Faaea v Secretary, Department of Education

Faaea sought to overturn a decision by the Secretary of the Department of Education to cancel her approval as a provider of education and care services. The Secretary had cancelled the applicant's approval under the Education and Care Services National Law, as she had not commenced the ongoing operation of the service within the required six-month period. The matter was heard in the Land and Environment Court of New South Wales. The primary issue before the court was whether the applicant had indeed complied with the statutory condition to commence ongoing operation of the service within six months, and if not, whether the Secretary's decision to cancel her approval was correct and preferable.

The court held that the term “ongoing operation of the service” was to be understood in its ordinary and natural meaning, and that it was not sufficient for the applicant to merely prepare for the operation of the service. The court found that the applicant had not commenced the ongoing operation of the service within the stipulated period, as she had not yet enrolled any children for care. The court further held that the Secretary's decision to cancel the applicant's approval was both correct and preferable. It was appropriate for the Secretary to ensure that services were operating in accordance with the law, and that the applicant's failure to commence the ongoing operation of the service justified the cancellation of her approval.

The court confirmed the Secretary's decision to cancel the applicant's approval, and made an order to that effect under section 193(3)(a) of the Children (Education and Care Services) National Law (NSW). The court held that the Secretary's decision was lawful and that the applicant had not demonstrated that the decision was otherwise flawed. The court did not grant the applicant's application for judicial review, and dismissed her appeal.