Eminem Kids Academy Pty Ltd v Secretary, Department of Education [2022] NSWCATAD 126

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eminem Kids Academy Pty Ltd v Secretary, Department of Education [2022] NSWCATAD 126 Hearing dates: 12 April 2022 Date of orders: 12 April 2022 Decision date: 19 April 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: T Simon, Principal Member Decision: (1) The Decision made on 16 March 2022 to cancel provider approval is stayed pending further order of the Tribunal on the following conditions: (a) The service is not to take new enrolments; (b) The service is not to undertake advertising for new enrolments; (c) The service is not to provide transportation to, or arrange transportation for, children attending the service; (d) The service is to undertake attendance and ratio check at 10 am and 4pm each day and record the same, providing records of the attendance and ratio checks to the Department by 10am the next business day commencing immediately; (e) The service is not to provide education and care to more than 49 children at any time; (f) The service is to undertake twice daily checks of the attendance records to ensure that they are being accurately completed. Any discrepancies are to be recorded and reported to the Department by 10am the next business day commencing immediately; (g) The service is to provide the Department with all educator staffing records and to advise within 24 hours of any new staff employment and to provide educator staffing records for the same within 48 hours; (h) The service is to provide (if it has not yet provided) to the Department, evidence of the security of the outdoor play area, including photographs of all entry and exit points being secure; (i) The service is to provide copies of all daily indoor and outdoor service checklists which detail that the service has been checked for safety and the protection of children from harms and hazards; and (j) The applicant is not to open the Mary Street Service or use the associated service approval. 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: Children (Education and Care Services National Law Application) Act 2010 Children (Education and Care Services) National Law 2010 Civil and Administrative Tribunal Act 2013 (NSW) Education and Care Services National Regulations 2011 Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Burriss v Hallit [2014] NSWCATAP 39 Early Childhood Education Australia Pty Ltd v Secretary, Department of Education (NSW) [2020] NSWCATAD Category: Procedural rulings Parties: Eminem Kid Academy Pty Ltd (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: J Bennet (Applicant)