55Matters that must be notified to the Secretary

#### 55 Matters that must be notified to the Secretary For subsection 204F(1) of the Family Assistance Administration Act, an approved provider must give the Secretary written notice of the matters prescribed in the table below, by the time prescribed in the table. | Item | Matter to be notified | When notification needs to be provided | | ---- | --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- | | 1 | Fees1.1 Information on the fees for care for each approved child care service of the provider as notified to individuals who may enrol their child for care at the service (whether expressed in a contract for services, however described, through any fee charging policies, or as published by the service through marketing, advertising or any other promotional material or means) (fee information). The fee to be notified to the Secretary is:(a) where fees are advertised on a daily or sessional basis, the fees that apply daily or to sessions of care, as applicable; or(b) the total hourly fee advertised by the provider for care provided by the service,expressed before any fee reduction amounts (as set out in section 67EB of the Family Assistance Administration Act) or other rebates and discounts are applied, which may otherwise reduce the total fee.1.2 Where the fee information is provided on a daily or sessional basis (under paragraph 1.1(a)), the number of hours in each session of care to which the fee relates.1.3 Any change to the fee information. | 1.1.1 If the provider is taken to be approved in respect of the service under item 9 of Schedule 4 to the Jobs for Families Act—within 14 days after the commencement day.1.1.2 If the provider is approved in respect of the service under Part 8 of the Family Assistance Administration Act—within 14 days after the day on which the provider is given the notice of approval under subsection 194B(4) of the that Act.1.2 Within 14 days after the change.1.3 Within 14 days after 30 June and 31 December in each year. | | 2 | Operating hours2.1 Information on the hours and days on which each approved child care service of the provider operates, with opening and closing times notified in 24 hour format (operating hours information).2.2 Any change to the operating hours information. | 2.1.1 If the provider is taken to be approved in respect of the service under item 9 of Schedule 4 to the Jobs for Families Act—within 14 days after the commencement day.2.1.2 If the provider is approved in respect of the service under Part 8 of the Family Assistance Administration Act—within 14 days after the day on which the provider is given the notice of approval under subsection 194B(4) of that Act.2.2 Within 14 days after the change. | | 3 | Whether the provider has any vacancies available to fill in respect of each of its approved child care services in relation to the following week.A vacancy is:(a) for a centre‑based day care service or an FDC service—an ongoing full day or session vacancy as applicable; and(b) for an outside school hours care service—an ongoing full session vacancy. | By 8:00 pm each Friday. | | 4 | Ceasing to operate an approved child care service, if the provider is not required to give notice under section 204A of the Family Assistance Administration Act. | Within 24 hours after ceasing to operate the service. | | 5 | Change of physical or postal address of the provider. | No later than 30 days before the change, or, if the change was not foreseeable at that time, as soon as practicable. | | 6 | Change of physical or postal address of the premises from which any of the provider’s approved child care service operates. | No later than 30 days before the change or, if the change was not foreseeable at that time, as soon as practicable. | | 7 | Change to the name of the provider, including evidence of name change. | Within 14 days after the change. | | 8 | Change to the name of any of the provider’s approved child care services, including evidence of name change. | Within 14 days after the change. | | 9 | Change of any of the following contact details of the provider, or of any of the provider’s approved child care services:(a) an email address;(b) a website;(c) a telephone number;(d) a fax number. | Within 14 days after the change. | | 10 | Information about any new person:(a) with management or control of the provider (including any person who becomes responsible for the day‑to‑day operation of any of the provider’s approved child care services); or(b) who becomes an FDC educator or IHC educator in relation to any such service.The information must include:(c) the name and contact details of the new person; and(d) a declaration that the checks required by section 43 have been carried out as that section applies in relation to the new person, together with details of the new person’s current working with children check. | Within 7 days after the new person becomes a person with management or control of the provider, or an FDC educator or IHC educator. | | 11 | Change of the name of or contact details for any of the following persons:(a) a person with management or control of the provider (including any person who is responsible for the day‑to‑day operation of any of the provider’s approved child care services);(b) an FDC educator or IHC educator in relation to any such service. | Within 7 days after the provider becomes aware of the change. | | 12 | The provider becomes aware, because of a check undertaken in relation to a person as mentioned in section 43, that the person:(a) has a conviction or finding of guilt (a serious conviction or finding of guilt) for any of the following offences under a law of Australia or of a foreign country:(i) an indictable offence punishable by a maximum of 2 years imprisonment or 40 penalty units;(ii) an offence involving violence, or a sexual offence;(iii) an offence involving fraud, stealing or dishonesty; or(b) is an undischarged bankrupt; or(c) was a director or secretary of a corporation when the corporation went into administration, receivership or liquidation, or at any time during the 12 months beforehand.Note: A criminal history check is required under section 43 for any person with management or control of the provider, any person with responsibility for the day‑to‑day operation of a service, or an FDC educator or IHC educator in relation to any of the provider’s approved child care services. The checks under that section which may disclose bankruptcy or administration, receivership or liquidation only apply to a person with management or control of the provider other than a person responsible for the day‑to‑day operation of any of the provider’s approved child care services. | Within 7 days after the provider receives a record of the check. | | 13 | An event or circumstance in relation to a person with management or control of the provider (including a person responsible for the day‑to‑day operation of any of the provider’s approved child care services) that reasonably indicates that the person is not likely to be a fit and proper person to be involved in the administration of CCS and ACCS. | Within 7 days after the provider becomes aware of the event or circumstance. | | 14 | A person stops having management or control of the provider (including when a person stops having day‑to‑day responsibility for the operation of any of the provider’s approved child care services).The provider must also notify the Secretary of when, and the reason why, the person stopped having management or control of the provider. | Within 7 days after the person stops having management or control of the provider. | | 15 | An educator obtains a qualification in circumstances outlined in subsection 46(4) of these Rules. | Within 7 days after the provider becomes aware of the matter. | | 16 | A provider or a person with management or control of the provider, obtains an interest, or is likely to obtain an interest, in a business, in circumstances outlined in subsection 46(5) of these Rules.Note: Subsection 46(5) refers to circumstances where an interest in a business may affect the provider or person’s ability to comply with the family assistance law, where the approval may benefit the business or where a conflict of interest might reasonably be perceived to exist. | Within 7 days of the provider becoming aware of the matter. | | 17 | Change in the status of a current working with children check for an individual covered by section 195D of the Family Assistance Administration Act.Note: A change in status of a current working with children check in relation to an individual will occur where the individual obtains a new check, or the current check is renewed, extended, suspended, revoked, lapsed or expired. | Within 24 hours after the provider becomes aware of the change in status. | | 18 | The provider enters into administration, receivership, liquidation or bankruptcy.The provider must also notify the Secretary of the details of this event. | Within 24 hours after the event. | | 19 | Unexpected closure of any of the provider’s approved child care services due to unforeseen circumstances. | Within 24 hours after the closure. | | 20 | A serious conviction or finding of guilt (see item 12) of:(a) a person with management or control of the provider (including a person who becomes responsible for the day‑to‑day operation of any of the provider’s approved child care services); or(b) an FDC educator, or another educator, in relation to any such service. | Within 24 hours after the provider becomes aware of the charging, conviction or finding of guilt. | | 21 | Where the provider is eligible for ACCS under 85CA of the Family Assistance Act in relation to a child that is a member of a class prescribed by the Minister’s rules for the purposes of 85CA(ba)–any change in relation to the formal foster care arrangement or long term protection order that applies to that child. | Within 7 days after the provider becomes aware of the change. | | 22 | Any of the following events:(a) an FDC educator ceases to be engaged by or registered with any of the provider’s approved child care services;(b) 3 months have passed since the educator last provided care on behalf of the provider.The information must include date the person ceased to be engaged by or registered with the service. | The earlier of the following:(a) Within 42 days after the educator ceases to be engaged by or registered with the service; or(b) Within 7 days after the end of the 3 month period after the educator last provided care on behalf of the provider. | | 23 | Change of physical address of the premises from which an FDC educator provides care for the service. | No later than 14 days before the change, or, if the change was not foreseeable at that time, within 7 days after the provider becomes aware of the change. |