NSW Caselaw
Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Sumer Child Care Pty Ltd v Secretary, Department of Education [2021] NSWCATAD 42 Hearing dates: 14, 18 September, 19, 23,26 October 2020 Date of orders: 1 March 2021 Decision date: 01 March 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: In substitution for the decision by the Secretary of the Department of Education on 8 May 2020 to cancel the provider approval for Sumer Child Care Pty Ltd, the Tribunal orders that the provider approval for Sumer Child Care Pty Ltd should not be cancelled. Catchwords: Administrative Law – Education and Care Services – National Law – Review of decision to cancel provider approval – Breach of condition of approval – History of non-compliance – Decision stayed – Remediation Legislation Cited: Children (Education and Care Services) National Law (NSW) No 104a Children (Education and Care Services National Law Application) Act 2010 NSW Civil and Administrative Tribunal Act 2013 Education and Care Services National Regulations 2011 (NSW) Cases Cited: DBU v Secretary, Department of Education [2017] NSWCATAD 257) Kendrick v Secretary of the Department of Education NSW [2019] NSWCATAD 45 Two Cubed Pty Ltd v Secretary of the Department of Education NSW [2019] NSWCATAD 122 Category: Principal judgment Parties: Sumer Child Care Pty Ltd (Applicant)
Secretary, NSW Department of Education (Respondent) Representation: Counsel:
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