Conduct Concerns

The Teacher Registration Act 2000 (the Act) gives the TRB authority to investigate complaints regarding the professional conduct or competence of someone who is (or was) a registered teacher or the holder of a Limited Authority to Teach (LAT).

Complaints Against Teachers and LAT Holders

In the first instance, a complaint should be raised with the teacher or LAT holder’s employer(s) and the employer(s) should be given the opportunity to act on the complaint.

Is the TRB the Right Organisation to Handle My Complaint?

Does the complaint relate to an administrative matter e.g. issues about school uniforms, school reports, or the application of a policy including curriculum?

If yes, you should direct your complaint to the school or employing authority. This is outside the legislative authority of the Board.

Does your complaint concern employee performance e.g. allegations about a teacher’s management and/or performance as an employee?

If yes, you should direct your complaint to the school or employing authority. This is outside the legislative authority of the Board.

Does your complaint relate to criminal activity?

If yes, and if you have not already done so, you should also refer your concerns to Tasmania Police.
Note: In accordance with section 17L of the Teachers Registration Act 2000, there are arrangements between the Board and Tasmania Police for the sharing of information.

Does your complaint involve official misconduct e.g. conduct that could, if proved, be a criminal offence or reasonable grounds for terminating the person’s employment?

If yes, you should refer your complaint to the employer. The Board may also want to consider this matter and we encourage you to also report your concern to the TRB.

Does your complaint raise concerns about the teacher’s conduct i.e has the teacher behaved in a way that may not satisfy the standard of behaviour generally expected of a teacher?

If yes, this is a complaint that the Board has the legislative authority to address.

Does your complaint concern employee performance e.g. allegations about a teacher’s management and/or serious incompetence as a teacher?

If yes, this is a complaint that the Board has the legislative authority to address.

Lodging a complaint

Who can I make a complaint against?

Section 19 of the Teachers Registration Act 2000 relates to complaints. It states that a person may complain to the Board about the professional conduct of a person who is/was either:

a registered teacher
the holder of a Limited Authority to Teach (LAT).

The Board only has authority under the Act regarding complaints that involve registered teachers and LAT holders in Tasmania.

What can I make a complaint about?

The Board can investigate complaints about the professional conduct or competence of a registered teacher or LAT holder.

What action can the Board take in relation to my complaint?

Under Section 24 of the Act, the Board may:

caution the person
impose a condition on the person’s registration
suspend a person’s registration for a period and subject to conditions
cancel the person’s registration
make a determination that the person is unfit to be a teacher or is not of good character
determine that the complaint is without substance.

See also: Can the Board dismiss my complaint?
As a consequence of the available decisions, it is unlikely that disciplinary action would be undertaken by the Board against an individual who was not a recently registered teacher or LAT holder.

Can the Board dismiss my complaint?

If the complaint does not relate to the professional conduct of a registered teacher or holder of a limited authority to teach, it is not a valid complaint under Section 19 of the Act and cannot be accepted by the Board.

After conducting a preliminary assessment of the complaint, the Board may dismiss a complaint without taking further action for any of the following reasons:

if the complaint is vexatious, misconceived, frivolous, or lacking in substance
that the details of the complaint have previously been dealt with
the Board believes it is not in the public interest to conduct an inquiry
the matter should be referred to another more appropriate body
due to the passage of time, it is impossible or inappropriate to conduct an inquiry.

I’ve submitted a complaint, what happens next?

The Board must consider if your complaint is within an area of the Board’s responsibility, whether they are the appropriate body, and what action has been undertaken prior to the complaint being submitted to the Board.

Your complaint will be acknowledged and assigned to a case officer
The case officer will consider the information you have provided
If the complaint is a matter for the Board to deal with, Board staff will undertake a preliminary assessment
Following the preliminary assessment, a report will be prepared for the Professional Conduct Committee (PCC), as the delegate of the Board
The PCC will determine any further action, for example:
- whether the matter is dismissed
- whether the matter proceeds to an inquiry, if reasonably satisfied it is in the public interest to do so.

At all stages of the process, the case officer will be in contact with you to inform you of the progress of your complaint.

How do I lodge a complaint?

If after reading the information above, you have determined you wish to submit a complaint, please submit your completed Complaint Form to conduct@trb.tas.gov.au.

Please note:

If you would like to make a complaint about more than one registered teacher or LAT holder, please complete a separate form for each person.In addition to submitting a completed complaint form, you may provide any supporting documentation or evidence you believe is relevant to the Board in its consideration of your complaint.Your name, copies of the complaint form, and any documents you provide to the Board will be provided to the person who the complaint is against.

If you have any questions or require assistance in completing the complaint form, please contact the Professional Conduct team on (03) 6165 5977 or email conduct@trb.tas.gov.au.