’s registration or other authority to teach has been suspended, cancelled or otherwise withdrawn by another teacher regulatory authority.

As defined in section 3 of the Act unprofessional conduct means:

  • a contravention of the Act or repealed provisions; or
  • a contravention of a condition of teacher registration under this Act or the repealed provisions; or
  • a contravention of a code of conduct or professional standard published or adopted under section 31B; or
  • incompetence; or
  • disgraceful or improper conduct.

Note:  A Code of Conduct for registered teachers and holders of a Special Authority to Teach will be developed in wide consultation with stakeholders.

Potential Outcomes

Following an Inquiry, if the Board is satisfied on the balance of probabilities that there is proper cause for disciplinary action against the teacher, the Board may do one or more of the following:

  • Reprimand the teacher;
  • Order the teacher to pay a fine not exceeding $5 000;
  • In the case of a registered teacher—
    • impose conditions on the teacher's registration;
    • suspend the teacher's registration for a specified period or until the fulfilment of specified conditions or until further order;
    • cancel the teacher's registration with immediate effect or with effect at a future specified date;
  • Disqualify the teacher from being registered as a teacher permanently, or for a specified period, or until the fulfilment of specified conditions or until further order.

Incapacity to teach

There may be cause for disciplinary action under section 38 of the Act where a teacher's capacity to teach is seriously impaired by an illness or disability affecting their behaviour or competence as a teacher.

Potential Outcomes

Following an Inquiry, if the Board is satisfied on the balance of probabilities that a teacher's capacity to teach is seriously impaired by an illness or disability affecting their behaviour or competence as a teacher, the Board may do one or more of the following:

  • Impose conditions on the teacher's registration;
  • Suspend the teacher's registration for a specified period, or until the fulfilment of specified conditions, or until further order;
  • Cancel the teacher's registration with immediate effect or effect at a future specified date.

Right of appeal

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 the decision appealed against.