FTM v Secretary, Department of Education [2023] NSWCATOD 40

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: FTM v Secretary, Department of Education [2023] NSWCATOD 40 Hearing dates: 6 December 2022 Date of orders: 31 March 2023 Decision date: 31 March 2023 Jurisdiction: Occupational Division Before: J Gatland, Senior Member Decision: 1. The application for review is dismissed pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 55(1)(b). 2. Disclosure of the name of the applicant and the names of the students, staff and schools at which the applicant worked at the time of the allegations should be prohibited pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(a). 3. Access to documents lodged with the Tribunal that disclose the name of the applicant and the names of the students, staff and schools at which the applicant worked at the time of the allegations is restricted to the parties, and the publication of those documents is prohibited pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(c). Catchwords: ADMINISTRATIVE LAW — Reviewability — Jurisdiction — no identified enabling legislation – dismissal Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2014 (NSW) Education Standards Authority Act 2013 (NSW) Teacher Accreditation Act 2004 (NSW) Teaching Service Act 1980 (NSW) Cases Cited: Fox v Commissioner of Police, NSW [2016] NSWCATAD 77 White v Sutherland Shire Council [2019] NSWCATAD 100 Texts Cited: Nil Category: Principal judgment Parties: FTM (Applicant) Secretary, NSW Department of Education (Respondent) Representation: Solicitors: Applicant (Self-represented) Crown Solicitor (Respondent) File Number(s): 2022/00297610 Publication restriction: Disclosure of the name of the applicant and the names of the students, staff and schools at which the applicant worked at the time of the allegations should be prohibited pursuant to the Civil and Administrative Tribunal Act 2013 (NSW), s 64(1)(a