New laws will make it a criminal offence for teachers to have a sexual relationship with any student
LAWS to close a bizarre legal loophole which meant it was not illegal for teachers to have sex with students older than 16 who were not in their class will be introduced to state parliament today.
NSW
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LAWS to close a bizarre legal loophole which meant it was not illegal for teachers to have sex with students older than 16 who were not in their class will be introduced to state parliament today.
Attorney-General Mark Speakman will introduce an amendment to special care laws which will make it a criminal offence for teachers to have a sexual relationship with any student at their school. It will specify that this is also the case for principals, deputy principals, counsellors, welfare officers, year advisers or anyone who has care or authority over students.
The government moved quickly after The Daily Telegraph in December revealed that charges against a PE teacher, 49, who had sex with a 17-year-old student were dismissed by an appeals court because he was not teaching her that year.
The former Port Stephens teacher, who can only be known as PJ, admitted to having sex with the student on three occasions in 2015.
A further 14 teachers have been removed from classrooms and are being investigated by the education department for “reportable conduct” or “pending criminal charges” regarding students.
Mr Speakman said the amendment would better protect students who are “entitled to a safe learning environment, free from sexual exploitation and manipulation by those in a position of authority and trust”.
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PJ was removed from the classroom and placed in an administration role, on full pay, after he was charged in February 2016. He is now suspended, without pay, and awaiting trial for allegedly trying to bribe the teenager to not give evidence against him.
The education department said 14 teachers removed from the classroom for alleged inappropriate conduct towards students remain employed on full pay while investigations, or in two instances court cases, are pending.
A spokesman said the “risk management practice is to put employees on alternative duties away from schools pending the outcome of proceedings ... In exceptional circumstances an employee can be suspended without pay”.