3 Bears Childcare Centre Pty Ltd v Secretary, Department of Education; Apple Bear Pty Ltd v Secretary, Department of Education; Hi5 Childcare Pty Ltd v Secretary, Department of Education [2024] NSWCATAP 218

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: 3 Bears Childcare Centre Pty Ltd v Secretary, Department of Education; Apple Bear Pty Ltd v Secretary, Department of Education; Hi5 Childcare Pty Ltd v Secretary, Department of Education [2024] NSWCATAP 218 Hearing dates: 25 October 2024 Date of orders: 1 November 2024 Decision date: 01 November 2024 Jurisdiction: Appeal Panel Before: Hennessy ADCJ, Deputy President L Andelman, Senior Member Decision: (1) Leave to appeal is refused. (2) The appeal is dismissed. (3) Pursuant to s.64 of the Civil and Administrative Tribunal Act 2013 (NSW), the disclosure or publication of the name of any child referred to in the evidence is prohibited. 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. Catchwords: APPEAL - leave to appeal – interlocutory decision –application for stay refused – leave to file "fresh" evidence on appeal – administrative review of decision to revoke approval to operate childcare centres. Legislation Cited: Civil and Administrative Tribunal Act 2013 (NSW) Cases Cited: 3 Bears Childcare Centre Pty Ltd v Secretary, Department of Education; Apple Bear Pty Ltd v Secretary, Department of Education; Hi5 Childcare Pty Ltd v Secretary, Department of Education [2024] NSWCATAD 204 House v R (1936) 55 CLR 499 Joseph v Kiama Municipal Council [2024] NSWCATAP 40 Category: Principal judgment Parties: 3 Bears Childcare Centre Pty Ltd (First Appellant) Apple Bear Pty Ltd (Second Appellant) Hi5 Childcare Pty Ltd (Third Appellant) Secretary, Department of Education (Respondent) Representation: Counsel: N Li (Respondent)