43Additional rules for provider eligibility

#### 43 Additional rules for provider eligibility (1) For the purposes of paragraph 194C(f) of the Family Assistance Administration Act, this section prescribes additional criteria that a provider must satisfy to be approved for the purposes of the family assistance law in respect of one or more child care services. > Note: It is a condition for continued approval of an approved provider that the provider continues to satisfy the provider eligibility rules in section 194C of the Family Assistance Administration Act, including the criteria set out in this section: see subsection 195A(1) of that Act. Checks for persons with management or control of the provider (2) The provider must ensure that each person who has management or control of the provider: (a) if the person is an individual who is required under a law of a State or Territory to hold a working with children check—held a current working with children check immediately before the person commenced to hold that position; (b) if the person is an individual—has had a national police check from a State or Territory police service, or an agency accredited by the Australian Criminal Intelligence Commission, carried out no more than 6 months before the person commenced to hold that position; (c) unless the person is responsible for the day‑to‑day operation of a service of the provider—has had the following checks carried out no more than 30 days before the person commenced to hold that position: (i) if the person is an individual—a National Personal Insolvency Index check using the Bankruptcy Register Search service provided by the Australian Financial Security Authority (AFSA); (ii) if the person is an individual—a current and historical personal name extract search of the records of the Australian Securities and Investments Commission (ASIC); (iii) if the person is a company—a current and historical company extract search of the records of the Australian Securities and Investments Commission (ASIC); (d) if the person is an individual and is responsible for the day‑to‑day operation of a service of the provider, and the person becomes responsible for the day‑to‑day operation of another service of the provider—has had a national police check from a State or Territory police service, or an agency accredited by the Australian Criminal Intelligence Commission, carried out no more than 6 months before the person commenced to hold that other position. > Note: It is a condition under section 195D of the Family Assistance Administration Act that, for continued approval of an approved provider that, for each individual required under a law of a State or Territory to hold a working with children check in relation to care provided by a child care service of the provider, the provider must ensure that the individual has a current working with children check. Checks for FDC educators (3) The provider must ensure that each person who is an FDC educator for an FDC service of the provider: (a) held a current working with children check (within the meaning of section 195D of the Family Assistance Administration Act) immediately before the person commenced to hold that position; (b) has had a national police check from a State or Territory police service, or an agency accredited by the Australian Criminal Intelligence Commission, carried out no more than 6 months before the person commenced to hold that position; (c) if the FDC educator becomes an FDC educator with another FDC service of the provider—has had a national police check from a State or Territory police service, or an agency accredited by the Australian Criminal Intelligence Commission, carried out no more than 12 months before the person commenced to hold that other position. > Note: It is a condition under section 195D of the Family Assistance Administration Act for continued approval of an approved provider that, for each individual required under a law of a State or Territory to hold a working with children check in relation to care provided by a child care service of the provider, the provider must ensure that the individual has a current working with children check. Checks for IHC educators (4) The provider must ensure that each person who is an IHC educator for an in home care service of the provider: (a) held a current working with children check (within the meaning of section 195D of the Family Assistance Administration Act) immediately before the person commenced to hold that position; (b) has had a national police check from a State or Territory police service, or an agency accredited by the Australian Criminal Intelligence Commission, carried out no more than 6 months before the person commenced to hold that position; (c) if the IHC educator becomes an IHC educator with another in home care service of the provider—has had a national police check from a State or Territory police service, or an agency accredited by the Australian Criminal Intelligence Commission, carried out no more than 12 months before the person commenced to hold that other position. > Note: It is a condition under section 195D of the Family Assistance Administration Act for continued approval of an approved provider that, for each individual required under a law of a State or Territory to hold a working with children check in relation to care provided by a child care service of the provider, the provider must ensure that the individual has a current working with children check. Evidence of checks to be provided on request (5) The provider must provide written evidence of a check mentioned in this section to the Secretary on request. > Note: For the requirement to provide a declaration to the Secretary that the checks required by this section have been carried out, see table item 10 of section 55.