Malek Fahd Islamic School Limited v Minister for Education and Training [2018] FCAFC 37

FEDERAL COURT OF AUSTRALIA

Malek Fahd Islamic School Limited v Minister for Education and Training [2018] FCAFC 37 Appeal from: Malek Fahd Islamic School Limited v Minister for Education and Training [2016] AATA 1087

File number: NSD 18 of 2017

Judges: PERRAM, MORTIMER & Wigney JJ

Date of judgment: 20 March 2018

Catchwords: EDUCATION – Australian Education Act 2013 (Cth) ('the Act') – Basic requirements for approval – Fit and proper to be an approved authority – Ongoing funding requirements for approved authorities – Variation or revocation of approval on Minister's own initiative – Australian Education Regulation 2013 (Cth) ('the Regulation') – Not-for-profit requirement ADMINISTRATIVE LAW – appeal from Administrative Appeals Tribunal under s 44 of Administrative Appeals Tribunal Act 1975 (Cth) – where Respondent revoked Applicant's status as approved authority due to failure to satisfy requirements for Commonwealth funding under Act – whether Tribunal erred in law by making various findings not reasonably open on evidence – whether finding available on evidence that money had been 'applied' for purpose of school or 'distributed' whether directly or indirectly to any other person within meaning of reg 26 of Regulation – whether Tribunal misconstrued s 81(2) of Act by imposing higher threshold on Applicant for variation of approval than legislation required or did not adequately reveal process of reasoning

Legislation: Constitution s 96 Administrative Appeals Tribunal Act 1975 (Cth) ss 43(1), 44 Australian Charities and Not-for-profits Commission Act 2012 (Cth) Australian Education Act 2013 (Cth) Part 6, ss 6, 14, 21, 22, 72, 73, 74, 75, 76, 77, 78, 81, 82, 130 Australian Education Regulation 2013 (Cth) regs 26, 29 Stamp Duties Act 1920 (NSW)