Imposing conditions on approval

We can impose additional conditions on your provider or service approval if you don’t comply with your obligations or to treat regulatory risk.

On this page:

What are conditions?

We impose additional conditions to promote and enforce compliance with the Family Assistance Law (FAL) and effectively treat regulatory risk. Conditions can be imposed at the time of approval, or following compliance audits, investigations and reviews.

Providers with additional conditions imposed must comply with them, a breach could result in further enforcement action.

Conditions will be:

  • comparable to the level of non-compliance or regulatory risk identified
  • clear, unambiguous and reasonable
  • either ongoing or have an end date.

We may publish conditions we’ve imposed on providers on the enforcement action register.

What conditions can we impose?

We can impose any additional condition which will support the provider’s compliance with the FAL.

Examples of conditions imposed include, but are not limited to:

  • placing limits on educators engaged and providing family day care
  • requiring that all electronic gap fee payments are made to the provider rather than individual family day care educators
  • requiring persons with management or control to complete Geccko training
  • requiring a provider to supply particular documents, such as a statement of tax record
  • conditions to address quality and safety risks in a specified timeframe
  • preventing expansion by refusing applications for new services.

Review of decisions

You can request a review of a decision to impose conditions on your provider approval.

More information about review rights and relevant timeframes will be included in the conditions notice we issue to the provider.

If you are unhappy with the decision following the review, you may appeal the decision to the Administrative Review Tribunal.