Queensland College of Teachers v Teacher TNC
[2015] QCAT 266
•1 July 2015
| CITATION: | Queensland College of Teachers v Teacher TNC [2015] QCAT 266 |
| PARTIES: | Queensland College of Teachers (Applicant) |
| v | |
| Teacher TNC (Respondent) |
| APPLICATION NUMBER: | OCR077-15 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | A/Senior Member Browne |
| DELIVERED ON: | 1 July 2015 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of Teacher TNC as a teacher is continued. 2. Until further order, publication is prohibited of any identifying information about the teacher the subject of this application. |
| CATCHWORDS: | Occupational regulation – suspension of teacher – whether exceptional case – whether suspension should continue Criminal Law (Sexual Offences) Act 1978 (Qld) s 10 |
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
On 11 May 2015 the Queensland College of Teachers (‘QCT’) suspended Teacher TNC’s teacher registration pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) on the grounds that he had been charged with the following serious offences[1]:
· Indecent treatment of children under 16 child under 12 years pursuant to s 210(1)(a)&(3) of the Criminal Code; and
· Possessing child exploitation material pursuant to s 228D of the Criminal Code.
[1]A charge pursuant to ss 210 and 228D of the Criminal Code are ‘serious offences’ under the Education (Queensland College of Teachers) Act 2005 (Qld).
The QCT has referred the continuation of the suspension to QCAT for review.[2] 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.[3]
[2]In accordance with s 50(5) of the Education (Queensland College of Teachers) Act 2005 (Qld).
[3]Education (Queensland College of Teachers) Act 2005 (Qld), s 53(1) and (3).
Directions were made by QCAT inviting Teacher TNC to file submissions as to why this is an exceptional case in which the best interests of children would not be harmed if the suspension were to be ended. The Tribunal also directed that a decision about whether to continue the suspension will be determined on the papers unless Teacher TNC or the QCT ask the Tribunal to conduct an oral hearing.[4]
[4]Directions made on 20 May 2015.
No submissions have been received from Teacher TNC. As such there is no evidence before me that this is an exceptional case for ending the suspension of the registration of Teacher TNC as a teacher. 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 to be ended before the criminal charges have been finalised. I order that Teacher TNC’s teacher registration suspension continue.
Non-publication order
Section 10 of the Criminal Law (Sexual Offences) Act 1978 (Qld) prohibits publication of identifying information about a person charged with certain prescribed sexual offences before the alleged offender is committed for trial or sentenced upon the charge.
In this case Teacher TNC has been charged but has not been committed for trial and is therefore entitled to have his identity protected. The Tribunal has the power under s 66(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) to make an order prohibiting the publication of information that may enable a person such as Teacher TNC who has appeared before the Tribunal to be identified.
It is appropriate to order until further order that the Tribunal prohibit the publication of identifying information about Teacher TNC.
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