Zaksaw Pty Limited v Department of Education; Giacchi v Department of Education [2024] NSWDC 550

District Court New South Wales

Medium Neutral Citation: Zaksaw Pty Limited v Department of Education; Giacchi v Department of Education [2024] NSWDC 550 Hearing dates: 26 and 27 February 2024 Date of orders: 28 June 2024 Decision date: 28 June 2024 Jurisdiction: Criminal Before: Kumar DCJ Decision: (1) Each appeal against conviction is dismissed. (2) The orders of the Local Court are confirmed. (3) I reserve the question of costs. (4) Liberty to apply to the parties to relist the matter on the question of costs. Catchwords: CRIMINAL LAW – appeals and review – conviction appeal from Local Court – offences under the Children (Education and Care Services) National Law (NSW) and Education and Care Services National Regulations (NSW) CRIME – criminal liability – absolute liability – statutory offences – liability of approved provider and nominated supervisor at a centre under s 167 of the Children (Education and Care Services) National Law 2010 (NSW) – whether "must ensure" imports a standard of absolute liability – whether "every reasonable precaution is taken" attributes acts of employees to approved provider and/or nominated supervisor Legislation Cited: Children (Education and Care Services) National Law 2010 (NSW), ss 3, 5, 104, 162, 165, 269 Children's Services Act 1996 (Vic), ss 26(1), 27(1) Crimes (Appeal and Review) Act 2001 (NSW), s 11 Cases Cited: ABC Developmental Learning Centres Pty Ltd v Wallace (2007) 16 VR 409; [2007] VSCA 138 Department of Education v Trad [2023] NSWCCA 329 He Kaw Teh v The Queen (1985) 157 CLR 523; [1985] HCA 43 Proudman v Dayman (1941) 67 CLR 536; [1941] HCA 28 Trad v Department of Education (NSW) [2023] NSWDC 168 Category: Principal judgment Parties: Zaksaw Pty Limited (First Appellant) Stefania Giacchi (Second Appellant) Department of Education (Respondent) Representation: Counsel: T Edwards SC and M Hunter (Appellants) K Ng (Respondent)