DFD v New South Wales Education Standards Authority [2018] NSWCATAD 48

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DFD v New South Wales Education Standards Authority [2018] NSWCATAD 48 Hearing dates: 25 September 2017 Date of orders: 28 February 2018 Decision date: 28 February 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: DAC Robertson, Senior Member Decision: 1. The Tribunal makes a different recommendation to the Minister, namely, that 'E' be registered for home schooling from 15 February 2017 to the day before his sixth birthday inclusive.

2. Pursuant to s 64 of the Civil and Administrative Tribunal Act the name of the applicant and the child concerned are not to be published to any person other than the parties and their representatives and the Minister for Education. Catchwords: ADMINISTRATIVE REVIEW – Education Act – home schooling – registration – whether registration restricted to children of compulsory school-age – significance of policy – whether policy is Government policy Legislation Cited: Administrative Decisions Review Act 1997 (NSW) ss 63, 64 Civil and Administrative Tribunal Act 2013 (NSW) 2013 (NSW) s 64 Education Act 1990 (NSW) ss 4, 5, 6, 21B, 22, 23, 71, 72, 73, 107, 108 Education Standards Authority Act 2013 (NSW) Cases Cited: ANC High School Pty Ltd v Board of Studies [2012] NSWADT 125 Board of Studies v ANC High School Pty Ltd (GD) [2013] NSWADTAP 8 DMM v Board of Studies, Teaching and Educational Standards [2016] NSWCATAD 38 Drake v Minister for Immigration and Ethnic Affairs (No 2) [1979] AATA 179; (1979) 2 ALD 634 NSW Education Standards Authority v DMM [2017] NSWCATAP 149 Whitehouse v Commissioner of Fair Trading [2017] NSWCATOD 108 Category: Principal judgment Parties: DFD (Applicant) New South Wales Education Standards Authority (Respondent) Representation: Applicant: In Person assisted by D Gribble D Birch (Counsel) (Respondent)