Queensland College of Teachers v Hearn

[2015] QCAT 481

CITATION: Queensland College of Teachers v Hearn [2015] QCAT 481

PARTIES:	Queensland College of Teachers
v
Jonathan Hearn

APPLICATION NUMBER: OCR190-15

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Kerrie O'Callaghan, Senior Member

DELIVERED ON: 24 December 2015

DELIVERED AT: Brisbane

ORDERS MADE: 1.     The suspension of the registration of Jonathan Hearn 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) 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

1. Queensland College of Teachers suspended Jonathan Hearn’s teachers registration on 12 October 2015 pursuant to section 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (QCT) on the grounds that he had been charged with possessing child exploitation material pursuant to s 228D of the Queensland Criminal Code 1899 and distributing child exploitation material pursuant to s 228C(1) of the Queensland Criminal Code.

2. 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 (Qld)

3. Directions were made by QCAT inviting Jonathan Hearn 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 Jonathan Hearn.

4. As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Jonathan Hearn 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 Jonathan Hearn’s teacher registration suspension continue.