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Providers, managers and educators must be fit and proper persons

A child care provider's directors, managers and staff (and board members, where applicable) - including staff with management or control and people responsible for the day-to-day operation of the service, Family Day Care educators, and In Home Care educators - must be 'fit and proper persons' to operate a child care service and to administer Child Care Subsidy and Additional Child Care Subsidy. Matters involving fraud, dishonesty or negligence can affect whether or not these people are fit and proper and are considered relevant in the decision about whether a provider or service is approved.

Specified personnel must be fit and proper persons, whether or not they are required to use the Child Care Subsidy System.

Issues taken into account may include:

  • evidence of activity that does not comply with criminal or civil law, including (but not limited to) activity related to children, or indicating dishonesty or violence
  • court proceedings, convictions or findings of guilt, including (but not limited to) activity related to children, or indicating dishonesty or violence
  • any past administrative decisions relating to a person's suitability to be involved in child care
  • evidence of fraud or dishonesty
  • the person's history of managing public funds, and any past or current debts to the Commonwealth
  • the person's record of financial management, including any instances of bankruptcy, insolvency or external administration
  • any potential conflicts of interest between managing or delivering the child care service and other business or financial interests of the person
  • any other matter relevant to the suitability of the provider and their staff.

Required background checks

To help determine whether people are fit and proper persons, the provider must carry out the following checks for each specified person. The provider must be able to provide a written record of those checks, including the evidence provided in support of the applications, at any time if requested.

A police check must be no more than six months old, and other checks no more than three months old, at the time of the application or the addition of the specified person to the provider's approval. However, new checks are not required every three or six months.

Working with children cards (where required) must always be kept current. Expired cards are unacceptable.

Table 3: The role of people employed in or managing child care and the checks required to determine they are fit and proper persons

Checks required

A person with management or control of the provider

A person with responsibility for day-to-day operation of the service

A Family Day Care or In Home Care educator

A National Police Certificate from the state or territory police service (or an agency accredited by the Australian Criminal Intelligence Commission) no more than six months before the date of the application

yes

yes

yes

A check in relation to the issue of a working with children card (if required to hold one)

yes

yes

yes

A National Personal Insolvency Index check performed using the Bankruptcy Register Search service provided by the Australian Financial Security Authority

yes

   

A current and historical personal name extract search of the records of the Australian Securities and Investments Commission

yes