Pananga Pty Ltd A/T the P and J Jockel Family Trust t/as Kindy Lane Preschool and Child Care Centre v Francis
[2013] QCAT 715
•13 December 2013
| CITATION: | Pananga Pty Ltd A/T The P & J Jockel Family Trust t/as Kindy Lane Preschool and Child Care Centre v Francis [2013] QCAT 715 |
| PARTIES: | Pananga Pty Ltd A/T The P & J Jockel Family Trust t/as Kindy Lane Preschool and Child Care Centre (Applicant) |
| v | |
| Christian Francis Jennifer Francis (Respondents) |
| APPLICATION NUMBER: | MCDO1850/13 |
| MATTER TYPE: | Other minor civil dispute matters |
| HEARING DATE: | On the papers |
| HEARD AT: | Brisbane |
| DECISION OF: | Adjudicator Bertelsen |
| DELIVERED ON: | 13 December 2013 |
| DELIVERED AT: | Brisbane |
| ORDERS MADE: | 1. The application by the applicant for an officer of the Department of Education Employment and Workplace Relations (DEEWR) to attend and produce documents is refused. |
| CATCHWORDS: | Application for person to attend – privacy of relationship between respondents and Department of Education Employment and Workplace Relations (DEEWR) and availability of child care benefits – applicants reporting obligations to ensure child care payments in terms of child care management system (Federal) |
APPEARANCES and REPRESENTATION (if any):
This matter was heard and determined on the papers pursuant to s 32 of the Queensland Civil and Administrative Tribunal Act 2009 (QCAT Act).
REASONS FOR DECISION
The applicant’s application to attend and produce documents directed to an officer of the Department of Education Employment and Workplace Relations (DEEWR) seeks answers to a number of questions to be put to that Department representative i.e. effectively to the Department.
It is not for the applicant to pre-empt what the relationship between the respondents and the Department was or is.
Information held by the Department in respect of the respondents is exactly that – it is between the respondents and the Department. The applicants own failure to submit reports to the child care management system (Federal) does not give it the right to access information on which any benefit may have been based. It is not for the applicant to go fishing for information to which it is not privy but rather for the applicant to prove its own case i.e. alleged breach of agreement/s resulting in loss based on the evidence it can produce.
Application to attend and produce is refused.
0
0
0