Queensland College of Teachers v HAC
[2012] QCAT 97
•8 March 2012
| CITATION: | Queensland College of Teachers v HAC [2012] QCAT 97 |
| PARTIES: | Queensland College of Teachers |
| v | |
| HAC |
| APPLICATION NUMBER: | OCR018-12 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Kerrie O'Callaghan, Senior Member |
| DELIVERED ON: | 8 March 2012 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of HAC as a teacher is continued. 2. Publication is prohibited of any identifying information about the teacher 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, 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 (QCAT Act).
REASONS FOR DECISION
Queensland College of Teachers suspended HAC’s teacher’s registration on 19 January 2012 pursuant to section 48 of the Education (Queensland College of Teachers) Act 2005 on the grounds that he had been charged with a disqualifying offence namely possessing child exploitation material.
In accordance with section 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.
Directions were made by QCAT inviting HAC to file submissions as to why this is an exceptional case for ending the suspension of his teacher’s registration. No submissions have been received from HAC.
As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of HAC 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 HAC’s teacher registration suspension continue.
Section 10 of the Criminal Law (Sexual Offences) Act 1978 prohibits publication of identifying information about a person charged with certain prescribed sexual offences before the alleged offender is committed for trial or sentenced upon the charge.
Pursuant to section 66(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009 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.
In this case HAC has not been committed for trial and is entitled to have his identity protected.
As such I have initiated an application under section 66 and think it appropriate to order until further order the Tribunal prohibit the publication of identifying information about HAC.
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