DMM v Board of Studies, Teaching and Educational Standards (No. 2) [2016] NSWCATAD 260

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DMM v Board of Studies, Teaching and Educational Standards (No. 2) [2016] NSWCATAD 260 Hearing dates: 9 November 2016 Date of orders: 18 November 2016 Decision date: 18 November 2016 Jurisdiction: Administrative and Equal Opportunity Division Before: Prof G Walker, Senior Member Decision: (1) Instead of the recommendation of the Board of Studies, Teaching and Educational Standards that DMM be refused home schooling registration under ss 71 and 72 of the Act for ER, the tribunal makes the following recommendation: That ER be registered as a home schooling student. (2) Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, (i) the names of the applicant and of the child concerned and (ii) the contents of paragraphs 43, 44, 47 and 48 below are not to be published. Note: A reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person. Catchwords: EDUCATION – home schooling – registration – whether person over 18 eligible if under 18 at the time of application – statutory interpretation. WORDS AND PHRASES – "child". Legislation Cited: Civil and Administrative Tribunal Act 2013; Education Act 1990 Interpretation Act 1987 Cases Cited: Amalgamated Society of Engineers v Adelaide Steamship Co. Ltd [1920] HCA 54; (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] HCA 3; (2012) 248 CLR 1; 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] HCA 12; (2014) 250 CLR 664. Category: Principal judgment Parties: DMM (Applicant) Board of Studies, Teaching and Educational Standards (Respondent) Representation: Counsel: P Herzfeld (Respondent)