13. Suitability to Teach

This section applies to all applicants for accreditation and all accredited teachers in NSW for whom NESA is required to conduct a suitability to teach assessment. 

NESA may conduct a suitability assessment at the initial point of accreditation or re-accreditation and may reassess an accredited teacher’s suitability to teach if NESA is notified of a matter concerning the teacher’s conduct by an employer, former employer or other agency or person.  

13.1. Principles of teacher suitability

NESA is responsible for assessing whether members of the teaching profession in NSW are suitable to teach.

Teachers in NSW must maintain integrity and good professional standing in their conduct and reflect the standards that the community expects of teachers as representatives of the profession. Teachers are expected to conduct themselves with professionalism when working with students, children and other members of the education community, including other teachers and education sector staff, parents, and guardians.  

Decisions made by NESA in determining a person’s suitability are based on factual or medical findings in relation to a person’s conduct or health according to NESA’s criteria for assessing teacher suitability (see Section 13.5).  

13.2. Assessing teacher suitability

NESA may conduct an assessment of suitability to teach when a person applies for initial accreditation or re-accreditation, or as required (in line with Section 13.3).  

Applicants for initial accreditation or re-accreditation must declare any conduct, behaviour or criminal history that is likely to impact on their suitability to teach. Based on this declaration, NESA may request that an applicant provide additional information about:  

• their criminal history
• the status of their accreditation or registration to teach in any other jurisdiction, including any conduct matters or refusals to register or accredit the applicant
• any material findings of fact made in a court or tribunal in the course of a criminal or civil matter
• their medical history that may impact on their suitability to teach
• any disciplinary matters relating to misconduct of the kind that may result in revocation or suspension that occurred in previous or current employment; and
• any other information that NESA reasonably requires to assess their suitability to teach.

Applicants for teacher accreditation in NSW must provide informed consent as part of their accreditation application allowing NESA to request an applicant’s criminal history through the National Police Checking Service. Any relevant information obtained through this process may be used to assess an applicant’s suitability to teach. 

13.2.1. Applicants for accreditation who have resided overseas

A person who is applying for accreditation to teach in NSW who has been a resident of a country other than Australia for 12 consecutive months or more in the past five years may be required to provide an International Police Check or national police check from the country of that residence as part of their application.  

In circumstances where NESA is satisfied that it is not possible to obtain a relevant overseas criminal history check, an applicant may be required to provide NESA with a statutory declaration setting out their criminal or disciplinary history in the relevant jurisdiction(s) and attesting to their suitability to teach as part of their application. 

13.3. Ongoing suitability to teach

NESA has several reporting mechanisms where employers or other agencies may notify NESA when a teacher is subject to:

• criminal charges or convictions
• disciplinary actions undertaken by employers following allegations or findings of misconduct that may result in revocation or suspension
• other conduct or behavioural matters that may result in revocation or suspension; and/or  
• changes to the status of a teacher’s WWCC clearance.

NESA may conduct an assessment of an accredited teacher’s suitability to teach if:

• a person makes a complaint to NESA about the teacher that relates to the principles of teacher suitability set out in Section 13.1
• the teacher is the subject of disciplinary proceedings being undertaken by a school/service relating to misconduct of the kind that may result in revocation or suspension
• the teacher is the subject of criminal proceedings that, in NESA’s opinion, relate to an act or conduct that reflects adversely on a teacher’s professional standing or integrity or their suitability or competence to teach; and/or
• there are, or may be, grounds for revoking the teacher’s accreditation.  

When assessing a teacher’s suitability, NESA may request, in writing, that the teacher provide additional information under any of the categories at Section 13.2. 

13.4. Decisions about unsuitability to teach

NESA may, after carrying out an assessment, decide an individual is not suitable for teaching if:

• considering their criminal and disciplinary history, the individual is not in NESA’s opinion a suitable person to teach; or
• they fail to meet a standard in the professional teaching standards in relation their suitability to teach; or
• in NESA’s opinion, the individual is for another reason
  • not a fit and proper person to teach; or
  • unable to teach competently.

Where NESA determines that an applicant for initial accreditation or re-accreditation is unsuitable, NESA will:

• refuse to accredit/re-accredit the applicant
• record the decision to refuse the applicant’s accreditation/re-accreditation in their NESA online account (eTAMS); and
• notify the applicant of the decision in writing.

Where NESA determines that an accredited teacher is unsuitable to teach, NESA may:

• suspend the teacher’s accreditation and impose conditions on the teacher’s accreditation, as considered appropriate by NESA in the circumstances; or
• revoke or suspend the teacher’s accreditation, in line with Section 11. 

An individual may apply to NESA for an internal review of a revocation, suspension, or refusal to accredit decision based on an assessment that they are unsuitable to teach.¹ Information on how to apply to NESA for an internal review is published on the NESA website.

After the internal review is finalised, they may apply to have the decision reviewed by the NSW Civil and Administrative Tribunal. 

13.4.1. Disputing the content of a criminal history check

If a person believes there is incorrect information in their criminal history check they may follow the dispute process outlined in the Appendix. It is the responsibility of an applicant for accreditation or an accredited teacher to notify NESA if an amendment or correction has been made to their criminal history.

13.5. Criteria for assessing teacher suitability

13.5.1. Conduct and behaviour

NESA’s criteria for assessing teacher suitability are guided by the principle that the safety, welfare and wellbeing of children or young persons are paramount. When assessing suitability to teach, NESA considers the:

• nature of the conduct or behaviour
• seriousness of the conduct or behaviour
• frequency of the conduct or behaviour; and
• recency of the conduct or behaviour. 

13.5.2. Medical assessments

NESA may assess whether a person’s medical condition or impairment seriously adversely impacts, or is likely to seriously adversely impact, on their ability to uphold the requirements of professional teaching practice.  

NESA may, by written notice, require a person (within a reasonable timeframe) to undergo a health assessment at a reasonable place. This requirement may occur following relevant disclosures made in an application for accreditation or following a relevant notification to NESA related to a teacher’s medical suitability to teach.  

In carrying out an assessment of suitability on whether a person’s medical condition seriously adversely impacts on their suitability to teach NESA considers:

• the medical advice and professional opinion of a health professional or health professionals
• the principle that the safety, welfare and wellbeing of children or young persons is paramount  
• whether a person’s medical condition impacts on their ability to comply with the Standards
• whether the person is seeking and/or receiving treatment and whether the treatment impacts on their ability to practise as a teacher 
• whether the medical condition has adversely impacted on the person’s employment as a teacher in the past; and
• whether suitable conditions may be placed on a person’s teacher accreditation to address any impacts on their suitability to teach. 

13.6. Privacy and Data Information

Information obtained through the National Police Checking Service is used for the sole purpose of assessing a person’s/teacher’s suitability to teach and is securely disposed of in line with the requirements of the Australian Criminal Intelligence Commission. Additional information about NESA’s storage and use of police information is provided in the Appendix.  

_{1. Under the Administrative Decisions Review Act 1997, S53.}