Queensland College of Teachers v Teacher BAM

Case

[2012] QCAT 694


Details
AGLC Case Decision Date
Queensland College of Teachers v Teacher BAM [2012] QCAT 694 [2012] QCAT 694

CaseChat Overview and Summary

In this case, the Queensland College of Teachers brought disciplinary proceedings against Teacher BAM for engaging in over familiar and sexually suggestive behaviour with two female students while employed as a Deputy Principal and then Principal at a non-State school in regional Queensland. The parties agreed that Teacher BAM is not suitable to teach as his conduct fell short of the standards expected of teachers. The Tribunal considered the aggravating factors, including Teacher BAM's leadership role, and the mitigating factors, such as his unblemished record since registration in 1991, and his cooperation with the disciplinary process. The Tribunal decided that a suspension period of twelve months for Teacher BAM's teacher registration, along with the notation and conditions as proposed by the parties, was a more appropriate sanction. The Tribunal also ordered that Teacher BAM must provide a psychological report satisfactory to the Queensland College of Teachers before his registration can be reinstated.

The Tribunal further considered an application for non-publication made pursuant to the Queensland Civil and Administrative Tribunal Act 2009. The application sought the non-publication of the teacher's name and identity in the decision due to the harmful impact the publication would have on other persons, including his wife, his brother, the two female students, and his former and current school. The Tribunal was satisfied that non-publication of the teacher's name and identity was necessary to avoid endangering the teacher's wife's mental health, which was in a fragile state, with severe depression, anxiety, and suicidal ideation. The Tribunal ordered the non-publication of the teacher's name, his wife's name, his brother's name, the names of the students and their addresses, and the name and address of the teacher's current school and the students' school referred to in this disciplinary proceeding.
Details

Areas of Law

  • Occupational Regulation

  • Education Law

Legal Concepts

  • Unsuitability to Teach

  • Professional Conduct

  • Disciplinary Action

  • Suspension of Registration

  • Professional Boundaries

  • Remedial Orders

Actions
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Cases Citing This Decision

32

Ritson v Ryan [2021] QCATA 100
Cases Cited

12

Statutory Material Cited

0

Briginshaw v Briginshaw [1938] HCA 34
M v M [1988] HCA 68