It is important to remember that not all conduct matters or impairments will impact a teacher’s registration. The outcome of an application for registration or investigation will depend on the individual facts of each case.
Outcomes can occur via a decision made by VIT, or by an agreement with the teacher.
Conditions, restrictions or limitations placed on registration
The VIT has the power to impose any conditions, restrictions or limitations on a teacher’s registration if it deems appropriate to do so. This can be done at any time, including when making a decision on an application for registration, or while the teacher is registered with VIT.
This power will generally be exercised where a teacher’s conduct does not warrant suspension of registration, but where further action is required to address concerns regarding their suitability to teach. For example, VIT may deem the teacher suitable to teach but impose a condition that a teacher undergo targeted professional or personal development, to have a greater understanding of their professional obligations.
Where a teacher has an impairment that has the potential to but does not currently impact on their ability to practise as a teacher, VIT may impose a condition that they establish and maintain therapeutic relationships with medical professionals as required, and to provide regular reports to VIT.
Decision in relation to a pending application for registration
The VIT may also use the information and documentation gathered during an investigation to make an informed decision about a pending application for registration. The decisions may
- Grant registration. The VIT may decide the conduct or impairment does not impact on the person’s suitability to teach, and may determine to grant the application for registration or renewal of registration.
- Refuse registration. The VIT may refuse an application for registration, or renewal of registration.
- Impose conditions on registration. The VIT may decide to grant the application for registration / renewal of registration, but to impose a condition, limitation or restriction on the registration of the teacher.
Suspension of registration
There may be some circumstances in which VIT will suspend the registration of a teacher on an interim basis. This is in circumstances where VIT has formed a reasonable belief that
- the teacher poses an unacceptable risk of harm to children, and
- the suspension of the teacher’s registration is necessary to protect children.
There are also some circumstances where VIT must suspend a teacher’s registration on an ongoing basis.
Visit the Immediate action page to find out more.
Cancellation of registration
The VIT must cancel the registration of a teacher if the teacher
- has been found guilty or convicted of a Category A offence in Victoria, or an equivalent offence in another jurisdiction, or
- has been given a Working with Children (WWC) exclusion (previously known as a negative notice) by Working with Children Check Victoria (WWCCV).
A teacher whose registration is cancelled is also disqualified from teaching and is not entitled to re-apply for registration in the following circumstances
- If the teacher’s registration has been cancelled because they have been convicted or found guilty of a Category A offence, they will be disqualified from reapplying for registration indefinitely.
- If the teacher’s registration was cancelled because they were given a WWC exclusion, they will be disqualified from reapplying for registration for a period of five (5) years from the date the exclusion is given or until a subsequent decision has been made (whichever is the sooner).
Outcomes by agreement
A teacher may request at any time (even during the course of an investigation) that VIT enter into an agreement with them. The agreement may be that VIT
- impose conditions on the registration of the teacher
- suspend the teacher’s registration for a period of time, or until certain events occur, or circumstances change
- suspend the teacher’s registration, and impose conditions on registration, or
- cancel the teacher’s registration.
The VIT will consider any of these requests and will determine whether this is an opportunity response to any alleged conduct or concerns that have been raised.
Referral to an informal hearing, medical panel hearing or formal hearing
The VIT may decide to refer the teacher to an informal hearing. The informal hearing panel can make findings about whether or not the teacher has by act or omission engaged in misconduct.
The VIT may decide to refer the teacher to a medical panel hearing. The medical panel hearing can make findings about whether or not the ability of the teacher to practise as a teacher is seriously detrimentally affected or likely to be seriously detrimentally affected because of an impairment.
In order to assist it to make a decision, the medical panel may direct the teacher to undergo a health assessment.
The VIT may decide to refer the teacher to a formal hearing. The formal hearing panel may make findings about whether or not
- the teacher has, whether by act or omission, engaged in misconduct or serious misconduct
- the teacher has, whether by act or omission, been seriously incompetent
- the teacher is, whether by act or omission, not fit to teach, or
- the registration of the teacher has been obtained by fraud or misrepresentation or concealment of facts.
Last updated: 15 Jun 2022