Changes to Family Assistance Law from 10 October 2016

On 11 September the Minister for Education and Training announced changes to the Compliance Framework through Family Assistance Law.

All approved child care services should be aware that there are three new child care integrity requirements included through changes to Family Assistance Law.

The Australian Government is bringing forward measures to strengthen the integrity of the child care payments Compliance Framework to ensure the delivery of high quality, flexible and affordable child care to families.

What are the changes?

The changes commence from 10 October 2016 and will ensure:

Change One
Child care fee assistance is not payable for:

  • care where there is not a genuine liability to pay fees
  • care that is predominantly transport
  • Family Day Care provided in the child’s own home, or where the parent is present
  • Family Day Care or In-Home Care provided by a parent or sibling.

Change Two         
A minimum benchmark for existing notifiable events obligations is established, and these are extended to key personnel. Services must notify the department where they become aware that a key personnel, staff member, Family Day Care educator or In-Home Care educator:

  • is charged with or found guilty of a serious indictable offence
  • becomes bankrupt
  • has their working with children check (WWCC) refused, amended or cancelled.

Change Three      
New suitability criteria applies to relevant people, including applicants for service approval, approved services and particular individuals associated with them.

The changes commence from 10 October 2016 and are made through the following Determinations:

Resources

The following resources provide further information regarding the new compliance measures.

General Guidance for new suitability criteria

New suitability criteria applies to relevant people, including applicants for service approval, approved services and particular individuals associated with them. This document provides general guidance to relevant people on how the Department of Education and Training may require them to demonstrate to the department that they are suitable to operate a child care service. 

• Changes to Family Assistance Law from 10 October 2016 – General guidance for suitability under Family Assistance Law 

More information 

If you have any questions about these new legislative changes, please email: childcareintegrity@education.gov.au.