Nilufar v Secretary, Department of Education [2020] NSWCATAD 37

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Nilufar v Secretary, Department of Education [2020] NSWCATAD 37 Hearing dates: 5 December 2019 Date of orders: 31 January 2020 Decision date: 31 January 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member E Hayes, General Member Decision: The decision under review is amended by amending the prohibition notice dated 23 August 2019 to state that the applicant is prohibited from providing education and care to children for an education and care service at the premises named in the notice or any other family day care residence or venue which is owned or operated by the applicant. Catchwords: ADMINISTRATIVE LAW – provision of education and care services to children - prohibition notice issued – whether there may be an unacceptable risk of harm to children – what is an unacceptable risk – content of prohibition notice exceeding risk – amendment of decision Legislation Cited: Children (Education and Care Services) National Law (NSW) Children (Education and Care Services National Law Application) Act 2010 (NSW) Child Protection (Working with Children) Act 2012 (NSW). Cases Cited: Bronze Wing Ammunition Pty Limited v SafeWork NSW (No 2) [2016] NSWSC 988 CMD v Office of the Children's Guardian [2018] NSWSC 1348 DBU v Secretary, Department of Education [2017] NSWCATAD 257 Kendrick v Secretary of the Department of Education NSW [2019] NSWCATAD 45 Re Control Investments Pty Ltd v Australian Broadcasting Tribunal (No 2) (1981) 3 ALD 88 Shak-Ra-Zad v NSW Department of Education, unreported, NSW Civil and Administrative Tribunal, 2018/67404 YG & GG v Minister for Community Services [2002] NSWCA 247 Texts Cited: None cited Category: Principal judgment Parties: Sultana Nilufar (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: J Martin (Applicant) D Birch (Respondent)