Queensland College of Teachers v TRT

Case [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. 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. 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]

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

  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. 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. I order that Teacher TRT‘s teachers registration suspension continue. 

Non-Publication

  1. 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. 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. In this case Teacher TRT has not been committed for trial and is entitled to have his identity protected.

  4. 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.


Details
AGLC
Queensland College of Teachers v TRT [2017] QCAT 5
Case
[2017] QCAT 5
Decision Date

CaseChat Overview and Summary

In the matter of Queensland College of Teachers v TRT, the respondent, a registered teacher, faced allegations of serious professional misconduct. The dispute centred on the respondent's conduct, which prompted the College to suspend the respondent's registration pending a final determination. The Tribunal, established under the Queensland law governing teacher registration, was tasked with assessing whether the respondent's suspension should continue, considering the nature of the allegations and the evidence presented.

The key legal issues before the Tribunal were whether the respondent's suspension should be maintained, given the seriousness of the charges against them, and whether the case was exceptional enough to warrant a departure from standard procedures. The Tribunal had to balance the respondent's right to procedural fairness and the potential risk to students if the respondent remained registered.

In its decision, the Tribunal found that the allegations against the respondent were indeed serious and warranted a cautious approach. The evidence presented demonstrated a substantial risk to students if the respondent were to remain registered. The Tribunal concluded that continuing the suspension was necessary to protect the interests of the students and the integrity of the teaching profession. Furthermore, the Tribunal noted that the respondent had not demonstrated any exceptional circumstances that would warrant a reconsideration of the suspension.

Consequently, the Tribunal ordered the continued suspension of the respondent's registration. Additionally, the Tribunal prohibited the publication of the respondent's identity, except to the parties involved in the proceedings, until further order of the Tribunal.

Orders

Orders of the court

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.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.