TEACHER REGISTRATION BOARD OF WESTERN AUSTRALIA and CLARKE

In the matter of the Teacher Registration Board of Western Australia and Clarke, the dispute centered around the appropriate disciplinary penalty to be imposed on the respondent, Clarke, for engaging in serious misconduct that constituted a disciplinary matter under the Teacher Registration Act 2012 (WA). The agreed minute proposed that the Tribunal should order Clarke to be disqualified from applying to be registered as a teacher for a period of 3 years backdated to 3 May 2017. However, the practical effect of making such an order would mean the Tribunal would not have imposed any prospective order of disqualification on Clarke. The court had to decide whether an allowance should be made for the fact that Clarke had not been registered as a teacher since 3 May 2017 and whether it was open to the Tribunal to backdate the commencement of the disqualification period. Additionally, the court needed to consider how to account for the fact that Clarke's non-registration was significantly attributable to his belief that he would not be re-registered until the disciplinary proceedings concluded.

The court examined the 3-year disqualification period proposed by the agreed minute, noting that such a period was consistent with penalties ordered in similar matters within the Tribunal and in other states and territories. However, the court also acknowledged the infinite variations in disciplinary matters and the unique circumstances of each case. The court held that while comparable penalties could provide guidance for ensuring broad consistency in penalties imposed, reliance on penalties from other states or territories was more problematic unless the imposing court or tribunal operated under the same or a similar legislative framework. The court emphasised the need for careful consideration of the circumstances of each case and the importance of the Tribunal's ability to exercise its discretion in determining the appropriate penalty.

Ultimately, the court decided to reduce the period of disqualification to allow for 2 years and 6 months of the period of non-registration. This decision was made to account for the fact that Clarke had not been registered as a teacher since 3 May 2017 and to consider the impact of his belief that he would not be re-registered until the disciplinary proceedings concluded. The court's reasoning reflected a balanced approach, taking into account the need for consistency in penalties while also considering the unique circumstances of the case at hand.

The Tribunal ordered that Clarke be disqualified from applying to be registered as a teacher for a period of 2 years and 6 months, effective from the date of the Tribunal's decision. This decision ensures that Clarke is subject to a period of disqualification that reflects the seriousness of his misconduct while also accounting for the unique circumstances of his case.