Stay of Cancellation of Childcare Benefit Approval: Global Family Day Care Pty Ltd and Secretary, Department of Education

In a case before the Australian Administrative Appeals Tribunal, Global Family Day Care Pty Ltd were granted a stay of the decision by the Commonwealth Department of Education to cancel their approval. According to the judgment various proceedings are also on foot before the Federal Court and NSW Civil and Administrative Tribunal. The Tribunal granted the stay on one condition:

A stay of the reviewable decision seems to me to be desirable in the special circumstances of the case, but subject to a condition on which I will hear the parties within seven days. Unless otherwise directed, the condition will operate in ten days from the date of this decision. As is usual the stay will operate until further order. The condition which I have in mind is that the applicant uses its best endeavours to ensure that no overpayment of CCS funds occurs between now and the determination of the proceedings. If such overpayment comes to notice, the Applicant is to repay it forthwith. (para.18)