Stay of Cancellation of Provider Approval: Mother’s Choice Family Day Care Pty Ltd v Secretary, Department of Education

The NSW Civil and Administrative Tribunal recently stayed the decision of the Department to cancel the provider approval of Mother’s Choice Family Day Care Pty Ltd under section 33(1)(a)(i), Children (Education and Care Services) National Law (NSW). The decision was stayed until a further hearing by the Tribunal and on the following conditions:

(1)   Mother’s Choice Family Day Care Pty Ltd is prohibited from enrolling more than 100 children at Kids Choice Family Day Care Pty Ltd at any one time.

(2)   Mother’s Choice Family Day Care Pty Ltd is prohibited from engaging or registering more than 17 educators with Kids Choice Family Day Care Pty Ltd.

(3)   Mother’s Choice Family Day Care Pty Ltd is to suspend the provision of education and care by the following educators: Aliaa Kobbanchi, Nabila Quadrat, Chania El Mir, Shaista Khan, Maryan Mohamed and Shukira Abubeker.

(4)   Mother’s Choice Family Day Care Pty Ltd is prohibited from engaging and registering Waad Elchehni with Kids Choice Family Day Care Pty Ltd.

(5)   Mother’s Choice Family Day Care Pty Ltd is to provide proof of the suspensions arising under condition (3) to the respondent by 5:00 pm on 30 June 2020.