Queensland College of Teachers v Crisp

[2014] QCAT 451

CITATION: Queensland College of Teachers v Crisp [2014] QCAT 451

PARTIES:	Queensland College of Teachers (Applicant/Appellant)
v
Kevin Jaey Robert Crisp (Respondent)

APPLICATION NUMBER: OCR167-14

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Acting Senior Member Paratz

DELIVERED ON: 10 September 2014

DELIVERED AT: Brisbane

ORDERS MADE: 1.    The suspension of the registration of Kevin Jaey Robert Crisp 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 (Qld) 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 (Qld) (QCAT Act).

REASONS FOR DECISION

1. Queensland College of Teachers (‘QCT’) suspended Kevin Jaey Robert Crisp’s teachers registration on 28 July 2015 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) on the grounds that he had been charged with two counts of indecent treatment of children under 16 child under 12 years pursuant to s 210(1)(a) and (3); and two counts of indecent treatment of children under 16 pursuant to s 210(1)(a).

2. In accordance with s 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]Education (Queensland College of Teachers) Act 2005 (Qld) s 53(1) and (3).

3. Directions were made by QCAT on 1 August 2014 inviting Kevin Jaey Robert Crisp to file submissions as to why this is an exceptional case for ending the suspension of his teacher’s registration.

4. The Directions were posted by ‘Advice Receipt’ Registered Post to Mr Crisp on 4 August 2014 and receipt was acknowledged by him on 7 August 2014. The Directions required him to file his submissions by 4:00 pm on 5 September 2014. No submissions have been filed by him.

5. There is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Kevin Jaey Robert Crisp 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.

6. I order that teacher Kevin Jaey Robert Crisp’s teacher registration suspension continue.