Queensland College of Teachers v Wds
[2018] QCAT 119
•27 April 2018
| CITATION: | Queensland College of Teachers v WDS [2018] QCAT 119 |
| PARTIES: | Queensland College of Teachers (Applicant) |
| v | |
| WDS (Respondent) |
| APPLICATION NUMBER: | OCR058-18 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Acting Senior Member Browne |
| DELIVERED ON: | 27 April 2018 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of WDS 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 WDS, any complainant, and any 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 (Qld), s 352(1)(a) |
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
WDS has been registered in Queensland as a teacher since 1995. The Queensland College of Teachers (‘QCT’) suspended WDS’ teachers registration on 7 March 2018 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 sexual assaults, pursuant to s 352(1)(a) 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 the Tribunal inviting WDS 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 WDS.
As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of WDS 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 WDS’ teachers registration suspension continue.
Non-Publication order
Pursuant to s 66(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) 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]Section 66(3) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).
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 WDS has not been committed for trial and is entitled to have his identity protected. Further, it is not in the interest of justice for any complainant involved to be identified.
As such I have initiated an application under s 66 and think it appropriate to order until further order the Tribunal prohibit the publication of identifying information about WDS, any complainant and any relevant school.
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