Global Family Day Care Pty Ltd and Secretary, Department of Education

Global Family Day Care Pty Ltd (the applicant) sought a stay of a decision by the Secretary, Department of Education (the respondent) to suspend its provider approval. The applicant argued that without the stay, it would be unable to operate, and there were no alternative childcare facilities available in the relevant area. The application was heard by Deputy President B W Rayment Oam Qc.

The primary legal issue before the Tribunal was whether to grant a stay of the respondent's decision to suspend the applicant's approval as a family day care provider. This involved considering the potential prejudice to the applicant if the stay was refused, the availability of alternative services for families, and the broader public interest. The Tribunal also had regard to the fact that previous stays had been ordered by consent and that the applicant had been afforded an opportunity to rectify identified non-compliances.

The Tribunal reasoned that the severe consequences for the applicant and the lack of alternative childcare options in the area weighed heavily in favour of granting the stay. It was considered not to be in the public interest to disrupt the provision of childcare in the absence of alternatives. The Tribunal noted the applicant's opportunity to address compliance issues and the history of consent orders for previous stays. Consequently, the Tribunal granted the stay application.