Queensland College of Teachers v ESR

[2014] QCAT 648

CITATION: Queensland College of Teachers v ESR [2014] QCAT 648

PARTIES:	Queensland College of Teachers (Applicant)
v
ESR (Respondent)

APPLICATION NUMBER: OCR245-14

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Acting Senior Member Howard

DELIVERED ON: 9 December 2014

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The suspension of the registration of ESR as a teacher is continued.

2.    Publication is prohibited of any identifying information about ESR the subject of this application until further order.

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
Criminal Law (Sexual Offences) Act 1978 (Qld)
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66

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

1. Queensland College of Teachers suspended ESR’s teachers registration on 3 October 2014 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT’) on the grounds that he had been charged on 1 October 2014 with two counts of sexual assault pursuant to s 352(1)(a) of the 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]Education (Queensland College of Teachers) Act 2005 (Qld) s 53(1) and (3).

3. Directions were made by QCAT inviting ESR to file submissions as to why this is an exceptional case for ending the suspension of his teachers registration. ESR has advised that he will not be filing any submissions at this stage.

4. Accordingly, there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the teacher registration of ESR. 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. Therefore, I order that the suspension of ESR’s teacher registration continue.

6. Section 10 of the Criminal Law (Sexual Offences) Act 1978 (Qld) prohibits publication of identifying information about a person charged with certain prescribed sexual offences, including offences under s 352 of the Criminal Code, before the alleged offender is committed for trial or sentenced upon the charge.

7. Pursuant to s 66(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) the Tribunal can make an order prohibiting the publication of information that may enable a person who has appeared before the Tribunal to be identified.

8. At this stage, ESR is entitled to have his identity protected.

9. I have initiated an application under s 66 and consider it appropriate to order that until further order the publication of identifying information about ESR is prohibited.