Cancellation of Cildcare Benefit Approval: Hilal Family Day Care Scheme and Secretary, Commonwealth Department of Education and Training

This was another case heard by the Australian Administrative Appeals Tribunal in which Hilal Family Day Care Scheme Pty Ltd sought a review of the decision of the Department to cancel its child care benefit (CCB) approval issued under A New Tax System (Family Allowance) (Administration) Act 1999 (Cwlth) for failing to meet the conditions of the approval. Specifically, Hilal claimed CCB for sessions in which educators or children were overseas; claimed for care of children by educators in excess of the number permitted by the National Regulations; and engaged in "child swapping". The Tribunal regarded these contraventions as serious and upheld the decision of the Department to cancel the approval:

I am satisfied overall that comprehensive and serious contraventions of the family assistance law by the applicant have been established, which merit sanction. 

The respondent decided that the appropriate sanction was to cancel the applicant’s approval, a matter within the respondent’s discretion under the statute. For all the reasons I have mentioned, I consider that decision to be the correct or preferable decision, and the reviewable decision will be affirmed. (paras. 23-4)