Kids Belong Family Daycare Pty Ltd v Department of Education [2021] NSWCATAD 112

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kids Belong Family Daycare Pty Ltd v Department of Education [2021] NSWCATAD 112 Hearing dates: 22 June; 23 July 2020 Date of orders: 6 May 2021 Decision date: 06 May 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member Decision: (1) The name of the applicant is amended to Kids Belong Family Daycare Pty Ltd. (2) The decision of the respondent, made on 14 February 2020, to cancel the applicant's provider authority is set aside and in substitution thereof a decision is made that the applicant's provider authority is suspended for a period of six (6) months, commencing as at the date of the publication of this decision. Catchwords: ADMINISTRATIVE LAW - Education and Care Services – cancellation of the applicant's provider approval on the ground of: (a) the applicant having breached a condition of its provider approval and (b) the continued provision of education and care services of the applicant would constitute an unacceptable risk to the safety of any child or class of children being educated and cared for by the approved education and care service of the applicant – whether in the circumstances it was more appropriate to suspend the applicant's provider approval Legislation Cited: Children (Education and Care Services) National Law (NSW) Children (Education and Care Services National Law Application) Act 2010 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: CYD v Secretary of the Department of Education NSW [2017] NSWCATAD 190 DBU v Secretary, Department of Education [2017] NSWCATAD 257 EEP v Secretary, Department of Education [2021] NSWCATAD 34 Two Cubed Pty Ltd v Secretary of the Department of Education NSW [2019] NSWCATAD 122 Texts Cited: Nil Category: Principal judgment Parties: Kids Belong Family Daycare Pty Ltd (Applicant) Department of Education (Respondent) Representation: Counsel: J Davidson (Respondent)