Foundations Care Ltd v Children’s Guardian [2020] NSWCATAD 224

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Foundations Care Ltd v Children's Guardian [2020] NSWCATAD 224 Hearing dates: 17-21 and 24 February 2020; final submissions provided 1 May 2020 Date of orders: 09 September 2020 Decision date: 09 September 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) The respondent's decision to suspend the accreditation of the applicant is set aside. (2) In substitution for the respondent's decision, the applicant's accreditation is cancelled. (3) The cancellation of the applicant's accreditation is to take effect on 9 December 2020. (4) The stay of the suspension decision is continued until the cancellation decision takes effect. (5) The parties have liberty to apply should any issues arise in respect of the implementation of Order 3. Catchwords: ADMINISTRATIVE REVIEW – Child Protection – Where respondent made decision to suspend accreditation of applicant as a designated agency – Whether applicant compliant with child safe standards – Correct and preferable decision – Whether accreditation should be suspended or cancelled Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Children and Young Persons (Care and Protection) Regulation 2012 (NSW) Children's Guardian Act 2019 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 (NSW) Ombudsman Act 1974 (NSW) Cases Cited: Arthur Yates & Co Pty Ltd v Vegetable Seeds Committee (1945) 72 CLR 37 Minister for Aboriginal Affairs v Peko-Wallsend (1986) 162 CLR 24 Shi v Migration Agents' Registration Authority (2008) 235 CLR 286 Texts Cited: None cited Category: Principal judgment Parties: Foundations Care Ltd (Applicant) Children's Guardian (Respondent) Representation: Counsel: R Reitano (Applicant) M Gaven (Respondent)