Teacher Accreditation Act 2004
38AUnsuitability to teach
Start here
Get a plain-English read of 38A
Turn the raw legal text into a practical explanation grounded in Teacher Accreditation Act 2004.
38A Unsuitability to teach
38A Unsuitability to teach
(1) The Authority may, after carrying out an assessment, decide an individual is not suitable for teaching if—
(a) considering the person’s criminal and disciplinary history, the individual is not, in the Authority’s opinion, a suitable person to teach, or
(b) the individual fails to meet a standard in the professional teaching standards in relation to the individual’s suitability to teach, or
(c) in the Authority’s opinion, the individual is for another reason—
(i) not a fit and proper person to teach, or
(ii) unable to teach competently.
(2) Despite another provision of this Act, if the Authority decides the individual is not suitable for teaching, the Authority—
(a) if the individual has applied for accreditation under this Part—must refuse to accredit the individual, or
(b) if the individual holds an accreditation granted under this Part—may do 1 or more of the following—
(i) impose conditions on the accreditation as considered appropriate by the Authority in the circumstances,
(ii) suspend the accreditation,
(iii) revoke the accreditation.
s 38A: Ins 2021 No 41, Sch 1[27].