Queensland College of Teachers v Teacher QMJ

[2017] QCAT 310

CITATION:

Queensland College of Teachers v Teacher QMJ [2017] QCAT 310

PARTIES:

Queensland College of Teachers
(Applicant)

v

Teacher QMJ

(Respondent)

APPLICATION NUMBER:

OCR152-17

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

A/Senior Member Browne

DELIVERED ON:

11 September 2017

DELIVERED AT:

Brisbane

ORDERS MADE:

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

CATCHWORDS:

EDUCATION – TRAINING AND REGISTRATION OF TEACHERS – suspension of teacher – where teacher’s registration suspended on the basis that the teacher poses an unacceptable risk of harm to children – whether the teacher does not pose an unacceptable risk of harm to children – whether suspension should continue

Education (Queensland College of Teachers) Act 2005 (Qld), s 3, s 7, 49, s 50, s 53, 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 QMJ has been registered in Queensland as a teacher since 1995. The Queensland College of Teachers (‘QCT’) suspended Teacher QMJ’s teacher registration on 14 July 2017 pursuant to s 49 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT Act’) having been satisfied that he posed an unacceptable risk of harm to children.

2. Prior to Teacher QMJ’s teacher registration being suspended, he was charged with failing to uphold the ‘obligation of Principal or Principal’s Supervisor to give copy of report to chief executive’s nominee’ pursuant to s 365(5) of the Education (General Provisions) Act 2006 (Qld).

3. The QCT has filed an application in the Tribunal seeking orders that the suspension of Teacher QMJ’s teacher registration continue. The Tribunal must decide whether to continue the suspension of Teacher QMJ’s teacher registration under s 49. In making its determination, the Tribunal must decide whether Teacher QMJ does not pose an unacceptable risk of harm to children.[1]

   [1]QCT Act, s 55(1)(b).

4. Directions were made by the Tribunal inviting Teacher QMJ to file submissions as to why he does not pose an unacceptable risk of harm to children. No submissions have been received from Teacher QMJ.

5. As such, there is no evidence before the Tribunal that Teacher QMJ does not pose an unacceptable risk of harm to children. I am satisfied on the material currently provided that Teacher QMJ poses an unacceptable risk of harm to children. Therefore, I order that the suspension of Teacher QMJ’s teacher’s registration continue.

Non-Publication order

1. Pursuant to s 66(1)(c) of the 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 QMJ has made any submissions concerning a non-publication order under s 66.

3. I am satisfied that it would be contrary to the public interest for information to be published which would identify the relevant school and any students. There is a possibility that the publication of Teacher QMJ’s name would lead to the identification of the relevant school and student. This aspect of the non-publication order can be revisited in any subsequent disciplinary proceedings.

4. I make orders pursuant to s 66 of the QCAT Act prohibiting the publication of that information.