Queensland College of Teachers v HMJ

In the case of Queensland College of Teachers v HMJ, the dispute arose from the respondent's engagement in sexual intercourse with a student, who was seventeen years old at the time. The respondent had surrendered his teaching registration following the incident. The Queensland Civil and Administrative Tribunal was tasked with determining whether grounds for disciplinary action were established, whether the respondent was suitable to teach, and what sanctions should be imposed if disciplinary action was warranted.

The legal issues before the tribunal included whether the respondent's conduct constituted a ground for disciplinary action under the Education (General Provisions) Act 2006 (Qld), and if so, what the appropriate sanction should be. The tribunal also considered whether the non-publication orders in place should continue, given the existing protections for the children involved.

The tribunal found that the respondent's conduct established a ground for disciplinary action, as it was grossly improper and constituted a serious breach of the Queensland College of Teachers Code of Ethics. The tribunal concluded that the respondent was not suitable to teach and imposed a sanction prohibiting him from re-applying for registration or permission to teach for six years from the date his registration ceased. Additionally, the tribunal ordered that any future application for re-registration must be accompanied by an independent psychological or psychiatric report assessing the respondent's suitability to work in a child-related field. The non-publication orders were also continued to protect the identities of the children and the respondent.

The tribunal's final orders included a prohibition on the respondent re-applying for registration for six years, requirements for any future application for re-registration, and the continuation of non-publication orders to safeguard the identities of the involved parties.