Mother’s Choice Family Day Care Pty Ltd v Secretary, Department of Education [2020] NSWCATAD 194

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Mother's Choice Family Day Care Pty Ltd v Secretary, Department of Education [2020] NSWCATAD 194 Hearing dates: 26 June 2020 Date of orders: 26 June 2020 Decision date: 31 July 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: The decision made on 15 June 2020 to cancel the provider approval of Mother's Choice Family Day Care Pty Ltd under s 33(1)(a)(i) of the Children (Education and Care Services) National Law (NSW) is stayed pending further order of the Tribunal on the following conditions: (1) Mother's Choice Family Day Care Pty Ltd is prohibited from enrolling more than 100 children at Kids Choice Family Day Care Pty Ltd at any one time. (2) Mother's Choice Family Day Care Pty Ltd is prohibited from engaging or registering more than 17 educators with Kids Choice Family Day Care Pty Ltd. (3) Mother's Choice Family Day Care Pty Ltd is to suspend the provision of education and care by the following educators: Aliaa Kobbanchi, Nabila Quadrat, Chania El Mir, Shaista Khan, Maryan Mohamed and Shukira Abubeker. (4) Mother's Choice Family Day Care Pty Ltd is prohibited from engaging and registering Waad Elchehni with Kids Choice Family Day Care Pty Ltd. (5) Mother's Choice Family Day Care Pty Ltd is to provide proof of the suspensions arising under condition (3) to the respondent by 5:00 pm on 30 June 2020. Catchwords: ADMINISTRATIVE LAW - Children (Education and Care Services) National Law (NSW) – decision to cancel provider approval by the regulatory authority –stay sought – relevant principles - stay granted on conditions. Legislation Cited: Children (Education and Care Services) National Law Children (Education and Care Services) National Law (NSW) Children (Education and Care Services National Law Application) Act 2010 Civil and Administrative Tribunal Act 2013 Education and Care Services National Regulations Cases Cited: 3 Angels Family Day Care Pty Ltd v Secretary, Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Department of Education [2017] NSWCATAD 265 DPW v Secretary, Department of Education [2018] NSWCATAD 257 Faaea v Secretary, Department of Education [2018] NSWCATAD 85 Liu v Chinese Medicine Council of NSW [2019] NSWCATOD 13 New South Wales Bar Association v Stevens [2003] NSWCA 95 Category: Procedural and other rulings Parties: Mother's Choice Family Day Care Pty Ltd (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: S Gaussen (Applicant) JE Curtin (Respondent)