Cancellation of registration
The QCT may cancel a person’s registration or permission to teach where:
- the person fails to pay the annual fee and/or fee for late payment
- the person fails to comply with a condition of provisional registration, permission to teach or a returning to teach condition
- the person is convicted for an excluding offence and an imprisonment or disqualification order is imposed
- the QCAT orders that the person’s registration or permission to teach be cancelled
Conviction for an disqualifying offence
Where an approved teacher is convicted of an disqualifying offence and the court that convicts the teacher imposes an imprisonment order or makes a disqualification order the QCT must as soon as possible after it becomes aware of the conviction, cancel the teacher’s registration or permission to teach.
The QCT must immediately notify the person of the cancellation as well the employing authority for, and the principal of, each school at which the teacher is employed.
Unless the conviction of the teacher of the disqualifying offence is not upheld on appeal the teacher can never be granted registration or permission to teach by the QCT again.
There is no appeal under the Education (Queensland College of Teachers) Act 2005 in relation to the QCT’s decision to cancel the teacher’s registration or permission to teach.
Order of the Queensland Civil and Administrative Tribunal
Conviction for a serious offence
Where a relevant teacher have been convicted of a serious offence (other than an disqualifying offence where an imprisonment or disqualification order is imposed) the QCT must refer the matter to the QCAT.
The QCAT must decide to cancel the teacher’s registration or permission to teach, unless the QCAT is satisfied it is an exceptional case in which it would not harm the best interests of children for the teacher’s registration or permission to teach to be cancelled. The QCAT may also make an order prohibiting the teacher from reapplying for registration or permission to teach for a stated period of not more than 5 years.
Decision about disciplinary action
After finishing a hearing, the QCAT must decide whether a ground for disciplinary action has been established. If a ground has been established, the QCAT may decide to take disciplinary action, including to cancel the teacher’s registration or permission to teach. The decision takes effect on the day the notice is given to the teacher or the day of effect stated in the notice.
The QCT must give effect to the QCAT’s decision. The teacher or the QCT may appeal against the decision to the District Court.
If a teacher’s registration or permission to teach is cancelled by the QCT on disciplinary grounds details about the cancellation are available on the public register.
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