Queensland College of Teachers v Teacher PM
[2011] QCAT 73
•10 February 2011
| CITATION: | Queensland College of Teachers v Teacher PM [2011] QCAT 73 |
| PARTIES: | Queensland College of Teachers |
| v | |
| Teacher PM |
| APPLICATION NUMBER: | OCR323-10 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | 31 January 2011 |
| HEARD AT: | Brisbane |
| DECISION OF: | Patricia Hanly, Presiding Member Rosemary Kyburz, Member Ron Joachim, Member |
| DELIVERED ON: | 10 February 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | [1] That Teacher PM’s teacher registration suspension continue pursuant to s 55(1) of the Education (Queensland College of Teachers) Act 2005. [2] That the matter be listed for review not less than six months from the date of this hearing. [3] That within 14 days of receiving notice under s 80 of the Act of the conclusion of criminal proceedings, the Queensland College of Teachers notify the Principal Registrar of the Queensland Civil and Administrative Tribunal of the outcome of the proceedings. [4] That unless Teacher PM’s teacher registration is cancelled under s 56 of the Act, that upon receiving notice under clause (3) of this order, the Principal Registrar list the matter for a directions hearing. [5] That upon the giving of 7 days written notice, each party has liberty to apply for further directions. |
| CATCHWORDS: | Suspension – exceptional case – disqualifying offence |
APPEARANCES and REPRESENTATION (if any):
| Nil. |
REASONS FOR DECISION
Teacher PM was a teacher in a Queensland country town.
The Queensland College of Teachers (the College) suspended his registration on 14 December 2010 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (the Act) because he had been charged with disqualifying offences, namely under section 210 of the Queensland Criminal Code. Notification of this came from the Queensland Police Service (QPS) on 13 December 2010.
A Suspension Notice was forwarded by registered mail to Teacher PM on 14 December 2010, by the College.
Legislation
Pursuant to s 48 of the Act, where an approved teacher is charged with a disqualifying offence, the College must immediately suspend the teacher’s registration.
Schedule 3 of the Act adopts the definition of “disqualifying offence” contained in s 120B of the Commission for Children Young People and Child Guardian Act 2000 (CCYPCG Act). The offence of indecent treatment of boys under 17 is a disqualifying offence for the purposes of the CCYPCG Act.
Section 53 of the Act requires the Queensland Civil and Administrative Tribunal (the Tribunal) to review the continuation of the suspension.
Section 54 of the Act requires that the teacher be given notice inviting him/her to demonstrate in writing within 28 days why this matter is an exceptional case in which the best interests of children would not be harmed if the suspension of his/her registration was ended.
Summary of Evidence
The Tribunal relied on the following documents provided by the College:
i.Suspension Notice dated 14 December 2010.
ii.Letter from the Queensland Police Service to the College dated 13 December 2010.
iii.An application to the Tribunal from the College dated 15 December 2010 seeking a continuation of the suspension.
No documents were provided by Teacher PM and no submissions were made on his behalf in response to an invitation to him issued by the Tribunal on 17 December 2010. This invitation gave him until 20 January 2011 to make submissions about why his is an exceptional case in which the best interests of children would not be harmed if the suspension of his registration were ended.
[10] The order sought by the College is:
“That the suspension of Teacher PM’s Teacher registration continue.”
Findings of the Tribunal
[11] The Tribunal finds the following on the balance of probabilities having regard to the serious consequences on the respondent Teacher, Teacher PM of any adverse findings:-
i.Teacher PM was registered as a Teacher in Queensland as at 14 December 2010.
ii.On 13 December 2010 the QPS notified the Queensland College of Teachers that Teacher PM had been charged with indecent dealings with boys pursuant to s 210 of the Queensland Criminal Code. Charges pursuant to s 210 are disqualifying offences for the purpose of the Act.
iii.Teacher PM was suspended pursuant to s 48 of the Act on 14 December 2010 and a suspension notice was forwarded to him on that date.
iv.A Notice was issued pursuant to s 54 of the Act to Teacher PM on 17 December 2010. The notice required him to demonstrate in writing by 20 January 2011 why this matter is an exceptional case in which the best interests of children would not be harmed if the suspension of his registration were ended.
v.The onus is on Teacher PM to make submissions establishing that his is an exceptional case. Having regard to the fact that no submissions were forthcoming, the Tribunal is not satisfied that this is an exceptional case in which it would not harm the best interests of children for the suspension of his registration to be ended.
vi.The Tribunal is satisfied that the order sought by the College is appropriate pending the outcome of the charges against Teacher PM.
Orders
[12] That Teacher PM’s teacher registration suspension continue pursuant to s 55(1) of the Education (Queensland College of Teachers) Act 2005 (the Act).
[13] That the matter be listed for review not less than six months from the date of this hearing.
[14] That within 14 days of receiving notice under s 80 of the Act of the conclusion of criminal proceedings, the Queensland College of Teachers notify the Principal Registrar of the Queensland Civil and Administrative Tribunal of the outcome of the proceedings.
[15] That unless Teacher PM’s teacher registration is cancelled under s 56 of the Act, that upon receiving notice under clause (3) of this order, the Principal Registrar list the matter for a directions hearing.
[16] That upon the giving of 7 days written notice, each party has liberty to apply for further directions.
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