Lawler v NSW Education Standards Authority [2023] NSWCATAD 273

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Lawler v NSW Education Standards Authority [2023] NSWCATAD 273 Hearing dates: 27 July 2023 Date of orders: 23 October 2023 Decision date: 23 October 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Montgomery, Senior Member Decision: The recommendation under review is affirmed. Catchwords: ADMINISTRATIVE LAW – Education Act – home schooling – registration – whether part-time home schooling registration permitted – whether requirements in key learning areas satisfied. Legislation Cited: Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Education Act 1990 (NSW) Cases Cited: ANC High School Pty Ltd v Board of Studies [2012] NSWADT 125 McDonald v Director-General of Social Security [1984] FCA 57; (1984) 1 FCR 354 Category: Principal judgment Parties: Kathleen Lawler (Applicant) NSW Education Standards Authority (Respondent) Representation: Counsel: D Fuller (Respondent)

Solicitors: K Gribble (Agent) (Applicant) Lander & Rogers (Respondent) File Number(s): 2023/00103250 Publication restriction: Nil

Reasons for Decision

Introduction 1. This is an application by Ms Kathleen Lawler ("the Applicant") for review of a recommendation by the NSW Education Standards Authority ("NESA"). The NESA recommendation was that the Applicant's son ("the student") not be registered for home schooling under the Education Act 1990 (NSW) ("the Act"). NESA's recommendation was made under section 107(1)(d) of the Act.