Boxx v Aquilina [2000] NSWSC 166

New South Wales Supreme Court

CITATION : Boxx v Aquilina [2000] NSWSC 166 CURRENT JURISDICTION: Common Law Division Administrative Law List FILE NUMBER(S) : SC 30006/2000 HEARING DATE(S) : 10 March 2000 JUDGMENT DATE : 15 March 2000

PARTIES : Julia Boxx (Plaintiff) John Aquilina MP (Defendant) JUDGMENT OF : Dunford J

COUNSEL : RPL Lancaster (Defendant) SOLICITORS : Plaintiff in person IV Knight Crown Solicitor (Defendant) Education Act 1990, ss 71 & 72 LEGISLATION CITED : Administrative Decisions Tribunal Act 1997 Supreme Court Act 1970, s 63 DECISION : Summons dismissed.

THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION ADMINISTRATIVE LAW LIST DUNFORD J WEDNESDAY 15 MARCH 2000 30006/00 - Julia BOXX -v- John AQUILINA - Minister for Education and Training JUDGMENT 1 HIS HONOUR: These proceedings concern the registration of the plaintiff's six children for home schooling under Pt 7 Div 6 of the Education Act 1990 (the Act). 2 Sections 71 and 72(1) and (2) are as follows: 71 (1) A parent of a child may apply in writing to the Minister for registration of the child for home schooling. (2) As soon as practicable after such an application is made, the Minister is to obtain advice on the application from an authorised person. (3) The authorised person is to notify the applicant in writing of a recommendation to the Minister that the application be refused.

72 (1) As soon as practicable after receiving the recommendation of an authorised person about an application for registration of a child for home schooling, the Minister: (a) is to register the child in a Register kept by the Minister for the purpose, or (b) is to refuse to register the child. (2) The Minister is to register the child if the Minister, having regard to: (a) the recommendation of the authorised person about the application, and (b) any decision of the Tribunal on an application for a review of the authorised person's recommendation, is satisfied that the conditions subject to which registration is required to be given will be complied with.