Trustees of the Roman Catholic Church v NSW Department of Education [2023] NSWSC 800

Supreme Court New South Wales

Medium Neutral Citation: Trustees of the Roman Catholic Church v NSW Department of Education [2023] NSWSC 800 Hearing dates: 21 June 2023 Date of orders: 21 June 2023 Decision date: 07 July 2023 Jurisdiction: Common Law Before: Fagan J Decision: 1. Order in terms of paragraph 1 of the Summons. 2. Defendant pay the plaintiff's costs. Catchwords: STATUTORY INTERPRETATION – Children (Education and Care Services) National Law 2010 (NSW) – where delegate of regulator issued to plaintiff/authorised childcare provider a compliance notice – where original compliance notice alleged multiple breaches of provisions of the Act – where plaintiff sought internal review of decision to issue compliance notice – where second delegate of department conducted internal review – decision to "confirm" original notice but where particulars of alleged breaches materially different to original – where plaintiff sought internal review of secondary notice – issuance of second compliance notice amounted to fresh exercise of statutory power rather than confirmation of previous exercise – amenable to internal review Legislation Cited: Children (Education and Care Services) National Law 2010 (NSW) Children (Education and Care Services National Law Application) Act 2010 (NSW) Education and Care Services National Regulations (2011) Category: Principal judgment Parties: Trustees of the Roman Catholic Church for the Diocese of Maitland-Newcastle on behalf of St Nicholas Early Education trading as St Nicholas Early Education (plaintiff) Department of Education (defendant) Representation: Counsel: G Antipas (plaintiff) D Birch (defendant)