Mandatory reporting

Mandatory reporting of possible serious misconduct

The employer of a teacher must immediately report to the Education Council if it has reason to believe that the teacher has engaged in serious misconduct.

The report must be in writing, include a description of the conduct of the teacher that the employer believes to be serious misconduct and a description of what action, if any, the employer has taken in relation to it.

Mandatory reporting–Education Act section 394 – Legislation website

Serious misconduct

If an employee's behaviour constitutes serious misconduct the employer can summarily dismiss the employee.

There is no simple test for determining what constitutes serious misconduct.

Before taking any action contact NZSTA.

Mandatory reporting to the Education Council is also required if, within 12 months after a teacher ceases to be employed by the employer, the employer receives a complaint about the teacher’s conduct or competence while he or she was an employee.

Mandatory reporting–Education Act section 393 – Legislation website

Failure to make a mandatory report is an offence under the Education Act.

Further information

When and how to make mandatory reports – Education Council

Updated: June 2017

Tell a colleague | Back to top