Queensland College of Teachers v Teacher MDR

[2012] QCAT 449

CITATION: Queensland College of Teachers v Teacher MDR [2012] QCAT 449

PARTIES:	Queensland College of Teachers (Applicant/Appellant)
v
Teacher MDR (Respondent)

APPLICATION NUMBER: OCR248-12

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Michelle Howard, Acting Senior Member

DELIVERED ON: 14 September 2012

DELIVERED AT: Brisbane

ORDERS MADE:

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

2.   Until further order, publication is prohibited of any identifying information about the teacher the subject of this application.

CATCHWORDS:

OCCUPATIONAL REGULATION – SUSPENSION OF TEACHER – whether exceptional case – whether suspension should continue

Education (Queensland College of Teachers) Act 2005, ss 48, 53-55
Queensland Civil and Administrative Tribunal Act 2009, s 66

APPEARANCES and REPRESENTATION (if any):

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

REASONS FOR DECISION

1. MDR’s teacher registration was suspended by the Queensland College of Teachers on 27 July 2012 pursuant to section 48 of the Education (Queensland College of Teachers) Act 2005 (the Act) on the basis that he had been charged with serious offences.  The charges relate to indecent treatment of boy/s under 17.

2. As required by section 50(5) of the Act, the College 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 would not be harmed if the suspension were ended.[1]  Directions were made by QCAT inviting submissions from MDR as to why this is an exceptional case for ending the suspension of his teacher registration.  MDR has not provided submissions to the Tribunal.

   [1]        Education (Queensland College of Teachers) Act 2005, s 53(1) and (3).

3. There is no information or evidence before the Tribunal that this is an exceptional case for ending the suspension of MDR’s teacher registration.  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 to be ended.

4. Accordingly, I order that the suspension continue.

5. Under section 66 of the QCAT Act, the Tribunal may make an order prohibiting publication of information enabling a person appearing before the Tribunal or affected by a proceeding to be identified. Under s 66(2), an order prohibiting publication may be made if the Tribunal considers it is in the interests of justice.

6. The Criminal Law (Sexual Offences) Act 1978 provides for limitations on the publication of information about persons charged with sexual offences. While publication of these reasons may not be directly prohibited by that Act, publication at this stage would tend to be inconsistent in my view, with the protections afforded by that Act. Therefore, I have initiated a non-publication order under section 66 of the QCAT Act as I am satisfied that it is in the interests of justice to prohibit publication of any information identifying MDR until further order.