The Education Commission has urged Parliament to tighten safeguards in the proposed Education Bill to ensure allegations of sexual misconduct by teachers are treated as both criminal matters and professional disciplinary cases, the commission’s chair Vijay Naidu told the Parliamentary Standing Committee on Justice, Law and Human Rights. Presenting the commission’s submissions, Naidu said stronger measures—including mandatory police referral, swifter notification to the Fiji Teachers Registration Authority (FTRA) and stiffer penalties—are needed to signal a “zero tolerance” approach.
Naidu told the committee the commission wants clause 172 of the bill strengthened so that any allegation of sexual misconduct involving a student is automatically referred to the police as well as to the FTRA board. He recommended increasing fines for such conduct, saying the current penalty regime is inadequate. “Our recommendation is that we should strengthen clause 172, require that any allegation of sexual misconduct involving a student be referred to the police force as well as the FTRA board. And increase the fine to at least $5,000 first offence and $10,000 for subsequent offence, signaling zero tolerance for this kind of conduct,” Naidu said.
Under the version of clause 172 in the draft bill, if a sexual allegation involves a student and a teacher and the teacher is dismissed or resigns, the employing authority must notify the Board within seven days. The notice must detail the employing authority, the school, the teacher’s name, dates and particulars of the allegation and reasons for dismissal or resignation. Failure to notify the Board is currently punishable by a fine of up to $1,000 for a first offence and up to $5,000 for subsequent offences. The commission’s proposals would increase financial penalties for the underlying misconduct and, according to Naidu, allow for stronger enforcement.
Naidu also recommended procedural protections during investigations. He agreed with committee member Faiyaz Koya—who warned that allegations must be carefully worded and that teachers are presumed innocent until proven guilty—that the bill should enable employing authorities to place teachers on leave while police and FTRA inquiries proceed. Such leave, Naidu said, would protect students and preserve the integrity of investigations without pre-judging outcomes.
The commission recommended a mandatory independent review of the education system every 10 years, overseen by an independent education body, to ensure policies remain responsive and safeguards are effective. Education Commission Commissioner Arvind Maharaj also flagged technical gaps in the bill, noting it makes no reference to the Substance Abuse Advisory Council Act 1998 or the Tertiary Scholarships and Loans Service Act 2014. Maharaj recommended integrating or formally acknowledging those bodies’ functions and including them in statutory consultation requirements alongside existing bodies such as the FTRA and the Higher Education Commission of Fiji to better cover student welfare and higher education funding.
The submissions to the Standing Committee represent the latest push to tighten accountability mechanisms for educators as Parliament considers the Education Bill. The commission’s proposals aim to codify clearer reporting lines, tougher penalties and periodic independent scrutiny—measures its members argue are necessary to protect students and maintain public confidence in the education system while balancing procedural fairness for teachers. The committee will now consider the commission’s recommendations as it continues scrutiny of the bill.
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