An ACT college teacher and grandfather who is in an alleged sexual relationship with a former student who has just turned 18, is being investigated by the Education Directorate.
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The teacher taught English to his student for two years before she graduated in December.
In a statement to police obtained by The Canberra Times, the girl told her parents a consensual relationship was underway as of March of this year. She turned 18 in February.
It is understood the girl's parents believed the alleged relationship began while she was still at school and took the issue to ACT Police.
Police interviewed the girl but no charges were laid because of a lack of physical evidence a relationship was under way while she was still at the college.
The directorate is now conducting its own investigation. It is believed the teacher has been removed from the college in the interim.
A spokesperson for Education Minister Joy Burch said the directorate "is aware of a complaint regarding a teacher and is investigating the matter.
"All complaints regarding the welfare of students are taken extremely seriously and are dealt with in a timely manner. Appropriate measures to ensure the safety and wellbeing of all students are put in place while such matters are under investigation."
The parents of the student at the centre of the issue did not wish to speak to The Canberra Times and wanted their daughter's privacy maintained.
They did say, however, that they believed it was too difficult in the ACT for police to prosecute against grooming and or sexual misconduct by teachers as legislation required proof of a sexual act, as opposed to simply intent.
In NSW, the requirement of proof of sexual misconduct was removed and the definition was updated in 2010 to "Sexual misconduct includes behaviour that can reasonably be construed as involving an inappropriate and overly personal and intimate relationship with, conduct towards or focus on a child or young person."
A spokesman for ACT Attorney-General Simon Corbell said the government had tightened up aspects of its legislation protecting students from predatory teachers.
In 2011, the Office of the Director of Public Prosecutions warned that a loophole in ACT legislation made it legal for teachers to have sex with students as long as they were over the age of consent of 16.
In 2013, the Assembly agreed to raise this to 18. It also put the ACT in line with NSW, Western Australia, Victoria, South Australia and the Northern Territory where it is a crime for a person to have sexual interactions with a 16 or 17-year-old under their "special care or supervision" – including students.
Consent is negated under 18 because the teacher is an authority figure.
Meanwhile, the ACT Teachers' Code of Professional Practice stipulates that "teachers must not engage in behaviour that raises a reasonable suspicion that they have engaged in or will engage in sexual misconduct".
"Teachers' interactions with students, including those over 16 years of age must be, and be seen to be, professional at all times including 'out of school' hours."
Breaching the code can lead to a teacher having their professional registration cancelled.
Examples of unprofessional behaviour included flirting with, dating, expressing romantic feelings towards a student in written or other form, providing mobile and home telephone numbers to students, taking students to coffee, the movies or other social events whether alone or in company.
The directorate said that it had investigated two matters since the beginning of 2014, neither of which progressed to ACT Policing investigation.
The Australian Education Union said it would not comment on the matter until the investigation was complete.
Opposition education spokesman Steve Doszpot said the matter was "very serious...I will be seeking an immediate briefing from the minister and her directorate."
