Queensland College of Teachers v WLR [2025] QCAT 539

• [1] By way of background, WLR was a teacher at a Queensland regional secondary school commencing on 24 January 2019. WLR taught legal studies to former Student Y (DOB: 14 November 2002) in years 11 and 12 between 2019 and 2020 at that school. WLR last worked at the school on 25 May 2020 and resigned on 12 November 2020.
• [2] On or about 24 October 2021, former Student Y ('FSY') made a statement to the Queensland Police Service reporting allegations against WLR.
• [3] On or about 15 November 2021 the Applicant commenced an investigation to determine whether grounds for disciplinary action may exist against WLR.
• [4] This matter was referred to the Tribunal by the Applicant pursuant to sections 92 and 97 of the Education (Queensland College of Teachers) Act 2005 (Qld) ('the Act').
• [5] The Applicant submits that, while employed as a teacher, WLR engaged in behaviour which amounts to grounds for disciplinary action.
• [6] The Applicant makes the following allegations:

(a) Allegation 1: On unknown dates between March 2020 to May 2020, WLR engaged in inappropriate and/or overfamiliar behaviour with FSY during school hours at the school where she was employed.

(b) Allegation 2: On unknown dates between March 2020 and 22 May 2020, WLR flirted with and discussed sexual fantasies that involved FSY, including (but not limited to): placing FSY on a desk and digitally penetrating her; and putting FSY against a wall and having sex with her in the school drama room.

(c) Allegation 3: On unknown dates between March 2020 and 22 May 2020, WLR purchased gifts for FSY including (but not limited to) chocolates for Easter and a graphic novel entitled "Heartstopper".

(d) Allegation 4: On or about 07 October 2020, WLR facilitated the booking and payment of a one-way Jetstar flight from Rockhampton to Adelaide for FSY.

(e) Allegation 5: Between 09 October 2020 and an unknown date in April 2021, WLR allowed/encouraged FSY to reside at her residence in Adelaide.

(f) Allegation 6: On or about 10 October 2020, WLR commenced an ongoing intimate and/or sexual relationship with FSY, characterised by engaging in sexual intercourse with FSY; and engaging in sexual role play with FSY including acting out teacher/student roles with FSY.

(g) Allegation 7: On unknown dates between November 2020 and March 2021 WLR participated in the supply of drugs and alcohol to FSY, namely, but not limited to cannabis and absinthe alcohol.

• [7] The Applicant relies on evidence which includes written statements by a number of current or former teachers and students.
• [8] WLR has elected not to respond to the allegations made against her and has not filed any material in the course of this proceeding. WLR has made no submissions in relation to whether a disciplinary ground is established.
• [9] In the absence of evidence to the contrary, the evidence filed by the Applicant remains unchallenged and remains the best evidence available to the Tribunal.
• [10] The Tribunal is satisfied that:

(a) WLR attained initial teacher registration on 28 November 2018 and held her registration until 02 March 2021, when, due to non-payment of fees, her registration was cancelled. WLR is therefore a "former approved teacher" pursuant to Schedule 3 of the Act.

(b) WLR is a "relevant teacher" as defined in the Act.[1]

(c) The Tribunal has jurisdiction to determine the matter.[2]

• [11] The Tribunal must decide whether a ground for disciplinary action against WLR has been established.[3] The Tribunal must determine, pursuant to s 92(1)(h) of the Act, whether WLR has behaved "in a way, whether connected with the teaching profession or otherwise, that does not satisfy the standard of behaviour generally expected of a teacher".

• [12] On the basis of the Applicant's uncontested evidence, the Tribunal is satisfied that the following factual events occurred.
• [13] FSY was in WLR's Legal Studies class in Year 11 and in Term 1, Year 12. WLR took leave from the school in May 2020. There was a direct teacher/student relationship between FSY and WLR. FSY was elected School Captain in 2020. She was a high achiever academically.
• [14] FSY was a vulnerable student and, after seeing the Guidance Officer about depression, she was flagged by the school as a child at risk - suicide watch. WLR was aware of this vulnerability as she informed FSY of this information.
• [15] FSY explains that personalised contact began during the third school term in 2019 when she was in Year 11. WLR introduced her girlfriend to FSY at a netball game. The girlfriend then began engaging with FSY via Instagram. WLR also began talking to FSY via Snapchat at that time doing so without WLR's girlfriend's knowledge. The girlfriend was approximately one year older than FSY and was transitioning to a male midway through 2020 while adopting a new name. This person had previously been a student at a school where WLR engaged in pre-service teaching experience.
• [16] The messaging continued into 2020. FSY reported that WLR would message her throughout the school day and began flirting with her in text and in person.
• [17] Former Student W was a close friend of FSY. WLR took then Student W aside during a class and told her that she had a big crush on FSY.
• [18] Former Student W recalls that FSY disclosed to her that she and WLR would have conversations throughout the night over Messenger and Instagram.
• [19] Former Student M (a second close friend of FSY) and former Student W both witnessed long embraces between WLR and FSY and saw them "always hanging out."
• [20] On unknown dates between March 2020 to May 2020 during school hours, WLR placed her hands on and rubbed the thighs of FSY. She drew random lines on the arms and hands of FSY with a pen and held FSY's hand and kissed it. WLR stood between the legs of FSY then placed her face on the chest of FSY. WLR physically touched, hugged and held the hands of FSY. FSY stated that WLR was "super flirty", "super-touchy" and moved FSY's legs apart when she was sitting on a desk in the library AV room so she could stand between them. WLR was cautious about when and where these behaviours took place ensuring that other teachers were not present and she was aware that there were cameras throughout the school. WLR chose rooms where it was not possible to see through windows.
• [21] FSY expressed that she was uncomfortable with this behaviour and did not return the affection.
• [22] At this time, WLR was aware that FSY was 17 years old, a student in her class and was a student at risk.
• [23] On unknown dates between March 2020 and May 2022 WLR told FSY about sexual fantasises that involved her. These fantasies included placing FSY on a desk and digitally penetrating her and putting FSY up against a wall and having sex with her in the school drama room.
• [24] For Easter 2020, WLR purchased chocolates for FSY along with a comic book called "Heartstopper" about two gay boys in high school who fell in love. This was within the context of FSY telling WLR that she was not interested in a relationship with a female.
• [25] WLR last taught at the school on 25 May 2020. At that time, she and her partner moved to Adelaide with WLR taking up a teaching position. During the remainder of the year, WLR continued to communicate with FSY encouraging her to visit Adelaide.
• [26] During that period, FSY's relationship with her mother broke down, and FSY left home and moved in with her older brother. On 09 October 2020, FSY, with her brother and sister-in-law, visited the school administration to discuss having a few weeks away from school. Staff advised that it was not a good idea given that final year 12 exams were approaching. On that same day her brother and sister-in-law drove her to the airport. That evening she flew to Adelaide on a ticket paid for by WLR and her partner (purchased on 07 October 2020). FSY's cats were also transported. Records show that the purchase was made by card with the former name of the partner prior to transitioning to male and a new name.
• [27] Screen shots provided by FSY show that in the weeks leading up to the flight to Adelaide, WLR had been in constant communication with her often speaking for many hours at a time. WLR also sent her information about university courses in Adelaide in which she could enrol.
• [28] On arrival in Adelaide at 10:15pm on 09 October 2020, FSY was collected by WLR and her partner. She was taken to their home address. FSY was told to not say that she was residing with WLR. FSY was given a screenshot of another address (the partner's address) to say, if asked, that she was staying at that address.
• [29] FSY reported sexual contact occurring on that night of arrival. WLR's partner performed oral sex on FSY. FSY reports having a panic attack at which time they stopped and all three of them slept in the bed together.
• [30] FSY reported that the following night all three of them ended up having sex. FSY explained that the sex was penetrative sex with a toy worn by WLR's partner. FSY stated that this was the first time she had ever had sex. She was a virgin before going to Adelaide.
• [31] On 12 October, FSY contacted her school and advised she was staying with a cousin and intended to fly back for the final exams. Shortly after, she "dropped out" of school and did not complete her final exams. She explained via email to the school that she did not need to do the exams as she had been accepted into the Academy of Interactive Entertainment course in Adelaide and requested that she be taken off the roll.
• [32] At that time, evidence provided by FSY's mother, father and sister was that they were not aware FSY had travelled to Adelaide, nor did they know why or how she travelled. After meeting with the school on 21 October 2020, her father filed a missing person's report with QPS.
• [33] When South Australia Police ('SAPOL') attended the residence regarding the missing person report, WLR told them that she had not seen FSY when in fact FSY was residing with her. WLR later contacted the police to admit that FSY was in fact there. When SAPOL returned for a welfare check, WLR hid in another room while the police spoke with FSY.
• [34] During that period of residing with WLR, FSY reports that the three of them had sex on various occasions. FSY and WLR's partner would engage in sexual intercourse up to three times per week at first but later it was more often that she and WLR would engage in sexual intercourse.
• [35] FSY reported that WLR and her partner would engage in sexual role play scenarios with her. This included incest fantasies where WLR's partner was the "father" and teacher/student fantasies where WLR was the teacher. In one screenshot of a photo and caption, WLR texts "And calling (name of partner post transition) 'daddy' doesn't make him your guardian just your master". FSY stated that the partner had a "Daddy fetish" and that she and WLR were the daughters. This fetish included rape scenarios including violence with FSY describing screaming in pain.
• [36] FSY stated that she did not enjoy performing oral sex on WLR or wearing the strap-on dildo but felt pressured to do so by WLR as WLR made her feel bad if she did not do what was wanted.
• [37] FSY stated "A few months after I got there, it was the first time I drank alcohol. They gave me a mini bar bottle size of absinthe and let me smoke weed. I ended up drinking the whole bottle of absinthe straight and about 3 cones of smoking weed". This experience resulted in FSY having a major panic attack and difficulty breathing. She added that WLR and her partner thought she was pretending and did not take her seriously. They provided no support.
• [38] After the commencement of alcohol and cannabis, FSY reported that WLR and her partner encouraged her to use alcohol and drugs so that the sexual conduct they wanted to engage in was not so painful. WLR and her partner were also cannabis users.
• [39] The use of cannabis escalated, and FSY stated that she was smoking cannabis several times a day every day. WLR's partner told FSY that he loved the fact that he had corrupted her by smoking weed and drinking alcohol. The partner's father and brother supplied the cannabis.
• [40] Throughout this time, WLR and her partner exerted dominance over FSY. This included, but was not limited to, not providing FSY with a key to the house for a long time; not providing a MetroCard in order to leave the house; not allowing her to have any visitors; insisting that she lie about her age and how they met when in the company of friends of WLR; not posting anything on social media for fear of being recognised; encouraging her to accompany them to parties at their friends' place and drink alcohol so that the partner could engage in anal sex with her and not experience so much pain. WLR would guilt FSY into performing sexual acts and when she responded that she was not ready for that WLR would become angry.
• [41] When FSY began her university course in early 2021, she described the bus ride being an hour and a half from the campus to home. She would take a late bus trip to avoid being home.
• [42] In a statement to QPS, FSY recounted some examples of her self-harming whilst staying with WLR and her partner in Adelaide, including one incident of taking a large number of tablets in an attempted suicide. WLR and her partner did not take her to seek medical attention for fear that, due to her age, the hospital may need to call her mother. Consuming large numbers of tablets occurred on multiple occasions. FSY also recounted one time when she was feeling suicidal and collected all of the razors and tablets in the house and gave them to WLR for safe keeping. WLR then put them in a bag and left the bag in the same room as FSY then closed the door behind her and began house cleaning with loud music.
• [43] Throughout all this time, WLR was employed as a teacher in Adelaide.
• [44] Around mid-2021, FSY contacted her sister and asked her to come and get her. Her sister drove to Adelaide and collected her from the residence.
• [45] Evidence of the lasting impact on FSY was described by her mother who described her daughter as once having been a "social butterfly" to now being completely isolated and not leaving the house. Her mother also reported that, since that period, FSY has been in rehab for marijuana addiction; has attended several mental health providers and is under the care of a doctor all the time. This lasting impact was also confirmed by the Applicant's investigators who arranged to interview FSY on 24 August 2023, approximately two years after her statement to QPS, but she was unavailable due to hospitalisation for a mental health condition.
• [46] The impact on FSY has been life changing. She went from being a high-performing student and holding a senior student leadership role to dropping out of school and not graduating. She returned to her hometown from Adelaide addicted to cannabis and with mental health difficulties that appear to have persisted and impacted on her ability to work and function.

• [47] Past cases and sanctions have their own facts, mitigating factors and aggravating factors. Comparing and ranking them in terms of seriousness compared to the current matter is difficult however such comparisons provide a guide to the Tribunal in its determination.
• [48] The Applicant submitted the following previous matters:

(a) MUE[4] was a 39-year-old male teacher with around 10 years' experience. He engaged in an inappropriate and/or sexual relationship with a student, involving sexual intercourse on multiple occasions when she was in year 11, which continued beyond her graduation. He engaged in overfamiliar behaviour with the student during athletics lessons, transported the student on his motorcycle and/or car and engaged in sexual intercourse with the student when she was in year 11 on up to ten occasions. He purchased, supplied and drank alcohol with the student and consumed cannabis with the student. MUE was charged with unlawful possession of a dangerous drug after being found by police officers in a vehicle with the student. Various drug related items were in the vehicle at the time. MUE showed no level of insight or remorse for his behaviour and did not engage with the Applicant during the investigation or suspension phases. The Tribunal ordered that MUE be prohibited from applying for registration or permission to teach indefinitely.

(b) Duffin[5] engaged in inappropriate contact with a year 11 student whilst she was at school which progressed to a sexual relationship, involving sexual intercourse, which continued post-graduation. Over a period of approximately two and a half years, Duffin consumed alcohol with the student, touched the student over and under her clothing which eventually progressed to engaging in sexual intercourse. Duffin was the Head of Senior Years Social Science with around six years of experience. He consistently denied the allegations and there was no evidence to indicate any insight into the consequences of the conduct. The Tribunal ordered that Duffin be prohibited from applying for registration or permission to teach indefinitely.

(c) RTM[6] engaged in a relationship, involving sexual activity and intercourse, with a year 11 student both prior to and following graduation. He was a 35-year-old male teacher with around 11 years of experience. The relationship with a year 11 student spanned over two years involving sexual intercourse on at least five occasions prior to the student's graduation and continued for a further five months post-graduation. While at "Schoolies' week" RTM collected the then former student and took her back to his place for sex. Alcohol and drugs were not involved. RTM was uncooperative with the Applicant during the investigation and maintained a high level of deceit. The date of this decision was December 2016, and the Tribunal ordered that RTM be prohibited from applying for registration or permission to teach for seven years and eight months from the date of suspension along with the requirement to provide evidence of successful completion of a course in the area of professional boundaries and ethics for teachers plus a psychologist's report upon re-application. RTM was also ordered to pay $5,000 in costs.

• [49] In the current matter, WLR engaged in inappropriate physical contact/communication with a year 12 student while she was still at school and following the student leaving school during the school year. WLR engaged in sexual intercourse with FSY on multiple occasions during that year, 2020. Noting that FSY reported that she was a virgin when she arrived at WLR's residence in Adelaide and that they engaged in sexual intercourse the night after her arrival in October 2020, had FSY not left school to be with WLR, she would still have a been a current year 12 student at that time.
• [50] Given the undisputed nature of WLR's conduct and the life-changing impact it has had on FSY, including ongoing significant mental health issues requiring hospitalising, the Tribunal considered her behaviour to be more serious than MUE, Duffin or RTM.

• [51] The Applicant and the Tribunal both acknowledge that WLR was a very inexperienced teacher at the time when the conduct commenced. She was granted provisional registration at the end of 2018 and full registration at the end of 2019. WLR was still under provisional registration when the conduct commenced. It is also acknowledged that WLR was 22 years of age when the conduct began and this was her first teaching position.

• [52] WLR was in a relationship at the relevant time. Her partner, as reported by FSY, was also a student at a school in South Australia where WLR was completing her placement for her teaching degree. Their relationship began immediately after the placement finished. The partner was only one year older than FSY.
• [53] Whilst there was no significant age disparity between WLR and FSY (WLR was six years older), there was a significant power imbalance. WLR was aware of this and preyed upon that imbalance. There was also a significant imbalance in life experience particularly in the area of sexuality. WLR identified FSY and actively sought her out with grooming behaviour during 2019 and 2020. The power imbalance continued throughout the relationship including acting out the imbalance with teacher/student sex scenarios. FSY also reported that she was made to feel guilty of not complying with WLR's demands for sex and felt that she may be told to leave if she did not comply. She engaged in sexual acts partially under duress for fear of being abandoned. Additionally, WLR did not supply FSY with a key to the house for some time and did not arrange a MetroCard for public transport travel resulting in FSY being confined to the house for a considerable time.
• [54] WLR was aware of FSY's vulnerabilities. At one time, when WLR became aware of FSY meeting with the school Guidance Officer about depression and then the flag by the school of student at risk (suicide watch), WLR told FSY about that information. On occasions when FSY experienced panic attacks or self-harmed, WLR failed to support and minimised the behaviour considering it acting.
• [55] Introducing FSY to alcohol and drugs had a significant impact on the former student's life. She was encouraged to consume alcohol and cannabis in order to engage in sexual acts. FSY became addicted to cannabis use daily and, on her return to her family, underwent rehabilitation with minimal success as reported by her mother.
• [56] WLR engaged in deceptive behaviour. Whilst she was FSY's teacher, the hugging and other grooming behaviour occurred in places around the school where others could not see and security cameras could not record. Early social media chats were done behind the back of WLR's partner. When FSY went to Adelaide, WLR provided FSY with another address to use if asked where she was staying as WLR did not want anyone to know that they were living together. When SAPOL visited the house WLR lied about any knowledge of FSY. Subsequently, when she told SAPOL the truth, WLR hid in another room when police officers made a welfare check and spoke with FSY.
• [57] WLR demonstrated no insight or remorse. She continued working as a teacher in South Australia while maintaining the relationship with FSY. When she took FSY to any gatherings with her friends, WLR insisted that she lie about her age and how they met. There is no evidence of any remorse or concern for the consequences of her conduct.

• [58] Given the undisputed facts, and noting the objects of the Act:

(a) to uphold the standards of the teaching profession; and

(b) to maintain public confidence in the teaching profession; and

(c) to protect the public by ensuring education in schools is provided in a professional and competent way by approved teachers,

it is clear that WLR behaved in a way that "does not satisfy the standard of behaviour generally expected of a teacher," and that a ground for disciplinary action has been established.

• [59] The Tribunal must proceed to determine the sanction appropriate in these circumstances. WLR's registration has now lapsed, and so she is a "former approved teacher." Section 161 of the Act sets out (relevantly) that:

(2) If QCAT decides a ground for disciplinary action against the relevant teacher has been established, QCAT may do 1 or more of the following -

(a) decide to take no further action in relation to the matter;

(b) make an order requiring the teacher to pay to the college, by way of costs, an amount QCAT considers appropriate having regard to -

(i) any expenses incurred by the college in investigating the matter; and

(ii) the expenses incurred by the college in the proceedings before QCAT;

(c) if QCAT would have made an order cancelling the teacher's registration or permission to teach if the teacher had been an approved teacher - make an order prohibiting the teacher from reapplying for registration or permission to teach for a stated period from the day the order is made or indefinitely;

Note -

See also section 352 (Decision about disciplinary action against former approved teacher).

(d) make an order that a particular notation or endorsement about the teacher be entered in the register.

• [60] While it is generally appropriate that the Tribunal takes a similar approach to similar cases in order to promote consistency, each decision must be made on the basis of its particular factual circumstances, and this Tribunal is not bound by previous Tribunal decisions.
• [61] The applicant refers the Tribunal to cases which are somewhat similar and which resulted in teachers being prohibited from applying for registration or permission to teach indefinitely or for a lengthy period of time. WLR makes no submissions on the sanction that may be imposed by the Tribunal.
• [62] In determining sanction, we note that the purpose of a disciplinary proceeding is not to punish the teacher, but to promote the objects of the Act.[7] In summary, these relevantly involve upholding standards in the profession, maintaining public confidence in the profession, and protecting the public by ensuring that education is provided in a professional and competent way by approved teachers.
• [63] The Tribunal has taken into account:

(a) WLR engaged in sustained predatory behaviour having a life-changing impact on the victim.

(b) WLR's behaviour was unprofessional and harmful. She was fully aware of the victim's vulnerability and exploited this.

(c) WLR was in a position of authority and there was a power imbalance between her and the victim.

(d) The behaviour damaged the reputation of the profession.

(e) While WLR was a relatively inexperienced teacher when the conduct commenced, the sustained sexual nature of the behaviour raises grave concerns regarding WLR's capacity to work as a teacher in an appropriate and professional manner.

(f) WLR has not provided any explanation for her behaviour or evidence of mitigating factors.

• [64] WLR has provided no evidence to the Tribunal to indicate that she has reflected upon her conduct or recognised the potential harm to the student. It is self-evident that teachers must not pursue or engage in romantic or sexual relations with students, and teachers receive explicit and ongoing training in this regard.
• [65] Overall, we are of the view that WLR's behaviour showed a pattern of serious boundary violations over an extended period, aggravated by lack of evidence of insight and remorse. She failed to uphold standards and maintain public confidence in the teaching profession. The community expects a teacher to have sufficient insight to know that this behaviour can harm young people.
• [66] In this case, we are satisfied that we would have made an order cancelling

WLR's registration if she had been an approved teacher. We therefore have the power to prohibit her from reapplying for registration or permission to teach "for a stated period from the day the order is made or indefinitely." In our view, the objects of the Act are met by prohibiting WLR from reapplying for registration indefinitely. Her behaviour is abhorrent. The Tribunal has no evidence of WLR undergoing counselling or other professional courses relating to her conduct. The Tribunal is concerned about WLR's apparent lack of insight and remorse.

• [67] We consider that WLR provides an unacceptable risk of harm to children that is unlikely to change. Therefore we order that Teacher WLR is prohibited indefinitely from reapplying for registration or permission to teach.

• [68] The Tribunal may make orders under s 66 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) prohibiting the publication of information which may identify a party or any other person affected by a proceeding for, amongst other reasons, the interests of justice.
• [69] The Tribunal considered the Queensland College of Teachers' submissions filed in the Tribunal on 28 March 2025, including submissions in support of a "partial nonpublication order" i.e., an order prohibiting publication of any information concerning the identity of the student, third parties and the school, however the respondent teacher's name could be published. We do not consider it to be in the interests of justice to publicly identify Teacher WLR by name, nor the former student, the school or regional centre of residence. Publication of identifying details, including Teacher WLR's name, could lead to possible identification of the student and potentially may add to the harm already caused to the victim and lead to further psychological consequences. We therefore consider it is in the interests of justice to make a confidentiality order prohibiting the publication of any information in these proceedings that could identify the student in any way, including by naming the teacher or school involved.
• [70] The Tribunal's basis for making the confidentiality order rests solely with a concern for the victim and the interests of justice and is not in any way to be construed as a protection of Teacher WLR.

• [71] The ground for disciplinary action under section 92(1)(h) of the Education (Queensland College of Teachers) Act 2005 (Qld) is established.
• [72] The respondent is indefinitely prohibited from applying for registration or permission to teach from the date of this order.
• [73] Publication is prohibited of any information which might identify the respondent, any of the relevant students or former students or the relevant schools other than to the extent necessary for the Queensland College of Teachers to meet its statutory obligations and as provided under the Education (Queensland College of Teachers) Act 2005 (Qld). The respondent may provide a copy of this decision to any future regulatory authority or employer in compliance with any disclosure requirements.

[2] Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 9; the Act s 111A(2).

[4] Queensland College of Teachers v Teacher MUE [2021] QCAT 401 ('MUE').

[5] Queensland College of Teachers v Duffin [2024] QCAT 298 ('Duffin').

[6] Queensland College of Teachers v RTM [2016] QCAT 501 ('RTM').