Queensland College of Teachers v SRB

[2012] QCAT 35

CITATION: Queensland College of Teachers v SRB [2012] QCAT 35

PARTIES:	Queensland College of Teachers (Applicant/Appellant)
v
SRB (Respondent)

APPLICATION NUMBER: OCR293-11

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Kerrie O’Callaghan, Senior Member

DELIVERED ON: 25 January 2012

DELIVERED AT: Brisbane

ORDERS MADE:

1. The suspension of teacher SRB’s teacher registration continues pursuant to s 55(1) of the Education (Queensland College of Teachers) Act 2005.

2.    Publication is prohibited of any identifying information about the teacher the subject of this application until further order.

CATCHWORDS:

OCCUPATIONAL REGULATION – Suspension of teacher – whether exceptional case – whether the suspension should continue

Education (Queensland College of Teachers) Act 2005, ss 48, 53, 54, 55
Criminal Law (Sexual Offences) Act 1978
Queensland Civil and Administrative Tribunal Act 2009, s 56

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of Queensland Civil and Administrative Tribunal Act2009 (QCAT Act).

REASONS FOR DECISION

1. Queensland College of Teachers (QCT) suspended teacher “SRB” teachers’ registration on 9 December 2011 pursuant to s 48 of the Queensland (College of Teachers) Act 2005 on the grounds that he had been charged with a disqualifying offence namely indecent treatment of a child under 16.

1. In accordance with s 50(5) the QCT has referred the continuation of the suspension to QCAT for review.  The Tribunal must decide whether this is an exceptional case in which the best interests of children would not be harmed if the suspension was ended[1].

   [1]Sub sections 1 and 3 of s 53 of the Education (Queensland College of Teachers) Act 2005.

1. In accordance with directions made by QCAT SRB has provided written submissions as to why this is an exceptional case for ending the suspension of his teachers’ registration in terms of s 53.

1. QCT provided submissions in response.  SRB’s submissions and character references provided in support focus on his positive professional and personal standards and achievements during his teaching career.

1. I note however (as QCT has pointed out in their submissions) that SRB has not provided any information in relation to the serious criminal charge against him namely the alleged indecent treatment of his 15 year old stepdaughter.

1. I am not satisfied on the evidence before me that this is an exceptional case in which the best interests of children would not be harmed if the suspension were to be ended before the criminal charges have been finalised.  As such I order that teacher SRB’s teacher registration suspension continue.

1. Section 10 of the Criminal Law (Sexual Offences) Act 1978 prohibits publication of identifying information about a person charged with certain prescribed sexual offences before the alleged offender is committed for trial or sentenced upon the charge. 

1. Pursuant to s 66(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009 the Tribunal can make an order prohibiting the publication of information that may enable a person who has appeared before the Tribunal to be identified. 

1. In this case SRB has not been committed for trial and is entitled to have his identity protected.

1. As such I have initiated an application under s 66 and think it appropriate to order that until further order the Tribunal prohibit the publication of identifying information about SRB.