Child care providers may get a section 158 notice if we think you have information, documents or records that will help us administer Family Assistance Law.
On this page:
What is a section 158 notice?
A section 158 notice is a legal document requiring you to provide information, documents or records to the Department of Education, Skills and Employment.
A section 158 notice is an important legal document. You should read it carefully.
Why did I get the notice?
Family Assistance Law gives officers of the department the authority to request information, documents or records to help administer the law.
We may send you a section 158 notice if we think you have information, documents or records that will help us. For example, we may ask for information, documents or records about:
- provider or service approvals
- entitlements to family assistance payments.
We may request information, documents or records from:
- a current or former approved child care provider or service
- an individual (for example, a family member or educator)
- organisations (for example, state regulatory authorities, law firms, registered training organisations).
The notice may also require you to give information in person.
How do I respond?
You must follow the instructions in the notice.
The notice will include the following details:
- what you need to do
- when you need to do it by
- what information, documents or records you should provide
- how to provide it
- contact details of the issuing officer.
We are unable to accept responses via external file share sites such as Dropbox and Google Drive.
Do I have to respond?
It is an offence under Family Assistance Law to refuse or to fail to comply with a section 158 notice. There may be serious legal consequences if you refuse or fail to comply with one.
However, the offence:
- only applies to the extent to which the person is capable of complying with the notice
- does not apply if the person has a reasonable excuse for not complying with the request.
What if I need help?
You should contact the issuing officer if you need more information or believe you are unable to comply with anything in the notice.