New Zealand Legislation: Acts

139AT Powers of Complaints Assessment Committee

• (1) The Complaints Assessment Committee may investigate any complaint or report referred to it under section 139AS.

  (2) Following an investigation, the Complaints Assessment Committee may, in respect of any matter other than a conviction to which section 139AV relates, do any of the following:

  • (a) dismiss the matter, or resolve to take it no further:

  • (b) refer the teacher concerned to a competency review:

  • (c) refer the teacher concerned to an impairment process which may involve either or both of the following:

    • (i) assessment of an impairment:

    • (ii) assistance with an impairment:

  • (d) by agreement with the teacher and the person who made the complaint or report, do any of the following:

    • (i) censure the teacher:

    • (ii) impose conditions on the teacher's practising certificate or authority, such as (without limitation) requiring the teacher to undergo supervision or professional development:

    • (iii) suspend the teacher's practising certificate or authority for a specified period, or until specified conditions are met:

    • (iv) annotate the register or the list of authorised persons in a specified manner.

  (3) The Complaints Assessment Committee may, at any time, refer a matter to the Disciplinary Tribunal for a hearing.

  (4) The Complaints Assessment Committee must refer a matter concerning a teacher to the Disciplinary Tribunal if it is satisfied on reasonable grounds that—

  • (a) the teacher has engaged in serious misconduct; and

  • (b) the matter should be referred to the Disciplinary Tribunal.

  (5) If a matter is referred to the Disciplinary Tribunal under subsection (4), a notice must be sent to the teacher concerned setting out the charge of misconduct against him or her.

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

  Section 139AT(2): amended, on 17 May 2006, by section 29(1) of the Education Amendment Act 2006 (2006 No 19).

  Section 139AT(2)(c): substituted, on 20 May 2010, by section 38 of the Education Amendment Act 2010 (2010 No 25).

  Section 139AT(2)(d): substituted, on 17 May 2006, by section 29(2) of the Education Amendment Act 2006 (2006 No 19).

  Section 139AT(4): substituted, on 17 May 2006, by section 29(3) of the Education Amendment Act 2006 (2006 No 19).

  Section 139(5): added, on 17 May 2006, by section 29(3) of the Education Amendment Act 2006 (2006 No 19).