Changes to Legislation

Hearings

Amendments to allow for inquiry into a broader range of matters
Currently the Institute can only investigate complaints of serious misconduct. The new amendments allow the Institute to investigate a complaint of misconduct which is less than serious and to investigate cases where a teacher’s ability to practise is affected by a health impairment. This includes requiring a teacher to undergo an independent health assessment and to conduct medical panel hearings if required.

Disciplinary processes initiated without a complaint or notification
The new amendments will enable the Institute to investigate cases without a complaint or employer notification if the Institute has a reasonable belief that it is necessary.

Informal hearings
The new amendments widen the powers of informal hearing panels to allow a panel to order a teacher to undergo counselling, undertake relevant professional development, and to caution and reprimand a teacher if their conduct warrants such censure.

Formal hearings
Similar to the amendments to the powers of the informal hearings which allow a panel to caution and reprimand a teacher if their conduct warrants such censure, a formal hearing panel will now be able to cancel the registration of a teacher for a specified period of time which will ensure that a teacher cannot apply for registration again during the time period specified by the hearing panel.

Review by VCAT
The amendments will allow teachers to seek a review by the VCAT of a decision of the Institute to refuse to renew the registration of a teacher, or of any of the sanctions such as cancellation of registration for a specified period of time, that result from a formal hearing into the conduct of a teacher.

Your FAQs answered. What you need to know.

Important Dates

1 January 2011 – amendments to the Victorian Education and Training Reform Act 2006 take effect.
November 2011 – the amended Institute Council begins operation