DMM v Board of Studies, Teaching and Educational Standards [2016] NSWCATAD 38

DMM v Board of Studies, Teaching and Educational Standards [2016] NSWCATAD 38

The ordinary legal meaning of "child" in s 71(1) of the Education Act 1990 includes a person under 18 and is not confined to children of compulsory school age. Reading the Act as a whole, including its objects of allowing children to be educated at home, mitigating educational disadvantage and providing special educational assistance to children with disabilities, that construction better promotes the Act's purposes. The legislative history did not require the narrower construction advanced by the respondent, and the respondent conceded that allowing registration for ER would not hamper administration of the Act. ER was therefore eligible for home schooling registration.

Jurisdiction
Australia
Judgment Date
25 February 2016
Procedural Posture
Administrative Review of a Recommendation to Refuse Home Schooling Registration Under the Education Act 1990 / Merits Review Before the Civil and Administrative Tribunal of New South Wales, Administrative and Equal Opportunity Division
Outcome
The Tribunal set aside the effect of the Board's recommendation and made a different recommendation that ER be registered as a home schooling student.
Legal Topics
['home Schooling Registration' 'compulsory School Age' 'construction of Education Act 1990 S 71(1)' 'merits Review']
['education Law' 'administrative Law' 'statutory Interpretation'] ['home Schooling Registration' 'compulsory School Age' 'construction of Education Act 1990 S 71(1)' 'merits Review']

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Procedural Posture

Administrative Review of a Recommendation to Refuse Home Schooling Registration Under the Education Act 1990 / Merits Review Before the Civil and Administrative Tribunal of New South Wales, Administrative and Equal Opportunity Division

Legal Issues

  1. 1 ['Whether, under s 71(1) of the Education Act 1990, a child who is over compulsory school attendance age but under 18 is eligible for registration for home schooling.' 'Whether the word "child" in s 71(1) should be given its ordinary legal meaning or read as confined to children subject to compulsory schooling under ss 22 and 23 of the Education Act 1990.']

Ratio Decidendi

The ordinary legal meaning of "child" in s 71(1) of the Education Act 1990 includes a person under 18 and is not confined to children of compulsory school age. Reading the Act as a whole, including its objects of allowing children to be educated at home, mitigating educational disadvantage and providing special educational assistance to children with disabilities, that construction better promotes the Act's purposes. The legislative history did not require the narrower construction advanced by the respondent, and the respondent conceded that allowing registration for ER would not hamper administration of the Act. ER was therefore eligible for home schooling registration.

Court Disposition

The Tribunal set aside the effect of the Board's recommendation and made a different recommendation that ER be registered as a home schooling student.

Orders

  • ["Instead of the Board of Studies' recommendation to the Minister for Education that DMM be refused home schooling recommendation under s 71(1) of the Act for ER, the Tribunal recommends that ER be registered as a home schooling student." 'That DMM be granted home schooling registration for ER.']