Queensland College of Teachers v Gausa Jacob Dau

[2016] QCAT 491

CITATION: Queensland College of Teachers v Gausa Jacob Dau [2016] QCAT 491

PARTIES:	Queensland College of Teachers (Applicant)
v
Gausa Jacob Dau (Respondent)

APPLICATION NUMBER: OCR184-16

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member O’Callaghan

DELIVERED ON: 2 December 2016

DELIVERED AT: Brisbane

ORDERS MADE: 1.    The suspension of the registration of Gausa Jacob Dau as a teacher is continued.

CATCHWORDS:

EDUCATION – TRAINING AND REGISTRATION OF TEACHERS – suspension of teacher – where charged with serious offence – 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).

REPRESENTATIVES:

APPLICANT: represented by Clarissa Connell, Principal Legal Officer

RESPONDENT: Not represented

REASONS FOR DECISION

1. The Queensland College of Teachers suspended Gausa Jacob Dau’s teachers registration on 10 October 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 7 counts of indecent treatment of children under 16, child under 12 years pursuant to section 210(1)(a) & (3) of the Qld 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 Mr Dau 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 Dau.

4. As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Mr Dau 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 Gausa Jacob Dau’s teachers registration suspension continue.