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- Unreported Judgment
Queensland College of Teachers v Stephens  QCAT 71
Queensland College of Teachers
Bevan Allan Stephens
Occupational regulation matters
On the papers
Senior Member O’Callaghan
3 May 2016
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
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 Bevan Allan Stephens’ teachers registration on 11 March 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 six offences of possessing child exploitation material under the provisions of the Criminal Code s 228D and an offence of using a carriage service to access child pornography material under the provisions of the Criminal Code (Cth) s 474.
- 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.
- Directions were made by QCAT inviting Bevan Allan Stephens 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 Bevan Allan Stephens.
- As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Bevan Allan Stephens 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 teacher Bevan Allan Stephens’ teacher registration suspension continue.
 Section 53(1) and (3) of the Education (Queensland College of Teachers) Act 2005 (Qld).
- Published Case Name:
Queensland College of Teachers v Bevan Allan Stephens
- Shortened Case Name:
Queensland College of Teachers v Stephens
 QCAT 71
Senior Member O'Callaghan
03 May 2016