Education (Queensland College of Teachers) Act 2005
sec.55QCAT’s decision about continuation of suspension
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sec.55 QCAT’s decision about continuation of suspension
After considering any submissions made by the approved teacher within the stated time under section 54 , QCAT must decide— if the review is of the suspension of an approved teacher under section 48 —whether it is an exceptional case in which the best interests of children would not be harmed if the suspension were ended; or if the review is of the suspension of an approved teacher under section 49 —whether the teacher does not pose an unacceptable risk of harm to children. QCAT must order the suspension be ended if— if the review is of the suspension of an approved teacher under section 48 —QCAT is satisfied it is an exceptional case; or if the review is of the suspension of an approved teacher under section 49 —QCAT is satisfied the teacher does not pose an unacceptable risk of harm to children. QCAT’s decision must be made not later than 14 days after the earlier of the following to happen— QCAT receives the approved teacher’s submission under section 54 ; the stated time under section 54 ends. If QCAT does not make a decision within the 14 day period under subsection (3) , QCAT is taken to have made an order ending the suspension. QCAT must, as soon as practicable, give notice of its decision to the approved teacher and the college. The notice must state each of the following— QCAT’s decision and the reasons for it; if the decision is that it is not an exceptional case or that the teacher poses an unacceptable risk to children—that the teacher may apply, within 28 days after the notice is given and as otherwise provided under the QCAT Act , to QCAT for a review of QCAT’s decision. s 55 amd 2009 No. 24 s 183 ; 2016 No. 46 s 38 (sec.55-ssec.1) After considering any submissions made by the approved teacher within the stated time under section 54 , QCAT must decide— if the review is of the suspension of an approved teacher under section 48 —whether it is an exceptional case in which the best interests of children would not be harmed if the suspension were ended; or if the review is of the suspension of an approved teacher under section 49 —whether the teacher does not pose an unacceptable risk of harm to children. (sec.55-ssec.2) QCAT must order the suspension be ended if— if the review is of the suspension of an approved teacher under section 48 —QCAT is satisfied it is an exceptional case; or if the review is of the suspension of an approved teacher under section 49 —QCAT is satisfied the teacher does not pose an unacceptable risk of harm to children. (sec.55-ssec.3) QCAT’s decision must be made not later than 14 days after the earlier of the following to happen— QCAT receives the approved teacher’s submission under section 54 ; the stated time under section 54 ends. (sec.55-ssec.4) If QCAT does not make a decision within the 14 day period under subsection (3) , QCAT is taken to have made an order ending the suspension. (sec.55-ssec.5) QCAT must, as soon as practicable, give notice of its decision to the approved teacher and the college. (sec.55-ssec.6) The notice must state each of the following— QCAT’s decision and the reasons for it; if the decision is that it is not an exceptional case or that the teacher poses an unacceptable risk to children—that the teacher may apply, within 28 days after the notice is given and as otherwise provided under the QCAT Act , to QCAT for a review of QCAT’s decision.