Queensland College of Teachers v Hurst

[2013] QCAT 560

CITATION: Queensland College of Teachers v Hurst
 [2013] QCAT 560

PARTIES:	Queensland College of Teachers (Applicant)
v
James Alexander Hurst (Respondent)

APPLICATION NUMBER: OCR217-13

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Kerrie O'Callaghan, Senior Member

DELIVERED ON: 29 October 2013

DELIVERED AT: Brisbane

ORDERS MADE: 1.     The suspension of the registration of James Alexander Hurst 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 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 James Alexander Hurst’s teachers registration on 23 August 2013 pursuant to section 48 of the Education (Queensland College of Teachers) Act 2005 on the grounds that he had been charged with possession of child exploitation material under the provisions of the Criminal Code section 228D and used a carriage service for child pornography material, access, service to transmit, make available, distribute, advertise or promote under the provisions of the Criminal Code s 474 19(1)(a)(i) and (aa) and (b).

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]        Education (Queensland College of Teachers) Act 2005 ss 53(1), (3).

3. Directions were made by QCAT inviting James Alexander Hurst 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 James Alexander Hurst.

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