It All Starts Here Family Day Care Scheme Pty Ltd and Secretary, Department of Education

The applicant, It All Starts Here Family Day Care Scheme Pty Ltd, sought judicial review of a decision by the Secretary, Department of Education, to cancel its approval as an approved child care service. The dispute arose from numerous alleged breaches of the conditions of its approval under the family assistance law, including the submission of attendance records for children and educators who were overseas, late reporting and enrolment of sessions, overlapping sessions, reporting of care for children who had not commenced or had ceased using the service, exceeding the approved educator limit, and exceeding educator to child ratios.

The court was required to determine whether the applicant had failed to comply with the conditions of its continued approval as an approved child care service under the family assistance law, and if so, whether such non-compliance justified the cancellation of its approval. The court considered the legislative framework governing child care fee assistance, which mandates accurate reporting by service operators to ensure correct calculation of subsidies and prevent overpayments of public funding.

The court found that the applicant had indeed failed to comply with the conditions for continued approval. This conclusion was based on evidence demonstrating significant breaches, including the submission of inaccurate attendance records for children and educators overseas, and the failure to adhere to prescribed timeframes for reporting and enrolments. Furthermore, the court noted the applicant's exceeding of educator limits and child-to-educator ratios, which are critical for ensuring the safety and wellbeing of children. The court reasoned that these breaches were not isolated incidents but indicated a systemic flaw in the applicant's governance arrangements, posing a risk to the children in its care.

Consequently, the court affirmed the decision to cancel the applicant's approval as an approved child care service, finding that cancellation was the appropriate sanction given the egregious nature of the breaches and the paramount concern for child safety and the quality of care provided. The court concluded that the applicant was not a suitable person to operate a child care service.