Early childhood education and care providers may get notices if we think you have information, documents or records that will help us administer Family Assistance Law (FAL).
On this page:
Compliance notices
FAL gives officers of the department the authority to request information, documents or records to help administer the law.
We may send you a notice if we think you have information, documents or records that will help us. This includes:
- a section 158 notice
- a section 67FH notice.
We may ask for information, documents or records about:
- provider or service approvals
- aspects of care provided or expected care to be provided by the service
- entitlements to family assistance payments
- your compliance with FAL.
We may request information, documents or records from:
- a current or former approved child care provider or service
- an individual (for example, a family member or educator)
- organisations (for example, state regulatory authorities, law firms, registered training organisations).
The notice may also require you to give information in person.
What is a section 158 notice?
A section 158 notice is a legal document requiring you to provide information, documents or records to the Department of Education.
A section 158 notice is an important legal document. You should read it carefully.
Declaration of compliance
You may receive a declaration of compliance with the section 158 notice.
The declaration of compliance is a simple and quick form covering key provider obligations under Family Assistance Law (FAL).
The declaration aims to help us identify potential compliance issues early and give providers:
- customised feedback and education
- support to stay on track with their obligations.
We will use it as part of our regular compliance monitoring. You may be asked to complete a declaration:
- as part of targeted compliance actions, or
- due to random selection.
If selected, you will receive a notice by email. You will have 2 weeks to respond. You will need to:
- review the information
- confirm your current provider information and details about a specific service
- declare your compliance with FAL by responding to the questions.
It’s important to be accurate and honest. We will check the information you provide against session reports and other records. We can then provide clear and constructive feedback to improve your compliance.
What is a section 67FH notice?
A section 67FH notice is a legal document. It requires that you provide information on any aspect of care or expected care to be provided by the service.
A section 67FH notice is an important legal document. You should read it carefully.
How do I respond?
You must follow the instructions in the notice and respond within 14 days.
The notice will include the following details:
- what you need to do
- when you need to do it by
- what information, documents or records you should provide
- how to provide it
- contact details of the issuing officer.
We are unable to accept responses via external file share sites such as Dropbox and Google Drive.
Do I have to respond?
It is an offence under FAL to refuse or to fail to comply with a compliance notice. There may be serious legal consequences if you refuse or fail to comply with one.
We may take compliance action if you do not comply with the notice. Not complying may include:
- not responding to the notice within 14 days
- not providing the requested information or documents
- redacting documents
- providing false or misleading information.
Compliance actions may include:
- issuing of infringement notices
- suspension or cancellation of your provider approval
- prosecuting you.
What if I need help?
You should contact the issuing officer if you need more information or believe you are unable to comply with anything in the notice.