Al-Huda Pty Limited v Secretary, Department of Education, Skills and Employment [2020] FCA 1613

Federal Court of Australia

Al-Huda Pty Limited v Secretary, Department of Education, Skills and Employment [2020] FCA 1613 Appeal from Application for judicial review: Al-Huda Pty Ltd and Secretary, Department of Education and Training [2020] AATA 2002

File number(s): NSD 821 of 2020

Judgment of: RARES J

Date of judgment: 16 October 2020

Catchwords: ADMINISTRATIVE LAW – appeal on a question of law from decision of Administrative Appeals Tribunal to cancel applicant's status as approved provider of child care services under s 195H(1) of A New Tax System (Family Assistance) Administration Act 1999 (Cth) – whether Tribunal erred in finding for the purposes of s 52(3)(d) and (4)(b)(ii) of the Child Care Subsidy Minister's Rules 2017 (Cth) that applicant's non-compliance involved reckless giving of inaccurate, false or misleading information or indicated a deliberate or reckless disregard for obligation to comply with regulatory condition – whether Tribunal erred in failing to explain its understanding of what "reckless" meant when finding applicant reckless – where consideration of whether applicant reckless was mandatory relevant consideration – failure to correctly consider mandatory relevant consideration was a material jurisdictional error – appeal allowed WORDS AND PHRASES – "deliberate or reckless" – "deliberate or reckless disregard"

Legislation: Administrative Appeals Tribunal Act 1975 (Cth), s 44 A New Tax System (Family Assistance) (Administration) Act 1999 (Cth), s 195H Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Rules 2017 Child Care Subsidy Minister's Rules 2017 (Cth), s 7 Child Care Subsidy Minister's Rules 2017 (Cth), s 52