Queensland College of Teachers v Bernat

[2013] QCAT 410

CITATION: Queensland College of Teachers v Bernat [2013] QCAT 410

PARTIES:	Queensland College of Teachers (Applicant)
v
Stanislav George Bernat (Respondent)

APPLICATION NUMBER: OCR155-13

MATTER TYPE: Occupational regulation matters

HEARING DATE: On the papers

HEARD AT: Brisbane

DECISION OF: Kerrie O'Callaghan, Senior Member

DELIVERED ON: 5 August 2013

DELIVERED AT: Brisbane

ORDERS MADE: 1.     The suspension of the registration of Stanislav Geroge Bernat as a teacher is continued.

CATCHWORDS:

Occupational regulation – suspension of teacher – whether exceptional case – whether suspension should continue

Education (Queensland College of Teachers) Act 2005 ss 48, 53, 54, 55

APPEARANCES and REPRESENTATION (if any):

This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).

REASONS FOR DECISION

1. Queensland College of Teachers suspended Stanislav Geroge Bernat’s teachers registration on 12 June 2013 pursuant to section 48 of the Education (Queensland College of Teachers) Act 2005 on the grounds that he had been charged with indecent treatment of children under 16 linear descendent/guardian/carer under the provisions of the Criminal Code s210(1)(a) and (4).

2. In accordance with section 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

3. Directions were made by QCAT inviting Stanislav Geroge Bernat 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 Stanislav Geroge Bernat.

4. As such there is no evidence before the Tribunal that this is an exceptional case for ending the suspension of the registration of Stanislav Geroge Bernat 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. As such I order that teacher Stanislav Geroge Bernat’s teacher registration suspension continue.