Long Life Family Daycare v Director General Education Directorate (Administrative Review)

Long Life Family Daycare Pty Ltd, the applicant, sought a review of a decision by the Director General Education Directorate, the respondent, to suspend the approval for its family day care business. The applicant had operated a family day care business prior to the suspension of its service approval. The dispute centred on whether the applicant had failed to comply with the Education and Care Services National Law (ACT), specifically in relation to the management of educators. The case was heard in the Administrative Appeals Tribunal (AAT).

The primary legal issue for the Tribunal was whether the Director General was justified in suspending the applicant's service approval due to non-compliance with the National Law. This included whether there was evidence of a register of educators, and whether the educators had the necessary qualifications and training. The applicant conceded that it was in breach of the requirements in September 2015 but argued that it could meet the requirements by the time of the hearing. The Tribunal had to determine whether the suspension was proportionate and justified.

In examining the evidence, the Tribunal found that there was a lack of a register of educators and insufficient evidence of the educators' qualifications and training. Despite the applicant's arguments, the Tribunal concluded that the evidence did not support the applicant's ability to meet the requirements by the time of the hearing. The Tribunal found that the Director General was justified in suspending the applicant's service approval. However, the Tribunal varied the decision to suspend the approval for a period of 12 months, from 21 October 2015 to 20 October 2016, to provide the applicant an opportunity to rectify the issues.

The Tribunal's final order was that the decision under review be varied and substituted with a decision that the service approval of Long Life Family Day Care Pty Ltd is suspended pursuant to section 72 of the Education and Care Services National Law for a period of 12 months, from 21 October 2015 to 20 October 2016.