Suitability to teach
NESA is responsible for assessing a person's suitability to teach. We may refuse, suspend or revoke accreditation if we consider a person is unsuitable to teach. Learn how we assess teacher suitability in NSW.
Assessing a person's suitability to teach
The NSW Education Standards Authority (NESA) assesses the suitability of applicants for initial and re-accreditation. We may also assess the suitability of an accredited teacher if we are notified of relevant information.
NESA conducts suitability to teach assessments on a case-by-case basis. We look at each individual's circumstances. Our assessment is guided by:
- the Teacher Accreditation Act 2004 (the TA Act)
- the NSW Teacher Accreditation Manual (the TA Manual)
- NESA’s Principles of suitability
- the Australian Professional Standards for Teachers (APST).
All decisions regarding teacher accreditation apply the principle that the safety, welfare and wellbeing of children and young persons is paramount.
A person we assess as ‘unsuitable to teach’ may have their:
- application for accreditation refused, or
- accreditation suspended or revoked.
Principles of suitability
When NESA makes suitability assessments and subsequent decisions regarding teacher accreditation, NESA will always apply the principle that the safety, welfare and wellbeing of children and young persons is paramount.
When conducting suitability assessments for teacher accreditation, NESA considers any relevant information and disclosures an applicant makes that may affect their suitability. All suitability assessments conducted by NESA will adhere to the principles of procedural fairness and natural justice.
Teachers in NSW are expected to uphold and comply with all relevant legislative requirements related to the safety and protection of children and young persons. This includes their responsibility as mandatory reporters and the need to maintain confidentiality in aspects of their professional duties.
Teachers must maintain integrity in their conduct and reflect the standards that the community expects of teachers. Teachers are expected to conduct themselves with professionalism and integrity when interacting with students/children, young persons, colleagues, parents/carers, and other members of the community.
Teachers hold a unique position of care and trust with children and young persons. This unique position must be exercised in a professional manner. Teachers must always observe the limits and boundaries of their relationships with children or young persons at all times.
Teachers recognise that their conduct impacts their professional standing. They should strive to always uphold professional accountability.
How teacher suitability is assessed
The TA Act and TA Manual govern how NESA assesses a person’s suitability to teach.
We assess relevant prior conduct and behaviour of applicants seeking initial accreditation and re-accreditation.
We consider information from the applicant, employers, teacher regulatory bodies in other jurisdictions and other agencies such as the Office of the Children’s Guardian.
We may also assess the suitability of an accredited teacher if we are notified of relevant information.
When assessing suitability to teach we consider the conduct or behaviour and its:
- nature
- seriousness
- frequency
- recency.
Prior misconduct or criminal history
Initial accreditation and re-accreditation applicants should declare any prior misconduct or convictions. We will assess declared information on a case-by-case basis.
NESA may:
- initiate a nationally coordinated criminal history check or request an overseas criminal history check when assessing an application
- refuse an application for accreditation if we deem a person unsuitable to teach based on their prior conduct or behaviour
- assess the suitability of an accredited teacher when an employer or other agency notifies us about their conduct
- suspend, revoke or refuse accreditation if we deem a teacher/applicant unsuitable to teach.
A prior disciplinary matter or a criminal conviction does not mean you will be automatically assessed as unsuitable to teach.
Criminal history checks
You must consent to a nationally coordinated criminal history check when applying for initial accreditation or re-accreditation.
You will be prompted to do this in your NESA online account (eTAMS) during the application process.
We request criminal history checks via the National Police Checking Service, operated by the Australian Criminal Intelligence Commission (ACIC).
NESA is advised by the Office of the Children’s Guardian (OCG), where an applicant has no criminal history. We initiate a criminal history check for first time accreditation applicants or re-accreditation applicants, when we do not receive this advice from the OCG.
Information requests to NESA to access criminal history check information can be granted only if the check was performed through NESA.
Informed consent to a criminal history check means you understand and agree to:
- a criminal history check being conducted
- the purpose of the criminal history check, in this case for NSW teacher accreditation
- provide the correct personal information
- how your information may be collected, used, and disclosed.
Ninety-five per cent of criminal history check applications are processed within 10 business days.
Some applications may need more information or investigation. We will let you know if more information is needed.
NESA will notify you if your criminal history check returns a Disclosable Court Outcome.
We will provide you with details of the information we received. If you believe the information is incorrect, you may dispute the contents of the criminal history check.
If you wish to dispute your result, please email your information with 'Criminal history check dispute' in the subject line to TAnotifications@nesa.nsw.edu.au.
A NESA officer will contact you. We will lodge the dispute in a national database for further investigation. The police or agencies responsible will investigate and determine an appropriate outcome. They may request further information from you to support their investigation.
We will then notify you of 1 of the following outcomes:
- successful - your criminal history check result will be amended
- unsuccessful - your result will remain the same, but you may appeal this outcome and provide additional documentation to support the challenge.
You can email us if you want to:
- access your criminal history check result if the check was performed by NESA
- correct inaccurate personal information you have provided for the criminal history check.
Email NESA with the subject line 'Criminal history information request' to TAnotifications@nesa.nsw.edu.au.
If you are applying for initial accreditation or re-accreditation and have lived outside Australia for 12 or more consecutive months in the past 5 years, you will need to provide either:
- an International Police Check
- a national police check from a specific country or countries.
The national police check from a specific country or countries must meet the requirements as outlined by the Department of Home Affairs.
The police check must be recent and cover the entire period you resided in the country(ies) before your arrival in Australia. It must include any previous names you held during this period.
You will need a NAATI-accredited translation of your police check documents and your original certified documents, if your original police checks are not in English.
If applying for initial accreditation you can upload your overseas criminal history check(s) to your NESA online account (eTAMS).
If applying for re-accreditation submit it with your documents.
Where it is not possible to get a relevant overseas criminal history check, you need to provide a statutory declaration. The declaration must:
- set out any criminal or disciplinary history in the relevant jurisdictions
- attest to your suitability to teach.
Statutory declaration forms are available from Service NSW or any Australia Post office.
Health assessments
NESA may assess whether someone’s medical condition or impairment seriously adversely impacts or is likely to impact their ability to uphold the requirements of professional teaching practice.
We may require a person to undergo a health assessment:
- at a reasonable place
- within a reasonable timeframe.
Mental health assessment criteria are outlined in Section 13.5.2 of the TA Manual.
Reviews of decisions
A teacher may request an internal review of any NESA decision:
- to refuse their accreditation
- to revoke or suspend their accreditation
- that assesses them as unsuitable to teach.
Further advice for prospective teachers
If you are considering applying for accreditation to teach, or completing a teaching qualification, and wish to discuss your individual circumstances that may impact on your suitability to teach in further detail, you can contact the Teacher Policy and Professional Conduct directorate.
Email the team at TAnotifications@nesa.nsw.edu.au.
Notifying NESA about a teacher's conduct
Employers are required to notify NESA when:
- they make relevant decisions regarding teachers in their employment, or
- if they are aware of relevant information that may be grounds for suspension or revocation under the TA Act.
Employers are required to disclose the details of all relevant decisions to us, so that NESA can assess a teacher’s ongoing accreditation.
Information on when to disclose, what to disclose and evidence to provide is outlined in Sections 11.4 and 11.5 of the TA Manual.
How to notify NESA
Notifications and relevant information should be sent to TAnotifications@nesa.nsw.edu.au.
Initial notifications should include the teacher’s name and the nature of the conduct or alleged conduct.
Parents, carers, and other members of the public should report any concerns they have regarding the professional and/or personal conduct of a NSW teacher to the teacher’s employer. The employer may investigate or notify relevant agencies.
How we protect your information
Information provided to NESA for the purpose of making decisions about a teacher’s accreditation is:
- restricted information stored securely and accessible only by relevant members of NESA
- included in NESA’s record of information not to be disclosed.