Queensland College of Teachers v Teacher MVC

[2012] QCAT 414

CITATION: Queensland College of Teachers v Teacher MVC [2012] QCAT 414

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

APPLICATION NUMBER: OCR196-12

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Michelle Howard, Acting Senior Member

DELIVERED ON: 8 August 2012

DELIVERED AT: Brisbane

ORDERS MADE: 1. The suspension of the registration of MVC as a teacher is continued.

CATCHWORDS:

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

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

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. Teacher MVC’s teacher registration was suspended by the Queensland College of Teachers on 25 May 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 various charges relate to indecent treatment of boys under 17; indecent treatment of children under 16; and permitting sodomy by a male person aged under 18 years.

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 Teacher MVC as to why this is an exceptional case for ending the suspension of his teacher registration.  MVC 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 MVC’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.