11 December 2020

Cancellation of Childcare Benefit Approval: Mohamed trading as Billan Family Day Care v Secretary, Department of Education, Skills & Employment (No 2

In a previous blog post, I reported on a case in which the Federal Court granted a stay of cancellation of CCB approval of Billan Family Day Care. In this case, the Court heard the appeal against cancellation by the Department. The application for review of the decision by Billian was made on the interpretation and application of the applicable legislation. The Court held that the Department made the correct decision in cancelling approval which was based on the applicant having not complied with one or more conditions for continued approval. Amongst other things, these related to inaccurate reporting of care and failure to comply with the National Law and Regulations (see paras. 26-33).

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