Disciplinary committee

The Board is required to establish at least one disciplinary committee with three members.

Membership

Each disciplinary committee must include:
  • a lawyer
  • a registered teacher
  • a Board member.

One person may satisfy two criteria.

Disciplinary matters are described here.

Powers and procedures

A disciplinary committee is required to consider complaints referred to it by the Board. Referrals must be accompanied by a report on the Board's investigation. A disciplinary committee, having undertaken a preliminary assessment, can:
  • conduct an inquiry
  • make a request or recommendation to the Board, including:
    • request the Board undertakes further investigations;
    • recommend the Board makes an interim order;
    • recommend the Board refers the complaint to another Committee;
    • recommend the Board refers the complaint to the State Administrative Tribunal;
    • recommend the Board refers the complaint to another person, organisation or agency;
    • recommend the Board dismisses the complaint; or 
    • may, before an inquiry into a complaint begins, recommend that the Board rejects or withdraws the complaint. 
  • postpone its consideration pending the outcome of other investigation, hearing or proceedings.
If a disciplinary committee conducts an inquiry, the teacher may be entitled to:
  • call and give evidence
  • examine and cross-examine witnesses
  • make submissions and
  • be represented.
If a disciplinary committee conducts an inquiry, it:
  • must do so with as little formality and technicality as possible
  • may order the teacher to pay costs and expenses to the Board.

After inquiry

If the complaint is substantiated (that is, if the committee finds that a disciplinary matter exists), the committee has a number of orders available to it ranging from a caution or reprimand to suspension of registration for up to 2 years. The committee cannot cancel the teacher's registration.
A teacher dissatisfied with the process or outcome of a disciplinary committee inquiry may apply for a review of the matter by the State Administrative Tribunal.