Queensland Judgments
Authorised Reports & Unreported Judgments
Exit Distraction Free Reading Mode
  • Unreported Judgment

Queensland College of Teachers v HJA[2017] QCAT 428

Queensland College of Teachers v HJA[2017] QCAT 428

CITATION:

Queensland College of Teachers v HJA [2017] QCAT 428

PARTIES:

Queensland College of Teachers

(Applicant)

 

v

 

HJA

(Respondent)

APPLICATION NUMBER:

OCR238-17

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane 

DECISION OF:

Member Cranwell

DELIVERED ON:

29 November 2017

DELIVERED AT:

Brisbane 

ORDERS MADE:

  1. The suspension of the registration of HJA as a teacher is continued.
  2. Other than to the parties to this proceeding and until further order of the Tribunal, publication is prohibited of any information which may identify HJA, the relevant student, or the relevant school.

CATCHWORDS:

EDUCATION – TRAINING AND REGISTRATION OF TEACHERS – suspension of teacher – where charged with serious offence – whether exceptional case – whether suspension should continue

Education (Queensland College of Teachers) Act 2005 (Qld), s 48, s 53, s 54, s 55

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

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. [1]
    HJA has been registered in Queensland as a teacher since 1990. The Queensland College of Teachers (‘QCT’) suspended HJA’s registration on 19 October 2017 pursuant to s 48 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘QCT Act’) on the grounds that she had been charged with “indecent treatment of a child under 16 lineal descendant/guardian/carer pursuant to section 210(1)(a) & (4) of the Criminal Code (Qld)”.
  2. [2]
    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]
  3. [3]
    Directions were made by the Tribunal inviting HJA to file submissions as to why this is an exceptional case for ending the suspension of her teachers registration. HJA has indicated through her legal representative that she does not intend to make any submission as to why the matter is an exceptional case.
  4. [4]
    As such, there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of HJA as a teacher.  I am therefore 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.
  5. [5]
    I order that teacher HJA’s teachers registration suspension continue. 

Non-Publication order

  1. [6]
    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. The Tribunal may do so on the application of a party or on its own initiative.[2]
  2. [7]
    HJA has submitted that a non-publication order is in the circumstances in the interests of justice. She submits that, as a brief of evidence has not yet been prepared and disclosed, no party is in a position to suggest a prima facie case exists in relation to the charges, and therefore it would be premature to identify her. She also submits that identifying her, the school or the small community in which the school operates would tend to identify the complainant.
  3. [8]
    I am satisfied that it would be contrary to the public interest for information to be published which would identify the relevant school and any students. There is a possibility that the publication of HJA’s name would lead to the identification of the relevant student. This aspect of the non-publication order can be revisited in any subsequent disciplinary proceedings.
  4. [9]
    I make orders pursuant to s 66 of the QCAT Act prohibiting the publication of that information.

Footnotes

[1] Section 53(1) and (3) of the Education (Queensland College of Teachers) Act 2005 (Qld).

[2] Section 66(3) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

Close

Editorial Notes

  • Published Case Name:

    Queensland College of Teachers v HJA

  • Shortened Case Name:

    Queensland College of Teachers v HJA

  • MNC:

    [2017] QCAT 428

  • Court:

    QCAT

  • Judge(s):

    Member Cranwell

  • Date:

    29 Nov 2017

Appeal Status

Please note, appeal data is presently unavailable for this judgment. This judgment may have been the subject of an appeal.

Require Technical Assistance?

Message sent!

Thanks for reaching out! Someone from our team will get back to you soon.

Message not sent!

Something went wrong. Please try again.