Jessica Education Centre Pty Ltd and Secretary, Department of Education and Training

The Administrative Appeals Tribunal reviewed a decision by the Secretary, Department of Education and Training, to cancel the approval of Jessica Education Centre Pty Ltd as a provider of childcare services. The dispute arose from the Applicant's alleged contravention of provisions within the family assistance law concerning the operation of childcare services.

The Tribunal was required to determine whether the Applicant had breached the conditions of its provider approval and, if so, what sanction was appropriate. Specifically, the Tribunal considered whether the Applicant had contravened subsection 196(3) of the Administration Act by failing to comply with the Education and Care Services National Law and its associated Regulations. This included allegations of failing to meet educator to child ratios, inadequately registering and verifying relief educators, and inaccurately recording child attendance.

The Tribunal found that the Applicant was responsible for complying with the relevant legislation and for the non-compliance of its staff and agents. It reasoned that the Applicant's explanations, such as computer system failures or the errors of educators, did not absolve it of its legal obligations, characterising these as failures of governance. The Applicant acknowledged some breaches, including a failure to familiarise staff with legislative requirements and to provide appropriate details of relief educators, and accepted responsibility for these. Despite the Applicant's apologies, explanations regarding personal difficulties, and offers to repay overpayments, the Tribunal noted the absence of additional material to demonstrate compliance.

Consequently, the Tribunal affirmed the reviewable decision of the authorised review officer, which upheld the earlier decision to cancel the Applicant’s approval as a provider of childcare services. The Tribunal also noted that the Applicant had the opportunity to apply for a new licence under the current provisions for operating childcare centres.