Queensland College of Teachers v Peter St James
[2016] QCAT 379
•21 October 2016
| CITATION: | Queensland College of Teachers v Peter St James [2016] QCAT 379 |
| PARTIES: | Queensland College of Teachers (Applicant) |
| v | |
| Peter St James (Respondent) |
| APPLICATION NUMBER: | OCR152-16 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member O’Callaghan |
| DELIVERED ON: | 21 October 2016 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of Peter St James 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).
REPRESENTATIVES:
| APPLICANT: | represented by Carson Lloyd, Principal Legal Officer |
| RESPONDENT: | None |
REASONS FOR DECISION
The Queensland College of Teachers suspended Peter St James’ teachers registration on 5 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 under section 228D of the Qld 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]Section 53(1) and (3) of the Education (Queensland College of Teachers) Act 2005 (Qld).
Directions were made by QCAT inviting Mr James 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 Mr James.
As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Mr James 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.
I order that teacher Peter St James’ teachers registration suspension continue.
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