GFQ v Secretary, Department of Education [2024] NSWCATAD 237

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: GFQ v Secretary, Department of Education [2024] NSWCATAD 237 Hearing dates: 21 June 2024 Date of orders: 14 August 2024 Decision date: 14 August 2024 Jurisdiction: Administrative and Equal Opportunity Division Before: J Redfern PSM, Senior Member L Porter, General Member Decision: The decision of the respondent on 10 January 2024 to issue a prohibition notice is confirmed. Catchwords: ADMINISTRATIVE LAW - provision of education and care services to children - prohibition notice issued – failure to report or co-operate with Regulatory Authority - whether there may be an unacceptable risk of harm to children - exercise of discretion - content of prohibition notice. Legislation Cited: Child Protection (Working with Children) Act 2012 (NSW) Children and Young Persons (Care and Protection) Act 1998 (NSW) Children (Education and Care Services National Law Application) Act 2010 (NSW) Children (Education and Care Services) National Law (NSW) Children (Education and Care Services) National Regulations Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: Al Hamid v Secretary, Department of Education [2018] NSWCATAD 74 DBU v Secretary, Department of Education [2017] NSWCATAD 257 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Kendrick v Secretary of the Department of Education NSW [2019] NSWCATAD 45 Nilufar v Secretary, Department of Education [2020] NSWCATAD 37 Shi v Migration Agents Registration Authority [2008] HCA 31; (2008) CLR 286 Category: Principal judgment Parties: GFQ (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: R Pietriche, Respondent