Christian Community Ministries Ltd v Minister for Education and Early Learning

[2024] NSWCA 1

NSW Court of Appeal

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Interrogate

Catchwords

1. Education
2. › Financial assistance to non-government schools
3. › Entitlement conditioned on school not operating for profit
4. › Recovery of past financial assistance
5. › Whether Minister empowered to recover financial assistance for periods prior to non-compliance declaration
6. › Education Act 1990 (NSW), ss 83C, 83E, 83F, 83J
1. Statutory Interpretation
2. › Construction of statutory powers
3. › Temporal scope of ministerial power
4. › Whether definitional provision in present tense imports temporal limitation
5. › Whether election to exercise one power precludes exercise of another
6. › Purposive construction where statute balances competing interests
7. › Education Act 1990 (NSW), Pt 7 Div 3

Quick Take

The Minister's power to recover financial assistance under s 83J extends to past periods of for-profit operation, regardless of when the non-compliance declaration was made, and is not precluded by the Minister's election to impose conditions on future funding under s 83E.