Queensland College of Teachers v Harris
[2014] QCAT 85
•10 March 2014
| CITATION: | Queensland College of Teachers v Harris [2014] QCAT 85 |
| PARTIES: | Queensland College of Teachers (Applicant) |
| v | |
| Laura Erin Harris (Respondent) |
| APPLICATION NUMBER: | OCR018-14 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member O’Callaghan |
| DELIVERED ON: | 10 March 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of Laura Erin Harris 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 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 Laura Erin Harris’s teachers registration on 22 January 2014 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) on the grounds that she had been charged with four counts of carnal knowledge of children under 16 years (and attempts) under Criminal Code s 215(1) and six counts of indecent treatment of children under 16 under the provisions of the Criminal Code s 210(1)(a).
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).
Directions were made by QCAT inviting Laura Erin Harris to file submissions as to why this is an exceptional case for ending the suspension of her teacher’s registration. No submissions have been received from Laura Erin Harris.
As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Laura Erin Harris 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 Laura Erin Harris’s teacher registration suspension continue.
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