Q v Wyong Shire Family Day Care [2007] NSWADT 79

CITATION: Q v Wyong Shire Family Day Care [2007] NSWADT 79

DIVISION: Community Services Division

APPLICANT PARTIES: Q RESPONDENT Wyong Shire Family Day Care

FILE NUMBER: 064016

HEARING DATES: 21 February 2007

SUBMISSIONS CLOSED: 28 February 2007

DATE OF DECISION: 5 April 2007

BEFORE: Britton A - Deputy President; Monaghan-Nagle L - Non Judicial Member; Moss J - Non Judical Member

CATCHWORDS: Child care provider registration - cancellation

MATTER FOR DECISION: Principal matter

Administrative Decisions Tribunal Act 1997 LEGISLATION CITED : Children and Young Persons (Care and Protection) Act 1998 Children's Services Regulation 2004 Family Day Care and Home Based Child Care Services Regulation 1996

Suzanne Frugtniet v Administrative Decisions Tribunal (Appeal Panel) & Anor; Brian Frugtniet v Administrative Decisions Tribunal (Appeal Panel) & Anor [2005] NSWCA 257 CASES CITED: YG & GG v Minister for Community Services [2002] NSWCA 247 McDonald v Guardianship Administration Board [1993] 1 VR 521

APPLICANT In person and R Payer, agent REPRESENTATION: RESPONDENT K Marco and A Dixon, agents

ORDERS: The Respondent's decision to remove the Applicant's name from the register of family day care carers is affirmed.

Section 126 of the Administrative Decisions Tribunal Act 1997 applies to this decision. Section 126 provides (1A) This section applies only to the following:

(a) proceedings in the Community Services Division of the Tribunal, (b) appeals to an Appeal Panel from a decision made by the Tribunal in the Community Services Division, (b1) proceedings in relation to an external appeal made under section 67A of the Guardianship Act 1987 or section 21A of the Protected Estates Act 1983, (b2) proceedings in relation to a reviewable decision made under the Guardianship Act 1987 or the Protected Estates Act 1983 (c) such other proceedings (or class or classes of proceedings) as may be prescribed by the regulations for the purposes of this section.