The Education and Training Reform Act 2006 (PDF - 1.86 MB) sets out the Institute’s power in relation to disciplinary proceedings against teachers.

Complaints

A complaint must relate to a registered teacher's misconduct, serious misconduct, serious incompetence or suitability to teach. 

Complaints against registered teachers (PDF - 68 KB)

Complainant - Making a complaint (PDF - 63 KB)

Complaint form - For a copy contact the Administrative Officer on 03 8601 5866.

Complainant - Investigation (PDF - 62 KB)

Complainant - The informal hearing (PDF - 63 KB)

Complainant - The formal hearing (PDF - 64 KB)

Registered Teachers - If a complaint is made against you (PDF - 74 KB)

Notification of action taken by an employer

An employer of a teacher must inform the Institute if they have taken any action against a teacher in response to an allegation of serious incompetence, serious misconduct or a lack of suitability to teach.

An employer is also required to provide the Institute with all relevant information related to the notification.

Registered Teachers - If action is taken against you by an employer (PDF - 74 KB)

Employers - If you take action against a registered teacher (PDF - 74 KB)

Indictable offences

The Institute must conduct an inquiry into a teacher’s fitness to teach if the teacher is convicted or found guilty of an indictable offence.

Registered teachers are required to advise the Institute if they are committed for trial or convicted or found guilty of an indictable offence.

Indictable offences (PDF - 72 KB) 

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Investigations

The Institute has power to conduct investigations into:

• complaints of misconduct, serious misconduct, serious incompetence or fitness to teach
• a teacher’s conviction or finding of guilt of an indictable offence
• action taken by an employer in relation to serious misconduct, serious incompetence or fitness to teach.

Registered Teachers - Investigation (PDF -60 KB)

Informal hearings

The Institute may decide to hold an informal hearing into allegations against a teacher.

Registered Teachers - The informal hearing (PDF - 63 KB)

Witnesses - The informal hearing (PDF - 67 KB)

Formal hearings

The Institute may decide to hold a formal hearing into allegations against a teacher.  

Registered Teachers - The formal hearing (PDF - 65 KB)

Witnesses - The formal hearing (PDF - 69 KB)

Witnesses - Claim for payment of expenses - For more details contact the Administrative Officer on 03 8601 5866.

The rules of natural justice (PDF - 70 KB)

Medical panel hearings

The Institute may decide to hold a medical panel hearing into the effect of an impairment on a teacher's ability to teach.

Registered Teachers - Medical panel hearing (PDF - 61 KB)

Complainant - Medical panel hearing (PDF - 104 KB)

A teacher may apply to the Victorian Civil and Administrative Tribunal for a review of the decision of a hearing panel.

Appeal to the Victorian Civil and Administrative Appeal (PDF - 90 KB)

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Sexual offences

The definition of a sexual offence is set out in the Act. If a registered teacher is charged with a sexual offence defined in the Act the Institute may suspend the registration of a teacher without inquiry.

If a registered teacher has been convicted or found guilty of a sexual offence as defined in the Act, the teacher ceases to be registered from the date of the conviction or finding of guilt.

Sexual offences (PDF - 74 KB)

Unregistered teachers

It is an offence for a person to undertake the duties of a teacher in a school if they are not registered with the Institute. It is an offence for a person or body to employ a person to undertake the duties of a teacher in a school if that person is not registered with the Institute. 

Registration obtained by fraud or misrepresentation

The Institute must conduct a formal hearing into allegations that a teacher has obtained their registration by fraud or misrepresentation or that the qualifications upon which the teacher relied for registration have been withdrawn.

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