Queensland College of Teachers v Millett

[2016] QCAT 428

CITATION: Queensland College of Teachers v Millett [2016] QCAT 428

PARTIES:	Queensland College of Teachers (Applicant)
v
Anthony Francis Millett (Respondent)

APPLICATION NUMBER: OCR165-16

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member O’Callaghan

DELIVERED ON: 9 November 2016

DELIVERED AT: Brisbane

ORDERS MADE: 1.    The suspension of the registration of Anthony Francis Millett as a teacher is continued.

CATCHWORDS:

EDUCATION – TRAINING AND REGISTRATION OF TEACHERS – suspension of teacher – where charged with a 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 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

1. The Queensland College of Teachers suspended Anthony Francis Millett’s teachers registration on 19 September 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 pursuant to section 228D of the Criminal Code (Qld).

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 Dr Millett to file submissions as to why this is an exceptional case for ending the suspension of his teachers registration.  No submissions have been received from Dr Millett.

4. As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Dr Millett 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 Anthony Francis Millett’s teachers registration suspension continue.