New Zealand Legislation: Acts

139AL Mandatory reporting of complaints received about former employees

• (1) The former employer of a teacher must immediately report to the Teachers Council if, within 12 months after a teacher ceases to be employed by the employer, the employer receives a complaint about the teacher's conduct or competence while he or she was an employee.

  (2) Every report under this section—

  • (a) must be in writing; and

  • (b) must set out the nature of the complaint; and

  • (c) may include any additional information that the employer considers relevant.

  (3) A former employer must not report a complaint under this section if—

  • (a) it is satisfied that the complaint is malicious, vexatious, or without any foundation; or

  • (b) the complaint is about competence, and the complaint does not meet the Teachers Council's criteria for reporting about competence issues.

  Section 139AL: inserted, on 1 September 2004, by section 37(1) of the Education Standards Act 2001 (2001 No 88).