Enforcement action register

The provider must be assessed as Meeting NQS for the Service within 8 months (by 30 May 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months (by 30 May 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months (by 30 May 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 12 months (by 30 September 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months (by 30 May 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 12 months (by 28 September 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months (by 28 May 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider’s approval was cancelled under the Education and Care Services National Law. Consequently, the provider’s approval under Family Assistance Law is cancelled.

The provider has not complied with the following conditions for continued approval:

• Compliance with conditions imposed by Secretary (section 195F)
  • Service failed to achieve a Meeting NQS rating by 19 February 2026 as per imposed condition
• Compliance with rules and law – compliance with Commonwealth, state and territory laws (section 195A(4))
  • Compliance with all requirements imposed by a law of the Commonwealth or a law of the state or territory in which the service is situated.

As a result, cancellation of the provider’s approval, so that the provider is no longer approved in respect of one or more of its services, was determined to be the appropriate sanction in respect of the non-compliance.

The service's approval was suspended under the Education and Care Services National Law. Consequently, the service's approval under Family Assistance Law is suspended.

The service's approval was suspended under the Education and Care Services National Law. Consequently, the service's approval under Family Assistance Law is suspended.

The service's approval was suspended under the Education and Care Services National Law. Consequently, the service's approval under Family Assistance Law is suspended.

The provider's approval was surrendered and subsequently cancelled under the Education and Care Services National Law. Consequently, the provider’s approval under Family Assistance Law is cancelled.

The provider must be assessed as Meeting NQS for the service within 12 months from the date the condition is imposed (by 27 July 2027).

If the service receives a new NQS rating within 12  months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The service’s approval was suspended under the Education and Care Services National Law and as a consequence the service’s approval under Family Assistance Law is suspended.

The service’s approval was suspended under the Education and Care Services National Law and as a consequence the service’s approval under Family Assistance Law is suspended.

The provider has not complied with the following conditions for continued approval:

• Compliance with rules and law – continued satisfaction of eligibility rules (section 195A(1))
  • Quality and safety considerations (section 194C(ea))
  • Fit and proper person (section 194C(b))
• Compliance with conditions imposed by Secretary (section 195F)
  • Service failed to achieve a Meeting NQS rating by 16 February 2026 as per imposed condition
• Compliance with rules and law – compliance with Commonwealth, state and territory laws (section 195A(4))
  • Compliance with all requirements imposed by a law of the Commonwealth or a law of the state or territory in which the service is situated.

As a result, cancellation of the provider’s approval, so that the provider is no longer approved in respect of one or more of its services, was determined to be the appropriate sanction in respect of the non-compliance.

The provider must be assessed as Meeting NQS for the service within 6 months from the date the condition is imposed (by 3 January 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 12 months (by 3 July 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The service’s approval was suspended under the Education and Care Services National Law consequently the services’s approval under Family Assistance Law is taken to be suspended.

The service must be assessed as Meeting NQS by 19 June 2027.

If the service receives a new NQS rating on or before 19 June 2027, the provider must advise the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 19 February 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 19 February 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 19 February 2027).

If the service receives a new NQS rating within 12 months of the date  the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 19 February 2027).

If the service receives a new NQS rating within 12 months of the date of the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider's approval was surrendered and subsequently cancelled under the Education and Care Services National Law and consequently the provider’s approval under Family Assistance Law is taken to be cancelled.

The provider must be assessed as Meeting NQS for the service within 6 months from the date the condition is imposed (by 17 December 2026).

If the service receives a new NQS rating within 12 months of  the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 17 February 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 17 February 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 17 February 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 17 February 2027).

If the service receives a new NQS ratings within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 6 months from the date the condition is imposed (by 15 December 2026).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 15 February 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 15 February 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 15 February 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 15 February 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 15 February 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 6 months from the date the condition is imposed (by 3 December 2026).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 3 February 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 3 February 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 3 February 2027).

If the service receives a new NQS ratings within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 1 February 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 29 January 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 6 months from the date the condition is imposed (by 22 November 2026). 

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 22 January 2027). 

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 22 January 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider has not complied with the following conditions for continued approval: 

• Compliance with rules and law – continued satisfaction of eligibility rules (section 195A(1))
  • Quality and safety considerations (section 194C(ea))
  • Fit and proper person (section 194C(b))
• Compliance with rules and law – compliance with Family Assistance Law (section 195A(2))
  • Requirement to notify Secretary of certain matters (section 204F)
  • Requirement to report about children for whom care is provided (section 204B)
  • Requirement to keep records in relation to certification for ACCS (child wellbeing) (section 202C(1))
  • Notice to appropriate state/territory support agency of child at risk of serious abuse or neglect (section 204K)
• Compliance with rules and law – compliance with Commonwealth, state and territory laws (section 195A(4))
  • Compliance with all requirements imposed by a law of the Commonwealth or a law of the state or territory in which the service is situated.

As a result, cancellation of the provider’s approval, so that the provider is no longer approved in respect of one or more of its services, was determined to be the appropriate sanction in respect of the non-compliance.

The provider has not complied with the following conditions for continued approval: 

• Compliance with rules and law – continued satisfaction of eligibility rules (section 195A(1))
  • Quality and safety considerations (section 194C(ea))
  • Fit and proper person (section 194C(b))
  • Governance arrangements (section 194C(da))
• Compliance with rules and law – compliance with Family Assistance Law section (195A(2))
  • Requirement to report about children for whom care is provided (section 204B)
• Compliance with rules and law – compliance with Commonwealth, state and territory laws (section 195A(4))
  • Compliance with all requirements imposed by a law of the Commonwealth or a law of the state or territory in which the service is situated
• Compliance with conditions imposed by Minister (section 195E)
  • Compliance with the provision of care by a Family Day Care educator to relatives  (paragraph 47 of the Minister's Rules).

As a result, cancellation of the provider’s approval, so that the provider is no longer approved in respect of one or more of its services, was determined to be the appropriate sanction in respect of the non-compliance.

The provider must be assessed as Meeting NQS for the service within 8 months from the date the condition is imposed (by 8 January 2027). 

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 9 months from the date the condition is imposed (by 4 February 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service by 26 February 2027.

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service by 30 April 2027.

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The service's approval was suspended under the Education and Care Services National Law. Consequently, the service's approval under Family Assistance Law is suspended.

The provider must be assessed as Meeting NQS for the service within 9 months (by 13 January 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 9 months (by 13 January 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 6 months (by 2 October 2026).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The service’s approval was suspended under the Education and Care Services National Law and therefore the service no longer met the requirements for approval under Family Assistance Law.

The provider’s approval under the Family Assistance Law is taken to be varied to remove the service from the provider’s approval.

The provider must be assessed as Meeting NQS for the service by 30 June 2027.

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 6 months (by 6 September 2026).

If the service receives a new NQS rating within 12 months of the date of this notice, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 6 months (by 4 September 2026).

If the service receives a new NQS rating within 12 months of the date of this notice, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 6 months (by 4 September 2026). 

If the service receives a new NQS rating within 12 months of the date of this notice, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 12 months (by 4 March 2027).

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service by 26 February 2027.

If the service receives a new NQS rating within 12 months of the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 6 months (by 25 August 2026).

If the service receives a new NQS rating within 12 months of the date of this notice, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The service’s approval was suspended under the Education and Care Services National Law and therefore the service no longer met the requirements for approval under Family Assistance Law.

The provider must be assessed as Meeting NQS for the service by 8 January 2027.

If the service receives a new NQS rating within 12 months from the date the condition is imposed , the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within 8 months (by 5 September 2026)

If the service receives a new NQS rating within 12 months from the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must notify all families currently enrolled at the service, within 7 days, that a condition has been imposed requiring the service to obtain a Meeting NQS rating within 8 months.

The provider has not complied with the following conditions for continued approval:

• Compliance with rules and law – continued satisfaction of eligibility rules (section 195A(1))
  • Child care service cannot be primarily conducted to provide instruction in an activity (section 194D(a)(ii))
  • Centre-based day care service cannot primarily operate as an outside of school hours service (paragraph 45(2)(b) of the Minister's Rules)
  • Quality and safety considerations (section 194D(f)(va))
  • Compliance with a law of the Commonwealth or a state or territory (194D(f)(ii)
• Compliance with rules and law – compliance with Family Assistance Law (section 195A(2))
  • Requirement to keep records (section 202B)
  • Requirement to report about children for whom care is provided (section 204B)
• Compliance with rules and law – cooperation with a person exercising powers under section 154 (section 195A(3))
• Compliance with rules and law – compliance with Commonwealth, state and territory laws (section 195A(4))
  • Compliance with all requirements imposed by a law of the Commonwealth or a law of the state or territory in which the service is situated.

As a result, cancellation of the provider’s approval, so that the provider is no longer approved in respect of one or more of its services, was determined to be the appropriate sanction in respect of the non-compliance.

The provider has not complied with the following conditions for continued approval:

• Compliance with rules and law – continued satisfaction of eligibility rules (section 195A(1))
  • Child care service cannot be primarily conducted to provide instruction in an activity (section 194D(a)(ii))
  • Centre-based day care service cannot primarily operate as an outside of school hours service (paragraph 45(2)(b) of the Minister's Rules)
  • Quality and safety considerations (section 194D(f)(va))
  • Compliance with a law of the Commonwealth or a state or territory (194D(f)(ii)
• Compliance with rules and law – compliance with Family Assistance Law (section 195A(2))
  • Requirement to keep records (section 202B)
  • Requirement to report about children for whom care is provided (section 204B)
• Compliance with rules and law – cooperation with a person exercising powers under section 154 (section 195A(3))
• Compliance with rules and law – compliance with Commonwealth, state and territory laws (section 195A(4))
  • Compliance with all requirements imposed by a law of the Commonwealth or a law of the state or territory in which the service is situated.

As a result, cancellation of the provider’s approval, so that the provider is no longer approved in respect of one or more of its services, was determined to be the appropriate sanction in respect of the non-compliance.

The provider’s approval under Family Assistance Law is taken to be varied to remove the service from the provider’s approval.

The provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

The provider’s approval under the Family Assistance Law is taken to be varied to remove the service from the provider’s approval.

The service (St Michael’s College OSHC) of the provider (Extend (Australia) Pty Ltd) must achieve an overall NQS rating of Meeting NQS by 16 April 2026.

If the service receives a new NQS rating before 17 October 2026, the provider must within 5 business days notify the department of the new NQS rating.

The provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

The service’s approval was suspended under the Education and Care Services National Law and therefore the service no longer met the requirements for approval under Family Assistance Law.

The provider must be assessed as Meeting NQS for the service within 6 months (by 3 April 2026). 

If the service receives a new NQS rating within 12 months from the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The service’s approval was suspended under the Education and Care Services National Law and therefore the service no longer met the requirements for approval under Family Assistance Law.

Due to urgent circumstances, it is no longer appropriate for the provider to administer payments under Family Assistance Law.

The provider must comply with the Emergency Action Notice issued by the Education Standards Board of South Australia on 10 September 2025.

The provider must supply, for the period identified, 11 September 2025 to 24 September 2025, details of educators and children present at the service each day that demonstrates that the provider met the child to educator ratio as prescribed in the Emergency Action Notice.

The provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

The provider must be assessed as Meeting NQS for the service within six months (by 3 March 2026).

If the service receives a new NQS ratings within twelve months from the date that the condition is imposed, the provider must notify the Department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within six months (by 3 March 2026).

If the service receives a new NQS ratings within twelve months from the date the condition is imposed, the provider must notify the Department of the new rating within 5 business days of receiving the notice.

The provider’s approval was suspended under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

The provider must be assessed as Meeting NQS for the service within twelve months (by 19 August 2026).

If the service receives a new NQS ratings within twelve months from the date the condition is imposed, the provider must notify the Department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within six months (by 19 February 2026).

If the service receives a new NQS ratings within twelve months from the date the condition was imposed, the provider must notify the Department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within six months (by 19 February 2026).

If the service receives a new NQS ratings within twelve months from the date the condition is imposed, the provider must notify the Department of the new rating within 5 business days of receiving the notice.

The provider’s approval was suspended under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

The provider must be assessed as Meeting NQS for the service within 6 months from the date the condition is imposed (by 3 January 2027).

If the service receives a new NQS rating within 12 months from the date the condition is imposed, the provider must notify the department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within six months (by 16 February 2026). 

If the service receives a new NQS ratings within twelve months from the date the condition is imposed, the provider must notify the Department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within six months (by 16 February 2026). 

If the service receives a new NQS ratings within twelve months from the date the condition is imposed, the provider must notify the Department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within six months (by 16 February 2026). 

If the service receives a new NQS ratings within twelve months from the date the condition is imposed, the provider must notify the Department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within six months (by 16 February 2026). 

If the Service receives a new NQS ratings within twelve months from the date the condition was imposed, the Provider must notify the Department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within six months (by 16 February 2026). 

If the service receives a new NQS ratings within twelve months from the date the condition is imposed, the provider must notify the Department of the new rating within 5 business days of receiving the notice.

The provider must notify all families currently enrolled at the service, within 2 days, that a condition has been imposed requiring the service to obtain a Meeting NQS rating within six months.

The provider must be assessed as Meeting NQS for the service within six months (by 16 February 2026).

The current approved provider did not operate the service when the current NQS rating was issued, however has taken steps to ensure that the service is delivering high quality care and meets the National Quality Standards.

If the service receives a new NQS ratings within twelve months from the date the condition is imposed, the provider must notify the Department of the new rating within 5 business days of receiving the notice.

The provider must be assessed as Meeting NQS for the service within six months (by 16 February 2026).

If the service receives a new NQS ratings within twelve months from the date the condition is imposed, the provider must notify the Department of the new rating within 5 business days of receiving the notice. 

The provider must notify all families currently enrolled at the service, within 2 days, that a condition has been imposed requiring the service to obtain a Meeting NQS rating within six months.

Section 197A(1)(d) – due to urgent circumstances, it is no longer appropriate for the provider to administer payments under Family Assistance Law.

Section 197A(1)(d) – due to urgent circumstances, it is no longer appropriate for the provider to administer payments under Family Assistance Law.

Section 197AB – the provider’s approval was suspended under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

Section 197L – the provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

Section 195H – the provider has not complied with one or more conditions for continued approval, and cancellation of the provider’s approval so that the provider is not approved in respect of one or more services is the appropriate sanction in respect of the non-compliance.

Section 195H – the provider has not complied with one or more conditions for continued approval, and cancellation of the provider’s approval so that the provider is not approved in respect of one or more services is the appropriate sanction in respect of the non-compliance.

Section 197A(1)(b) – there is an imminent threat to the health or safety of a child because of the care provided by an approved child care service of the provider

Section 197L – the provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

Section 197AB(3) – the service’s approval was suspended under the Education and Care Services National Law and therefore the service no longer met the requirements for approval under Family Assistance Law.

Section 197A(1)(d) – due to urgent circumstances, it is no longer appropriate for the provider to administer payments under Family Assistance Law.

Section 197AB – the provider’s approval was suspended under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

Section 195H – the provider has not complied with one or more conditions for continued approval, and cancellation of the provider’s approval so that the provider is not approved in respect of one or more services is the appropriate sanction in respect of the non-compliance.

Section 197L – the provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

Section 197L – the provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

Section 195H – the provider has not complied with one or more conditions for continued approval, and cancellation of the provider’s approval so that the provider is not approved in respect of one or more services is the appropriate sanction in respect of the non-compliance.

197L - of the Administration Act – Cancellation or variation if approval cancelled under Education and Care Services National Law

Section 197L - of the Administration Act – Cancellation or variation if approval cancelled under Education and Care Services National Law

• Section 197AB – the provider’s approval was suspended under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

• Section 197L – the provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

• Section 197AB – the provider’s approval was suspended under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

• Section 197L – the provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

• Section 197A(1)(a) – on the basis that it was reasonably believed that the provider was not complying with subsection 195A(4) (compliance with Commonwealth, state and territory laws)
• Section 197A(1)(d) – due to urgent circumstances, it is no longer appropriate for the provider to administer payments under Family Assistance Law.

• Section 195H – the provider has not complied with one or more conditions for continued approval, and cancellation of the provider’s approval so that the provider is not approved in respect of one or more services is the appropriate sanction in respect of the non-compliance.

• Section 197L – the provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

• Section 197L – the provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

• Section 197H – the provider was issued a notice of cancellation as it had ceased to operate all of its approved child care services.

• Section 197H – the provider was issued a notice of cancellation as it had ceased to operate all of its approved child care services.

• Section 197H – the provider was issued a notice of cancellation as it had ceased to operate all of its approved child care services.

Based on the following ground:

• Section 195H(1)(b) – the provider has not complied with one or more conditions for continued approval, and cancellation of the provider’s approval so that the provider is not approved in respect of one or more services is the appropriate sanction in respect of the non-compliance.

• Section 197H – the provider’s approval was cancelled as it had ceased to operate all of its approved child care services.

• Section 197H – the provider’s approval was cancelled as it had ceased to operate all of its approved child care services.  

Based on the following ground:

• Section 197AB(3) – the service’s approval was suspended under the Education and Care Services National Law and therefore the service no longer met the requirements for approval under Family Assistance Law.

Based on the following ground:

• Section 197AB(3) – the service’s approval was suspended under the Education and Care Services National Law and therefore the service no longer met the requirements for approval under Family Assistance Law.

Based on the following ground:

• Section 197A(1)(a) – the provider is not complying with subsection 195A(4) (compliance with Commonwealth, state and territory laws)

• Section 197A(1)(d) – due to urgent circumstances, it is no longer appropriate for the provider to administer payments under Family Assistance Law.

Based on the following ground:

• Section 197A(1)(a) – the provider is not complying with subsection 195A(4) (compliance with Commonwealth, state and territory laws)

• Section 197A(1)(d) – due to urgent circumstances, it is no longer appropriate for the provider to administer payments under Family Assistance Law.

Based on the following ground:

• Section 197AB(1) – the provider’s approval was suspended under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

• Section 197L – the provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

Based on the following ground:

• Section 197A(1)(c) – due to urgent circumstances, it is no longer appropriate for one or more approved services of the provider to provide care

• Section 197A(1)(d) – due to urgent circumstances, it is no longer appropriate for the provider to administer payments under Family Assistance Law.

Based on the following ground:

• Section 197AB(3) – the service’s approval was suspended under the Education and Care Services National Law and therefore the service no longer met the requirements for approval under Family Assistance Law.

Based on the following ground:

• Section 197A(1)(d) – due to urgent circumstances, it is no longer appropriate for the provider to administer payments under Family Assistance Law.

• Section 197L – the provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

Based on the following ground:

• Section 197AB(1) – the provider’s approval was suspended under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

Based on the following ground:

• Section 197AB(3) – the service’s approval was suspended under the Education and Care Services National Law and therefore the service no longer met the requirements for approval under Family Assistance Law.

Based on the following ground:

• Section 197L(1) – the provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

Based on the following ground:

• Section 197L(1) – the provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

The service was issued a notice of suspension under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This suspension meant that the service no longer met requirements under the family assistance law, and was subsequently suspended by operation of law.  
 

The service was issued a notice of suspension under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This suspension meant that the service no longer met requirements under the family assistance law, and was subsequently suspended by operation of law.  

 

The service was issued a notice of suspension under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This suspension meant that the service no longer met requirements under the family assistance law, and was subsequently suspended by operation of law.  

The service was issued a notice of suspension under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This suspension meant that the service no longer met requirements under the family assistance law, and was subsequently suspended by operation of law.  
 

• Section 197L – the provider’s approval was cancelled under the Education and Care Services National Law and therefore the provider no longer met the requirements for approval under Family Assistance Law.

The service was issued a notice of suspension under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This suspension meant that the service no longer met requirements under the family assistance law, and was subsequently suspended by operation of law.  
PLEASE NOTE: - Date of effect:  5/10/2021 - 27/10/2021

The provider was issued a notice of cancellation under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This cancellation meant that the service no longer met requirements under the family assistance law, and subsequently cancelled by operation of law. 
 

The provider was issued a notice of cancellation under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This cancellation meant that the service no longer met requirements under the family assistance law, and subsequently cancelled by operation of law. 

The service was issued a notice of suspension under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This suspension meant that the service no longer met requirements under the family assistance law, and subsequently suspended by operation of law.  

NOTE: The suspension covered the period of 11.06.2021 - 19.06.2021 only.

The provider was issued a notice of cancellation under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This cancellation meant that the service no longer met requirements under the family assistance law, and was subsequently cancelled by operation of law. 

The provider was issued a notice of cancellation under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This cancellation meant that the service no longer met requirements under the family assistance law, and subsequently cancelled by operation of law.

The service:
•    failed to provide required reports
•    failed to pass on subsidy payments to relevant individuals
•    failed to send amounts that could not be passed on to relevant individuals back to the Secretary
•    reported care inaccurately and or in cases where no care was occurring
•    failed to comply with requirements intended to prevent the occurrence of the practice known as ‘child swapping’ where no-one is eligible for child care fee assistance
•    failed to comply with requirements to notify of a change in the status of working with children checks
•    failed to comply with requirements intended to prevent the occurrence of care being registered for ‘older children’ where no-one is eligible for child care fee assistance 
•    failed to comply with requirements intended to prevent the occurrence of care being delivered to an FDC carers own child or a sibling
•    failed to comply with obligations regarding enrolment notices
•    failed to satisfy provider eligibility rules
•    failed to comply with absence reporting provisions
•    failed to enforce payment of hourly session fees
•    failed to satisfy ‘suitable person’ criteria for the purposes of family assistance law
•    failed to satisfy ‘fit and proper person’ criteria for the purposes of family assistance law
•    failed to comply with conditions for continued approval
•    failed to comply with the provisions of the National Law and the National Regulations
•    failed to comply with family assistance law

The provider of the service was found by a decision maker in the department to have contravened the following conditions of their continued approval:
•    section 194C (provider eligibility rules)
•    section 194D (service eligibility rules)
•    section 194E (fit and proper person considerations)
•    section 195A (compliance with rules and laws)
•    section 195A(1) (continued satisfaction of eligibility rules) 
•    section 195A(2) (compliance with family assistance law) 
•    section 195A(4) (compliance with Commonwealth, State and Territory laws)
•    section 195D (requirements to ensure working with children check)
•    section 196(1) (eligibility requirements) “as saved”
•    section 196(2) (compliance with family assistance law) “as saved’
•    section 196(3) (compliance with Commonwealth, State and Territory laws) “as saved’
•    section 201A (requirement to pass on or remit to Secretary fee reduction amount)
•    section 201B (enforcing payment of hourly session fees)
•    section 201D (requirement to give individuals statements of entitlement)
•    section 202B (requirement to keep records)
•    section 204B (requirement to report about children for whom care is provided)
•    section 219N (obligation to give reports to the Secretary) “as saved”
•    section 219B (obligation to pass on fee reduction) "as saved"
•    section 219EA (obligation to pass on weekly child care rebate) "as saved"
•    section 219QB (remitting amounts that cannot be passed on) "as saved"
•    section 219QE (remitting amounts that cannot be passed on) "as saved" 

A New Tax System (Family Assistance) Act 1999 “as saved”
•    section 10 (effect of absence of child from care of approved child care service)

Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Rules 2017 - “as saved”
•    rule 10A (monitoring compliance with section 8 of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015) “as saved”
•    rule 10AB (monitoring compliance with section 9 of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015) “as saved” 

Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015
•    section 6 (session of care provided by FDC carer to own child or partners child or siblings)
•    section 8 (session of care provided by an approved family day care service to the child of an FDC carer or the FDC carer's partner)"as saved"
•    section 9 (session of care provided to a child who is 14 years of age or older or who attends secondary school)
•    section 10 (timeframes in which documentary evidence must be provided)

Child Care Benefit (Approved Child Care Service Record Keeping) Rules 2017 “as saved”
•    rule 5 (additional records to be kept by approved family day care services) “as saved”

Child Care Subsidy Minister's Rules 2017
•    rule 8 (b)(i) (care provided in the child’s own home)
•    rule 55 (requirements to inform the Secretary in changes to the status of working with children checks)
•    rule 56 (requirements in relation to care given at FDC services to children of FDC educators) 

Child Care Subsidy Secretary’s Rules 2017
•    rule 12 (requirement to keep certain records)

The service was issued a notice of cancellation under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This cancellation meant that the service no longer met requirements under the family assistance law, and subsequently cancelled by operation of law.

The service was issued a notice of suspension under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This suspension meant that the service no longer met requirements under the family assistance law, and subsequently cancelled by operation of law.

The Secretary reasonably believes that due to urgent circumstances, it is no longer appropriate for the provider to administer payments under the family assistance law

The service was issued a notice of cancellation under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This cancellation meant that the service no longer met requirements under the family assistance law.

The service was issued a notice of suspension under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This suspension meant that the service no longer met requirements under the family assistance law, and subsequently cancelled by operation of law.

The provider was issued a notice of cancellation under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This cancellation meant that the provider no longer met requirements under the family assistance law, and subsequently cancelled by operation of law.

 

The service was issued a notice of cancellation under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This cancellation meant that the service no longer met requirements under the family assistance law, and subsequently cancelled by operation of law.

The service:

• failed to provide required reports
• failed to pass on subsidy payments to relevant individuals
• failed to send amounts that could not be passed on to relevant individuals back to the Secretary
• failed to notify the Secretary of certain matters
• reported care inaccurately and or in cases where no care was occurring
• failed to keep and provide required records
• failed to comply with requirements intended to prevent the occurrence of the practice known as ‘child swapping’ where no-one is eligible for child care fee assistance
• failed to comply with requirements to notify of a change in the status of working with children checks
• failed to comply with requirements intended to prevent the occurrence of care being registered for ‘older children’ where no-one is eligible for child care fee assistance
• failed to comply with requirements intended to prevent the occurrence of care being delivered to an FDC carer’s own child or a sibling
• failed to comply with obligations regarding enrolment notices
• failed to satisfy provider eligibility rules
• failed to comply with absence reporting provisions
• failed to enforce payment of hourly session fees
• failed to satisfy ‘suitable person’ criteria for the purposes of family assistance law
• failed to satisfy ‘fit and proper person’ criteria for the purposes of family assistance law
• failed to comply with conditions for continued approval
• failed to comply with the provisions of the National Law and the National Regulations
• failed to comply with family assistance law

The provider of the service was found by a decision maker in the department to have contravened the following conditions of their continued approval:

• section 194C (provider eligibility rules)
• section 194D (service eligibility rules)
• section 194E (fit and proper person considerations)
• section 195A (compliance with rules and laws)
• section 195A(1) (continued satisfaction of eligibility rules)
• section 195A(2) (compliance with family assistance law)
• section 195A(4) (compliance with Commonwealth, State and Territory laws)
• section 195D (requirements to ensure working with children check)
• section 196(1) (eligibility requirements) “as saved”
• section 196(2) (compliance with family assistance law) “as saved’
• section 196(3) (compliance with Commonwealth, State and Territory laws) “as saved’
• section 201A (requirement to pass on or remit to Secretary fee reduction amount)
• section 201B (enforcing payment of hourly session fees)
• section 201D (requirement to give individuals statements of entitlement)
• section 202B (requirement to keep records)
• section 204B (requirement to report about children for whom care is provided)
• section 204F (requirement to notify the Secretary of certain matters)
• section 219A (obligation to notify Secretary of enrolment of a child by an individual) “as saved”
• section 219AB (timeliness of notices) “as saved”
• section 219N (obligation to give reports to the Secretary) “as saved”
• section 219B (obligation to pass on fee reduction) "as saved"
• section 219EA (obligation to pass on weekly child care rebate) "as saved"
• section 219QB (remitting amounts that cannot be passed on) "as saved"
• section 219QE (remitting amounts that cannot be passed on) "as saved"

A New Tax System (Family Assistance) Act 1999 “as saved”

• section 10 (effect of absence of child from care of approved child care service)

Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Rules 2017 - “as saved”

• rule 10A (monitoring compliance with section 8 of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015) “as saved”
• rule 10AB (monitoring compliance with section 9 of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015) “as saved”

Child Care Benefit (Session of Care) Determination 2016 “as saved”

• section 6(2) (a genuine liability must arise) “as saved”

Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015

• section 6 (session of care provided by FDC carer to own child or partners child or siblings)
• section 8 (session of care provided by an approved family day care service to the child of an FDC carer or the FDC carer's partner)"as saved"
• section 9 (session of care provided to a child who is 14 years of age or older or who attends secondary school)
• section 10 (timeframes in which documentary evidence must be provided)

Child Care Benefit (Session of Care) Determination 2016 “as saved”

• section 11(1)(b) (care provided in the child’s own home) “as saved”

Child Care Subsidy Minister's Rules 2017

• rule 8 (b)(i) (care provided in the child’s own home)
• rule 43 (additional rules for provider eligibility)
• rule 55 (requirements to inform the Secretary in changes to the status of working with children checks)

Child Care Subsidy Secretary’s Rules 2017

• rule 10(m) (requirement to identify educator names and unique identifier in Statement of entitlement)

The service:

• failed to provide required reports
• failed to pass on subsidy payments to relevant individuals
• failed to send amounts that could not be passed on to relevant individuals back to the Secretary
• failed to notify the Secretary of certain matters
• reported care inaccurately and or in cases where no care was occurring
• failed to keep and provide required records
• failed to comply with requirements intended to prevent the occurrence of the practice known as ‘child swapping’ where no-one is eligible for child care fee assistance
• failed to comply with requirements to notify of a change in the status of working with children checks
• failed to comply with requirements intended to prevent the occurrence of care being registered for ‘older children’ where no-one is eligible for child care fee assistance
• failed to comply with requirements intended to prevent the occurrence of care being delivered to an FDC carer’s own child or a sibling
• failed to comply with obligations regarding enrolment notices
• failed to satisfy provider eligibility rules
• failed to comply with absence reporting provisions
• failed to enforce payment of hourly session fees
• failed to satisfy ‘suitable person’ criteria for the purposes of family assistance law
• failed to satisfy ‘fit and proper person’ criteria for the purposes of family assistance law
• failed to comply with conditions for continued approval
• failed to comply with the provisions of the National Law and the National Regulations
• failed to comply with family assistance law

The provider of the service was found by a decision maker in the department to have contravened the following conditions of their continued approval:

• section 194C (provider eligibility rules)
• section 194D (service eligibility rules)
• section 194E (fit and proper person considerations)
• section 195A (compliance with rules and laws)
• section 195A(1) (continued satisfaction of eligibility rules)
• section 195A(2) (compliance with family assistance law)
• section 195A(4) (compliance with Commonwealth, State and Territory laws)
• section 195D (requirements to ensure working with children check)
• section 196(1) (eligibility requirements) “as saved”
• section 196(2) (compliance with family assistance law) “as saved’
• section 196(3) (compliance with Commonwealth, State and Territory laws) “as saved’
• section 201A (requirement to pass on or remit to Secretary fee reduction amount)
• section 201B (enforcing payment of hourly session fees)
• section 201D (requirement to give individuals statements of entitlement)
• section 202B (requirement to keep records)
• section 204B (requirement to report about children for whom care is provided)
• section 204F (requirement to notify the Secretary of certain matters)
• section 219A (obligation to notify Secretary of enrolment of a child by an individual) “as saved”
• section 219AB (timeliness of notices) “as saved”
• section 219N (obligation to give reports to the Secretary) “as saved”
• section 219B (obligation to pass on fee reduction) "as saved"
• section 219EA (obligation to pass on weekly child care rebate) "as saved"
• section 219QB (remitting amounts that cannot be passed on) "as saved"
• section 219QE (remitting amounts that cannot be passed on) "as saved"

A New Tax System (Family Assistance) Act 1999 “as saved”

• section 10 (effect of absence of child from care of approved child care service)

Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Rules 2017 - “as saved”

• rule 10A (monitoring compliance with section 8 of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015) “as saved”
• rule 10AB (monitoring compliance with section 9 of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015) “as saved”

Child Care Benefit (Session of Care) Determination 2016 “as saved”

• section 6(2) (a genuine liability must arise) “as saved”

Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015

• section 6 (session of care provided by FDC carer to own child or partners child or siblings)
• section 8 (session of care provided by an approved family day care service to the child of an FDC carer or the FDC carer's partner)"as saved"
• section 9 (session of care provided to a child who is 14 years of age or older or who attends secondary school)
• section 10 (timeframes in which documentary evidence must be provided)

Child Care Benefit (Session of Care) Determination 2016 “as saved”

• section 11(1)(b) (care provided in the child’s own home) “as saved”

Child Care Subsidy Minister's Rules 2017

• rule 8 (b)(i) (care provided in the child’s own home)
• rule 43 (additional rules for provider eligibility)
• rule 55 (requirements to inform the Secretary in changes to the status of working with children checks)

Child Care Subsidy Secretary’s Rules 2017

• rule 10(m) (requirement to identify educator names and unique identifier in Statement of entitlement)

The service:

• failed to provide required reports
• failed to pass on subsidy payments to relevant individuals
• failed to send amounts that could not be passed on to relevant individuals back to the Secretary
• failed to notify the Secretary of certain matters
• reported care inaccurately and or in cases where no care was occurring
• failed to keep and provide required records
• failed to comply with requirements intended to prevent the occurrence of the practice known as ‘child swapping’ where no-one is eligible for child care fee assistance
• failed to comply with requirements to notify of a change in the status of working with children checks
• failed to comply with requirements intended to prevent the occurrence of care being registered for ‘older children’ where no-one is eligible for child care fee assistance
• failed to comply with requirements intended to prevent the occurrence of care being delivered to an FDC carer’s own child or a sibling
• failed to comply with obligations regarding enrolment notices
• failed to satisfy provider eligibility rules
• failed to comply with absence reporting provisions
• failed to enforce payment of hourly session fees
• failed to satisfy ‘suitable person’ criteria for the purposes of family assistance law
• failed to satisfy ‘fit and proper person’ criteria for the purposes of family assistance law
• failed to comply with conditions for continued approval
• failed to comply with the provisions of the National Law and the National Regulations
• failed to comply with family assistance law

The provider of the service was found by a decision maker in the department to have contravened the following conditions of their continued approval:

• section 194C (provider eligibility rules)
• section 194D (service eligibility rules)
• section 194E (fit and proper person considerations)
• section 195A (compliance with rules and laws)
• section 195A(1) (continued satisfaction of eligibility rules)
• section 195A(2) (compliance with family assistance law)
• section 195A(4) (compliance with Commonwealth, State and Territory laws)
• section 195D (requirements to ensure working with children check)
• section 196(1) (eligibility requirements) “as saved”
• section 196(2) (compliance with family assistance law) “as saved’
• section 196(3) (compliance with Commonwealth, State and Territory laws) “as saved’
• section 201A (requirement to pass on or remit to Secretary fee reduction amount)
• section 201B (enforcing payment of hourly session fees)
• section 201D (requirement to give individuals statements of entitlement)
• section 202B (requirement to keep records)
• section 204B (requirement to report about children for whom care is provided)
• section 204F (requirement to notify the Secretary of certain matters)
• section 219A (obligation to notify Secretary of enrolment of a child by an individual) “as saved”
• section 219AB (timeliness of notices) “as saved”
• section 219N (obligation to give reports to the Secretary) “as saved”
• section 219B (obligation to pass on fee reduction) "as saved"
• section 219EA (obligation to pass on weekly child care rebate) "as saved"
• section 219QB (remitting amounts that cannot be passed on) "as saved"
• section 219QE (remitting amounts that cannot be passed on) "as saved"

A New Tax System (Family Assistance) Act 1999 “as saved”

• section 10 (effect of absence of child from care of approved child care service)

Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Rules 2017 - “as saved”

• rule 10A (monitoring compliance with section 8 of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015) “as saved”
• rule 10AB (monitoring compliance with section 9 of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015) “as saved”

Child Care Benefit (Session of Care) Determination 2016 “as saved”

• section 6(2) (a genuine liability must arise) “as saved”

Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015

• section 6 (session of care provided by FDC carer to own child or partners child or siblings)
• section 8 (session of care provided by an approved family day care service to the child of an FDC carer or the FDC carer's partner)"as saved"
• section 9 (session of care provided to a child who is 14 years of age or older or who attends secondary school)
• section 10 (timeframes in which documentary evidence must be provided)

Child Care Benefit (Session of Care) Determination 2016 “as saved”

• section 11(1)(b) (care provided in the child’s own home) “as saved”

Child Care Subsidy Minister's Rules 2017

• rule 8 (b)(i) (care provided in the child’s own home)
• rule 43 (additional rules for provider eligibility)
• rule 55 (requirements to inform the Secretary in changes to the status of working with children checks)

Child Care Subsidy Secretary’s Rules 2017

• rule 10(m) (requirement to identify educator names and unique identifier in Statement of entitlement)

The service was issued a notice of cancellation under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This cancellation meant that the service no longer met requirements under the family assistance law, and subsequently cancelled by operation of law.

The service:

• continued to submit child enrolments after it ceased operation
• continued to submit care session reports after it ceased operation

The provider of the service was found by a decision maker in the department to have contravened the following conditions of their continued approval:

• section 197A(1)(d) (No longer appropriate for the provider to administer payments under the Family assistance law)

The service:

• failed to provide required reports
• failed to notify the Secretary of matters prescribed by the Minister's rules
• failed to provide reports with in the required timeframes
• failed to pass on subsidy payments to relevant individuals
• failed to send amounts that could not be passed on to relevant individuals back to the Secretary
• reported care inaccurately and or in cases where no care was occurring
• reported sessions of care for which no one was eligible for fee assistance
• failed to comply with requirements intended to prevent the occurrence of the practice known as ‘child swapping’ where no-one is eligible for child care fee assistance
• failed to comply with requirements intended to prevent the occurrence of care being registered for ‘older children’ where no-one is eligible for child care fee assistance 
• failed to comply with the provisions of National Law and National Regulations 
• failed to satisfy provider eligibility rules
• failed to notify the secretary of all educators Working with Children Check details
• failed to satisfy ‘suitable person’ criteria for the purposes of family assistance law
• failed to satisfy ‘fit and proper person’ criteria for the purpose of family assistance law
• failed to comply with conditions for continued approval
• failed to comply with family assistance law
• failed to cooperate with a person exercising legislated powers

The provider of the service was found by a decision maker in the department to have contravened the following conditions of their continued approval:

• section 194C (provider eligibility rules)
• section 194D (service eligibility rules)
• section 194E (fit and proper person considerations)
• section 195A(1) (continued satisfaction of eligibility rules)
• section 195A(2) (compliance with family assistance law)
• section 195A(3) (compliance with family assistance law)
• section 195A(4) (compliance with Commonwealth, State and Territory laws)
• section 195D (working with children check)
• section 196(1) (eligibility requirements) “as saved”
• section 196(2) (compliance with family assistance law) “as saved"
• section 196(3) (compliance with Commonwealth, State and Territory laws) “as saved"
• section 201A (requirement to pass on or remit to Secretary fee reduction amount)
• section 204B (requirement to report about children for whom care is provided)
• section 204F (requirement to notify the Secretary of certain matters)
• section 219A (obligation to notify Secretary of enrolment of child by an individual)
• section 219N (obligation to give reports to the Secretary) “as saved”
• section 219B (obligation to pass on fee reduction) "as saved"
• section 219EA (obligation to pass on weekly child care rebate) "as saved"
• section 219QB (remitting amounts that cannot be passed on) "as saved"
• section 219QE (remitting amounts that cannot be passed on) "as saved"

Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Rules 2017 

• rule 7 (applicant to be a suitable person)"as saved"
• rule 10 (undertakings as to operation of child care services – general) “as saved”
• rule 10A (family day care services: additional requirements) "as saved"
• rule 10AB (additional undertakings as to operation of family day care service) "as saved"
• rule 16 (continuing compliance) "as saved"

Child Care Subsidy Minister’s Rules 2017

• rule 8 (prescribed circumstances where no eligibility for a session of care)
• rule 44 (additional rules for provider eligibility)
• rule 55 (matters that must be notified to the Secretary)

Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015

• section 8 (Session of care provided by an approved family day care service to the child of an FDC carer or the FDC carer’s partner) “as saved”

Child Care Benefit (Children in respect of whom no-one is eligible) Amendment Determination 2017

• section 9 (session of care provided to a child who is 14 years of age or older or who attends secondary school)

Child Care Benefit (Session of Care) Determination 2016  

• section 11 (care that is not a session of care) “as saved”

The service was issued a notice of suspension under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This suspension meant that the service no longer met requirements under the family assistance law.

Non-compliance with State or Commonwealth Law

A decision maker in the department had determined that there was an imminent threat to the health and safety of children due to a number of serious incidents identified in relation to care provided.

Non-compliance with State or Commonwealth Law

The service:

• failed to provide required reports
• failed to provide required reports within required timeframes
• failed to pass on subsidy payments to relevant individuals
• failed to send amounts that could not be passed on to relevant individuals back to the Secretary
• reported care inaccurately and or in cases where no care was occurring
• reported care for which there was no genuine liability
• reported absences that were ineligible for subsidy
• failed to notify the Secretary of all educators Working with Children Check details
• failed to comply with the provisions of the National Law and the National Regulations
• failed to satisfy provider eligibility rules
• failed to satisfy ‘suitable person’ criteria for the purposes of family assistance law 
• failed to satisfy ‘fit and proper person’ criteria for the purposes of family assistance law
• failed to comply with conditions for continued approval
• failed to comply with family assistance law

The provider of the service was found by a decision maker in the department to have contravened the following conditions of their continued approval:

• subparagraph 10(2)(i) (up to 42 absences)
• subparagraph 10(2)(ii) (up to 42 absences)
• section 85BA (eligibility for CCS)
• section 175 (obtaining payment where no entitlement)
• section 194C (provider eligibility rules)
• section 194D (service eligibility rules)
• section 194E (fit and proper person considerations)
• section 195A (compliance with rules and laws)
• section 195A(1) (continued satisfaction of eligibility rules)
• section 195A(2) (compliance with family assistance law)
• section 195A(4) (compliance with Commonwealth, State and Territory laws)
• section 195D (working with children check)
• section 196(1) (eligibility requirements) “as saved”
• section 196(2) (compliance with family assistance law) “as saved"
• section 196(3) (compliance with Commonwealth, State and Territory laws) “as saved"
• section 200A(4) (content and timing of notices)
• section 200D(3) (updates in relation to enrolled children)
• section 201A (requirement to pass on or remit to Secretary fee reduction amount)
• section 204B (requirement to report about children for whom care is provided)
• section 219AB (how and when notice to be given) “as saved”
• section 219N (obligation to give reports to the Secretary) “as saved”
• section 219QB (remitting amounts that cannot be passed on) "as saved"
• section 219QE (remitting amounts that cannot be passed on) "as saved"

Child Care Subsidy (What Constitutes a Session of Care) Determination 2018

• section 6 (what constitutes a session of care)

Child Care Benefit (Session of Care) Determination 2016 “as saved”

• section 6 (what constitutes a session of care)

Child Protection (Working with Children) Act 2012 No 51

• section 9 (employers must require clearance or current application)

The service was issued a notice of suspension under Education and Care Services National Law. It is a requirement under the family assistance law (Commonwealth Law) that services be approved by the child care regulatory authority in the State or Territory in which they operate. This suspension meant that the service no longer met requirements under the family assistance law.

Non-compliance with State or Commonwealth Law

The service:

• failed to satisfy provider eligibility rules
• failed to satisfy ‘fit and proper person’ criteria for the purpose of family assistance law
• obtained payment by fraudulent means
• failed to comply with conditions for continued approval
• failed to comply with family assistance law
• failed to comply with State or Commonwealth Law
• reported care inaccurately and or in cases where no care was occurring
• failed to pass on subsidy payments to relevant individuals
• failed to send amounts that could not be passed on to relevant individuals back to the Secretary

The provider of the service was found by a decision maker in the department to have contravened the following conditions of their continued approval:

• section 176 (payment obtained by fraud)
• section 194C (provider eligibility rules)
• section 194D (service eligibility rules)
• section 194E (fit and proper person considerations)
• section 195A (conditions for continued approval – compliance with rules and laws)
• section 195A(4) (compliance with Commonwealth, State and Territory laws)
• section 196(2) (compliance with family assistance law) “as saved"
• section 196(3) (compliance with Commonwealth, State and Territory laws) “as saved"
• section 201A (requirement to pass on or remit to Secretary fee reduction amount)
• section 204B (requirement to report about children for whom care is provided)
• section 219B (obligation to pass on fee reduction) "as saved"
• section 219EA (obligation to pass on weekly child care rebate) "as saved"
• section 219N (obligation to give reports to the Secretary) “as saved”
• section 219QB (remitting amounts that cannot be passed on) "as saved"
• section 219QE (remitting amounts that cannot be passed on) "as saved"

The service:

• failed to provide required reports
• failed to provide reports with in the required timeframes
• failed to pass on subsidy payments to relevant individuals
• failed to send amounts that could not be passed on to relevant individuals back to the Secretary
• reported care inaccurately and or in cases where no care was occurring
• reported sessions of care for which no one was eligible for fee assistance
• reported care inaccurately and or in cases where no care was occurring
• reported absences that were ineligible for subsidy
• failed to prove that parents have a genuine liability
• failed to comply with requirements intended to prevent the occurrence of care being registered for ‘older children’ where no-one is eligible for child care fee assistance.
• failed to comply with the provisions of the National Law and the National Regulations
• failed to comply with obligations regarding enrolment notices
• failed to satisfy provider eligibility rules
• failed to satisfy ‘fit and proper person’ criteria for the purpose of family assistance law
• failed to satisfy ‘suitable person’ criteria for the purposes of family assistance law
• failed to comply with conditions for continued approval
• failed to comply with requirements with respect to working with children checks
• failed to comply with family assistance law

The provider of the service was found by a decision maker in the department to have contravened the following conditions of their continued approval:

A New Tax System (Family Assistance) Act 1999

• section 10 of the Assistance Act – (when a session of care is provided)
• section 10 of the Assistance Act "as saved" – (Effect of absence from care)
• section 10(2)(b) of the Assistance Act – (Absences before and after care)
• section 85BA (eligibility for CCS) 

A New Tax System (Family Assistance) (Administration) Act 1999

• section 194C (provider eligibility rules)
• section 194E (fit and proper person considerations)
• section 195A (compliance with rules and laws)
• section 195A(1) (continued satisfaction of eligibility rules)
• section 195A(2) (compliance with family assistance law)
• section 195A(4) (compliance with Commonwealth, State and Territory laws)
• section 195D (working with children check)
• section 195E (compliance with conditions imposed by Minister)
• section 196(1) (eligibility requirements) “as saved”
• section 196(2) (compliance with family assistance law) “as saved"
• section 196(3) (compliance with Commonwealth, State and Territory laws) “as saved"
• section 200A(4) (content and timing of notices)
• section 200D (3) (updates in relation to enrolled children)
• section 201A (requirement to pass on or remit to Secretary fee reduction amount)
• section 204B (requirement to report about children for whom care is provided)
• section 204F (requirement to notify Secretary of certain matters)
• section 219AB (how and when notice to be given) “as saved”
• section 219BA (obligation to pass on fee reductions where approved child care service eligible) “as saved”
• section 219B (obligation to pass on fee reduction) "as saved"
• section 219BB (obligation to charge no more than the usual fee) “as saved”
• section 219BC (obligation to charge no more than the usual fee – special grandparent rate) “as saved”
• section 219EA (obligation to pass on weekly child care rebate) "as saved"
• section 219N (obligation to give reports to the Secretary) “as saved”
• section 219QB (remitting amounts that cannot be passed on) "as saved"
• section 219QE (remitting amounts that cannot be passed on) "as saved" 

Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Determination 2000 

Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Rules 2017 

• rule 7 (applicant to be a suitable person) "as saved"
• rule 8 (staff of child care service to be suitable persons) “as saved”
• rule 9 (carers of family day care service and in-home care service to be suitable persons) “as saved”
• rule 10AB (additional undertakings as to operation of family day care service) "as saved"
• rule 16(1) (operator must be a suitable person to operate the service) "as saved"

Child Care Benefit (Session of Care) Determination 2016 “as saved”

• section 6(2) (genuine legal liability must arise in respect of fees)
• section 12 (care provided by an approved family day care service that is not a session of care for special grandparent rate purposes)
• section 13 (care provided by a family day care service that is not a session of care where a child is at risk or individual is in hardship)

Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015 “as saved”

• section 9(2) (exceptional circumstances under which a child over 14 may qualify for a session of care)
• section 9(5) (supply of documentary evidence with respect to a child 14 years of age or older)
• section 10 (timeframes in which documentary evidence must be provided)

Child Care Subsidy Minister's Rules 2017

• rule 55(17) (matters that must be notified to the Secretary)
• rule 56 (requirements in relation to care given at FDC services to children of FDC educators)

Child Care Subsidy Secretary’s Rules 2017

• rule 12(g) (requirement to keep certain records – invoices and receipts)

A New Tax System (Family Assistance) (Administration) (Child Care Benefit —Record Keeping) Rules 2006 “as saved ”

• rule 7(2) (requirement to keep any records provided to or created by the approved family day care service for the purposes of sections 10A and10AB of the Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Determination 2000

Child Care Benefit (Approved Child Care Service Record Keeping) Rules 2017 “as saved”

• rule 5(2) (service must keep records for the purposes of section 10A or 10AB of the Eligibility rules)

Child Care Subsidy (What Constitutes a Session of Care) Determination 2018

• Section 6(2) (genuine liability must arise in respect of an individual’s fee obligation irrespective of any subsidy) 

Registration to Work with Vulnerable People Act 2013

The service:

• failed to provide required reports
• failed to provide reports with in the required timeframes
• reported care inaccurately and or in cases where no care was occurring
• failed to prove that parents have a genuine liability
• failed to comply with obligations regarding enrolment notices
• failed to satisfy provider eligibility rules failed to satisfy ‘fit and proper person’ criteria for the purpose of family assistance law
• failed to comply with conditions for continued approval
• failed to comply with the provisions of the National Law and National Regulations
• failed to comply with family assistance law

The provider of the service was found by a decision maker in the department to have contravened the following conditions of their continued approval:

• section 194C (provider eligibility rules)
• section 194E (fit and proper person considerations)
• section 194D (Service eligibility rules)
• section 195A (Conditions for continued approval – compliance with rules and laws)
• section 195A(1) (continued satisfaction of eligibility rules)
• section 195A(2) (compliance with family assistance law)
• section 195A(4) (compliance with Commonwealth, State and Territory laws)
• section 204B (requirement to report about children for whom care is provided)
• section 204F (requirement to notify Secretary of certain matters)

The service:

• failed to provide required reports
• failed to provide reports with in the required timeframes
• reported care inaccurately and or in cases where no care was occurring
• failed to prove that parents have a genuine liability
• failed to pass on subsidy payments to relevant individuals
• failed to satisfy provider eligibility rules
• failed to satisfy ‘fit and proper person’ criteria for the purpose of family assistance law
• failed to comply with conditions for continued approval
• failed to comply with family assistance law

The provider of the service was found by a decision maker in the department to have contravened the following conditions of their continued approval:

• section 194C (provider eligibility rules)
• section 194D (service eligibility rules)
• section 194E (fit and proper person considerations)
• section 196(2) (compliance with family assistance law) “as saved"
• section 204B (requirement to report about children for whom care is provided)
• section 219B (obligation to pass on fee reduction) "as saved"
• section 219BA (obligation to pass on fee reductions where approved child care service eligible) “as saved”
• section 219EA (obligation to pass on weekly child care rebate) "as saved"
• section 219QB (remitting amounts that cannot be passed on) "as saved"
• section 219QE (remitting amounts that cannot be passed on) "as saved"

Child Care Benefit (Session of Care) Determination 2016 “as saved”

• Section 6 (what constitutes a session of care)

The service:

• failed to provide required reports
• failed to pass on subsidy payments to relevant individuals
• failed to send amounts that could not be passed on to relevant individuals back to the Secretary
• reported care inaccurately and or in cases where no care was occurring
• failed to comply with requirements intended to prevent the occurrence of the practice known as ‘child swapping’ where no-one is eligible for child care fee assistance
• failed to comply with requirements intended to prevent the occurrence of care being registered for ‘older children’ where no-one is eligible for child care fee assistance. 
• failed to satisfy ‘suitable person’ criteria for the purposes of family assistance law.
• failed to satisfy provider eligibility rules
• failed to comply with conditions for continued approval
• failed to comply with State or Commonwealth law
• failed to comply with family assistance law

The provider of the service was found by a decision maker in the department to have contravened the following conditions of their continued approval:

• section 195A (compliance with rules and laws)
• section 196(1) (eligibility requirements) “as saved”
• section 196(2) (compliance with family assistance law) “as saved"
• section 219N (obligation to give reports to the Secretary) “as saved”
• section 219B (obligation to pass on fee reduction) "as saved"
• section 219EA (obligation to pass on weekly child care rebate) "as saved"
• section 219QB (remitting amounts that cannot be passed on) "as saved"
• section 219QE (remitting amounts that cannot be passed on) "as saved" 

Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Rules 2017 

• rule 7 (applicant to be a suitable person) "as saved"
• rule 10A (family day care services: additional requirements) "as saved"
• rule 10AB (additional undertakings as to operation of family day care service) "as saved"
• rule 16 (continuing compliance) "as saved"

Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015 “as saved”

• section 9(5) (documentary evidence requirements) “as saved”

Child Care Benefit (Approved Child Care Service Record Keeping) Rules 2017 “as saved”

• rule 5(2) (service must keep records for the purposes of section 10A or 10AB of the Eligibility rules)

NOTE: Publication stayed until 2nd quarter 2019-20.