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Notifications

What notice needs to be given?

Providers must notify the Department of Education 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:

  • commencement of the service
  • notice of approval of the service
  • any change.

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:

  • commencement of the service
  • notice of approval of the service
  • any change.

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:

  • for a Centre Based Day Care service or a Family Day Care service—an ongoing full-day vacancy
  • for an Outside School Hours Care service—an ongoing full-session vacancy.

By 8.00 pm (AEST) each Friday.

Ceasing to operate an approved child care service:

  • to avoid being in breach of a law of the Commonwealth, a state or a territory
  • due to circumstances beyond the provider’s control when 42 days’ notice cannot be given.

Within 24 hours after ceasing to operate the service.

Change of physical or postal address of:

  • the provider
  • the premises from which any of the provider’s approved child care services operate.

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:

  • the provider
  • any of the provider’s approved child care services, including evidence of name change.

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:

  • email address
  • website
  • telephone number
  • fax number.

Within 14 days after the change.

Information about any new person:

  • with management or control of the provider (including any person who becomes responsible for the day-to-day operation of any of the provider’s approved child care services)
  • who becomes a Family Day Care educator or In Home Care educator for any such service.

The information must include:

  • the name and contact details of the new person
  • a declaration that the provider has undertaken all background checks required for the new person, together with details of the new person’s working with children card, if applicable.

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:

  • a person with management or control of the provider (including any person who is responsible for the day-to-day operation of any of the provider’s approved child care services)
  • a Family Day Care educator or In Home Care educator for any such service.

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:

  • has a serious conviction or finding of guilt for any of the following offences under a law of Australia or of a foreign country
    • an indictable offence punishable by a maximum of two years imprisonment or 40 penalty units
    • an offence involving violence or a sexual offence
    • an offence involving fraud, stealing or dishonesty
  • is an undischarged bankrupt, or
  • was a director or secretary of a corporation when the corporation went into administration, receivership or liquidation, or at any time during the 12 months beforehand.

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 Education 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:

  • the provider or person with management or control has an interest in that registered training organisation by virtue of which the provider or person owns, operates, controls or carries out the registered training organisation, and either
    • it appears that the educator has not obtained the qualification solely on her or his own merit
    • the qualification has otherwise been obtained in circumstances that might be perceived as demonstrating a conflict of interest.

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:

  • a person with management or control of the provider (including a person who becomes responsible for the day-to-day operation of any of the provider’s approved child care services), or
  • a Family Day Care educator, In Home Care educator, or another educator.

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 of Education 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.