DMM v Board of Studies, Teaching and Educational Standards [2016] NSWCATAD 38

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DMM v Board of Studies, Teaching and Educational Standards [2016] NSWCATAD 38 Hearing dates: 10 February 2016 Date of orders: 25 February 2016 Decision date: 25 February 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Prof G Walker, Senior Member Decision: Instead of the Board of Studies' recommendation to the Minister for Education that DM be refused home schooling recommendation under s 71(1) of the Act for ER, the tribunal makes the following recommendation:

That ER be registered as a home schooling student. Catchwords: EDUCATION – home schooling – registration – whether registration restricted to pupils of compulsory school age -statutory interpretation. Legislation Cited: Civil and Administrative Tribunal Act 2013; Education Act 1990; Education and Public Instruction Act 1987 (repealed). Cases Cited: Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129; ANC High School Pty Ltd v Board of Studies [2012] NSWADT 125; Australian Education Union v Department of Education and Children's Services (2012) 248 CLR 1; King v Jones (1972) 128 CLR 221; McDonald v Director-General of Social Security [1984] FCA 57; Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; Thiess v Collector of Customs (2014) 250 CLR 664. Category: Principal judgment Parties: DMM (Applicant) Board of Studies, Teaching and Educational Standards (Respondent). Representation: Counsel: P Herzfeld (Respondent)