Queensland College of Teachers v Miles
[2010] QCAT 696
•11 June 2010
| CITATION: | Queensland College of Teachers v Miles [2010] QCAT 696 |
| PARTIES: | Queensland College of Teachers v Mr Paul Gregory Miles |
APPLICATION NUMBER: OCR008-09 and OCR052-10
| MATTER TYPE: | Occupational regulation matters |
HEARING DATE: 11 June 2010
HEARD AT: Brisbane
| DECISION OF: | Ms Lisa O’Neill, Presiding Member Mr Les McNamara, Member Mr Stuart MacDonald, Member |
DELIVERED ON: 11 June 2010
DELIVERED AT: Brisbane
ORDERS MADE: That pursuant to s 161 the Education (Queensland College of Teachers) Act 2005 Paul Gregory Miles be prohibited from re-applying for registration for a period of five years from 11 June 2010.
| CATCHWORDS: | Former approved teacher – child pornography and child exploitation offences – appropriate penalty Education (Queensland College of Teachers) Act 2005, s 161 |
APPEARANCES and REPRESENTATION (if any):
Decision was on the papers.
REASONS FOR DECISION
This is the hearing of an application by the Queensland College of Teachers to the Queensland Civil and Administrative Tribunal with respect to the registration of former approved teacher, Paul Gregory Miles.
The Tribunal today is constituted today by myself, Lisa O’Neill presiding and Les McNamara and Stuart MacDonald.
On 14 March 2010 an application was made to QCAT by the Queensland College of Teachers. The circumstances were that by correspondence on 9 April 2008, Paul Gregory Miles disclosed a change in his criminal history to the Queensland College of Teachers. On 9 April 2008, the Queensland College of Teachers received a notification from the Queensland Police Service under s 75 of the Education (Queensland College of Teachers) Act 2005, that Paul Gregory Miles was charged with using a carriage service for child pornography material and two counts of possessed child exploitation material.
Subsequently the DPP advised the College that Mr Miles had been convicted of one count of using a carriage service to access child pornography material and one count of possession of child exploitation material. He was sentenced to eighteen months imprisonment suspended for eighteen months to be of good behaviour with a security by way of recognisance of one thousand dollars with respect to charge one and with respect to charge two placed on eighteen months probation.
At the time of the conviction Mr Miles was a former approved teacher, having failed to renew his fees. Had he been an approved teacher, the consequence of the conviction would have been he would have been disqualified for teaching permanently.
In considering the appropriate sentence, the sentencing judge, senior Judge, Trafford-Walker in the District Court in Brisbane on 5 November 2007, set out the history of this matter. He took into account remarks by the psychologist for Mr Miles, Dr Ian Liner and said that with respect to recidivism in my assessment, Mr Miles is unlikely to be ever involved in child exploitation material again and offers minimal if not nil threat to children within the Community. He said that was a relevant consideration.
Having regard to those considerations he said I don’t see that it’s necessary on the material for me to actually require that he serve a period of imprisonment. He took into account that Mr Miles had co-operated with authorities and that it was an ex officio indictment.
However the Tribunal must take into account the fact that the plea is recent and that Mr Miles is still within the eighteen month probation period. With respect to the events itself it is, as I’ve said, a disqualifying offence. Dr Ian Liner set out the seriousness of the offence in the pre-sentencing remarks.
When describing the offence he said that Mr Miles had possession of some one thousand four hundred and ten images classified as child pornography. He said they included posing in nudity, one thousand two hundred and ten images, and sexual acts between children forty nine images, sexual acts children with adults non penetrative, sixty one images and penetrative images eighty five and a sadistic act one.
[10] Mr Miles had pleaded to, had admitted to the Police that he had erotic material on his computer which he said involved not very young children, the youngest would be about twelve years old. Mr Miles did acknowledge his wrong doing telling the Australian Federal Police that he was aware that child pornography is exploited, even wrong.
[11] In the pre-sentencing remarks of Dr Ian Liner he set out Mr Mile’s personal history. It included a very successful teaching history. From 1980 Mr Miles had taught at various private schools including being head of the Department at a private girls school. However with respect to his personal life he lived what Dr Liner described as a solitary lifestyle, choosing not to have contact with any friends, acquaintances or teaching colleagues he had in Brisbane.
[12] The Tribunal has taken into account Mr Miles insight into his offending and that he told Dr Liner that he was very ashamed to be in this position and felt very guilty, he realised what he did was morally wrong. However Dr Liner’s assessment was that Mr Miles is clearly a highly vulnerable man. Dr Liner said in my assessment he had deep seated personal insecurities and issues with his identity and self esteem which he strives valiantly to mask and deny, and he’s been on the margins of mainstream social functioning for most of his life, all the time striving to seek some approximate ashen to the norm, particularly in personal relationships.
[13] He said with respect to his treatment needs he strongly recommends that he continues being monitored medically and psychiatrically and that he continued post-sentencing to consult with an appropriate psychologist for ongoing adjustment counselling to salvage some aspects of his life.
[14] With respect to the appropriate penalty the College has said that Mr Miles registration be cancelled for a period of five years, this is the maximum period. Having regard to the gravity of the offence and the fact that Mr Miles is still within that probation period, not withstanding the positive factors in his favour such as his low risk of recidivism the Tribunal is satisfied that that is the appropriate penalty. The Tribunal has had regard to the remarks that Mr Miles made in writing on 10 January 2010 to QCAT.
[15] Once again he acknowledged his wrong doing and his shame, however he said himself that he believed that he would not be appropriate to return to teaching and that he intended to pursue some writing and small business opportunities. He is now also officially his Mother’s carer, his Mother suffering from Alzheimer’s and from poor health. In those circumstances Mr Miles will be able to re-apply for registration in five years time. That matter is outside QCAT’s or this Tribunal’s provenance and will be a matter for the Queensland College of Teachers if he makes that application.
[16] In the meantime the Tribunal orders that, or finds that that if Mr Miles had been an approved Teacher, the appropriate penalty would have been to cancel his registration. Therefore pursuant to s 161 of the Education (Queensland College of Teachers) Act 2005 he is prohibited from re-applying for registration for a period of five years from 11 June 2010.
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