In these rules, unless the context otherwise requires,—

A term that is used in these rules and defined in the Act but not defined in these rules has the same meaning as in the Act.

These rules—

This rule is by way of explanation only, and, if any other provision in the Act or rules conflicts with it, the other provision prevails.

Any person or body exercising a power or discretion, or performing a function, under these rules must have regard to, as the case requires,—

The transitional, savings, and related provisions (if any) set out in Schedule 1 have effect according to their terms.

A notice, advice, or any other communication that is given or provided to a person under these rules may be given or provided—

In the absence of proof to the contrary, a notice, advice, or any other communication given or provided to a person must be treated,—

This Part applies to mandatory reporting to the Teaching Council of the following matters:

This Part also applies to complaints to the Teaching Council about the following matters:

In addition to the requirements specified in the Act, a report or complaint must—

The chief executive may decline to take any action on a report or complaint that does not comply with the requirements in subclause (1)(a) to (c).

A teacher’s employer must immediately report to the Teaching Council in accordance with section 491 of the Act if the employer has reason to believe that the teacher has committed a serious breach of the Code of Professional Responsibility, including (but not limited to) 1 or more of the following:

The conduct described in any of paragraphs (a) to (e) and (k) of subclause (1) may be—

This Part applies to—

This rule applies if the Teaching Council receives a report or complaint about a teacher.

The chief executive must, as soon as practicable,—

However, subclause (2) does not apply if the chief executive considers that there is good reason to keep the report or complaint confidential from the teacher (for example, because the report or complaint is subject to police investigation).

This rule applies if—

The chief executive may do any or all of the following in relation to the report or complaint:

In deciding what step to take under subclause (2), the chief executive must have regard to all relevant circumstances, including (without limitation)—

Instead of taking any step under subclause (2), the chief executive may refer a report or complaint to the Triage Committee (see rule 11C).

If the chief executive refers a report or complaint to the Triage Committee, the referral must be accompanied by any relevant information that the chief executive has in relation to the report or complaint (including any response from the teacher).

This rule does not limit the power of the Teaching Council (acting through the chief executive) to investigate and refer matters of its own motion in accordance with sections 496(2) and 506(3) of the Act.

When a matter is referred to the Complaints Assessment Committee under section 496(2) of the Act or to a professional practice evaluator for the purposes of an investigation under section 506(3) of the Act, it is to be treated as if a report or complaint had been made, subject to all necessary modifications in procedure.

A Triage Committee is established.

The Teaching Council must appoint the members of the Triage Committee.

The Triage Committee must have at least 3 members.

This rule applies if—

The Triage Committee may do any or all of the following in relation to the report or complaint:

In deciding what step to take under subclause (2), the Triage Committee must have regard to all relevant circumstances, including (without limitation)—

The chief executive must notify the teacher concerned if—

For the purpose of subclause (1)(a), the notice of referral to the teacher must—

Unless the chief executive considers that notification is not appropriate, the chief executive must notify the teacher’s current employer and the initiator of the report, complaint, or other matter of—

A notice of referral under subclause (3)(a) to the teacher’s current employer must describe the nature of the matter that the report, complaint, or other matter is about.

This Part applies to reports and complaints about teacher conduct referred to the Complaints Assessment Committee.

If the chief executive refers a report, complaint, or other matter to the Complaints Assessment Committee, the chief executive may—

The chief executive may allocate a report or complaint to an investigator who also conducted an initial investigation of the report or complaint under rule 11.

The chief executive has the discretion to decide—

When exercising the discretion under subclause (3)(b), the chief executive must consider—

An investigator to whom a report, complaint, or other matter has been allocated under rule 14 must—

An investigator is appointed by the chief executive to conduct investigations for the Complaints Assessment Committee and must not be a member of the Complaints Assessment Committee.

The investigator may require information to be provided to them under sections 496(4) and 497(7) of the Act.

The teacher concerned must be notified before the meeting at which the investigation report will be considered.

The teacher must be provided with the investigation report and documentation that will be provided to the Complaints Assessment Committee.

The teacher must be given an opportunity to comment on the investigation report before the Complaints Assessment Committee makes a final decision.

At a meeting of the Complaints Assessment Committee, the Complaints Assessment Committee must consider—

A request for a teacher to be heard in person must not be unreasonably refused.

Before taking any action available to it under section 497 of the Act, the Complaints Assessment Committee may—

Meetings of the Complaints Assessment Committee—

If the Complaints Assessment Committee decides that it will hear from the teacher concerned or the initiator, or another person,—

The Complaints Assessment Committee may, subject to the Act and these rules, regulate its own procedure in relation to meetings as it thinks fit.

A notice of the Complaints Assessment Committee’s decision must be sent, as soon as practicable,—

A decision made by the Complaints Assessment Committee must—

If the person who made the complaint or report, or referred the matter to the Complaints Assessment Committee, wishes to request that the Disciplinary Tribunal review all or part of that decision under section 499A of the Act, the person may seek a copy of the decision from the Complaints Assessment Committee.

For the purpose of subclause (3), the Complaints Assessment Committee may provide a copy of its decision to the person if it considers it necessary to enable the person to determine whether to request a review of the decision.

The Teaching Council must monitor whether the teacher complies with any conditions imposed by the Complaints Assessment Committee.

The Teaching Council may refer any failure to comply with a condition to the Complaints Assessment Committee of its own motion as it sees fit.

If the Complaints Assessment Committee refers a report, complaint, or other matter to the Disciplinary Tribunal, the Committee must—

In proceedings before the Disciplinary Tribunal, the Complaints Assessment Committee may be represented by counsel appointed by the chief executive (who may be an employee of the chief executive or external counsel engaged by the chief executive).

A charge that is referred to the Disciplinary Tribunal must—

A notice of referral must set out the details of the matter that is being referred to the Disciplinary Tribunal, and the reasons for the referral.

At the same time as a charge or notice of referral is sent to the Disciplinary Tribunal, a copy must be sent to—

This Part applies to a review under section 499A of the Act of any decision of the Complaints Assessment Committee.

Subclause (2) applies if the Disciplinary Tribunal receives a written notice of an intention to request a review under section 499A of the Act from—

The Disciplinary Tribunal must send a copy of the notice, as soon as practicable, to—

A review conducted under section 499A of the Act by the Disciplinary Tribunal is to be conducted on the papers, unless the Disciplinary Tribunal otherwise directs.

If the Disciplinary Tribunal decides that it will hear from the teacher concerned or the person who made the complaint or report, or referred the matter to the Complaints Assessment Committee,—

The Disciplinary Tribunal must send notice of its decision on review, as soon as practicable, to—

This Part applies to the proceedings of the Disciplinary Tribunal when it conducts a hearing of—

A charge laid with, or matter referred for hearing to, the Disciplinary Tribunal must be allocated by the chairperson—

The parties to a hearing are—

The parties to a hearing are entitled to appear and be heard, in person or by a representative, at the hearing.

The Disciplinary Tribunal may, subject to the Act and these rules, regulate its own procedure in relation to hearings as it thinks fit.

Without limiting subclause (1), the Disciplinary Tribunal may—

The chairperson of the Disciplinary Tribunal, or a chairperson of a panel, may make any procedural or administrative order that the Disciplinary Tribunal may make that is preliminary or incidental to a hearing, including (without limitation) the following:

No charge laid with, or matter referred for hearing to, the Disciplinary Tribunal may be withdrawn except with leave of the Disciplinary Tribunal.

On any application for leave to withdraw a charge, the Disciplinary Tribunal may—

The Disciplinary Tribunal may, before or during the hearing of a charge or notice of referral, amend the charge or notice of referral in any way.

However, the Disciplinary Tribunal may, at the request of the teacher concerned, adjourn the hearing if it is of the opinion that the teacher would be disadvantaged in their defence by reason of an amendment made or proposed to be made under subclause (1).

Notice of a hearing must be sent to—

The notice must give the following details:

The teacher concerned must also be sent information explaining the procedure of the Disciplinary Tribunal and the teacher’s rights and obligations in relation to the hearing.

If a hearing or part of a hearing is held in private in accordance with section 501(4) of the Act, only the following people may be present:

Any person may apply to the Disciplinary Tribunal for revocation of an order prohibiting publication made under section 501(6) of the Act.

The Disciplinary Tribunal may grant the application if it is of the opinion that it is proper to do so, having regard to the interests of any person (including the privacy of any initiator) and to the public interest.

At a hearing, the Disciplinary Tribunal may receive as evidence any document, record, or other information that may in its opinion assist it to deal with the matter before it, whether or not the document, record, or information would be admissible in a court of law.

Subject to subclause (1), the Evidence Act 2006 applies to the Disciplinary Tribunal, subject to all necessary modifications, in the same manner as if the Disciplinary Tribunal were a court within the meaning of that Act.

For the purpose of dealing with a matter before it, the Disciplinary Tribunal, or a person authorised by it in writing to do so, may inspect and examine any documents, records, or other information produced at a hearing.

The Disciplinary Tribunal may require that any information produced to it be verified by statutory declaration or as otherwise specified by the Disciplinary Tribunal.

The Disciplinary Tribunal may of its own motion, or on the application of any party,—

A witness summons may be served—

If a summons is served under subclause (1)(a), it must be served at least 24 hours before the attendance of the witness is required.

If a summons is served under subclause (1)(b), it must be served so that it is received at the address,—

This rule applies to a person—

Before a person described in subclause (1) begins to give evidence in the Disciplinary Tribunal,—

The Disciplinary Tribunal, in its discretion, may arrange for a person described in subclause (1) to give evidence by way of video link or any other alternative means.

If evidence before the Disciplinary Tribunal includes details relating to a person described in subclause (1), the Tribunal must consider whether it is proper to make an order, in accordance with section 501(6) of the Act, prohibiting publication of the name or particulars of the affairs of the person.

When considering whether to make an order under section 501(6) of the Act in respect of a person to whom this rule applies, the Disciplinary Tribunal may have regard to whether the person would be entitled to suppression under the Criminal Procedure Act 2011, if that Act applied.

Orders of the Disciplinary Tribunal must be in writing.

An order, other than a procedural or an administrative order made by the chairperson of the Disciplinary Tribunal or the chairperson of a panel, must—

Every order takes effect on the date on which the order is received by the teacher concerned, unless a later date is specified in the order, in which case it takes effect on that later date.

Nothing in this rule prevents the Disciplinary Tribunal from making oral interlocutory orders immediately before, during, or immediately after a hearing for the purposes of ensuring compliance with these rules by any person.

The Teaching Council must monitor whether a teacher complies with any conditions imposed by the Disciplinary Tribunal.

The Teaching Council may refer any failure to comply with a condition to the Complaints Assessment Committee of its own motion as it sees fit.

On receipt of an application for interim suspension under section 498 of the Act, the chairperson of the Disciplinary Tribunal must consult, by telephone, email, or another method that is reasonably available, with at least 2 other members of the Tribunal as to whether the teacher’s practising certificate or authority to teach should be suspended.

Written notice of an order suspending a teacher’s practising certificate or authority to teach must be sent immediately to—

The notice must be in writing and must—

This Part applies to a report, complaint, or other matter concerning a teacher’s competence.

When investigating a report, complaint or other matter referred to them by the chief executive or the Triage Committee, a professional practice evaluator may take any steps that the professional practice evaluator considers are necessary, including 1 or more of the following:

A professional practice evaluator may refer a report or complaint back to the chief executive or Triage Committee (as the case may be) for reconsideration.

The chief executive or Triage Committee (as the case may be) must take into account relevant findings of any investigation already undertaken by the professional practice evaluator when reconsidering the report or complaint.

The professional practice evaluator must prepare a report after completing the investigation.

The report must include an assessment from the professional practice evaluator as to whether the teacher has attained the required level of competence.

If the assessment is that the teacher has not attained the required level of competence, then the report may recommend an appropriate outcome (as set out in section 508 of the Act).

Before finalising the report, the professional practice evaluator must—

A copy of the report must be provided to the teacher.

If a professional practice evaluator prepares a report under rule 41 that includes—

If the chief executive receives a referral under subclause (1)(a), the chief executive may only—

If a report is referred to the Competence Authority, the teacher concerned must be notified of the meeting at which the report is to be considered.

At the time of notification, the teacher must also be provided with the report and any documentation that is to be provided to the Competence Authority.

The teacher must be given a reasonable opportunity to be heard, in person or by counsel or another representative, at a meeting of the Competence Authority.

On receiving a report from a professional practice evaluator or the chief executive (see rule 43), the Competence Authority must consider the report at a meeting of the Competence Authority.

A meeting of the Competence Authority must include at least 3 members, and at least 1 of the members present must be from the same sector as the teacher (that is, early childhood, primary, or secondary).

The Competence Authority may do any of the following:

A meeting of the Competence Authority may be in person, by telephone conference or video link, by exchange of email, or by any means that are necessary or convenient.

The following people may be present at a meeting of the Competence Authority:

If the Competence Authority considers that the attendance of the teacher’s current employer is desirable, it must notify the teacher of its intention to contact the employer for the purpose of requesting the employer’s attendance.

The teacher may request to be heard by any means that would be permitted under subclause (4).

A request under subclause (7) must not be unreasonably refused.

The teacher—

The Teaching Council must monitor whether a teacher complies with any conditions imposed by the Competence Authority.

The Teaching Council may refer any failure to comply with a condition to the Complaints Assessment Committee of its own motion as it sees fit.

The chief executive must, as soon as practicable, give written notice of the decision of the Competence Authority to the following people:

This Part applies to an application for registration as a teacher if—

If any of the criteria in subclause (1) apply, the chief executive may refer the application to the Registration Panel.

The Registration Panel may make a decision on the whole application, not only the matter giving rise to the referral.

If an application for registration is referred to the Registration Panel, the chief executive must notify the applicant that a referral has been made.

The notice to the applicant must—

The applicant must be provided with any report or other documentation that will be provided to the Registration Panel.

The applicant must be given an opportunity to provide further information for the Registration Panel to consider, which may be in the form of written submissions.

At a meeting of the Registration Panel, the Registration Panel must consider an application for registration that has been referred to it and decide if the application meets the criteria for registration in clause 2 of Schedule 3 of the Act.

The applicant must be given a reasonable opportunity to be heard, in person or by counsel or another representative, at the meeting.

Before making a decision on an application for registration, the Registration Panel may do any of the following:

There must be at least 3 members at each meeting of the Registration Panel, where—

A meeting of the Registration Panel may be in person, by telephone conference or video link, by exchange of emails, or by any other means that are necessary or convenient.

A notice of the Registration Panel’s decision must be sent to the applicant as soon as practicable.

A Complaints Assessment Committee is established.

The Teaching Council must appoint the members of the Committee, subject to section 494 of the Act.

The Complaints Assessment Committee must comprise at least 5 people.

The Complaints Assessment Committee may exercise any or all of the functions and powers of the Teaching Council necessary for the Complaints Assessment Committee to deal with matters under these rules.

Subclause (1) does not restrict the ability of the Teaching Council to exercise any of its functions or powers.

A panel of the Complaints Assessment Committee must comprise at least 3 people.

The majority of members in a panel must be teachers with a current practising certificate.

A panel may perform and exercise, in relation to a matter allocated to it, all the functions and powers of the Complaints Assessment Committee.

A Disciplinary Tribunal is established.

The Teaching Council must appoint the members of the Disciplinary Tribunal, subject to section 494 of the Act.

The Disciplinary Tribunal must have at least 5 members.

The Teaching Council must appoint as chairperson of the Disciplinary Tribunal a person who—

The Teaching Council may appoint 1 or more deputy chairpersons.

A deputy chairperson must be qualified under these rules for appointment as the chairperson of the Tribunal.

A deputy chairperson may perform all the functions, and exercise all the powers, of the chairperson during the period of the deputy chairperson’s appointment.

A panel of the Disciplinary Tribunal must consist of 3 members of the Tribunal, unless the chairperson directs that there be more than 3 members.

If a panel does not include the chairperson or deputy chairperson of the Tribunal, the chairperson of the Teaching Council must appoint a member of the panel to act as chairperson for the hearing.

Members of the Tribunal may be on more than 1 panel at a time.

A panel may perform and exercise, in relation to a matter allocated to it, all the functions and powers of the Tribunal.

The chairperson of the Tribunal may remove a member of a panel, and may substitute a different member, in order to comply with this rule or if it is otherwise in the interests of the just and efficient disposal of the proceedings before the panel.

A Competence Authority is established.

The Teaching Council must appoint the members of the Competence Authority, subject to section 505 of the Act.

The Competence Authority must have at least 5 members.

All members must hold a current practising certificate except for members appointed under section 505(3) of the Act.

A panel of the Competence Authority must comprise at least 3 people.

A panel may perform and exercise, in relation to a complaint, a report, or any other matter referred to it, all of the functions and powers of the Competence Authority.

The Competence Authority may co-opt up to 2 members onto the Authority for their specialist knowledge and expertise in relation to a particular complaint.

An investigator or a professional practice evaluator may exercise any or all of the functions and powers of the Teaching Council necessary for the investigator or professional practice evaluator to deal with matters under these rules.

Subclause (1) does not restrict the ability of the Teaching Council to exercise any of its functions or powers.

An investigator or a professional practice evaluator is not personally liable for an act or omission of the investigator or the professional practice evaluator acting in their capacity as an investigator or a professional practice evaluator and in good faith.

The Teaching Council must indemnify an investigator or professional practice evaluator for acts or omissions done in their capacity as an investigator or a professional practice evaluator and in good faith.

The Registration Panel must have at least 5 members.

The Teaching Council must appoint the members of the Registration Panel.

The Teaching Council delegates its powers and functions under clauses 1 to 4 of Schedule 3 of the Act to the Registration Panel in relation to applications for registration as a teacher to which Part 7A applies.

Registration Panel members are appointed to exercise the powers and perform the functions delegated under subclause (1) in accordance with—

A term of appointment to a disciplinary body, the Competence Authority, or the Registration Panel must be no longer than 3 years.

Before appointing a person to a disciplinary body, the Competence Authority, or the Registration Panel, the Teaching Council must—

A person who is a member of a disciplinary body, the Competence Authority, or the Registration Panel may be reappointed as a member of that body.

However, the person may not be reappointed to that body for more than 3 consecutive terms (or a lesser period determined by the Teaching Council).

The Teaching Council may notify a member of a disciplinary body, the Competence Authority, or the Registration Panel that, subject to the procedure in subclauses (2) and (3) being followed, they are to cease to hold office as a member on the date specified in the notice.

The notice to the member must state—

A person who has been notified in accordance with subclauses (1) and (2) ceases to be a member only after the person has had an opportunity to respond to the proposal and the Teaching Council has considered the person’s response before deciding whether to proceed with the proposal.

Subclause (5) applies if a person who is a member of a disciplinary body, the Competence Authority, or the Registration Panel ceases to hold office (whether in accordance with subclauses (1) to (3), or because they have resigned, or because their term or appointment has expired).

With the written agreement of the chairperson of the Teaching Council,—

A person who ceases to be a member of a disciplinary body, the Competence Authority, or the Registration Panel is not entitled to any compensation or other payment or benefit relating to the person’s removal from office, irrespective of the reason for that removal.

The rule applies if a matter is allocated to a relevant panel under these rules or the Act.

A person must not be a member of the relevant panel if—

If the chief executive considers that a person is a member of a relevant panel in breach of subclause (2), the chief executive must—

In this rule, relevant panel means—

The validity of proceedings or a decision of the Complaints Assessment Committee, Disciplinary Tribunal, Competence Authority, Registration Panel, or a panel of any of the preceding bodies is not affected by—

However, all members must be present during any deliberations.

Information disclosed to, or held by, a professional practice evaluator, the Competence Authority, or the Complaints Assessment Committee in respect of a report or complaint or other matter is confidential.

Despite subclause (1),—

The Teaching Council must obtain a Police vet of the following applicants for the following purposes:

The Teaching Council must, in relation to an applicant for whom a Police vet is required,—

If an applicant does not consent to a Police vet or does not provide the information necessary for a Police vet to be carried out, the Teaching Council must not take any further steps in relation to their application, including obtaining a Police vet.

The Teaching Council must establish and maintain with the Police secure information-sharing processes that relate to Police vets.

The Teaching Council must ensure that strict confidentiality is maintained for the information obtained through a Police vet.

The Teaching Council must not take any adverse action as a result of the information obtained through the Police vet until the applicant—

In determining whether to take adverse action as a result of the information obtained through the Police vet, the Council must have regard to—

This Part applies if—

In this Part, unless the context otherwise requires,—

A teacher must complete a new or beginning teacher practice plan before the Teaching Council may issue a renewed provisional practising certificate if the teacher—

However, unless the Teaching Council grants an exemption, a teacher must complete a teacher education refresh programme before the Teaching Council may issue a renewed provisional practising certificate if the teacher—

A teacher must complete a return to practice plan before the Teaching Council may issue a renewed full category 1 practising certificate or a renewed full category 2 practising certificate if the teacher—

However, a teacher may be required to complete a teacher education refresh programme before the Teaching Council may issue a renewed full category 1 practising certificate or a renewed full category 2 practising certificate if the teacher has, over a period of 5 years or more, renewed their full category 1 practising certificate or full category 2 practising certificate by means of completing a return to practice plan.

Despite anything in rules 66C and 66D, unless the Teaching Council grants an exemption, a teacher must complete a teacher education refresh programme before the Teaching Council may issue a relevant practising certificate if the teacher—

The following rules are revoked: