ADMINISTRATIVE LAW – whether Administrative Appeals Tribunal denied the applicant procedural fairness- where Tribunal found that the person with management or control of the applicant was an “integral staff member” of Golden Heart Family Day Care Pty Ltd which had been non-?compliant with the family assistance law and this factor weighed moderately against granting the applicant approval to be involved in the administration of the Child Care Subsidy (CCS) and the Additional Child Care Subsidy – where neither party made submissions to the Tribunal on this finding – where the Tribunal found that the truth lay somewhere in the middle of the parties’ respective submissions and was open on a “natural evaluation” of the material before the Tribunal – held: no denial of procedural fairness – alternatively, any error was not material
ADMINISTRATIVE LAW – whether Tribunal failed to make findings about relevant “matters” required by s 94E of the A New Tax System (Family Assistance) (Administration) Act 1999 (Cth) – where Tribunal was required to consider each matter in s 194E – where the requirement to consider a matter is distinct from the requirement to expressly address each matter in written reasons – held: the Tribunal had regard to each of the matters prescribed in s 194E
ADMINISTRATIVE LAW – whether the Tribunal misunderstood its task and failed to consider probative material – whether Tribunal identified factors for or against the applicant “being granted CCS approval”, rather than weighing the prescribed matters in s 194E(1) for the purposes of being “satisfied” that the applicant and Ms Abdi were fit and proper persons – where the practical consequence of assessing whether the applicant and Ms Abdi were fit and proper persons was to determine the application for approval – held: read fairly as a whole, it is sufficiently clear from its reasons that the Tribunal understood that its task
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca0020
For more information, see the original judgement.
