Queensland College of Teachers v Teacher Nim

[2017] QCAT 426

CITATION:

Queensland College of Teachers v Teacher NIM [2017] QCAT 426

PARTIES:

Queensland College of Teachers
(Applicant)

v

Teacher NIM

(Respondent)

APPLICATION NUMBER:

OCR219-17

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

A/Senior Member Browne

DELIVERED ON:

30 November 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

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

CATCHWORDS:

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

Criminal Code Act 1995 (Cth), s 474.19
Education (Queensland College of Teachers) Act 2005 (Qld), s 48, s 50(5), s 53, s 54, s 55
Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66

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).

REASONS FOR DECISION

1. Teacher NIM has been registered in Queensland as a teacher since 2014. The Queensland College of Teachers (QCT) suspended Teacher NIM’s registration on 3 October 2017 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (QCT Act) on the grounds that he had been charged with use of a carriage service to access child pornography material under s 474.19 of the Criminal Code Act 1995 (Cth).

2. In accordance with s 50(5) of the QCT Act, the QCT has referred the continuation of Teacher NIM’s 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]QCT Act, s 53(1) and (3)(a).

3. Directions were made by the Tribunal inviting Teacher NIM to file submissions as to why this is an exceptional case for ending the suspension of his teacher’s registration. No submissions have been received from Teacher NIM.

4. As such, there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the teacher’s registration of Teacher NIM. 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 ended before the criminal charges had been finalised.

5. I order that Teacher NIM’s teacher registration suspension continue.

Non-Publication Order

1. Pursuant to s 66(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (QCAT Act), the Tribunal can make an order prohibiting the publication of information that may enable a person who has appeared before the Tribunal to be identified. The Tribunal may do so on the application of a party or on its own initiative.[2]

   [2]QCAT Act, s 66(3).

2. Neither the QCT nor Teacher NIM have made any submissions concerning a non-publication order under s 66.

3. In this case, Teacher NIM has not yet been committed for trial and is entitled to have his identity protected. Further, it is not in the interests of justice for any relevant student or school involved in this matter to be identified.

4. Accordingly, I make an order pursuant to s 66 of the QCAT Act that other than to the parties to this proceeding, and until further order of the Tribunal, publication is prohibited of any information that may identify Teacher NIM, any relevant student or the relevant school.