If a teacher is subject to a police investigation, or charged with an offence, there may be serious consequences – both within the criminal justice system, as well as reputation, employment and teacher registration. 

The Education (Queensland College of Teachers) Act 2005 (Qld) gives the Queensland College of Teachers power to immediately suspend a teacher’s teaching registration where they have been charged with committing an offence.

The QCT Act imposes mandatory reporting obligations on teachers.  A teacher must report any change in their "criminal history" as soon as reasonably practicable.  "Criminal History" is very broadly defined. It includes being charged with an offence, and applies regardless of whether the offence is an indictable, traffic or simple offence, and regardless of whether it arose in the course of a teacher’s employment.  Failure to disclose in a timely fashion may be viewed unfavourably by the Queensland College of Teachers. 

Like every person, teachers charged with a criminal offence have the right to remain silent.  Understanding this fundamental legal principle is especially important for teachers.  School principals, for instance, may request that the teacher provide a statement or version of events about the allegations.  A teacher may feel pressured to explain their side of the story, especially if they fear that their employment may be in jeopardy.  Whether or not a person provides a statement or version of events can have an enormous impact on the outcome of the proceedings.  The right to remain silent means that a teacher cannot be forced to provide a version of events to police. 

The legal landscape around the right to silence and employment obligations is very complex.  You should always seek legal advice before talking to the police or any other person about criminal allegations.

Seek legal advice

If you are charged with an offence, the Queensland College of Teachers has prepared a disclosure form.  Further disclosure obligations apply once the matter is finalised.  Importantly, teachers must still disclose the outcome even if the charge was dismissed, or they were found to be not guilty, or no conviction was recorded.  Not all charges or convictions will lead to a loss of employment or disciplinary action. The more serious the offence, and whether it is connected to the safety or wellbeing of children, are major considerations. There may also be Blue Card consequences.

Where a person’s employment, reputation and livelihood are on the line, it is essential to obtain independent and expert legal advice as soon as possible.

Jasper Fogerty Lawyers have represented teachers charged with many different offences and assisted to navigate the disclosure and disciplinary process with the Queensland College of teachers.  

You can contact us 2 and one 4/7 of our expert lawyers will be able to assist you.

This article is general in nature and should not be relied upon as legal advice.