We issue infringement notices to providers who do not comply with the law. This page lists the Family Assistance Law provisions for which we can issue an infringement.
On this page:
A New Tax System (Family Assistance) (Administration) Act 1999
| Civil penalty Provision[1] | Requirement | Civil penalty |
|---|---|---|
| 199C(1) | Requirement to provide notice of the following matters affecting approval after becoming aware:
|
60 penalty units |
| 200A(1) | Enrolment notices – Requirement to give notice if a child starts to be enrolled by a service | 30 penalty units |
| 200A(2) | Enrolment notice – Requirement to give notice if a child starts to be enrolled before approval given or during suspension of approval | 30 penalty units |
| 200A(3) | Enrolment notice – Requirement to give notice provider and person enter into an arrangement other than a complying written arrangement | 30 penalty units |
| 200C | Variation of complying written agreements – Requirement to ensure that a variation of a complying written arrangement is in writing | 30 penalty units |
| 200D(1) | Requirement to give notice of updates in relation to enrolment notices | 30 penalty units |
| 201A(1) | Requirement to pass on or remit fee reduction amount | 60 penalty units |
| 201B(1) | Requirement to enforce payment of hourly session fees | 60 penalty units |
| 201C(1), (1A), (1B) | Requirement not to charge an individual who is eligible for ACCS more than usual CCS hourly session fee | 60 penalty units |
| 201C(1A) | Requirement not to charge an individual who receives a ‘prescribed payment’ (see s16A of Minister’s Rules) more than hourly session fee for an individual who does not receive a prescribe payment | 60 penalty units |
| 201C (1B) | If provider not taking reasonable steps to enforce payment of hourly session fees because of a particular event or circumstance (e.g. service closed due to COVID-19 - s54 of Minister’s Rules), provider must not charge more than what the provider charged before the period of the event or circumstance | 60 penalty units |
| 201D(2) | Requirement to give individuals statements of entitlement | 30 penalty units |
| 201D(4) | Requirement to give a prescribed person statements of entitlement | 30 penalty units |
| 201E(2) | Requirement to give statements to an individual following changes of entitlement | 30 penalty units |
| 201E(4) | Requirement to give statements to a prescribed person following changes of entitlement | 30 penalty units |
| 202A(1) | Requirement to make written records of:
|
50 penalty units |
| 202B(4) | Requirement to keep records of:
|
50 penalty units |
| 202C(1) | Requirement to keep records in relation to certification for ACCS (child wellbeing) (that child is/was at risk of serious abuse or neglect) | 60 penalty units |
| 202C(2) | Requirement to obtain and record evidence that child is not at risk of serious abuse or neglect (if certificate for ACCS (child wellbeing) is cancelled) | 60 penalty units |
| 202D(1) | Requirement to keep Secretary informed about location of records after suspension or cancellation | 50 penalty units |
| 203A(1) | Requirement of large centre-based day care providers to provide financial information to determine financial viability | 60 penalty units |
| 204A(1) | Requirement to notify of intention to stop operating an approved child care service | 80 penalty units |
| 204A(3) | Requirement to notify if provider stops operating service due to breach of law or due to circumstances beyond provider’s control | 80 penalty units |
| 204A(6) | Requirement to provide further information if requested | 80 penalty units |
| 204B(1) | Requirement to report about children for whom care is provided | 50 penalty units |
| 204C(2) | Requirement to withdraw or substitute inaccurate report | 50 penalty units |
| 204D(4) | Requirement to give information about number of child care places | 30 penalty units |
| 204E(1) | Requirement to provide further information about care provided | 40 penalty units |
| 204F(1) | Requirement to notify Secretary of certain matters including matters outlined in Section 55 of the Child Care Subsidy Minister’s Rules 2017 – Refer table below | 50 penalty units |
| 204H(1) | Requirement to comply with the following provisions after provider’s approval is suspended, cancelled, or varied: 200A, 200C, 200D, 201A, 201B, 201C, 201D, 201E, 202B, 202C, 204B, 204C, 204E | See relevant civil penalty provision |
| 204K(1) | Requirement to notify appropriate State/Territory support agency[2] of child at risk of serious abuse or neglect after giving Secretary certification for ACCS (child wellbeing) | 50 penalty units |
| 204K(3) | Requirement to notify State/Territory support agency of risk of serious abuse or neglect before applying for determination for ACCS (child wellbeing) | 50 penalty units |
Section 55 of the Child Care Subsidy Minister’s Rules 2017
| Item | Requirement |
|---|---|
| Item 1 | Information on the fees for care for each approved child care service |
| Item 2 | Information on the hours and days on which each approved child care service, including any changes |
| Item 3 | Available vacancies in respect of each approved child care service |
| Item 4 | Ceasing to operate an approved child care service |
| Item 5 | Change of physical or postal address of the provider |
| Item 6 | Change of physical or postal address of the premises from which any of the provider’s approved child care service operates |
| Item 7 | Change to the name of the provider, including evidence of name change |
| Item 8 | Change to the name of any of the provider’s approved child care services, including evidence of name change. |
| Item 9 | Change of any of the following contact details of the provider, or of any of the provider’s approved child care services: an email address, a website, a telephone number or a fax number |
| Item 10 | Information about any new person: with management or control of the provider (including any person who becomes responsible for the day-to-day operation of any of the provider’s approved child care services), or who becomes an FDC educator or IHC educator in relation to any such service |
| Item 11 | Change of the name of or contact details for any of the following persons: a person with management or control of the provider (including any person who is responsible for the day-to-day operation of any of the provider’s approved child care services), an FDC educator or IHC educator in relation to any such service |
| Item 12 | The provider becomes aware, because of a check undertaken in relation to a person as mentioned in section 43, that the person: has a conviction or finding of guilt, is an undischarged bankrupt or was a director or secretary of a corporation when the corporation went into administration, receivership or liquidation, or at any time during the 12 months beforehand |
| Item 13 | An event or circumstance in relation to a person with management or control of the provider (including a person responsible for the day-to-day operation of any of the provider’s approved child care services) that reasonably indicates that the person is not likely to be a fit and proper person to be involved in the administration of CCS and ACCS. |
| Item 14 | A person stops having management or control of the provider (including when a person stops having day-to-day responsibility for the operation of any of the provider’s approved child care services). |
| Item 15 | An educator obtains a qualification in circumstances outlined in subsection 46(4) of the Minister’s |
| Item 16 | A provider or a person with management or control of the provider, obtains an interest, or is likely to obtain an interest, in a business, in circumstances outlined in subsection 46(5) of the Minister’s Rules. |
| Item 17 | Change in the status of a current working with children check for an individual covered by section 195D of the Family Assistance Administration Act |
| Item 18 | The provider enters into administration, receivership, liquidation or bankruptcy. |
| Item 19 | Unexpected closure of any of the provider’s approved child care services due to unforeseen circumstances |
| Item 20 | A serious conviction or finding of guilt (see item 12) of: a person with management or control of the provider (including a person who becomes responsible for the day-to-day operation of any of the provider’s approved child care services) or an FDC educator, or another educator, in relation to any such service. |
| Item 21 | Any change in relation to the formal foster care arrangement or long term protection order that applies to a child that is a member of a class prescribed by the Minister’s rules for the purposes of 85CA(ba). |
[1] A New Tax System (Family Assistance) (Administration) Act 1999
[2] ‘appropriate State/Territory support agency’ is a department or agency of the State or Territory that is responsible for dealing with matters relating to the welfare of children, or organisation dealing with such matters on behalf of the department or agency (s204K(7)).