Queensland College of Teachers v El-Sayed
[2014] QCAT 348
| CITATION: | Queensland College of Teachers v El-Sayed [2014] QCAT 348 |
| PARTIES: | Queensland College of Teachers (Applicant/Appellant) |
| v | |
| Wael Mohamed El-Sayed (Respondent) |
| APPLICATION NUMBER: | OCR114-14 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member O’Callaghan |
| DELIVERED ON: | 11 July 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of Wael Mohamed El-Sayed 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) ss 48, 53, 54, 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 (‘QCT’) suspended Wael Mohamed El-Sayed’s teachers registration on 26 May 2014 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) on the grounds that he had been charged with three counts of indecent dealing with a person with an impairment of the mind Guardian/carer pursuant to s 216 of the Criminal Code.
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 (Qld) s 53(1), (3).
Directions were made by QCAT inviting Wael Mohamed El-Sayed 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 Wael Mohamed El-Sayed.
As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Wael Mohamed El-Sayed 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 Wael Mohamed El-Sayed’s teacher registration suspension continue.
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