Secretary, Department of Education v Early Childhood Education Australia Pty Ltd [2021] NSWCATAP 397

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Secretary, Department of Education v Early Childhood Education Australia Pty Ltd [2021] NSWCATAP 397 Hearing dates: 2 & 3 September 2021 Date of orders: 10 December 2021 Decision date: 10 December 2021 Jurisdiction: Appeal Panel Before: S Westgarth, Deputy President G Furness SC, Senior Member Decision: (1) The appeal is allowed. (2) The order made by the Tribunal on 4 May 2021 is set aside. (3) The proceedings are remitted to a differently constituted Tribunal for determinations based upon the evidence already adduced to the Tribunal and such further evidence, if any, as the Tribunal may allow. (4) The decision made by the delegate of the appellant on 26 March2020 to cancel the respondent's provider approval is stayed until the redetermination of the proceedings by the Tribunal but on the basis that until further order of the tribunal the Respondent complies with the orders made in the Conditions Decision. Catchwords: ADMINISTRATIVE LAW - s 31(a) and (e) Children (Education and Care Services) National Law-cancellation of provider approval APPEAL - Statutory construction-adequacy of reasons-whether the Tribunal erred in failing to deal with the essence of the case for cancellation. Legislation Cited: Children (Education & Care Services) National Law Application) Act 2010 Children (Education & Care Services) National Law (NSW) Education & Care Services National Regulations (NSW) Cases Cited: Collins v Urban [2014] NSWCATAP 17 Jessica Education Centre Pty Ltd v Secretary, Department of Education [2020] NSWCATAD 99 Kids Belong Family Daycare Pty Ltd v Department of Education [2021] NSWCATAD 112 NSW Land & Housing Corporation v Orr [2019] NSWCA 231 Stead v State Government Insurance Commission (1986) 161 CLR 141 Texts Cited: None cited Category: Principal judgment Parties: Secretary, Department of Education (Appellant)