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Queensland College of Teachers v IOP[2019] QCAT 187

Queensland College of Teachers v IOP[2019] QCAT 187

 

QUEENSLAND CIVIL AND ADMINISTRATIVE TRIBUNAL

 

CITATION:

Queensland College of Teachers v IOP [2019] QCAT 187

PARTIES:

Queensland College of Teachers

 

(applicant)

 

v

 

IOP

 

(respondent)

APPLICATION NO/S:

OCR180-19

MATTER TYPE:

Occupational regulation matters

DELIVERED ON:

15 July 2019

HEARD AT:

Brisbane

DECISION OF:

Senior Member Aughterson

ORDERS:

  1. The application to continue the suspension of Teacher IOP’s teacher registration is dismissed.
  2. Other than to the parties to this proceeding, publication of any information that may identify Teacher IOP, the relevant school or any relevant student(s) or former student(s) is prohibited.
  3. Despite order 2, the Queensland College of Teachers may provide a copy of this decision and reasons to:
    1. (a)
      Any relevant body conducting an investigation or disciplinary proceedings under the Act relating to the conduct giving rise to the initial suspension pursuant to s 49 of the Act;
    2. (b)
      Any employing authority for a school or any other employer considering Teacher IOP for a teaching role or child-related employment;
    3. (c)
      Teacher IOP’s current and future health practitioners;
    4. (d)
      Other teaching regulatory authorities; and
    5. (e)
      The Chief Executive of Employment Screening.

REPRESENTATION:

 

Applicant:

Beth Houston – Acting Principal Legal officer

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. [1]
    Teacher IOP was granted teacher registration on 7 July 2015.
  2. [2]
    On 29 May 2019, the Queensland College of Teachers (‘the College’) suspended his registration pursuant to section 49 of the Education (Queensland College of Teachers) Act 2005 (Qld) (‘the Act’), on the basis that he posed an unacceptable risk of harm to children. In accordance with s 50(5) of the Act, the College referred the continuation of the suspension to the Tribunal for review.
  3. [3]
    In submissions filed on 10 July 2019, the College submitted that the suspension should be dismissed, on the basis that Teacher IOP is no longer an ‘approved teacher’ as defined in Schedule 3 of the Act. Teacher IOP’s four-year provisional registration as a teacher ended on 7 July 2019 pursuant to section 34 of the Act. An ‘approved teacher’ means a person who is a registered teacher or holds a permission to teach, while a ‘former approved teacher’ means a former registered teacher or a former holder of a permission to teach. Accordingly, since 7 July 2019 Teacher IOP has become a ‘former approved teacher’ within the meaning of the Act. The power of suspension under s 49 and the jurisdiction of the Tribunal under Part 6 Division 2 of the Act arises only in relation to an ‘approved teacher’.[1]
  4. [4]
    In the circumstances, the application should be dismissed pursuant to s 47(1)(b) of the Queensland Civil and Administrative Tribunal Act 2009 (Qld).

Non-publication order

  1. [5]
    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, or is affected by a proceeding, to be identified.
  2. [6]
    The College seeks a non-publication order in relation to the names, addresses and school of the student/former students, while Teacher IOP has sought a non-publication order in relation to his name in order to preserve his reputation. The respondent does not support that application. However, identification of the teacher is quite likely to lead to identification of the school and potentially any relevant student or former student.
  3. [7]
    I am satisfied that it would be contrary to the public interest for information to be published which would identify Teacher IOP, the relevant school or any relevant student(s) or former student(s). The non-publication order can be revisited in any subsequent disciplinary proceedings.
  4. [8]
    However, the College may provide a copy of this decision and reasons to:
    1. (a)
      Any relevant body conducting an investigation or disciplinary proceedings under the Act relating to the conduct giving rise to the initial suspension pursuant to s 49 of the Act;
    2. (b)
      Any employing authority for a school or any other employer considering IOP for a teaching role or child-related employment;
    3. (c)
      IOP’s current and future health practitioners;
    4. (d)
      Other teaching regulatory authorities; and
    5. (e)
      The Chief Executive of Employment Screening.
  1. [1]
    Subject to those qualifications, I make orders pursuant to s 66 of the QCAT Act prohibiting the publication of the information referred to above.

Footnotes

[1]See also Queensland College of Teachers v JBO [2017] QCAT (Unreported, Queensland Civil and Administrative Tribunal, 29 November 2017).

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Editorial Notes

  • Published Case Name:

    Queensland College of Teachers v IOP

  • Shortened Case Name:

    Queensland College of Teachers v IOP

  • MNC:

    [2019] QCAT 187

  • Court:

    QCAT

  • Judge(s):

    Senior Member Aughterson

  • Date:

    15 Jul 2019

Appeal Status

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

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