Certain people at an early childhood education and care service must have background checks. Providers must have evidence of these checks. In some cases, providers must report the details of the checks to us.
On this page:
About background checks
Family Assistance Law requires providers to hold background checks for certain people in their organisation.
Conducting background checks helps us ensure that people working in the sector are fit and proper.
Who needs a background check
The following people require background checks:
- educators
- persons with management or control of a provider (PMCs)
- persons responsible for the day-to-day operation of a service (persons responsible at the service).
Find out more about PMCs and persons responsible at the service.
The checks these people may need include:
- National Police Check
- working with children check (WWCC)
- National Personal Insolvency Index check
- evidence that the person is not on the Australian Securities and Investment Commission’s (ASIC) banned and disqualified register
- a current and historical personal name extract search of ASIC records.
When to conduct background checks
Initially, these checks are part of your application to become an approved provider.
Once approved, you must conduct the relevant background checks when new people join your organisation. You must do this to maintain your approval.
How to record and report background checks
You must make a declaration in the Child Care Subsidy System that you have completed all required checks.
You must retain copies of all required checks and provide them to us upon request.
In some cases, you must report specific details of these checks in the Child Care Subsidy System.
You must also notify us when you become aware an individual has an adverse finding against one of the mandatory background checks.
You can make declarations and report details of checks via the Provider Entry Point (PEP) or your third-party software.
Mandatory background checks
The following table outlines:
- who needs each check
- how to do the check
- what you need to show us
- how to show us
- timeframes that apply.
| Checks required | Details |
|---|---|
| National Police Check | Who requires the check
How to do the check Contact the police service for your state or territory or an organisation accredited by the Australian Criminal Intelligence Commission. What you need to show us A National Police Check or Nationally Coordinated Criminal History Check which is able to be verified. How to show us In your initial provider approval application:
When a new person who requires the check joins your organisation:
Timeframes You must notify us within 24 hours if you become aware that an individual has a serious conviction or finding of guilt. |
| A working with children check | Who requires the check You must ensure any person required by state or territory law to hold a working with children check (WWCC), has one. This includes:
Each state and territory have different laws about who must have a WWCC. It is your responsibility to find out who requires a WWCC in your jurisdiction and ensure they have one. Find out who needs a WWCC via the WWCC regulator in your state or territory. How to do the check Apply for a WWCC via the WWCC regulator in your state or territory. What you need to show us You must retain a copy of the WWCC, as issued by the state or territory government, and provide it to us on request. You must report details of the WWCC in the Child Care Subsidy System for the following people:
How to show us In your initial provider approval application:
Once approved, you must report new checks and any changes to existing checks for the people listed above via the Provider Entry Point (PEP) or your third-party software. Timeframes The working with children check must be current and held immediately before the person started in the position at your organisation. Where required to report, the following timeframes apply:
Learn more about your WWCC reporting obligations. |
| National Personal Insolvency Index check | Who requires the check
How to do the check Use the bankruptcy register search service provided by the Australian Financial Security Authority. What you need to show us A copy of the search results. How to show us In your initial provider approval application:
When a new PMC joins your organisation:
Timeframes The check must be carried out no more than 30 days before the person started in the position. You must notify us within 7 days if you become aware the individual is an undischarged bankrupt. |
| Evidence that the person is not on ASIC’s banned and disqualified register | Who requires the check
How to do the check Use the banned and disqualified search provided by ASIC or an ASIC-approved information broker. What you need to show us A copy of the search results. How to show us In your initial provider approval application:
When a new PMC joins your organisation:
Timeframes The individual must not be on the banned list at the date of application. You must notify us within 7 days if you become aware the individual was a director or secretary of a corporation when the corporation went into administration, receivership or liquidation at any time during the previous 12 months. |
| A current and historical personal name extract search of ASIC records | Who requires the check
How to do the check Use the application provided by ASIC or an ASIC-approved information broker. What you need to show us A copy of the search results. How to show us In your initial provider approval application:
When a new PMC joins your organisation:
Timeframes The check must be carried out no more than 30 days before the person started in the position. |