Employers (and former employers in some instances) of teachers or holders of a Special Authority to Teach are required to give written notice to the Board as soon as reasonably practicable and within 7 days of any of the following:
Employer Notification
If the employer dismisses (or accepts the resignation of a teacher) for one or more of the following reasons (section 37(1)):
- the teacher is a prohibited person (pursuant to the Child Safety (Prohibited Persons) Act 2016);
- a working with children check has not been conducted in relation to the teacher within the preceding 5 years;
- in response to an allegation of unprofessional conduct made against the teacher;
- incompetence (however described).
- Any other reason prescribed by regulations
If the employer becomes aware of any of the following in relation to the teacher (section 37(2)):
- that the teacher's capacity to teach is, or may be, seriously impaired by an illness or disability affecting the person's behaviour or competence as a teacher;
- that an allegation of unprofessional conduct is made against the teacher;
- the teacher is not, in the opinion of the employer, a fit and proper person to be a registered teacher.
- Any other reason prescribed by regulations
Former Employer Notification
If the former employer of a teacher becomes aware of any of the following in relation to the teacher within 12 months of the teacher’s cessation of employment (section 37(3)):
- that an allegation of unprofessional conduct is made against the teacher.
- any other matter of a kind prescribed by the regulations
A person who, without reasonable excuse, refuses or fails to comply with a requirement under this section is guilty of an offence and subject to a maximum penalty of $10 000.