Queensland College of Teachers v Czislowski

Case •

[2013] QCAT 520

•

1 October 2013
CITATION: Queensland College of Teachers v Czislowski [2013] QCAT 520
PARTIES: Queensland College of Teachers
(Applicant)
v
Mr John Czislowski
(Respondent)
APPLICATION NUMBER: OCR208-13
MATTER TYPE: Occupational regulation matters
HEARING DATE: On the papers
HEARD AT: Brisbane
DECISION OF: K O’Callaghan, Member
DELIVERED ON: 1 October 2013
DELIVERED AT: Brisbane
ORDERS MADE: 1.    The suspension of the registration of John Czislowski 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) section 48

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. The Queensland College of Teachers suspended John Czislowski’s teacher registraiton on 8 August 2013 pursuant to section 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (the Act) on the grounds that he had been charged with “possessing child exploitation material” under the provisions of The Criminal Code section 228D.

  2. In accordance with section 50(5) of the Act 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 with the suspension were ended. 

  3. The term, “exceptional case” is not defined in the Act.  There are no generally applicable rules about what constitues an exceptional case.[1]

    [1]Re Imperial Chemical Industries Ltd’s patent extension petitions [1983] VR1 adopting a warning of Luxmore J in Perry and Brown Patents (1930) 48 RPC 200.

  4. An exceptional case has been variously described as one that is not ‘regularly or routinely, or normally encountered’[2] or ‘unusual, an unusual instance or extraordinary’.[3]  Determining whether there is an exceptional case is an exercise of discretion, having regard to the merits of the individual case concerned.[4]

    [2]R v Kelly (2000) QV 198.

    [3]Kent v Wilson [2000] VFC 1998.

    [4]CCYPCG v Maher [2004] QCA 492 adopting the approach in Perry and Browns Patents (1930-1948) RPC 200: CCYPCG v FCG [2011] QCATA 291: CCYPCG v Lister (No 2) [2011] QCATA 87.

  5. Directions were made by QCAT inviting submissions from John Czislowski as to why this is an exceptional case for ending the suspension of his teachers registration.

  6. John Czislowski and the QCT have provided submissions in relation to this issue. 

  7. John Czislowski submits his actions the subject of the charge came about as a result of stress caused by being over worked.

  8. He says he was a highly respected educator for the last 13 years.  He was subjected however to exceptional demands which had a detrimental affect on his mental and physical wellbeing.

  9. He said that the “exceptional demands” placed on him resulted in “reclusiveness”, “alcohol dependancy” and “chronic illness” which lead to “a pornography addication”.

  10. He says that he wanted to stress that the charges do not relate to “kiddie porn”.

  11. The College in response said that is not for the Tribunal to determine whether or not the images the subject of the charge were child exploitation material or not and that is enough that the police contend that the images are child exploitation material.  They submit that any positive contribution that has been made by John Czislowski as a teacher must be balanced against the level of risk of harm to children presented by his alleged conduct. 

  12. They point out that significant risk (both to children and to public confidence) is raised by the type of conduct the subject of the allegations.  They also point out that the other factors raised by the respondent being stress, pornography addiction, alcohol depedency, reclusiveness and not coping in performance of a teaching role indeed constitute further risks which tend against a finding of an exceptional case.

  13. The Tribunal accepts the submission of the College that on this evidence John Czislowski has not established that this is an exceptional case in which the best interests of children would not be harmed if the suspension were ended. 

  14. The Tribunal accordingly orders that the suspension continue.


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