NSW Education Standards Authority v Thomas [2022] NSWCATAP 110

NSW Education Standards Authority v Thomas [2022] NSWCATAP 110

The Tribunal erred in law by construing 'misconduct' in s 24(1)(e) of the Teacher Accreditation Act 2004 (NSW) as constrained by the Teaching Service Act 1980 (NSW) or by the absence of Department disciplinary proceedings or findings. 'Misconduct' bears its ordinary meaning and may include breaches of applicable professional or conduct standards. The respondent was placed on the NTBE list for conduct that the Department regarded as improper, unacceptable or wrong, and that conduct could support NESA's opinion that it reflected adversely on his professional standing or suitability. The Tribunal's alternative conclusion under s 24B was affected by the same erroneous principle, so the appeal...

Jurisdiction
Australia
Judgment Date
13 April 2022
Procedural Posture
Appeal From an Administrative Review Decision Concerning Suspension of Teacher Accreditation / Appeal Panel Decision
Outcome
Appeal allowed; Tribunal orders and decision set aside; proceedings remitted for reconsideration by a differently constituted Tribunal.
Legal Topics
['teacher Accreditation' 'misconduct Under the Teacher Accreditation Act 2004 (nsw)' 'ntbe List' 'suspension of Accreditation' 'australian Professional Standards for Teachers' 'ncat Appeal']
['administrative Law' 'education Law' 'statutory Interpretation' 'professional Regulation'] ['teacher Accreditation' 'misconduct Under the Teacher Accreditation Act 2004 (nsw)' 'ntbe List' 'suspension of Accreditation' 'australian Professional Standards for Teachers' 'ncat Appeal']

Case Brief

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Procedural Posture

Appeal From an Administrative Review Decision Concerning Suspension of Teacher Accreditation / Appeal Panel Decision

Legal Issues

  1. 1 ["Whether the Tribunal misconstrued the meaning of 'misconduct' in s 24(1)(e) of the Teacher Accreditation Act 2004 (NSW)." 'Whether conduct alleged to breach the NSW Department of Education Code of Conduct, the Standards or the Ethical Framework could constitute misconduct without a Department disciplinary investigation or finding under the Teaching Service Act 1980 (NSW).' "Whether the Tribunal's alternative exercise of discretion under s 24B miscarried because it was affected by the misconstruction of misconduct." "Whether the Appeal Panel should re-exercise the Tribunal's functions or remit the proceeding."]

Ratio Decidendi

The Tribunal erred in law by construing 'misconduct' in s 24(1)(e) of the Teacher Accreditation Act 2004 (NSW) as constrained by the Teaching Service Act 1980 (NSW) or by the absence of Department disciplinary proceedings or findings. 'Misconduct' bears its ordinary meaning and may include breaches of applicable professional or conduct standards. The respondent was placed on the NTBE list for conduct that the Department regarded as improper, unacceptable or wrong, and that conduct could support NESA's opinion that it reflected adversely on his professional standing or suitability. The Tribunal's alternative conclusion under s 24B was affected by the same erroneous principle, so the appeal...

Court Disposition

Appeal allowed; Tribunal orders and decision set aside; proceedings remitted for reconsideration by a differently constituted Tribunal.

Orders

  • ['Appeal is allowed.' 'The orders and decision of the Tribunal dated 27 August 2021 are set aside.' "Order that the whole of the proceedings be reconsidered by a differently constituted Tribunal, without further evidence, unless with the leave of the Tribunal, in accordance with the Appeal Panel's decision."]