The following matter is a summary of a case brought to the Victorian Civil and Administrative Tribunal (VCAT) by Joseph Durnin.

On 4 January 2022, the then Department of Education and Training notified the Victorian Institute of Teaching (VIT) of its decision to annul Mr Durnin’s probation at Sale College, due to him being the subject of several complaints made by learners and staff at the school in 2021.

Following the complaints from Sale College, VIT reached out to Mr Durnin’s previous employers and all raised concerns about his character, mostly around his unruly behaviour towards individuals at the schools. This behaviour was largely directed at other staff members, though in some cases, learners too. The concerns dated as far back as 2015.

On 25 August 2022, Mr Durnin contacted VIT on two occasions to discuss his pending application for a further grant of provisional teacher registration and a complaint he made about another teacher. The nature of the calls were aggressive and accusatory and to quote the Tribunal, Mr Durnin “embarked on a monologue filled with accusations including of corruption and incompetence directed at the VIT. In essence, it was a rant about a wide range of matters directed to people who had no role in responding to them.”

On 30 November 2022, VIT determined to refuse Mr Durnin’s application for a further grant of provisional registration, on various grounds relating to his alleged conduct at Sale College and his behaviour toward VIT, as well as individuals at each of the schools he worked at previously. Mr Durnin subsequently made an application to VCAT for a review of the decision to refuse his application for registration. 

During the VCAT proceedings, the Institute submitted the following

1. the allegations at Sale College can be proven and amount to category C conduct, being a ground to refuse Mr Durnin’s registration
2. the allegations, alongside Mr Durnin’s tendency to act in a hostile and disrespectful manner towards people (particularly people of authority) when things do not go his way, demonstrate that it is not in the public interest to allow Mr Durnin to teach due to his character and lack of suitability
3. Mr Durnin has not provided evidence that shows that special circumstances existed that prevented him from moving to full registration, after being provisionally registered for more than six years. 

During the VCAT proceedings, Joseph Durnin

1. effectively denied all allegations at Sale College
2. for the most part, took no issue with his behaviour toward the Institute and the individuals at the schools where he was previously employed
3. submitted that special circumstances existed that prevented him from moving to full registration, after being provisionally registered for more than six years.

Ultimately, the Tribunal found that Mr Durnin’s behaviour toward VIT and individuals at the schools amounted to a concerning pattern of behaviour of acting aggressively, disrespectfully and with a consistent sense of false victimhood to individuals when things did not go his way. This behaviour is not consistent with good character, nor with the standards expected of registered teachers per the Victorian Teaching Profession’s Code of Conduct and Ethics. Mr Durnin’s lack of insight and self-reflection provided no assurances that Mr Durnin would not repeat this type of behaviour in the future.

Outcome

On 18 March 2025, the Tribunal decided to affirm VIT’s decision to refuse to grant Mr Durnin’s application for a further grant of provisional teacher registration.

Mr Durnin does not hold teacher registration with VIT and cannot undertake the duties of a teacher in Victoria.

The full case outcome can be found on the VCAT website. To read more examples of regulatory decisions, explore our VIT case studies.