Queensland College of Teachers v Abe

[2018] QCAT 51

CITATION:

Queensland College of Teachers v ABE [2018] QCAT 51

PARTIES:

Queensland College of Teachers
(Applicant)

v

ABE

(Respondent)

APPLICATION NUMBER:

OCR004-18

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

A/Senior Member Browne

DELIVERED ON:

23 February 2018

DELIVERED AT:

Brisbane

ORDERS MADE:

1.    The suspension of the registration of ABE as a teacher is continued.

2.    Other than to the parties to this proceeding and until further order of the Tribunal, publication is prohibited of any information which may identify ABE or any relevant child.

CATCHWORDS:

EDUCATION – TRAINING AND REGISTRATION OF TEACHERS – suspension of teacher – where teacher charged with serious offence – whether exceptional case – whether suspension should continue

Criminal Code Act 1995 (Cth), s 474.27,
s 474.27A,
Education (Queensland College of Teachers) Act 2005 (Qld), s 48, s 50, s 53, s 55
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act).

REASONS FOR DECISION

1. The Queensland College of Teachers suspended ABE’s teachers registration on 2 January 2018 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT’) on the grounds that he had been charged with ‘using a carriage service to groom persons under 16 years of age’ under section 474.27 of the Criminal Code Act 1995 (Cth) and ‘using a carriage service to transmit indecent communication to a person under 16 years of age’ under section 474.27A of the Criminal Code Act 1995 (Cth).

2. The QCT has referred the continuation of the suspension to the Tribunal for review.[1] The Tribunal must decide whether to continue the suspension or whether it is an exceptional case in which the best interests of children will not be harmed if the suspension were ended.[2]

   [1]QCT Act, s 50(5).

   [2]QCT Act, s 53(1) & (3).

3. Directions were made by the Tribunal inviting ABE to file submissions as to why this is an exceptional case for ending the suspension of his teachers registration. ABE did not make any submissions.

4. As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of ABE as a teacher.  I am not satisfied that it is an exceptional case in which the best interests of children would not be harmed if the suspension were to be ended before the criminal charges had been finalised.

5. I order that teacher ABE’s teachers registration suspension continue. 

6. Pursuant to s 66(1)(c) of the QCAT Act the Tribunal can make an order prohibiting the publication of information that may enable a person who has appeared before the Tribunal, or who is affected by a proceeding, to be identified. The Tribunal may act on its own initiative to make such an order.[3]

   [3]QCAT Act, s 66(3).

7. Neither the QCT nor ABE has made any submissions concerning a non-publication order under s 66.

8. Where the circumstances of the alleged offending concern a child, and identification of ABE may lead to the identification of a complainant child, I am satisfied that it is appropriate to make an order prohibiting publication of the identity of ABE, and any relevant complainant child.

9. As such I make orders pursuant to s 66 prohibiting the publication of that information.