Queensland College of Teachers v John Amarandos

[2016] QCAT 356

CITATION: Queensland College of Teachers v John Amarandos [2016] QCAT 356

PARTIES:	Queensland College of Teachers (Applicant)
v
John Dimitrios Amarandos (Respondent)

APPLICATION NUMBER: OCR127-16

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member O’Callaghan

DELIVERED ON: 5 October 2016

DELIVERED AT: Brisbane

ORDERS MADE: 1.    The suspension of the registration of John Dimitrios Amarandos as a teacher is continued.

CATCHWORDS:

EDUCATION – TRAINING AND REGISTRATION OF TEACHERS – suspension of teacher – where charged with serious offence – 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).

REPRESENTATIVES:

APPLICANT: represented by Clare Sherman, Senior Legal Officer

RESPONDENT: represented by Glen Cranny of Gilshenan & Luton Legal Practice

REASONS FOR DECISION

1. The Queensland College of Teachers suspended John Amarandos’ teachers registration on 2 August 2016 pursuant to s 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 under section 228D of the Qld Criminal Code, using a carriage service to access child pornography material under section 474.19(1)(a)(i) & (aa) & (b) of the Commonwealth Criminal Code, and using a carriage service to make available child pornography material under section 474.19(1)(a)(iii) & (aa) & (b) of the Commonwealth Criminal Code.

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 (Qld).

3. Directions were made by QCAT inviting Mr Amarandos to file submissions as to why this is an exceptional case for ending the suspension of his teachers registration. His representatives advised the Tribunal that he did not intend to make submissions, and that he consents to the continuation of the suspension.

4. As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Mr Amarandos 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. I order that teacher John Dimitrios Amarandos’ teachers registration suspension continue.