Powley v Queensland College of Teachers

[2010] QCAT 158

CITATION: Powley v Queensland College of Teachers [2010] QCAT 158

PARTIES:   Martin James Powley

v

Queensland College of Teachers

APPLICATION NUMBER:               OCR 009-10

MATTER TYPE:   Occupational Regulation matters

HEARING DATE:   24 February 2010

HEARD AT:   Brisbane

DECISION OF:   Susan Booth              Presiding Member

Beverley Day             Member

Ron Joachim               Member

DELIVERED ON:   24 February 2010

DELIVERED AT:   Brisbane

ORDERS MADE:   Continue suspension

CATCHWORDS:  Suspension, disqualifying offence, exceptional case

APPEARANCES and REPRESENTATION (if any):

The hearing took place on the papers in the absence of parties.

Orders:

i.That Martin James Powley’s teachers registration suspension continue pursuant to s55 (1) of the Education (Queensland College of Teachers) Act 2005 (the Act).

ii.That the matter be listed for review not less than six months from the date of this hearing.

iii.That within 14 days of receiving notice under S80 of the Act of the conclusion of criminal proceedings, the Queensland College of Teachers notify the Principal Registrar of the Queensland Civil and Administrative Tribunal of the outcome of the proceedings.

iv.That unless Martin James Powley’s teacher registration is cancelled under s56 of the Act, that upon receiving notice under clause (iii) of this order, the Principal Registrar list the matter for a directions hearing.

v.That upon the giving of 7 days written notice, each party have liberty to apply for further directions.

Reasons for Decision
           Background

1.    Martin James Powley was a teacher in Northern Queensland.

2. The Queensland College of Teachers (the College) suspended Martin James Powley’s registration on 5 January 2010 pursuant to s48 of the Education (Queensland College of Teachers) Act 2005 (the Act) because he had been charged with disqualifying offences, under section 228D of the Criminal Code and section 474.19(1)(a)(i) & (b) of the Criminal Code Act 1995 (Cth).  Notification of this came from the Queensland Police Service (QPS) on 5 January 2010 by facsimile.  .

3.    A Suspension Notice was forwarded by registered mail to Mr Powley by the College.

Legislation

4. Pursuant to s48 of the Act, where an approved teacher is charged with a disqualifying offence, the College must immediately suspend the teacher’s registration.

5. Schedule 3 of the Act adopts the definition of “disqualifying offence” contained in s120B of the Commission for Children and Child Guardian Act 2000 (CCYPCG Act). The offences of possessing child exploitation material – pursuant to s 228D of the Criminal Code (Qld) (the Criminal Code) and using a carriage service for child pornography material – pursuant to section 474.19(1)(a)(i) & (b) of the Criminal Code Act 1995 (Cth) are disqualifying offences for the purposes of the CCYPCG Act . 

6.    Section 53 of the Act requires the Queensland Civil and Administrative Tribunal (the Tribunal) to review the continuation of the suspension.

7.    Section 54 of the Act requires that the teacher be given notice inviting him to demonstrate in writing within 28 days why his matter is an exceptional case in which the best interests of children would not be harmed if the suspension of his registration was ended.

Summary of Evidence

8.    The Tribunal relied on the following documents provided by the College:  

·     Suspension Notice dated 5 January 2010 signed by John Ryan, Director, Queensland College of Teachers.

·     Facsimile from Queensland Police Service to the College dated 5 January 2010.

·     An application from the College dated 7 January 2010 to the Tribunal seeking a continuation of the suspension.   

9.    No documents were provided by Mr Powley and no submissions were made on his behalf in response to an invitation to him issued by the Tribunal on 15 January 2010.  This invitation gave him until 17 February 2010 to make submissions about why his is an exceptional case in which the best interests of children would not be harmed if the suspension of his registration were ended.

10.  The following submissions were made on behalf of the College:

·     The orders sought at the s53 review hearing are

i.That the matter be listed for review not less than 6 months from the date of the section 53 review hearing.

ii.That Martin James Powley’s teacher registration suspension continue pursuant to s55 (1) of the Education (Queensland College of Teachers) Act 2005.

iii.That within 14 days of receiving notice under S80 of the Act of the conclusion of criminal proceedings, the Queensland College of Teachers notify the Registrar of the Queensland Civil and Administrative Tribunal of the outcome of the proceedings.

iv.That unless Martin James Powley’s teacher registration is cancelled under s56 of the Act, that upon receiving notice under clause (iii) of this order, the Registrar list the matter for a directions hearing.

v.That upon the giving of 7 days written notice, each party have liberty to apply for further directions.

Findings of the Tribunal

11.  The Tribunal finds the following on a balance of probabilities having regard to the serious consequences on the respondent teacher, Martin James Powley of any adverse findings:-

i.Martin James Powley was registered as a teacher in Queensland on 5 January 2010.   

ii.On 5 January 2010 the QPS notified the Queensland College of Teachers that Mr Powley had been charged with offences pursuant to s228D and s474.19(1)(a)(i)&(b) of the Criminal Code. Charges pursuant to these sections of the Criminal Code are disqualifying offences for the purpose of the Act.

iii.Mr Powley was suspended pursuant to s48 of the Act on 5 January 2010 and a suspension notice was forwarded to him on that date.

iv.A Notice was issued pursuant to s54 of the Act to Mr  Powley on 15 January 2010.  The notice required him to demonstrate in writing by the 17 February 2010 why this matter is an exceptional case in which the best interests of children would not be harmed if the suspension of his registration were ended.

v.The onus is on Mr Powley to make submissions establishing that his is an exceptional case.  He did not supply any and the Tribunal is not satisfied that this is an exceptional case in which it would not harm the best interests of children for the suspension of his registration to be ended.

vi.The Tribunal is satisfied that the orders sought by the College are appropriate pending the outcome of the charges against Mr Powley.