Eagle Arts and Vocational College Incorporated v NSW Education Standards Authority [2018] NSWCATAD 297

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eagle Arts and Vocational College Incorporated v NSW Education Standards Authority [2018] NSWCATAD 297 Hearing dates: 2, 5, 8, 9 October 2018 Date of orders: 09 October 2018 Decision date: 20 October 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) The recommendations of the respondent to cancel the applicant's registration as a non-government school for Years 9 to 11 and not to renew its registration as a non-government school for Year 12 are confirmed. (2) A party wishing to make a costs application is to file submissions and any evidence in support of such an application within 28 days of these orders. (3) The other party is to reply, including by providing evidence and submissions, within 42 days of these orders. (4) Any application for costs is to be determined on the papers. Catchwords: ADMINISTRATIVE REVIEW – School registration – Where respondent found that applicant school did not comply with registration requirements – Where respondent recommended cancellation and non-renewal of applicant's registration - Whether registration requirements are mandatory – Whether content of registration requirements varies according to student cohort and school location Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Child Protection (Working with Children) Act 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Education Act 1990 (NSW) Education Standards Authority Act 2013 (NSW) Environmental Planning and Assessment Regulation 2000 (NSW) Teacher Accreditation Act 2004 (NSW) Cases Cited: ANC High School Pty Ltd v The Board of Studies [2012] NSWADT 125 Construction Forestry Mining & Energy Union v Mammoet Australia Pty Ltd (2013) 248 CLR 619 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577; 26 ALD 60 Lynn v State of New South Wales [2016] NSWCA 57 New South Wales v Donovan [2015] NSWCA 280 Russo v Aiello (2003) 215 CLR 643 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Category: Principal judgment Parties: Eagle Arts and Vocational College Incorporated (Applicant) NSW Education Standards Authority (Respondent) Representation: Counsel: A McQuillen (Applicant) C Ronalds SC with P Madden (Respondent)