Eagle Arts and Vocational College v State of New South Wales [2018] NSWCATAD 147

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eagle Arts and Vocational College v State of New South Wales [2018] NSWCATAD 147 Hearing dates: 10 May 2018 Date of orders: 16 July 2018 Decision date: 16 July 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Hennessy LCM, Deputy President Decision: 1. That part of the complaint that alleges a breach of s 12 and s 49J of the Anti-Discrimination Act 1977 (NSW) is dismissed.

2. The application to dismiss that part of the complaint that alleges a breach of s 19 and s 49M of the Anti-Discrimination Act 1977 (NSW) is refused. Catchwords: PRACTICE AND PROCEDURE - summary dismissal – where NSW Educational Standards Authority cancelled registration of non-government school – where school complained NESA had breached Anti-Discrimination Act 1977 (NSW) – whether complaint lacks substance or should be summarily dismissed on some other ground Legislation Cited: Anti-Discrimination Act 1977 (NSW), ss 4, 7, 12, 19, 49J, 49M, 92 and 102 Associations Incorporation Act 2009 (NSW) Civil and Administrative Tribunal Act 2013 (NSW), s 55 Education Act 1990 (NSW), Div 2 Pt 7, ss 47, 59, 56 and 107 Education Standards Authority Act 2013 (NSW), ss 4 and 12(2)(c) Interpretation Act 1987 (NSW) Teacher Accreditation Act 2004 Cases Cited: Alchin v Rail Corporation NSW [2012] NSWADT 142 Dey v Victorian Railways Commissioners [1949] HCA 1; (1949) 78 CLR 62 IW v City of Perth [1997] HCA 30; (1997) 191 CLR 1 Kitoko v Sydney Local Health District [2017] NSWCATAD 209 Koowarta v Bjelke- Petersen (1982) 153 CLR 168 Langley v Niland [1981] 2 NSWLR 104 Murtough v NSW Bar Association [2011] NSWADT 243 Prakash v Bobb Borg Enterprises Pty Ltd [1999] NSWADT 73 State Electricity Commission of Victoria v Rabel [1998] 1 VR 102 State of New South Wales v Whiteoak [2014] NSWCATAP 99 Texts Cited: Registered and Accredited Individual Non-Government Schools (NSW) Manual (NSW Education Standards Authority, Updated July 2017) Macquarie Dictionary (online) Category: Procedural and other rulings Parties: Eagle Arts and Vocational College (Applicant) State of NSW - NSW Education Standards Authority (Respondent) Representation: Counsel: A McQuillen (Applicant) C Ronalds SC (Respondent) P Madden (Respondent) File Number(s): 2018/00089888 Publication restriction: Nil