Confusion about what constitutes inappropriate conduct has led to an increase in complaints and allegations against teachers and educators – and investigations by the NSW Early Learning Commission.
The commission is the regulator for early childhood education and care services across NSW. Its role is to ensure services meet strict standards of safety, quality and compliance.
What is inappropriate conduct?
Inappropriate conduct refers to behaviour that does not meet the threshold for discipline but may include interactions with children when they form a pattern of conduct that crosses professional boundaries.
Examples include grooming behaviour such as being overly familiar with children, initiating unwanted affection, encouraging children to maintain secrecy, one-to-one unsupervised time, gifts or favouritism, telling sexualised jokes, and engaging in retaliation or intimidation.
A failure to take action may amount to inappropriate conduct if it is considered to be neglect.
This is important because some members say they are hesitant to intervene if a child is exhibiting aggressive or potentially hazardous behaviour in case a complaint is made against them.
What evidence will be considered?
The type of evidence considered during an investigation may include:
- speaking with other employees at the centre
- reviewing CCTV footage
- reviewing supervision plans
- reviewing staffing arrangements
- interviewing families
- interviewing the employee who is the subject of the allegations.
What is an enforceable undertaking?
An enforceable undertaking is a legally binding written agreement that includes specific measures to address the issue.
A teacher or educator may be asked to sign an enforceable undertaking following an investigation by the NSW Early Learning Commission.
At this stage, an enforceable undertaking is not subject to legal appeal.
The union urges members not to sign an enforceable undertaking if they disagree with its contents.
If the undertaking does not accurately characterise what occurred or includes assertions that the teacher or educator refute, the union recommends that a member provides feedback to the investigator requesting changes.
As always, contact the union as early as possible.
If a teacher or educator signs an enforceable undertaking, it may be published on the NSW Early Learning Commission’s website.
You must advise current and prospective employers about the contents of a signed enforceable undertaking.
What if I refuse to sign?
If a teacher or educator declines to sign an enforceable undertaking, the NSW Early Learning Commission could take alternative action such as issuing a prohibition order or even prosecution.
However, the standard of evidence required to issue a prohibition notice or secure a prosecution is likely to be a higher than a reasonable belief that the conduct occurred.
Do not sign an enforceable undertaking without guidance from the IEU.