CYD v Secretary of the Department of Education NSW

In the case of CYD v Secretary of the Department of Education NSW, the applicant, CYD, sought review of a decision made by the respondent to cancel their provider approval under the Education and Care Services National Law. The crux of the dispute revolved around whether the decision to cancel the approval was lawful and whether the Tribunal should substitute its own decision in place of the decision under review.

The primary legal issues before the court involved the interpretation and application of the National Law, specifically the provisions concerning the cancellation of provider approval, the objects and principles of the law, and the administrative review jurisdiction of the Tribunal. The court had to determine whether the decision to cancel the approval was the correct and preferable decision, whether the Tribunal should uphold, substitute, or remit the decision, and whether additional conditions should be imposed on the reinstatement of the approval.

The court found that the decision to cancel the approval was flawed, as it did not align with the correct and preferable decision that should have been made. The Tribunal concluded that the decision to cancel the approval was not supported by the evidence and did not adequately consider the objects and principles of the National Law. Consequently, the decision was set aside, and the provider approval and service approval previously granted to CYD were reinstated and confirmed.

The final orders of the court mandated that the decision to cancel the provider approval made by the respondent on 12 January 2017 be set aside, and that the provider approval and service approval previously granted to CYD be reinstated and confirmed. This decision underscores the importance of adherence to the legislative framework and the principles of administrative law in cases concerning the cancellation of provider approvals.