Kumar v Secretary Department of Education [2021] NSWCATAP 411

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Kumar v Secretary Department of Education [2021] NSWCATAP 411 Hearing dates: 8 and 24 March 2021 - submissions closed 8 July 2021 Date of orders: 20 December 2021 Decision date: 20 December 2021 Jurisdiction: Appeal Panel Before: C Mulvey, Senior Member R Royer, General Member Decision: The decision of the Respondent made on 28 September 2020 is affirmed. Catchwords: ADMINISTRATIVE REVIEW – Education and Care Services National Law – early learning childcare centre – educator - prohibition notice – risk of harm to children Legislation Cited: Child Protection (Working With Children) Act 2012 Children (Education and Care Services) National Law Cases Cited: CMD v NSW Office of the Children's Guardian (2018) NSWSC 1348 DBU v Secretary, Department of Education [2017] NSWCATAD 257 Global Family Day Care Limited v Secretary, Department of Education [2020] NSWCATAD 248 Kendrick v Secretary of the Department of Education NSW [2019] NSWCATAD 45 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 Nilufar v Secretary, Department of Education [2020] NSWCATAD 37 Two Cubed Pty Limited v Secretary of the Department of Education NSW [2019] NSWCATAD 122 Yousef v NSW Vehicle Services Commissioner (2020) NSWCATOD 85 Category: Principal judgment Parties: Mary Magderllen Kumar (Applicant) Secretary Department of Education (Respondent) Representation: Counsel: Mr Gillett (Applicant) Ms New (Respondent)