Jessica Education Centre Pty Ltd (KA Family Day Care) v Secretary, Department of Education [2020] NSWCATAD 99

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Jessica Education Centre Pty Ltd (KA Family Day Care) v Secretary, Department of Education [2020] NSWCATAD 99 Hearing dates: 11 February 2020 Date of orders: 08 April 2020 Decision date: 08 April 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: C Ludlow, Senior Member Decision: The decision of the Regulatory Authority cancelling the applicant's provider approval is confirmed. Catchwords: ADMINISTRATIVE LAW – review of decision cancelling family day care service provider approval – whether conditions of approval breached – whether failed to operate a service for more than 12 months – whether a fit and proper person – correct and preferable decision Legislation Cited: A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) Children (Education and Care Services) National Law (NSW) Education and Care Services National Regulations (NSW) Cases Cited: DBU v Secretary, Department of Education [2017] NSWCATAD 257 Jessica Education Centre Pty Ltd and Secretary, Department of Education and Training [2019] AATA 3739 Jump Start Family Day Care Pty Ltd v Department of Education and Training (Review and Regulation) [2019] VCAT 1631 Kendrick v Secretary of the Department of Education NSW [2019] NSWCATAD 45 Moonlight Family Day Care Pty Ltd and Secretary, Department of Education and Training [2018] AATA 2706 Two Cubed Pty Ltd v Secretary of the Department of Education NSW [2019] NSWCATAD 122 Category: Principal judgment Parties: Jessica Education Centre Pty Ltd (KA Family Day Care) (Applicant) Secretary, Department of Education (Respondent) Representation: Solicitors: Y Choi (Agent) (Applicant) Crown Solicitor (Respondent) File Number(s): 2019/00347324 Publication restriction: Nil