Seeking a review
Under the Teacher Accreditation Act 2004, a teacher can request a review in response to their accreditation being revoked or suspended for any reason
Requesting a review
A teacher who has been advised their accreditation has been revoked or suspended for any reason under the Teacher Accreditation Act 2004 may request a review.
The request must be lodged with NESA within 28 days of the date listed on the original notification.
The request must include:
- the teacher’s registration number (formerly institute number)
- the mailing address to send the response, and
- a summary and any relevant supporting material justifying why a review should be undertaken.
It should be addressed to:
Chief Executive Officer
NSW Education Standards Authority
GPO Box 5300
SYDNEY NSW 2001
NESA commences a review
NESA will appoint an Inspector who has not previously been involved, to review the case and any subsequent material provided by the teacher.
They will prepare evidence for the Chief Executive Officer who will make the decision.
NESA makes a decision
The Chief Executive Officer will review the case and either uphold or remove the accreditation decision within 21 days and provide a written response to the teacher at the address provided.
The response will:
- advise the outcome of the appeal
- provide reasons for the decision
- and, if the decision is to ‘uphold’, advise the teacher of their right to have the decision reviewed by the NSW Civil and Administrative Tribunal (NCAT) should they wish to do so.
Requesting a review by NCAT
This is the final avenue of appeal under the Teacher Accreditation Act 2004. The teacher may apply for an administrative review of their revoked or suspended accreditation under the Administrative Decisions Review Act 1977.
If the appeal finds the decision should be ‘upheld’ the teacher will be unable to teach in any NSW school or approved centre-based early childhood service. The teacher’s employment will be terminated under Section 29(1) of the Act.
NESA will alert all employers and other Australian teacher regulatory bodies with details of the teacher’s suspension/revocation.
If the appeal finds the decision should be ‘removed’ the teacher will be able to return from suspension and will be notified of the new timeframe to complete maintenance of accreditation requirements.