Queensland College of Teachers v AC

[2015] QCAT 390

CITATION:	Queensland College of Teachers v AC [2015] QCAT 390
PARTIES:	Queensland College of Teachers (Applicant)
v
AC (Respondent)

APPLICATION NUMBER: OCR124-15

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: A/Senior Member Allen

DELIVERED ON: 29 September 2015

DELIVERED AT: Brisbane

ORDERS MADE:

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

2.    Until further order, publication is prohibited of any identifying information about the teacher the subject of this application.

CATCHWORDS:

OCCUPATIONAL REGULATION – suspension of teacher – whether exceptional case – whether suspension should continue.

Criminal Law (Sexual Offences) Act 1978 (Qld), s 10
Education (Queensland College of Teachers) Act 2005 (Qld), ss 48, 53, 54 and 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. On 28 July 2015 the Queensland College of Teachers suspended AC’s teachers registration pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) on the ground that he had been charged with serious offences being two counts of indecent treatment of child under 16 (indecent film etc.) pursuant to s 210(1)(e) of the Criminal Code.

2. The QCT has referred the continuation of the suspension to the Tribunal in accordance with s 50(5) of the E(QCT) ACT. The Tribunal must determine 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.[1]

   [1]Education (Queensland College of Teachers) Act 2005 (Qld) s 53(1) and (3).

3. The Tribunal made directions inviting AC to make submissions as to why the matter is an exceptional case justifying the ending of the suspension of his teachers registration. AC has not made any submissions to the Tribunal in that regard.

4. There is then no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of AC as a teacher. I am not satisfied that this 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. I order that AC’s teacher registration suspension is continued.

Non-publication order

1. The Tribunal may make an order prohibiting publication of information enabling a person to be identified in the interests of justice.[2] There are also limitations in respect of the publication of information about persons charged with sexual offences in the Criminal Law (Sexual Offences) Act 1978 (Qld). The publication of identifying details at this stage prior to any determination of the charges would be inconsistent with the protections afforded by that Act. I am satisfied that it is in the interests of justice to prohibit publication of any information identifying AC until further order.

   [2]Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 66(2).