Queensland College of Teachers v Sarah Joy Guazzo

[2016] QCAT 490

CITATION: Queensland College of Teachers v Sarah Joy Guazzo [2016] QCAT 490

PARTIES:	Queensland College of Teachers (Applicant)
v
Sarah Joy Guazzo (Respondent)

APPLICATION NUMBER: OCR183-16

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member O’Callaghan

DELIVERED ON: 2 December 2016

DELIVERED AT: Brisbane

ORDERS MADE: 1.    The suspension of the registration of Sarah Joy Guazzo as a teacher is continued.

CATCHWORDS:

EDUCATION – TRAINING AND REGISTRATION OF TEACHERS – suspension of teacher – where charged with 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:

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: represented by Holding Redlich

REASONS FOR DECISION

1. The Queensland College of Teachers suspended Sarah Joy Guazzo’s teachers registration on 11 October 2016 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT’) on the grounds that she had been charged with 5 counts of indecent treatment of children under 16 pursuant to section 210(1)(e) of the Qld Criminal Code and 4 counts of procure a young person for carnal knowledge pursuant to section 217(1) of the Qld Criminal Code.

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 Ms Guazzo to file submissions as to why this is an exceptional case for ending the suspension of her teachers registration. Her representatives confirmed receipt of the directions, but no submissions have been received from Ms Guazzo.

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