Application for provisional registration refused

The following is a summary of a recent decision made by the Queensland Civil and Administrative Tribunal (QCAT) regarding a review of a refusal to grant Queensland teacher registration. All names have been removed.

The full decision can be viewed on the Supreme Court Library Queensland website .

QCAT has confirmed a Queensland College of Teachers (QCT) decision to refuse a former teacher and psychologist's application for provisional registration as a teacher.

QCAT's primary consideration was to determine whether they were suitable to teach.

Previously registered as both a teacher and a psychologist, the individual sought a QCAT review of the QCT's refusal decision, which was made in response to their conduct as a psychologist after they were found to have sexually exploited their professional relationship with a client.

The individual was the subject of undisclosed 2004 disciplinary proceedings before the former Health Practitioners Tribunal. Their registration as a psychologist was suspended for 12 months and conditions were imposed upon their registration, including supervision.

They then faced further undisclosed disciplinary proceedings by the Psychology Board of Australia in 2016, concerning a sexual relationship engaged in during a therapeutic relationship with a vulnerable client. Their registration as a psychologist was cancelled, with a four-year prohibition on reapplying for registration.

The individual did not deny the conduct from those proceedings, and indicated they had gained insight into their conduct and would not breach professional boundaries again if registered to teach.

They gave evidence, which was accepted by QCAT, that they have never been accused of - or been charged in relation to - conduct relating to children.

QCAT found that, although the previous matters occurred in a different professional setting, the individual's extremely serious breaches of professional boundaries gave rise to a concern regarding whether they might also breach professional boundaries with students in a teaching context.

QCAT was unable to be satisfied they would not again breach professional boundaries in a teaching context based on the available evidence.

QCAT confirmed they could make another application for provisional registration at some point in the future, if supported by current medical evidence to satisfy the QCT's suitability to teach requirements.

The QCAT decision was made by a three-member panel, including one legally qualified person presiding and one teacher.

Glossary of terms

Refused registration:An application for teacher registration may be refused if it is determined that one or more eligibility requirements, including suitability to teach, are not met.

Suitability to teach:The QCT examines applicants' conduct along with qualifications and experience. Conduct considerations include police information, previous disciplinary action and reasons employment ended.

Background

The QCT refers serious practice and conduct matters to QCAT.

QCAT makes decisions on the matters, including any disciplinary action to be taken against a teacher. The QCT enacts these decisions.

QCAT is an independent tribunal that resolves disputes on a range of matters and is part of the Courts and Tribunals division within the Department of Justice.

Visit the QCT practice and conduct matters webpage for more information about our role in the process.