CVT v NSW Department of Education & Communities, Early Childhood Education & Care Directorate

The case involved the applicant, CVT, challenging a decision by the NSW Department of Education & Communities, Early Childhood Education & Care Directorate, to cancel their approval to operate a childcare service. The applicant had initially been approved to operate, but their approval was subsequently cancelled due to a perceived breach of conditions. The dispute was heard in the Civil and Administrative Tribunal of New South Wales.

The primary legal issue before the court was whether the cancellation of the applicant's service approval was justified, considering that the applicant had not commenced operations within the six-month period required by the conditions of approval, and whether this constituted a breach of the approval conditions. A secondary issue was whether the applicant's subsequent compliance with the conditions of approval and the fact that they had not circumvented the approval requirements should have led to the reinstatement of the approval.

The tribunal found that the cancellation of the service approval was not justified. It determined that the applicant's failure to commence operations within the six-month period did not constitute a breach of the approval conditions, as there were exceptional circumstances that prevented the applicant from commencing operations within that timeframe. The tribunal also found that the applicant had not circumvented the approval requirements and had demonstrated a commitment to complying with the conditions of approval. Consequently, the tribunal set aside the respondent's decision and reinstated the service approval, subject to any further conditions the respondent may impose.