In Eminem Kids Academy Pty Ltd v Secretary, Department of Education, the NSW Civil and Administrative Tribunal reviewed the decision of the Department. Eminem Pty Ltd (Eminem) operates two education and care services in Auburn at Mary Street and Northcote Street. The Mary Street service is authorised to provide education and care for up to 38 children. The Northcote Street service, up to 49 children. On 16 March 2022, under s.33, Children (Education and Care Services) National Law (National Law), a delegate of the Secretary, Department of Education (the Department) decided to cancel the provider approval of Eminem with effect from 30 March 2022. The cancellation was based on extensive non-compliances at both services including in relation to exceeding permitted number of places; enrolment records; harm and hazards; medication records; risk assessments for the transport of children; ratios; staff records; evacuation procedures; and supervisor leaving service.
Eminem applied to the Tribunal for a review of that decision. Eminem also sought a stay of the decision made by the Department pending the outcome of the review.
The Tribunal granted Eminem an adjournment of the stay application and the Tribunal made orders for an interim stay with conditions until the interim hearing could be dealt with.
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