Queensland College of Teachers v Teacher QXQ
[2017] QCAT 311
•15 September 2017
| CITATION: | Queensland College of Teachers v Teacher QXQ [2017] QCAT 311 |
| PARTIES: | Queensland College of Teachers (Applicant) |
| v | |
| Teacher QXQ (Respondent) |
| APPLICATION NUMBER: | OCR159-17 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | A/Senior Member Browne |
| DELIVERED ON: | 15 September 2017 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of Teacher QXQ 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 QXQ, the relevant student, or the relevant school. |
| CATCHWORDS: | EDUCATION – TRAINING AND REGISTRATION OF TEACHERS – suspension of teacher – where charged with serious offence – whether exceptional case – whether suspension should continue Criminal Code Act 1995 (Cth), s 474.19(1)(a)(i) |
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
Teacher QXQ has been registered in Queensland as a teacher since 2017. The Queensland College of Teachers (‘QCT’) suspended Teacher QXQ’s teachers registration on 27 July 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 using a carriage service to access child pornography material pursuant to s 474.19(1)(a)(i) of the Criminal Code Act 1995 (Cth).
In accordance with s 50(5) of the QCT Act, the QCT 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 will not be harmed if the suspension were ended.[1]
[1]QCT Act, s 53(1), 53(3).
Directions were made by the Tribunal inviting Teacher QXQ to file submissions as to why this is an exceptional case for ending the suspension of his teachers registration. No submissions have been received from Teacher QXQ.
As such, there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Teacher QXQ as a teacher. 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 before the criminal charges had been finalised.
I order that teacher QXQ’s teachers registration suspension continue.
Non-Publication order
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).
Neither the QCT nor Teacher QXQ has made any submissions concerning a non-publication order under s 66.
In this case, Teacher QXQ 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 relevant school involved in this matter to be identified.
As such, I have initiated an application under s 66 because it is not in the interests of justice for information to be published that would identify Teacher QXQ’s name, any relevant student and the relevant school. I make orders pursuant to s 66 of the QCAT Act prohibiting the publication of that information.
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