Skip to Content
 
Print

Employer's Obligation to Report

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 employer 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.

Prescribed Information

The Board requires the following information from employers when making a notification of the above kind (section 37(4)(c)):

  • the name, address and teacher registration number of the teacher; and
  • the name and address of the school or other place at which the teacher is (or was at the relevant time) employed; and
  • the names and addresses of all persons who the employer believes may be able to give material evidence relevant to the notification being made; and
  • provide details describing the circumstances leading to the notification being made; and
  • the employment status of the teacher; and
  • if the teacher has separated from employment or been suspended from teaching, a copy of the letter of dismissal/resignation and/or the letter of teacher suspension; and
  • the status of any investigation and/or disciplinary process

Form

Employer's Obligation to Report