Queensland College of Teachers v Teacher Lho

[2018] QCAT 343

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL

CITATION:

Queensland College of Teachers v Teacher LHO [2018] QCAT 343

PARTIES:

QUEENSLAND COLLEGE OF TEACHERS
(applicant)

v

TEACHER LHO

(respondent)

APPLICATION NO/S:

OCR232-18

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

15 October 2018

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Senior Member Aughterson

ORDERS:

1.   The suspension of the registration of Teacher LHO 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 LHO, any relevant student, the relevant school or the relevant organisation.

CATCHWORDS:

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

Criminal Code (Qld), s 217(1)
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), s 55, Schedule 3
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 55(6), s 66
Working with Children (Risk Management and Screening) Act 2000 (Qld), s 167, Schedule 2

Baker v The Queen (2004) 223 CLR 513
Queensland College of Teachers v AHC [2018] QCAT 116

REPRESENTATION:

Applicant:

Carson Lloyd, Principal Legal Officer

Respondent:

Brianna Elizabeth Mckenzie, Solicitor at Wilson Law

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 LHO’s teacher registration on 22 August 2018 under s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘the Act’), on the grounds that the Teacher had been charged with one count of procuring a young person for carnal knowledge pursuant to s 217(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 must include a statement that QCAT will review the continuation of the suspension to decide whether it is an ‘exceptional case’[2] in which the best interests of children would not be harmed if the suspension were ended.[3]

   [1]As to the meaning of the terms ‘approved teacher’ and ‘serious offence’, see the Act at Schedule 3. As to the term ‘serious offence’, see also the Working with Children Act (Risk Management and Screening) Act 2000 (Qld), s 167and Schedule 2.

   [2]As to the term ‘exceptional case’, see Queensland College of Teachers v AHC [2018] QCAT 116 at [5]. See also, generally, Baker v The Queen (2004) 223 CLR 513 at 573 per Callinan J.

   [3]

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) 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.[4] In submissions filed on 2 October 2018, the respondent made no submissions going to the question of whether the suspension should continue.[5] The College submitted that it is not an ‘exceptional case’ and that the suspension should continue.

   [4]The Tribunal Directions were made on 28 August 2018, requiring any submissions to be made by 2 October 2018.

   [5]While the respondent made submissions in relation to the payment of salary during any ongoing suspension, as submitted by the applicant the jurisdiction of the Tribunal is confined to either continuing or ending the suspension: see s 53 and 55 of the Act.

5. There is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Teacher LHO 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.[6]

   [6]It is noted that under s 55(6) of the Act, the Teacher may apply to QCAT within 28 days of the notice of this decision for a review of the decision.

   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, or is affected by a proceeding, to be identified. The Tribunal may do so on the application of a party or on its own initiative.[7] Both the applicant and the respondent submit that it would be appropriate to make such an order in this instance.

   [7]Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66(3).

7. I am satisfied that it would be contrary to the public interest for information to be published that would identify Teacher LHO, any relevant student, the relevant school or the relevant organisation. This non-publication order can be revisited in any subsequent disciplinary proceedings.

8. I make orders pursuant to s 66 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) 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.