Compliance Measures from 10 October 2016


On 10 October 2016, changes to the Family Assistance Law started.

It is important all approved child care services be aware of the changes.

Three changes were made. The changes strengthen the integrity of the child care payments and will help to ensure the delivery of high-quality, flexible and affordable child care to families.

Change One

Child care fee assistance is no longer payable for:

  • care where there is not a genuine liability to pay fees
  • care that is predominantly transport
  • Family Day Care provided in the child's own home, or where the child's parent is present
  • Family Day Care or In-Home Care provided by a parent or sibling.

Change Two

Services must notify the Department when they become aware that a key personnel, staff member, Family Day Care educator or In-Home Care educator:

  • is charged with or found guilty of a serious indictable offence
  • becomes bankrupt
  • has their working with children check (WWCC) refused, amended or cancelled.

Change Three

Stronger suitability criteria have been introduced for certain people, including

  • applicants for service approval,
  • approved services and
  • particular individuals associated with them.

The changes are made through the following Determinations:

More information on the changes and how to meet the new suitability requirements can be found in the General guidance for suitability under Family Assistance Law document.


The following resources provide more information regarding the new compliance measures.

Further information

If you have any questions about these new legislative changes, please email