Ella Early Education Pty Ltd and Secretary, Department of Education

Ella Early Education Pty Ltd (the Applicant) sought approval as an approved childcare service. The Secretary, Department of Education (the Respondent) had made a decision to refuse this approval. The matter came before the Administrative Appeals Tribunal for review.

The primary legal issues before the Tribunal were whether the Applicant satisfied the provider eligibility rules under section 194C of the relevant Act, and specifically, whether the Applicant and its sole director, Ms Al Hassany, were fit and proper persons to be involved in the administration of the Child Care Subsidy (CCS) and Additional Child Care Subsidy (ACCS) under section 194E of the Act. The Tribunal was required to consider the Applicant's governance arrangements and Ms Al Hassany's suitability, taking into account all documentary and oral evidence.

The Tribunal considered the matter de novo, examining the Applicant's latest governance documents, previous attempts at such documents, and the oral evidence of Ms Al Hassany. While the Applicant argued that the latest governance documents, along with Ms Al Hassany's demonstrated experience and oral evidence, satisfied the requirements, the Tribunal gave significant weight to the unsatisfactory results of a written assessment, the numerous prior attempts to provide adequate governance documents, and the unknown extent of external assistance Ms Al Hassany received in preparing the current documents. The Tribunal found that these factors, when considered together, were not outweighed by the latest governance documents.

Consequently, the Tribunal was not satisfied on the evidence that the Applicant was, on balance, a fit and proper person to be involved in the administration of CCS and ACCS. The Tribunal affirmed the decision under review.