Queensland College of Teachers v Malone
[2014] QCAT 295
•24 June 2014
| CITATION: | Queensland College of Teachers v Malone [2014] QCAT 295 |
| PARTIES: | Queensland College of Teachers (Applicant) |
| v | |
| Peter Matthew Malone (Respondent) |
| APPLICATION NUMBER: | OCR055-14 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member O’Callaghan |
| DELIVERED ON: | 24 June 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of Peter Matthew Malone 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 (Qld) (QCAT Act).
REASONS FOR DECISION
Queensland College of Teachers suspended Peter Matthew Malone’s teacher’s registration on 17 March 2014 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT’) on the grounds that he had been charged with eight counts of indecent treatment of girls under sixteen pursuant to s 216 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]Education (Queensland College of Teachers) Act 2005 (Qld) ss 53(1), (3).
Directions were made by QCAT inviting Peter Malone 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 Peter Malone.
As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Peter Malone 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 Peter Matthew Malone’s teacher registration suspension continue.
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