Queensland College of Teachers v Teacher GK
[2015] QCAT 215
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- Unreported Judgment
- Queensland College of Teachers v Teacher GK[2015] QCAT 215
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Queensland College of Teachers v Teacher GK[2015] QCAT 215
Queensland College of Teachers v Teacher GK[2015] QCAT 215
CITATION: | Queensland College of Teachers v Teacher GK [2015] QCAT 215 |
PARTIES: | Queensland College of Teachers (Applicant) |
v | |
Teacher GK (Respondent) |
APPLICATION NUMBER: | OCR062-15 |
MATTER TYPE: | Occupational regulation matters |
HEARING DATE: | On the papers |
HEARD AT: | Brisbane |
DECISION OF: | Acting Senior Member Browne |
DELIVERED ON: | 12 June 2015 |
DELIVERED AT: | Brisbane |
ORDERS MADE: |
|
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 Criminal Law (Sexual Offences) Act 1978 (Qld) s 10 Queensland Civil and Administrative Tribunal Act 2009 (Qld) s 66 Commissioner for Children and Young People and Child Guardian v Maher & Anor [2004] QCA 492; cited Commissioner for Children and Young People & Child Guardian v FGC [2011] QCATA 291; cited RJ v QCT [2010] QCAT 153; cited |
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
- [1]On 20 April 2015 the Queensland College of Teachers (‘QCT’) suspended Teacher GK’s teacher registration 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 Rape under the Criminal Code.[1]
- [2]
- [3]Directions were made by QCAT inviting Teacher GK and the QCT to file submissions as to why this is an exceptional case in which the best interests of children would not be harmed if the suspension were to be ended. The Tribunal also directed that a decision about whether to continue the suspension will be determined on the papers unless Teacher GK or the QCT ask the Tribunal to conduct an oral hearing.[4]
- [4]The Tribunal did not receive a request from Teacher GK or the QCT to conduct an oral hearing. Teacher GK has filed a written submission. He says that this is an exceptional case. He says that the allegations made against him are false and have nothing to do with his ability as a teacher.
- [5]The QCT argue that this is not an exceptional case and submit that the suspension of Teacher GK’s teacher registration should continue.
What is an ‘exceptional case’?
- [6]The QCT Act does not define the meaning of an ‘exceptional case’. There are cases that have considered whether an ‘exceptional case’ exists in other jurisdictions. The Court of Appeal said that the Tribunal must be satisfied that there are exceptional circumstances before it ‘that takes the case outside the normal rule and thus makes it an exceptional case’.[5]
- [7]
Is this an ‘exceptional case’?
- [8]The allegations resulting in the charge of Rape is a ‘serious offence’ because it is a charge pursuant to s 349 of the Criminal Code. The particulars of the charge are also serious because it concerns allegations to expose videos and information to the complainant’s employer and other people. The particulars of the charge are contained in a letter from the QPS to the QCT and provide:
On three separate occasions between 5 December 2014 and 26 February 2015, Teacher GK has allegedly blackmailed the complainant (spouse/de facto) into having sexual intercourse with him against her will, by threatening to expose videos and information about her to her employer and others.[8]
- [9]Teacher GK says that the allegations are false and were made by his ex-fiancé when they were still living together. He says that it could take several months to obtain a court date.
- [10]Teacher GK says that his ex-fiancé (the complainant) is employed at the same college where he was teaching. He says that he is no longer teaching at the college. He says the Headmaster at the college gave him ‘the option’ to resign or ‘be fired’ within a week ‘since [his] arrest’.[9]
- [11]Teacher GK also says that because he is no longer registered he has lost his privileges to be a referee at the Rugby Union clubs on weekends. He says the allegations have nothing to do with his ability as a teacher and no children are involved ‘or in danger’ from him to teach.
- [12]In this case the nature of the allegations do not (in the particulars) identify the involvement of any children but the complainant who made the allegations is a teacher who was teaching at the same college as Teacher GK. Teacher GK says the allegations are false but that does not make this an exceptional case. He is entitled to defend the allegations resulting in the charge in the courts because they are criminal proceedings.
- [13]I have considered the written submissions filed by Teacher GK. I am not satisfied this is an ‘exceptional case’ in all of the circumstances. Teacher GK has not filed any material in support of his written submissions. He has had an opportunity to do so. As I have said the nature of the allegations resulting in the charge are serious and involved threats to expose videos and information to the complainant’s employer. Teacher GK says he was working as a teacher at the same college as the complainant.
- [14]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 GK’s teacher registration suspension continue.
Non-publication Order
- [15]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.
- [16]In this case Teacher GK has been charged but has not been committed for trial and is therefore entitled to have his identity protected. The Tribunal has the power under s 66(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) to make an order prohibiting the publication of information that may enable a person such as Teacher GK who has appeared before the Tribunal to be identified.
- [17]It is appropriate to order until further order that the Tribunal prohibit the publication of identifying information about Teacher GK and the name of the college where he was teaching before his teacher registration was suspended.
Footnotes
[1] A charge pursuant to s 349 of the Criminal Code is a ‘serious offence’ under the Education (Queensland College of Teachers) Act 2005 (Qld).
[2] In accordance with s 50(5) of the Education (Queensland College of Teachers) Act 2005 (Qld).
[3] Education (Queensland College of Teachers) Act 2005 (Qld) s 53(1) and (3).
[4] Directions made on 4 May 2015.
[5] Commissioner for Children and Young People & Child Guardian v Maher & Anor [2004] QCA 492 at [29].
[6] Commissioner for Children and Young People and Child Guardian v FGC [2011] QCATA 291 at [33].
[7] RJ v QCT [2010] QCAT 153.
[8] Affidavit of Kylie Michelle Mercer sworn 23 April 2015, Exhibit marked ‘B’.
[9] Written submissions of Teacher GK filed 1 June 2015.