Commonwealth Consolidated Acts Commonwealth Consolidated ActsNotice if a child starts to be enrolled
(1) An approved provider of an approved child care service must give the Secretary a notice in accordance with subsection (4) if a child starts to be enrolled for care by the service.
Notice if a child starts to be enrolled before approval given or during suspension of approval
(2) An approved provider of an approved child care service must give the Secretary a notice in accordance with subsection (4) if:
(a) on the day a child starts to be enrolled for care by the service:
(i) the provider is not approved, or not approved in respect of the service; or
(ii) the provider's approval, or approval in respect of the service, is suspended; and
(b) after that day, the Secretary gives the provider notice:
(i) that the provider has been approved, or approved in respect of the service; or
(ii) that the suspension has been revoked; and
(c) the child is enrolled for care by the service on any day on or after the day the approval or revocation takes effect.
Notice if relevant arrangement entered into
(3) An approved provider of an approved child care service must give the Secretary a notice in accordance with subsection (4) if the provider and a person enter into an arrangement (a relevant arrangement ) other than a complying written arrangement for the service to provide care to a child.
Content and timing of notices
(4) A notice is given in accordance with this subsection if:
(a) it is given in a form and manner approved by the Secretary; and
(b) it contains the information required by the Secretary; and
(c) for a notice under subsection (1)--it is given by the later of:
(i) 7 days after the end of the week in which the child started to be enrolled; or
(ii) if the child started to be enrolled in a period, or a series of consecutive periods, to which a payment under section 205A relates--7 days after the end of the period, or the last such period; and
(d) for a notice under subsection (2)--it is given no later than 7 days after the end of the week in which the Secretary gave the notice referred to in paragraph (2)(b); and
(e) for a notice under subsection (3)--it is given no later than 7 days after the end of the week in which the relevant arrangement is entered into.
(4A) If an approved provider of an approved child care service fails to give a notice under subsection (1), (2) or (3) by the day required under paragraph (4)(c), (d) or (e) (as the case requires):
(a) the failure does not affect the validity of a notice given after that day; and
(b) the notice is taken to have been given on the last day the notice was required to be given under paragraph (4)(c), (d) or (e) (as the case requires), other than for the purposes of subsections (5) and (6).
Offence
(5) A person commits an offence of strict liability if the person contravenes subsection (1), (2) or (3).
Civil penalty
(6) A person is liable to a civil penalty if the person contravenes subsection (1), (2) or (3).
Civil penalty: 30 penalty units.