D1. Assessing teacher suitability

D1 details how NESA conducts suitability to teach assessments of applicants for accreditation or re-accreditation and accredited teachers.

• D1.1 describes the principles that guide NESA’s approach to teacher suitability.
• D1.2 describes when NESA assesses applicants for teacher accreditation for suitability.
• D1.3 describes when NESA assesses teacher suitability.
• D1.4 describes NESA’s decisions about suitability.

D1.1 Guiding principles

D1.1.1 NESA’s approach ensures teachers maintain professional teaching standards

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

Teachers must:

• maintain integrity and good professional standing in their conduct
• reflect the standards that the community expects of teaching professionals.

Teachers are expected to conduct themselves professionally when working with:

• students and children
• other teachers, education sector staff and members of the education community
• parents and guardians/carers.

When NESA makes decisions about suitability, it considers:

• the factual evidence about a person’s conduct, including its nature, seriousness, frequency and recency
• whether the person is a fit and proper person to teach, and
• relevant medical findings about a person’s health.

D1.2 Applicants for accreditation or re-accreditation

D1.2.1 NESA assesses suitability when teachers apply for accreditation

NESA assesses a person’s suitability to teach when they apply for:

• initial accreditation see also section A2.
• re-accreditation see also section C2.

Making a declaration

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.

D1.3 Accredited teachers

D1.3.1 NESA assesses ongoing teacher suitability if notified of grounds for concern

NESA will assess or reassess an accredited teacher’s suitability to teach when it receives a relevant notification or a complaint about a teacher’s conduct from an employer, former employer, other agency or person.

Mandatory reporting to NESA

Employers must notify NESA when they are aware of any information that may be relevant to any of the grounds for revocation or suspension of accreditation under the TA Act. This includes when:

• they have information that a teacher is charged or convicted of a criminal offence
• the employer commences or finalises disciplinary proceedings against a teacher who is alleged or found to have engaged in misconduct that could be grounds for suspending or revoking accreditation (see D2)
• the employer accepts the resignation of a teacher prior to taking a disciplinary action that could lead to the termination of the teacher’s employment resulting from conduct likely to impact on the teacher’s accreditation
• the teacher has been placed 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 teacher’s accreditation.
• a teacher is the subject of other conduct or behavioural matters that could be grounds for suspending or revoking accreditation (see D2).

Disciplinary proceedings include those actions that cause the teacher to be suspended from employment or placed on alternate duties outside of a classroom/service environment on the basis of a serious risk to children/young people or colleagues while an investigation occurs.

Assessing teacher suitability

NESA will assess or reassess a teacher’s suitability to teach if:

• it receives a notification about the teacher that relates to the principles of teacher suitability set out in D1.1
• a school/service or employer takes disciplinary action against the teacher related to misconduct that could be grounds for suspending or revoking accreditation
• the teacher is the subject of criminal proceedings that NESA believes relate to conduct that reflects adversely on a teacher’s professional standing or integrity or suitability or competence to teach
• there are, or might be, grounds for revoking the teacher’s accreditation.

When assessing a teacher’s suitability, NESA may write to the teacher to request extra information about any of the declaration items listed at D1.2.1.

D1.3.2 NESA can assess teacher suitability for medical reasons

NESA may assess a person’s suitability to teach when it receives information about a teacher’s health that might impact on their suitability to teach, including:

• disclosures in a teacher’s accreditation application about their medical history
• a notification from an employer, former employer, other agency or person about a teacher’s medical condition.

Undergoing a health assessment

If NESA has concerns that the person’s medical condition or impairment has, or might have, a serious adverse impact on their ability to uphold the requirements of professional teaching practice, it can require the teacher to undergo a health assessment.

When NESA decides a health assessment is required, it will write to the teacher to advise that an assessment needs to occur:

• within a reasonable timeframe, and
• at a reasonable place.

Considering the evidence

When NESA assesses whether a person’s medical condition has a serious adverse impact on their suitability to teach, it considers:

• the medical advice and professional opinion of a health professional(s)
• whether a person’s medical condition impacts on their ability to comply with the professional teaching standards or 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 had an adverse impact on the person’s employment as a teacher in the past
• whether conditions can be placed on the teacher’s accreditation to allow them to address the adverse impacts.

D1.4 NESA's decisions

D1.4.1 NESA will make its decision based on the evidence

After completing its assessment, NESA may decide a person is not suitable to teach for one of the following reasons:

• having considered their criminal and disciplinary history, it is NESA’s opinion that the individual is not a suitable person to teach
• the person has failed to meet one of the professional teaching standards in relation their suitability to teach
• in NESA’s opinion, the individual is not a fit and proper person to teach for another reason
• in NESA’s opinion, the person is unable to teach competently.

D1.4.2 NESA will refuse, suspend or revoke accreditation of unsuitable teachers

Applicants for initial accreditation or re-accreditation

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

• refuse to accredit or re-accredit them
• record the decision in eTAMS, and
• notify the applicant in writing.

Accredited teachers

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

• suspend the teacher’s accreditation and impose conditions (if appropriate), or
• suspend or revoke the teacher’s accreditation, in line with D2.

D1.4.3 Teachers can apply for a review

A person can apply to NESA for an internal review if NESA decides to:

• suspend their accreditation
• revoke their accreditation
• refuse to accredit them.

Full details of how to apply are on NESA’s website.

After the internal review is finalised, the applicant may apply to the NSW Civil and Administrative Tribunal for a review.

Disputing a criminal history check

If a person believes there is incorrect information in their criminal history check, they can follow the dispute process outlined in E3.1.5.

Teachers are responsible for notifying NESA if their criminal history has been changed or corrected.