CVT v NSW Department of Education & Communities, Early Childhood Education & Care Directorate [2017] NSWCATAD 74

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CVT v NSW Department of Education & Communities, Early Childhood Education & Care Directorate [2017] NSWCATAD 74 Hearing dates: 31 January 2017 Date of orders: 09 March 2017 Decision date: 09 March 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: J McAteer, Senior Member Decision: 1. The decision of the respondent is set aside. 2. In substitution of that order the Service Approval issued 16 June 2015 is reinstated. 3. Order (2) is subject to what further conditions (if any) the respondent determines to impose under section 51 (5) (b) of the National Law in additional to existing regulatory obligations. Catchwords: EDUCATION and Care Services National Law – Operator approval – Breach of condition of approval – Objects and Principles of National Law – Children – Childcare Services – Failure to commence operating with 6 months – Cancellation of service approval – Stay of Service approval – Subsequent compliance with conditions of approval – Whether operator circumventing approval requirements Legislation Cited: Administrative Decisions Review Act 1997 Children (Education and Care Services) National Law (NSW) No 104a Children (Education and Care Services National Law Application) Act 2010 No 104 Children (Education and Care Services) Supplementary Provisions Regulation 2012 Civil and Administrative Tribunal Act 2013 Cases Cited: CTG v NSW Department of Education Early Childhood and Care Directorate [2017] NSWCATAD 60 Long Life Family Daycare v Director General Education Directorate (Administrative Review) [2016] ACAT 69 Texts Cited: Nil Category: Principal judgment Parties: CVT (Applicant) NSW Department of Education & Communities, Early Childhood Education & Care Directorate (Respondent) Representation: Solicitors: Rodney John O'Donnell as Agent, Purs s-41 (1) (b) (i) Civil and Administrative Tribunal Act 2013 (Applicant) NSW Crown Solicitor's Office (Respondent) File Number(s): 2016/00378511 Publication restriction: s-65 (2) Civil and Administrative Tribunal Act 2013: a person must not, except with the consent of the Tribunal, publish or broadcast the name of any person: A person must not, except with the consent of the Tribunal, publish or broadcast the name of any person:(a) who appears as a witness before the Tribunal in any proceedings, or(b) to whom any proceedings in the Tribunal relate, or(c) who is mentioned or otherwise involved in any proceedings in the Tribunal, whether before or after the proceedings are disposed of.(3) This section does not prohibit the publication or broadcasting of an official report of the proceedings that includes the name of any person the publication or broadcasting of which would otherwise be prohibited by this section.