Teacher reprimanded and suspension ended

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 reprimanded and had the suspension of their registration ended with the Queensland College of Teachers (QCT), following a recent QCAT hearing.

The primary consideration for this case was whether a ground for disciplinary action was established pursuant to section 92(1)(h) of the Education (Queensland College of Teachers) Act 2005 , namely that the teacher behaved in a way that does not satisfy the standard of behaviour generally expected of a teacher.

The teacher, now in their mid-fifties, was involved in a physical altercation with a 14-year-old student in 2020.

First granted registration in 2009, they were suspended by the QCT following the incident for a period of four-and-a half years while the matter could be heard and determined.

Through detailed consideration of the evidence, including witness accounts, it was discovered that the student - and teacher in response - had used physical violence after an escalated classroom incident.

During the hearing, it was put to the teacher that there were numerous opportunities and other ways they could have de-escalated the situation.

The teacher disagreed, asserting that based on their twenty years' teaching experience, a kick was acceptable and necessary.

When asked if they had any insight into the seriousness of their conduct in kicking a child, the teacher said they had no better choice, and could not continue using their hands to resist the student.

QCAT found the teacher's actions were "certainly the result of severe provocation, verbal and racial abuse, insults and threats of physical violence as well as significant actual violence perpetrated on [them] up to that point." However, it did not accept that the teacher did not have an alternative to taking that course or that they did not have a better choice.

QCAT formed the view that a disciplinary ground was established in relation to the act of kicking the student.

However, it considered the teacher did not generally pose an unacceptable risk of harm to children and should not be prevented from resuming their teaching career.

QCAT formed the view that the teacher's conduct warranted a reprimand, to act as a deterrent, and ordered the suspension of the teacher's registration to be ended.

Glossary of terms

Reprimand:A reprimand can be issued to a teacher as a form of disciplinary action. It is a written warning detailing their misconduct and the corrective actions required.

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.

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.