NSWIn ForceAct
Teacher Accreditation Act 2004
38AUnsuitability to teach
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#### 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—
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> > > (a) considering the person’s criminal and disciplinary history, the individual is not, in the Authority’s opinion, a suitable person to teach, or
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> > > (b) the individual fails to meet a standard in the professional teaching standards in relation to the individual’s suitability to teach, or
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> > > (c) in the Authority’s opinion, the individual is for another reason—
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> > > > (i) not a fit and proper person to teach, or
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> > > > (ii) unable to teach competently.
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> > (2) Despite another provision of this Act, if the Authority decides the individual is not suitable for teaching, the Authority—
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> > > (a) if the individual has applied for accreditation under this Part—must refuse to accredit the individual, or
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> > > (b) if the individual holds an accreditation granted under this Part—may do 1 or more of the following—
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> > > > (i) impose conditions on the accreditation as considered appropriate by the Authority in the circumstances,
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> > > > (ii) suspend the accreditation,
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> > > > (iii) revoke the accreditation.
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> **s 38A:** Ins 2021 No 41, Sch 1\[27\].