Queensland College of Teachers v Smith
[2014] QCAT 470
•16 September 2014
| CITATION: | Queensland College of Teachers v Smith [2014] QCAT 470 |
| PARTIES: | Queensland College of Teachers (Applicant) |
| v | |
| Brendan John Smith (Respondent) |
| APPLICATION NUMBER: | OCR175-14 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member O’Callaghan |
| DELIVERED ON: | 16 September 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of Brendan John Smith 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 (Qld) (QCAT Act).
REASONS FOR DECISION
Queensland College of Teachers (‘QCT’) suspended Brendan John Smith’s teachers registration on 4 August 2014 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) on the grounds that he had been charged with six counts of indecent treatment of child under 16 (permit) child under 12 years lineal descendant/guardian/carer pursuant to s 210(1)(c), (3) and (4) of the Criminal Code.
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]Education (Queensland College of Teachers) Act 2005 (Qld) ss 53(1), (3).
Directions were made by QCAT inviting Brendan John Smith 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 Brendan John Smith.
As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Brendan John Smith 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 Brendan John Smith’s teacher registration suspension continue.
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