Queensland College of Teachers v MNB

[2019] QCAT 225

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Queensland College of Teachers v MNB [2019] QCAT 225

PARTIES:

QUEENSLAND COLLEGE OF TEACHERS

(applicant)

v

MNB

(respondent)

APPLICATION NO/S:

OCR208-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

12 August 2019

HEARING DATE:

On the Papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Aughterson

ORDERS:

1.   The application to continue the suspension of MNB’s teacher registration is dismissed.

2.   Other than to the parties to this proceeding and until further order of the Tribunal, publication is prohibited of any information that may identify MNB, the relevant students or former students or the relevant school.

3.   Despite Order 2, the Queensland College of Teachers may provide a copy of this decision and the reasons for the decision to:

(a)     any employing authority for a school or any other employer considering the respondent for a teaching role or child related employment;

(b)     the respondent’s current and future health practitioners;

(c)     other teacher regulatory authorities; and

(d)     the Chief Executive of Employment Screening.

CATCHWORDS:

EDUCATION – EDUCATORS – REGISTRATION – whether to continue suspension of teacher – whether to dismiss application where teacher has voluntarily surrendered their registration

Education (Queensland College of Teachers) Act 2005 (Qld) s 49, s 53, s 55

Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 47(1)(b), s 66

Queensland College of Teachers v JBO [2017] QCAT (Unreported, Queensland Civil and Administrative Tribunal, 29 November 2017);

Queensland College of Teachers v IOP [2019] QCAT (Unreported, Queensland Civil and Administrative Tribunal, 15 July 2019).

APPEARANCES: This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

1. The respondent was granted teacher registration on 25 November 2013.

2. On 21 June 2019, the Queensland College of Teachers (‘the College’) suspended the respondent’s teacher registration pursuant to section 49 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘the Act’), on the basis that the College held a reasonable belief that the respondent posed an unacceptable risk of harm to children. In the notice of suspension issued to the respondent, the College particularised 21 instances of engaging in an inappropriate and unprofessional manner towards students.[1]

   [1]Notice of Suspension, 21 June 2019, [6] – [7].

3. The College referred the matter to the Tribunal to continue the suspension pursuant sections 53 and 55 of the Act. The Tribunal issued Directions on 2 July 2019 inviting the respondent to file submissions as to why he does not pose an unacceptable risk of harm to students. No submissions were filed by the respondent.

4. On 15 July 2019, the College filed submissions in support of an application to dismiss the referral pursuant to s 47(1)(b) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’), on the basis that the referral now lacked substance. That is because on 10 July 2019, following the respondent’s voluntary surrender of his teacher registration, he was removed from the register of approved teachers. Consequently, the respondent is now a ‘former approved teacher’, as defined in Schedule 3 of the Act. He is no longer an ‘approved teacher’, as defined in Schedule 3, such that a decision can be made in relation to continuation of his suspension pursuant to s 53 and 55 of the Act.

5. Accordingly, the appropriate course of action is to dismiss the referral pursuant to s 47(1)(b) of the QCAT Act.[2]

   [2]See Queensland College of Teachers v JBO [2017] QCAT (Unreported, Queensland Civil and Administrative Tribunal, 29 November 2017); Queensland College of Teachers v IOP [2019] QCAT (Unreported, Queensland Civil and Administrative Tribunal, 15 July 2019).

Non- Publication Order

1. Section 66 (1) of the QCAT Act allows the Tribunal to make an order prohibiting the publication of information that may enable a person who has appeared before the Tribunal, or is affected by the proceeding, to be identified.

2. In its submissions filed on 15 July 2019, the College sought an order prohibiting the publication of information that might identify the relevant school or the relevant students or former students.

3. The Tribunal is satisfied that such a non-publication order is in the public interest and that it should also extend to prohibiting publication of information that might identify the respondent, as that could, in turn, lead to identification of the relevant school or relevant students or former students.

4. Accordingly, the Tribunal makes orders pursuant to section 66 of the QCAT Act to that effect.