National police check clarification

Sections 194C and 194D of the A New Tax System (Family Assistance) (Administration) Act 1999(the Act) specify that, in order to be eligible for CCS approval and to maintain eligibility for CCS approval, the provider and its key personnel meet the Fit and Proper requirements set out at Section 194E of the Act.

Below we are providing some information for both FDC and all other services.

Under Family Assistance Law, providers are required to undertake a pre-employment police check (officially known as the Australian National Police Criminal History Check) for each:

• person who has management or control of the provider entity
  
• person who has responsibility for the day-to-day operation of the service
• Family Day Care educator
• In Home Care educator.

A police check is made through the police service in the state or territory where the new staff member or educator lives or through another agency accredited by the Australian Criminal Intelligence Commission.

The pre-employment police check must be no more than six months old at the time a specified staff member (listed above) commences employment with the provider.

New police checks are not required every six months, they are only required for individuals commencing with a provider.

Management or control of a provider

A certified copy of a police check dated no more than 6 months before the application

Details of each card, if required to be held under State and Territory law

An extract of the search dated no more than 3 months before the application

An extract of the search dated no more than 3 months before the application

An extract of the search dated no more than 3 months before the application

Day-to-day operational responsibility of a service

A certified copy of a police check dated no more than 6 months before the application

Details of each card, if required to be held under State and Territory law

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Family Day Care and In Home Care Educators

A declaration that they are fit and proper having regarding to a police check dated no more than 6 months before the application*

Details of each card, if required to be held under State and Territory law

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The provider becomes aware following a fitness or propriety check that a person:

• has a conviction or finding of guilt for any of the following offences under a law of Australia or of a foreign country:
  

•  an indictable offence punishable by a maximum of 2 years imprisonment or 40 penalty units;
  

•  an offence involving violence, or a sexual offence;

•   an offence involving fraud, stealing or dishonesty; or

•   is an undischarged bankrupt; or

•  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.
  

Within 7 days after the provider receives a record of the check.

An event or circumstance in relation to a person with management or control of the provider or 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.

An educator obtains a qualification from a Registered Training Organisation in which the provider or a person with management or control of the provider has involvement or association.

Within 7 days after the provider becomes aware of the matter.

A provider or person with management or control of the provider obtains, or is likely to obtain, an interest with a Registered Training Organisation or other child care related business enterprise.

Within 7 days after the provider becomes aware of the matter.

Change in the status of a working with children card for each individual who is required to have such a card under section 195D of the Family Assistance Administration Act.

Within 24 hours after the provider becomes aware of the change of status.

The provider enters into administration, receivership, liquidation or bankruptcy.

Within 24 hours after the event.

A serious conviction or finding of guilt of:

•  a person with management or control of the provider or a person  responsible for the day‑to‑day operation of any of the providers child care services; or

• an FDC educator, or another educator, at any of their services.

Within 24 hours after the provider becomes aware of the charging, conviction or finding of guilt.