Vandenbovenkamp v Board of Studies, Teaching and Educational Standards NSW [2015] NSWCATAD 68

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Vandenbovenkamp v Board of Studies, Teaching and Educational Standards NSW [2015] NSWCATAD 68 Hearing dates: 3 March 2015 Decision date: 13 April 2015 Jurisdiction: Administrative and Equal Opportunity Division Before: J Kelly, Senior Member Decision: The Tribunal recommends that the applications for registration of the children for home schooling be considered on their merits and not be refused because of the court order and the father's not consenting to the applications. Catchwords: EDUCATION – application to register child for home schooling –- one parent does not consent to application – joint parenting order Legislation Cited: Education Act 1990 (NSW), ss 3, 71; Family Law Act 1975 (Cth), s 65P Category: Principal judgment Parties: Deborah Vandenbovenkamp (Applicant) Board of Studies, Teaching and Educational Standards NSW (Respondent) Representation: Counsel: Z Heger (Applicant) B Lim (Respondent)

Solicitors: Crown Solicitors Office (Respondent) File Number(s): 1410595

REASONS FOR DECISION

The decision under review 1. The applicant, Deborah Vandenbovenkamp, seeks the review of the decision made on 22 September 2014 upholding the original recommendation to refuse the home schooling registration for the applicant's two children under the Education Act 1990 (the Act). The decision under review was an internal review of the original decision and will be referred to as "the decision". 2. The decision was made because the Family Court of Australia made an order by consent, on 3 December 2004, that the applicant and the father of the children "have joint responsibility for the long term care welfare and development of the children including, but not limited to decisions relating to their education, health and moral development" (the consent order), and the father had revoked his previous consent to the children being home schooled.