Queensland College of Teachers v Teacher BYJ
[2018] QCAT 107
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- Queensland College of Teachers v Teacher BYJ[2018] QCAT 107
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Queensland College of Teachers v Teacher BYJ[2018] QCAT 107
Queensland College of Teachers v Teacher BYJ[2018] QCAT 107
CITATION: | Queensland College of Teachers v Teacher BYJ [2018] QCAT 107 |
PARTIES: | Queensland College of Teachers (Applicant) v Teacher BYJ (Respondent) |
APPLICATION NUMBER: | OCR120-17 |
MATTER TYPE: | Occupational regulation matters |
HEARING DATE: | On the papers |
HEARD AT: | Brisbane |
DECISION OF: | Presiding Member Hughes Member Goodman Member Grigg |
DELIVERED ON: | 13 April 2018 |
DELIVERED AT: | Brisbane |
ORDERS MADE: |
BYJ is prohibited from applying for registration until the following requirements are met:
|
CATCHWORDS: | EDUCATION – TRAINING AND REGISTRATION OF TEACHERS – where teacher suspended – where grounds for disciplinary action established – where teacher convicted of indictable offence – where teacher behaved in a way that does not satisfy the standard of behaviour generally expected of a teacher – where cancellation of the teacher’s registration is appropriate – where teacher prohibited from re-applying for registration until requirements imposed by the tribunal are met PROCEDURE – MISCELLANEOUS PROCEDURAL MATTERS – whether in interests of justice to grant non-publication order – where teacher has been a party to proceedings under Domestic and Family Violence Protection Act 2012 (Qld) – whether publication of material likely to identify teacher – where non-publication order granted Domestic and Family Violence Protection Act 2012 (Qld), s 159 Education (Queensland College of Teachers) Act 2005 (Qld), s 3, s 92, s 160, Schedule 3 Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66 Queensland College of Teachers v Teacher BYJ [2016] QCAT 504 |
APPEARANCES: |
|
This matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).
REASONS FOR DECISION
- [1]Teacher BYJ is a registered teacher in Queensland, described as a ‘relevant teacher’ in the legislation.[1] She is currently 39 years of age and has been registered as a teacher since 18 January 2001.
- [2]
- [3]Between 2012 and 2017, BYJ engaged in ongoing anti-social and violent behaviour, resulting in numerous criminal charges and Court appearances.[3] Sadly, the charges have resulted from BYJ’s behaviour when under the influence of alcohol. They include public nuisance, assaulting/obstructing police, trespass, serious assault on police, wilful damage, assault, entering a dwelling with intent, being drunk in a public place, breach of probation, and breach of a domestic violence order.
- [4]The parties agree, and the Tribunal finds, that a ground for disciplinary action is established as BYJ has been convicted of an indictable offence that is not a serious offence.[4]
- [5]The parties agree, and the Tribunal finds, that a further ground for disciplinary action is established as BYJ has behaved in a way that does not satisfy the standard of behaviour generally expected of a teacher.[5]
- [6]Having found that two grounds for disciplinary action are established, the Tribunal must determine the appropriate disciplinary sanction. BYJ is an approved teacher and the legislation sets out the sanctions for the Tribunal to impose.[6]
- [7]In determining the appropriate sanction, the Tribunal has had regard to the main objects of the Education (Queensland College of Teachers) Act 2005 (Qld) – to uphold the standards of the teaching profession and to maintain public confidence in the teaching profession.[7]
- [8]BYJ’s offences have arisen out of her abuse of alcohol. Her behaviour, as described in police statements, falls well short of the standard of behaviour necessary to maintain public confidence in the teaching profession. While heavily intoxicated BYJ:
- Has been found slumped in a doorway near licensed premises;
- Has been abusive towards members of the public and threatening and abusive towards the police, including kicking police officers;
- Entered the premises of people unknown to her and refused to leave;
- Approached and abused members of the public;
- Followed a woman and her children home and banged on the front door while yelling and crying, before going underneath the house and moving items around;
- Entered a home via an unlocked door and asked the occupant for alcohol;
- Entered a home in a distressed state, abused and threatened the residents and smashed a guitar;
- Entered a home without permission and advised children in the home that she was a teacher before demanding alcohol from the home owner;
- Entered a car uninvited and sat beside a small child, becoming abusive when the car owner yelled at her to leave the car;
- Was found lying curled up on the back deck of a neighbour’s property;
- Refused to leave a rehabilitation centre, causing a disturbance; and
- Was aggressive and threatening in the home of her own children while they were present.
- [9]In each case, police were called and BYJ was charged with the offences in the annexure.
- [10]BYJ’s behaviour has been ongoing for some five years and has continued despite the criminal charges, the increasing seriousness of penalties imposed by the Courts, her suspension from teaching, and the current proceedings in this Tribunal.
- [11]The Tribunal has the benefit of a report dated 17 August 2017 by BYJ’s treating psychiatrist, who treats BYJ through a drug and alcohol rehabilitation program. BYJ attends approximately weekly and is prescribed daily medication (naltrexone) to reduce the risk of relapse. BYJ was treated in hospital from 20 July 2017 to 28 July 2017.
- [12]The psychiatrist’s report relevantly states:
- BYJ has ‘stabilised well, has responded well on naltrexone, and is committed to ongoing abstinence’;
- BYJ’s prognosis is guarded. She continues to attend the program and is committed to the goal of abstinence. She continues to have difficult psychosocial circumstances relating to the breakdown of her marriage, ongoing conflict with her ex-husband regarding management of their sons, financial difficulties from not working, and domestic instability looking for a stable place of residence. Alcohol has a significant detrimental effect on her capacity to manage her various stressors. These stressors also have a significant effect upon precipitating relapses of alcohol abuse;
- BYJ needs a significant period of abstinence and stabilisation of the Substance Use Disorder prior to returning to the workforce, so that she may effectively manage the work stressors and be able to work safely as a teacher; and
- A two-year cancellation of BYJ’s registration is likely to have an adverse but temporary effect on her rehabilitation. However, in the long-term, her successful rehabilitation will be primarily determined by her commitment to treatment, compliance with treatment and resulting long-term abstinence.
- [13]BYJ’s behaviour raises serious concerns for the Tribunal. A warning or reprimand is not sufficient. The parties acknowledge this.
- [14]The Queensland College of Teachers (QCT) submitted that BYJ’s registration as a teacher should be cancelled and that BYJ should be prohibited from applying for registration for 2 years, and until she:
- undergoes treatment for her alcohol dependence with a psychiatrist and remains fully compliant with treatment for a period of at least six months;
- provides evidence (by way of medical testing) of her abstinence from alcohol for a period of six months, or longer if determined by the psychiatrist;
- provides a report from her treating psychiatrist addressing treatment undertaken, test results, suitability to teach, an assessment of the likelihood of returning to her previous behaviour, awareness of behaviour that would compromise the professional standing of a teacher and the teaching profession, and an understanding of and adherence to the QCT Code of Ethics.
- [15]The QCT further submitted that the Tribunal impose abstinence, ongoing psychiatric treatment and medical testing, and the provision of the Tribunal’s orders and reasons to her employer as conditions on any future registration.
- [16]BYJ agreed that a two-year suspension of her registration with these conditions is appropriate, but did not agree that it would be appropriate to cancel her registration. She submitted that cancellation of her registration would ‘make it onerous upon her’ to regain registration and would significantly affect her rehabilitation and mental health. The Tribunal notes that BYJ’s psychiatrist considers the effect would be adverse but temporary.
- [17]The Tribunal has taken into account the following mitigating factors:
- BYJ has been registered for over 15 years and there is no evidence of any significant incidents of concern in her workplace;
- BYJ has significant personal stressors that have affected her state of mind and, she says, led to her alcoholism. These include the breakdown of her marriage, the death of her mother, post-natal depression, and her being raped; and
- BYJ has sought treatment for her alcoholism and expressed a desire to overcome her Substance Use Disorder.
- [18]The Tribunal is, however, satisfied that a cancellation of BYJ’s registration is appropriate, and is the outcome most consistent with furthering the objects of the Act. This is because:
- BYJ’s anti-social and violent behaviour has continued over an extended period;
- BYJ has directed aggressive and threatening behaviour towards both members of the police and the community, causing alarm;
- BYJ has committed assaults and property damage; and
- Children have been exposed to BYJ’s inappropriate and frightening behaviour during some of the incidents.
- [19]The Tribunal accepts that BYJ wishes to remain abstinent from alcohol. Unfortunately, she is yet to demonstrate the capacity to do so. The cancellation of BYJ’s registration is appropriate while she continues to work towards her commendable goal of abstinence.
- [20]The conditions proposed by the QCT are appropriate and allow BYJ the opportunity to provide evidence that she is able to sustain a prolonged period of abstinence. The conditions are necessary to advance the objects of the Act and will form part of the Tribunal’s Orders.
Non-Publication Order
- [21]The Tribunal may make an order prohibiting the publication of information that would allow the identification of a person who is affected by these proceedings.[8]
- [22]BYJ has been a party to domestic violence proceedings. The Domestic and Family Violence Protection Act 2012 (Qld) therefore prohibits publishing information that would identify BYJ, or is likely to lead to her identification.[9] Accordingly, it is in the interests of justice for the Tribunal to make a non-publication order prohibiting the publication of information that may enable the identification of BYJ.
Footnotes
[1]Education (Queensland College of Teachers) Act 2005 (Qld), Schedule 3.
[2]Queensland College of Teachers v Teacher BYJ [2016] QCAT 504.
[3]Annexure 1 to Agreed Statement of Facts filed 26 October 2017.
[4] Education (Queensland College of Teachers) Act 2005 (Qld) s 92(1)(b).
[5]Ibid, s 92(1)(h).
[6]Ibid, s 160.
[7]Ibid, s 3.
[8]Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66.
[9]Domestic and Family Violence Protection Act 2012 (Qld), s 159.