Suitability assessments

• a conviction or finding of guilt for an indictable offence, whether committed in Victoria or elsewhere (except for those offences which provide grounds for an immediate suspension of a teacher’s registration)
• a conviction or finding of guilt of unlawful assault or aggravated assault (or interstate equivalent if the offence occurred in another state or territory)
• conduct that forms the basis of a non-conviction charge (where the charge is dismissed or withdrawn or where the person is found not guilty of the charge) for a category A offence or category B offence (these are the more serious indictable offences and include sexual offences, violence offences and drug related offences).
• where the teacher has committed reportable conduct under the Reportable Conduct Scheme
• conduct that forms the basis of any disciplinary action taken against a registered teacher by an employer that is notified by the employer to VIT
• conduct that forms the basis of any disciplinary action that has been taken against a person by an entity for which the person works (including as a volunteer) of which VIT becomes aware under the Reportable Conduct Scheme 
• where there is evidence that the teacher has been seriously incompetent in their teaching practice
• where a teacher has engaged in misconduct or serious misconduct or where the teacher has otherwise engaged in personal or professional conduct that departs from the Victorian Teaching Profession’s Code of Conduct and / or Victorian Teaching Profession Code of Ethics.  

If one or more of the above circumstances apply to you, VIT will need to assess your suitability to teach before a decision can be made about your application for renewal of registration.

The VIT will seek to understand the circumstances in which the conduct occurred, and what you have done since this time. It will consider many factors such as your motivation for engaging in the conduct, your candour and insight, the period of time since the conduct occurred, and whether there were any children impacted by your conduct. The VIT must also consider the safety and wellbeing of children, including by taking into account community expectations.

You will be given the opportunity to provide a submission to assist VIT assess your suitability to teach (if you have not yet already done so).

The VIT must refuse an application for registration in the following circumstances

• if you are currently charged with, or have been convicted or found guilty of a Category A offence in Victoria, or an equivalent offence in another jurisdiction.
• if you are currently charged with, or have been convicted or found guilty of a Category B offence in Victoria, or an equivalent offence in another jurisdiction, and VIT considers that the person poses an unjustifiable risk to children.

The VIT may refuse an application for registration in the following circumstances

• if your character is such that it would not be in the public interest to allow you to teach in a school or early childhood service
• if you have engaged in category C conduct and your ability to teach in a school or early childhood service is likely to be affected because of the conduct that you engaged in
• if you have engaged in category C conduct and it is not in the public interest to allow you to teach in a school or early childhood service because of the conduct that you engaged in
• if you have been found, under Part 5A of the Child Wellbeing and Safety Act 2005, to have committed reportable conduct
• if you held a right to teach or were employed as a teacher in another state or territory and that right or employment has been cancelled or suspended because of conduct that would entitle VIT to suspend or cancel your registration if the conduct had occurred in Victoria
• if you been seriously incompetent in your teaching practice when employed as a teacher in a school in Victoria or in any other state or territory
• if you do not produce evidence which satisfies VIT of your suitability to teach.

Due to the volume of applications that fall within this category, the assessment of the applications for renewal of registration against these new legislative requirements will take time. 

In recognition of this, VIT has taken steps to minimise the impact that these assessments have on teachers and their registration status. Further information about this can be found below.

Offences in Victoria are classified as either indictable offences or summary offences.

Indictable offences are more serious offences and include theft, causing injury, drug offences, rape and murder. Indictable offences are usually heard before a judge and jury in the County Court of Victoria or the Supreme Court of Victoria. Some indictable offences may also be heard in the Magistrates Court of Victoria.

All offences in the Crimes Act 1958 and the Wrongs Act 1958 are deemed to be indictable offences, unless the relevant legislation indicates otherwise.

All offences in other legislation that are described as being level 1-6 or punishable by level 1-6 imprisonment, fine or both are also presumed to be indictable offences, unless the relevant legislation indicates otherwise.

Summary offences are less serious offences and usually include offences such as disorderly behaviour, some assault offences, some driving offences, and wilful damage to property. Summary offences may be heard and determined in the Magistrates’ Court of Victoria.

All offences that do not meet the definition of indictable offences above are presumed to be summary offences, unless the relevant legislation indicates otherwise.

Under the Education and Training Reform Act 2006, Category C conduct includes (but is not necessarily limited to) the following

• convictions or findings of guilt of an indictable offence;
• non-conviction charge of a Category A or B offence;
• conduct that forms the basis of any disciplinary action taken against a registered teacher by an employer; and
• conduct that forms the basis of any disciplinary action that has been taken against a person by an entity for which the person works (including as a volunteer) of which VIT becomes aware of under the reportable conduct scheme.

If a person makes an application to VIT for registration / renewal of registration, the VIT may refuse the application if the person has engaged in Category C conduct and one of the following applies

• the ability of the person to teach in a school / early childhood service is likely to be affected because of the conduct they engaged in; or 
• it is not in the public interest to allow the person to teach in a school / early childhood service because of the conduct they engaged in.

Prior to making this decision, VIT will provide the person with an opportunity to provide further information and documentation relating to the Category C conduct.

Reportable conduct is defined in the Child Wellbeing and Safety Act 2005. It means

• sexual offences (against, with or in the presence of, a child);
• sexual misconduct (against, with or in the presence of, a child);
• physical violence (against, with or in the presence of, a child);
• behaviour that causes significant emotional or psychological harm; and
• significant neglect.

Further information can be found here.

This means that you have submitted your application to VIT but it has not yet been approved. It does not necessarily mean there is a problem with your application or that it will ultimately be refused. 

You do not need to do anything further to progress your application, unless you are contacted by VIT. 
 

There could be many reasons, such as

• the VIT is assessing your suitability to teach against the new legislative requirements 
• the VIT has requested you provide additional information or documentation and is waiting to receive this from you
• your application is being progressed to the relevant decision maker
• your application is being considered by the relevant decision maker.

The period of time in which your application is ‘pending VIT’ does not necessarily indicate there is a problem with your application. 

No. The register of teachers and the employer portal will not include any information about the need to assess your application against these new legislative requirements.

There is nothing further that you need to do right now. If the VIT requires any further information, it will make contact with you. 

You can check whether you are registered by looking on the register of teachers available on our website.

All teachers who are registered to teach in Victoria will appear on this register.

A person listed on the register is registered or permitted to teach, unless their registration status is displayed in red. A teacher whose details are displayed in red are non-practising and are unable to undertake the duties of a teacher.

A person listed on the register of teachers is registered even when their expiry date is in the past.

A person who appears on the register of teachers as a teacher or provisionally registered teacher is able to perform the duties of a teacher in any Victorian school.

A person who appears on the register of teachers as an early childhood teacher or provisionally registered early childhood teacher is able to perform the duties of an early childhood teacher in any Victorian early childhood service. 

A person who appears on the register of teachers as non-practising, and whose registration status is marked in red is unable to perform the duties of a teacher or an early childhood teacher.

All persons who appear on the register of teachers are permitted to engage in child-related work (other than teaching) without the need to obtain a separate Working with Children clearance.