Gabriel’s Family Day Care Pty Ltd v Secretary, Department of Education [2023] NSWCATAD 191

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Gabriel's Family Day Care Pty Ltd v Secretary, Department of Education [2023] NSWCATAD 191 Hearing dates: 22, 23, 24 and 25 March 2022 Date of orders: 20 July 2023 Decision date: 20 July 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member S Davison, General Member Decision: 1) The decision of the Secretary of the Department of Education, made on 19 December 2019 to cancel the provider approval of Gabriel's Family Day Care Pty Ltd is set aside. Catchwords: ADMINISTRATIVE LAW – Children (Education and Care Services) – cancellation of provider approval on grounds the approved provider has breached a condition of the provider approval - (Children (Education and Care Services) National Law 2010 No 104a of (NSW) (National Law) s 31(e)) – multiple alleged breaches identified by officers of the Department of Education authorised under s 195 of the National Law while conducting compliance and monitoring visits to the principal office of the approved provider's family and day care service and educators registered with the approved provider's service – whether the alleged breaches are established - if established, whether the alleged breaches constituted an alleged systematic failure to comply with a condition of the provider approval Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children (Education and Care Services) National Law No 104a of 2010 (NSW) Children (Education and Care Services National Law Application) Act 2010 Civil and Administrative Tribunal Act 2013 (NSW) Education and Care Services National Regulations 2011(NSW) Evidence Act 1995 (NSW) Cases Cited: Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 BSR v Office of the Children's Guardian [2015] NSWCATAD 264 DBU v Secretary, Department of Education [2017] NSWCATAD 257 DCB v Secretary of the Department of Education NSW [2017] NSWCATAD 189 Eminem Kids Academy Pty Ltd v Secretary, Department of Education (No 2) [2023] NSWCATAD 49 Gabriel's Family Day Care Pty Ltd v Secretary Department of Education [2020] NSWCATAD 43 Gabriel's Family Day Care Pty Ltd v Secretary, Department of Education (No 2) [2020] NSWCATAD 249 Health Care Complaints Commission v Mikhail [2021] NSWCATOD 103 Secretary, NSW Department of Education v Gabriel's Family Day Care Pty Ltd [2021] NSWCATAP 263 Two Cubed Pty Ltd v Secretary of the Department of Education NSW [2019] NSWCATAD 122 Category: Principal judgment Parties: Gabriel's Family Day Care Pty Ltd (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: Mr J Bennett (Applicant) Mr D Birch (Respondent) Solicitors: Meridian Lawyers (Applicant) NSW Crown Solicitor (Respondent) File Number(s): 2020/00015386 Publication restriction: Pursuant to section 64(1)(a) of the Civil and Administrative Tribunal Act 2013, the publication or broadcast of the name of any child or educator mentioned in these proceedings or referred to in the documentary material lodged in these proceedings is prohibited without the consent of the Tribunal. Note: a reference to the name of a person includes a reference to any information, picture or other material that identifies the person or is likely to lead to the identification of the person