Angel's Paradise Wagga Pty Ltd ATF The APW Business Trust v Secretary, Department of Education [2025] NSWCATAD 5

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Angel's Paradise Wagga Pty Ltd ATF The APW Business Trust v Secretary, Department of Education [2025] NSWCATAD 5 Hearing dates: 17 December 2024 Date of orders: 17 December 2024 Decision date: 06 January 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: L Andelman, Senior Member Decision: The application for a stay is dismissed. Catchwords: STAY – administrative review of decision to suspend approval to operate childcare centre – principles relevant to a stay Legislation Cited: Administrative Decisions Review Act 1997 (NSW) Children (Education and Care Services) National Law (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Education and Care Services National Regulations Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 DBU v Secretary, Department of Education [2017] NSWCATAD 257 Texts Cited: None cited Category: Procedural rulings Parties: Angel's Paradise Wagga Pty Ltd (Applicant) Secretary, Department of Education (Respondent) Representation: White Knight Lawyers (Applicant) Crown Solicitor (Respondent) File Number(s): 2024/00431860 Publication restriction: Nil

REASONS FOR DECISION 1. The applicant seeks a stay of a decision made by the respondent of 5 September 2024, suspending the applicant's approval to operate a childcare centre with immediate effect for a period of 6 months. I refused the stay application at the hearing. These are my reasons for the Order. 2. The applicant sought an internal review of the decision made on 5 September 2024 and the respondent's decision was confirmed on 21 October 2024. By the time the matter was before the Tribunal, the childcare centre had been closed for some three and a half months. 3. The decision made on the 5 September 2024 was made immediately following a compliance and monitoring visit on the same day. The compliance and monitoring visit was conducted because the respondent was concerned about child safety at the centre on 13 and or 14 August 2024. The concerns were raised based on a complaint made by a parent whose child suffered an injury that required medical attention. 4. The respondent's decision to immediately suspend the applicant's approval to operate a child care centre was made pursuant to s 73 of the Children (Education and Care Services) National Law (NSW) ("the National Law"). The applicant complied with the decision.