Forever Family Day Care Pty Ltd v Secretary, Department of Education [2022] NSWCATAD 185

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Forever Family Day Care Pty Ltd v Secretary, Department of Education [2022] NSWCATAD 185 Hearing dates: 24 – 25 February 2022 Date of orders: 7 June 2022 Decision date: 07 June 2022 Jurisdiction: Administrative and Equal Opportunity Division Before: D Jay, Senior Member M E Bolt, General Member Decision: (1) The decision of the respondent on 15 October 2021 to cancel FFDC's provider approval pursuant to s 31(f) of the National Law is confirmed. (2) The application for review filed 21 October 2021 is dismissed. Catchwords: ADMINISTRATIVE LAW – (NSW) Children (Education and Care Services) National Law – Cancellation of provider approval – Approved provider did not operate any education and care service for more than 12 months – Childcare Services – Administrative review jurisdiction – What is the correct and preferable decision – Whether the Tribunal should uphold the decisions or substitute a decision – Correct and preferable decisions Legislation Cited: (NSW) Children (Education and Care Services) National Law) Application Act 2010 ss 3, 5(1), 31(f), 32, 33(1)(a)(i), 36, 192, 193 and 194 (Cth) A New Tax System (Family Assistance) (Administration) Act 1999 s 195 Cases Cited: Forever Family Day Care Pty Ltd v Secretary, Department of Education [2021] NSWCATAD 318 Montessori Stars Pty Ltd v Secretary, Department of Education [2021] NSWCATAD 295 DBU v Secretary, Department of Education [2017] NSWCATAD 257 Briginshaw v Briginshaw (1938) 60 CLR 336 3 Angels Family Day Care Pty Ltd v Secretary, Department of Education [2017] NSWCATAD 265 Al Hamid (t/as Paradise for Children) v Secretary Department of Education [2018] NSWCATAD 74 Re Zarb and Comcare (1997) 48 ALD 718 Davids v Federal Commissioner of Taxation (2000) 171 ALR 654 at [65] Mr Boat Pty Ltd v Federal Commissioner of Taxation (1986) 86 ATC 4689 Yaraka Holdings Pty Ltd v Gilijevic [2006] ACTCA 6 Long Life Family Daycare v Director-General, Education Directorate [2016] ACAT 69 CGT v NSW Department of Education, Early Childhood and care Directorate [2017] NSWCATAD 60 Texts Cited: Macquarie Dictionary (2022 Online Ed) Category: Principal judgment Parties: Forever Family Day Care Pty Ltd (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: T Liu, (Applicant)