National Education Childcare Services P/L v Secretary Department of Education [2024] NSWCATAD 105

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: National Education Childcare Services P/L v Secretary Department of Education [2024] NSWCATAD 105 Hearing dates: 6 October 2023, 30 November 2023 Date of orders: 19 April 2024 Decision date: 19 April 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Dr F Duffy, Senior Member Decision: (1) The decision of the respondent is affirmed. Catchwords: EDUCATION and Care Services National Law – Operator approval – Fit and proper – whether applicant possesses sufficient knowledge skill and experience to be considered fit and proper- whether application and assessment process was unfair – merits review Legislation Cited: Administrative Decisions Review Act 1997 Children (Education and Care Services) National Law (NSW) No 104a Children (Education and Care Services National Law Application) Act 2010 Civil and Administrative Tribunal Act 2013 Civil and Administrative Tribunal Rules 2013 Education and Care Services National Regulations 2011 Cases Cited: Australian Broadcasting Tribunal v Bond (1980) HCA 33 170 CLR 380 CYU v Secretary Department of Education [2017] NSWCATAD 290 CYD v Secretary of the Department of Education NSW [2017] NSWCATAD 190 CZR v Department of Education, Early Childhood and Care Directorate [2017] NSWCATAD 282 Hughes v Vale Pty Ltd v NSW (No.2) [1955] HCA 28; (1955) 93 CLR 127 Texts Cited: None cited Category: Principal judgment Parties: National Education Childcare Services P/L (Applicant) Secretary Department of Education (Respondent) Representation: Counsel: M Vincent (Applicant)