Queensland College of Teachers v WGS
[2014] QCAT 616
•26 November 2014
| CITATION: | Queensland College of Teachers v WGS [2014] QCAT 616 |
| PARTIES: | Queensland College of Teachers (Applicant) |
| v | |
| WGS (Respondent) |
| APPLICATION NUMBER: | OCR248-14 |
| MATTER TYPE: | Occupational regulation matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | A/Senior Member Howard |
| DELIVERED ON: | 26 November 2014 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The suspension of the registration of WGS as a teacher is continued. 2. Publication is prohibited of any identifying information about WGS 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 (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
Queensland College of Teachers suspended WGS’s teachers registration on 24 October 2014 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT’) on the grounds that he had been charged on 22 October 2014 with two counts of indecent treatment of a child under 12 years pursuant to s 210(1)(a) & (3) of the Criminal Code.
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 WGS to file submissions as to why this is an exceptional case for ending the suspension of his teachers registration. WGS’s lawyers have advised that he will not be filing any submissions at this stage.
Accordingly, there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of WGS 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.
As such I order that the suspension of WGS’s teacher registration continue.
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.
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.
WGS has not been committed for trial and is entitled to have his identity protected.
I have initiated an application under s 66 and consider it appropriate to order until further order the Tribunal prohibit the publication of identifying information about WGS.
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