Making a mandatory report
Under the Education Act, employers must make a mandatory report to the Education Council in certain circumstances. Failing to make a report is an offence, which carries a fine of up to $25,000 unless there is reasonable justification.
When to make a mandatory report
Employers must IMMEDIATELY report to the Council when:
- a teacher is dismissed for any reason
- a teacher resigns from a teaching position, if within the 12 months preceding the resignation the employer advised the teacher it was dissatisfied with, or intended to investigate, any aspect of the teacher’s conduct or competence, or on the expiry of the teacher's fixed-term contract
- a teacher ceases to be employed by the employer, and within the following 12 months the employer receives a complaint about the teacher's conduct or competence while he or she was an employee
- the employer has reason to believe the teacher has engaged in serious misconduct
- the employer is satisfied that, despite completing competence procedures with the teacher, the teacher has not reached the required competence level.
How to make a mandatory report
Use the mandatory report form to make your report. You may either post or email the completed form to the Council. You are encouraged to provide as much detail as possible. Please remember to include the following:
- for a dismissal, the reason for dismissal
- for a resignation, a description of the conduct or competence issues you have concerns about and any action taken
- for a complaint received about a former employee, the nature of the complaint and any other relevant information
- for a report of possible serious misconduct, the description of the conduct and the action taken
- for failing to reach the required level of competence, a description of the competence issues and actions taken.
The following documentation may be relevant to your report. Please include where applicable:
- statements of complainants, identity of witnesses and anyone else related to the matter
- letters of complaint received about the teacher (including from staff, parents, and students)
- letters between you or the professional leader and the teacher concerning the complaint or matter of concern
- any statement, responses, or records of these received from the teacher or their advocate
- the teacher's letter of resignation
- minutes of Board of Trustees meetings at which the matter was discussed
- the teacher’s recent performance appraisals
- relevant classroom observations
- examples of the teacher's planning, assessment and evaluation
- independent investigators reports
- any other relevant information provided by other people or by the police.
Dealing with malicious or vexatious complaints
Employers must not report a complaint about a former employee if they believe the complaint is malicious, vexatious or without foundation. If the complaint is competence related and doesn’t meet the Council’s criteria for reporting competence issues, the matter does not need to be reported.
Employers are required to report if they have reason to believe the teacher has engaged in serious misconduct. Serious misconduct means conduct by a teacher that adversely affects, or is likely to adversely affect, the wellbeing or learning of one or more students, or reflects adversely on the teacher’s fitness to teach.