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Investigations

A complaint or investigation against you: what happens and what to do

Facing a misconduct investigation as a teacher? How it works in NSW, VIC, QLD and WA, your procedural fairness rights and the first steps to take.

✓ By the TeacherPay AU Editorial Team · fact-checked against official sources Updated 17 October 2026 8 min read
On this page (8 sections)
  1. Who handles complaints about teachers in each state
  2. How a misconduct process usually runs
  3. Victoria, Queensland and WA in brief
  4. Your first steps if you are told about a complaint
  5. Suspension, pay and leave during an investigation
  6. Can you resign during an investigation?
  7. What it means for your registration
  8. FAQs

The short answer

If a complaint is made about you, your employer first decides whether it needs action at all. Serious matters go to a central conduct unit, and you get the allegations in writing and time to respond: in NSW at least 14 days for a written reply. Contact your union early, say little until you have advice, and keep records.

  • Most complaints are resolved locally or with no action; a formal investigation is not a finding against you.
  • You have a right to procedural fairness: to know the allegations and to respond before any decision.
  • Some matters must be reported to your registration body and other agencies.

Who handles complaints about teachers in each state

Government school systems send serious complaints to a central unit rather than leaving them with the principal. The names change often, so here are the current ones we could confirm. Catholic and independent schools run their own processes under their agreements and policies.

Conduct units and registration bodies for government school teachers, checked 17 October 2026
StateWho investigatesRegistration body that may be notified
NSWProfessional and Ethical Standards (PES), Department of EducationNSW Education Standards Authority (NESA)
VICConduct and Integrity Division, Department of EducationVictorian Institute of Teaching (VIT)
QLDHR Regional Operations, escalating to the Integrity unit where neededQueensland College of Teachers (QCT)
WAStandards and Integrity Directorate, Department of EducationTeacher Registration Board of WA (TRBWA)
SADepartment's employee complaints process (unit name not confirmed)Teachers Registration Board of SA
TASNot confirmedTeachers Registration Board of Tasmania
ACTNot confirmedACT Teacher Quality Institute (TQI)
NTNot confirmedTeacher Registration Board of the NT

SA, TAS, ACT and NT processes were not confirmed against official pages. Ask your union or HR for the procedure that applies to you.

Work out your pay rise and back pay

⚙Your details

New pay rates

100% full-time

Default: the new rates' operative date, 9 October 2026.

When the back pay lands. Default: six weeks from today. New rates apply from the following pay.

$

E.g. a sign-on or cost-of-living payment in the agreement (gross).

Back pay owed (before tax)

$505

4.9 fortnights from 9 October 2026 to 16 December 2026 · about $344 after tax

New salary

$92,882

+3.0% on $90,177

Rise per fortnight

$104

$71 after tax

Tax on back pay

$162

32% of the lump

Back pay in hand

$344

WorkingAmount
Old pay per fortnight (Step 1)$3,468.35
New pay per fortnight (from 9 October 2026)$3,572.38
Fortnights owed4.9
Back pay on salary$505.33
One-off lump sum$0.00
Total before tax$505.33
Tax withheld (estimate)$161.71
Net back pay$343.62

What this means

From 9 October 2026 you should have been paid $104 more each fortnight. Because the new rates weren't paid yet, the difference builds up and arrives as one back payment: about $505 before tax. After that, your fortnightly take-home goes from $2,723 to $2,794.

Payroll taxes back pay at your marginal rate rather than spreading it, so roughly 32% comes off. That's your actual tax on the money: it doesn't push the rest of your salary into a higher bracket. These are the latest rates already in force: if they are on your payslip, nothing is owed. This shows what you're owed if payroll was late applying them.

Estimate only. Back pay = (new − old) fortnightly pay × fortnights between the two dates, using the pay column in force at the start of each fortnight. Tax uses the ATO marginal-rate method on your annual salary for 2026–27; back pay for an earlier financial year over $1,200 may be taxed differently and is reported as a lump sum E. Old rates: 9 October 2025 column; Crown Employees (Teachers in Schools and Related Employees) Salaries and Conditions Award 2024, verified 16 October 2026.

How a misconduct process usually runs

NSW publishes the clearest version, and the other systems follow a similar shape. Knowing the stages helps, because the early ones often end with no formal action.

The NSW three-stage process (PES)

  1. 1

    Stage 1: initial assessment

    A delegate decides what the complaint needs: no action, remedial action, management action, or a formal disciplinary process. Many complaints stop here.

  2. 2

    Stage 2: investigation

    An impartial investigator gathers evidence. The allegations are put to you in writing. You get at least 14 days to respond in writing, or 7 days to ask for an interview, with at least 24 hours' notice of any interview.

  3. 3

    Stage 3: decision

    A decision is made on the balance of probabilities, with stronger evidence needed for serious findings. Before a final decision you can respond to the proposed outcome (7 days for an interview, 14 days in writing).

  4. 4

    Serious outcomes go to a panel

    Possible outcomes include a caution or reprimand, a fine, a salary reduction or demotion, a direction to resign, or dismissal. Demotion, a direction to resign and dismissal go to a Disciplinary Advisory Panel.

NSW procedural fairness time limits (PES policy)
WhatMinimum time
Written response to allegationsAt least 14 days
Ask for an interview insteadWithin 7 days
Notice of an interviewAt least 24 hours
Respond to a proposed outcome7 days (interview) or 14 days (written)
Child protection allegation reported to PESWithin one working day (by the school)

From the NSW Department of Education policy PD-2004-0020. Other states use different time limits.

Victoria, Queensland and WA in brief

  • Victoria: principals must contact the Conduct and Integrity Division straight away for suspected criminal conduct, child sexual misconduct, reportable conduct, fraud or registration issues. Matters can be resolved locally, handled as misconduct under the Education and Training Reform Act 2006, or as unsatisfactory performance. You are entitled to procedural fairness, and you can appeal a determination to the Disciplinary Appeals Board within 14 days of the written decision. The Division notifies the VIT in some cases.
  • Queensland: HR Regional Operations triages allegations and escalates to Integrity where needed. Suspected corrupt conduct goes to the Crime and Corruption Commission. Allegations about harm to students follow a separate child and student protection procedure, and the QCT must be told as soon as practicable about matters involving registered teachers.
  • WA: staff must report suspected misconduct to Standards and Integrity as soon as practicable, and child assault allegations immediately. Discipline runs under the Staff Conduct and Discipline Procedures and the Public Sector Management Act 1994.

Your first steps if you are told about a complaint

  1. 1

    Stay calm and don't respond on the spot

    You do not have to answer allegations in a corridor conversation. It is reasonable to say you want to see them in writing and get advice before you respond.

  2. 2

    Call your union

    NSW Teachers Federation, AEU branches (VIC, SA, TAS, ACT, NT), QTU, SSTUWA, or the IEU in Catholic and independent schools. Ask whether you can have a support person or representative at interviews.

  3. 3

    Read the letter closely

    Note each allegation, the deadline for your response and who to contact. Diary the dates. If the deadline is too short to get advice, ask for an extension in writing.

  4. 4

    Write down what you remember now

    Dates, times, who was there, what was said, and any emails or messages. Memory fades quickly; notes made close to the time carry weight.

  5. 5

    Follow any directions

    If you are told not to contact a student, parent or colleague about the matter, follow it, even if you disagree. Breaching a direction can become a second allegation.

  6. 6

    Look after yourself

    These processes can take months and are stressful. Talk to your GP if it is affecting your sleep or health, and use any employee assistance program your employer offers.

Things to avoid

  • Discussing the allegations with students, parents or colleagues who may be witnesses.
  • Posting about the matter on social media, even without names.
  • Deleting emails, messages or files, which can look like hiding evidence.
  • Resigning in a hurry before you have advice (see below).
  • Sending a long written response without anyone else reading it first.

Suspension, pay and leave during an investigation

In serious matters an employer can move you to other duties or suspend you while it investigates. In Victoria the power is in the Education and Training Reform Act (s2.4.64). Whether a suspension is with or without pay depends on the law and the seriousness of the matter, so ask your union what applies to you.

Suspension is not a finding of guilt. It is a step to protect the process and the people in it. If you are unwell, sick leave is still available on a medical certificate; see teacher sick leave by state. If you have income protection insurance, check whether your policy covers the situation. Our guide to teacher income protection explains how cover inside super works.

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Check what your pay looks like

If a matter means time on leave or reduced hours, see your take-home pay at a different salary or fraction.

Open the take-home pay calculator

Can you resign during an investigation?

You can try, but it may not end the process. In NSW the Department can refuse to accept your notice while you are under investigation. In Victoria an 'employment limitation' can stop resignation being used to avoid a disciplinary process. In WA, an employer must notify the TRBWA within 30 days if a teacher resigns during or after a misconduct or serious incompetence investigation (a rule we have seen reported but not confirmed in the Act).

Resigning can also leave a matter unresolved on your file and with your registration body, with no chance to clear your name. Get union advice before you decide. Notice periods by state are in resigning as a teacher.

What it means for your registration

Teacher registration bodies can act on their own, separately from your employer. Departments must notify certain matters: NSW to NESA (and, depending on the matter, the Children's Guardian, Police, the Ombudsman or ICAC), Victoria to the VIT, Queensland to the QCT and WA to the TRBWA. A registration body may then make its own inquiries.

Two separate processes can run on the same facts

Your employer decides

  • Whether you breached the code of conduct
  • Discipline: caution, fine, demotion, dismissal
  • Suspension or alternative duties

The registration body decides

  • Whether you stay registered
  • Conditions on your registration
  • Suspension or cancellation of registration

For how registration works in each state, see teacher registration in Australia. Keep your registration fees paid during any process, so a lapse does not add a separate problem.

Frequently asked questions

What happens when a complaint is made against a teacher?
Your employer first assesses whether it needs action. Many complaints end with no action or are resolved at the school. Serious ones go to a central unit, which puts the allegations to you in writing and gives you time to respond before any decision.
How long do I get to respond to allegations in NSW?
At least 14 days for a written response, or 7 days to ask for an interview instead, under the NSW Department's PES policy. You also get at least 24 hours' notice of any interview.
Can I bring a support person to an investigation interview?
Ask your union and the investigator before the interview. Union members can usually be supported or represented by their union. Check the procedure that applies to you.
Will an investigation be reported to my registration body?
Sometimes. Departments must notify certain matters to NESA, the VIT, the QCT or the TRBWA, especially child protection matters and serious misconduct findings. The registration body then decides whether to make its own inquiries.
Can I be suspended during a misconduct investigation?
Yes, in serious matters your employer can suspend you or move you to other duties while it investigates. Suspension is not a finding against you. Whether it is paid depends on the law and the matter, so ask your union.
Can I resign to stop an investigation?
Often not. NSW can refuse to accept your notice during an investigation and Victoria can use an employment limitation. Resigning may also leave the matter unresolved with your registration body. Get advice first.
Can I appeal a disciplinary decision?
Usually yes. In Victoria you can appeal to the Disciplinary Appeals Board within 14 days of the written determination. Other states have their own review or appeal routes, often through the state industrial commission. Your union can tell you which applies.

Sources we checked · last verified 2026-10-17

  1. 1.NSW Department of Education: Complaints and misconduct policy (PD-2004-0020)
  2. 2.VIC Department of Education PAL: Complaints, misconduct and unsatisfactory performance
  3. 3.QLD Department of Education: Allegations against workers in the area of child and student protection procedure
  4. 4.WA Department of Education: Staff Conduct and Discipline Procedures
  5. 5.NSW DoE Teachers Handbook, Chapter 11: Separation from the service
  6. 6.VIC Department of Education PAL: Cessation of employment, teaching service

About this page

Written and fact-checked by the TeacherPay AU Editorial Team against the enterprise agreements, awards and official pages listed in the sources. It is general information, not personal financial, tax or legal advice. Spotted something out of date? Tell us and we'll fix it, usually within a day. See our editorial policy and how we calculate.

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