Faaea v Secretary, Department of Education [2018] NSWCATAD 85

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Faaea v Secretary, Department of Education [2018] NSWCATAD 85 Hearing dates: 8 March 2018 Date of orders: 18 April 2018 Decision date: 18 April 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: Dr J Lucy, Senior Member Decision: 1. Pursuant to s 193(3)(a) of the Children (Education and Care Services) National Law (NSW), the respondent's decision to cancel the applicant's service approval is confirmed. Catchwords: ADMINISTRATIVE LAW - Education and Care Services National Law – Cancellation of Service Approval - Whether the applicant had complied with condition requiring her to commence ongoing operation of the service within 6 months – Meaning of "ongoing operation of the service" - Whether applicant had commenced operation of the service at all – Whether cancellation decision is the correct and preferable decision Legislation Cited: Children (Education and Care Services) National Law (NSW) Education and Care Services National Regulations (NSW) Cases Cited: 3 Angels Family Day Care Pty Ltd v Secretary, Department of Education [2017] NSWCATAD 265 CTG v NSW Department of Education, Early Childhood and Care Directorate [2017] NSWCATAD 60 CVM v New South Wales Department of Education, Early Childhood Education & Care Directorate [2017] NSWCATAD 108 DBU v Secretary, Department of Education [2017] NSWCATAD 257 Long Life Family Daycare v Director General Education Directorate [2016] ACAT 69 Category: Principal judgment Parties: Malu Faaea (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: