Disciplinary and impairment matters
Disciplinary and impairment matters
The Board’s paramount consideration in dealing with disciplinary and impairment matters is the best interests of children. The Teacher Registration Act 2012 requires that only fit and proper people are registered as teachers, and places obligations on teachers, employers and certain other parties.
Notifications required by the Teacher Registration Act 2012
Notifications are received about registered teachers from employers, teachers, the Commissioner of Police and Director of Public Prosecutions (DPP) or from members of the public.
In 2017–18, the Board received 69 notifications relating to 64 matters which included five notifications from multiple sources relating to the same matter.
Table 4: Notifications received by the Board by requirements 2016–17 to 2017–18
|Section 38 – Legal actions||2||4|
|Section 39 – Loss of qualifications||0||0|
|Section 40 – Issued Working With Children Negative Notice||0||0|
|From DPP/Police – Section 41||4||4|
|Section 42 – Serious incompetence||15||6|
|Section 42 – Serious misconduct||39||41|
|From the Public/Other||11||14|
The outcomes of the 64 matters are reflected in the following table.
Table 5: Outcomes of notifications 2017–18
|Registration Cancelled – Section 27(2)(b)||4|
|Complaint not required – Section 45(e)||26|
|Still to be decided – Section 51(3)(a)||7|
|Section 53(1)(c) – Disciplinary Committee||0|
|Section 53(1)(d) – Impairment Committee||1|
|Section 53(1)(e) – State Administrative Tribunal||1|
|Investigations continuing – Section 53(2)||19|
|No further action|
|Section 57(1)(a) – other authority||0|
|Section 57(1)(b) – not within power||6|
|Section 57(1)(c) – without substance||0|
Four of the notifications resulted in cancellation of registration.
Board consideration of the notifications resulted in the formulation of a complaint and subsequent investigation in 27 matters. The Board considered it was not necessary to formulate complaints in relation to 26 matters.
On completion of relevant investigations, one matter was referred to the Impairment Review Committee and one matter to the State Administrative Tribunal (SAT).
There are 19 matters still subject of investigation by the Board and seven matters yet to be considered.
Interim disciplinary orders
Table 6: Matters referred to the Interim Disciplinary Order Committee 2017–18
|Interim disciplinary orders||Considered||Made|
|Section 59 – an activity that involves a risk of imminent injury or harm||4||2|
|Section 60 – charged with child sexual offence||4||4|
The Board must refer all matters for which an interim disciplinary order has been made to the SAT within 14 days unless the order is revoked. Two matters were referred to the SAT and four were revoked as the teachers concerned were no longer entitled to be registered.
Matters carried over from previous reporting periods
In 2017–18, the Board continued to progress the 37 matters that were ongoing at the end of the 2016–17 reporting period. The registration of one teacher was cancelled. One matter was referred to a Disciplinary Committee and was still under consideration at the end of this reporting period.
The Board determined that in seven matters cancellation of registration was appropriate and to date three have been referred to the SAT. Of these, one matter was finalised with orders to cancel registration and to disqualify the teacher from reapplying for three years; one matter resulted in a teacher being disqualified from applying for registration for two years; and one matter was finalised with orders to cancel registration. The remaining four matters were prepared for application to the SAT.
Following consideration of the remaining 28 matters, the Board decided that no further action was required.
A number of matters carried over from previous reporting periods was also dealt with during 2017–18. One matter was referred to a Disciplinary Committee and resulted in a finding of serious incompetence, one matter was referred back to the Board for further investigation and another matter was still under consideration at 30 June 2018.
One matter referred to the SAT was discontinued; one matter was no longer considered a disciplinary matter in light of new information; and a final matter was reconsidered by the Board and subsequently referred to a Disciplinary Committee for decision.