Queensland College of Teachers v Dack

[2013] QCAT 151

CITATION: Queensland College of Teachers v Dack [2013] QCAT 151

PARTIES:	Queensland College of Teachers (Applicant)
v
Steven James Dack (Respondent)

APPLICATION NUMBER: OCR033-13

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Kerrie O'Callaghan, Senior Member

DELIVERED ON: 4 April 2013

DELIVERED AT: Brisbane

ORDERS MADE: 1.     The suspension of the registration of Steven James Dack 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), s 48, s 53, s 54, s 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 (QCT) suspended Steven James Dack’s teachers registration on 12 February 2013 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 on the grounds that he had been charged with a serious offence namely using the internet to procure child under 16 years, under the provisions of the Criminal Code s 218A(1)(b).

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, ss 53(1) and (3).

3. Directions were made by QCAT inviting Steven James Dack to file submissions as to why this is an exceptional case for ending the suspension of his teachers registration.  No submissions have been received from Steven James Dack.

4. As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Steven James Dack 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. I order that teacher Steven James Dack’s teacher registration suspension continue.