Victorian Reports - Authoritative Law Reports Since 1870

BRISSENDEN v VICTORIAN INSTITUTE OF TEACHING

|O’Meara J

76 VR 446

BRISSENDEN v VICTORIAN INSTITUTE OF TEACHING Supreme Court of VictoriaO’Meara J 5, 20 September 2024[2024] VSC 580Professions — Teachers — Disciplinary proceedings — Suspension — Whether ‘preliminary investigation’ statutory precondition to interim suspension of teacher — Whether teacher denied procedural fairness in respect of preliminary assessment and suspensions – Whether disciplinary body could form reasonable belief that teacher continued to pose an unacceptable risk of harm to children and that suspension necessary to protect children — Education and Training Reform Act 2006 (Vic), pt 2.6, div 8A, ss 2.6.28, 2.6.28A, 2.6.28D, 2.6.28E, 2.6.28F and 2.6.28G, div 10, ss 2.6.30 and 2.6.30A, div 10A, ss 2.6.31 and 2.6.32 and divs 12–14.

The Victorian Institute of Teaching suspended the plaintiff’s teacher registration pursuant to s 2.6.28 of the Education and Training Reform Act 2006 (Vic) (ETR Act).

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