TAFE taken to Supreme Court over exemption applications

Federation is supporting two TAFE students to take action in the Supreme Court against the NSW TAFE Commission for its alleged failure to accept application forms for exemption from fees.

The students are seeking an order that TAFE must consider applications for non-standard fee exemptions. That is, it is unlawful to refuse to physically accept, process and consider applications.

A student from Randwick TAFE versus the NSW TAFE Commission case was listed as a directions hearing before a Registrar in the Supreme Court of NSW on February 9 and the Registrar listed the matter for a directions hearing on March 1.

The student alleges the TAFE Commission failed to accept, process and consider his application for an exemption from fees. He seeks an exemption on the basis that the 2004 fees are too high.

The order seeks to require the NSW TAFE Commission to consider and make a determination under section 7(1) H of the Technical and Further Education Commission Act 1990 (NSW) about the student's application.

The Ultimo TAFE student George Samuel versus the TAFE Commission case was listed for February 13.

Mr Samuel alleges he was evicted from Ultimo TAFE on January 29 after trying to make an application for an exemption of fees based on hardship. He alleges the Sydney Institute of TAFE refused to accept or process Mr Samuel's application. Eventually he succeeded in getting the guard to take his application form.

On January 23 Industrial Relations Commission's Justice Boland directed the Department of Education and Training to "take all practical steps that are available to it in the time available to further advertise the opportunity to gain exemption" from fees.

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Last Modified: 15 Nov 2005