DPW v Secretary, Department of Education [2018] NSWCATAD 257

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: DPW v Secretary, Department of Education [2018] NSWCATAD 257 Hearing dates: 7 March 2018, 5 June 2018 Date of orders: 07 November 2018 Decision date: 07 November 2018 Jurisdiction: Administrative and Equal Opportunity Division Before: S Leal, Senior Member Decision: Pursuant to s 193(3) of the Children (Education and Care Services) National Law (NSW), the Tribunal confirms the respondent's decision of 9 November 2017 to refuse to grant the applicant a provider approval. Catchwords: ADMINISTRATIVE REVIEW – Education and Care Services National Law – provider approval – whether fit and proper person to be involved in the provision of an education and care service – whether evidence of mandatory assessment improperly obtained - whether evidence of mandatory assessment should be admitted in evidence – 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 (NSW) Education and Care Services National Regulations Cases Cited: 3 Angels Family Day Care Pty Ltd v Secretary, Department of Education [2017] NSWCATAD 265 Bunning v Cross [1978] 141 CLR 854 CTG v NSW Department of Education, Early Childhood and Care Directorate [2017] NSWCATAD 60 CTZ v NSW Department of Education, Early Childhood Education and Care Directorate [2017] NSWCATAD 132 CYU v Secretary, Department of Education [2017] NSWCATAD 290 DBU v Secretary, Department of Education [2017] NSWCATAD 257 Hughes & Vale Pty Ltd v New South Wales (No 2) [1955] HCA 28; (1955) 93 CLR 127 at 156-157. Question of Law Reserved (No 1 of 1998) (1998) 70 SASR 281 Southern Equities Corp Ltd (in liq) v Bond (2001) 78 SASR 554; [2001] SASC 70 Texts Cited: Nil Category: Principal judgment Parties: DPW (Applicant) Department of Education, Early Childhood Education and Care Directorate (Respondent) Representation: Solicitors: DPW (Applicant Self-Represented) Crown Solicitor's Office (Respondent) File Number(s): 2017/00377218 Publication restriction: Pursuant to s64(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.