ANC High School Pty Ltd v The Board of Studies [2012] NSWADT 125

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: ANC High School Pty Ltd v The Board of Studies [2012] NSWADT 125 Hearing dates: 2, 3, 9 & 10 May 2012 Decision date: 29 June 2012 Before: Magistrate N Hennessy, Deputy President A Rice, Non-judicial Member Decision: 1. Instead of the Board of Studies' recommendation to the Minister for Education that ANC High School Pty Ltd's registration as a non-government school be cancelled, the Tribunal makes the following recommendation: That the period of renewal of registration for ANC High School Pty Ltd be reduced so that it expires on 31 December 2012. 2. Subject to order 1, the Tribunal recommends that, instead of the Board of Studies' recommendation to the Minister of Education that ANC High School Pty Ltd's accreditation be cancelled: The period of renewal of accreditation for ANC High School Pty Ltd be reduced so that it expires on 31 December 2012. Catchwords: MERITS REVIEW - decision of the Board of Studies to cancel registration and accreditation of high school - whether alleged non-compliances relating to register of enrolments and attendances constitute requirements for registration - whether non-compliances justify cancellation of registration or accreditation Legislation Cited: Administrative Decisions Tribunal Act 1997 Children and Young Persons (Care and Protection) Act 1998 Commission for Children and Young People Act 1998 Education (General Provisions) Act 1989 (Qld) Education Act 1990 Education Services for Overseas Students Act 2000 (Cth) Evidence Act 1995 Ombudsman Act 1974 Cases Cited: Calvin v Carr [1979] 1 NSWLR 1 Casarotto v Australian Postal Commission (1989) 10 AAR 191; 17 ALD 321; [1989] FCA 116 Cooper Brookes (Wollongong) Pty Ltd v FCT (1981) 147 CLR 297 Esso Australia Resources Ltd v FCT (1998) 83 FCR 511 Machon Paull Partners Pty Ltd v Leichhardt Municipal Council (1981) 44 LGRA 1 McDonald v Director-General of Social Security [1984] FCA 57; (1984) 1 FCR 354 Morton v The Union Steamship Company of New Zealand Ltd (1951) 83 CLR 402 Ombudsman v Laughton (2005) 64 NSWLR 114 Public Transport Commission of NSW v J Murray-More (NSW) Pty Ltd (1975) 132 CLR 336 R v Commissioner of Patents; Ex parte Martin (1953) 89 CLR 381 Sydney Institute of Tertiary Education Pty Ltd v Vocational Education and Training Accreditation Board [2010] NSWADT 209 Category: Principal judgment Parties: ANC High School Pty Ltd The Board of Studies Representation: Counsel D Dinnen (Applicant) S Gray (Respondent) John Allanson & Associates (Applicant) I V Knight, Crown Solicitor (Respondent) File Number(s): 113208