Bond v Commissioner for Children and Young People
[2013] QCAT 725
•15 October 2013
| CITATION: | Bond v Commissioner for Children and Young People [2013] QCAT 725 |
| PARTIES: | Daniel James Bond |
| v | |
| Commissioner for Children and Young People and Child Guardian |
| APPLICATION NUMBER: | CML055-13 |
| MATTER TYPE: | Childrens matters |
| HEARING DATE: | 23 August 2013 |
| HEARD AT: | Brisbane |
| DECISION OF: | Pam Goodman, Member |
| DELIVERED ON: | 15 October 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: |
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| CATCHWORDS: | Blue Card application – where QCAT previously found applicant should not be issued with a Blue Card – where applicant reapplies – where an exceptional case no longer exists, and issuing a Blue Card is not contrary to the best interests of children |
APPEARANCES and REPRESENTATION (if any):
| APPLICANT: | Mr Bond represented himself |
| RESPONDENT: | Mr Capper represented the Commissioner |
REASONS FOR DECISION
Mr Bond is a talented dancer. He requires a Blue Card if he is to return to his previous work as a dance teacher. On 17 September 2010 this tribunal decided that it was not in the best interests of children for Mr Bond to have a Blue Card.[1] Mr Bond says that now he has now addressed the issues that concerned the tribunal in 2010. He says that it would no longer be contrary to the best interests of children to grant him a Blue Card.
[1] Mr Daniel James Bond v Commission for Children and Young People and Child Guardian CML 032-10
Mr Bond has always danced at a high level. He spent much of his teenage years ostracised and bullied at school and developed few friendships outside of the dance environment. Immediately after highschool he was accepted into a prestigious interstate dance school and spent a year there.
After graduating from the dance school Mr Bond returned to his home town and back to the life he had known previously. His friends were from the dance school, where he spent much of his time. He received admiration and adulation from other dancers. As students moved on, the difference in age between Mr Bond and the other dance students widened. As an adult of 19 and 20, his thinking and actions were immature. At his level, classes were mainly filled with teenage girls and they consequently formed his primary friendship base.
Dance is an expressive and physical art form. Students at the school often hugged and kissed each other.
In 2009 Mr Bond began to teach at the same school he attended as a student. As a person in his early 20s, Mr Bond’s life was lived in a bubble. His social and work life revolved around the dance school where he developed a following as a talented and charismatic teacher and fellow student. He enjoyed and developed a reputation as a popular teacher and it was important to him that students liked him. He never made a distinction between his role as a teacher and his involvement as a student. He continued to seek close friendships with students. He actively sought attention from his students and enjoyed the ego boost. He believed that by showing the students lots of attention he would keep students interested in attending his class.
In April 2009 a 15 year old student alleged to police that she had had sex with Mr Bond. Mr Bond denied the allegation and the complaint was later withdrawn. Even so, it is clear that Mr Bond and the child exchanged text messages which were sexual (I do not have copies of the messages – Mr Bond states that there were to the effect that they would like to have sex with each other), and that they had kissed.
When the complaint was made known to the dance studio, other parents came forward and notified the school that Mr Bond had been socialising (to the movies and at a party) with their teenage girls. A photo had been taken of Mr Bond and one girl in a photo booth in a posed kiss.
The bubble that Mr Bond had lived in was burst. His Blue Card was cancelled in early 2010 and he lost his job. For some time Mr Bond resented the loss of his card and did not acknowledge that he had acted inappropriately. He found work in the retail sector where he has worked since. He has continued to take dance lessons and wishes to return to teach.
I must grant Mr Bond a Blue Card unless I am satisfied that this is an exceptional case in which it would not be in the best interests of children to do so.[2] In making my decision, the welfare and best interests of children are paramount[3], as is their protection from harm and promotion of their wellbeing. [4] I have considered the factors described in the legislation[5] and other relevant matters that are particular to this case.[6]
[2] CCYPCG Act, s221
[3] CCYPCG Act, s5,s6
[4] CCYPCG Act, s155
[5] CCYPCG Act, s227
[6] CCYPCG v Lister (No 2) [2011] QCATA 87
In assessing whether this is an exceptional case, I have considered all the available evidence. I have weighed up the apparent risk factors as against the protective factors, including Mr Bonds’ level of insight into his behaviour.
PROTECTIVE FACTORS
Mr Bond continues to attend the dance school as a student. He no longer associates socially with teenage students from the school, although there is no particular prohibition on him doing so, as he is not currently a teacher. He has simply grown up and no longer wishes to do so.
Mr Bond has formed a respectful and adult friendship with Mr Vaughan, a local solicitor whose daughter attends the dance school. Mr Bond lived for over a year in Mr Vaughan’s home and interacted with his young children and teenage niece. Mr Vaughan is staunch in his support of Mr Bond. They have had frank discussions about Mr Bond’s behaviour and Mr Vaughan has noticed a “paradigm shift” in Mr Bond’s attitude – where he previously thought of himself as a victim of the system, he now accepts, understands, and supports the system which governs the issuing of Blue Cards.
Mr Bond and Mr Vaughan have discussed the imbalance of power between a teacher and a student, that teachers are in a position of trust and that people will seek to be their friend because of the position they hold. He acknowledges that the child is the true victim in this situation - he understands the consequences for her. Mr Vaughan believes that Mr Bond has developed a good level of insight into his past behaviours.
Mr Vaughan has observed Mr Bond interacting with other students at the dance studio over a number of years, and has never been concerned about his behaviour. There is no evidence of any inappropriate behaviour on Mr Bond’s part since 2009.
Mr Bond has developed practical strategies to reinforce the teacher / student relationship – he will have contact with parents, not children; he will have another teacher in the room where possible; he will not interact via social media with students; he will involve parents / other teachers if an issue arises; he will keep a diary of his interactions if concerns are raised and will address the concerns with the parent. Tellingly, Mr Bond indicated that his previous behaviour had been driven by a desire to hold the most popular class. He says that now if a student sought a relationship with him or he was otherwise concerned about their behaviour, he would ensure that the student was placed in another dance class if the issue could not be otherwise resolved.
Mr Bond developed these strategies with advice and support from Mr Vaughan, his mother (a qualified social worker), a psychologist, and from reading and thinking about the issue. Mr Bond has educated himself about the guidelines for behaviour expected of school teachers and showed a good understanding of them.
Mr Vaughan has seen Mr Bond maturing and developing insight over time.
Mr Bond has what he calls a “proper life”. He works and has risen through the ranks to hold a management position. He has a secure and strong group of friends of his own age. He is not a big drinker. He knows how adults act and he lives as an adult.
Dr Ursula Oertel, a clinical psychologist, assessed Mr Bond on 9 April 2013 and found that he is a very low risk of sexual offending (noting that no-one could be considered a zero risk). Dr Oertel says that Mr Bond has grown up and improved his awareness, judgement and insight.
Mr Bond has the ongoing support of his mother. Ms Bond believes that this experience has been a harsh lesson for Mr Bond but it has forced him to grow up. He now has nothing in common with teenagers. Mrs Bond notes that Mr Bond doesn’t see himself as “one of them” anymore and that he keeps other students at arms length.
Mr Bond understands that, as an adult and a teacher, he is not a friend.
RISK FACTORS
In 2009 Mr Bond took advantage of his position as a teacher and placed children at risk of harm.
Ongoing physical interaction is part of being in a dance class and dance teachers are in a position where inappropriate relationships can quickly develop.
If Mr Bond is granted a Blue Card he will return to teaching dance and be placed in the same environment he was in when these incidents occurred. He remains a charismatic and talented dancer. It is inevitable that, at some stage, he will have to deal with a student forming a strong attachment to him.
Mr Bond’s previous behaviour was fuelled by a desire to be a star and the most popular teacher at the school. There is a risk that he will return to his previous behaviour and mindset once back inside the bubble of the dance world.
Granting a Blue Card would allow Mr Bond to work unsupervised with children and there is no ongoing checking up to ensure that he is acting in the protective way he described at the hearing.
The sustainability of the change in Mr Bond’s outlook and attitude has not been tested.
SHOULD MR BOND HAVE A BLUE CARD?
Mr Bond has been through a difficult period of his life. The difficulties have been of his own making and the withdrawal of the Blue Card was entirely appropriate. His behaviour placed his students at risk of harm and a Blue Card holder cannot do that.
I must decide whether, today, this is an exceptional case where it is not in best interests of children to issue a Blue Card. I am not satisfied that this is such an exceptional case.
Mr Bond has grown up through having to face the challenges of living in the real world where he is an ordinary person (not a recognised and talented dancer), and reflect on the damage his actions have caused. He has formed a proper life outside of the bubble of his life as a dancer - he has adult friends and an ordinary job which he has applied himself to. He is professionally assessed as being a very low risk of repeating his behaviour. He has demonstrated maturity and insight. He has the support of a mature and sensible friend and mentor in Mr Vaughan.
Mr Bond is no longer a selfish and insightless 20 year old. He is a considered and mature young man who has reflected deeply and learned from the mistakes he has made in the past. He is committed to acting protectively in the future.
I am satisfied that a Blue Card should be granted to Mr Bond and will make orders accordingly.
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