Queensland College of Teachers v Harrison

[2013] QCAT 232

CITATION: Queensland College of Teachers v Harrison [2013] QCAT 232

PARTIES:	Queensland College of Teachers (Applicant)
v
Mr Wayne Arthur Harrison (Respondent)

APPLICATION NUMBER: OCR111-13

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Kerrie O'Callaghan, Senior Member

DELIVERED ON: 21 May 2013

DELIVERED AT: Brisbane

ORDERS MADE: 1.     The suspension of the registration of Mr Wayne Arthur Harrison 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 (QCAT Act).

REASONS FOR DECISION

1. Queensland College of Teachers has suspended Mr Wayne Arthur Harrison’s teacher’s registration pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT’) on the grounds that he had been charged with carnal knowledge of children under 16 years and taking a child for immoral purposes.

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

3. Directions were made by QCAT inviting Wayne Arthur Harrison to file submissions as to why this is an exceptional case for ending the suspension of his teacher’s registration.  He has written to the Tribunal advising he does not wish to make any submissions on this point.

4. As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Wayne Arthur Harrison 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. As such I order that teacher Wayne Arthur Harrison’s teacher registration suspension continue.