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Employers' reporting

The criteria for reporting serious misconduct are contained in the Education Council Rules 2016, in Rule 9, which is set out below:

Rule 9. Criteria for reporting serious misconduct

  1. For the purposes of [section 394 of the Education Act 1989, which imposes the general requirement that employers have to report serious misconduct], an employer of a teacher must immediately report to the Education Council if it has reason to believe that the teacher has engaged in any of the following kinds of serious misconduct:

    (a) physical abuse of a child or young person (which includes physical abuse carried out under the direction, or with the connivance, of the teacher):
    (b) sexual abuse of a child or young person (which includes sexual abuse carried out under the direction, or with the connivance, of the teacher):
    (c) psychological abuse of a child or young person, which may include (but is not limited to) physical abuse of another person, or damage to property, inflicted in front of a child or young person, threats of physical or sexual abuse, and harassment:
    (d) an inappropriate relationship with a person under the age of 16 years:
    (e) an inappropriate relationship with a student with whom the teacher is, or was when the relationship commenced, in contact as a result of his or her position as a teacher:
    (f) neglect or ill-treatment of a child or young person in the teacher’s care:
    (g) neglect or ill-treatment of an animal in the teacher’s care:
    (h) theft or fraud:
    (i) manufacture of, cultivation of, supply of, dealing in, or use of controlled drugs:
    (j) permitting, or acquiescing in, the manufacture of, cultivation of, supply of, dealing in, or use of controlled drugs by a child or young person:
    (k) viewing, accessing, or possessing pornographic material while at a school or early childhood education service or engaged in the business of a school or early childhood education service:
    (l) viewing, accessing, or possessing pornographic material that depicts children or young persons or that depicts animals engaged in sexual acts with humans:
    (m) breaching the standards or rules of the school or early childhood education service concerning the use of alcohol at the school or while engaged in the business of the school or early childhood education service:
    (n) any other act or omission that could be the subject of a prosecution for an offence punishable by imprisonment for a term of 3 months or more:
    (o) any act or omission that brings, or is likely to bring, discredit to the teaching profession.

  2. Physical, sexual, or psychological abuse is reportable whether it occurs as—

    (a) a single act; or
    (b) a number of acts forming part of a pattern of behaviour, even if some or all of those acts, viewed in isolation, are minor or trivial.