Valaire v NSW Education Standards Authority [2019] NSWCATAD 16

Valaire v NSW Education Standards Authority [2019] NSWCATAD 16

The application disclosed no decision by either respondent capable of review by the Tribunal. The Children (Education and Care Services) National Law and the Children (Education and Care Services National Law Application) Act 2010 did not relate to the matters complained of, NESA's 8 March 2018 letter merely explained eligibility criteria and stated that NESA was not involved in scaling or ATAR ranks, and the Department of Education's 27 April 2018 letter contained no reviewable decision about course eligibility or ATAR. The Tribunal therefore lacked jurisdiction and the application had to be dismissed.

Jurisdiction
Australia
Judgment Date
11 January 2019
Procedural Posture
Administrative Review Application / On the Papers; Respondents Sought Dismissal for Lack of a Reviewable Decision
Outcome
The application is dismissed.
Legal Topics
['tribunal Jurisdiction' 'administratively Reviewable Decision' 'hsc Russian Continuers Course' 'atar Scaling' 'eligibility Criteria']
['administrative Law' 'education Law'] ['tribunal Jurisdiction' 'administratively Reviewable Decision' 'hsc Russian Continuers Course' 'atar Scaling' 'eligibility Criteria']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Administrative Review Application / On the Papers; Respondents Sought Dismissal for Lack of a Reviewable Decision

Legal Issues

  1. 1 ['Whether the applicant identified a decision capable of review by the Tribunal under the Administrative Decisions Review Act 1997.' 'Whether the decisions identified by the applicant were made under legislation conferring administrative review jurisdiction on the Tribunal.' "Whether the Children (Education and Care Services) National Law or the Children (Education and Care Services National Law Application) Act 2010 applied to the applicant's complaints about the HSC Russian Continuers course and ATAR scaling."]

Ratio Decidendi

The application disclosed no decision by either respondent capable of review by the Tribunal. The Children (Education and Care Services) National Law and the Children (Education and Care Services National Law Application) Act 2010 did not relate to the matters complained of, NESA's 8 March 2018 letter merely explained eligibility criteria and stated that NESA was not involved in scaling or ATAR ranks, and the Department of Education's 27 April 2018 letter contained no reviewable decision about course eligibility or ATAR. The Tribunal therefore lacked jurisdiction and the application had to be dismissed.

Court Disposition

The application is dismissed.

Orders

  • ['The application is dismissed.']