Teacher registration cancelled following serious offence charges

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 Queensland teacher has had their registration cancelled by QCAT after being found to have engaged in behaviour that did not meet the standard expected of a teacher.

The decision follows serious offence charges against the teacher, related to domestic violence and possession of dangerous drugs.

The disciplinary action arose from events that took place in January 2022. The teacher was initially charged with a serious offence related to choking or strangulation in a domestic setting, as well as charges for possessing dangerous drugs and illegal medicines.

Although the serious charge of choking or strangulation was not pursued by police when the matter was heard at court in 2022, the teacher entered a plea of guilty to a charge of common assault (domestic violence offence) and the drug charges.

For the common assault, they were given a 10-month probation order that required them to undergo medical, psychiatric, and psychological assessment and treatment.

The QCT referred the matter to QCAT for a decision on whether disciplinary grounds were established. QCAT determined the teacher’s behaviour, including the common assault and drug offences, fell short of the behaviour generally expected of a teacher.

This standard reflects what the community and the teaching profession would reasonably expect; namely, that teachers are considered to hold a special position of trust with students, parents, and the wider community, and there is an expectation that this trust will not be broken.

The teacher acknowledged disciplinary grounds existed and presented supporting testimonials and evidence of participating in therapy and a behavioural change programme.

However, QCAT expressed concern regarding observations made by the teacher’s probation officer indicating they had limited insight into their own behaviour and tended to minimise their actions. Evidence that they had stopped using illegal substances was also considered limited, as it covered a relatively short period.

Considering all factors and the aims of upholding teaching standards, maintaining public confidence, and protecting the public, QCAT resolved to cancel the teacher’s registration.

Should the teacher wish to reapply for registration in the future, they face specific requirements including providing a psychologist's report assessing their understanding and awareness of the following key issues:

• the need to protect children from harm
• identifying personal triggers and strategies to avoid future incidents
• achieving realistic solutions to prevent harm risks
• the nature of trust placed in teachers
• behaviour that could compromise the profession
• the importance of following the QCT Code of Ethics.

The report must also include their psychologist's opinion on the likelihood of them engaging in conduct harmful to children in the future.

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.

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.

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