EEP v Secretary, Department of Education [2021] NSWCATAD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: EEP v Secretary, Department of Education [2021] NSWCATAD 34 Hearing dates: 23 and 24 September 2020 Date of orders: 17 February 2021 Decision date: 17 February 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: C Mulvey, Senior Member Decision: 1. The decision of the Respondent made on 31 January 2020 is set aside and in substitution thereof the provider approval is amended in accordance with order 2. 2. The Tribunal imposes the following conditions in relation to the provider approval for EEP pursuant to s 19 of the Children (Education and Care Services) National Law (NSW) and s 58 of the Civil & Administrative Tribunal Act: (a) EEP must not engage more than 30 educators at any one time. Catchwords: ADMINISTRATIVE REVIEW – Education and Care Services National Law – family day care - service approval – breach of condition of approval. Legislation Cited: Administrative Decisions Review Act 1997 Children (Education and Care Services) National Law (NSW) Children (Education and Care Services) National Law Application Act 2010 Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: ALH Group Pty Limited v Dioceses Toowong Pty Limited (2002) QSC 396; (2003) 2 QDR 1 Bowen-James v Delegate of Director-General of Department of Health (1992) 27 NSWLR 457 Carr v Simonovic (1980) 26 SASR 263 Collector of Customs (Tas) v Flinders Island Community Association (1985) FCA 232; (1985) 7 FCR 205 DBU v Secretary, Department of Education (2017) NSWCATAD 257 Drake v Minister for Immigration and Ethnic Affairs (179) 24 ALR 577 Frugtnient v Administrative Decisions Tribunal (Appeal Panel) & Anor (2005) NSWCA 257 Hall v New South Wales Trotting Club Limited (1977) 1 NSWLR 378 Hughes & Vail Pty Limited v New South Wales (No 2) (1955) HCA 28 Kendrick v Secretary of Department of NSW (2009) NSWCATAD 45 Maloney v New South Wales National Coursing Association Limited (1978) 1 NSWLR 161 Neat Holdings Pty Limited v Karajan Holdings Pty Limited (1992) HCA 66; (1992) 67 ALJR 170; (1992) 110 ALR 449 New South Wales Bar Association v Muirhead (1988) 14 NSWLR 173 Re Control Investments Pty Limited v Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88 Shi v Migration Agents Registration Authority (2008) HCA 31 TwoQ Pty Limited v Secretary of the Department of Education NSW (2019) NSWCATAD 122 Category: Principal judgment Parties: EEP (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: J Mee (Applicant) M Dalla-Pozza (Respondent)