Famous Kids Family Day Care Pty Ltd v Secretary, Department of Education [2023] NSWCATAD 10

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Famous Kids Family Day Care Pty Ltd v Secretary, Department of Education [2023] NSWCATAD 10 Hearing dates: 6-8 September 2021, 12 November 2021; final submissions due 7 March 2022; Tribunal reconstituted 23 May 2022 Date of orders: 9 January 2023 Decision date: 09 January 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member S Davison, General Member Decision: The decision of the respondent to cancel the applicant's provider approval is confirmed. Catchwords: ADMINISTRATIVE LAW – Child protection - Children (Education and Care Services) National Law -Cancellation of provider approval – Whether applicant and its director are fit and proper persons to be involved in the provision of an education and care service – Whether applicant has breached a condition of the provider approval – Whether cancellation decision should be confirmed as a matter of discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Children (Education and Care Services) National Law (NSW) Children (Education and Care Services National Law Application) Act 2010 (NSW) Education and Care Services National Regulations (NSW) Cases Cited: 3 Angels Family Day Care Pty Ltd v Secretary, Department of Education [2017] NSWCATAD 265 Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 Briginshaw v Briginshaw (1938) 60 CLR 336; [1938] HCA 34 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 CTG v NSW Department of Education, Early Childhood and Care Directorate [2017] NSWCATAD 60 DBU v Secretary, Department of Education [2017] NSWCATAD 257 DPW v Secretary, Department of Education [2018] NSWCATAD 257 Hughes & Vale Pty Ltd v New South Wales (No 2) [1955] HCA 28; (1955) 93 CLR 127 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 Secretary, Department of Education v Early Childhood Education Australia Pty Ltd [2021] NSWCATAP 397 Secretary, NSW Department of Education v Gabriel's Family Day Care Pty Ltd [2021] NSWCATAP 263 Tanyous v Secretary, Department of Education [2018] NSWCATAD 197 Texts Cited: None cited Category: Principal judgment Parties: Famous Kids Family Day Care Pty Ltd (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: A Howell and G Diggins (Applicant) T Epstein (Respondent)