5. KATHERINE RICH (National) Link to this
to the Minister of Education
Does he back the recent decision of the Teachers Council Disciplinary Tribunal to allow an art teacher who posted hard-core pornographic pictures of himself and two women on Internet sex sites, with messages for girls “the younger the better” to contact him, to continue teaching; if so, why?
Hon STEVE MAHAREY (Minister of Education) Link to this
The Teachers Council disciplinary tribunal is a quasi-judicial body, and I am proscribed from directing the actions of the Teachers Council over a particular individual, nor can I overturn its decisions. I would, however, note that it was a split decision. I also inform the House that the decision of the Teachers Council’s disciplinary tribunal is reviewing its criteria in order to tighten up on cases like this. Secondly, I would note that a Cabinet paper is being drafted to look at privacy issues to ensure that there is better data-matching between the Teachers Council and the Ministry of Education. Thirdly, I would note that the teacher does not have a current practising certificate and is not employed at any school.
Can the Minister answer my primary question, which was: does he back the decision of the Teachers Council disciplinary tribunal to allow someone who has published hard-core pornographic images of himself and others, and advertised for girls as young as 17—the age of some of his potential students—to continue teaching, when some of those dissenting tribunal members went on to say that such behaviour “adversely affects, or is likely to adversely affect, the well-being or learning of one or more students.”?
Hon Dr Nick SmithHon STEVE MAHAREY Link to this
Of course not—I know that the member is a little deaf, but of course not. What I said originally, though, is that the Minister of Education is proscribed from doing anything directly about an individual decision. But I applaud the fact that it was a split decision, and I know which side of the decision I would have been on if it had been me. Therefore, I also listed the fact that I applaud the Teachers Council for reviewing its criteria, and I applaud the fact that it will have legislation to allow it to data match, and I am very glad that this person does not have a teaching certificate and is not in front of a class now.
Dianne YatesWhat has the Labour-led Government done over time to ensure a high standard of conduct on behalf of teachers?
Hon STEVE MAHAREY Link to this
I should note for the House that through most of the 1990s the registration of teachers was completely voluntary. Registration became mandatory in 1997 but there was no requirement for police vetting of teachers before they were employed at schools. However, in 2001 this Government changed the Education Act to require police vetting for all personnel occupying positions in schools and early childhood centres. The Act also established the Teachers Council, including a disciplinary tribunal with powers either to deregister teachers or to impose conditions on their ongoing registration. In 2004 new rules came into effect enabling the council to consider complaints of serious misconduct at any time rather than wait for the expiry of the current registration. Those arrangements are ones that can give us confidence in a robust professional process, but I repeat that I applaud the fact that the Teachers Council is now reviewing again its criteria and that it will have changes in the Privacy Act to assist it, and that I am very pleased that this person is not teaching anywhere right now.
How can the Minister be absolutely sure that this teacher is not teaching in a New Zealand classroom today, when the Teachers Council has told our select committee that it currently has thousands of unregistered teachers teaching in New Zealand classrooms and that it does not track censured teachers in any way in the workplace once that censure has been given?
Hon STEVE MAHAREY Link to this
I can only give the House the assurance that I have checked today and asked whether this person has a current practising certificate, and the answer was no. I checked whether the person is currently employed, and the answer was no. That is all I can give the House.
What changes to the Teachers Council is he proposing, because the situation it found itself in, with two dissenting members and a casting vote being made on such a controversial decision, is basically a result of a structure he set up?
Hon STEVE MAHAREY Link to this
If the member cares to have a look at the dissenting opinion she will note that it pointed out that the criteria were a problem in this particular area for people who had dissented. They believed that there ought to be different criteria. That is what has led to them now reviewing their criteria—they believe that they need to have different criteria to work on. I believe that is a very good step to take.
Does the Minister accept that it is his criteria, set up by his Government, that they are using, and what changes is he proposing; and does he accept that his ivory-tower argument that the difference between misconduct and serious misconduct is largely academic, as most parents would be horrified to think that someone who had posted hard-core porn pictures of himself and had actively sought out young girls could be allowed to teach in New Zealand classrooms?
Hon STEVE MAHAREY Link to this
The member may be seeking a disagreement when there is not one. I do not think anybody in the House disagrees with her on the fact that this person should not be teaching in a New Zealand school. What we are saying here is that the Teachers Council understands that the criteria should be changed. The member asks what is changing; the criteria are changing. We agreed last time we had a debate about these kinds of issues that the Teachers Council has a robust and professional approach; what we will ensure is that it has an even better one.