Alekdit Pty Ltd (trading as Giggling Day Care Centre) and Secretary, Department of Education and Training

Alekdit Pty Ltd, trading as Giggling Day Care Centre, sought review of a decision by the Secretary, Department of Education and Training, to cancel its approval as a Commonwealth provider under family assistance law. The Administrative Appeals Tribunal (AAT) considered an application by the Secretary to dismiss Alekdit's application for review.

The primary legal issue before the AAT was whether Alekdit's application for review was vexatious, misconceived, had no reasonable prospects of success, lacked substance, or constituted an abuse of process, pursuant to section 42B(1) of the *Administrative Appeals Tribunal Act 1975* (Cth). The AAT also had to determine whether it had jurisdiction to review the cancellation of Alekdit's state approval, which was distinct from the Commonwealth provider approval.

The AAT found that it lacked jurisdiction to review the cancellation of the state approval. Furthermore, it concluded that Alekdit's application for review of the Commonwealth provider approval cancellation was vexatious, misconceived, and had no reasonable prospects of success, as it was based on a misunderstanding of the relevant legislation and the grounds for cancellation. The Tribunal reasoned that the grounds for cancellation were clearly established and that Alekdit had failed to demonstrate any error in the Secretary's decision.

Consequently, the Tribunal ordered, pursuant to section 42B(1) of the *Administrative Appeals Tribunal Act 1975*, that Alekdit's application for review be dismissed.