Queensland College of Teachers v RJA

[2014] QCAT 144

CITATION: Queensland College of Teachers v RJA [2014] QCAT 144

PARTIES:	Queensland College of Teachers (Applicant)
v
RJA (Respondent)

APPLICATION NUMBER: OCR048-14

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member O’Callaghan

DELIVERED ON: 10 April 2014

DELIVERED AT: Brisbane

ORDERS MADE:

1.    The suspension of the registration of RJA as a teacher is continued.

2.    Publication is prohibited of any identifying information about the teacher the subject of this application until further order.

CATCHWORDS:

Occupational regulation – suspension of teacher – whether exceptional case – whether suspension should continue

Education (Queensland College of Teachers) Act 2005 (Qld) ss 48, 53, 54, 55
Criminal Law (Sexual Offences) Act 1978
Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 66

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. Queensland College of Teachers suspended RJA’s teachers registration on 7 February 2014 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT’)on the grounds that he had been charged with:

   ·Indecent treatment of children under 16 – under the provisions of the Criminal Code section 210(1)(a);

   ·Indecent treatment of children under 16, under 12 x 14 – under the provisions of the Criminal Code section 210(1)(a)&(3);

   ·Indecent treatment of child under 16 (take photographs etc), child under 12 years x 2 – under the provisions of the Criminal Code section 210(1)(f)&(3);

   ·Rape x 14 – under the provisions of the Criminal Code section 349(1);

   ·Deprivation of Liberty x 4 – under the provisions of the Criminal Code section 355;

   ·Attempted Rape x 2 – under the provisions of the Criminal Code sections 349(1) & 535;

   ·Threats – under the provisions of the Criminal Code section 359.

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 RJA 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 RJA.

4. As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of RJA 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. As such I order that teacher RJA’s teacher registration suspension continue. 

6. Section 10 of the Criminal Law (Sexual Offences) Act 1978 (Qld) prohibits publication of identifying information about a person charged with certain prescribed sexual offences before the alleged offender is committed for trial or sentenced upon the charge.

7. 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 that may enable a person who has appeared before the Tribunal to be identified.

8. In this case RJA has not been committed for trial and is entitled to have his identity protected.

9. As such I have initiated an application under s 66 and think it appropriate to order until further order the Tribunal prohibit the publication of identifying information about RJA.