Family Assistance Law civil penalty provisions

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:
  1. provider did not satisfy the provider approval requirements at time of approval
  2. Provider’s service did not satisfy service eligibility rules at time of approval
  3. Provider not complying with a condition for continued approval
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:
  1. Individual’s eligibility for CCS or ACCS
  2. Eligibility of service for ACCS (child wellbeing)
  3. Provider’s compliance with conditions for continued approval
  4. Other matters prescribed by Secretary’s rules (see s 11, Secretary’s Rules)
50 penalty units
202B(4) Requirement to keep records of:
  1. Individual’s eligibility for CCS or ACCS
  2. Eligibility of service for ACCS (child wellbeing)
  3. Provider’s compliance with conditions for continued approval
  4. Other matters prescribed by Secretary’s rules (see s 11, Secretary’s Rules)
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)).