Free Web Hosting Provider - Web Hosting - E-commerce - High Speed Internet - Free Web Page
Search the Web

Those who have been following the legal situation in NSW will no doubt be aware that many home schoolers have continuously challenged these Guidelines for the past four years over their legality, including infringement of civil liberties. The Act gives the Minister for Education and Training no power to impose these guidelines.

The "Guidelines for Registration for Home Schooling" were submitted for approval as Regulations as an amendment to the "Education Regulation 1996". We opposed the Amendment, as it was inconsistent with the Act. Prompt action by many Home educators caused it to be disallowed by a vote of the Upper House of Parliament. An aside question is, why did the Minister have to Gazette this Regulation if he already had the power to impose these "guidelines"?

The guidelines upon which these regulations were based need not and are not being followed, as there is no provision for the imposition of these in the Act. The Minister has totally disregarded that fact and tried to impose requirements illegally with no authority from the Act to do so. In essence, the OBoS argue that if we do not follow the guidelines as if they are law then they will make them into law and we will have to follow them. Well, why do we need laws if all we need is guidelines??

Order of Mandemus

After the Regulation was rejected, those Home educators that had been fighting about the validity of the guidelines were still left without certificates of registration. Since the Minister clearly had no grounds upon which to demand compliance with the Registration guidelines, they wrote to the Minister asking for Certificates of Registration for their children. They received a letter in response stating that the disallowance of the Regulations has no bearing on the legality of the conditions of registration or the use of guidelines in the administration of home schooling.

They then wrote to Members of Parliament stating that the Minister was acting in contempt of a Parliamentary ruling by insisting that home schoolers comply with rules (under the guise of "guidelines") that had been rejected by Parliament. The Parliament has so far not called the Minister Mr. Aquilina, to task about this. The Parliament was prepared to debate and vote down the regulation, but haven't been prepared to make their "ruling" stick, as the Minister and OBOS continue to do it all anyway!!!

This situation forced the objectors to go to the courts for justice. They took out a Supreme Court Order of Mandemus against the Minister and served a Summons on him to appear in Court on February 1999 to explain his actions. These summons were served on or about the 20^th of December, 1998. On the 23^rd of December (or there abouts) most of these home educators received registration. Was this just a coincidence??

At the same time an Order of Certiorari was taken out at the Supreme Court against the Minister and he was summoned to appear in Court in February, 1999. This order required the Minister to explain why he had issued certificates with conditions on them that had been disallowed by Parliament. It asked that those certificates be quashed and valid certificates be issued.

We were informed by both the Court and a Queen's Counsel that since we would be arguing fine points of the law that we should have good legal representation. After testing the waters with the legal profession, we found that we were at the forefront of a reasonably new area of administrative law. This meant that finding some one with the appropriate experience was very difficult in the time frame we were given (6 weeks). The implication was that it would be very expensive for a QC to research, develop arguments and find precedents for our case. We were back to representing ourselves.

Naturally enough much soul searching and discussion ensued. But since we could not afford, at this time, the consultation costs (in time, effort and money), we decided to discontinue our action on May 25th, 1999. Note: pro bono legal representation was not sought, at this time, due to time frame constraints.

NEWS FLASH: The Current Round of harassment has begun and bullying continues.

WITHIN TWO WEEKS OF DISCONTINUING OUR ACTION - SOME HOME EDUCATORS ARE BEING CONTACTED BY THE OBoS by registered mail or by an Authorised Person on the telephone requiring compliance with the disputed/rejected by Parliament guidelines. One person has answered that since their children are already registered and have certificates, the OBoS can leave them alone.

This situation continues primarily because Home schoolers can't financially afford to have it knocked on the head in the Supreme Court.

Note: These guidelines have not been revised by consultation with the pertinent parties involved since their introduction which should be done every five years in accord with Public Service guidelines.