Queensland College of Teachers v Draper
[2016] QCAT 404
•17 October 2016
| CITATION: | Queensland College of Teachers v Draper [2016] QCAT 404 |
| PARTIES: | Queensland College of Teachers (Applicant) |
| v | |
| Timothy Edward Draper (Respondent) |
| APPLICATION NUMBER: | OCR151-16 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member O’Callaghan |
| DELIVERED ON: | 17 October 2016 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of Timothy Edward Draper as a teacher is continued. |
| CATCHWORDS: | EDUCATION – TRAINING AND REGISTRATION OF TEACHERS – 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 (Qld) (QCAT Act).
REASONS FOR DECISION
Queensland College of Teachers suspended Timothy Edward Draper’s teachers registration on 5 September 2016 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT’) on the grounds that he had been charged with four counts of indecent treatment of children under 16 under section 210 of the Criminal Code (Qld).
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]Section 53(1) and (3) of the Education (Queensland College of Teachers) Act 2005 (Qld).
Directions were made by QCAT inviting Mr Draper 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 Mr Draper.
As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Mr Draper 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.
As such I order that teacher Timothy Edward Draper’s teacher registration suspension continue.
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