Montessori Stars Pty Ltd v Secretary, Department of Education [2021] NSWCATAD 295

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Montessori Stars Pty Ltd v Secretary, Department of Education [2021] NSWCATAD 295 Hearing dates: 30 June 2021 Date of orders: 13 October 2021 Decision date: 13 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member R Royer, General Member Decision: 1. The decision to refuse an application for provider approval on 7 December 2020 to Montessori Stars Pty Ltd reviewed and affirmed by way of internal review decision dated 3 March 2021 is confirmed. 2. The application for review filed 24 February 2021 is dismissed. Catchwords: ADMINISTRATIVE LAW- Education and Care Services National Law – review of decision to refuse provider approval - Objects and Principles of National Law – Children – Childcare Services – Administrative review jurisdiction – correct and preferable decision - whether the Tribunal should uphold and confirm the decision or substitute decision. Legislation Cited: Administrative Decisions Review Act 1997(NSW) Children (Education and Care Services National Law Application) Act 2010 (NSW) Children (Education and Care Services) National Law (NSW) No 104a Children (Education and Care Services) Supplementary Provisions Act 2011 (NSW) Children (Education and Care Services) Supplementary Provisions Regulation 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Education and Care Services National Regulations 2011 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 231 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Bronze Wing Ammunition Pty Limited v SafeWork NSW (No 2) [2016] NSWSC 988 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 CMD v NSW Office of the Children's Guardian [2018] NSWSC 1348 Collector of Customs (Tas) v Flinders Island Community Association (1985) 7 FCR 205 CTG v NSW Department of Education Early Childhood and Care Directorate [2017] NSWCATAD 60 CTZ v NSW Department of Education, Early Childhood Education and Care Directorate [2017] NSWCATAD 132 CVM v New South Wales Department of Education, Early Childhood Education & Care Directorate [2017] NSWCATAD 108 CVN v New South Wales Department of Education, Early Childhood Education & Care Directorate [2017] NSWCATAD 109 CVT v NSW Department of Education & Communities, Early Childhood Education & Care Directorate [2017] NSWCATAD 74 CYU v Secretary, Department of Education [2017] NSWCATAD 290 CZR v NSW Department of Education, Early Childhood Education and Care Directorate [2017] NSWCATAD 282 DBU v Secretary, Department of Education [2017] NSWCATAD 257 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Frugtnient v Administrative Decisions Tribunal (Appeal Panel) & Anor [2005] NSWCA 257 Gabriel's Family Day Care Pty Ltd v Secretary, Department of Education [2020] NSWCATAD 43 Greyhound Racing Authority v Bragg [2003] NSWCA 388 Hall v New South Wales Trotting Club Ltd [1977] 1 NSWLR 378 Hughes & Vale Pty Ltd v New South Wales (No 2) [1955] HCA 28; (1955) 93 CLR 127 Karakatsanis v Racing Victoria Ltd [2013] VSCA 305; (2013) 42 VR 176 Kendrick v Secretary of the Department of Education NSW [2019] NSWCATAD 45 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32 Maloney v New South Wales National Coursing Association Ltd [1978] 1 NSWLR 161 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 New South Wales Bar Association v Muirhead (1988) 14 NSWLR 173 Nilofar v Secretary Department of Education [2020] NSWCATAD 37 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 Tanyous v Secretary, Department of Education [2018] NSWCATAD 197 YG & GG v Minister for Community Services [2002] NSWCA 247 Category: Principal judgment Parties: Montessori Stars Pty Ltd (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: M Pulsford (Respondent)