Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) The approved provider of an approved child care service may, if it considers that a child is or was at risk of serious abuse or neglect on a day (an at risk day ), give the Secretary a certificate to that effect.
Note: If the provider gives a certificate under this section, it must give notice to an appropriate State/Territory support agency in accordance with section 204K of the Family Assistance Administration Act.
(2) The certificate must:
(a) be given in a form and manner approved by the Secretary; and
(b) contain the information, and be accompanied by the documents, required by the Secretary; and
(c) specify the day it takes effect (which must be the Monday of a week that includes an at risk day and cannot be more than 28 days before the certificate is given); and
(d) specify the whole weeks for which it has effect (which must be weeks that include an at risk day); and
(e) identify the service to which, and the child to whom, it relates; and
(f) include any other matters prescribed by the Secretary's rules.
(2A) The Secretary may extend the period of 28 days referred to in paragraph (2)(c), to a period of no more than 13 weeks, if the Secretary is satisfied that an exceptional circumstance prescribed by the Minister's rules exists.
(3) A certificate given by an approved provider does not take effect if the certificate would have the effect that, in any period of 12 months, certificates given by the provider in relation to a particular child and a particular service would be in effect for more than 6 weeks (disregarding any days on which the provider's approval is suspended, or suspended in respect of the service).
(4) A certificate given by an approved provider does not take effect if the certificate would have the result that any certificates given by the provider, together with any determinations made under section 85CE, that are in effect on any day of the first week in which the certificate takes effect, would be in effect in relation to more than the percentage of children for whom the service is providing care specified in a determination made under subsection (4A).
(4A) For the purposes of subsection (4), if the Secretary determines that it is appropriate to the circumstances of the service, the Secretary may make a written determination specifying:
(a) a percentage of children for whom the service is providing care; and
(b) the period for which the determination is to have effect.
(5) A certificate given by an approved provider does not take effect if a circumstance prescribed by the Minister's rules exists in relation to any or all of the provider, the service or the child.
(6) A determination made under subsection (4A) is not a legislative instrument.