Primary school teacher Elsa Brissenden fights interim suspension in court
A talented musician and former grade one teacher at a Meadow Heights primary school is fighting to return to work, deeming her interim suspension as unlawful in court.
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A talented musician and former grade one teacher at a Meadow Heights primary school is fighting her interim suspension as a Victorian educator in court.
Elsa Brissenden, who was a teacher at Bethal Primary School until mid 2022, filed papers in the Supreme Court in May.
Ms Brissenden, a trumpet player, was suspended on an interim basis in June last year by the teaching regulator, the Victorian Institute of Teaching (VIT).
The court papers ask for a judicial review of the decision to revoke Ms Brissenden’s teaching registration.
They claim the defendant, the VIT, did not conduct a preliminary assessment before initially suspending her and that the decision to do so was made in error and was unlawful.
Ms Brissenden is arguing that she does not “pose an unacceptable risk of harm to children and that the suspension was necessary to protect children”.
The papers do not reveal the reason for the initial suspension.
Ms Brissenden is a trumpet and trombone player for the Melba Big Band which played at the Newport Jazz Festival in May. The Melba Big Band is a 17-piece all-female ensemble.
She is also an editor for the Australian Trumpet Guild.
Ms Brissenden is also arguing the VIT did not also have the power to continue the initial suspension at least 12 times. Under the institute’s rules, an interim suspension must be reviewed at least every 30 days.
A spokesperson for the VIT said registration of a teacher can be suspended on an interim basis where the VIT has formed a reasonable belief that the teacher poses an unacceptable risk of harm to children.
“Under these arrangements the VIT is required to review the basis of the interim suspension every 30 days,” the spokesperson said.
“As this matter is before the court, it would be inappropriate to comment further.”
The Australian Education Union is representing Ms Brissenden.
Ms Brissenden was contacted for comment.
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