THE Department of Education "reprimanded and cautioned" a teacher investigated for downloading child pornography but allowed him to continue working at a NSW high school.
The careers adviser - who was a paid member of child pornography websites and downloaded images of girls under the age of 15 - was transferred to a classroom teaching position after a police inquiry failed to result in charges being laid in 2008.
The man was removed from the teaching position when fresh allegations surfaced in 2011 and he resigned earlier this year.
The case was referred to NSW Ombudsman Bruce Barbour who said the department blamed an "oversight" for not informing his office of the initial allegations.
It was one of many formal complaints listed in his annual report, released yesterday.
"Certainly we were very concerned that we were not notified of the matter as we should have been in 2008," Mr Barbour told The Daily Telegraph.
"As a result of our involvement that teacher is no longer teaching."
A spokesman for the department declined to name the school or region the man was teaching in when he was under investigation but said there was insufficient evidence to lay charges on both occasions.
"When the department investigated the teacher again in April 2012 the teacher offered to resign and his resignation was accepted," the spokesman said.
"His name was referred to the Commission for Children and Young People and measures were taken to prevent him being re-employed by the department."
The matter was among 9504 formal complaints received by the Ombudsman during the last financial year - an increase from 8917 over the previous reporting period. The complaints relate to public sector agencies, correctional centres, councils and the NSW Police Force.
Mr Barbour said the number of written complaints received concerning the police force had increased to 3386 over the past year, with 1246 lodged by officers themselves.
"We have seen an increase in police complaints. They are up about 11 per cent but there's no particular reason for that," Mr Barbour said.
"I think the reality is that police engage with the community hundreds of thousands of time a year and the public is now well aware that they can make complaints if they think the police have done something wrong. It means that there are a lot of police officers who are not prepared to accept inappropriate behaviour from their colleagues."
As well as processing complaints, the Ombudsman's office is currently monitoring two critical incident investigations conducted by the NSW Police Force including the death of Brazilian student Roberto Laudisio Curti and the shooting of two Aboriginal teenagers in Kings Cross.
A report into the use of Tasers by NSW Police is expected to be handed down in the coming weeks.
"That will be a very significant investigation," Mr Barbour said.
"It covers every aspect you could imagine about Taser use."
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