NSW Education Standards Authority v DMM [2017] NSWCATAP 149

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: NSW Education Standards Authority v DMM [2017] NSWCATAP 149 Hearing dates: 21 April 2017 Date of orders: 13 July 2017 Decision date: 13 July 2017 Jurisdiction: Appeal Panel Before: M Harrowell, Principal Member R Hamilton SC, Senior Member Decision: 1 The appeal is allowed and the decision made on 18 November 2016 is set aside. 2 The decision to recommend refusal of the application of DMM dated 1 May 2016 for registration of ER for home schooling is affirmed 3 Pursuant to s 64 of the Civil and Administrative Tribunal Act 2013, the names of the respondent and of the child concerned are not to be published.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 Act- Obligations of parent and State. Registration for Home Schooling- meaning of child, eligibility for registration, point in time when child must be under 18. Legislation Cited: Administrative Decisions Review Act, 1997 Civil and Administrative Tribunal Act, 2013 Civil and Administrative Tribunal Rules, 2014 Education Act 1990 Cases Cited: Carr v The State of Western Australia [2007] HCA 47; (2007) 232 CLR 138 Certain Lloyd's Underwriters Subscribing to Contract No IH00AAQS v Cross [2012] HCA 56 Collins v Urban [2014] NSWCATAP 17 DMM v Board of Studies, Teaching and Educational Standard [2016] NSWCATAD 38 Category: Principal judgment Parties: NSW Education Standards Authority formerly known as Board of Studies, Teaching and Education Standards (Appellant) DMM (Respondent) Representation: P Herzfeld(Counsel) (Appellant) Respondent: In person