Global Family Day Care Pty Ltd v Secretary Department of Education [2020] NSWCATAD 248

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Global Family Day Care Pty Ltd v Secretary Department of Education [2020] NSWCATAD 248 Hearing dates: 9 July 2020, 10 July 2020, 13 July 2020 Date of orders: 14 October 2020 Decision date: 14 October 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer Senior Member L Houlahan Senior Member Decision: The decision of the respondent dated 17 January 2020 is confirmed. Catchwords: EDUCATION and Care Services National Law – Provider approval – Breach of condition of approval – Objects and Principles of National Law – Children – Childcare Services –– Safety and Wellbeing of Children- Cancellation of service approval – Stay of Service approval – fit and proper person to be operator of family day care service – history of non compliance – whether conditions on approval appropriate Legislation Cited: A New Tax System (Family Assistance (Administration) Act 1999 (Cth) Administrative Decisions Review Act 1997 Children (Education and Care Services) National Law (NSW) No 104a Children (Education and Care Services National Law Application) Act 2010 No 104 Children (Education and Care Services) Supplementary Provisions Regulation 2012 Civil and Administrative Tribunal Act 2013 Education and Care Services National Regulations Cases Cited: Australian Broadcasting Tribunal v Bond (1980) HCA 33 170 CLR 380 CTG v NSW Department of Education, Early Childhood and Care Directorate [2017] NSWCATAD 60 CYD v Secretary of the Department of Education NSW [2017] NSWCATAD 190 CZR v Department of Education, Early Childhood and Care Directorate [2017] NSWCATAD 282 DBU v Secretary, Department of Education [2017] NSWCATAD 257 Jessica Education Centre Pty Ltd (KA Family Day Care) v Secretary Department of Education [2020] NSWCATAD 99 Hughes v Vale Pty Ltd v NSW (No.2) [1955] HCA 28; (1955) 93 CLR 127 Kendrick v Secretary of the Department of Education NSW [2019] NSWCATAD 45 Nilufar v Secretary, Department of Education [2020] NSWCATAD 37 Two Cubed Pty Ltd v Secretary of the Department of Education NSW [2019] NSWCATAD 122 Texts Cited: Nil Category: Principal judgment Parties: Global Family Day Care Pty Limited (Applicant) Secretary Department of Education (Respondent) Representation: Counsel: J Bennett (Applicant) C Trahanas (Respondent)