Queensland College of Teachers v Larkin

[2013] QCAT 306

CITATION: Queensland College of Teachers v Larkin [2013] QCAT 306

PARTIES:	Queensland College of Teachers (Applicant)
v
Jason Dale Larkin (Respondent)

APPLICATION NUMBER: OCR139-13

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Kerrie O'Callaghan, Senior Member

DELIVERED ON: 19 June 2013

DELIVERED AT: Brisbane

ORDERS MADE: 1.     The suspension of the registration of Jason Dale Larkin 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
Queensland Civil and Administrative Tribunal Act 2009, s66

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. Queensland College of Teachers suspended Jason Dale Larkin’s teachers registration on 28 Mary 2013 pursuant to section 48 of the Education (Queensland College of Teachers) Act 2005 on the grounds that he had been charged with 3 counts of possessing child exploitation material under s228D of the Criminal Code and 2 counts of using a carriage device to access child pornography under s474 of the Commonwealth Criminal Code.

2. In accordance with section 50(5) the QCT has referred the continuation of the suspension to Queensland Civil and Administrative Tribunal (“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), 53(3).

3. Directions were made by QCAT inviting Jason Dale Larkin to file submissions as to why this is an exceptional case for ending the suspension of his teachers registration.  Jason Dale Larkin wrote to the Tribunal on 7 June 2013 advising that he felt his case was not an exceptional case.

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