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What notice needs to be given?
Providers must notify the department of any of the following changes to their service(s), within the timeframe specified. Penalties may apply if providers fail to make required notifications.
Providers must notify the department at least 42 days before they stop operating a service.
Table 11: Matters that child care providers need to notify to the Department of Education and the specified timeframes
Matters to be notified |
Timeframe for notification |
---|---|
The total hourly fee charged by the service for care for each approved child care service of the provider (before any fee reduction amounts or other rebates or discounts) as set out in any policy or advertising information provided to individuals who enrol their children with the service. Any change to the fee information. |
Within 14 days of any of the following:
|
The hours and days on which each approved child care service of the provider operates, with opening and closing times notified in 24-hour format. Any change to the operating hours. |
Within 14 days of:
|
The number of anticipated vacancies that the provider has available to fill in each of its approved child care services for each day of the following week (beginning on a Monday). A vacancy is:
|
By 8.00 pm (AEST) each Friday. |
Ceasing to operate an approved child care service:
|
Within 24 hours after ceasing to operate the service. |
Change of physical or postal address of:
|
No later than 30 days before the change or, if the change was not foreseeable at that time, as soon as practicable. |
Change to the name of:
|
Within 14 days after the change. |
Change of any of the following contact details of the provider or of any of the provider’s approved child care services:
|
Within 14 days after the change. |
Information about any new person:
The information must include:
|
Within seven days after the new person becomes a person with management or control of the provider or a Family Day Care or In Home Care educator. |
Change of the name or contact details for any of the following persons:
|
Within seven days after the provider becomes aware of the change. |
The provider becomes aware, because of a background check undertaken for a specified person, that the person:
|
Within seven days after the provider receives a record of the check. |
An event or circumstance in relation to a person with management or control of the provider (including a person responsible for the day-to-day operation of any of the provider’s approved child care services) that reasonably indicates that the person is not likely to be a fit and proper person to be involved in the administration of Child Care Subsidy. |
Within seven days after the provider becomes aware of the event or circumstance. |
A person stops having management or control of the provider (including when a person stops having day-to-day responsibility for the operation of any of the provider’s approved child care services). The provider must also notify the Secretary of the department of when, and the reason, the person stopped having management or control of the provider. |
Within seven days after the person stops having management or control of the provider. |
An educator obtains a child care qualification from a registered training organisation and:
|
Within seven days after the provider becomes aware of the matter. |
A provider or a person with management or control of the provider obtains an interest, or is likely to obtain an interest, in a business which may affect their ability to comply with Family Assistance Law, where the approval may benefit the business or where a conflict of interest might reasonably be perceived to exist. |
Within seven days of the provider becoming aware of the matter. |
Change in the status of a working with children card for anyone who is required to have such a card under section 195D of the A New Tax System (Family Assistance) (Administration) Act 1999—for example, if the card is amended, suspended or revoked. |
Within 24 hours after the provider becomes aware of the change of status. |
The provider enters into administration, receivership, liquidation or bankruptcy, and the details of this event. |
Within 24 hours after the event. |
Unexpected closure of any of the provider’s approved child care services due to unforeseen circumstances. |
Within 24 hours after the closure. |
A serious conviction or finding of guilt of:
|
Within 24 hours after the provider becomes aware of the charging, conviction or finding of guilt. |
Under Family Assistance Law, a person may commit an offence and is liable to a civil penalty if the provider does not give the department written notice of the above matters within the required timeframes.
How is notice given?
All notifications can be made through a service's child care software or the PEP. However, providers will need to ensure that their child care software can update and is updating required information.