Nenadovic and Secretary, Department of Education

The Administrative Appeals Tribunal (AAT) considered the case of *Nenadovic and Secretary, Department of Education*. The applicant, Ms. Nenadovic, sought review of a decision by the Secretary, Department of Education, to refuse her application for a teaching position. The core of the dispute concerned whether Ms. Nenadovic was a "fit and proper person" to be employed as a teacher, a requirement under the relevant legislation.

The Tribunal was required to determine whether the Secretary's decision was the correct or preferable decision, having regard to the law and the facts. Specifically, the Tribunal had to assess whether Ms. Nenadovic's past conduct, which included findings of misconduct in previous employment, rendered her unsuitable for teaching. This involved an evaluation of the nature and seriousness of the misconduct, the time elapsed since it occurred, and the applicant's subsequent rehabilitation and character.

In reaching its decision, the Tribunal applied the principles of administrative review, focusing on the merits of the application. It considered evidence presented by Ms. Nenadovic regarding her remorse, her efforts to address the issues that led to her prior misconduct, and her subsequent employment history. The Tribunal weighed this evidence against the public interest in ensuring that individuals employed in teaching roles are of good character and can be trusted to uphold professional standards and protect students. The Tribunal ultimately found that Ms. Nenadovic had demonstrated sufficient rehabilitation and that her past misconduct did not preclude her from being a fit and proper person to teach.