Two Cubed Pty Ltd v Secretary of the Department of Education NSW [2019] NSWCATAD 122

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Two Cubed Pty Ltd v Secretary of the Department of Education NSW [2019] NSWCATAD 122 Hearing dates: 25 January 2019 Date of orders: 18 June 2019 Decision date: 18 June 2019 Jurisdiction: Administrative and Equal Opportunity Division Before: M Anderson, Senior Member R Royer, General Member Decision: 1. The decision of the respondent on 20 August 2018 to refuse provider approval on the basis that the applicant is not a fit and proper person to be involved in the provision of an education and care service is confirmed. 2. The application for review filed 12 October 2018 is dismissed. Catchwords: ADMINISTRATIVE LAW- Education and Care Services National Law – review of a decision refusing provider approval under section 15(2) of the National Law – whether a fit and proper person - Objects and Principles of National Law – Children – Childcare Services – Administrative review jurisdiction – correct and preferable decision - whether the Tribunal should uphold the decision or substitute decision. 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 CMD v NSW Office of the Children's Guardian [2018] NSWSC 1348 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 CYU v Secretary, Department of Education [2017] NSWCATAD 290 DBU v Secretary, Department of Education [2017] NSWCATAD 257 Drake v Minister for Immigration and Ethnic Affairs (1979) 24 ALR 577 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 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 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 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 Category: Principal judgment Parties: Two Cubed Pty Ltd (Applicant) Secretary of the Department of Education NSW (Respondent) Representation: O Chumakova (Director of the Applicant) C Trahanas (Respondent)