Queensland College of Teachers v Matthews

[2012] QCAT 237

CITATION: Queensland College of Teachers v Matthews [2012] QCAT 237

PARTIES:	Queensland College of Teachers
v
Glen Edward Matthews

APPLICATION NUMBER: OCR141-12

MATTER TYPE: General administrative review matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: K O'Callaghan, Senior Member

DELIVERED ON: 13 June 2012

DELIVERED AT: Brisbane

ORDERS MADE: 1.     The suspension of the registration of Glen Edward Mathews 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
Criminal Law (Sexual Offences) Act 1978
Queensland Civil and Administrative Tribunal Act 2009, s 66

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. Glen Edward Mathew’s teacher registration was suspended by the College of Teachers on 23 April 2012 pursuant to section 48 of the Education (Queensland College of Teachers) Act 2005 on the grounds that he has been charged with a serious offence namely the use of internet to procure a child under 16 years.

2. In accordance with section 50(5) of the Queensland Civil and Administrative Tribunal Act 2009 the Queensland College of Teachers 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.

3. Directions were made by QCAT inviting Glen Mathews to file submissions as to why this is an exceptional case for ending the suspension of his teacher registration.  Solicitors representing Glen Mathews wrote to the Tribunal on 31 May requesting an extension of time to lodge the submissions.

4. Glen Mathews was granted an extension until 5 June 2012 to file the submissions.  No submissions have been received.

5. As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration for Glen Mathews as a teacher.  I am not satisfied that this is an exceptional case in which the best interests of children would not be harmed if the suspension were to be ended before the criminal charges had been finalised.

6. As such I order that Glen Mathew’s teacher registration suspension continue.