Queensland College of Teachers v Cls

[2017] QCAT 191

CITATION: Queensland College of Teachers v CLS [2017] QCAT 191

PARTIES:	Queensland College of Teachers (Applicant)
v
CLS (Respondent)

APPLICATION NUMBER: OCR078-17

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: A/Senior Member Browne

DELIVERED ON: 7 June 2017

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The suspension of the registration of CLS 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 CLS or any relevant child.

CATCHWORDS:

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

Education (Queensland College of Teachers) Act 2005 (Qld), s 48, s 53, s 54, 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 (‘QCT’) suspended CLS’s teacher’s registration on 21 April 2017[1] on the grounds that she had been charged with attempt to murder pursuant to s 306(a) of the Criminal Code (Qld).

   [1]Pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (the QCT Act).

2. The QCT has referred the continuation of the suspension to the Tribunal for review.[2] 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.[3]

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

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

3. Directions were made by the Tribunal inviting CLS to file submissions as to why this is an exceptional case for ending the suspension of her teacher’s registration. CLS indicated to the Tribunal through her legal representative that she does not intend to make any submission.

4. As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of CLS 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.

5. I order that teacher CLS’s teacher 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.[4]

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

7. Neither the QCT nor CLS has made any submissions concerning a non-publication order under s 66. The brief particulars of the charge provided by the Queensland Police Service to the QCT indicate that the alleged victim is CLS’s son, aged 5.

8. In the circumstances where the alleged victim is a child, and identification of CLS would lead to identification of the alleged child victim, I am satisfied that it is appropriate to make an order prohibiting publication of the identity of CLS, and any relevant child.

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