The couple were deregistered for serious misconduct and were each ordered to pay $20,000 in costs following a Teachers Council disciplinary tribunal hearing in October this year.
Despite the investigation into Mrs Mutu's conduct, she was hired by the Ministry of Education in February as one of 46 student achievement practitioners - "experts'' paid to advise principals.
Labour's Sue Moroney raised Ms Mutu's employment in Parliament on October 6, and Mrs Tolley responded by saying Mrs Mutu had never been suspended.
In a statement today, the ministry said Mrs Mutu had not fully disclosed the full extent of the charge against her before October 10, and the ministry had acted as soon as it became aware of the seriousness of the proceedings.
Mrs Tolley said today the answer she gave to Parliament was in line with the advice she had at the time.
When asked whether she should have corrected her answer or issued a statement with the new information, Mrs Tolley said no - "because it was a question that was answered in the House on the last day of the sitting''.
The minister, who has since lost the education portfolio and picked up police, said matters of individual employment were an issue for the ministry and she would not answer further questions.
Prime Minister John Key said he had not yet had a good review of the situation.
"I'll go away and have a look at that, but I have confidence in my ministers otherwise I wouldn't reappoint them.''
