MI v Communicare Sydney [2009] NSWADT 164

MI v Communicare Sydney [2009] NSWADT 164

Although MI committed a serious breach by leaving family day care children in the care of her mother-in-law and the Tribunal found it more likely than not that Child 1 was briefly in the unregistered area, the correct and preferable decision at the time of review was to revoke deregistration because the conduct was a one-off occurrence, MI had an otherwise unblemished and highly regarded record, the period of effective suspension had a deterrent effect, MI appreciated the seriousness of her error, and there was no material risk that the conduct would be repeated. Revocation was made conditional on further training and undertakings designed to prevent recurrence.

Jurisdiction
Australia
Judgment Date
26 June 2009
Procedural Posture
Application for Review of Decision to Deregister a Family Day Care Carer / External Review by the Administrative Decisions Tribunal
Outcome
The decision to deregister MI as a family day care carer was revoked, with the revocation to come into effect only after specified conditions are satisfied.
Legal Topics
['reviewable Decision' 'family Day Care Carer Deregistration' 'correct and Preferable Decision' 'conditions on Revocation of Deregistration']
['administrative Law' 'community Services' "children's Services Regulation"] ['reviewable Decision' 'family Day Care Carer Deregistration' 'correct and Preferable Decision' 'conditions on Revocation of Deregistration']

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Procedural Posture

Application for Review of Decision to Deregister a Family Day Care Carer / External Review by the Administrative Decisions Tribunal

Legal Issues

  1. 1 ["Whether Communicare Sydney's decision to deregister MI as a family day care carer should be affirmed or revoked." 'Whether MI left a family day care child in the care of a family member in breach of her obligations.' "Whether a family day care child was permitted into an unregistered part of MI's home." 'Whether MI failed to receive a child into care and failed to ensure that a child was signed in on arrival.' "Whether there was a material risk that MI's offending conduct would be repeated."]

Ratio Decidendi

Although MI committed a serious breach by leaving family day care children in the care of her mother-in-law and the Tribunal found it more likely than not that Child 1 was briefly in the unregistered area, the correct and preferable decision at the time of review was to revoke deregistration because the conduct was a one-off occurrence, MI had an otherwise unblemished and highly regarded record, the period of effective suspension had a deterrent effect, MI appreciated the seriousness of her error, and there was no material risk that the conduct would be repeated. Revocation was made conditional on further training and undertakings designed to prevent recurrence.

Court Disposition

The decision to deregister MI as a family day care carer was revoked, with the revocation to come into effect only after specified conditions are satisfied.

Orders

  • ['The decision to deregister MI as a family day care carer is revoked.' 'MI agrees to undertake any further training as directed by Communicare relating to the statutory obligations of family day care carers.' 'MI provides a written undertaking to Communicare that she will not in any circumstances leave any family...