FHR v Secretary, Department of Education [2022] NSWCATAD 77

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FHR v Secretary, Department of Education [2022] NSWCATAD 77 Hearing dates: On the papers Date of orders: 09 March 2022 Decision date: 09 March 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: 1. Application dismissed for lack of jurisdiction. 2. Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act the name of the Applicant and their child the subject of the application is not to be published or disclosed. Catchwords: ADMINISTRATIVE REVIEW – jurisdiction – dismissal Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Education Act 1990 Cases Cited: White v Sutherland Shire Council [2019] NSWCATAD 100 Category: Procedural rulings Parties: FHS by his tutor FHR (Applicant) Department of Education (Respondent) Representation: Applicant: self-represented (by his tutor) Respondent: Legal Services, Department of Education File Number(s): 2021/328631 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act the name of the Applicant and their child the subject of the application is not to be published or disclosed.

REASONS FOR DECISION

Background 1. In 2021 FHS was a student at an inner west public school. On 12 May 2021 he received a 3 day suspension for "Serious acts of harassment and intimidation including the use of an implement as a weapon". His parents appealed the decision to suspend their son but the decision was upheld. That decision was, itself, reviewed and it was determined that the suspension was warranted. FHS, by his mother, FHR his tutor (the Applicant), now seeks review by this Tribunal. 2. The Respondent applied for summary dismissal of the proceedings under s 55(1)(b) of the Civil and Administrative Tribunal Act 2013 (CAT Act). The issue is whether the Tribunal has jurisdiction to conduct the administrative review the Applicant seeks. 3. The parties agreed that the matter could be determined on the papers.