Tiny Town Childcare Centre (Portjazz Pty Ltd) v Secretary, Department of Education [2023] NSWCATAD 321

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Tiny Town Childcare Centre (Portjazz Pty Ltd) v Secretary, Department of Education [2023] NSWCATAD 321 Hearing dates: 8 November 2023 Date of orders: 8 November 2023 Decision date: 12 December 2023 Jurisdiction: Administrative and Equal Opportunity Division Before: Cole DCJ, Deputy President Decision: (1) Pursuant to s 43(3) of the Civil and Administrative Tribunal Act, the decision of the respondent dated 25 October 2023 is stayed until further order on condition that the applicant: (a) Comply with the Children (Education and Care Services) National Law (NSW) and the Education and Care Services National Regulations (NSW). (b) Not accept new enrolments of children at the service. (c) Not provide education and care services to more than 15 children at any point in time from 31 December 2023. (d) Not conduct any excursions outside the centre premises. (e) Arrange for a professional cleaner to: i. Clean the indoor and outdoor environments of the centre premises prior to any further education and care service being provided; ii. Provide evidence of compliance with condition 4(d)(i) to the NSW Department of Education. (f) Undertake a comprehensive assessment of the indoor and outdoor areas, furniture and equipment to ensure that it is safe, clean and in good repair and provide evidence to the Department by 5pm on 17 November 2023. (g) Undertake a review of the staffing arrangements to ensure that the educator child ratios are maintained in accordance with regulation 126(1)(a) of the Regulations and provide evidence to the Department by 5pm on 17 November 2023. (h) Provide training to the staff on the service's safe sleep and rest policy, and provide evidence to the Department, by 5pm on 22 November 2023. (i) Conduct safe sleep and rest audits each month to ensure staff are following the policy, and submit a copy of the audit to the Department at the conclusion of each month. (j) Ensure all staff have undertaken training in the appropriate management of children's behaviour by a recognised training organisation and provide evidence to the Department by 5pm on 30 November 2023. (k) Ensure that Ms De Klerk undertake the Quality Support Program, delivered by Australian Children's Education and Care Quality Authority at the next available opportunity, and provide evidence of enrolment in the program by 30 November 2023. Catchwords: ADMINISTRATIVE LAW — Children (Education and Care Services) National Law (NSW) — decision to cancel provider approval by the regulatory authority — stay sought — relevant principles — stay granted on conditions. Legislation Cited: Children (Education and Care Services) National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Education and Care Services National Regulations (2011) Cases Cited: Mother's Choice Family Day Care Pty Ltd v Secretary, Department of Education [2020] NSWCATAD 194 Category: Procedural rulings Parties: Tiny Town Childcare Centre (Portjazz Pty Ltd) (Applicant) Secretary, Department of Education (Respondent) Representation: Solicitors: Birchgrove Legal (Applicant) Crown Solicitor (Respondent) File Number(s): 2023/00351726 Publication restriction: None