12. Accreditation of Returning Teachers

This section applies to teachers who have previously been accredited to teach in NSW¹ who want to return to teaching.

12.1. Applying for re-accreditation

To apply for re-accreditation, a returning teacher must:

• pay the re-accreditation application fee when submitting the application
• pay any outstanding accreditation fees in full, if the application is successful, before they are re-accredited
• hold a current WWCC clearance for paid employment
• meet the qualification requirements for Provisional accreditation, for teachers applying for re-accreditation who were last accredited at Conditional; and
• provide any other information relevant to the status of their accreditation as applicable.

When assessing an application for re-accreditation, where applicable and subject to consent from the teacher, NESA may contact a teacher’s previous employer(s) for information to inform the re-accreditation decision, including in relation to their accreditation history, previous teaching experience or prospective employment opportunities.  

12.2. Re-accreditation at Provisional after ceasing

A teacher who applies for re-accreditation after their Provisional or Conditional accreditation ceased may be re-accredited at Provisional² by NESA if the teacher:

• has ongoing employment which began before the date their accreditation ceased and which could enable accreditation at Proficient Teacher; or
• provides written support from a principal/service director³ agreeing to a new employment period, which starts within three months of the date the teacher’s accreditation ceased and could enable accreditation at Proficient Teacher.

In all other cases, and where a teacher’s accreditation has ceased more than once, applications for re-accreditation at Provisional after ceasing are assessed by a NESA Re-accreditation Panel (the Panel) which makes a recommendation to NESA. 

12.2.1. Panel assessment of applications for re-accreditation after ceasing

NESA convenes the Panel as required to consider applications for re-accreditation after ceasing and to provide a recommendation about re-accreditation to NESA.

The Panel makes its recommendation based on:

• the teacher’s reasons for not achieving accreditation at Proficient Teacher by the end of their initial accreditation period (or re-accreditation period, as applicable)
• the actions taken by the teacher to address their identified reasons
• documentation from prospective employers in NSW indicating that the teacher has opportunities for employment as a teacher to enable them to meet the requirements for accreditation at Proficient Teacher
• the applicant’s pattern of teaching employment during their initial accreditation period, as evidenced by a statement(s) of service or other appropriate documentation provided by the applicant; and
• any information about the teacher’s initial accreditation period provided to the Panel by NESA, which may include information NESA has obtained from employing authorities.

The decision about re-accreditation after ceasing is made by NESA after considering the Panel’s recommendation. 

12.2.2. Conditions on re-accreditation after ceasing

When NESA decides to re-accredit a teacher at Provisional after ceasing, NESA may place conditions on the teacher’s re-accreditation. These conditions may be imposed, amended or removed by NESA. Conditions may be imposed if NESA is satisfied that a condition will enable a teacher to meet the accreditation requirements at Proficient Teacher.

12.2.3. Re-accreditation timeframe

Teachers who are re-accredited at Provisional after ceasing have two years from the date they are re-accredited to complete all requirements for accreditation at Proficient Teacher as set out in Section 4. Teachers may request an extension of the two-year re-accreditation period from NESA in line with Section 4.7.1.

12.3. Re-accreditation after revocation

A teacher whose accreditation was revoked by NESA may apply for re-accreditation if:

• the grounds for revocation no longer apply (see Section 12.3.1); or
• their accreditation was revoked due to misconduct or failing to meet the applicable Standards (see Section 12.3.2).

Where a person applies for re-accreditation after the revocation of their Provisional, Conditional or Proficient Teacher accreditation,⁴ NESA may:

• accredit the person at Provisional (see Section 12.3.1.b and 12.3.2.b)
• accredit the person at Proficient Teacher or above, as applicable⁵ (see Section 12.3.1.a and 12.3.2.b); or
• refuse to accredit the person at any level (see Section 12.5).

Teachers who are not re-accredited at their previous level of accreditation may be provisionally accredited by NESA and may then be eligible to apply for immediate accreditation at Proficient Teacher (see Section 12.6).  

12.3.1. Re-accreditation after revocation where the grounds no longer apply

NESA may re-accredit a teacher if the grounds for revocation no longer apply. For example, if a teacher had their accreditation revoked for:

• not having a current WWCC clearance
• having outstanding fees
• failing to complete their PD requirements
• failing to declare that they have met their PD requirements; or
• failing to provide their PD log.

12.3.1.a. Re-accreditation at Proficient Teacher or above after revocation where the grounds no longer apply

A teacher whose Proficient Teacher accreditation or above has been revoked by NESA can apply for re-accreditation at the level of accreditation they held at the time of revocation, if:

• they have had five years or less away from teaching in NSW at the time of applying for accreditation after revocation; and
• their accreditation was revoked for failing to meet their PD requirements or conditions of accreditation.  

Returning teachers who are re-accredited at Proficient, Highly Accomplished or Lead Teacher by NESA following revocation will have their previous maintenance of accreditation timeframe reinstated and extended by the length of the period where they were not accredited.

12.3.1.b. Re-accreditation at Provisional after revocation where the grounds no longer apply

A teacher who applies for re-accreditation after revocation will be re-accredited at Provisional if the teacher was previously accredited at:  

• Provisional or Conditional;⁶ or
• Proficient Teacher or above and has had more than five years away from teaching in NSW at the time of applying for re-accreditation.

Teachers re-accredited at Provisional after revocation under this section may be eligible to apply for immediate accreditation at Proficient Teacher. 

12.3.2. Re-accreditation after revocation for misconduct, unsuitability or failing to meet the applicable Standards

Where a teacher is applying for re-accreditation after revocation for misconduct, because they were determined to be unsuitable, or for failing to meet the applicable Standards, their application will be considered by the Panel.  

The Panel assesses a teacher’s application for re-accreditation and makes a recommendation to NESA considering:

• the reason(s) for the revocation of the teacher’s accreditation and the nature of the circumstances relating to the reason(s)
• the length of time away from teaching
• information provided by the teacher in their application or at the request of NESA; and
• information provided by employing authorities.

NESA will decide if a teacher can be accredited at any level or to refuse to accredit the teacher, taking into account the Panel’s recommendation. 

12.3.2.a. Re-accreditation at Proficient Teacher after revocation for misconduct

Returning teachers who are re-accredited at Proficient Teacher by NESA following revocation for misconduct will have their previous maintenance of accreditation timeframe reinstated and extended by the length of the period where they were not accredited. 

12.3.2.b. Re-accreditation at Provisional after revocation for misconduct or failing to meet the applicable Standards

Teachers re-accredited at Provisional after revocation are given either the balance of their previous accreditation timeframe or up to two years to gain accreditation at Proficient Teacher.  

Teachers are advised of their maximum accreditation timeframe in the notice to the teacher of the outcome of their application for re-accreditation.

NESA determines the re-accreditation period by considering:  

• the length of time away from teaching
• the nature of any employment the teacher had during their period away from teaching; and
• the number of days the teacher taught prior to the revocation of their accreditation (for teachers whose Provisional or Conditional Accreditation was revoked). 

12.3.2.c. Conditions on re-accreditation after revocation for misconduct or failing to meet the applicable Standards

When NESA decides to re-accredit a teacher after revocation, NESA may place conditions on the teacher’s re-accreditation, depending on the grounds on which the teacher’s accreditation was revoked.

Conditions on a teacher’s re-accreditation at any level after revocation may be imposed, amended or removed by NESA. Conditions may be imposed if NESA is satisfied that a condition will enable a teacher to meet the relevant accreditation requirements.  

These conditions are included in the notice to the teacher of the outcome of their application for re-accreditation. This notice also includes advice about the eligibility for a teacher re-accredited at Provisional to apply for immediate accreditation at Proficient Teacher (see Section 12.6). 

12.4. Re-accreditation after voluntary cancellation

Where a person who voluntarily cancelled their accreditation applies for re-accreditation, NESA may:  

• accredit the person at Proficient Teacher or above, as applicable (see Section 12.4.1)⁷
• accredit the person at Provisional (see Section 12.4.2); or
• refuse to accredit the person at any level (see Section 12.5).

Teachers who are not re-accredited at their previous level of accreditation may be provisionally accredited by NESA and may then be eligible to apply for immediate accreditation at Proficient Teacher (see Section 12.6).   

12.4.1. Re-accreditation at Proficient Teacher or above after voluntary cancellation

A teacher who applies for re-accreditation after the voluntary cancellation of their Proficient, Highly Accomplished or Lead Teacher accreditation may be accredited by NESA at the level of accreditation that was cancelled if they:

• voluntarily cancelled their accreditation before their maintenance period end date; and
• have had five years or less away from teaching in NSW at the time of applying for reaccreditation.

Returning teachers who are re-accredited at Proficient, Highly Accomplished or Lead Teacher following voluntary cancellation will have their previous maintenance of accreditation reinstated and extended by the length of the period where they were not accredited. 

12.4.2. Re-accreditation at Provisional after voluntary cancellation

Where a teacher returning after voluntary cancellation is not accredited by NESA at their previous level of accreditation in line with Section 12.4.1, or if they were previously provisionally accredited, they may be re-accredited at Provisional.

The accreditation timeframe for teachers who are re-accredited at Provisional after voluntary cancellation of their Proficient Teacher accreditation is up to two years.  

The accreditation timeframe for teachers who are re-accredited at Provisional after the voluntary cancellation of their Provisional or Conditional accreditation is either the remainder of their original timeframe immediately before the voluntary cancellation or two years, whichever is greater.

A teacher who voluntarily cancelled their Conditional accreditation can apply to NESA for accreditation at Provisional only if they meet the requirements for accreditation at Provisional (see Section 2.1) before they apply.⁸

12.5. Refusal to re-accredit after ceasing, revocation or voluntary cancellation 

NESA will refuse to re-accredit a person at any level after ceasing, revocation or voluntary cancellation if they do not meet the requirements for accreditation.⁹ 

A teacher may apply to NESA for an internal review of a decision to refuse their reaccreditation within 28 days of being notified.¹⁰ Information on how to apply to NESA for an internal review is published on the NESA website.

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

12.6. Immediate accreditation at Proficient Teacher

Returning teachers are eligible to apply to NESA for immediate accreditation at Proficient Teacher if they:

• are re-accredited at Provisional after revocation for not meeting the condition(s) of their accreditation and have been away from teaching for more than five years (see Section 12.3.1.b)
• are re-accredited at Provisional after revocation and NESA has determined they are eligible to apply for immediate accreditation, considering the Panel’s recommendation (see Section 12.3.2)
• are re-accredited at Provisional after voluntary cancellation before the end of their maintenance period and have been away from teaching for more than five years (see Section 12.4.2)
• taught in a NSW school before 1 October 2004 and have been away from teaching for more than five years¹¹; or
• taught in a NSW early childhood service before 16 July 2016 and have been away from teaching more than five years¹²

Eligible returning teachers may apply to NESA for immediate accreditation at Proficient Teacher level at any time after they are provisionally accredited and before the end of their maximum accreditation timeframe.  

Eligible returning teachers who were accredited at Highly Accomplished or Lead Teacher at the time of revocation or voluntary cancellation can only be immediately accredited at Proficient Teacher.  

There is no minimum timeframe for immediate accreditation at Proficient Teacher.

Returning teachers who are re-accredited at Provisional after the revocation or voluntary cancellation of their Proficient Teacher accreditation are not eligible to apply to NESA for immediate accreditation at Proficient Teacher if their accreditation was:

• revoked for failure to maintain their accreditation;¹³ or
• cancelled after the end of their maintenance of accreditation timeframe.

12.6.1. Applying for immediate accreditation

To apply for immediate accreditation at Proficient Teacher, an eligible teacher must apply in their NESA online account (eTAMS) and provide any relevant supporting documentation if required.

12.6.2. Recommendations about immediate accreditation

Recommendations about immediate accreditation at Proficient Teacher are made by a teacher’s current principal/service director. The principal/service director must make a recommendation about the teacher’s accreditation, in the principal's/service director’s NESA online account (eTAMS), within 28 days of the teacher submitting their application.  

The principal/service director must consider the following when making a recommendation about immediate accreditation at Proficient Teacher for a returning teacher:

• whether the teacher’s current practice meets the Standards for Proficient Teacher as observed through a range of professional activities
• the teacher’s previous level of accreditation
• the length of time away from teaching
• the length of employment as a teacher before their absence
• the nature of any employment undertaken during their absence from teaching in NSW, including employment as a teacher
• any relevant further tertiary study completed during their absence; and
• other appropriate professional or personal circumstances. 

The principal/service director may:

• recommend that NESA immediately accredit the teacher at Proficient Teacher (see Section 12.6.4)
• recommend that NESA does not immediately accredit the teacher at Proficient Teacher (see Section 12.6.2.a); or
• record that they are unable to make a recommendation about immediate accreditation at Proficient Teacher (see Section 12.6.2.b).

12.6.2.a. Recommendation to not immediately accredit at teacher

A principal/service director can only recommend not to immediately accredit a teacher at Proficient Teacher if:

• the principal/service director has provided the teacher and employer with 28 days’ written notice of the intention to recommend against accreditation. The written notice must:
  • include the specific reasons for the recommendation and the Standard Descriptors that the teacher has failed to demonstrate; and
  • advise the teacher of their right to respond to the notice within 28 days¹⁴; and
• the teacher is unable to meet the Standards for Proficient Teacher.

12.6.2.b. Unable to make a recommendation about immediate accreditation

If a principal/service director is not able to make a recommendation about immediate accreditation for a teacher, they must include the reasons when recording that they are unable to make a recommendation. A principal/service director can only record that they are unable to make a recommendation if: 

• the teacher has not worked in the school/service for long enough to allow the principal/service director to confidently make a judgement about the teacher’s practice; and/or
• information provided by the teacher’s previous school/service (where applicable and subject to consent from the teacher) has not assisted the principal/service director in making a valid and reliable judgement.

12.6.3. Immediate accreditation decisions by NESA

Proficient Teacher accreditation decisions are made by NESA within 28 days of the date of the principal’s/service director’s recommendation and are based on the:

• principal/service director recommendation; and
• supporting documents submitted by the teacher.¹⁵

NESA can decide that a teacher:

• meets all requirements for accreditation and accredit the teacher Proficient Teacher (see Section 12.6.4); or
• does not meet all requirements for accreditation and refuse to accredit the teacher at Proficient Teacher (see Section 12.6.5). 

12.6.4. Decision to immediately accredit at Proficient Teacher

Where NESA decides to immediately accredit a returning teacher at Proficient Teacher, NESA will record the decision in the teacher’s NESA online account (eTAMS), notifying the teacher of the decision. The teacher will start a new maintenance period on the day the accreditation decision is recorded in their NESA online account (eTAMS).

12.6.5. Refusal to immediately accredit at Proficient Teacher

If NESA decides to not accredit the teacher at Proficient Teacher, NESA will record the decision in the teacher’s NESA online account (eTAMS) and advise the teacher in writing of the decision and reasons.  

A teacher may apply to NESA for an internal review of a decision to not accredit them at Proficient Teacher within 28 days of being notified.¹⁶ Information on how to apply to NESA for an internal review is published on the NESA website.  

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

Provisionally accredited teachers who are not immediately accredited at Proficient Teacher must work towards accreditation at Proficient Teacher in line with the requirements in Section 4. 

_{1. This section also applies to teachers who taught in a NSW school before 1 October 2004 and teachers who taught in an early childhood service before 16 July 2016, and have never been accredited in NSW. Refer to Section 12.6.}

_{2. A teacher cannot be re-accredited at Conditional. A teacher whose Conditional accreditation ceased or was revoked must provide NESA with evidence of the award of an accredited initial teacher education qualification when applying for re-accreditation at Provisional if they have not already done so.}

_{3. Written support must be from the current principal/service director of the relevant school/service.} 

_{4. If a teacher is accredited at Highly Accomplished or Lead Teacher at the time that a decision to revoke their accreditation is made, their accreditation at Proficient Teacher is revoked which also serves to revoke their accreditation at the higher level.}

_{5. Teachers who were accredited at Highly Accomplished or Lead Teacher at the time of revocation may be re-accredited by NESA at the higher level. Teachers in these cases may request to return at Proficient Teacher or their previous higher level of accreditation.}

_{6. A teacher cannot be re-accredited at Conditional. A teacher whose Conditional accreditation was revoked must provide NESA with evidence of the award of an accredited initial teacher education qualification when applying for re-accreditation at Provisional if they have not already done so.} 

_{7. Teachers who were accredited at Highly Accomplished or Lead Teacher at the time of voluntary cancellation may be accredited by NESA at the higher level. Teachers in these cases may request to return at Proficient Teacher or at their previous higher level of accreditation.}  

_{8. A person whose Conditional accreditation was voluntarily cancelled must provide NESA with an official academic transcript showing completion of their initial teacher education qualification when applying for accreditation at Provisional, if they have not already done so.} 

_{9. In line with the TA Act, S32 (2), 33 (2) (b) and 40 (b).}

_{10. Under the Administrative Decisions Review Act 1997, S53.}

_{11. Returning teachers who have never been accredited in NSW and/or do not meet the current teacher qualification requirements may be accredited at Proficient Teacher directly if:}

_{(i) NESA receives written confirmation from a NSW teacher employer that the applicant was employed as a teacher in a NSW school before 1 October 2004 or in an early childhood service before 16 July 2016 and met the teaching qualification/training requirements at that time; and}

_{(ii) the applicant has not had their accreditation suspended or revoked, or been dismissed due to misconduct or performance issues. The requirement to be provisionally accredited and have a recommendation made by a principal/service director does not apply to eligible teachers in this situation. Information on the process for returning teachers in this situation is published on NESA's website.}

_{12. Refer to footnote 11.}

_{13. Under the TA Act, S24 (1) (g).}

_{14. In these cases, the principal/service director has 28 days from the date the teacher responds (or from the end of the notice period if the teacher does not respond) to submit their recommendation to NESA.} 

_{15. Documentary evidence of practice and a report on an observation of the teacher’s practice are not required by NESA for immediate accreditation at Proficient Teacher.}  

_{16. Under the Administrative Decisions Review Act 1997, S53.}