Queensland College of Teachers v Stockill

Case

[2014] QCAT 398

8 August 2014


CITATION: Queensland College of Teachers v Stockill [2014] QCAT 398
PARTIES: Queensland College of Teachers
(Applicant/Appellant)
v
Edwin Charles Stockill
(Respondent)
APPLICATION NUMBER: OCR133-14
MATTER TYPE: Occupational regulation matters
HEARING DATE: On the papers
HEARD AT: Brisbane
DECISION OF: Senior Member O’Callaghan
DELIVERED ON: 8 August 2014
DELIVERED AT: Brisbane
ORDERS MADE: 1.    The suspension of the registration of Edwin Charles Stockill 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

  1. Queensland College of Teachers (‘QCT’) suspended Edwin Charles Stockill’s teachers registration on 24 June 2014 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) on the grounds that he had been charged with two counts of indecent treatment of children under 16 child under 12 years lineal descendent/guardian/carer pursuant to s 210(1)(a), s 210(3) and s 210(4) of the Criminal Code.

  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]Education (Queensland College of Teachers) Act 2005 (Qld) ss 53(1), (3).

  3. Directions were made by QCAT inviting Edwin Charles Stockill 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 Edwin Charles Stockill.

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


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