Mandatory reporting

Mandatory reporting of possible serious misconduct

The employer of a teacher must immediately report to the Teaching 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.

Education and Training Act 2020, section 491 – 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 Teaching 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.

Education and Training Act 2020, section 490 – Legislation website

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

Further information

Making a mandatory report – Teaching Council

Updated: August 2020

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