Queensland College Teachers v Laver
[2011] QCAT 499
•19 October 2011
| CITATION: | Queensland College of Teachers v Laver [2011] QCAT 499 | |
| PARTIES: | Queensland College of Teachers | |
| v | ||
| Ms Anne Caroline Laver | ||
| APPLICATION NUMBER: | OCR115-11 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | 13 October 2011 |
| HEARD AT: | Brisbane |
| DECISION OF: | Peta Stilgoe, Presiding Member Stuart MacDonald, Member Christine Trueman, Member |
| DELIVERED ON: | 19 October 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | (a) Anne Caroline Laver is prohibited from applying for permission to teach for a period of 4 years from the date of this order. (b) Pursuant to s 161(2)(d) of the Act, the following notation is entered into the register of approved teachers: i) Should Anne Caroline Laver reapply for registration as a teacher after the expiry of the prohibition period, the application should include a psychological report addressing the following: (1) Ms Laver’s general suitability to teach; (2) Her awareness of behaviour which may compromise the professional standing of a teacher and the profession of teaching; and (3) Understanding of, and full adherence to, the Queensland College of Teachers Code of Ethics. (c) Any psychological report referred to in clause i) must also include a reference to the fact that the report writer was provided with copies of the statement of agreed matters dated 5 August 2011 and a copy of this decision. | ||
| CATCHWORDS: | TEACHERS – PENALTY – where teacher convicted of indictable offence – where indictable offences not “serious” – where teacher convicted of stalking with aggravation – where teacher convicted of wilful damage (graffiti) with aggravation | ||
APPEARANCES and REPRESENTATION (if any):
This matter was heard on the papers in accordance with section 32 of the Queensland Civil and Administrative Tribunal Act 2009.
REASONS FOR DECISION
Anne Caroline Laver is a former approved teacher whose name was removed from the register at her request on 20 May 2011.
She was first registered to teach in Queensland on 29 April 1987 and at the time of this hearing was 49 years old.
In June 2009, the Queensland College of Teachers (“QCT”) received information from the Queensland Police Service pursuant to s 75 of the Education (Queensland College of Teachers) Act 2005 notifying QCT that Ms Laver had been charged with various criminal offences.
On 24 February 2011 the Professional Practice and Conduct Committee authorised QCT to refer the matter to QCAT under section 115(1)(b) of the Act. On 1 June 2011, the Professional Practice and Conduct Committee authorised QCT to refer the matter to QCAT on enlarged grounds. The particulars of the application are that Ms Laver, whilst a teacher:
a)Was convicted of an indictable offence, other than a serious offence, in that she was convicted of one count of “unlawful stalking, uses/threatens violence”. The Court ordered that a conviction be recorded and Ms Laver was sentenced to imprisonment for 18 months, wholly suspended for five years.
b)Was convicted of one count of unlawful stalking, two counts of wilful damage by graffiti involving obscene or indecent representations and two counts of wilful damage by graffiti. The Court ordered that a conviction be recorded and Ms Laver was sentenced to probation for three years.
The Evidence
The parties have provided the tribunal with an agreed statement of facts. The statement acknowledges Ms Laver’s convictions as recorded in paragraph 4 above together with the following, additional information:
a)A restraining order pursuant to s 359F of the Criminal Code was made in relation to two complainants in the criminal proceedings.
b)Unlawful stalking is a crime under s 359E(1) of the Criminal Code. Section 359E(3) establishes aggravating circumstances for the offence.
c)Wilful damage by graffiti, as committed by Ms Laver, is a crime under s 469 of the Criminal Code. Section 469(2) establishes aggravating circumstances for the offence.
d)Section 3 of the Criminal Code establishes that crimes and misdemeanours are indictable offences.
e)Offences against ss 359E and 469 of the Criminal Code are not “serious” within the meaning of s 167 of the Commission for Children and Young People and Child Guardian Act 2000.
The parties also agreed that the sentencing remarks of His Honour Judge Rackemann in the District Court at Brisbane contained the following:
a)Ms Laver started stalking the first complainant (her psychiatrist) in 2008 via telephone calls, a bomb threat and a threat of physical harm.
b)Ms Laver posted flyers purporting to be an invitation to a “coming out” party and a purported invitation to a “Halloween Gay Orgy”, both of which came to the attention of numerous people, including one of the first complainant’s professional colleagues.
c)Correspondence was sent to another of the first complainant’s professional colleagues containing the Halloween invitation and other words suggesting that the first complainant was unethical, destroys mental health, is corrupt and abuses patients.
d)A similar letter was sent to the Royal Australian and New Zealand College of Psychiatrists.
e)In 2009, a colleague of the first complainant received an email alleging that she was a “corrupt cunt” and ruins the mental health of patients.
f)The second complainant was a male teacher against whom Ms Laver had previously made a baseless allegation of sexual harassment.
g)In 2009, the second complainant received from his school principal a copy of a flyer accusing him of paedophilia, accusing the school of protecting him and warning people to protect their daughters.
h)Similar flyers were circulated and placed in public places near the second complainant’s school and sent to principals of other schools in Brisbane.
Ms Laver’s conduct also involved placing vulgar graffiti on a residence thought to belong to the first complainant, which actually belonged to an innocent party, and the sending of offensive cards to the owner of that property.
The tribunal has read the police report and the sentencing remarks of his Honour. We are satisfied that, pursuant to s 12(3)(a) of the Education (Queensland College of Teachers) Act, Ms Laver has behaved in a way that does not satisfy a standard of behaviour generally expected of a teacher. The tribunal is further satisfied that, prima facie, Ms Laver is “not suitable to teach” within the meaning of s 92(1)(h) of the Act and that grounds for disciplinary action pursuant to s 161 of the Act exist within the meaning of section 158(1) of the Act.
Penalty
The parties agree that the grounds for disciplinary action that Ms Laver is not suitable to teach within the meaning of s 92(1)(h) of the Act is established. They also agree the appropriate penalty should be that:
a)Ms Laver is prohibited from applying for permission to teach for a period of 5 years from the date of order.
b)Pursuant to s 161(2)(d) of the Act, the following notation is entered into the register of approved teachers:
i) Should, after the expiry of the prohibition period, Anne Caroline Laver reapply for registration as a teacher, it is recommended that such include psychological report addressing the following:
(1)Ms Laver’s general suitability to teach;
(2)Her awareness of behaviour which may compromise the professional standing of a teacher and the profession of teaching; and
(3)Understanding of, and full adherence to, the Queensland College of Teachers Code of Ethics.
ii) Any psychological report referred to in clause i) include a reference to the report writer being provided with copies of: the facts and circumstances; and the disciplinary decision.
The tribunal considers that the behaviour of Ms Laver was very serious and that she is not suitable to teach. Ordinarily, an offence of this nature would attract the maximum penalty of 5 years. However, the tribunal is mindful that the District Court has imposed a three-year probation period with strict conditions as to reporting and psychiatric treatment and that she has been sentenced to a term of imprisonment, wholly suspended for 5 years. The District Court’s sanctions were imposed on 28 October 2010. It seems illogical to us that the sanction imposed by this tribunal should extend beyond the period of the more onerous sanction imposed by the Court.
[10] Ms Laver should be prohibited from reapplying for registration as a teacher for a period of 4 years. Given Ms Laver’s psychiatric history, we consider it appropriate that any application for registration should demonstrate her fitness to teach.
[11] The orders of the tribunal are:
a)Ms Laver is prohibited from applying for permission to teach for a period of 4 years from the date of this order.
b)Pursuant to s 161(2)(d) of the Act, the following notation is entered into the register of approved teachers:
i) Should Ms Laver reapply for registration as a teacher after the expiry of the prohibition period, the application should include a psychological report addressing the following:
(1)Ms Laver’s general suitability to teach;
(2)Her awareness of behaviour which may compromise the professional standing of a teacher and the profession of teaching; and
(3)Understanding of, and full adherence to, the Queensland College of Teachers Code of Ethics.
c)Any psychological report referred to in clause i) must also include a reference to the fact that the report writer was provided with copies of the statement of agreed matters dated 5 August 2011 and a copy of this decision.
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