Child Care Enforcement Action Register

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 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

The service:

• failed to comply with obligations regarding enrolment notices
• reported care inaccurately and or in cases where no care was occurring
• reported care for whom no one is eligible to receive assistance under family law
• failed to prove that parents have a genuine liability
• 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 the provisions of the National Law and the National Regulations
• failed to comply with family assistance law
• failed to comply with provider requirements for complying written arrangements (CWA)

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 43(1)(c) (genuine liability) “as saved”
• section 85BA (eligibility for CCS)
• 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(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 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 200B (when a child is enrolled)

Child Care Subsidy Secretary’s Rules 2017

• rule 12 (requirements to keep certain records)

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)

A decision maker in the department had determined that 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 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
• failed to cooperate with a person exercising information gathering powers
• recklessly presented false documents to a person with information gathering powers
• reported care inaccurately and or in cases where no care was occurring
• failed to comply with obligations regarding enrolment notices
• 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

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 158 (written notice of requirement)
• section 174 (false statement or document)
• 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(3) (compliance with family assistance law)
• section 195A(4) (compliance with Commonwealth, State and Territory laws)
• 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 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 (Eligibility of Child Care Services for Approval and Continued Approval) Rules 2017 - “as saved”

Education and Care Services National Regulations

• regulation 123 (educator to child ratios – centre based services)

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
• failed to cooperate with a person exercising information gathering powers
• recklessly presented false documents to a person with information gathering powers
• reported care inaccurately and or in cases where no care was occurring
• failed to comply with obligations regarding enrolment notices
• 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

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 158 (written notice of requirement)
• section 174 (false statement or document)
• 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(3) (compliance with family assistance law)
• section 195A(4) (compliance with Commonwealth, State and Territory laws)
• 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 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 (Eligibility of Child Care Services for Approval and Continued Approval) Rules 2017 - “as saved”

Education and Care Services National Regulations

• regulation 123 (educator to child ratios – centre based services)

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 comply with National Regulations with regard to educator to child ratios
• failed to comply with obligations regarding enrolment notices
• 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 State or Commonwealth Law
• 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 194E (fit and proper person considerations)
• section 195A (compliance with rules and laws)
• section 195A(1) (continued satisfaction of eligibility rules)
• section 195A(4) (compliance with Commonwealth, State and Territory laws)
• 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 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 - “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 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 Subsidy Minister's Rules 2017

• rule 56 (Requirements in relation to care given at FDC services to children of FDC educators)

Education and Care Services National Regulations

• regulation 124 (number of children who can be educated and cared for - family day care educator)

The service:

• failed to provide required reports
• failed to provide required reports within required timeframes
• failed to provide accurate 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
• reported care for whom no one is eligible to receive assistance under family law
• failed to comply with obligations regarding enrolment notices
• failed to comply with State or Commonwealth Law
• 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 family assistance law
• failed to comply with conditions for continued approval

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 (Conditions for continued approval – compliance with rules and laws)
• section 195A(1) (continued satisfaction of eligibility rules)
• section 196(2) (compliance with family assistance law) “as saved’
• section 196(3) (compliance with Commonwealth, State and Territory laws) “as saved’
• 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 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) Rules 2017 - “as saved”

Education and Care Services National Regulations

• regulation 124 (number of children who can be educated and cared for - family day care educator)

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 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 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 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 State or Commonwealth Law
• failed to comply with the provisions of the National Law and the National Regulations
• 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 195A(1) (continued satisfaction of eligibility rules)
• 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 219BA (obligation to pass on fee reductions where approved child care service eligible) “as saved”
• section 219QB (remitting amounts that cannot be passed on) "as saved"

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 comply with National Regulations with regard to educator to child ratios
• failed to comply with obligations regarding enrolment notices
• 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 comply with conditions for continued approval

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 195A (compliance with rules and laws)
• section 195A(1) (continued satisfaction of eligibility rules)
• 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 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 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 - “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”

Education and Care Services National Regulations

• regulation 124 (number of children who can be educated and cared for - family day care educator)

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
• charged fees in excess of the usual fees for comparable care
• reported care inaccurately and or in cases where no care was occurring
• failed to provide information to a person exercising information gathering powers
• failed to comply with the provisions of the National Law and the National Regulations
• failed to satisfy provider eligibility rules
• failed to comply with Commonwealth Law including contraventions of the Fair Work Act
• failed to satisfy ‘suitable person’ criteria for the purposes of family assistance law.
• failed to comply with conditions for continued approval

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 158 (written notice of requirement)
• section 194C (provider eligibility rules)
• section 194E (fit and proper person considerations)
• section 195A(2) (compliance with family assistance law)
• 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 201C (charging no more than usual hourly session fee)
• 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 219BA  (obligation to pass on fee reductions where approved child care service eligible) “as saved”
• section 219BB (obligation to charge no more than usual fee – rate determined by child care service or Secretary) ”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

• Section 7 (applicant to be a suitable person) “as saved”
• Section 16 (approved child care service to continue to comply with suitability requirements etc.) “as saved”

Child Care Benefit (Session of Care) Determination 2016 

• 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 being delivered to school age children during school hours
• reported care inaccurately and/or in cases where no care was occurring
• failed to provide information to a person exercising information gathering powers
• 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 comply with conditions for continued approval.

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 158 (written notice of requirement)
• section 194C (provider eligibility rules)
• section 194E (fit and proper person considerations)
• section 195A(1) (continued satisfaction of eligibility rules)
• section 195A(4) (compliance with Commonwealth, State and Territory laws)
• 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 219N (obligation to give reports to the Secretary) “as saved”
• 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 Subsidy (What Constitutes a Session of Care) Determination 2018 

• Section 6 (what constitutes a session of care)

The service was issued a notice of suspension under Education and Care Services National Law by the NSW state regulatory authority. 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 surrendered its approval to operate a service to the NSW state regulatory authority. This cancellation meant that the service no longer met requirements under the family assistance law.

Non-compliance with State or Commonwealth Law

The service is subject to an investigation by the NSW Police Force.

A decision maker in the department had a reasonable apprehension that the provider has contravened the following conditions of their continued approval:

• Section 195A (Conditions for continued approval – compliance with rules and laws)
• Section 194C (Provider eligibility rules)
• Section 194D (Service eligibility rules)
• Section 194E (Fit and proper person considerations)

The service was issued a notice of suspension under Education and Care Services National Law by the NSW state regulatory authority. 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 was issued a notice of suspension under Education and Care Services National Law by the NSW state regulatory authority. 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 was issued a notice of suspension under Education and Care Services National Law by the Queensland state regulatory authority. 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 had action initiated under Education and Care Services National Law by the NSW state regulatory authority, which led a departmental decision maker to have a reasonable apprehension that the service had contravened conditions of their continued approval and was not subsequently able to meet its requirements imposed by a law of the Commonwealth.

Non-compliance with State or Commonwealth Law

The service was issued a notice of suspension under Education and Care Services National Law by the Victorian State regulatory authority. 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 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.

Non-compliance with State or Commonwealth 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 159 (failure to comply with requirement) “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 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) Rules 2017

• section 7 (applicant to be a suitable person)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16(2) (suitability of applicant) "as saved"

A New Tax System (Family Assistance) Act 1999

• section 10 (effect of absence of child from care of approved child care service other than an approved occasional care service)

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

• section 196(3) (conditions of continued approval - compliance with applicable requirements imposed by a law of the Commonwealth or a law of the State or Territory in which the service operates)

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 196(3) (failure to comply with a condition of approval by having educators with more than 7 children in care)
• section 219AB (when and how notice to be given)"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 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) Rules 2017

• section 7 (applicant to be a suitable person)"as saved" section
• section 10(1A) (undertakings as to operation of child care services - general)
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (additional undertakings as to operation of family day care service)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16(2) (suitability of applicant) "as saved"
• section 19 (notifiable events)
• section 21 (information regarding child care services)

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

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

• section 7 (additional records to be kept by approved family day care services)"as saved"

Non-compliance with State or Commonwealth 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 219AB (when and how notice to be given)"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 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) Rules 2017

• section 7 (applicant to be a suitable person)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (family day care services: additional requirements)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

Child Care Benefit (Session of Care) Determination 2016

• section 6 (what constitutes a session of care)"as saved"
• section 11 (care that is not a session of care)

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

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

• section 7 (additional records to be kept by approved family day care services)"as saved"

Education and Care Services National Regulations

• regulation 124 (number of children who can be educated and cared for - family day care educator)

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 219AB (when and how notice to be given)"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 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) Rules 2017

• section 7 (applicant to be a suitable person)"as saved"
• subsection 10(1A) (provision of care)
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (family day care services: additional requirements)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

Child Care Benefit (Session of Care) Determination 2016

• section 6 (what constitutes a session of care)"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 partner’s 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)"as saved"

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

• section 7 (additional records to be kept by approved family day care services)"as saved"

A New Tax System (Family Assistance) Act 1999

• section 10 (effect of absence of child from care of approved child care service other than an approved occasional care service)

Education and Care Services National Regulations

• regulation 124 (number of children who can be educated and cared for - family day care educator)

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 219N (obligation to give reports to the Secretary) “as saved”
• section 219AB (when and how notice to be given)"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

• section 7 (applicant to be a suitable person)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (additional undertakings as to operation of family day care service)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

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

A New Tax System (Family Assistance) Act 1999

• section 10 (effect of absence of child from care of approved child care service other than an approved occasional care service)

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

• section 7 (additional records to be kept by approved family day care services)"as saved"

Education and Care Services National Regulations

• regulation 124 (number of children who can be educated and cared for - family day care educator)

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 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"

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

• section 7 (applicant to be a suitable person)"as saved"
• subsection 10(1A) (provision of care)
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16(2) (suitability of applicant) "as saved"

Child Care Benefit (Session of Care) Determination 2016

• section 12 (not a session of care for special grandparent rate purposes)
• section 13 (not a session of care where a child is at risk or individual is in hardship rate purposes)

Education and Care Services National Regulations

• regulation 124 (number of children who can be educated and cared for - family day care educator)

Non-compliance with State or Commonwealth Law

The service has not complied with conditions for continued approval and has had their conditions for the continued approval of the service varied

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 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

• section 7 (applicant to be a suitable person)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (family day care services: additional requirements)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

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

• section 4 (definition of prescribed timeframes for documentary evidence) "as saved"
• 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)"as saved"

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

• section 7 (additional records to be kept by approved family day care services)"as saved"

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

• Non-compliance with State or Commonwealth 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 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

• section 7 (applicant to be a suitable person)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (family day care services: additional requirements)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

Child Care Benefit (Session of Care) Determination 2016

• section 6 (what constitutes a session of care)"as saved"

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

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

• section 6 (records to be kept by approved child care services)"as saved"

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 219N (obligation to give reports to the Secretary) "as saved"
• section 219AB (when and how notice to be given)"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

• section 7 (applicant to be a suitable person)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

A New Tax System (Family Assistance) Act 1999

• section 10 (effect of absence of child from care of approved child care service other than an approved occasional care service)

Education and Care Services National Regulations

• regulation 124 (number of children who can be educated and cared for - family day care educator)

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 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) Rules 2017

• section 7 (applicant to be a suitable person)"as saved"
• subsection 10(1A) (provision of care)"as saved"
• section 10AB (family day care services: additional requirements)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

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

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

Child Care Benefit (Session of Care) Determination 2016

• section 6 (what constitutes a session of care)"as saved"

Education and Care Services National Regulations

• regulation 124 (number of children who can be educated and cared for - family day care educator)

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 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

• section 7 (applicant to be a suitable person)"as saved"
• subsection 10(1A) (provision of care)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

Education and Care Services National Regulations

• regulation 123A (family day care co-ordinator to educator ratios - family day care)
• regulation 124 (number of children who can be educated and cared for - family day care educator)
• regulation 144 (family day care educator assistant)
• regulation 153 (evidence of (adequate monitoring and support of educators and educator assistants by family day care co-ordinators)
• regulation 154 (record of staff engaged or employed  by family day care service)

A New Tax System (Family Assistance) Act 1999

• section 10 (effect of absence of child from care of approved child care service other than an approved occasional care service)

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 (obligations and permissions of an approved child care service are those of the operator)"as saved"
• section 219N (obligation to give reports to the Secretary) "as saved"
• section 219A  (Obligation to notify Secretary of enrolment of a child by an individual)"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

• section 7 (applicant to be a suitable person)"as saved" section
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (additional undertakings as to operation of family day care service)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

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

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

• section 6 (records to be kept by approved child care services)"as saved"

A New Tax System (Family Assistance) Act 1999

• section 10 (effect of absence of child from care of approved child care service other than an approved occasional care service)

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 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

• section 7 (applicant to be a suitable person)"as saved"
• section 10A (where no one was eligible)"as saved"
• section 10AB (family day care services: additional requirements)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "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 partner's child or siblings)"as saved"
• 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)"as saved"

Child Care Benefit (Session of Care) Determination 2016

• section 6 (what constitutes a session of care)"as saved"
• section 11 (care that is not a session of care)"as saved"

Education and Care Services National Regulations

• regulation 124 (number of children who can be educated and cared for - family day care educator)

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 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

• section 7 (applicant to be a suitable person)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (family day care services: additional requirements)"as saved"
• subsection 10(1A) (provision of care)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

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

• section 4 (definition of prescribed timeframes for documentary evidence) "as saved"
• 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"

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

• section 196(3) (conditions of continued approval - compliance with applicable requirements imposed by a law of the Commonwealth or a law of the State or Territory in which the service operates.) "as saved"

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 219N (obligation to give reports to the Secretary) "as saved"
• section 219AB (when and how notice to be given) "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

• section 7 (applicant to be a suitable person)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (family day care services: additional requirements)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

Education and Care Services National Regulations

• regulation 124 (number of children who can be educated and cared for - family day care educator)

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 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

• section 7 (applicant to be a suitable person)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (family day care services: additional requirements)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

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

Child Care Benefit (Session of Care) Determination 2016

• section 12 (not a session of care for special grandparent rate purposes)"as saved"

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 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

• section 7 (applicant to be a suitable person)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (additional undertakings as to operation of family day care service)"as saved"
• subsection 10(1A) (provision of care)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"
• section 21 (information regarding child care services)"as saved"
• section 21A (approval by Secretary)"as saved"

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"

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 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

• section 7 (applicant to be a suitable person)"as saved"
• section 10 (1A) (provision of care)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (additional undertakings as to operation of family day care service)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

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

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

• section 6 (records to be kept by approved child care services)"as saved"
• section 7 (additional records to be kept by approved family day care services)"as saved"

Education and Care Services National Regulations

• regulation 124 (number of children who can be educated and cared for - family day care educator)

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 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

• section 7 (applicant to be a suitable person)"as saved"
• subsection 10(1A) (provision of care)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (family day care services: additional requirements)"as saved"
• subsection 14C (capacity to use electronic interface)
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

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

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

• section 7 (additional records to be kept by approved family day care services)"as saved"

 A New Tax System (Family Assistance) Act 1999

• section 10 (effect of absence of child from care of approved child care service other than an approved occasional care service)

Education and Care Services National Law

• section 51 (conditions for service approval)

Education and Care Services National Regulations

• regulation 124 (number of children who can be educated and cared for - family day care educator)

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 195A(1) (continued satisfaction of eligibility rules)
• 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 205 (1)(b) (eligibility rules) "as saved"
• section 219N (obligation to give reports to the Secretary) "as saved"

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

• section 9(2) (sessions of care to a child who is 14 years of age or older) "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 10AB (the obligation to keep a register and/or documentary evidence in respect of care provided to children for whom no one is eligible unless specified circumstances apply) "as saved"
• rule 16 (approved child care service to continue to comply with suitability requirements etc.) "as saved"

Education and Care Services National Regulations

• section 124 (number of children who can be educated and cared for - family day care educator)

Suspension End Date: 2/10/2019

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 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

• section 7 (applicant to be a suitable person)"as saved"
• subsection 10(1A) (provision of care)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

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

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

• section 7 (additional records to be kept by approved family day care services)"as saved"

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 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

• section 7 (applicant to be a suitable person)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (family day care services: additional requirements)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

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

• section 4 (definition of prescribed timeframes for documentary evidence) "as saved"
• 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)"as saved"

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 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

• section 7 (applicant to be a suitable person)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (family day care services: additional requirements)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

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

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

• section 6 (records to be kept by approved child care services)"as saved"

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 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

• section 7 (applicant to be a suitable person)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (family day care services: additional requirements)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

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

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

• section 7 (additional records to be kept by approved family day care services)"as saved"                                                                                                                                             

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

• section 196(3) (conditions of continued approval - compliance with applicable requirements imposed by a law of the Commonwealth or a law of the State or Territory in which the service operates.) "as saved"

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 219N (obligation to give reports to the Secretary) "as saved"
• section 219AB (when and how notice to be given)"as saved"
• section 219B (obligation to pass on fee reduction)"as saved"
• section 219BA (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

• section 7 (applicant to be a suitable person)"as saved"
• section 10A (family day care services: additional requirements)"as saved"
• section 10AB (family day care services: additional requirements)"as saved"
• subsection 16(1) (continuing compliance with part 2)"as saved"
• subsection 16 (2) (suitability of applicant) "as saved"

A New Tax System (Family Assistance) Act 1999

• section 10 (effect of absence of child from care of approved child care service other than an approved occasional care service)

Education and Care Services National Regulations

• regulation 124 (number of children who can be educated and cared for - family day care educator)