Teachers Registration Board of South Australia v Edwards

[2013] SASCFC 30

SUPREME COURT OF SOUTH AUSTRALIA

(Full Court: Permission to Appeal in Private)

TEACHERS REGISTRATION BOARD OF SOUTH AUSTRALIA v EDWARDS

[2013] SASCFC 30

Judgment of The Full Court

(The Honourable Justice Gray, The Honourable Justice Sulan and The Honourable Justice Blue)

22 April 2013

APPEAL AND NEW TRIAL - APPEAL - PRACTICE AND PROCEDURE - SOUTH AUSTRALIA - WHEN APPEAL LIES - BY LEAVE OF COURT - GENERALLY

Application for permission to appeal to the Full Court in private - a Judge of the District Court allowed an appeal from a decision of the Teachers Registration Board of South Australia - the proposed Full Court appeal is primarily concerned with conditions which were imposed on the respondent's provisional teaching registration due to her disability.

Held: Permission to appeal granted.

Teachers Registration and Standards Act 2004 (SA) s 21 and s 24, referred to.

TEACHERS REGISTRATION BOARD OF SOUTH AUSTRALIA v EDWARDS
[2013] SASCFC 30

Full Court:       Gray, Sulan and Blue JJ

THE COURT:

1. This is an application for permission to appeal against the orders of a Judge sitting in the Administrative and Disciplinary Division of the District Court who allowed an appeal from a decision of the Teachers Registration Board of South Australia. 

2. The appeal is primarily concerned with conditions which were imposed on the respondent’s provisional teaching registration due to the respondent’s disability.  The appellant contends that matters of substantial importance and public interest are raised, namely:

   -How the Teachers Registration Board of South Australia, as the registration body, is to assess an application for registration in circumstances where an applicant for registration has a disability.

   -The circumstances in which the Teachers Registration Board of South Australia may place conditions upon an applicant’s registration, given the apparently unfettered discretion contained in section 24 of the Teachers Registration and Standards Act 2004 (SA).

   -How the eligibility criteria that the applicant “is a fit and proper person to be a registered teacher”[1] is to be applied by the Teachers Registration Board of South Australia in circumstances where an applicant has a disability.

   [1]    Teachers Registration and Standards Act 2004 (SA) section 21(1)(c).

3. We consider that the above issues are of general importance and warrant the consideration of the Full Court.

4. We grant permission to appeal.