Teacher prohibited from reapplying for registration after serious violent offences
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 .
QCAT has ordered that a former teacher be prohibited from reapplying for teacher registration for a period of five years.
The decision relates to disciplinary action taken under the Education (Queensland College of Teachers) Act 2005 . QCAT found grounds for disciplinary action existed against the former teacher, based on their private out of school conduct that did not meet the standard generally expected of a teacher.
The disciplinary proceedings arose from events that occurred at their private residence between 29 June and 1 July 2020, involving domestic violence and weapons offences. The former teacher was charged with several domestic violence offences, including assault occasioning bodily harm, common assault, dangerous conduct with a weapon committed against their partner in the presence of their children, and matters related to the secure storage of weapons.
The former teacher subsequently pleaded guilty to these charges. In September 2021, they were sentenced to imprisonment terms for the offences. The sentencing judge determined the former teacher had served 434 days on remand and was released on parole the same day.
In its decision prohibiting the former teacher from reapplying for teacher registration for five years, QCAT also ordered that their record be endorsed with a notation: that any reapplication for teacher registration in the future must be accompanied by an independent psychological report.
This expert report must specifically address their awareness and understanding of several matters, including:
- the need to protect children and young people from harm
- appropriate and inappropriate communication and behaviour with children and young people
- the impact of inappropriate conduct
- how to identify triggers
- strategies to prevent reoccurrence of conduct
- how to achieve realistic solutions to reduce harm risks
- the extent of trust invested in teachers
- the impact of behaviour on the teaching profession's standing
- the importance of adhering to the QCT’s Code of Ethics.
Furthermore, any re-application must include confirmation they have attended a minimum of six sessions with a psychologist, over the course of a three-month period, within six months of the date of application.
In its decision, QCAT’s reasons highlighted the importance of protecting children and young people from physical, psychological, and emotional harm and considered the former teacher’s previous clean record and time served in prison out of the teaching profession. The decision also considered the need to maintain the professional standing of teachers and the profession itself.
Glossary of terms
Serious offence charge: If a teacher is acquitted of a charge, the charge is withdrawn, dismissed, or discontinued, the QCT must still refer the matter to QCAT under the Education (Queensland College of Teachers) Act 2005 to determine if there is a ground for disciplinary action against the teacher.
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.
Notation: Requirements placed on a QCAT order that must be adhered to for an individual to be able to reapply for registration.
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.