Queensland College of Teachers v Hodgess
[2015] QCAT 308
•4 August 2015
| CITATION: | Queensland College of Teachers v Hodgess [2015] QCAT 308 |
| PARTIES: | Queensland College of Teachers (Applicant) |
| v | |
| Maximillian Ernst Hodgess (Respondent) |
| APPLICATION NUMBER: | OCR092-15 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member O’Callaghan |
| DELIVERED ON: | 4 August 2015 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of Maximillian Ernst Hodgess 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:
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 suspended Maximillian Ernst Hodgess’s teachers registration on 17 June 2015 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT’) on the grounds that he had been charged with two counts of possessing child exploitation material pursuant to s 228D of the Criminal Code and one count of use a carriage service to access child pornography material pursuant to s 474.19(1)(a)(i)&(aa)&(b) of the Criminal Code.
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 Maximillian Ernst Hodgess 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 Maximillian Ernst Hodgess.
As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Maximillian Ernst Hodgess 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 Maximillian Ernst Hodgess’s teacher registration suspension continue.
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