Queensland College of Teachers v Teacher Alu

[2018] QCAT 339

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Queensland College of Teachers v Teacher ALU [2018] QCAT 339

PARTIES:

QUEENSLAND COLLEGE OF TEACHERS
(applicant)

v

TEACHER ALU

(respondent)

APPLICATION NO/S:

OCR230-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

10 October 2018

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Aughterson

ORDERS:

1.   The suspension of the registration of Teacher ALU 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 ALU, any complainant or alleged victim, 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 50(1), s 50(2)(c), s 50(5), s 53, s 54(1)(a), Schedule 3
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66
Criminal Code (Qld), s 228D(1)(d)

REPRESENTATION:

Applicant:

None

Respondent:

None

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 ALU’s teacher registration on 9 July 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 two counts of possessing child exploitation material contrary to

   
   

   s 228D(1)(b) 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]

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 24 August 2018, requiring any submissions to be made by 27 September 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 ALU 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 may 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]Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66(3).

7. Neither the College nor the Teacher has made submissions concerning a non-publication order under s 66. However, I am satisfied that it would be contrary to the public interest for information to be published which may identify the Teacher, any complainant or alleged victim, or the relevant school. This non-publication order can be revisited in any subsequent proceedings.

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

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.