Queensland College of Teachers v Dubery

[2016] QCAT 288

CITATION: Queensland College of Teachers v Dubery
[2016] QCAT 288

PARTIES:	Queensland College of Teachers (Applicant)
v
Ross Stephen Dubery (Respondent)

APPLICATION NUMBER: OCR086-16

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member O’Callaghan

DELIVERED ON: 11 August 2016

DELIVERED AT: Brisbane

ORDERS MADE: 1.    The suspension of the registration of Ross Stephen Dubery 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:

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 suspended Ross Stephen Dubery’s teachers registration on 20 June 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:

   a)    one count of grooming child under 16 with intent to procure engagement in a sexual act pursuant to s 218B(1)(a) of the Queensland Criminal Code; and

   b)    one count of indecent treatment of children under 16 pursuant to s 210(1)(a) of the Queensland Criminal Code..

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]Section 53(1) and (3) of the Education (Queensland College of Teachers) Act 2005 (Qld).

3. Directions were made by QCAT inviting Ross Stephen Dubery 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 Ross Stephen Dubery.

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