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Offence and civil penalty provisions

Family Assistance Law also contains offence and civil penalty provisions.

Some of the offences are strict liability offences, which removes the fault element from the offence. This means that it would be enough to prove that the person committed the act; and it would not be necessary to prove that the person acted with criminal intent, knowledge, recklessness or negligence when committing the act.

Contravention of an offence provision can result in criminal prosecution by the Commonwealth Director of Public Prosecutions, and in a court issuing a penalty order requiring payment of a fine.

Contravention of a civil penalty provision may result in an infringement notice being issued by the department to the provider requiring payment of monetary penalty; or in a civil penalty order being issued by a court requiring payment of a civil penalty.

As breach of any provision of Family Assistance Law is a breach of a condition of continued approval, more serious sanction action, such as cancellation or suspension of provider approval or service approval, may also be taken.