Board of Studies v ANC High School Pty Ltd (GD) [2013] NSWADTAP 8

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Board of Studies v ANC High School Pty Ltd (GD) [2013] NSWADTAP 8 Hearing dates: 26 September 2012; 10 October 2012 Decision date: 14 February 2013 Before: Judge K P O'Connor, President K Fitzgerald, Judicial Member Z Antonios, Non-judicial Member Decision: 1. Appeal allowed to the following extent. 2. The Tribunal's orders are set aside, and the following orders made in their place: (1) The Tribunal does not confirm the Board's recommendation. (2) The Tribunal makes a different recommendation to the Minister, namely that the Minister ask the Board to consider making a recommendation to the Minister that there be a reduction in the period of the current registration to three years, with the effect that it expire on 31 December 2012. (3) Subject to Order (2), the Tribunal makes a different recommendation to the Minister that the period of accreditation of the school be reduced so that it expires on 31 December 2012. 3. Decline to grant the application to extend the appeal to the merits. 4. Respondent's application for its costs of the appeal refused. No order as to costs. Catchwords: SCHOOL REGISTRATION AND ACCREDITATION - Review of decisions of Board of Studies to recommend cancellation of registration of school and to cancel accreditation - Varied by Tribunal - Appeal by Board - Nature of Review Jurisdiction - Scope of Power to make Orders - Tribunal decision varied; STATUTORY INTERPRETATION - Education Act - Board guidelines made pursuant to regulation-making power - Whether register of enrolments and attendances a 'requirement of registration' under section 47 - Held not - Tribunal decision upheld - Whether issues relevant to Commonwealth provider approval involve 'requirements of registration' - Held not - Tribunal decision upheld - Appeal allowed in part; EXTENSION TO MERITS - Leave Refused; COSTS - Respondent's application - No order as to Costs. Education Act 1990, s 24, s 47, s 131 Legislation Cited: Administrative Decisions Tribunal Act 1997 Education Act 1990 Education Amendment (Non-Government Schools Registration) Act 2004 Vocational and Educational Training Act 2005 Cases Cited: Ford and Net Grammar School Pty Ltd v Board of Studies [1999] NSWADT 47 Plaintiff M47/2012 v Director General of Security [2012] HCA 46 Category: Principal judgment Parties: Board of Studies (Appellant) ANC High School Pty Ltd (Respondent) Representation: Counsel R J Bromwich SC, S E Gray (Appellant) D Dinnen (Respondent) Crown Solicitor (Appellant) John Allanson & Associates (Respondent) File Number(s): 129022 Decision under appeal Jurisdiction: 9108 Citation: ANC High School Pty Ltd v The Board of Studies [2012] NSWADT 125 Date of Decision: 2012-06-29 00:00:00 Before: General Division File Number(s): 113208