Globesat Pty Ltd v Secretary Department of Education [2025] NSWCATAD 34

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Globesat Pty Ltd v Secretary Department of Education [2025] NSWCATAD 34 Hearing dates: 11 November 2024 Date of orders: 06 February 2025 Decision date: 06 February 2025 Jurisdiction: Administrative and Equal Opportunity Division Before: Emeritus Prof R Graycar, Senior Member M Bolt, General Member Decision: The decision under review is affirmed. Catchwords: ADMINISTRATIVE LAW – Children (Education and Care Services) National Law – provider approval – objects and principles of National Law – whether applicant possesses sufficient skill and knowledge to be considered fit and proper person for purposes of National Law - strict compliance required under National Law – role of merits review tribunal. Legislation Cited: Administrative Decisions Review Act 1997 (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) Supplementary Provisions Act 2011 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Early Childhood Legislation Amendment Act 2022 (Victoria), Education and Care Services National Regulations 2011 Cases Cited: 3 Angels Family Day Care Pty Ltd v Secretary, Department of Education [2017] NSWCATAD 265; Collector of Customs (New South Wales) v Brian Lawlor Automotive Pty Ltd [1979] FCA 21; (1979) 24 ALR 307; CTG v NSW Department of Education, Early Childhood and Care Directorate [2017] NSWCATAD 60; CYD v Secretary of the Department of Education NSW [2017] NSWCATAD 190; CYU v Secretary, Department of Education [2017] NSWCATAD 290; CZR v Secretary Department of Education [2017] NSWCATAD 282; Faaea v Secretary, Department of Education [2018] NSWCATAD 85; Famous Kids Family Day Care Pty Ltd v Secretary, Department of Education [2023] NSWCATAD 10; Long Life Family Daycare v Director General Education Directorate [2016] ACAT 69; Montessori Stars Pty Ltd v Secretary, Department of Education [2021] NSWCATAD 295; Mother's Choice Family Day Care Pty Ltd v Secretary, Department of Education [2020] NSWCATAD 194; National Education Childcare Service P/L v Secretary Department of Education [2024] NSWCATAD 105; Plaintiff M174/2016 v Minister for Immigration and Border Protection [2018] HCA 16; (2018) 264 CLR 217; Re Pochi and Minister for Immigration and Ethnic Affairs [1979] AATA 64; (1979) 36 FLR 482; Shi v Migration Agents Registration Authority (2008) 235 CLR 286; [2008] HCA 31; South Asian Australian Association v Secretary, Department of Education [2024] NSWCATAD 272; Sudath v Health Care Complaints Commission [2012] NSWCA 171; The King v War Pensions Entitlements Appeal Tribunal; ex parte Bott (1933) 50 CLR 228; Youssef v NSW Legal Services Commissioner (Costs) [2020] NSWCATOD 115. Texts Cited: None Category: Principal judgment Parties: Globesat Pty Ltd (Applicant) Secretary Department of Education (Respondent) Representation: Solicitor: Crown Solicitor (Respondent)