Board of Studies v ANC High School Pty Ltd (GD)

The Board of Studies, an entity responsible for the registration and accreditation of schools in New South Wales, appealed against a decision of the Administrative Appeals Tribunal (AAT) that varied the Board's decisions to recommend the cancellation of registration of ANC High School Pty Ltd and to cancel the accreditation of the school. The Board's decisions were based on alleged non-compliance with registration requirements under the Education Act 1990. The school, in turn, opposed the appeal and applied for its costs of the appeal.

The legal issues for the Court were whether the Tribunal was correct to find that the register of enrolments and attendances was not a requirement of registration, and whether the issues relevant to Commonwealth provider approval involved requirements of registration. The Court also needed to determine the scope of the power of the Tribunal to make orders in the context of the review jurisdiction.

The Court found that the Tribunal's decision was correct in finding that the register of enrolments and attendances was not a requirement of registration under section 47 of the Education Act 1990. The Court also found that the issues relevant to Commonwealth provider approval did not involve requirements of registration. However, the Court held that the Tribunal's orders were beyond its power because they directed the Board to make a recommendation to the Minister, which was not a power available to the Tribunal in the context of the review jurisdiction. The Court allowed the appeal in part and set aside the Tribunal's orders, making its own orders instead.

The Court declined to grant the school's application to extend the appeal to the merits and refused the school's application for its costs of the appeal. No order was made as to costs.