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  NESA's 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 or information is required, when notified of an individual's conduct that does not adhere to these standards.

Revocation and suspension decisions

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

NESA can revoke, suspend, or impose conditions on 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 cancelled, ceased, or revoked.

Impact of suspension and revocation decisions

A person who has had their accreditation suspended, ceased, cancelled, or revoked by NESA cannot teach in any NSW:

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

Responsibilities of employers

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 Section D2.2 of the TA Manual.

Notifying NESA

When an employer of an accredited teacher in NSW, or agency such as NSW Police, an interstate teacher registration authority, or the Office of the Children’s Guardian (OCG) notifies NESA with relevant information about a teacher misconduct matter, NESA assesses the teacher’s suitability to teach.

Employers notify NESA of relevant matters by completing the Employer Notification form – Misconduct (PDF 316.17KB) and emailing it to TAnotifications@nesa.nsw.edu.au.

The Notifications and Reporting of Misconduct fact sheet (PDF 188.33KB) outlines what employers must report and the information that needs to be provided when notifying NESA about teacher misconduct.

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. Depending on the nature of the notification, NESA may seek further information from the notifying agency, the teacher, NSW Police or Courts, other government agencies, interstate teacher regulatory authorities, and other relevant bodies.
3. Where NESA decides that action is required, the teacher may receive notice of NESA's intention to revoke, suspend, or impose conditions on 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 of NESA's decision.

Other reasons for suspended or cancelled 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.

Related information

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