Education and Training Reform Act 2006 (Vic)

Under Part 2.4 of the Education and Training Reform Act 2006 (Vic) action may be taken against a teaching service employee who engages in “misconduct.” This includes a teaching service employee who :

  • conducts himself or herself in a disgraceful, improper or unbecoming manner in an official capacity or otherwise; or
  • commits an act of misconduct; or
  • during his or her period of service is convicted or found guilty of a criminal offence punishable by imprisonment or a fine; or
  • is negligent or incompetent in the discharge of his or her duties; or
  • contravenes a Ministerial Order; or
  • without reasonable excuse, contravenes or fails to comply with a lawful direction given to the employee by a person with authority to give the direction; or
  • is unfit on account of character or conduct to discharge his or her duties.

For more information see, the Department’s Guidelines for Managing Complaints, Unsatisfactory Performance and Misconduct on the Department’s HR Web.

Ministerial Order made under the Education and Training Reform Act 2006

The Teaching Service (Employment Conditions, Salaries, Allowances, Selection and Conduct) Order 2009 is made under the Education and Training Reform Act 2006 and applies to the Victorian Government Teaching Service. It contains a section on conduct and duties for the Victorian Government Teaching Service. Clause 11.1.7 (1) provides that an employee must not:

  • behave in any way which would impair the employee’s influence over students or standing in the community generally; or
  • during or outside the hours of duty, act in any manner unbecoming his other position.

For more information see, Department’s Guidelines for Managing Complaints, Unsatisfactory Performance and Misconduct on the Department’s HR Web.