Queensland College of Teachers v Van Zyl
[2016] QCAT 405
•24 October 2016
| CITATION: | Queensland College of Teachers v Van Zyl [2016] QCAT 405 |
| PARTIES: | Queensland College of Teachers (Applicant) |
| v | |
| Johannes Lodevicus Van Zyl (Respondent) |
| APPLICATION NUMBER: | OCR145-16 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Senior Member O’Callaghan |
| DELIVERED ON: | 24 October 2016 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of Johannes Lodevicus Van Zyl as a teacher is continued. |
| CATCHWORDS: | PROFESSIONS AND TRADES – suspension of teacher – where charged with a serious offence – whether exceptional case – whether suspension should continue Education (Queensland College of Teachers) Act 2005 (Qld), s 48, s 53, s 54, s 55 |
APPEARANCES and REPRESENTATION (if any):
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
The Queensland College of Teachers suspended Johannes Lodevicus Van Zyl’s teachers registration on 29 August 2016 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT’) on the grounds that he had been charged with possessing child exploitation material pursuant to section 228D of the Criminal Code (Qld).
In accordance with s 50(5) 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]Section 53(1) and (3) of the Education (Queensland College of Teachers) Act 2005 (Qld).
Directions were made by QCAT inviting Mr Van Zyl 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 Mr Van Zyl.
As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Mr Van Zyl 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 had been finalised.
I order that teacher Johannes Lodevicus Van Zyl’s teachers registration suspension continue.
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