Queensland College of Teachers v Teacher LZ

[2016] QCAT 483

CITATION: Queensland College of Teachers v Teacher LZ [2016] QCAT 483

PARTIES:	Queensland College of Teachers (Applicant)
v
Teacher LZ (Respondent)

APPLICATION NUMBER: OCR200-16

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: A/ Senior Member Howard

DELIVERED ON: 12 December 2016

DELIVERED AT: Brisbane

ORDERS MADE:

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

2.    Other than to the parties to the proceeding, publication of the identity of Teacher LZ is prohibited.

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(2).

APPEARANCES:

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).

REPRESENTATIVES:

APPLICANT: represented by Carson Lloyd, Principal Legal Officer

RESPONDENT: None

REASONS FOR DECISION

1. The Queensland College of Teachers (‘QCT’) suspended Teacher LZ’s teachers registration on 26 October 2016 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT Act’) on the grounds that she had been charged with two counts of sexual assault of a person under 16 years of age pursuant to s 61D(1) of the New South Wales Crime Act 1900.

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]Section 53(1) and (3) QCT Act.

3. Directions were made by QCAT inviting Teacher LZ to file submissions as to why this is an exceptional case for ending the suspension of her teachers registration. No submissions have been received from Teacher LZ.

4. As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Teacher LZ 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. I order that Teacher LZ’s teachers registration suspension continue. 

6. It is now open to Teacher LZ to apply, within 28 days after this notice is given, to QCAT for a review of this decision.[2]

   [2]Section 55(6) QCT Act.

Non-Publication

1. The offences with which Teacher LZ has been charged do not relate to a student but to a person in a “friend/family relationship”. It is therefore appropriate, pursuant to s 66 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld), not to publish the identity of Teacher LZ out of caution that the alleged victim not be identified, in order to avoid endangering his/her mental health.