Conduct reporting guide - for schools

We have a concern that a registered teacher* has used physical violence against or engaged in sexualised behaviour with a learner (including behaviour outside the education setting).

For example, a registered teacher*

• deliberately hit, punched or used excessive force when restraining a learner, which caused the learner physical or mental injury
• sent inappropriate messages or images to a learner by email, text or another form of electronic messaging
• deliberately touched a learner in a sexual manner, and/or
• committed a sexual offence against a learner.

Reporting guide

The above examples could amount to criminal offences and must be reported to Victoria Police and CCYP. They should be reported to VIT and can also be reported to VRQA.

If action is taken against the registered teacher, schools must report it to VIT.

If the head of a school is notified by any person of a reportable allegation, including by a staff member, a young person, a parent or a member of the public, the head must report it to CCYP (even if the head doesn’t have a reasonable belief the conduct happened).

In response to the Betrayal of Trust report, a new criminal offence for failing to protect (or disclose information regarding) a child under the age of 16 from a risk of sexual abuse commenced on 1 July 2015. Read more here.

We have a concern about a registered teacher’s* inappropriate (but not sexual or physically violent) behaviour towards a learner (including behaviour outside the education setting).

For example, a registered teacher*

• used offensive language in class, which caused a learner to feel uncomfortable
• used a racist/derogatory term to describe a learner
• bullied a learner by repeatedly singling them out for discipline, when the learner had done nothing to deserve it
• yelled excessively at a learner when they misbehaved, causing the learner to feel upset and/or unsafe
• restrained a learner by holding their arm (although not in a violent or sexual manner) when it was not necessary or appropriate
• has not adequately responded to disclosure of abuse by a child, and/or
• threatened violence towards / in front of a learner.

Reporting guide

Some of the above examples could amount to reportable conduct under the Reportable Conduct Scheme. Allegations of reportable conduct must be reported to CCYP. If the head of a school is notified by any person of a reportable allegation, including by a staff member, a young person, a parent or a member of the public, the head must report it to CCYP (even if the head doesn’t have a reasonable belief the conduct happened).

If action is taken against the registered teacher, schools must report it to VIT. Reportable conduct issues that occur outside the education setting must be reported to CCYP.

We have a concern about a registered teacher’s health or behaviour outside of the school setting.

For example

• a registered teacher displays behaviour suggesting a health concern which may impact their role as a teacher
• we have concerns about a teacher’s behaviour outside the school setting which may impact their role as a teacher, and/or
• we have concerns that a teacher may not be registered.

Reporting guide

The above examples could amount to breaches of the Victorian Teaching Profession’s Code of Conduct and / or the Education and Training Reform Act 2006, and must be reported to VIT.