Queensland Numbered Acts

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EDUCATION (QUEENSLAND COLLEGE OF TEACHERS) ACT 2005 No. 47 - SECT 89

89 Refusal to deal with complaint

(1) The college may refuse to deal with a complaint if the college reasonably believes--

(a) the complaint, if proved, would not establish a ground for disciplinary action against the person who is the subject of the complaint; or
(b) the complaint is trivial, unreasonable or without substance; or
(c) the complaint concerns frivolous matter or was made vexatiously; or
(d) the complaint is based on an allegation that could more appropriately be dealt with by another entity; or
(e) the complaint is based on an allegation that has already been adequately dealt with by the college or another entity; or
(f) having regard to the length of time that has elapsed since the matter complained of happened, it is not practicable for the college to deal with the complaint.

(2) Also, the college may refuse to deal with the complaint if the complainant refuses, without a reasonable excuse, to--

(a) provide further information reasonably required by the college to decide whether to deal with the complaint; or
(b) comply with a requirement of the college under section 88(2).

(3) The college may not refuse to deal with a complaint under subsection (1)(f) if--

(a) the person who is the subject of the complaint is an approved teacher; and
(b) the college reasonably believes the complaint is based on an allegation that, if proved, would establish a ground for suspending or cancelling the person's registration or permission to teach under chapter 2, part 6.11

(4) If the college refuses to deal with a complaint, the college must--

(a) as soon as practicable, give notice of its decision to the complainant; and
(b) keep a record about the complaint and the college's refusal to deal with the complaint.

(5) A disciplinary committee may, for the purpose of taking disciplinary action against the person who is the subject of the complaint, have regard to the making of a complaint about the person, even if the college refuses to deal with the complaint.



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