Compliance in child care

Child care providers must comply with the rules under Family Assistance Law. We regularly check providers are following the law and take compliance action when they’re not.

Provider responsibilities

If you receive the Child Care Subsidy (CCS), you must ensure you, your services, relevant staff and educators comply with their obligations under Family Assistance Law.

We may take compliance action if you fail to meet your obligations. Compliance action could include:

  • putting conditions on your approval
  • issuing an infringement
  • suspending or cancelling your approval.

The actions we take will depend on:

  • the severity of the non-compliance
  • your past behaviour or compliance history
  • your response to any earlier non-compliance action
  • overall trends of non-compliance in the sector.

The information and resources on this page will help providers understand their obligations and avoid compliance action.

Family Assistance Law

Family Assistance Law sets the rules for administering the CCS and Additional Child Care Subsidy (ACCS). Approved providers must be familiar with and comply with Family Assistance Law.

Compliance video series

We’ve got a series of short, animated videos to help you understand your obligations under Family Assistance Law.

Image
two people with a laptop

Child Care Provider Handbook

The Child Care Provider Handbook outlines the legal requirements and responsibilities of running a child care service. Learn about:

  • becoming an approved provider
  • enrolling children
  • managing and reporting sessions of care
  • how CCS is paid
  • record keeping and notifications.
Image
Transition to Work_Eligibility

Infringements

We issue infringements to providers who do not comply with their obligations under Family Assistant Law. An infringement is a fine, much like a parking ticket.

Send a tip-off

Help us keep the child care system fair.

If you think a child care service is doing something illegal or fraudulent or is trying to get an unfair advantage, you can tell us anonymously.

Illegal activities include:

  • not complying with reporting and administration obligations
  • not providing appropriate staff or conditions
  • operating without proper registration, including the type of service provided.

Call 1800 664 231 Monday to Friday, 9am to 5pm (AEDT).

Information sharing and data matching

Most providers do the right thing. There are a few who exploit government programs by claiming payments they aren’t entitled to.

We work with other agencies, like the Australian Tax Office (ATO) and law enforcement, to deal with suspected:

  • non-compliance
  • collusion
  • fraud
  • criminal activities.

When we collaborate with these agencies we:

  • exchange data
  • share intelligence and information
  • engage in joint activities
  • share referrals, tip-offs and compliance outcomes.

We also participate in the ATO’s Government Payments Program. The program ensures service providers getting government payments are meeting their tax and superannuation obligations.

Visit the ATO Government Payments Program website for details and view the data matching protocol.

Section 158 notice

A section 158 notice is a legal document requiring you to provide us with information.

You may get a section 158 notice if we think you have information, documents or records that will help us administer Family Assistance Law.

Child Care Enforcement Action Register

The Child Care Enforcement Action Register lists services that have been penalised for breaking the law.

Child Care Financial Integrity Strategy

The Child Care Financial Integrity Strategy outlines how we make sure child care payments are properly administered. The strategy:

  • guides the actions we take against non-compliance

  • explains the principles we follow to ensure our actions are fair and consistent

  • supports providers to understand their requirements and responsibilities.

If you have questions about the strategy send us an email.

 

More information

Explore more Child Care Package resources.

Subscribe to ECCC News to receive important information and updates.

The Child Care Subsidy Helpdesk is for providers and services seeking answers. Call 1300 667 276 Monday to Friday, 9am to 5pm (AEDT) or send an email anytime.