CYD v Secretary of the Department of Education NSW [2017] NSWCATAD 190

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CYD v Secretary of the Department of Education NSW [2017] NSWCATAD 190 Hearing dates: 31 May 2017 and 1 June 2017 Date of orders: 16 June 2017 Decision date: 16 June 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member Decision: 1. The decision of the respondent on 12 January 2017 to cancel the provider approval granted to the applicant with effect from 26 January 2017 pursuant to section 33 (1) (a) of the National Law is set aside.

2. In substitution for the decision set aside the provider approval previously granted to the applicant and the service approval previously held by the applicant are both hereby reinstated and confirmed. Catchwords: ADMINISTRATIVE LAW- Education and Care Services National Law - cancellation of provider approval - breach of condition of approval – Objects and Principles of National Law – Children – Childcare Services – Administrative review jurisdiction – what is the correct and preferable decision - whether the Tribunal should uphold the decision or substitute a decision – whether to remit – whether to impose additional conditions – correct and preferable decision is to set aside the decision and restore the approvals previously granted. Legislation Cited: Administrative Decisions Review Act 1997(NSW) Children (Education and Care Services) National Law (NSW) No 104a Children (Education and Care Services National Law Application) Act 2010 (NSW) Children (Education and Care Services) Supplementary Provisions Act 2011 (NSW) Children (Education and Care Services) Supplementary Provisions Regulation 2012 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Education and Care Services National Regulations 2011 (NSW) Cases Cited: Australian Broadcasting Tribunal v Bond (1990) 170 CLR 231 Briginshaw v Briginshaw [1938] HCA 34; 60 CLR 336 Bronze Wing Ammunition Pty Limited v SafeWork NSW (No 2) [2016] NSWSC 988 Bronze Wing International Pty Ltd v SafeWork NSW [2017] NSWCA 41 Collector of Customs (Tas) v Flinders Island Community Association (1985) 7 FCR 205 CTG v NSW Department of Education Early Childhood and Care Directorate [2017] NSWCATAD 60 CVN v New South Wales Department of Education, Early Childhood Education & Care Directorate [2017] NSWCATAD 109 CVM v New South Wales Department of Education, Early Childhood Education & Care Directorate [2017] NSWCATAD 108 CVT v NSW Department of Education & Communities, Early Childhood Education & Care Directorate [2017] NSWCATAD 74 CTZ v NSW Department of Education, Early Childhood Education and Care Directorate [2017] NSWCATAD 132 Frugtnient v Administrative Decisions Tribunal (Appeal Panel) & Anor [2005] NSWCA 257 Greyhound Racing Authority v Bragg [2003] NSWCA 388 Hall v New South Wales Trotting Club Ltd [1977] 1 NSWLR 378 Karakatsanis v Racing Victoria Ltd [2013] VSCA 305; (2013) 42 VR 176 Kostas v HIA Insurance Services Pty Ltd [2010] HCA 32 Long Life Family Daycare v Director General Education Directorate (Administrative Review) [2016] ACAT 69 Maloney v New South Wales National Coursing Association Ltd [1978] 1 NSWLR 161 Minister for Immigration and Multicultural and Indigenous Affairs v QAAH of 2004 (2006) 231 CLR 1 New South Wales Bar Association v Muirhead (1988) 14 NSWLR 173 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88 SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs [2006] HCA 63; 228 CLR 152 YG & GG v Minister for Community Services [2002] NSWCA 247 YJ v Chief Executive Officer, Work Cover Authority [2006] NSWADT 306 Category: Principal judgment Parties: CYD (Applicant) Secretary of the Department of Education NSW (Respondent) Representation: Counsel: A Howell (Applicant) H El Hage (Respondent)