Anchor Consolidated Holdings Pty Ltd v Secretary, Department of Education [2023] NSWCATAD 279

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Anchor Consolidated Holdings Pty Ltd v Secretary, Department of Education [2023] NSWCATAD 279 Hearing dates: On the papers Date of orders: 26 October 2023 Decision date: 26 October 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: S Higgins, Senior Member F Duffy, General Member Decision: The decision of the respondent, made on 29 July 2022, 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 the applicant did not operate any education and care service for a period of more than 12 months – Whether cancellation decision should be confirmed as a matter of discretion Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Children (Education and Care Services) National Law (NSW) Education and Care Services National Regulations (2011 SI 653) Cases Cited: Al Hamid (t/as Paradise for Children) v Secretary, Department of Education [2018] NSWCATAD 74 CVM v Secretary, Department of Education [2017] NSWCATAD 108 CVT v NSW Department of Education & Communities, Early Childhood Education & Care Directorate [2017] NSWCATAD 74 CTG v NSW Department of Education, Early Childhood and Care Directorate [2017] NSWCATAD 60 DBU v Secretary, Department of Education [2017] NSWCATAD 257 Forever Family Day Care Pty Ltd v Secretary, Department of Education [2022] NSWCATAD 185 Long Life Family Daycare v Director-General, Education Directorate [2016] ACAT 69 Two Cubed Pty Ltd v Secretary of the Department of Education NSW [2019] NSWCATAD 122 Texts Cited: None cited Category: Principal judgment Parties: Anchor Consolidated Holdings Pty Ltd (Applicant) Secretary, Department of Education (Respondent) Representation: Solicitors: R Soryal, agent (Applicant) Crown Solicitor (Respondent) File Number(s): 2022/00248574 Publication restriction: Nil