Ritson v Ryan

Case [2021] QCATA 100

QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL


CITATION:

Queensland College of Teachers v Teacher QNL [2021] QCAT 100

PARTIES:

QUEENSLAND COLLEGE OF TEACHERS

(applicant)

v

TEACHER QNL

(respondent)

APPLICATION NO/S:

OCR306-20

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

Date of orders 28 January 2021

Reasons delivered 16 March 2021

HEARING DATE:

On the papers

HEARD AT:

Brisbane

DECISION OF:

Member Traves, Presiding

Member English

Member McDonnell

ORDERS:

1.   The disciplinary ground in s 92(1)(h) of the Education (Queensland College of Teachers) Act 2005 (Qld) is established.

2.   The suspension of Teacher QNL is ended.

3.   Teacher QNL is reprimanded.

4.   Subject to the exceptions in order five (5) below, other than to the parties to this proceeding and until further order of the Tribunal, publication is prohibited of any information that may identify Teacher QNL, a relevant complainant, or the relevant school.

5.   The Queensland College of Teachers may provide a copy of the decision and the reasons for the decision to:

(a)     Any relevant body conducting an investigation or disciplinary proceeding relating to the matters giving rise to the proceedings;

(b)     The chief executive of the Department of Education;

(c)     Other teaching regulatory authorities;

(d)     Any employing authority for a school;

(e) Any principal of a school who was provided with a copy of the notice of suspension under s 50(4) of the Education (Queensland College of Teachers) Act 2005 (Qld);

(f)      The Minister of Education;

(g) A relevant agency with whom the QCT has entered into an information sharing agreement under s 287 of the Education (Queensland College of Teachers) Act 2005 (Qld);

(h)     The Chief Executive of Employment Screening; and

(i)      Any other entity relevant to the teacher’s practice of the teaching profession.

CATCHWORDS:

EDUCATION – EDUCATORS – DISCIPLINARY MATTERS – GOVERNMENT INSTITUTIONS –– where teacher charged with ‘serious offence’ for the purposes of the Education (Queensland College of Teachers) Act 2005 (Qld) – where teacher’s registration was suspended – where charges were dismissed – where alleged conduct did not occur in the course of teaching – whether ground for disciplinary action exists – where appropriate sanction discussed

Education (Queensland College of Teachers) Act 2005 (Qld), s 3, s 92(1)(h), s 97, s 158, s 160, Schedule 3

Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66

Queensland College of Teachers v CMF [2016] QCAT 137

Queensland College of Teachers v DMG [2018] QCAT 194
Queensland College of Teachers v PPK [2019] QCAT 59
Queensland College of Teachers v QNL [2020] QCAT 116

Queensland College of Teachers v TSV [2015] QCAT 186

APPEARANCES & REPRESENTATION:

Applicant:

K Deo, Acting Principal Legal Officer of the Queensland College of Teachers

Respondent:

Holding Redlich

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld)

REASONS FOR DECISION

Background

  1. Teacher QNL was initially registered with the Queensland College of Teachers on 12 May 2011 and currently holds a full registration (suspended at the time of the Order). She is…

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AGLC
Ritson v Ryan [2021] QCATA 100
Case
[2021] QCATA 100
Decision Date

CaseChat Overview and Summary

Ritson v Ryan concerns a disciplinary matter involving a teacher whose registration was suspended under the Education (Queensland College of Teachers) Act 2005 (Qld). The teacher, identified as Teacher QNL, faced charges that were ultimately dismissed, but the issue of whether these charges constituted a serious offence for disciplinary purposes was the subject of the court's consideration. The Queensland College of Teachers (QCT) tribunal was tasked with determining if the alleged conduct, which did not occur during the course of teaching, could still be grounds for disciplinary action under section 92(1)(h) of the Act.

The primary legal issue before the court was whether the alleged misconduct, which took place outside of the teacher's professional duties, warranted a disciplinary response under the relevant statute. The court had to examine whether the nature and context of the alleged misconduct, despite not being in the course of teaching, could still constitute a serious offence justifying disciplinary action. Additionally, the court considered the appropriate sanctions to be imposed if the disciplinary ground was established.

In resolving these issues, the tribunal found that the disciplinary ground in section 92(1)(h) was indeed established. Despite the charges against Teacher QNL being dismissed, the tribunal concluded that the alleged conduct could still be considered a serious offence for disciplinary purposes. Consequently, the suspension of Teacher QNL's registration was terminated, and the teacher was reprimanded. The tribunal also ordered that publication of any information identifying Teacher QNL, a relevant complainant, or the school involved be prohibited, subject to certain exceptions that allow for disclosure to specified bodies and authorities related to the investigation or disciplinary process. This ruling ensures that the decision and its reasons are shared with relevant entities, facilitating informed disciplinary and investigative actions.

Orders

Orders of the court

1. The disciplinary ground in s 92(1)(h) of the Education (Queensland College of Teachers) Act 2005 (Qld) is established.

2. The suspension of Teacher QNL is ended.

3. Teacher QNL is reprimanded.

4. Subject to the exceptions in order five (5) below, other than to the parties to this proceeding and until further order of the Tribunal, publication is prohibited of any information that may identify Teacher QNL, a relevant complainant, or the relevant school.

5. The Queensland College of Teachers may provide a copy of the decision and the reasons for the decision to:

(a) Any relevant body conducting an investigation or disciplinary proceeding relating to the matters giving rise to the proceedings;

(b) The chief executive of the Department of Education;

(c) Other teaching regulatory authorities;

(d) Any employing authority for a school;

(e) Any principal of a school who was provided with a copy of the notice of suspension under s 50(4) of the Education (Queensland College of Teachers) Act 2005 (Qld);

(f) The Minister of Education;

(g) A relevant agency with whom the QCT has entered into an information sharing agreement under s 287 of the Education (Queensland College of Teachers) Act 2005 (Qld);

(h) The Chief Executive of Employment Screening; and

(i) Any other entity relevant to the teacher’s practice of the teaching profession.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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