11. Revocation and Suspension of Accreditation

This section applies to all accredited teachers in NSW (including teachers with Non-practising accreditation and teachers on an approved Leave of Absence from accreditation) where grounds for revocation or suspension of their accreditation arise. 

11.1. Revocation and suspension of teacher accreditation  

A teacher’s accreditation at any level may be revoked or suspended by NESA, including accredited Non-practising teachers. 

A teacher whose Provisional or Proficient Teacher accreditation is revoked or suspended does not revert to a prior level of accreditation. A teacher whose voluntary accreditation at HALT is revoked or suspended may retain Proficient Teacher accreditation.

A teacher whose accreditation is revoked or suspended is not eligible for employment as a teacher, and must not teach in a school/service (except in circumstances where a teacher’s HALT accreditation is revoked or suspended, and they retain Proficient Teacher accreditation). A teacher who is required to be accredited may be suspended from employment as a teacher by their employer during any period in which the teacher’s accreditation is suspended. A teacher may be terminated from employment by their employer if the teacher’s accreditation is revoked.  

11.2. Grounds for revocation 

NESA may revoke the accreditation of a teacher where:

• NESA is satisfied the teacher is a disqualified person within the meaning of the Child Protection (Working with Children) Act 2012 (i.e. the teacher does not hold a current WWCC clearance for paid employment authorising them to engage in child-related work)
• the teacher is found guilty of an offence punishable by imprisonment of twelve months or more
• the teacher has been found guilty of an offence under the TA Act
• the teacher is found guilty more than once during the period of five years immediately before the revocation of any other type of offence that, in the opinion of NESA, involves an act or conduct that is of a nature that would reflect adversely on a teacher’s professional standing or integrity or suitability or competence to teach
• the teacher has been dismissed from employment as a teacher (whether on a permanent, temporary, part-time or casual basis) or has resigned from such employment before being dismissed, because of misconduct that, in NESA’s opinion, is of a nature that would reflect adversely on a teacher’s professional standing, integrity, suitability or competence to teach
• the teacher has been included in the list of people maintained by the Secretary, NSW Department of Education¹ as a person who is not to be employed in the Teaching Service (the ‘Not To Be Employed’ list), because of misconduct that, in NESA’s opinion, is of a nature that would reflect adversely on a teacher’s professional standing, integrity, suitability or competence to teach
• NESA is satisfied the teacher has failed to comply with any condition to which the teacher’s accreditation is subject
• NESA is satisfied the teacher has failed to comply with any of the requirements of the professional teaching standards that apply to the teacher; and/or
• NESA has made an assessment the teacher is not suitable to teach.

11.3. Grounds for suspension

NESA may suspend the accreditation of a teacher:

• on any of the grounds for which a teacher may have their accreditation revoked (see Section 11.2)
• if disciplinary proceedings are pending in relation to alleged misconduct; or
• if proceedings against the teacher for an offence are pending and, were the teacher to be found guilty of the offence, there would be grounds for NESA to revoke the teacher’s accreditation.

A teacher’s accreditation is not in force for any period during which it is suspended. 

11.4. Notification of matters to NESA

An employer of an accredited teacher who has, or is aware of, any information that is or may be relevant to any of the grounds for revocation or suspension of accreditation under the TA Act, must notify NESA.

Relevant information includes information relating to:

• a teacher being found guilty of criminal charges punishable by imprisonment for 12 months or more
• a teacher being found guilty, more than once during a five-year period, of any type of offence that may involve an act or conduct that is of a nature that would reflect adversely on a teacher’s professional standing or integrity or suitability or competence to teach and being dismissed for those offences; or
• disciplinary proceedings into teacher misconduct undertaken by an employer that are likely to impact on a revocation or suspension decision that NESA may make in relation to the teacher’s accreditation. 

An employer who makes a ‘relevant decision’ in relation to a teacher must notify NESA of the decision and provide NESA with all information that is or may be relevant to the decision.  

A ‘relevant decision’ in relation to a teacher’s conduct is a decision: 

• to commence disciplinary proceedings against a teacher in relation to alleged misconduct where disciplinary proceedings are those actions that cause the teacher to be suspended from employment or placed on alternate duties outside of a classroom environment on the basis of a serious risk to students or colleagues while an investigation occurs
• to accept the resignation of a teacher prior to taking final disciplinary action that could lead to the termination of the teacher’s employment and was conduct likely to impact on the revocation of a teacher’s accreditation
• to dismiss the teacher from employment as a teacher for any reason for which a teacher’s accreditation may be revoked (see Section 11.2); or
• to include the teacher on the NSW Department of Education’s ‘Not To Be Employed’ list for misconduct, allegations of misconduct or unsatisfactory performance resulting in disciplinary action and was conduct likely to impact on the revocation of a teacher’s accreditation. 

A ‘relevant decision’ in relation to a teacher’s performance is a decision:

• to dismiss or place employment conditions on a teacher because of the teacher's failure to demonstrate that their teaching practice continues to meet the applicable Standards
• to accept the resignation of a teacher prior to the substantial completion of a performance process and/or taking disciplinary action that could lead to the termination of the teacher’s employment for failing to demonstrate that their teaching practice continues to meet the applicable Standards.

In most cases, a ‘relevant decision’ coincides with a decision by an employer to remove a teacher from their teaching position. This includes a decision about a teacher’s failure to:

• demonstrate that their teaching practice continues to meet the Standards at any time during their maintenance period; and/or
• complete the maintenance of accreditation requirements by the end of their maintenance period, in line with Section 5 or Section 7, as applicable.

Matters related solely to a specific ethos of a school or early childhood employer are not considered grounds for revocation or suspension of accreditation under the TA Act and, therefore, do not require notification to NESA.

Any other disciplinary or conduct decision or action undertaken by an employer that does not satisfy the definition of a ‘relevant decision’ does not require notification to NESA.  

Notification of a relevant matter must be made by email to TAnotifications@nesa.nsw.edu.au.  

NESA must be notified when a teacher has failed to meet a condition of accreditation. 

11.5. Evidence to accompany notification to NESA

11.5.1. Matters relating to failure to maintain the teaching standards

Where the matter relates to a teacher’s failure to maintain their practice at the relevant level of the Standards, notifications must include, in line with Section 5.3 or Section 7.2.2, as applicable:

• reasons for the decision that the teacher fails to meet the Standards
• evidence of the teacher's failure to demonstrate that their teaching practice continues to meet the applicable Standards/Standard Descriptors at any time during their maintenance period
• evidence that the teacher has been given written notice and 28 days to respond to the principal’s/service director’s or employer’s judgement that they have failed to maintain their practice at the Standards, including any response received from the teacher; and
• evidence that the teacher has been provided with appropriate and timely support and advice about maintaining practice at the Standards, in line with the employer’s internal procedures for maintenance of accreditation.

All notifications must align with the employer’s internal procedures in line with Section 14.6.

11.5.2. Matters relating to misconduct

Where the matter relates to misconduct that may result in revocation or suspension, notifications must be accompanied by information relevant to the disciplinary proceedings and/or the termination of employment of a teacher. Relevant information may include, but is not limited to:

• full investigation report(s)
• formal correspondence between the employer and the teacher (e.g., a letter of termination, letter of allegations, letter of findings and response letters from a teacher or their representative(s) [if applicable])
• any primary evidence relied upon in an investigation (e.g., interview transcripts, copies of personal messages, images); and/or 

All information shared with NESA for the purposes of NESA exercising its authority for making revocation and suspension of accreditation decisions is protected from public disclosure as there is an overriding public interest against its disclosure.²

11.6. Criteria for revocation and suspension of accreditation

NESA’s criteria for making decisions about revocation and suspension of teachers’ accreditation are guided by the principle that the safety, welfare and wellbeing of children or young persons are paramount.

When assessing a professional conduct matter, NESA considers:

• the nature of the conduct
• the seriousness of the conduct  
• the frequency of the conduct
• the recency of the conduct; and  
• any other matter required to be taken into account by the professional teaching standards.  

When assessing a matter in relation to failing to maintain accreditation, NESA also considers evidence of the teacher’s professional teaching practice in relation to the professional teaching standards.  

11.7. Conditions on a teacher’s accreditation

Conditions on a teacher’s accreditation may be imposed, amended or removed by NESA. Examples of conditions include but are not limited to:

• successfully completing a relevant PD course
• undertaking a program or being provided with guidance to ensure the teacher’s practice meets the Standards; and/or
• placing a specific time period on a teacher’s suspension to enable them to address the issue(s) that led to their suspension. 

11.8. Revoking or suspending a teacher’s accreditation

11.8.1. Revoking or suspending a teacher’s accreditation under mutual recognition laws

The NSW accreditation of a teacher may be revoked or suspended by NESA if their interstate or New Zealand registration to teach is cancelled, revoked or suspended.

Under clause 33 of the Schedule to the Mutual Recognition Act 1992, if a person’s teacher registration in another State is cancelled, suspended, subject to a condition on disciplinary grounds, or as a result of or in anticipation of criminal, civil or disciplinary proceedings, then the person’s teacher accreditation in NSW may be affected in the same way.

Similar provisions apply under clause 32 of the Schedule in the Trans-Tasman Mutual Recognition Act 1997 in relation to New Zealand.

NESA may reinstate any cancelled or suspended registration or waive any such condition if appropriate, after considering the circumstances. 

11.8.2. Revoking or suspending a teacher’s accreditation for failing to have a WWCC clearance

A teacher who does not hold a WWCC clearance for paid employment cannot continue to be accredited.  A teacher’s accreditation will be suspended if:

• they fail to renew their clearance and provide updated details to NESA before their current WWCC expires (i.e. the teacher’s WWCC clearance expires)
• the OCG cancels or closes a teacher’s clearance; or
• the OCG places an interim bar on a teacher working in a child-related role.

A teacher’s accreditation will be revoked if the OCG bars them from working in paid or volunteer roles with children. 

11.9. Notice of intention to revoke or suspend a teacher’s accreditation

NESA must provide a teacher with 14 days’ written notice³ of an intention to revoke or suspend their accreditation. The notification includes the reasons for intending to revoke or suspend the teacher’s accreditation and advice that the teacher may make a submission to NESA about the intention to revoke or suspend their accreditation within 14 days.⁴

The 14-day notice period does not apply in cases where a teacher’s WWCC has expired, or been cancelled or closed by the OCG, or is subject to a bar or interim bar.

NESA also advises the OCG that the teacher has been provided with written notice of a decision to revoke or suspend their teacher accreditation and the date the teacher’s revocation or suspension of accreditation takes effect. 

11.10. Notice of revocation or suspension decisions

After 14 days,⁵ any responses or submissions made by the teacher, or their representative(s) are considered by NESA with reference to the criteria for revocation and suspension (see Section 11.6).

NESA informs the teacher of the final decision in writing, including:

• the reason(s) for the decision; and
• the teacher’s options for requesting an internal review, if the decision is to revoke or suspend their accreditation.

In the case of a decision to suspend, a teacher is provided with advice that their suspension will be reviewed at least every three months.  

11.11. Three-monthly reviews of suspension decisions

NESA must review the suspension of a teacher’s accreditation at least every three months. Teachers are responsible for providing NESA with any relevant information that may affect a decision about the suspension of their accreditation.

NESA must remove the suspension of a teacher’s accreditation:

a) if the suspension was imposed because of pending disciplinary proceedings and those proceedings have been finalised with no finding that the teacher has engaged in misconduct

b) if the suspension was imposed because of pending proceedings for an offence and the teacher has been found not guilty of the offence or the proceedings have been withdrawn or dismissed; or

c) if the suspension was imposed because of (a) or (b) above and the teacher has been found to have engaged in misconduct in the relevant disciplinary proceedings, or a finding of guilt for an offence has been made against the teacher in the relevant proceedings for an offence, but NESA has not taken action to revoke the accreditation of the teacher within a reasonable period having regard to the circumstances of the case. 

A suspension may also be removed if the grounds on which the teacher’s accreditation was suspended no longer apply. For example, the teacher:

• meets the condition(s) placed on their accreditation  
• provides NESA with a current WWCC clearance for paid employment
• pays their outstanding fees
• completes their PD requirements
• declares that they have met their PD requirements
• provides their PD log.

A teacher whose suspension is removed is notified in writing of NESA’s decision. The teacher’s accreditation timeframe is adjusted accordingly and their prior accreditation status is returned. 

11.11.1. Decisions about revocation following suspension

NESA may decide to revoke a teacher’s accreditation following a decision to suspend their accreditation, where:

• the teacher has been found to have engaged in misconduct in the relevant disciplinary proceedings relating to the grounds for which their accreditation was suspended
• the teacher is found guilty of an offence in the relevant proceedings relating to the grounds for which their accreditation was suspended; or
• the teacher’s accreditation has been suspended for twelve or more months for failure to:
  • provide NESA with a current WWCC clearance
  • pay their outstanding annual fee
  • complete their PD requirements
  • declare that they have met their PD requirements; or
  • provide their PD log.

A teacher may apply to NESA for an internal review of a decision to revoke or suspend their accreditation within 28 days of being notified.⁶  Information on how to apply to NESA for an internal review is published on the NESA website. After the internal review is finalised, the teacher may apply to have the decision reviewed by the NSW Civil and Administrative Tribunal. 

11.12. Notifying relevant bodies about the revocation and suspension of NSW teachers

NESA shares information about a teacher’s accreditation status with other teacher regulatory authorities, schools, early childhood employers or the OCG.⁷

NESA may provide other teacher regulatory authorities with details of NSW teachers whose accreditation has been revoked or suspended. These details include the teacher’s name, date of birth and the details of any decision by NESA to revoke or suspend their accreditation.

Employers must check the status of any teacher they currently employ or intend to employ in eTAMS. 

_{1. Under the Teaching Service Act 1980 S7(1)(e).} 

_{2. Information relating to the disclosure of information held by NESA is subject to the Privacy and Personal Information Protection Act (NSW) (PPIP Act) and the Government Information (Public Access) Act 2009 (GIPA Act). The GIPA Act requires NESA to publish a record of the information not released. This is published on the Open access to information at NESA page of the NESA website.}  

_{3. The 14-day written notice period includes school holidays and employer shutdown periods.}  

_{4. Refer to footnote 3 on this page.}

_{5. Refer to footnote 3 on this page.} 

_{6. Under the Administrative Decisions Review Act 1997, S53.} 

_{7. Under the TA Act, S18(3).}