Queensland College of Teachers v MND
[2015] QCAT 126
•20 April 2015
| CITATION: | Queensland College of Teachers v MND [2015] QCAT 126 |
| PARTIES: | Queensland College of Teachers (Applicant) |
| v | |
| MND (Respondent) |
| APPLICATION NUMBER: | OCR027-15 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Acting Senior Member Howard |
| DELIVERED ON: | 20 April 2015 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of MND as a teacher is continued. 2. Until further order, publication is prohibited of any information which may identify MND and the complainant/s. 3. The matter is listed for a directions hearing at 1.30pm on 28 April 2015. |
| CATCHWORDS: | Occupational regulation – suspension of teacher – 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
Queensland College of Teachers (QCT) suspended MND’s teachers registration on 18 February 2015 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT Act’) on the grounds that he had been charged on 17 February 2015 with one count of indecent treatment of children under 16 lineal descendent/guardian/carer pursuant to s 210(1)(a) & (4) of the Criminal Code; one count of indecent treatment of child under 16 (indecent film etc) pursuant to s 210(1)(e) of the Criminal Code; and one count of indecent treatment of child under 16 (procure to commit) pursuant to s 210(1)(b) 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]QCT Act ss 53(1), (3).
Directions were made by QCAT inviting MND 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 MND.
Accordingly, there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the teacher registration of MND. 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.
Therefore, I order that the suspension of MND’s teachers registration continue.
The Criminal Law (Sexual Offences) Act 1978 (Qld) prohibits publication of identifying information about complainants and, in some circumstances, (although not in respect of the charges which MND faces) persons charged with sexual offences. Pursuant to s 66(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) the Tribunal can make an order prohibiting the publication of information.
Identification of MND may tend to identify the complainant. I have initiated an application under s 66 and consider it appropriate to order that until further order the publication of identifying information about MND and the complainant/s is prohibited.
The QCT seeks certain other orders or directions at this stage. I have listed the proceeding for a directions hearing accordingly.
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