Teacher prohibited from reapplying until 2026
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 teacher has been prohibited from reapplying for registration with the Queensland College of Teachers (QCT) until 2026, following a recent QCAT hearing.
The QCT suspended the teacher's registration in 2020 after they had been charged with serious offences of sexual assault and solicitation of child abuse material by using a carriage service.
The teacher was subsequently charged in 2021 with computer hacking and misuse for unauthorised accessing of OneSchool records.
Under section 48 of the Education (Queensland College of Teachers) Act 2005 (the Act), the QCT must suspend a teacher's registration once notified about a serious offence charge.
All charges were later discontinued after the Department of Public Prosecutions offered no evidence. By that time, the teacher's registration was cancelled due to non-payment of registration fees; however, the QCT may still consider the circumstances of the alleged offending as a potential ground for disciplinary action under the Act.
The issue to be determined by QCAT in this case was whether a ground for disciplinary action was established, including whether the teacher behaved in a way that does not satisfy the standard of behaviour generally expected of a teacher.
The initial serious offence charges related to the teacher's engagement with a former student, who was 16 years old at the time. The student had been taught by the teacher two years prior.
The teacher and student interacted on dating and social media apps. The interactions included explicit and sexual content. The interactions became physical when the teacher took the student on driving lessons and touched them.
The subsequent charge of computer hacking and misuse was related to the teacher accessing the student's records on OneSchool, the Department of Education's portal to manage student records and information. The teacher used their work device to access information on several occasions. The teacher did not believe they breached policy in doing so.
QCAT found the teacher's conduct was overfamiliar and inappropriate and there was not a legitimate purpose for them to access OneSchool records of a former student, including outside of school hours and late at night.
QCAT determined the teacher behaved in a way that does not satisfy the standard of behaviour generally expected of a teacher and that a ground for disciplinary action had been established.
As part of its deliberations, QCAT found the teacher's conduct was a serious breach of trust requiring a significant penalty; however, it considered them able to be rehabilitated.
As a result, the teacher was prohibited from being able to reapply for registration until 2026, before which they must seek an independent psychological report addressing several matters. The teacher was also ordered to pay $2,456 towards the QCT's legal costs.
Glossary of terms
Serious offence charge: If a teacher is acquitted of a charge, the charge is withdrawn, dismissed, or discontinued, the QCT must refer the matter to QCAT 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.
Cancellation: Cancellation of registration with the QCT means a teacher's registration has been revoked.
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.