DBU v Secretary, Department of Education [2017] NSWCATAD 257

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DBU v Secretary, Department of Education [2017] NSWCATAD 257 Hearing dates: 9 August 2017 Date of orders: 18 August 2017 Decision date: 18 August 2017 Jurisdiction: Administrative and Equal Opportunity Division Before: K Ransome, Senior Member Decision: (1) The decision under review is confirmed. Catchwords: ADMINISTRATIVE REVIEW – Education and Care Services National Law – family day care - service approval – breach of condition of approval – failure to commence ongoing operation within 6 months – meaning of commence ongoing operation – whether approval should be cancelled JURISDICTION – basis of Tribunal's jurisdiction to review decision – administrative review jurisdiction – general jurisdiction – meaning of administrative review in the Education and Care Services National Law Legislation Cited: Children (Education and Care Services) National Law (NSW) Children (Education and Care Services National Law Application) Act 2010) Civil and Administrative Tribunal Act 2013 Administrative Decisions Review Act 1997 Children (Education and Care Services) Supplementary Provisions Act 2011 (NSW) Community Services (Complaints, Reviews and Monitoring) Act 1993 Children (Education and Care Services) Supplementary Provisions Regulation 2012 A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) Cases Cited: CTG v NSW Department of Education [2017] NSWCATAD 60 CVM v NSW Department of Education [2017] NSWCATAD 108 CVN v NSW Department of Education [2017] NSWCATAD 109 CVT v NSW Department of Education [2017] NSWCATAD 74 CTZ v NSW Department of Education [2017] NSWCATAD 132 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 Shi v Migration Agents Registration Authority (2008) CLR 286 Long Life Family Daycare v Director-General, Education Directorate [2016] ACAT 69 Category: Principal judgment Parties: DBU (Applicant) Secretary, Department of Education (Respondent) Representation: Solicitors: Agent (Applicant) Crown Solicitor's Office (Respondent) File Number(s): 2017/00140384 Publication restriction: Pursuant to s 64(1)(a) of the Civil and Administrative Tribunal Act 2013 the Tribunal prohibits the disclosure or publication of the applicant's name and of other identifying information with respect to the applicant.