Queensland College of Teachers v Bates

[2012] QCAT 679

CITATION: Queensland College of Teachers v Bates [2012] QCAT 679

PARTIES:	Queensland College of Teachers
v
Grant David Bates

APPLICATION NUMBER: OCR343-12

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Kerrie O'Callaghan, Senior Member

DELIVERED ON: 10 December 2012

DELIVERED AT: Brisbane

ORDERS MADE: 1.     The suspension of the registration of Grant David Bates as a teacher is continued.

CATCHWORDS:

Occupational regulation – suspension of teacher – whether exceptional case – whether suspension should continue

Education (Queensland College of Teachers) Act 2005, ss 48, 53, 54, 55

APPEARANCES and REPRESENTATION (if any):

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

REASONS FOR DECISION

1. Queensland College of Teachers suspended Mr Bates’ teacher’s registration on 12 October 2012 pursuant to section 48 of the Education (Queensland College of Teachers) Act 2005 on the grounds that he had been charged with disqualifying offences namely:

   §use a carriage service to transmit, make available, publish, distribute, advertise or promote child pornography material under the provisions of the Commonwealth Criminal Code sections 474 19(1)(a)(iii) and (aa) and (b);

   §use internet to procure children under 16 under the provisions of the Criminal Code section 218A(1)(b).

2. In accordance with section 50(5) the QCT has referred the continuation of the suspension to QCAT for review.  QCAT 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.[1]

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

3. Directions were made by QCAT inviting Mr Bates to file submissions as to why this is an exceptional case for ending the suspension of his teacher’s registration.  No submissions have been received from Mr Bates.

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

5. As such I order that teacher Mr Bates’ teacher registration suspension continue.