Queensland College of Teachers v Teacher XYZ

[2011] QCAT 620

CITATION: Queensland College of Teachers v Teacher XYZ [2011] QCAT 620

PARTIES:	Queensland College of Teachers
v
XYZ

APPLICATION NUMBER:   OCR215-11

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: C Endicott, Senior Member 

DELIVERED ON: 17 November 2011

DELIVERED AT: Brisbane

ORDERS MADE:     

1.   The suspension of the registration of XYZ as a teacher is continued.

2.   Publication is prohibited of any identifying information about the teacher the subject of this application until further order.

CATCHWORDS:

OCCUPATIONAL REGULATION – SUSPENSION OF TEACHER – whether exceptional case – whether suspension should continue

Education (Queensland College of Teachers) Act 2005, ss 48, 53, 54, 55
Criminal Law (Sexual Offences) Act 1978
Queensland Civil and Administrative Tribunal Act 2009, s 66

APPEARANCES and REPRESENTATION (if any):

This proceeding was heard on the papers pursuant to section 32 of the Queensland Civil and Administrative Tribunal Act 2009.

REASONS FOR DECISION

1. XYZ, a registered teacher, has been charged with criminal offences in which it is alleged that between 1 January 1990 and 31 December 1997 he engaged in sexual contact with two students. As a result of these charges, the Queensland College of Teachers suspended his teacher’s registration in accordance with section 48 of the Education (Queensland College of Teachers) Act 2005.

2. QCT has referred the continuation of the suspension of the registration of XYZ as a teacher to QCAT for review under section 50(5) of that Act.  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]Subsections 1 and 3 of section 53 of the Education (Queensland College of Teachers) Act 2005.

3. Directions were made by QCAT and sent to XYZ inviting him to file submissions as to why this is an exceptional case for ending the suspension of his teacher’s registration in terms of section 53. No submissions have been filed by XYZ and no contact has been made by XYZ with QCAT.

4. There is no information or evidence before the tribunal which satisfies me that this is an exceptional case for ending the suspension of the registration of XYZ as a teacher.  I order that the suspension of his teacher’s registration continue.

5. Section 10 of the Criminal Law (Sexual Offences) Act 1978 prohibits publication of identifying information about a person charged with certain prescribed sexual offences before the alleged offender is committed for trial or sentence on the charge.  While publication in these reasons of identifying information about XYZ may not be directly prohibited by that Act, such publication in my view would tend to be inconsistent with the statutory intention to provide some limited protection to persons charged with certain criminal offences before the person is committed for trial. 

6. I have initiated a non publication application under section 66 of the Queensland Civil and Administrative Tribunal Act 2009.

7. I am satisfied that it is in the interests of justice that an order should be made prohibiting the publication of any identifying information about XYZ until further order.  The benefit of protection against publication of identifying information should be extended to XYZ while the suspension of his teacher’s registration is in force.