Ex-teacher who faced grooming charges can work with children after VCAT ruling

An ex Mornington Peninsula and Melbourne south east teacher who faced complaints of inappropriately touching boys has won a bid to work with children again.

A former teacher has won a VCAT bid to work with children again.

A former primary school teacher on the Mornington Peninsula and in Melbourne’s south east who faced complaints of inappropriately touching young male students — and a Magistrate said had failed to learn from his past behaviour — has won a VCAT bid to work with children again.

The ex Victorian teacher and Scout mentor, who can only be referred to as TXD and has moved to Tasmania, wants to be able to adopt his partner’s 13-year-old child, who has gender dysphoria and is seeking medical intervention to stave off puberty.

TXD co-parented the child but the gender change was opposed by the child’s biological father, the Victorian Civil and Administrative Tribunal heard.

TXD was refused teaching registration in Tasmania in 2019 and lost his appeal of the decision in the Magistrates’ Court of Tasmania, with the Magistrate determining he was not of good character, had not learnt from his past mistakes and his behaviour did not meet the standard expected of teachers, it was told.

He was first suspended from a Mornington Peninsula school, pending a Department of Education investigation, over 2011 allegations that he inappropriately touched three male students in his junior class, the tribunal heard.

TXD’s matter was heard at VCAT in December 2022 with the decision handed down on April 19, 2023. Picture: Supplied

In those matters one child had alleged that on five occasions between Term 2 and Term 4,

the teacher had rubbed his back, stomach, and groin area through his school pants. In the second case a witness alleged they saw TXD sitting in a chair with his legs spread wide apart, allowing a child to stand between his legs “whereby the student’s body was close to the Applicant’s groin and inner thigh”. And in the third case, a witness alleged they saw TXD rubbing a student’s stomach.

TXD later resumed teaching but was suspended again in late 2014 from another school located in the City of Casey, when he was in his mid-20s, over allegations he indecently assaulted a former student he was mentoring, and rewarded for good behaviour with excursions and sleepovers.

The child’s mother reported the teacher’s arrangement with the 12 year-old to police.

In April 2015, TXD was charged with two child grooming offences and committed to stand trial in the County Court, and had his Working With Children (WWC) approval revoked.

One of the charges was struck out and in early 2017 he was acquitted of the remaining charge.

“The consequence of the acquittal and the striking out/withdrawal of the other charge . . . triggered a ‘relevant change in circumstances’ meaning the Applicant (TXD) was eligible to make a further application for an assessment notice (WWC),” VCAT president Michelle Quigley said.

In ordering this week the Victorian Department of Justice and Community Safety “issue a WWC Clearance forthwith” for TXD, she said “in delicate circumstances such as this”, and after considering all the evidence, it was not in the community interest to refuse his application.

The VCAT president does not share the same view as a Tasmanian Magistrate on TXD. Picture: Mike Keating

“I note that the Magistrate in Tasmania considered the Applicant had failed to learn from his past behaviour, however, I am not of the same view,” Justice Quigley said.

“I consider that there is sufficient material and sufficient time has passed to satisfy the Tribunal that the Applicant has matured and demonstrated sufficient self-analysis to be well aware that however naively he took on the role of mentoring a difficult and troubled child and in respect of the other matters which are raised against him, that he understands the dangers and vulnerability teachers, in particular male teachers, may be presented with if they do not have the appropriate techniques at their disposal.”

The tribunal heard an overhaul of the Victorian legislation covering WWC approvals had come into effect on February 1, 2021.

Once granted, a WWC Clearance remains in force for five years unless revoked sooner or surrendered.