Recent Cases

Christian Community Ministries Ltd v Minister for Education and Early Learning [2024] NSWCA 1 (30 January 2024) (Gleeson and Mitchelmore JJA, Griffiths AJA)


Catchwords:


EDUCATION – financial assistance to non-government schools – entitlement conditioned on school not operating for profit – decision made to recover past financial assistance on the basis that the relevant school was non-compliant because it had operated for profit from 2015 to 2020

STATUTORY INTERPRETATION – where Minister made recovery decision under s 83J of Education Act 1990 (NSW) and non-compliance declaration under s 83F of that Act – whether Minister was empowered to make recovery decision in relation to the period prior to her making the non-compliance declaration because she had not reached the requisite state of satisfaction that the school was operating for profit under s 83E of that Act