Queensland College of Teachers v SGS

The Queensland College of Teachers, as the regulatory body for teachers in Queensland, brought proceedings against a teacher identified as SGS. The College sought to prohibit SGS from applying for re-registration as a teacher for a period of seven years, based on a sexual relationship with a student. The relationship continued after the student left the school system and involved the exchange of thousands of sexually explicit text messages. The College relied on an agreed statement of facts, which set out the details of the relationship. The Court was required to determine whether the relationship constituted a ground for disciplinary action, whether SGS should be prohibited from applying for re-registration, and whether a costs order should be made.

The Court found that the relationship between SGS and the student was highly inappropriate, given the trust and power dynamic inherent in the teacher-student relationship. The Court noted that the relationship was exploitative and breached the College’s code of ethics. The Court held that SGS was not fit to be a teacher, given his failure to recognise the inappropriateness of the relationship, and his failure to take steps to avoid a conflict of interest. The Court also found that the relationship had caused significant harm to the student, and that SGS had failed to take steps to mitigate that harm. The Court held that a prohibition on SGS applying for re-registration was necessary to protect the integrity of the teaching profession, and to protect potential future students from harm.

The Court ordered that SGS be prohibited from applying for re-registration or permission to teach for a period of seven years from 13 January 2016. The Court also ordered that the register of teachers be endorsed with a notation that any application by SGS for re-registration as a teacher must be accompanied by an independent report by a psychologist or psychiatrist approved by the College. The report must assess SGS’ suitability to teach and work in a child-related field, and his ability to differentiate between personal and professional relationships. The Court also ordered that SGS pay the costs of the College in the amount of $2,500.00 by way of instalments within six months of the date of the order. The Court prohibited the publication of the names of any person referred to in the documents filed in the proceeding, including that of the teacher known as SGS and the names of the schools where he taught and the location of those schools.