Queensland College of Teachers v Searle
[2013] QCAT 633
•20 November 2013
| CITATION: | Queensland College of Teachers v Searle [2013] QCAT 633 |
| PARTIES: | Queensland College of Teachers (Applicant) |
| v | |
| David John Searle (Respondent) |
| APPLICATION NUMBER: | OCR232-13 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member O'Callaghan |
| DELIVERED ON: | 20 November 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of David John Searle 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 David Searle’s teachers registration on 20 May 2013 pursuant to section 48 of the Education (Queensland College of Teachers) Act 2005 on the grounds that he had been charged with 4 counts of possessing child exploitation material under the provisions of the Criminal Code section 228D and use a carriage service to access child pornography material under the provisions of the Criminal Code section 474.19(1)(a)(i) and (aa) and (b).
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).
Directions were made by QCAT inviting David Searle 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 David Searle.
As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of David Searle 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 David John Searle’s teacher registration suspension continue.
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