Disciplinary Tribunal Process
What types of cases does the Disciplinary Tribunal deal with?The Disciplinary Tribunal deals with issues of serious misconduct and serious convictions. The Disciplinary Tribunal does not investigate complaints or reports. It is a quasi-judicial body which conducts hearings when charges are brought by the Complaints Assessment Committee (CAC). The CAC instructs a lawyer to prosecute the teacher, and the teacher usually instructs a lawyer to act in his or her defence.
Who is given notice of a Disciplinary Tribunal hearing?
- The teacher concerned.
- The teacher's current employer.
Who may attend a Disciplinary Tribunal hearing?The only parties to a Disciplinary Tribunal hearing are the teacher and the CAC.
These are the only people who can attend a hearing as of right. Disciplinary Tribunal hearings are held in private, although any person can make an application:
- for the hearing, or part of the hearing, to be held in public;
- to be allowed to attend a private hearing;
- for an order allowing the publication of the teacher's name, or any information that was disclosed at the hearing.
What happens if someone makes an application to be allowed to attend a hearing?If one of the above applications is made, the Disciplinary Tribunal will hold a private hearing to decide whether the application should be granted. This may be a teleconference. The teacher, the CAC, the person making the application, the person who made the original complaint or report (the initiator), and the teacher's current employer are all entitled to attend the hearing and be heard. The Disciplinary Tribunal may grant the application and make the appropriate orders, if it is satisfied that it is desirable to do so, having regard to the interests of any person and to the public interest. Any person can apply to the Disciplinary Tribunal to have the orders revoked.
What does the Chairperson of the Disciplinary Tribunal do?The chairperson of the Disciplinary Tribunal is an experienced lawyer. The chairperson presides over Disciplinary Tribunal hearings, and signs decisions and orders made by the Tribunal. The chairperson also makes procedural and administrative orders, such as timetabling orders, or an order on the way in which certain evidence will be given.
Who decides which members of the Disciplinary Tribunal sit on each hearing?When a charge is laid, the chairperson selects four members of the Disciplinary Tribunal to sit on the particular hearing.
What if the teacher or the CAC think a proposed member of the Disciplinary Tribunal has a conflict of interest?The Rules allow 5 working days for the parties to object to the membership of the Disciplinary Tribunal on the grounds of a conflict of interest.
Will the decisions of the Disciplinary Tribunal be published?The New Zealand Teachers Council may publish a report or account of the hearing, or limited other information, but must do so in a way that preserves the anonymity of the parties.
For information about procedure in Disciplinary Tribunal hearings, click here.
More information about the powers and procedures of the Disciplinary Tribunal can be found in Part 10A of the Education Act 1989, and in Part 3 of the New Zealand Teachers Council (Conduct) Rules 2004. (pdf 110k)
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