Queensland College of Teachers v Teacher RN
[2018] QCAT 390
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- Unreported Judgment
- Queensland College of Teachers v Teacher RN[2018] QCAT 390
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Queensland College of Teachers v Teacher RN[2018] QCAT 390
Queensland College of Teachers v Teacher RN[2018] QCAT 390
QUEENSLAND CIVIL AND
ADMINISTRATIVE TRIBUNAL
CITATION: | Queensland College of Teachers v Teacher RN [2018] QCAT 390 |
PARTIES: | QUEENSLAND COLLEGE OF TEACHERS (applicant) |
| v |
| TEACHER RN (respondent) |
APPLICATION NO/S: | OCR264-18 |
MATTER TYPE: | Occupational regulation matters |
DELIVERED ON: | 20 November 2018 |
HEARING DATE: | On the papers |
HEARD AT: | Brisbane |
DECISION OF: | Senior Member Aughterson |
ORDERS: |
|
CATCHWORDS: | EDUCATION – TRAINING AND REGISTRATION OF TEACHERS – Suspension of teacher – where Queensland College of Teachers suspended the teacher’s registration on the basis of its belief that the teacher poses an unacceptable risk of harm to children – whether the teacher does not pose an unacceptable risk of harm – whether suspension should continue Education (Queensland College of Teachers) Act 2005 (Qld), s 49, s 50(5), s 53, s 54(1)(b), s 55(6) Queensland Civil and Administrative Tribunal Act 2009 (Qld), s 66 Briginshaw v Briginshaw (1938) 60 CLR 336 M v M (1988) 166 CLR 69 Queensland College of Teachers v Teacher CXJ [2016] QCAT 511 Queensland College of Teachers v Teacher GXM [2016] QCAT 441 Queensland College of Teachers v LDW [2017] QCAT 048 |
REPRESENTATION: |
|
Applicant: | A H Braban, Executive Manager, Legal employed by the Queensland College of Teachers |
Respondent: | Self-represented |
APPEARANCES: |
|
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (Qld). | |
REASONS FOR DECISION
- [1]Teacher RN has been registered in Queensland as a teacher since 2005. On 26 September 2018, the Queensland College of Teachers (‘the College’) suspended her registration pursuant to s 49 of Education (Queensland College of Teachers) Act 2005 (Qld) (‘the Act’).
The Legislative Framework
- [2]By s 49 of the Act, the College may suspend a teacher’s registration if it reasonably believes the teacher poses an unacceptable risk of harm to children. By s 50(1), the College must give notice of the suspension to the teacher, which notice includes a statement that the Tribunal will review the continuation of the suspension to decide whether the teacher poses an unacceptable risk of harm to children.[1]
- [3]In accordance with s 50(5) of the Act, the College has referred the continuation of the suspension to QCAT for review and seeks an order that the suspension continue. By s 53(1) the Tribunal must decide whether to continue the suspension, while s 53(3) requires the Tribunal to continue the suspension unless satisfied that the teacher does not pose an unacceptable risk of harm to children.
- [4]As required by the Act, directions were made by the Tribunal inviting submissions from Teacher RN as to why she does not pose an unacceptable risk of harm to children. No submissions have been received from Teacher RN.
What is an unacceptable risk of harm to children?
- [5]While the Act does not define the term “unacceptable risk of harm”, the meaning of ‘harm’ is provided in s 7 of the Act:
7 Meaning of harm
- (1)Harm, to a child, is any detrimental effect of a significant nature on the child’s physical, psychological or emotional wellbeing.
- (2)It is immaterial how the harm is caused.
- (3)Harm can be caused by—
- (a)physical, psychological or emotional abuse or neglect; or
- (b)sexual abuse or exploitation.
- (4)Harm can be caused by—
- (a)a single act, omission or circumstance; or
- (b)a series or combination of acts, omissions or circumstances.
- [6]
The Court in that case formulated the issue as ensuring the protection of a child from ‘unacceptable risk of abuse’. The College submits, and I accept, that this formulation directs the Tribunal to an assessment of the ‘chances’ of the risk occurring and the magnitude of potential harm if it did occur, and requires a balancing exercise of advantages and detriments.[4]
By the terms of s 53(3)(b) of the Act, it is not required that the Tribunal be satisfied that there is an unacceptable risk of harm.[5] Rather the sub-section is cast in negative terms. The Tribunal must decide to continue the suspension unless satisfied that the teacher does not pose an unacceptable risk of harm to children.
The grounds of Teacher RN’s suspension
- [7]The notice of suspension set out the College’s reasons for forming the view that Teacher RN posed an unacceptable risk of harm to children. The College’s reasons may be summarised as follows:
- Teacher RN collapsed at the school at which she was working and was transported to hospital, in a confused conscious state, where a toxicology screen indicated significant alcohol presence;
- The hospital notes indicate poor ‘judgment’ and poor ‘insight’;
- Hospital notes also indicate that Teacher RN informed hospital staff that while undertaking relief teaching she went home at lunch time to take a Valium and drink alcohol before returning to work;
- The hospital notes further indicate a long history of alcohol withdrawals/intoxication/poisoning and increasing incidences of intoxication with blackouts and unresponsiveness;
- In the circumstances, the College could not be satisfied that Teacher RN would be able to undertake teaching duties, manage classroom activities and maintain a safe learning environment.
- [8]The College filed the material on which the decision was based, namely:
- Emails and letters;
- Hospital Examination Authority notes, Progress Notes and a Risk Screening report
Conclusion
- [9]On the material before me, I am not satisfied that the Teacher RN does not pose an unacceptable risk of harm to children. I therefore order that the suspension of Teacher RN’s registration as a teacher is to continue.
- [10]I note that under s 55(6) of the Act, Teacher RN may apply within 28 days of the notice of this decision to QCAT for review of this decision. She may at that point provide any additional material which may support a submission that she does not pose an unacceptable risk of harm to children.
Non-publication order
- [11]Pursuant to s 66(1)(c) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld) the Tribunal may 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.[6]
- [12]The College has expressed the view that it is not in the interests of justice for Teacher RN’s name to be published as this may adversely impact her mental and physical health.
- [13]I am satisfied that it would be contrary to the public interest for information to be published which would identify Teacher RN or the relevant school. This non-publication order can be revisited in any subsequent disciplinary proceedings.
- [14]I make orders pursuant to s 66 of the QCAT Act prohibiting the publication of that information.
Footnotes
[1] The Act, s 50(3)(c). The ‘review’ is conducted in the original jurisdiction of the Tribunal: see s 53(2) of the Act.
[2] Queensland College of Teachers v LDW [2017] QCAT 048 [10]-[11].
[3] (1988) 166 CLR 69.
[4] [2017] QCAT 48 (citations omitted).
[5] See also s 55(1)(b) of the Act.
[6] Section 66(3) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).