Queensland College of Teachers v Saggers

[2013] QCAT 700

CITATION: Queensland College of Teachers v Saggers [2013] QCAT 700

PARTIES:	Queensland College of Teachers (Applicant)
v
Mr Glenn Nathan Saggers (Respondent)

APPLICATION NUMBER: OCR164-13

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member O'Callaghan

DELIVERED ON: 9 August 2013

DELIVERED AT: Brisbane

ORDERS MADE: 1.    The suspension of the registration of Glenn Nathan Saggers as a teacher is continued.

CATCHWORDS:

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

Education (Queensland College of Teachers) Act 2005 ss 48, 53, 54, 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 (QCAT Act).

REASONS FOR DECISION

1. Queensland College of Teachers suspended Glenn Nathan Saggers’ teachers registration on 20 June 2013 pursuant to section 48 of the Education (Queensland College of Teachers) Act 2005 on the grounds that he had been charged with serious outcomes namely grooming a child under 16 years with intent to procure engagement in a sexual act under the provisions of the Criminal Code 218B(1)(a) and using the internet to procure children under 16 under the provisions of the Criminal Code 218A(a).

2. In accordance with section 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]        Education (Queensland College of Teachers) Act 2005 ss 53(1) and (3).

3. Directions were made by QCAT inviting Glenn Nathan Saggers 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 Glenn Nathan Saggers.

4. As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Glenn Nathan Saggers 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 Glenn Nathan Saggers’ teacher registration suspension continue.