13. Internal review and appeal

If an Authorised Person recommends that an application for home schooling registration be refused, the parent may seek an internal review of the recommendation.

The most common reasons for recommending that an application for home schooling registration be refused are when:

• a parent is not available for the application to be assessed despite repeated attempts to make contact by phone, email and/or mail; or
• an Authorised Person finds that the requirements are not being met or would not be met.

If a recommendation to refuse registration is made, the parent is notified in writing. The notice explains the reasons for the recommended refusal and provides an opportunity for the parent to seek an internal review within 30 days of the date of the notice.

If an internal review is requested, the original Authorised Person is replaced with a different Authorised Person who will conduct the internal review.

The Authorised Person conducting the internal review will contact the parent to provide an opportunity for the parent to submit further materials in support of the application and, if relevant, to make arrangements for an assessment by home visit.

Following a review of the available information, the Authorised Person conducting the internal review will make a recommendation that registration either be granted or be refused.

The internal review process typically takes about 4 weeks to complete.

If registration is granted, the parent will be advised in writing and a certificate of registration will be provided.

If the Authorised Person conducting the internal review affirms the original recommendation that registration be refused, NESA will notify the parent in writing stating the reasons for the recommendation. The notice will also advise the parent of the right to appeal the recommendation to refuse registration to the NSW Civil and Administrative Tribunal (NCAT) within 28 days of the notice.

NCAT may be contacted by telephone 1300 006 228 or by visiting the NCAT website.

If a parent appeals a recommendation to refuse registration to NCAT, NESA will have regard to the outcome of the appeal in deciding whether registration will be granted or refused. NESA will advise the parent in writing of the final decision in relation to the application.

If a parent seeks an appeal with NCAT, the appeal process may take a substantial period of time. The compulsory schooling provisions of the Act apply during this period.

Parents may wish to contact a home schooling support group for assistance if it is recommended that an application for registration be refused.