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Making an application

Figure 2: Steps in the approvals process
Flow diagram of the approvals process—registering personnel, completing the application and the decision on the application.

What information needs to be submitted in an application?

Once the individual representing the provider has registered with PRODA, they need to use their PRODA user name and password to log in to the PEP and start a new provider application.

An application will need to include the information as set out in Tables 1 and 2 below. It is important to ensure that the application is complete, as an application may be taken to have not been made if it does not include the required information, and the Department of Education would not be required to assess the application.

Table 1: Information required in a new provider application

Category

Information required

Applicant

  • Name.
  • Contact details.
  • Proof of identity (via PRODA)—Registration Authority Number.

Provider

  • Full legal name and proposed trading name.
  • Street and postal addresses (in the case of a company registered with the Australian Securities and Investments Commission, the address must match the address of the registered office or principal place of business).
  • Australian Business Number.
  • Approval number from the state or territory authority.
  • Name and contact details for each person with management or control of the provider.
  • If applicable
    • if the provider is applying in its capacity as a trustee of a trust—a copy of the relevant trust deed
    • if the provider is registered with the Australian Charities and Not-for-profits Commission—details of registration with the Australian Charities and Not-for- profits Commission, as publicly available on the Australian Charities and Not- for-profits Commission website.

Background checks

  • Details of working with children cards for anyone required to hold a working with children card for care provided by a child care service of the provider.
  • Where the provider is an individual, evidence of place of business (for example, a lease agreement).
  • Where the provider is a company, a current and historical company extract obtained through the Australian Securities and Investments Commission website, no older than three months before the date of application.
  • See Table 2 for evidence that other applicant entity types must provide.

Each person with management or control of the provider

All the following information for each person with management or control of the provider:

  • Where the person is an individual—a copy of the results of a bankruptcy search conducted through the Australian Financial Security Authority website.
  • Where the person is a company—a current and historical company extract obtained through the Australian Securities and Investments Commission website.
  • Where the person is an individual—a copy of the results of an Australian National Police Criminal History Check obtained from the relevant state or territory police service or an agency accredited by the Australian Criminal Intelligence Commission and obtained no more than six months prior to the date of the application.
  • A current and historical personal name extract obtained through the Australian Securities and Investments Commission website.
  • Evidence that the person does not appear on the banned and disqualified register held by the Australian Securities and Investments Commission (in the form of a computer printout of the results of the search).

Potential, perceived or apparent conflict of interest

  • The identity of any company that owns or controls the provider applying for approval.
  • A declaration regarding the kinds of circumstances relating to perceived, potential or apparent conflicts of interest
    • any interests of the provider or person with management or control in a registered training organisation that an educator has obtained a qualification from, and matters related to that qualification
    • any interest of the provider or person with management or control in a business that might affect ability to comply, or have effect of conferring a benefit or raising perceptions of a conflict of interest.

Proposed services

For every service to be added to the provider's approval:

  • the proposed name of the service (if a business name has been registered with the Australian Securities and Investments Commission, that name)
  • any approval number issued by a state or territory authority regarding approval or registration of the education and care service
  • the type of service being applied for
  • the physical address where the service proposes to provide the care
  • the name and contact details for each person responsible for the day-to-day operation of the service
  • for each individual responsible for the day-to-day operation of the service, an Australian National Police Criminal History Check, obtained no more than six months before the date of the application, from the relevant state or territory police service or an agency accredited by the Australian Criminal Intelligence Commission
  • for a proposed Family Day Care or In Home Care service, a declaration that all proposed educators are fit and proper persons having regard to any prior actions involving fraud or dishonesty; and that they have the capacity to comply with Family Assistance Law.

In Home Care Service

Where the application is made for an In Home Care service, evidence that there has been contact with an In Home Care Support Agency for the purposes of providing the In Home Care service.

How does a provider prove legal entity status?

Table 2 sets out the information needed in an application for provider approval to show the provider's status as a legal entity.

Table 2: Supporting information required with a new provider application

Entity type

Information required with application for provider approval

Sole trader

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

Partnership

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

Private company

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

Public company

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

Incorporated body/ association

  • Constitution or rules of association.
  • Annual general meeting minutes (if applicable).
  • List of elected office bearers.
  • Financial statement for previous financial year.
  • Letters patent (if applicable).

Indigenous corporation

  • Rules or constitution of association.
  • Annual general meeting minutes (if applicable).
  • List of elected office bearers.

Registered co-operative

  • 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

  • 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, state and territory or local government entity—evidence that the person has authority to apply (for example, delegation letter).
  • Local government entity—an extract of relevant legislation. This should set out the way the council can enter into contracts.

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.

What happens after an application has been made?

Once a complete application is received, the Department of Education will consider whether the application contains the information required for the department to undertake an assessment. If the application is not complete, the department will notify the applicant that the application is incomplete but is not obliged to invite the applicant to submit the missing information and documents.

There is no set time for the department to complete an application assessment.

The effective start date for approval for Child Care Subsidy may be backdated to the date the application was submitted.

If a provider is approved with respect to one or more services, it will hold that approval subject to a range of conditions of approval set out in Family Assistance Law (see Appendix E).

Additional conditions may also be placed on an approval on a provider-by-provider or service-by-service basis. To maintain approval, the provider must comply with all those conditions.

If an application is refused and the applicant is not satisfied with the decision, after considering the reasons given, they can ask the Department of Education, Skills and Employment for an internal review. Further information regarding review rights will be included in the refusal notice issued to the applicant by the Department of Education, Skills and Employment.