Queensland College of Teachers v Peterson

[2012] QCAT 170

CITATION: Queensland College of Teachers v Peterson [2012] QCAT 170

PARTIES:	Queensland College of Teachers (Applicant)
v
Kim Peterson (Respondent)

APPLICATION NUMBER: OCR046-12

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Michelle Howard, Member

DELIVERED ON: 3 April 2012

DELIVERED AT: Brisbane

ORDERS MADE: 1.     That the suspension of the teacher registration of Mr Kim Peterson is continued.

CATCHWORDS:

OCCUPATIONAL REGULATION –SUSPENSION OF TEACHER – whether exceptional case – whether suspension should continue

Education (Queensland College of Teachers) Act 2005, ss 48, 50, 53, 55

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. Kim Peterson has been charged with an offence under section 228D of the Criminal Code involving allegations that he possessed child exploitation images and video on his personal computer.

2. As a consequence, the Queensland College of Teachers (QCT) suspended Mr Peterson’s teacher registration under section 48 of the Education (Queensland College of Teachers) Act 2005 (the Act), on the basis that he had been charged with a serious offence.

3. QCT has referred the continuation of the suspension to QCAT for review as required by section 50(5) the Act. Section 53 provides that the tribunal must decide whether to continue the suspension. QCAT must decide whether there is an exceptional case, in which the best interests of children would not be harmed if the suspension was ended: sections 53(3) and 55.

4. Directions were made as required by section 54 inviting Mr Peterson to file written submissions about why this is an exceptional case.  The file reveals that the directions were sent by registered post and that the mail article was collected by Mr Peterson.  However, he has not provided any submissions or responded in any manner to the tribunal’s directions.

5. There is no evidence before the tribunal that this is an exceptional case.  Therefore, I order that the suspension of Mr Peterson’s teacher registration continue.