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Conditions for continued approval

Family Assistance Law sets out certain conditions for continued approval that apply to approved providers. These are fundamental requirements that approved providers must comply with in order to maintain their approval under Family Assistance Law. The conditions for continued approval include:

  • the provider must continue to satisfy the provider eligibility rules (see Appendix D)
  • each approved child care service of the provider must continue to satisfy the service eligibility rules (see Appendix D)
  • the provider must not contravene Family Assistance Law
  • the operation of each approved service and provision of care by each service must comply with all requirements imposed by a Commonwealth law, or by a law of the state or territory in which the service is situation
  • each child care service of the provider must operate for not less than the minimum period each year (see What is the minimum number of weeks each year an approved service must operate?)
  • the provider must give the Department of Education the details of the working with children card held by each person who is required to hold such a card and who provides care at one of the provider’s child care services
  • the provider must comply with any conditions for continued approval imposed by the Secretary of the Department of Education
  • a provider which is approved to operate a Family Day Care service must ensure that less than 50 per cent of the children to whom any Family Day Care educator is providing care within a Child Care Subsidy fortnight at the service is related to the educator as a niece, nephew, cousin, grandchild or great grandchild (see Can care be provided by relatives of the children?)
  • an approved service must continue to be operated by the provider that applied for approval for that service and must be operated as the same type of service that is specified in the approval notice.

There are also conditions of approval that apply specifically to approved providers of In Home Care services, which can be found in the In Home Care Handbook.