NDIS Worker Check clearance granted to teacher accused of sexual assault

A male teacher who allegedly sexually assaulted another educator in front of a student was granted an NDIS Worker Check despite being the subject of an active Education Department investigation.

A male classroom teacher who allegedly sexually assaulted another educator in front of a student was granted an NDIS Worker Check clearance. Picture: iStock

A male classroom teacher who allegedly sexually assaulted another educator in front of a student was granted an NDIS Worker Check despite being the subject of an active investigation by the Department of Education into his conduct.

The shocking details about the former educator’s alleged behaviour were heard at the NSW Civil and Administrative Tribunal in May during a hearing over whether he should keep his NDIS clearance.

Tribunal documents state the man became the subject of a workplace investigation conducted by the Department of Education in early 2021 following a complaint made by a teacher after he allegedly had “non-consensual sexual intercourse” with her on school grounds in front of a student in a classroom.

He denied the allegations but admitted to having a sexual relationship with a teacher on and off school grounds when “students had left”.

His contract with the school was immediately terminated.

The teacher accused of sexual assault in a classrooms, was approved for working with the disabled. Picture: Burak Sr

NCAT heard that eight separate allegations of misconduct against the former teacher were set out in a letter from the Department in November 2021.

However, despite the ongoing Department investigation, the man was granted an NDIS Worker Check by the Office of Children’s Guardian (OCG) after applying for the clearance, which was granted in February 2022 and valid for five years.

The tribunal heard that almost a year later in January 2023, the Department of Education notified the man that an allegation of “unwelcome sexual intercourse” with the woman likely occurred in view of the student on school grounds.

“Some of the allegations of verbal comments and physical gestures of a sexual nature to various colleagues at the school, both on and outside of school grounds, were also sustained,” court documents said.

The former teacher was permanently placed on the Department’s ‘Not to Be Employed’ List and he was reported to the Office of Children’s Guardian.

The tribunal stated that in January this year the man filed an administrative review application seeking a review of the cancellation decision of NDIS clearance check.

On July 4, NCAT affirmed the OCG’s decision to cancel the man’s NDIS clearance, saying he was a “risk of harm to persons with disability”.

Separate from the proceedings, it’s understood the man no longer holds a Working with Children Check (WWCC).

The teacher was placed on the Education Department’s ‘Not to Be Employed’ list. Picture: iStock

It’s also believed a complaint was made to NSW Police about the man’s alleged conduct but was later withdrawn.

In NCAT’s findings it said: “Exposure of persons to this conduct, particularly persons with disability who are vulnerable and require protection from abuse, violence, neglect and exploitation, is widely accepted to have the potential to result in significant and lasting psychological harm.”

The tribunal also said that the man’s “lack of remorse” and insight into the “risk of harm” his conduct poses to people with disabilities was of significant concern.

“The tribunal is satisfied that this conduct poses a risk of harm to persons with disability.”

An OCG spokesman said while the authority could not comment on individual investigations, the Department of Education was required to report allegations of sexual misconduct and other allegations of reportable conduct.

“However, an important factor to consider includes the need, and time it takes, to gather sufficient, reliable evidence on which to make a decision,” he said.

A NSW Education Standards Authority (NESA) spokesman said strict processes were in place to suspend or revoke a teacher’s accreditation upon receiving a notification of misconduct from an employer, another agency or following relevant criminal charges.

“A person whose teacher accreditation is revoked or suspended cannot be employed to teach in any registered school or approved centre-based early childhood service,” he said.

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Originally published as NDIS Worker Check clearance granted to teacher accused of sexual assault