There is an impairment matter in relation to a registered teacher if the teacher's ability to carry out the inherent requirements of the work of a registered teacher is, or is likely to be, affected because of the impairment.
Impairment in relation to a person is defined in section 3 of the Teacher Registration Act 2012 (Act) and in relation to a person, means:
- One of more of the following conditions, whether arising from a condition subsisting at birth or from an illness or injury;
- any defect or disturbance in the normal structure or functioning of a person's body
- any defect or disturbance in the normal structure or functioning of a person's brain
- any illness or condition which impairs a person's thought processes, perception of reality, emotions or judgement or which results in disturbed behaviour
and
- includes an impairment which presently exists or existed in the past but has now ceased to exist.
The Board will consider whether a person would be unable to carry out the inherent requirements of the work of a registered teacher because of an impairment. This could include, but is not limited to, medical conditions, mental or physical impairments and illnesses, and the use of, or dependence on, drugs or alcohol. This includes an impairment which presently exists or existed in the past but has now ceased to exist.
Not all medical conditions and impairments are considered to automatically render a person unable to carry out the carry out the inherent requirements of the work of a registered teacher. Therefore, when considering an impairment matter, the Board will focus on those matters which in the Board’s opinion, indicate that:
- the person would be unable to carry out the inherent requirements of the work of a registered teacher;
- the person is not or may not be capable of providing a safe environment for children in their care; or
- the person poses or may pose a risk to the safety of children.
The Board may take into account a number of factors when considering an impairment matter. These may include, but are not limited to:
- the nature and seriousness of the medical condition or impairment
- what the adverse impacts of the medical condition or impairment may be on the person’s ability to practise as a teacher
- what the person has done, is doing, or is proposing to do, to deal with the medical condition or impairment and its effects (e.g. any treatment being undertaken or proposed)
- if the person is currently employed as a teacher, whether the employer knows, and if so, how is the medical condition or impairment being managed in the workplace
- whether the medical condition or impairment is of a nature that suggests that adjustments or assistance is required so that the teacher is able to practise teaching capably and safely, and if so, what are the adjustments or assistance needed
- whether recent written advice from a medical practitioner or specialist is available.
For more information, please refer to the Impairment and Impairment Review Committee Policy on the Policies page.