Gabriel v Technical and Further Education Commission [2022] NSWCATAD 378

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gabriel v Technical and Further Education Commission [2022] NSWCATAD 378 Hearing dates: 16 November 2022 Date of orders: 16 November 2022 Decision date: 29 November 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The application is dismissed for want of jurisdiction. Catchwords: ADMINISTRATIVE LAW – jurisdiction Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Category: Principal judgment Parties: Alan Gabriel (Applicant) Technical and Further Education Commission (Respondent) Representation: Solicitors: Self-represented (Appellant) Minter Ellison (Respondent) File Number(s): 2022/00287930 Publication restriction: Nil

Reasons for Decision

Introduction 1. The Applicant, Mr Alan Gabriel, lodged an administrative review application seeking review of a decision made by an officer of the Technical and Further Education Commission ("TAFE"). The decision ("the March 2021 decision") was to exclude the Applicant from the whole or any part of a TAFE facility for a period of 60 days.

Background 1. The Applicant is a former student of TAFE. In March 2021, the Manager TAFE Services found that the Applicant had committed various breaches of TAFE's Student Conduct and Discipline Policy and the penalty imposed was exclusion from the whole or any part of a TAFE facility for a period of 60 days. The Applicant was advised that he had the right to request an internal appeal of the March 2021 decision by 29 March 2021. 2. On 29 March 2021, the Applicant notified TAFE that he disagreed with the decision and would be lodging a complaint with the Anti-Discrimination Board of New South Wales. He lodged that complaint and subsequently commenced proceedings against TAFE in the Tribunal in relation to the same allegations. Those proceedings were dismissed. 3. In September 2022, the Applicant sent an email to the Manager TAFE Services seeking an internal review of the March 2021 decision. The Manager refused the internal review request. The Applicant lodged an administrative review application commencing these proceedings.