How complaints are dealt with
When complaints are dealt with by the NZ Teachers Council
The NZ Teachers Council investigates disciplinary and competency issues in the following situations:
- Where a complaint or report about a teacher was made before 1 September 2004, and where the teacher does not agree to the complaint or report being dealt with under the new legislation. In this case, the previous legislation still applies, and the complaint or report can only be considered when the teacher applies to renew his or her practising certificate, or applies for full registration. The range of outcomes available to the CAC are not available to the Teachers Council in this situation.
- Where a teacher whose registration has been cancelled applies to be re-registered. This falls outside the jurisdiction of the CAC under the Education Act 1989.
- Where a teacher applying for registration has serious convictions. Unless these convictions occurred while the teacher was registered, they cannot be considered by the CAC.
- All complaints and reports about a teacher's competency made after 1 September 2004 are dealt with by the NZ Teachers Council. Amendments to the Education Act 1989 that came into force on 1 September 2004 gave the Council new powers and processes for dealing with competency matters.
Related links:
The NZ Teachers Council's process for considering historical complaints, applications from teachers with convictions, or applications from cancelled teachers
Procedure in NZ Teachers Council hearings
The NZ Teachers Council's process for considering reports and complaints about teacher competence
NZ Teachers Council decisions
When complaints are dealt with by the Complaints Assessment Committee (CAC)
The CAC deals with complaints and reports about teachers' conduct made after 1 September 2004. It also deals with complaints and reports made before 1 September 2004, if the teacher has given written consent to the matter being dealt with by the CAC.
The CAC deals with all reports about teachers' criminal convictions, where the offence carries a maximum penalty of three months or more.
Related links:
CAC process and powers
CAC composition and members' details
When complaints are dealt with by the Disciplinary Tribunal
The function of the Disciplinary Tribunal is to hold hearings into teacher misconduct or convictions. The Disciplinary Tribunal cannot initiate an investigation. The Disciplinary Tribunal is a quasi-judicial body which holds formal hearings, with the CAC acting as the prosecutor. The CAC lays a charge with the Disciplinary Tribunal when it is satisfied a teacher has engaged in serious misconduct, and may also refer any other matter to the Disciplinary Tribunal for a hearing. This usually occurs when the CAC and the teacher are unable to reach agreement on an appropriate outcome.
Related links:
Disciplinary Tribunal process and powers
Procedure in Disciplinary Tribunal hearings
Disciplinary Tribunal composition and members' details
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