Queensland College of Teachers v CSK

In the case of Queensland College of Teachers v CSK, the appellant sought to challenge the decision of the Tribunal that dismissed a referral regarding the respondent’s suitability to teach. The Tribunal had found that the respondent teacher was unsuitable to teach within the meaning of section 92(1)(h) of the Education (Queensland College of Teachers) Act 2005 (Qld), however, dismissed the referral on the basis that the respondent's registration was not liable to be suspended under section 49 of the Act because the respondent did not pose an imminent risk of harm. The appellant, Queensland College of Teachers (QCT), appealed the Tribunal's decision, arguing that the Tribunal made errors of law and errors of mixed fact and law, and that it erred in its construction of the disciplinary referral, as well as in failing to proceed to impose a sanction on the respondent.

The legal issues before the court were whether the Tribunal made errors of law and errors of mixed fact and law, whether the Tribunal erred in its construction of the disciplinary referral, and whether the Tribunal, having found the respondent was not suitable to teach, erred in failing to proceed to impose a sanction on the respondent. The court was also required to consider whether a non-publication order should be made. The court held that the Tribunal had erred in law by not considering whether the respondent was suitable to teach within the meaning of section 92(1)(h) of the Act, and by not imposing a sanction on the respondent. The court found that the Tribunal had erred in its construction of the disciplinary referral and in its failure to impose a sanction. The court also held that a non-publication order should be made to protect the identity of the students referred to in the documents.

The appeal was allowed, and the order of the Tribunal was set aside. A new order was substituted, declaring that a ground of disciplinary action was established against the respondent, namely that he was not suitable to teach. The issue of sanction was remitted to the Tribunal for reconsideration according to law. The court directed that the Tribunal convene a directions hearing and make directions as it considered appropriate for the filing of further evidence and submissions, and listing of the proceedings for further hearing. The court also directed that publication of the names of students referred to in the documents or other details which may identify them be prohibited, and that the appeal travel with the remitted matter until the proceedings were concluded.