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Crown To Appeal Special Education Case

30 April 2002

Education Minister Trevor Mallard has announced today that the Crown will appeal the High Court decision in the Daniels’ case.

“The High Court ruling is broad and has serious ramifications, not only for education, but for other aspects of public policy, leaving the Crown with no choice but to appeal. Today’s announcement will be of no surprise to those who have studied the decision in detail,” Trevor Mallard said.

Trevor Mallard said that the decision was not taken lightly, and was based on the advice of the Solicitor-General. The Minister said that he was sorry that this meant a further wait for those parents of students who had taken the case.

“Unfortunately, the High Court decision has broken new ground, and created potential for litigation in areas which the courts have traditionally avoided. This makes the decision of constitutional significance that goes well beyond the issue of special education and the individual cases involved here.

“A Court of Appeal ruling on these matters will be valuable in establishing the parameters of any legislation that may required in the future,” Trevor Mallard said.

“I believe that the Crown has acted within the law in implementing special


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