Former teacher’s bid to return to teaching denied by VCAT

A former teacher who allegedly told his son to fetch a dagger so he could “cut his mum into pieces” has learned whether or not he can return to teaching.

A tribunal heard a man allegedly abused his wife in front of his son.

A former Victorian teacher who allegedly told his young son to fetch a dagger so he could “cut his mum into pieces” has launched a legal bid to return to the classroom.

The man, who cannot be named to protect the identity of his children, was stripped of his working with children clearance after he was accused of violently assaulting his wife in the presence of their nine-year-old son on Boxing Day 2020.

He was charged with offences including intentionally causing injury, making a threat to kill and false imprisonment – after the wife escaped and made a statement to police.

But the charges were withdrawn in June 2021 when she said she did not wish the matter to proceed to court.

The ex-educator, who now works as a truckie, applied to the Victorian Civil and Administrative Tribunal (VCAT) seeking a review of the Department of Justice and Community Safety’s decision to slap him with an “exclusion” and refuse him a working with children clearance.

The man, aged in his 40s, claimed he needed the clearance because he “wishes to return to teaching” despite not working in the industry for years.

But tribunal member Elisabeth Wentworth on Thursday upheld the department’s decision, finding there was a “real risk of harm to the safety of a child who may be in his care”.

It was detailed to the tribunal how on the day of the alleged assault, the husband suffocated his wife by putting his hands over her mouth and threatened to kill her.

He then allegedly asked his son to get a dagger so he could use it to “cut his mum into pieces”, before telling him not to worry because the wife has started to “listen to him”.

“The alleged conduct was violent, controlling, and likely to be terrifying for both mother and child,” Ms Wentworth said.

“A child not only witnessed some of what occurred but was involved by the applicant in his threat to use a dagger to kill the child’s mother.

“It is clear … she would have believed she was fighting for her life.”

In 2021, the department was forced to reassess the man’s suitability to work with children even though the charges were later withdrawn.

The tribunal member added there was no indication the charges were withdrawn “because of doubt about the veracity of the victim’s statement”.

According to medical evidence, it was “probable” the man was suffering from a psychotic episode related to his bipolar affective disorder.

However, Ms Wentworth said it was not enough he engaged and remains engaged with mental health services.

“The fact that the applicant allegedly engaged in conduct of this nature while suffering a psychotic episode, with a direct risk of serious harm, is highly relevant to an assessment of the risk of future harm to a child should the applicant suffer another episode while a child is in his care,” she said.

“If he has a relapse, for whatever reason, I agree that there is a real risk of harm to the safety of a child who may be in his care.”

The tribunal heard the man, who obtained his teaching qualifications in another state about 15 years ago, is not currently registered with the Victorian Institute of Teaching.