CZO v Secretary, Department of Education [2017] NSWCATAD 205

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: CZO v Secretary, Department of Education [2017] NSWCATAD 205 Hearing dates: 02 May 2017 Date of orders: 02 May 2017 Decision date: 02 May 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: (1) The respondent's name is changed to Secretary, Department of Education.

(2) The respondent's applications for orders under s 43 of the Civil and Administrative Tribunal Act 2013 (NSW) or alternatively under s 60 of the Administrative Decisions Review Act 1997 (NSW) are dismissed. Catchwords: ADMINISTRATIVE LAW - Education and Care Services National Law – Provider approval – Where applicant's provider approval suspended then cancelled by respondent – Where applicant sought review of those decisions – Where applicant continued to provide an education and care service, notwithstanding the suspension then cancellation – Whether Tribunal's power to make orders affecting the operation of the decision under review "to secure the effectiveness of the determination of the application" extends to making orders prohibiting the applicant from operating an education and care service – Finding that it does not Legislation Cited: Children (Education and Care Services) National Law (NSW) Administrative Decisions Review Act 1997 (NSW) Civil and Administrative Tribunal Act 2013 (NSW) Children (Education and Care Services National Law Application) Act 2010 (NSW) Cases Cited: AVS Group of Companies Pty Ltd v Commissioner of Police [2010] NSWCA 81 CVM v New South Wales Department of Education, Early Childhood Education & Care Directorate [2017] NSWCATAD 108 Jay v Commissioner for Fair Trading [2014] NSWCATAD 180 Wieckowski v Commissioner for Fair Trading & Anor [2016 NSWCATAD 254 Category: Consequential orders (other than Costs) Parties: CZO (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: C Lenehan (Respondent)