Eminem Kids Academy Pty Ltd v Secretary, Department of Education (No 2) [2023] NSWCATAD 49

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Eminem Kids Academy Pty Ltd v Secretary, Department of Education (No 2) [2023] NSWCATAD 49 Hearing dates: 15-17 August 2022, 07 September 2022 Date of orders: 08 March 2023 Decision date: 08 March 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member J Herberte, General Member Decision: (1) The decision by the Secretary of the Department of Education on 16 March 2022 to cancel the provider approval of Eminem Kids Academy is set aside. (2) The stay order made on 7 September 2022 will be rescinded on 10 April 2023. (3) The provider approval PR-00004107 granted to Eminem Kids Academy on 1 September 2009 is amended to include the following condition: (a) Eminem Kids Academy is licensed to accept enrolments only for children between the ages of 0-6 who do not attend school. Catchwords: ADMINISTRATIVE LAW – ground of review other than procedural fairness – education and care services – national law – review of decision to cancel provider approval – decision stayed – remediation – decision set aside – provider approval condition amended Legislation Cited: Children (Education and Care Services) National Law (NSW), ss 3, 12(2), 13, 15(2), 19, 22, 31, 33, 51(4A), 162(1), 162A, 165(1), 167(1), 168(1), 169(1), 172, 174, 175(1), 192(b)(ii) Children (Education and Care Services National Law Application) Act 2010, s 8 Civil and Administrative Tribunal Act 2013 (NSW), ss 29, 35, 36, 58 Education and Care Services National Regulations 2011 (NSW), regs 78(1), 80(1), 84, 89(1), 92, 97, 99, 100, 101, 102, 102B, 102C, 102D, 103, 109, 117B(1), 123, 145, 146, 147, 150, 151, 156, 158, 160, 162, 168(2), 170(1), 173, 174(2)(b), 175(2)(a), 176, 177, 185, 191, 271(2), 274A Cases Cited: DAM v NSW Department of Education and Communities [2017] NSWCATAD 175 DBU v Secretary, Department of Education [2017] NSWCATAD 257 DCB v Secretary of the Department of Education NSW [2017] NSWCATAD 189 Kendrick v Secretary of the Department of Education NSW [2019] NSWCATAD 45 Secretary, Department of Education v Early Childhood Education Australia Pty Ltd [2021] NSWCATAP 397 Two Cubed Pty Ltd v Secretary of the Department of Education NSW [2019] NSWCATAD 122 Texts Cited: Australian Children's Education & Care Quality Authority, Guide to the National Quality Framework, (February 2018, updated March 2023) Category: Principal judgment Parties: Eminem Kids Academy Pty Ltd (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: J R Bennett (Applicant) E Jones (Respondent)