Queensland College of Teachers v Teacher HWP

[2011] QCAT 523

CITATION: Queensland College of Teachers v Teacher HWP [2011] QCAT 523

PARTIES:	Queensland College of Teachers
v
Teacher HWP

APPLICATION NUMBER:   OCR071-11

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Michelle Howard, Member 

DELIVERED ON: 27 May 2011

DELIVERED AT: Brisbane

ORDERS MADE:     

1.    That the suspension of the teacher registration of Teacher HWP continue.

2.    That the proceeding be listed for a directions hearing after 1 November 2011.

CATCHWORDS:

DISCIPLINARY PROCEEDINGS – SUSPENSION OF TEACHER – whether exceptional case

Education (Queensland College of Teachers) Act 2005, ss 48, 53, 54, 55

APPEARANCES and REPRESENTATION (if any):

This proceeding was heard on the papers, pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009 (the QCAT Act).

REASONS FOR DECISION

1. On 6 April 2011, the Queensland College of Teachers (QCT) had suspended the teacher registration of Teacher HWP in accordance with section 48 of the Education (Queensland College of Teachers) Act 2005 (the Act), following receipt of advice from the Queensland Police Service that he had been charged with disqualifying offences.  On 7 April 2011, the QCT filed a referral in a disciplinary matter concerning the respondent, who is an approved teacher, in the tribunal.

2. The referral to the tribunal seeks orders for the suspension of the teacher to continue under section 55(1) of the Act.

3. Section 53 of the Act requires that the tribunal decide whether to continue the suspension of an approved teacher under section 48. The purpose of the decision is to decide whether it is an exceptional case, in which the best interests of children would not be harmed, if the suspension were ended.

4. Section 54 provides for the tribunal to invite submissions from the teacher about why the matter is an exceptional case. If it is an exceptional case, the tribunal must order that the suspension be ended: s 55(2).

5. The respondent has provided representations to the tribunal through legal representatives.  His legal representatives advise that he denies the allegations and a defence is being prepared on this basis.  However, he understands that asserting innocence does not constitute an exceptional case.  Accordingly, his representatives state that he has no submissions to make and will abide the decision of the tribunal.

6. In the circumstances, there is no evidence which satisfies me that this is an exceptional case.  I order that the suspension of the teacher continue.

7. Further, I direct that the proceeding be listed for a directions hearing after 1 November 2011.