Hickey v Secretary, Department of Education

In the matter of Hickey v Secretary, Department of Education, the applicant sought administrative review of decisions by the respondent to refuse to deal with her application. The case was heard in the Civil and Administrative Tribunal of New South Wales. The applicant argued that the respondent’s refusal to deal with her application was unreasonable and amounted to a substantial and unreasonable diversion of agency resources. The respondent argued that the refusal was justified on the basis that the applicant's application was not made in accordance with the requirements of the relevant legislation.

The court was required to determine whether the respondent’s decision to refuse to deal with the applicant's application was lawful and reasonable. The court needed to consider the relevant statutory provisions and whether the decision was a substantial and unreasonable diversion of agency resources. The court was also required to consider whether the decision was made in accordance with the relevant legislation and whether the respondent had properly considered the relevant statutory factors.

The court found that the respondent’s decision to refuse to deal with the applicant's application was unlawful and unreasonable. The court found that the respondent had failed to properly consider the relevant statutory factors and that the decision amounted to a substantial and unreasonable diversion of agency resources. The court also found that the decision was not made in accordance with the relevant legislation. The court set aside the decisions under review and remitted the matter to the respondent for reconsideration. The court ordered that the respondent inform the applicant of the outcome of the reconsideration and gave the applicant the option to continue with the review of the varied or new decision or to withdraw the application for review. The matter was listed for directions or dismissal on a future date.