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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I have been running an afterschool care service at a local

Customer Question

I have been running an afterschool care service at a local primary school for 11 years, last year it was put out to tender for this school year, I was advised I did not win the tender, however the company that did win, has not got the employees it needs , using volunteers , or the service approval it should have had , I can no longer run my business as it was, because I can't find anywhere locally near the school to operate, and my business was run from the school for those students.
Parents have indicated they would use my service if I was able to operate close by. Should the school have allowed a tender applicant that was not able to start with the proper licences and employees?
Submitted: 10 months ago.
Category: Australia Law
Expert:  kmslaw replied 10 months ago.

Hello my name is***** am a solicitor in NSW who will help with your inquiry today. Basically it is up to the school to check on whether those who are successful in the tender are capable of running the service and while technically they would be foolish to not check with the successful tenderer whether they have the right number of employees required or the proper licences, it is really a risk that they take on, not something that you can take action about. However, do you know whether the funding for after school care was provided through a government grant given to the school or does the school get a tax benefit from having the after school care service made available to them? If so, there may be some rules around that as to who they grant the contract to that I could look into for you.