D2. Suspending, cancelling or revoking accreditation

D2 details NESA’s authority to suspend, cancel, and revoke accreditation for teachers. 

• D2.1 describes the grounds for suspension, cancellation, and revocation of accreditation.
• D2.2 details how schools and early childhood employers need to notify NESA about issues that might result in a teacher’s accreditation being suspended or revoked.  
• D2.3 explains how NESA makes its decisions about suspension and revocation and the consequences for teachers. 

D2.1 Grounds for suspension, cancellation, and revocation

D2.1.1 NESA can revoke a teacher’s accreditation

NESA can revoke a teacher’s accreditation at any level, including:

• teachers with Non-practising teacher accreditation
• teachers on Leave of Absence from accreditation.

NESA may revoke a teacher’s accreditation if any grounds for revocation apply:

D2.1.2 NESA may cancel a teacher’s accreditation

NESA can cancel a teacher’s accreditation if they fail to meet the conditions/requirements of their accreditation. The cancellation of a teacher’s accreditation has the effect of revoking their accreditation.

D2.1.3 NESA can suspend a teacher’s accreditation

NESA can suspend a teacher’s accreditation at any level, including:

• teachers with Non-practising teacher accreditation
• teachers on Leave of Absence from accreditation.

NESA can suspend a teacher’s accreditation:

• on any of the grounds for which accreditation can be revoked (see D2.1.1)
• if disciplinary proceedings are pending in relation to alleged misconduct
• if proceedings are pending against the teacher for an offence that would be grounds for NESA to revoke accreditation, should they be found guilty.

NESA will suspend a teacher’s accreditation if:

• the teacher fails to renew their WWCC clearance and give updated details to NESA before their current WWCC clearance expires
• the OCG places an interim bar on a teacher working in a child-related role
• the teacher has not paid their annual accreditation fee(s) or any other fees owing
• the teacher fails to provide a PD log if requested by NESA
• the teacher fails to meet their maintenance requirements.

D2.1.4 NESA can suspend, revoke or impose conditions on the accreditation of teachers with overseas/interstate registration

Under mutual recognition laws, NESA can suspend or revoke a teacher’s accreditation if their interstate or New Zealand registration to teach is either:

• suspended
• cancelled
• revoked
• subject to a condition on disciplinary grounds
• subject to a condition arising from or in anticipation of criminal, civil or disciplinary proceedings.

After considering the circumstances, NESA may:

• reinstate the teacher’s suspended or revoked accreditation
• waive any conditions if appropriate.

D2.1.5 Suspension, cancellation, and revocation affect a teacher’s employment

If NESA suspends a teacher’s accreditation at Conditional, Provisional or Proficient Teacher level, they:

• are not eligible to work as a teacher
• must not teach in a school/service.

If NESA cancels or revokes a teacher’s accreditation at Conditional, Provisional or Proficient Teacher level, they:

• are no longer accredited
• are not eligible to work as a teacher
• must not teach in a school/service.

However, if NESA suspends or revokes a teacher’s HALT accreditation, they might retain Proficient Teacher accreditation. If so, they can work as a teacher.

If NESA suspends a teacher, their employer can suspend them from their teaching position during the suspension period.

If NESA cancels or revokes a teacher’s accreditation, their employer can terminate their employment as a teacher.

D2.2 Notifications to NESA

D2.2.1 Employers must notify NESA about relevant matters

Employers must email TAnotifications@nesa.nsw.edu.au if a teacher has failed to meet an accreditation condition.

They must also notify NESA if they have, or are aware of, any information about a teacher that might be relevant to any of the suspension or revocation grounds set out in D2.1.

This includes when a teacher is:

• charged with or found guilty of criminal charges punishable by imprisonment for 12 months or more, or
• found guilty more than once during a 5-year period of an offence that might involve an act or conduct that would reflect adversely on a teacher’s professional standing or integrity or suitability or competence to teach and is dismissed for those offences, or
• the subject of an employer’s disciplinary proceedings into misconduct that is likely to affect a decision by NESA to suspend or revoke their accreditation.

D2.2.2 Employers must notify NESA about relevant decisions

If an employer makes a relevant decision about a teacher’s conduct or performance, they must:

• notify NESA of their decision
• give NESA all information that is or might be relevant to the decision.

Relevant decisions about conduct include:

• starting disciplinary proceedings against a teacher in relation to alleged misconduct where there is a risk to students/children or colleagues which means the teacher is either:
  • suspended from their job; or
  • placed on alternate duties outside the classroom (see D1.3.1).
• accepting a teacher’s resignation before taking final disciplinary action that:
  • could have led to the teacher’s employment being terminated
  • was for conduct that was likely to affect a decision by NESA to suspend or revoke their accreditation.
• dismissing a teacher for any reason that might cause their accreditation to be suspended or revoked (see D2.1)
• placing 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 where the conduct was likely to affect a decision by NESA to suspend or revoke accreditation.

Relevant decisions about performance include:

• dismissing a teacher because of their failure to demonstrate that their teaching practice continues to meet the applicable Standards
• accepting a teacher’s resignation before taking disciplinary action that could lead to the teacher’s employment being terminated for failing to demonstrate that their teaching practice continues to meet the applicable Standards.

In most cases, a ‘relevant decision’ coincides with an employer’s decision to remove a teacher from their teaching position for failing to:

• demonstrate that their teaching practice continues to meet the Standards at any time during their maintenance period
• complete the maintenance requirements by the end of their maintenance period, in line with A4.2.3 or B2.2.4.

D2.2.3 Employers do not need to notify NESA about certain matters

Employers do not need to notify NESA about:

• matters related solely to a specific ethos of a school/service that are not grounds for suspension or revocation under the TA Act
• any other disciplinary or conduct decision or action an employer undertakes that is not a ‘relevant decision’.

D2.2.4 Employers must provide evidence to NESA

If employers notify NESA about a matter that relates to a teacher failing to maintain their practice at the relevant level of the Standards (in line with A4.2.2 and B2.1.1), they must include the following:

• 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 at any time during the maintenance period
• evidence that the teacher has had the opportunity to respond to the principal/TA Delegate’s judgement that they have failed to maintain their practice at the Standards, including the teacher’s response
• evidence that the teacher had appropriate and timely support and advice about maintaining practice against the Standards, in line with the employer’s internal procedures.

If employers notify NESA about a matter that relates to misconduct, they must submit information relevant to the teacher’s disciplinary proceedings and/or the termination of employment, including:

• full investigation report(s)
• formal correspondence between the employer and the teacher, such as a letter of termination, letter of allegations, letter of findings, response letters from a teacher or their representative(s)
• any primary evidence from the investigation, such as interview transcripts, copies of personal messages including SMS and emails, images including photos, CCTV footage/stills
• medical evidence.

All relevant information that employers share with NESA in relation to suspending or revoking a teacher’s accreditation is protected from public disclosure as there is an overriding public interest to not do so. ²⁷

D2.3 NESA's decisions

D2.3.1 NESA considers child safety and wellbeing in all its decisions

When NESA makes decisions about suspending, cancelling, or revoking a teacher’s accreditation, it is guided by the Child Safe Standards and the principle that the safety, welfare and wellbeing of children and young persons are paramount.

When assessing a matter related to professional conduct, NESA considers:

• the nature of the conduct
• seriousness of the conduct
• frequency of the conduct
• recency of the conduct
• any other matter it needs to consider in line with the professional teaching standards.

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

D2.3.2 NESA can impose conditions on a teacher’s accreditation

NESA can impose, change or remove conditions on a teacher’s accreditation. Conditions might include:

• requiring the teacher to successfully complete a relevant PD course
• specifying a program the teacher needs to undertake or guidance they should receive to ensure their practice meets the Standards
• suspending the teacher for a specified period to enable them to address the issue(s) that led to their suspension.

D2.3.3 NESA will give a teacher notice before suspending, cancelling, or revoking accreditation

NESA must give a teacher 14 days’ written notice that it intends to suspend, cancel or revoke their accreditation. The 14-day period includes school holidays and employer shutdown periods.

Notice of intention

NESA’s notice to the teacher will include:

• the reasons for suspending, cancelling, or revoking their accreditation
• information about how the teacher can make a submission to NESA
• details of the 14-day submission period.

WWCC matters

NESA will give 14 days’ notice if it is suspending a teacher’s accreditation because their WWCC has expired.

NESA will not give 14 days’ notice if it is suspending or revoking a teacher’s accreditation because their WWCC:

• has been cancelled or closed by the OCG
• is subject to a bar or interim bar by the OCG.

When NESA gives written notice of the suspension, cancellation or revocation to a teacher, it will advise the OCG:

• that it has done so
• the date the suspension or revocation takes effect.

Submissions to NESA

After 14 days, NESA will consider any submissions the teacher or their representative(s) have made about the reasons for suspension, cancellation, or revocation (D2.3.3).

NESA’s decision

NESA will then make a decision and inform the teacher in writing, including:

• the reason(s) for the decision to suspend, cancel or revoke their accreditation
• the teacher’s options for requesting an internal review of NESA’s decision.

If the decision is to suspend a teacher’s accreditation, NESA will advise the teacher that it will review their suspension at least every 3 months.

D2.3.4 NESA will review accreditation suspensions every 3 months

If NESA suspends a teacher’s accreditation, it must review the suspension at least every 3 months.

Teachers whose accreditation is suspended are responsible for giving NESA any information that might affect whether NESA upholds or removes the suspension.

NESA must remove a suspension in the circumstances set out in the table.

When NESA decides to remove a teacher’s suspension, it will:

• notify the teacher in writing
• return the teacher to their prior accreditation status
• extend the teacher’s accreditation timeframe or maintenance period by the length of the suspension. 

D2.3.5 NESA can revoke or cancel a teacher’s accreditation after a suspension

NESA can revoke a teacher’s accreditation in the circumstances set out in the table.

NESA can cancel a teacher’s accreditation in the circumstances set out in the table.

D2.3.6 Teachers can seek a review

A teacher can apply to NESA for an internal review of a suspension, cancellation, or revocation decision within 28 days of receiving notice.

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

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

D2.3.7 NESA will notify other bodies about its decisions

NESA shares information about teachers’ accreditation statuses with:

• other teacher regulatory authorities in Australia and New Zealand
• schools/employers
• early childhood employers
• the OCG.

NESA can provide other teacher regulatory authorities with details of teachers whose accreditation has been suspended, cancelled, or revoked, including:

• the teacher’s name
• the teacher’s date of birth
• details of NESA’s decision to suspend, cancel, or revoke accreditation.