Former teacher prohibited from reapplying for registration following inappropriate conduct

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

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

A former teacher who admitted to allegations of inappropriate conduct with a student has been prohibited from reapplying for teacher registration by QCAT.

An experienced teacher, their registration was suspended in 2021 following notification of allegations. Their registration was cancelled by the QCT later that year for a failure to pay their registration renewal fee.

The allegations centred around several incidents in which they were found to have engaged in inappropriate conduct with a former student whom they had taught in Years 10, 11 and 12, including: contacting them on Snapchat after they graduated, sending explicit messages and images of their genitals, and content related to engaging in sexual acts and illicit drug use.

Some of these exchanges occurred while the former student was still 17 years old. The teacher was aware of the student's age and even commented that sending certain videos would be "illegal" before the student turned 18. The teacher attempted to conceal their conduct by asking that the student not tell anyone or circulate the images and messages.

Prior to this conduct, the teacher had also engaged in inappropriate discussions with Year 12 students about pornography and marijuana during class and shared their mobile phone number with other students on a school trip.

QCAT noted several serious factors about the teacher’s conduct, including that they had faced previous disciplinary action in 2015 for drug-related offences and was cautioned about the potential for more serious consequences for similar conduct. Despite completing Code of Conduct – Student Protection training, which addressed key factors about the trust teachers hold and the inappropriateness of illicit drug use, their inappropriate conduct continued.

QCAT determined their conduct did not meet the standard of behaviour generally expected of a teacher. The purpose of the disciplinary action was not to punish the teacher, but to uphold the standards of, and maintain public confidence in, the teaching profession and to protect the public.

QCAT ordered that the former teacher was prohibited from reapplying for teacher registration for three years, and if they were to reapply for registration in the future, their application must be accompanied by an independent psychological report.

The report must confirm a psychologist is satisfied with several issues, including that the teacher understands the difference between personal and professional relationships, has an awareness of appropriate communication and behaviour with students (including social media), the impact of inappropriate conduct, the concept and importance of professional boundaries, and the legal obligations of teachers and the trust placed in them.

The report must also assess whether the teacher is psychologically capable and fit to discharge all future teaching responsibilities, and if any conditions or restrictions should apply.

Glossary of terms

Suspension:
In certain circumstances the QCT may suspend a teacher’s registration. Suspension means a teacher is unable to teach in a school while suspended.

Prohibited:
QCAT can restrict a teacher from reapplying for registration or permission to teach for a period of time and may also impose conditions if they reapply for registration in the future.

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.