Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An approved provider may apply to the Secretary for a determination under this section if the provider:
(a) considers that a child is or was at risk of serious abuse or neglect at the time an approved child care service of the provider provides or provided a session of care to the child; and
(b) is unable to give a certificate because of subsection 85CB(3) or (4).
Note: Before making the application, the provider must give notice to an appropriate State/Territory support agency in accordance with section 204K of the Family Assistance Administration Act.
(2) The application must:
(a) be made in a form and manner approved by the Secretary; and
(b) contain the information, and be accompanied by the documents, required by the Secretary.
(3) The Secretary must, no later than 28 days after the day the application is made:
(a) if satisfied that the child is or was at risk of serious abuse or neglect on a day (an at risk day )--make a written determination to that effect; and
(b) otherwise--refuse the application.
Note: Persons whose interests are affected by the decision must be notified of the decision and of their right to have it reviewed (see section 266 of the ART Act).
(5) A determination made under this section must:
(a) 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 application was made; and
(b) specify the whole weeks for which it has effect, which:
(i) must be weeks that include an at risk day; and
(ii) unless subsection (5A) applies--cannot exceed 13 weeks; and
(c) identify the child to whom it relates.
(5A) If the child is a member of a class prescribed by the Minister's rules for the purposes of subparagraph 85CA(2)(b)(ii), the unbroken period of weeks for which the determination and any of the following have effect cannot exceed 13 weeks:
(a) a certificate given by the provider under section 85CB in relation to the child;
(b) one or more other determinations under this section that relate to the child.
(5B) The Secretary may extend the period of 28 days referred to in paragraph (5)(a), 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.
(5C) The Secretary may extend the period of 13 weeks referred to in subparagraph (5)(b)(ii), to a period of no more than 52 weeks, if the Secretary is satisfied that a circumstance prescribed by the Minister's rules exists in relation to the child.
(6) If:
(a) a determination made under this section is in effect in relation to a child; and
(b) the Secretary is satisfied that the child will still be at risk of serious abuse or neglect after the determination ceases to have effect;
the Secretary may make a written determination accordingly to take effect on the Monday immediately after the earlier determination ceases to have effect.
(7) A determination made under this section is not a legislative instrument.