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

Queensland College of Teachers v TRT[2017] QCAT 5

Queensland College of Teachers v TRT[2017] QCAT 5

CITATION:

Queensland College of Teachers v TRT [2017] QCAT 5

PARTIES:

Queensland College of Teachers

(Applicant)

v

Teacher TRT

(Respondent)

APPLICATION NUMBER:

OCR225-16

MATTER TYPE:

Occupational regulation matters

HEARING DATE:

On the papers

HEARD AT:

Brisbane 

DECISION OF:

Senior Member O'Callaghan

DELIVERED ON:

11 January 2017

DELIVERED AT:

Brisbane 

ORDERS MADE:

  1. The suspension of the registration of Teacher TRT as a teacher is continued.
  2. Other than to the parties to the proceeding, publication of the identity of Teacher TRT is prohibited until further order of the Tribunal.

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

Criminal Law (Sexual Offences) Act 1978 (Qld)

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]
    The Queensland College of Teachers (‘QCT’) suspended Teacher TRT’s teachers registration on 15 November 2016 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 sexual assaults pursuant to section 352(1)(a) 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 QCAT inviting Teacher TRT 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 Teacher TRT.
  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 Teacher TRT 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.
  5. [5]
    I order that Teacher TRT‘s teachers registration suspension continue. 

Non-Publication

  1. [6]
    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. Section 3(d) includes as a prescribed sexual offence any offence under s 352 of the Criminal Code (Qld).
  2. [7]
    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.
  3. [8]
    In this case Teacher TRT has not been committed for trial and is entitled to have his identity protected.
  4. [9]
    As such I have initiated an application under s 66 and think it appropriate to order until further order the Tribunal prohibit the publication of identifying information about Teacher TRT.

Footnotes

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

Close

Editorial Notes

  • Published Case Name:

    Queensland College of Teachers v TRT

  • Shortened Case Name:

    Queensland College of Teachers v TRT

  • MNC:

    [2017] QCAT 5

  • Court:

    QCAT

  • Judge(s):

    Senior Member O'Callaghan

  • Date:

    11 Jan 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.