Employment limitations and VIT registration
The application of an employment limitation is a process internal to the department, and relates to a person’s suitability to be an employee of the department.
The question of a teacher’s suitability to be registered to teach in Victorian schools is legally a separate question. The Victorian Institute of Teaching (VIT), an independent statutory body established by Part 2.6 of the ETR Act is responsible for the registration of teachers in government and non-government schools in Victoria.
Under section 2.6.31 of the ETR Act, the department (as an employer) is required to notify VIT if the employer has taken any action against a teacher that may be relevant to the teacher’s fitness to teach. The department therefore notifies VIT when an employment limitation is imposed.
VIT must investigate all notifications of action against a teacher. VIT may then elect to hold either a formal or an informal hearing into the allegations, or to take no further action.
Therefore, the fact that an employment limitation has been imposed by the department does not necessarily mean that a teacher’s registration to teach will be affected.
If VIT does not take further action following the notification of the application of an employment limitation, it does not mean the employment limitation is removed or is no longer applicable.
The department reserves the right to maintain an employment limitation on a teacher who VIT has permitted to retain their teacher registration.
Reviewed 26 May 2023
