Queensland College of Teachers v Stephens

[2016] QCAT 71

CITATION: Queensland College of Teachers v Stephens [2016] QCAT 71

PARTIES:	Queensland College of Teachers (Applicant)
v
Bevan Allan Stephens (Respondent)

APPLICATION NUMBER:

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member O’Callaghan

DELIVERED ON: 3 May 2016

DELIVERED AT: Brisbane

ORDERS MADE: 1.    The suspension of the registration of Bevan Allan Stephens 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 (Qld), s 48, s 53, s 54, s 55

APPEARANCES:

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

1. Queensland College of Teachers suspended Bevan Allan Stephens’ teachers registration on 11 March 2016 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT’) on the grounds that he had been charged with six offences of possessing child exploitation material under the provisions of the Criminal Code s 228D and an offence of using a carriage service to access child pornography material under the provisions of the Criminal Code (Cth) s 474.

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

3. Directions were made by QCAT inviting Bevan Allan Stephens 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 Bevan Allan Stephens.

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