Kids Vision Family Day Care Pty Ltd and Secretary, Department of Education and Training

The Administrative Appeals Tribunal considered the appeal by Kids Vision Family Day Care Pty Ltd against the decision of the Secretary, Department of Education and Training, to cancel the company's approval as a child care service provider. This cancellation meant Kids Vision was no longer eligible for child care benefits or rebates. The dispute centred on Kids Vision's substantial non-compliance with the regulatory framework governing child care services.

The Tribunal was required to determine whether the cancellation of Kids Vision's approval was the correct and preferable sanction. This involved assessing the nature and extent of Kids Vision's non-compliance, particularly concerning the employment of "relief educators" and the accuracy of attendance records for children and registered educators. The Tribunal also had to consider whether the remedies and governance changes implemented by Kids Vision were sufficient to warrant a different outcome.

The Tribunal found that there was no legislative basis for Kids Vision to engage "relief educators," describing the system as a "complete fiction." It was highly critical of the reliance on an undocumented telephone conversation as purported approval for this arrangement, deeming it a failure to meet legal obligations amounting to recklessness. While acknowledging the efforts of Mr. Worres in identifying the non-compliance, the Tribunal noted that proper disclosure to the Department did not occur. The Tribunal concluded that the cancellation of approval was the correct decision in law and the preferable exercise of discretion, affirming the original decision.