Queensland College of Teachers v Weir

[2016] QCAT 403

CITATION: Queensland College of Teachers v Weir [2016] QCAT 403

PARTIES:	Queensland College of Teachers (Applicant)
v
Craig Robert Weir (Respondent)

APPLICATION NUMBER: OCR130-16

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Senior Member O’Callaghan

DELIVERED ON: 27 October 2016

DELIVERED AT: Brisbane

ORDERS MADE: 1.    The suspension of the registration of Craig Robert Weir as a teacher is continued.

CATCHWORDS:

EDUCATION – TRAINING AND REGISTRATION OF TEACHERS – suspension of teacher – 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

1. Queensland College of Teachers suspended Craig Robert Weir’s teachers registration on 18 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 indecent treatment of a child – take photograph under section 210(1)(f) of the Criminal Code (Qld), and possess child exploitation material under section 228D of the Criminal Code (Qld).

2. 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).

3. Directions were made by QCAT inviting Mr Weir 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 Weir.

4. As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Mr Weir 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.

5. As such I order that teacher Craig Robert Weir’s teacher registration suspension continue.