Queensland College of Teachers v Burrows
[2015] QCAT 78
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- Unreported Judgment
- Queensland College of Teachers v Burrows[2015] QCAT 78
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Queensland College of Teachers v Burrows[2015] QCAT 78
Queensland College of Teachers v Burrows[2015] QCAT 78
CITATION: | Queensland College of Teachers v Burrows [2015] QCAT 78 |
PARTIES: | Queensland College of Teachers (Applicant) |
v | |
Raymond John Burrows (Respondent) |
APPLICATION NUMBER: | OCR153-14 |
MATTER TYPE: | Occupational regulation matters |
HEARING DATE: | On the papers |
HEARD AT: | Brisbane |
DECISION OF: | Acting Senior Member Howard, Presiding Member Senior Member O'Callaghan Member Lindgren |
DELIVERED ON: | 12 March 2015 |
DELIVERED AT: | Brisbane |
ORDERS MADE: |
|
CATCHWORDS: | DISCIPLINARY ACTION – TEACHER – APPLICATION FOR LEAVE TO WITHDRAW REFERRAL – where teacher disputes all material allegations relied upon in the disciplinary referral – where teacher does not hold registration and undertakes not to seek re-registration at any time in the future – where teacher consents to disclosure of undertaking –whether purposes and objects of disciplinary action can be achieved without contested hearing Education (Queensland College of Teachers) Act 2005 (Qld), s 3, s 97 Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 6, s 7, s 46, s 66 Queensland College of Teachers v A Teacher [2011] QCAT 329 Queensland College of Teachers v Benson [2011] QCAT 129 |
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]Mr Burrows, a teacher, was charged with a number of criminal offences, namely intent to commit an indictable offence by administering a stupefying liquid; carnal knowledge against the order of nature under care; intent to commit and indictable offence by administering a stupefying pill; and unlawfully and indecently dealing with a child under the age of 16 years in care. The complainants were aged 10 to 12 years at the relevant time.
- [2]The Queensland College of Teachers (‘QCT’) was notified of the charges. It formed the belief that the grounds for disciplinary action existed against Mr Burrows, namely that he is not suitable to teach. QCT suspended Mr Burrows’ teacher registration pursuant to the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT Act’). As required by the QCT Act, QCT referred the matter for disciplinary action to the Tribunal.
- [3]The criminal charges arose against the respondent as a result of allegations against him concerning conduct that allegedly occurred approximately 26 years ago. In essence, these disciplinary proceedings concern related allegations including engaging in anal intercourse with a student who is under the age of 16 years; touching the penis of a student under the age of 16 years and administering a drug to students.
- [4]Subsequently, Mr Burrows was found not guilty of the first two charges and charges 3 and 4 were discharged as a result of a nolle prosequi.
- [5]Under s 97(4) of the QCT Act, if a disciplinary matter is referred to QCAT, QCAT must conduct a hearing and make decisions about the disciplinary matter referred to it having regard to the information provided by the QCT. Section 46(1) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) (‘QCAT Act’) provides for withdrawal of an application or referral before a matter is heard or decided.
- [6]The QCT submits that the matter has yet to be heard and decided and that it may therefore withdraw the referral. The QCT Act does not define the meaning of ‘hearing’ in s 97(4)(b). QCT submits that it should be interpreted to include a hearing about an application seeking leave to withdraw a matter under s 46(1) of the QCAT Act. Such an interpretation, it says, is consistent with the objects of the QCT Act. These objects include upholding standards in the teaching profession; maintaining public confidence in the teaching profession; and protecting the public.[1] Further, QCT submits that it is in the public interest to ensure that matters are dealt with in a cost effective and expeditious manner, and without unnecessary burden on complainants.
- [7]The QCT submits that leave should be granted for it to withdraw it’s referral for a number of reasons. Firstly, Mr Burrows does not hold a current teacher registration and cannot be employed as a teacher. Further, Mr Burrows has provided an undertaking to QCT that he will never again apply for teacher registration, permission to teach or otherwise seek teacher accreditation in Australia or New Zealand. The undertaking also contains an agreement and the consent of Mr Burrows that the QCT may use the information in the referral for purposes relating to teacher registration and/or in the performance of its statutory functions and maybe disclosed by QCT to other teacher regulatory and accreditation agencies whether in Australia, New Zealand or elsewhere.
- [8]The Tribunal had already (before the application for leave for withdrawal was filed) listed the matter for a two day hearing in Rockhampton on a contested basis in May 2015. The witnesses relied upon by QCT have previously been required to provide statements and give evidence in the criminal matter. The QCT submits that requiring them to appear and give evidence in this matter would be a considerable emotional burden on them, as well as a significant cost burden on both Mr Burrows and the QCT. The QCT says the matter should be dealt with in a timely and effective manner by the Tribunal allowing its application for withdrawal.
- [9]Mr Burrows supports the QCAT’s application for leave to withdraw the disciplinary referral which he submits will bring the proceedings to an appropriate, cost effective and expeditious conclusion.
- [10]Both the referral and the application for leave to withdraw are listed before us.
- [11]The Tribunal has previously allowed withdrawal in respect of referrals from QCT in circumstances where the QCT no longer believed a ground for disciplinary action existed[2] and in circumstances where the teacher had been convicted of serious offences and therefore became an excluded person under the QCT Act and accordingly unable to be registered.[3] However, s 46 of the QCAT Act has been amended since those proceedings were decided.
- [12]Under s 6(7) and s 7 of the QCAT Act, an enabling Act (in this case, the QCT Act) may add to requirements/provisions of the QCAT Act. When it does so, the modifying provision prevails to the extent of any inconsistency.[4] The QCAT Act must be read with any necessary changes.[5] There is an apparent inconsistency between the requirements of s 97(4) of the QCT Act and s 46 of the QCAT Act. We conclude that s 46(1) has been modified by the QCT Act, such that a referral for disciplinary action cannot be withdrawn by QCT simply filing a withdrawal notice. We interpret the modified s 46 as requiring that the Tribunal’s leave (which may or may not be granted in the exercise of the Tribunal’s discretion) is required before the disciplinary referral may be withdrawn.
- [13]We accept the QCT’s submission that the QCT Act is not specific as to the nature of the hearing which must be held by the Tribunal following a referral to it from the QCT. There is no statutory requirement about the nature of the hearing. We are satisfied that the hearing of the application for leave to withdraw the disciplinary referral (which is also before us) constitutes a hearing as required by s 97(4) of the QCT Act.
- [14]It is in the interests of the public to deal with proceedings in an expeditious and costs effective manner. In this instance, we are satisfied that in light of the undertaking and consent given by Mr Burrows, standards of the teaching profession, public confidence in the teaching profession and protection of the public can be ensured if a withdrawal is allowed without the need for an oral hearing of all contested issues.
- [15]In the circumstances of the matter, we are satisfied that it is appropriate to grant leave for the matter to be withdrawn by the QCT.
- [16]We make orders accordingly.
- [17]Finally, the material before the Tribunal contains the names and other identifying information concerning the complainant (former) students. We consider that it not in the interests of justice for details about them to be publicly available in these proceedings. Pursuant to s 66 of the QCAT Act, we make orders prohibiting publication of their names, addresses, (former) schools and any other identifying information.