Tomasevic v State of Victoria (Dept Education & Training) & Anor

The applicants, Tomasevic and others, sought judicial review of decisions made by the State of Victoria (Department of Education and Training) and the Victorian Registration and Qualifications Authority. The dispute concerned the applicants' eligibility for registration as teachers in Victoria, specifically their compliance with the English language proficiency requirements. The matter was heard by Gummow and Heydon JJ of the High Court of Australia.

The central legal issue before the High Court was whether the decisions of the respondents, which refused to register the applicants as teachers on the basis of their failure to meet English language proficiency standards, were affected by jurisdictional error. This involved determining whether the respondents had properly interpreted and applied the relevant legislative provisions and regulations governing teacher registration and English language assessment.

The High Court considered the nature of jurisdictional error and its application to administrative decision-making. Their Honours examined the specific requirements of the *Education and Training Reform Act 2006* (Vic) and the associated regulations concerning English language proficiency. The court analysed whether the respondents' interpretation of these provisions, particularly in relation to the assessment of qualifications obtained overseas, was legally sound. The reasoning focused on whether the respondents had acted within their powers or had made an error of law in their assessment of the applicants' qualifications and English language skills.

The High Court found that the decisions of the respondents were not affected by jurisdictional error and therefore dismissed the application for judicial review.