CVM v NSW Department of Education

The case between CVM and the NSW Department of Education involved a dispute concerning the approval of an early childhood education and care service. CVM, the applicant, sought judicial review of the respondent's decision to cancel the approval of its service. The NSW Department of Education, the respondent, had decided that the service did not comply with the National Law's requirements, particularly regarding the commencement of ongoing operation and the breach of conditions. The matter was heard and determined in the Land and Environment Court of New South Wales.

The court was tasked with determining whether the service had indeed commenced ongoing operation and if the cancellation of approval was justified due to a breach of conditions. The primary legal issue was whether the Department's decision to cancel the approval was lawful, reasonable, and in accordance with the objects and principles of the National Law. This included examining the criteria for service approval, the interpretation of "ongoing operation," and the implications of breaching approval conditions.

In examining the evidence, the court found that the service did not meet the criteria for ongoing operation as required by the National Law. The court emphasised the importance of the National Law's objects and principles in assessing the service's compliance. The evidence demonstrated that the service had not commenced ongoing operation, and there were breaches of the conditions of approval. The court concluded that the Department's decision was lawful and reasonable, affirming the respondent's decision to cancel the approval. The court held that the Department had correctly exercised its discretion under the National Law.