Malek Fahd Islamic School Limited v Non-Government Schools Not-For-Profit Advisory Committee, NSW Department of Education [2019] NSWCATAD 183

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Malek Fahd Islamic School Limited v Non-Government Schools Not-For-Profit Advisory Committee, NSW Department of Education [2019] NSWCATAD 183 Hearing dates: 29 and 30 July 2019 Date of orders: 06 September 2019 Decision date: 06 September 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: Naida Isenberg, Senior Member Decision: In accordance with s 108 of the Education Act 1990 the decision under review is confirmed. Catchwords: ADMINISTRATIVE LAW – Education – payment to non-government school – whether operating "for profit" – consequences of having operated "for profit" – recommendations to Minister Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Education Act 1990 (NSW) Education Amendment (Not-for-profit Non-Government School Funding) Act 2014 (NSW) Migration Act 1958 Cases Cited: Abernethy v Deitz (1996) 39 NSWLR 701 Anthony Hordern & Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1 Auckland Harbour Board v The King [1924] AC 318 Brown v West (1990) 169 CLR 195 at 205 Combet v Commonwealth (2005) 224 CLR 494 Drake v Minister for Immigration and Ethnic Affairs 1979) 24 ALR 577 Hashish v Minister for Education of Queensland [1998] 2 Qd R 18 McDonald v Director-General of Social Security [1984] FCA 57 Malek Fahd Islamic School Ltd v The Australian Federation of Islamic Councils Inc [2017] NSWSC 1712 Minister for Urban Affairs and Planning v Rosemount Estates Pty Lid (1996) 91 LGERA 31 Pape v Commissioner of Taxation (2009) 238 CLR 1 R v Goldstein [1983] 1 WLR 151 at 155; [1983] 1 All ER 434 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Texts Cited: None cited Category: Principal judgment Parties: Malek Fahd Islamic School Limited (Applicant) Non-Government Schools Not-For-Profit Advisory Committee, NSW Department of Education (Respondent) Representation: Counsel: A Moses SC, D Robertson, I Sethi (Applicant) H Younan (Respondent)