Forever Family Day Care Pty Ltd v Secretary, Department of Education [2021] NSWCATAD 318

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Forever Family Day Care Pty Ltd v Secretary, Department of Education [2021] NSWCATAD 318 Hearing dates: 27 October 2021 Date of orders: 28 October 2021 Decision date: 28 October 2021 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member Decision: (1) The application for a stay is dismissed. Catchwords: REVIEW OF DECISION BY EXTERNAL DECISION-MAKER — decision to cancel provider approval by the regulatory authority under section 33 of the Children (Education and Care Services) National Law (NSW) PRACTICE AND PROCEDURE — stay of the decision under appeal — factors relevant to exercise of the power to stay decision under section 43 of the Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) Children (Education and Care Services) National Law 2010 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Al Hamid v Secretary, Department of Education [2018] NSWCATAD 74 Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Burriss v Hallit [2014] NSWCATAP 39 DBU v Secretary, Department of Education [2017] NSWCATAD 257 Early Childhood Education Australia Pty Ltd v Secretary, Department of Education (NSW) [2020] NSWCATAD Category: Procedural rulings Parties: Forever Family Day Care Pty Ltd (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: T Liu (Applicant) Solicitors: Mills Oakley (Applicant) Crown Solicitor (Respondent) File Number(s): 2021/00299046 Publication restriction: None