Queensland College of Teachers v Sims

[2016] QCAT 40

CITATION: Queensland College of Teachers v Sims [2016] QCAT 40

PARTIES:	Queensland College of Teachers
v
Jonathan Sims

APPLICATION NUMBER: OCR207-15

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Kerrie O'Callaghan, Senior Member

DELIVERED ON: 5 January 2016

DELIVERED AT: Brisbane

ORDERS MADE: 1.     The suspension of the registration of Jonathan Sims 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 Jonathan Sims’s teacher’s registration on 5 November 2015 pursuant to section 48 of the Education (Queensland College of Teachers) Act 2005 on the grounds that he had been charged with indecent treatment of children under 16 child under 12 years pursuant to section 210(1)(a)&(3) of the Queensland Criminal Code.

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] Section 53(1) and (3) of the Education (Queensland College of Teachers) Act 2005

3. Directions were made by QCAT inviting Jonathan Sims 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 Jonathan Sims.

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