Wamuran teacher, Troy Darren Churchward, loses QIRC appeal

A Queensland teacher, who was suspended from duty after being charged with indecent treatment of children offences, has failed in his bid to secure sick leave.

Maroochydore Court House. Photo:Barry Leddicoat / Sunshine Coast Daily

A Sunshine Coast teacher, who was suspended from duty after being charged with serious criminal offences, has failed in his bid to secure sick leave, court documents reveal.

Wamuran State School teacher Troy Darren Churchward filed an application to appeal the decision made by the Department of Education in the Queensland Industrial Relations Commission.

The decision regarding the matter was delivered on December 13, 2024.

Court documents state Mr Churchward was charged with serious criminal offences regarding his private conduct during his employment at the school in July, 2024, which prompted the Queensland College of Teachers to suspend his registration.

A court list from the Maroochydore Magistrates Court in September 2024 shows Mr Churchward faces three charges of indecent treatment of children under 16.

Mr Churchward was initially placed on suspension without remuneration from August 28, 2024.

On September 10, Mr Churchward provided a medical certificate stating he was unfit for work, backdated from July up until the end of September.

At the end of this period it was determined the suspension without remuneration period would begin, according to the court documents.

The initial unpaid sick leave request was granted, however, a further unpaid sick leave request by Mr Churchward to cover from October to December, 2024 was rejected.

A letter to Mr Churchward explained that a staff member suspended without remuneration was not eligible to claim sick leave.

According to the court documents, Mr Churchward claims this rejection was a disciplinary action taken by the Department of Education, and he subsequently filed a public sector appeal.

QIRC commissioner Peter O’Neill described Mr Churchward’s attempts at gaining unpaid sick leave as a way to avoid his suspension.

“The fact that the Appellant in the present case was seeking unpaid sick leave will not alter the fundamental conclusion from that decision that once suspended, it was not appropriate for the Appellant to utilise personal leave to avoid the suspension,” Mr O’Neill said.

It was also determined Mr Churchward’s application regarding the department’s decision emailed on September 13, 2024 had been filed two weeks late.

Mr O’Neill ultimately ordered the appeal not be heard given Mr Churchward’s application was late and he had made no application for more time.