Board of Studies, Teaching and Educational Standards v Vandenbovenkamp [2015] NSWCATAP 261

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Board of Studies, Teaching and Educational Standards v Vandenbovenkamp [2015] NSWCATAP 261 Hearing dates: 21 September 2015 Date of orders: 04 December 2015 Decision date: 04 December 2015 Jurisdiction: Appeal Panel Before: A/Judge K O'Connor AM, Deputy President, Appeals N Hennessy LCM, Deputy President M Bolt, General Member Decision: 1. Appeal dismissed. 2. Registrar to re-list matter for consideration of appropriate order in light of this decision. Catchwords: ADMINISTRATIVE REVIEW – Home Schooling – Family Court order that vests joint parental responsibility in both parents for educational decisions – One parent does not consent to other parent's application for children to be home schooled – Whether decision maker required by law to refuse the application on that ground – Tribunal held not – Appeal – Appeal dismissed. Education Act 1990, s 71. Legislation Cited: Administrative Decisions Review Act 1997 Civil and Administrative Tribunal Act 2013 Education Act 1990 Family Law Act 1975 (Cth) Cases Cited: Goode v Goode (2006) 206 FLR 212 In Marriage of B (1997) 140 FLR 11 In the Marriage of Chandler (1981) 6 Fam LR 736 In the Marriage of Cullen (1981) 8 Fam LR 35 In the Marriage of McEnearney (1980) FLC #90-866 In the Marriage of Todd (No 2), (1976) 25 FLR 260 In the Marriage of Vlug and Poulos (1997) 141 FLR 244 Wilshaw & Wilshaw (No 3) [2015] FamCA 843 Category: Principal judgment Parties: Board of Studies, Teaching and Educational Standards (Appellant) Deborah Vandenbovenkamp (Respondent) Representation: Counsel: P Herzfeld (Appellant) B Mostafa (Respondent)