Sargent v NSW Education Standards Authority [2024] NSWCATAD 270

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sargent v NSW Education Standards Authority [2024] NSWCATAD 270 Hearing dates: 05 August 2024 Date of orders: 06 September 2024 Decision date: 06 September 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J. Redfern PSM, Senior Member Decision: The Respondent's decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – teacher accreditation – application by teacher returning to the profession – criminal convictions – Community Correction Order – suitability assessment – application for reaccreditation refused Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Education Standards Authority Act 2013 (NSW) Teacher Accreditation Act 2004 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond [1990] HCA 33: (1990) 170 CLR 321 Lavers v NSW Education Standards Authority [2023] NSWCATAD 170 Texts Cited: Nil Category: Principal judgment Parties: Brett Sargent (Applicant) NSW Education Standards Authority (Respondent) Representation: Applicant (self-represented)

Counsel J. McLeod (Respondent) Solicitors Lander & Rodgers (Respondent) File Number(s): 2024/00181793 Publication restriction: Nil

REASONS FOR DECISION

Introduction 1. The applicant, Mr Brett Sergeant, applied for provisional reaccreditation as a teacher on 6 March 2024. He was originally accredited as a teacher in 2008 but decided to leave the profession in 2014 to pursue a business opportunity, operating a family business with his wife. His accreditation was revoked by the respondent in 2021 for non-payment of accreditation fees. 2. On 15 November 2023, Mr Sargent was convicted of three driving related offences, namely, two counts of driving with a middle range prescribed content of alcohol (PCA) and a third charge of driving while being suspended. Mr Sargent was convicted of all three charges and was sentence to a 12-month Community Correction Order which will expire on 14 November 2024. 3. The respondent refused Mr Sargent's reaccreditation on 4 April 2024, taking into account his convictions. He sought internal review of the decision but was unsuccessful. Mr Sargent now seeks administrative review of this decision to the Tribunal. In determining the review, the Tribunal must make the correct and preferable decision having regard to the material available at the time of the decision (s 63 of the Administrative Decisions Review Act 1997 (NSW)) 4. I have decided to affirm decision under review. My reasons follow.