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Entities that can become approved child care providers

State and territory approval and registration

With some exceptions, child care providers and services must be approved or registered by the state or territory authority responsible for early childhood education and care in the location of the service. For the contact details for each state or territory authority, see Contacts - National Quality Framework (including National Law and Regulations) and state and territory authorities.

Services that are not able to be approved for Child Care Subsidy

Services cannot be approved under Family Assistance Law if they are any of the following:

  • informal care through personal arrangements (for example babysitting)
  • primarily provide:
    • instruction in an activity, such as sport or music, or
    • a disability or early intervention service
  • care where the child's parent primarily provides care or is readily available during the interval and retains responsibility for the child while the service is provided, such as a playgroup or toy library
  • a service primarily providing short-term irregular care at a place where the parent is a visitor and is readily available, such as a crèche service provided by a gym
  • a service that primarily provides an early educational program to children in the year that is two years before Year 1 of school, such as a preschool or kindergarten.

Mixed or integrated services can still be approved if they include such activities, but not if this is the service they primarily provide.

Eligible business structures

Table 1 below describes the entities that can become approved child care providers and indicates what information is required in an application for provider approval.

If a person operates a business in Australia and does not trade under their own name, they need to register a business name with the Australian Business Register.

Table 1: Descriptions of types of entities that can become approved child care providers, with details of the information required in their applications

Entity type

Description

Information required with application for provider approval

Sole trader

An individual person who has legal capacity and/or authority to enter into obligations in their own right.

Evidence of place of business (for example, lease agreement)

Partnership

A collection of entities (for example, made up of individuals, companies or other corporate bodies) where the control or management of the business is shared.

A copy of the signed partnership agreement/deed between all members of the partnership.

Private company

A company registered with the Australian Security and Investments Commission as Proprietary Limited (cannot raise funds from the general public).

Historical and Current Company Extract Report from the Australian Securities and Investments Commission, no older than three months from the date of application.

This report includes the names and addresses of current and previous Company Directors, Secretaries, and other office holders, as well as company shareholders and the Australian Company Number (ACN).

Public company

A public company is registered with the Australian Securities and Investments Commission and is usually formed to raise or borrow public money by listing the company's shares for trading on the stock exchange.

Historical and Current Company Extract Report from the Australian Securities and Investments Commission no older than three months from the date of application.

Incorporated body/association

An entity in its own right which is separate from the individual members and given legal status by state/territory legislation, for example, the Associations Incorporation Act 1981 (Victoria), and will have a constitution or rules setting out how it is to operate.

Constitution or rules of association.

Annual general meeting minutes (if applicable).

List of elected office bearers.

Financial statement for previous financial year.

A letters patent (if applicable).

Indigenous corporation

An Indigenous corporation is voluntarily registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006.

Rules/constitution of association.

Annual general meeting minutes (if applicable).

List of elected office bearers.

Registered co-operative

A co-operative is a democratic organisation, owned and controlled by its members for a common benefit. The name of a registered co-operative always includes the word 'Co-operative' or 'Co-op' and ends with 'Limited' or 'Ltd'.

List of directors - this should include details of directors' addresses and occupations.

Certified copy of the rules as registered.

Board appointed person - name of person appointed by the Board who is responsible for daily activities of the Society.

Unincorporated body

An unincorporated body is not a separate legal entity from its members. It is simply the group itself, of people who have agreed to come together to pursue a common purpose with club-like characteristics, for example, sporting club, social club or trade union.

Governing document(s) outlining the relevant rules and how the governing body will be run.

Evidence that the person has authority to apply (for example, delegation letter).

Evidence of a governing body should take the form of governing documents that clearly set out rules about how the unincorporated body will be run, and specify items such as decision-making, liability, management of resources and membership. The format these documents may take and what they will cover depends on the size of the organisation. At a minimum, it is important to have financial controls (like rules around who can handle money) and rules for managing issues such as conflicts of interest and how to handle complaints.

Body politic (government entity)

Australian or state and territory government bodies are not required to register their name or any name they trade under as a business name, but may still wish to do so under some circumstances.

Australian, state/territory or local government entity - evidence that the person has authority to apply (for example, delegation letter).

For a local government entity - an extract of relevant legislation. This should set out the manner in which the Council can enter into contracts.