Thomas v NSW Education Standards Authority [2021] NSWCATOD 125

Thomas v NSW Education Standards Authority [2021] NSWCATOD 125

The Respondent did not establish the ground for suspension under s 24A(1)(a) of the Teacher Accreditation Act 2004 because the evidence did not show that the Applicant was placed on the NTBE list for misconduct within the meaning of the Act or the Teaching Service Act 1980. Although the Applicant's conduct in approaching the media was inappropriate and reflected adversely on his professional standing, there had been no Department investigation, disciplinary proceedings, or findings of misconduct under the Teaching Service Act 1980. In any event, applying s 24B, suspension was disproportionate: the conduct occurred once, was not serious in the relevant statutory sense, was influenced by...

Jurisdiction
Australia
Judgment Date
08 September 2021
Procedural Posture
Administrative Review of Decision to Suspend Teacher Accreditation / Principal Judgment in the Occupational Division of the Civil and Administrative Tribunal of New South Wales
Outcome
The Respondent's reviewable decision was set aside and the Applicant's accreditation was reinstated.
Legal Topics
['teacher Accreditation' 'suspension of Accreditation' 'ntbe List' 'professional Standards' 'misconduct' 'merits Review']
['administrative Law' 'education Law' 'occupational Regulation'] ['teacher Accreditation' 'suspension of Accreditation' 'ntbe List' 'professional Standards' 'misconduct' 'merits Review']

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Procedural Posture

Administrative Review of Decision to Suspend Teacher Accreditation / Principal Judgment in the Occupational Division of the Civil and Administrative Tribunal of New South Wales

Legal Issues

  1. 1 ['Whether a ground for suspension under s 24A(1) of the Teacher Accreditation Act 2004 was made out, specifically whether the Applicant was included on the NTBE list because of misconduct that would reflect adversely on his professional standing, integrity or suitability to teach.' "Whether it was appropriate to suspend the Applicant's accreditation having regard to the criteria in s 24B of the Teacher Accreditation Act 2004."]

Ratio Decidendi

The Respondent did not establish the ground for suspension under s 24A(1)(a) of the Teacher Accreditation Act 2004 because the evidence did not show that the Applicant was placed on the NTBE list for misconduct within the meaning of the Act or the Teaching Service Act 1980. Although the Applicant's conduct in approaching the media was inappropriate and reflected adversely on his professional standing, there had been no Department investigation, disciplinary proceedings, or findings of misconduct under the Teaching Service Act 1980. In any event, applying s 24B, suspension was disproportionate: the conduct occurred once, was not serious in the relevant statutory sense, was influenced by...

Court Disposition

The Respondent's reviewable decision was set aside and the Applicant's accreditation was reinstated.

Orders

  • ["The Respondent's reviewable decision is set aside and in substitution, the Applicant's accreditation is reinstated in accordance with these reasons for decision."]