Early Childhood Education Australia Pty Ltd v Secretary, Department of Education (NSW) [2020] NSWCATAD 118

Civil and Administrative Tribunal New South Wales Medium Neutral Citation: Early Childhood Education Australia Pty Ltd v Secretary, Department of Education (NSW) [2020] NSWCATAD 118 Hearing dates: 16 April 2020 Date of orders: 16 April 2020 Decision date: 30 April 2020 Jurisdiction: Administrative and Equal Opportunity Division Before: A Britton, Principal Member Decision: (1) The Decision made on 26 March 2020 to cancel the applicant's provider approval is stayed until the Tribunal determines the substantive application, on the following conditions: (a) The Applicant not engage any new educators or relief educators. (b) The Applicant provide the Respondent with fortnightly compliance reports for the following persons until the proceedings are determined: Jeongin Choi, Jungok Bae, Junsun You and Heui Jae Kim. Catchwords: REVIEW OF DECISION BY EXTERNAL DECISION-MAKER — decision to cancel provider approval by the regulatory authority under section 33 of the Children (Education and Care Services) National Law (NSW)

PRACTICE AND PROCEDURE — stay of the decision under appeal — factors relevant to exercise of the power to stay decision under section 43 of the Civil and Administrative Tribunal Act 2013 (NSW) Legislation Cited: Children (Education and Care Services) National Law (NSW) Children (Education and Care Services National Law Application) Act 2010 Education and Care Services National Regulations (National Regulations) Civil and Administrative Tribunal Act 2013 (NSW) Administrative Appeals Tribunal Act 1975 (Cth) Cases Cited: Bentran Pty Ltd v Sabbarton [2014] NSWCATAP 37 Australian Skills Quality Authority [2018] AATA Texts Cited: None cited Category: Procedural and other rulings Parties: Early Childhood Education Australia Pty Ltd (Applicant) Secretary, Department of Education (Respondent) Representation: Counsel: GP Diggins (Applicant)