Queensland College of Teachers v Schneider
[2012] QCAT 680
•10 December 2012
| CITATION: | Queensland College of Teachers v Schneider [2012] QCAT 680 |
| PARTIES: | Queensland College of Teachers |
| v | |
| Jeffrey Schneider |
| APPLICATION NUMBER: | OCR345-12 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Kerrie O'Callaghan, Senior Member |
| DELIVERED ON: | 10 December 2012 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of Jeffrey Schneider 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
Queensland College of Teachers suspended Mr Schneider’s teacher’s registration on 23 October 2012 pursuant to section 48 of the Education (Queensland College of Teachers) Act 2005 on the grounds that he had been charged with a serious offence namely visually capturing person’s genital region.
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] Section 53(1) and (3) of the Education (Queensland College of Teachers) Act 2005.
Directions were made by QCAT inviting Mr Schneider to file submissions as to why this is an exceptional case for ending the suspension of his teacher’s registration. No submissions have been received from Mr Schneider.
As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Mr Schneider 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.
As such I order that teacher Mr Schneider’s teacher registration suspension continue.
0
0
0