Approved providers must comply with the rules under Family Assistance Law. We regularly check providers are following the law and take compliance action when they’re not.
On this page:
Family Assistance Law
Family Assistance Law sets the rules for administering child care fee assistance. You must be familiar with and comply with the law.
- Read the primary and associated legislation
- View the legislative instruments
- See the previous child care system
Child Care Provider Handbook
The Child Care Provider Handbook outlines the legal requirements and responsibilities of operating an approved service.
- View online version
- Download printable copy
Compliance video series
We’ve got a series of videos to help you understand your obligations under Family Assistance Law.
- See what to do when a child or educator is away
- Learn the rules about caring for relatives
- Find out when you need to notify us of any changes
- Check if you’re reporting attendances and charging fees correctly
Persons with management or control
Providers have specific legal obligations. These obligations are completed by certain people. We call these people ‘persons with management or control of the provider’. They are also called ‘persons with management or control’ or simply ‘PMC’.
- Learn who is considered a PMC
- See PMC obligations
Fit and proper requirements
Certain people at a service must be considered by us to be ‘fit and proper’ to handle public money.Learn about fit and proper requirements
Certain people at a service must have background checks. Providers must have evidence of these checks.
Learn about mandatory background checks
We issue infringements to providers who do not comply with their obligations under Family Assistant Law. An infringement is a fine, much like a parking ticket.
- See how and why we issue infringements
- Find tips on how to avoid an infringement
- Learn what to do if you get an infringement
Compliance pilot project
We are stepping up our efforts to detect and prevent child care fraud. In 2022, we are partnering with authorities in NSW and Victoria on a compliance pilot project.
- Learn about the pilot
- Read pilot outcomes
Child Care Enforcement Action Register
The Child Care Enforcement Action Register lists services that have been penalised for breaking the law.View the Child Care Enforcement Action Register
Child Care Financial Integrity Strategy
The Child Care Financial Integrity Strategy outlines how we make sure child care payments are properly administered. The strategy:
- guides the actions we take against non-compliance
- explains the principles we follow to ensure our actions are fair and consistent
- supports providers to understand their requirements and responsibilities.
Send a tip-off
Help us keep the child care system fair. If you think a child care service is doing something illegal or fraudulent, or is trying to get an unfair advantage, you can tell us anonymously.
Illegal activities include:
- not complying with reporting and administration obligations
- not providing appropriate staff or conditions
- operating without proper registration, including the type of service provided.
Call 1800 664 231 Monday to Friday, 9am to 5pm (AEDT).
Email the tip-off line anytime at firstname.lastname@example.org.