Queensland College of Teachers v Teacher AAR

[2018] QCAT 389

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Queensland College of Teachers v Teacher AAR [2018] QCAT 389

PARTIES:

QUEENSLAND COLLEGE OF TEACHERS
(applicant)

v

TEACHER AAR

(respondent)

APPLICATION NO/S:

OCR261-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

20 November 2018

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Aughterson

ORDERS:

1.   The suspension of the registration of Teacher AAR as a teacher is continued.

2.   Other than to the parties to this proceeding and until further order of the Tribunal, publication is prohibited of any information which may identify Teacher AAR, the relevant child, or the relevant school.

CATCHWORDS:

EDUCATION – TRAINING AND REGISTRATION OF TEACHERS – suspension of teacher – where charged with serious offence – whether exceptional case – whether suspension should continue

Education (Queensland College of Teachers) Act 2005 (Qld), s 48, s 53, s 54, s 55
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66
Working with Children (Risk Management and Screening) Act 2000, s 167

REPRESENTATION:

Applicant:

D G Dupree, Senior Legal Officer

Respondent:

Self-represented

APPEARANCES:

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

REASONS FOR DECISION

1. The Queensland College of Teachers (‘the College’) suspended Teacher AAR’s teacher registration on 19 September 2018 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘the Act’), on the grounds that the Teacher had been charged with a serious offence within the meaning of s 167 of the Working with Children (Risk Management and Screening) Act 2000; namely, torture contrary to s 320A(1) of the Criminal Code (Qld).

2. By s 48 of the Act, the College must suspend the registration of an ‘approved teacher’ immediately after becoming aware that the teacher is charged with a ‘serious offence’.[1] Notice of the suspension is given to the teacher pursuant to s 50(1) the Act, which notice must include a statement that QCAT will review the continuation of the suspension to decide whether it is an exceptional case in which the best interests of children would not be harmed if the suspension were ended.[2]

   [1]As to the meaning of the terms ‘approved teacher’ and ‘serious offence’, see the Act at Schedule 3.

   [2]See s 50(2)(c) of the Act. The review is conducted in the original jurisdiction of the Tribunal: see s 53(2) of the Act.

3. In accordance with s 50(5) of the Act, the College has referred the continuation of the suspension to QCAT for review pursuant to s 53 of the Act. By s 53(1) the Tribunal must decide whether to continue the suspension, while s 53(3)(a) requires the Tribunal to continue the suspension unless satisfied that the matter is an exceptional case in which the best interests of children would not be harmed if the suspension were ended.

4. As required by s 54(1)(a) of the Act, directions were made by the Tribunal inviting the Teacher to show why the matter is an exceptional case in which the best interests of children would not be harmed if the suspension of the registration or permission to teach were ended.[3] No submissions have been received from the Teacher.

   [3]The Tribunal Directions were made on 3 October 2018, requiring any submissions to be made by 7 November 2018.

5. As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Teacher AAR as a teacher. I am not satisfied that it is an exceptional case in which the best interests of children would not be harmed if the suspension were ended.

   Non-publication order

6. Pursuant to s 66(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) 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. The Tribunal may do so on the application of a party or on its own initiative.[4]

   [4]Section 66(3) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

7. Neither the College nor Teacher AAR has made any submissions concerning a non-publication order under s 66.

8. I am satisfied that it would be contrary to the public interest for information to be published which would identify the relevant child. There is a possibility that the publication of the name of Teacher AAR or the relevant school would lead to identification of the child. This aspect of the non-publication order can be revisited in any subsequent disciplinary proceedings.

9. I make orders pursuant to s 66 of the QCAT Act prohibiting the publication of that information.