Queensland College of Teachers v MA

[2011] QCAT 208

CITATION: Queensland College of Teachers v MA [2011] QCAT 208

PARTIES:	Queensland College of Teachers
v
Teacher MA

APPLICATION NUMBER:   OCR057-11

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Ms Michelle Howard, Member 

DELIVERED ON: 17 May 2011

DELIVERED AT: Brisbane

ORDERS MADE:    

1.    That the suspension of the teacher registration of Teacher MA continue.

2.    That the proceeding be listed for a directions hearing after 1 November 2011.

CATCHWORDS:

DISCIPLINARY PROCEEDINGS – 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 proceeding was heard on the papers, pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (the QCAT Act).

REASONS FOR DECISION

1. On 22 March 2011, the Queensland College of Teachers (QCT) filed a referral in a disciplinary matter concerning the respondent, who is an approved teacher, in the tribunal. On 22 March 2011, the QCT had suspended the teacher registration of Teacher MA in accordance with section 48 of the Education (Queensland College of Teachers) Act 2005 (the Act), following receipt of advice from the Queensland Police Service that he had been charged with disqualifying offences.

2. The referral to the tribunal sought orders for the suspension of the teacher to continue under section 55(1) of the Act.

3. Section 53 of the Act requires that the tribunal must decide whether to continue the suspension of an approved teacher under section 48. The purpose of the decision is to decide whether it is an exceptional case, in which the best interests of children would not be harmed if the suspension were ended. Section 54 provides for the tribunal to invite submissions from the teacher about why the matter is an exceptional case. Pursuant to section 55 of the Act, the tribunal must decide whether it is an exceptional case in which the best interests of children would not be harmed if the suspension of the teacher were ended. If it is an exceptional case, the tribunal must order that the suspension be ended: s 55(2).

4. The respondent has provided representations to the tribunal through legal representatives.  His legal representatives advise that he denies the allegations and is defending the charges vigorously.  However, he has received legal advice and understands that denying the allegations and conducting his defence accordingly is not sufficient to constitute an exceptional case.  Accordingly, he does not make any submissions that the matter is an exceptional case.

5. Accordingly, there is no information or evidence before the tribunal which satisfies me that this is an exceptional case.  In the circumstances, I order that the suspension of the teacher continue.  I direct that the proceeding be listed for a directions hearing after 1 November 2011.