Teacher suitability

Understanding professional conduct

Professional conduct for teachers refers to the ethical and behavioural standards they must uphold in their role. It involves:

• adhering to the NESA Principles of Suitability
• maintaining integrity in their conduct and reflecting the standards that the community expects of teachers holding a unique position of care and trust with children and young persons
• always observing the limits and boundaries of their relationships with children or young persons
• creating a safe and inclusive learning environment
• meeting the Australian Professional Standards for Teachers.

NESA will assess if further action is required, when notified of an individual's conduct that does not adhere to these standards.

Revocation and suspension decisions

NESA's criteria for revocation and suspension of teachers’ accreditation are guided by the principle that the safety, welfare and wellbeing of children or young people is paramount.

NESA can revoke or suspend a teacher’s accreditation if the teacher:

• is a disqualified person under the Child Protection (Working with Children) Act 2012
• is found guilty of:
  • an offence punishable by imprisonment of 12 months or more
  • more than 1 offence in the 5 years immediately before the revocation of any other offence involving an act or conduct that would reflect adversely on a teacher’s professional standing, integrity, competence or suitability to teach
• is dismissed from employment (permanent, temporary, part time or casual) or resigns before being dismissed
• is included on the NSW Department of Education’s ‘Not to Be Employed’ List under the Teaching Service Act 1980for misconduct that would reflect adversely on a teacher’s professional standing or integrity or suitability or competence to teach
• has failed to comply with any accreditation condition and any requirements of the professional teaching standards
• has not met any of their accreditation requirements
• is assessed as unsuitable to teach.

Teachers are eligible to apply for re-accreditation to teach in NSW if their accreditation is revoked.

Impact of suspension and revocation decisions

If NESA suspends or revokes a teacher's accreditation, they cannot teach in any NSW:

• registered school
• approved centre-based early childhood service.

Responsibilities of principals, service directors and employers

Principals, service directors and employers must notify NESA of any information that may be relevant to grounds for suspension or revocation of a teacher's accreditation.

This can include:

• the dismissal of a teacher or acceptance of a teacher’s resignation prior to dismissal
• the person being a disqualified person under the Child Protection (Working with Children) Act 2012
• an allegation of unprofessional conduct made against the teacher
• failure of the teacher to comply with any of the requirements of the Standards
• the teacher not being a fit and proper person to be an accredited teacher
• the teacher being charged with or convicted of a criminal offence under the law of New South Wales or elsewhere
• the person being found guilty of an offence punishable by imprisonment for 12 months or more
• any other reason prescribed in the Teacher Accreditation Act (TA Act).

Matters that only relate to a specific school, service or employer's ethos are not considered grounds for revocation or suspension under the TA Act. These matters do not require notification to NESA.

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

Notify NESA of a relevant matter by email at TAnotifications@nesa.nsw.edu.au.

How NESA manages notifications

1. NESA is notified of misconduct or a breach of professional or accreditation requirements by:
   • an employer
   • the NSW Office of the Children’s Guardian (OCG)
   • any other relevant person or agency.
2. NESA reviews the evidence relevant to the notification to determine if any further action is required.
3. Where NESA decides that action is required, the teacher may receive notice of NESA's intention to revoke or suspend their accreditation.
4. The teacher has 14 days to submit a response in writing to NESA before the final decision. The 14-day notice period does not apply in cases where a teacher’s WWCC has expired or the Office of Children’s Guardian:
   • has cancelled or closed the teacher’s WWCC, or
   • places a bar or interim bar on the teacher’s WWCC status.
5. NESA notifies the teacher of its decision and the teacher's rights and responsibilities to respond to the notification.
6. The teacher may request an internal review.

Other reasons for suspended or revoked accreditation

Teachers can have their accreditation suspended or revoked for other reasons including:

• failure to meet the requirements of the Standards
• failure to meet the accreditation requirements
• not having a valid Working With Children Check
• failure to pay the annual accreditation fees
• failure to comply with suitability to teach requirements.

Related information

• Suitability to teach
• NSW Teacher Accreditation Manual
• Manage your accreditation
• Employers
• Working With Children Check