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Service eligibility rules

The service eligibility rules are:

  • the service is of a type that can be approved
  • the provider of the service holds any approvals or licences required to operate the service under the law of the state or territory in which the service is situated
  • each person who is responsible for the day-to-day operation of the service (whether or not the person is employed by the provider of the service) is a fit and proper person
  • each person who will be responsible for the day-to-day operation of the service (whether or not the person is employed by the provider of the service) on the day the provider is approved to operate the service is a fit and proper person
  • in the case where the service is covered by allocation rules (that is, an In Home Care service)—if the provider of the service were to be approved, child care places would be allocated to the service
  • the Secretary of the Department of Education is satisfied that it is appropriate for the provider to be approved to operate the service having regard to the following
    • if the provider is already an approved provider—any conditions imposed on the provider’s approval
    • any non-compliance by the provider with a law of the Commonwealth or a state or territory
    • the provider’s record of receiving and passing on payments under Family Assistance Law
    • the provider’s record of administering Commonwealth, state or territory funds
    • the capacity for staff working at the service to use the electronic system for managing child care payments under Family Assistance Law
    • the following matters for each Family Day Care educator or In Home Care educator
      • any act of the educator involving fraud or dishonesty
      • the arrangements the provider puts in place to ensure the educator complies with Family Assistance Law
    • any other matter the Secretary of the Department of Education considers relevant
  • additional criteria for service eligibility rules set out in the Minister’s Rules.