Malek Fahd Islamic School Limited v Minister for Education and Training [2016] FCA 807

Malek Fahd Islamic School Limited v Minister for Education and Training [2016] FCA 807

The Minister is presently bound to give effect to his unrevoked 2015 determination and cause payment of the second quarterly instalment under the Australian Education Act 2013 (Cth) because no operative, procedurally valid decision to delay payment under s 110(1)(c)(i) exists. Procedural fairness having been denied in the 24 May 2016 decision tainted it with jurisdictional error, leaving the Minister under an immediate obligation to pay. The AAT's stay preserved the Applicant's approved authority status but did not otherwise restrict the Minister from considering his statutory powers in future if proper process is followed. Given risk management and balance of public interest versus the...

Parties
Applicant: Malek Fahd Islamic School Limited; First Respondent: Minister for Education and Training (Cth); Second Respondent: Matthew Hardy, Department of Education and Training (Cth)
Jurisdiction
Australia
Judgment Date
21 June 2016
Procedural Posture
Judicial Review / Application for Mandamus / Final Judgment With Reasons and Orders
Outcome
Application for judicial review and relief granted in part.
Legal Topics
Ministerial Powers, Mandamus, Injunctions, Funding Entitlements Under Australian Education Act, Procedural Fairness, Stay of Decisions, Jurisdictional Fact, Payment of Public Money, Effect of AAT Stay on Ministerial Powers
Administrative Law Statutory Interpretation Education Law Constitutional Law Ministerial Powers Mandamus Injunctions Funding Entitlements Under Australian Education Act +5 more

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Parties

Malek Fahd Islamic School Limited

Applicant

Minister for Education and Training (Cth)

First Respondent

Matthew Hardy, Department of Education and Training (Cth)

Second Respondent

Procedural Posture

Judicial Review / Application for Mandamus / Final Judgment With Reasons and Orders

Legal Issues

  1. 1 Whether Minister was bound to make the second payment to the Applicant under the Australian Education Act 2013 (Cth) after his earlier decision to delay payment was held invalid for lack of procedural fairness;
  2. 2 Whether an AAT stay of the revocation of approved authority status precludes the Minister from exercising or considering powers under s 110(1)(c)(i) to delay payment;
  3. 3 Whether declaratory or mandatory injunction relief should be granted and in what form;

Ratio Decidendi

The Minister is presently bound to give effect to his unrevoked 2015 determination and cause payment of the second quarterly instalment under the Australian Education Act 2013 (Cth) because no operative, procedurally valid decision to delay payment under s 110(1)(c)(i) exists. Procedural fairness having been denied in the 24 May 2016 decision tainted it with jurisdictional error, leaving the Minister under an immediate obligation to pay. The AAT's stay preserved the Applicant's approved authority status but did not otherwise restrict the Minister from considering his statutory powers in future if proper process is followed. Given risk management and balance of public interest versus the...

Court Disposition

Application for judicial review and relief granted in part.

Orders

  • The 24 May 2016 decision by the second respondent is set aside.
  • Respondents to pay Applicant's costs up to and including 17 June 2016.