Hearing process
Understand what happens when a disciplinary charge is referred to the Disciplinary Tribunal by the Complaints Assessment Committee (CAC), how hearings are conducted and what to expect if you're involved.
How the Tribunal process works
Before the hearing
The Tribunal prepares the case, sets a timetable for evidence and submissions, and confirms hearing arrangements.
The hearing
The Tribunal considers evidence and submissions from the parties.
Decision and next steps
The Tribunal makes its decision and communicates the outcome.
On this page
Before the hearing
When the Complaints Assessment Committee (CAC) refers a matter to the Disciplinary Tribunal, the Tribunal considers it independently, based on the evidence and submissions before it.
This page explains the process for disciplinary charges referred by the CAC. Other matters considered by the Tribunal, such as reviews of certain CAC decisions, follow a different process.
What happens first?
The Tribunal process begins when the CAC files a notice of charge or referral. The teacher, the person who made the complaint or report, and the teacher's current employer are also sent a copy, if applicable.
The Tribunal Coordinator then organises a Pre-Hearing Conference (PHC), which is usually held online, to prepare the case.
At the conference, the Tribunal will generally:
- Set a timetable for providing evidence and submissions, and confirm hearing dates.
- Confirm the hearing format and arrangements.
- Consider procedural matters, including any applications for name suppression or non-publication orders.
A Notice of Hearing is then sent to the parties, confirming the arrangements and Tribunal panel members. Any objection to a panel member must be made within five days of receiving the notice.
Information for people involved
The experience is different for each person involved. The teacher is the respondent and a party to the proceeding. The CAC is the other party and is represented by a lawyer. A complainant or the teacher's current employer may have an important role in the matter but are not necessarily parties to the Tribunal proceeding.
What to expect: teacher / respondent
Once a charge has been referred to the Tribunal, the teacher becomes the respondent.
The teacher can represent themselves or have a lawyer or other representative present their case.
The teacher will receive the notice of charge and information about the Tribunal process. They will be expected to meet the deadlines set at the Pre-Hearing Conference for providing evidence and submissions.
The teacher should use the pre-hearing period to understand the charge, obtain legal advice if required, gather relevant evidence and prepare their response.
The teacher can also raise issues such as non-publication orders during the pre-hearing process. Applications for permanent suppression should preferably be made before the hearing and need to be supported by reasons and evidence.
Related guides
What to expect: complainant or person who made the report
The person who made the complaint or mandatory report is notified when a matter is referred to the Tribunal. They are not automatically a party to the proceeding.
They may be asked to give evidence as a witness. If so, they can have a support person, and the Tribunal can make arrangements or orders about how they give their evidence.
The Tribunal determines the disciplinary matter independently and does not act for or represent the complainant.
What to expect: school, early childhood education centre or current employer
The teacher's current employer receives the notice of charge or referral but is not a party to the proceeding.
The employer may have provided information during the investigation, and people from the school or centre may be called as witnesses.
The Tribunal's process is separate from the employer's employment responsibilities. Employment decisions remain a matter for the employer.
The hearing
There are three ways a matter may be heard:
| Hearing format | What to expect |
|---|---|
In-person | An in-person hearing takes place before a Tribunal panel. Hearings are generally open to the public and media unless the Tribunal orders that all or part of the hearing is private. Some evidence may be received in writing or by audiovisual link (AVL). |
Online - Audiovisual link (AVL) | An AVL hearing is conducted online, using Microsoft Teams. It generally follows the same process as an in-person hearing. The parties receive a link to join the hearing. |
On the papers | The Tribunal considers written submissions and evidence from both parties without an oral hearing. This may be used where it is convenient, practical and fair to determine the matter this way. There is no hearing for the public or parties to attend, as the matter is considered on the papers. |
What happens during a hearing?
During an in-person or online hearing, the Tribunal considers evidence and submissions from both parties.
- The CAC presents its case. The CAC's lawyer makes an opening statement, presents evidence and may call witnesses.
- The teacher presents their case. The teacher or their representative responds, presents evidence and may call witnesses.
- Both parties make closing submissions. Each has an opportunity to summarise their position.
- The Tribunal considers the evidence. The panel determines what conduct occurred, on the balance of probabilities, and whether disciplinary action is warranted.
The Tribunal panel deliberates in private before reaching its decision.
What does an in-person hearing look like?
The Tribunal usually sits as a three-member panel, with a Tribunal Coordinator present to manage proceedings.
The CAC's lawyer and the teacher or their representative sit at separate tables. Witnesses are called to give evidence when required.
Hearings are generally open to the public and media unless the Tribunal orders that all or part of a hearing is private.
Decision and what happens next
After considering the case, the Tribunal issues a written decision.
The decision is sent to the parties and their representatives, the teacher's current employer, and the person who initiated the complaint or mandatory report.
Depending on its findings, the Tribunal can take a range of actions, including censure, imposing conditions, suspension, annotation of the teacher's registration, referral for a competence or impairment process, or cancellation of registration or authorisation. It can also decide that no further action is required.
Decisions are generally published after the appeal period, subject to any suppression or non-publication orders.
Practice Notes and guidance
Practice Notes provide guidance about particular aspects of the Tribunal's work and procedures.
They help teachers, lawyers, representatives and other participants understand what the Tribunal expects and how particular matters are dealt with.
Practice Notes should be read alongside the relevant legislation, Tribunal rules and directions made in an individual case. They do not replace legal advice.
Costs Practice Note
The Tribunal's Costs Practice Note explains how the Tribunal approaches applications for costs and the circumstances it considers when deciding whether a teacher should contribute towards the costs of the CAC and the Tribunal.
Frequently asked questions
Tribunal hearings are generally open to the public and media, unless the Tribunal orders that all or part of a hearing is private.
If you wish to attend, check the current hearing schedule for details. Hearing arrangements may change at short notice.
The Tribunal may order that all or part of a hearing be held in private. This does not necessarily mean that the Tribunal's decision will remain private.
Any publication restrictions will be reflected in the published decision.
You may be asked to give evidence if you have information relevant to a disciplinary matter.
Witnesses are called to give evidence when required and may be questioned by the parties and Tribunal members.
The Tribunal will provide information about the hearing arrangements and what to expect.
The Tribunal can consider applications for name suppression. Suppression is not automatic, and applications must be supported by reasons and evidence.
Applications for permanent name suppression should preferably be made before the hearing.
Disciplinary Tribunal decisions are generally made public after the appeal period has ended. The Tribunal publishes its decisions to support transparency and the principle of open justice.
The parties have 28 days to appeal the Tribunal's decision to the District Court. After this period, decisions are generally published on the Tribunal's website. If an appeal is lodged, publication may be affected by the appeal process.
Once published, a decision is publicly available to anyone, including teachers, employers, members of the public, researchers, and the media.
The Tribunal may make orders restricting the publication of names or other identifying information. Where a suppression or non-publication order applies, the published decision will be redacted accordingly.
Tribunal decisions may be appealed to the District Court in accordance with the Education and Training Act 2020.
Appeals are subject to statutory requirements and time limits. Anyone considering an appeal should seek independent legal advice.
