Case Notes and Guidance on Governance Issues for Schools

Welcome to Mills Oakley's key case notes and guidance on specific governance matters, including Section 83C of the Education Act, providing practical insights and real-world examples.

Charities and Purpose-Driven Institutions

September 7 2026

Critical considerations from Albaf v NSW Education Standards Authority [2026] NSWSC 880: Practical tips to maintain procedural fairness in education decisions

By Eden Inglis, Graduate, and Sonya Parsons, Partner

Maintaining procedural fairness in administrative decision making can be challenging, particularly where decisions often adversely affect an individual’s rights, interests or professional standing. The recent decision of the Supreme Court of New South Wales in Albaf v NSW Education Standards Authority sheds light on the obligations of institutions to exercise any decision-making power in accordance with the principles of procedural fairness.

Strengthening School Community Safety in NSW: Amendments to the Education Act 1990

By Valentyna Jurkiw, Special Counsel, Katie Zheng, Law Graduate, and Sonya Parsons, Partner

Proposed amendments to the Education Act 1990 (NSW) introduce new powers for schools to swiftly restrict harmful behaviour, both on-site and online, marking a significant step toward strengthening safety across school communities.

Clarification of the NSW non-government schools not-for-profit rules

By Sonya Parsons, Partner and Katie Zheng, Law Graduate

The recent review into s83C of the Education Act 1990 (NSW) promised changes to help clarify the not-for-profit rules for non-government schools in New South Wales.

Case Note: IZG2 v State of New South Wales; AXJ2 v State of New South Wales; KWM2 v State of New South Wales; BJS2 v State of New South Wales [2025] NSWSC 1366

By Sonya Parsons, Partner, Luke Geary, Partner, and Evangeline McCowage, Paralegal

Supreme Court of New South Wales guidance on operation of a school by religious entities

By Hudson Digby, Senior Associate and Sonya Parsons, Partner

Case Note: WJT v Trustees of the Marist Brothers; WXC3 v Trustees of the Marist Brothers; GAC v Trustees of the Marist Brothers (No 4) [2025] NSWSC 1017

By Sonya Parsons, Partner, Luke Geary, Partner, and Melanie Farry, Law Graduate

These proceedings involved a joint hearing of three claims where each of the plaintiffs alleged sexual and physical assault by their schoolteacher Graeme Stuart Hawkins in the 1990s.

Case Note: T2 (by his tutor T1) v State of New South Wales [2024] NSWSC 1347

By Sonya Parsons, Partner and Evangeline McCowage, Paralegal

A NSW school has been found to have been negligent in failing to take reasonable steps to avoid the risk of harm caused by a violent attack of bullying to a student with pre-existing psychiatric diagnoses.

Not-for-profit requirements for NSW non-government schools: Christian Community Ministries Ltd v Minister for Education and Early Learning [2023] NSWSC 272

By Sonya Parsons, Partner and Craig Gibson, Partner.

For-profit recommendations and non-government schools: judicial guidance on the operation of s83 of the Education Act 1990 (NSW)

By Sonya Parsons, Partner and Craig Gibson, Partner.

Recent months have seen non-government schools in many states face scrutiny from both regulators and the public around spending decisions.

Charities and Purpose-Driven Institutions

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