Commonwealth Consolidated Acts Commonwealth Consolidated ActsCertification for ACCS (child wellbeing)
(1) An approved provider that gives the Secretary a certificate under section 85CB of the Family Assistance Act must, no later than the later of the following days, give an appropriate State/Territory body notice that the provider considers the child to whom the certificate relates is or was at risk of serious abuse or neglect:
(a) the day that is 6 weeks after the day the certificate takes effect;
(b) if the Secretary decides under subsection 85CB(2A) of that Act to extend for the provider the period of 28 days referred to in paragraph 85CB(2)(c) of that Act--the day that decision is made.
Note: A certificate cannot take effect on a day more than 28 days before the certificate is given unless that period is extended by the Secretary under subsection 85CB(2A) of the Family Assistance Act.
(2) Subsection (1) does not apply if:
(a) the certificate is cancelled under section 85CC of the Family Assistance Act and a replacement certificate (within the meaning of paragraph (4)(b) of that section) is not given; or
(b) the certificate is cancelled under section 85CD of the Family Assistance Act; or
(c) the provider was notified of the risk by an appropriate State/Territory support agency.
Determination for ACCS (child wellbeing)
(3) Before making an application for a determination under section 85CE of the Family Assistance Act, an approved provider must give an appropriate State/Territory support agency notice that the provider considers the child to whom the application relates is or was at risk of serious abuse or neglect.
(4) Subsection (3) does not apply if:
(a) the provider gave an appropriate State/Territory support agency a notice in relation to the child under subsection (1) less than 6 weeks ago; or
(b) the provider was notified of the risk by an appropriate State/Territory support agency.
Offence
(5) A person commits an offence of strict liability if the person contravenes subsection (1) or (3).
Civil penalty
(6) A person is liable to a civil penalty if the person contravenes subsection (1) or (3).
Civil penalty: 50 penalty units.
Meaning of appropriate State/Territory support agency
(7) Any of the following is an appropriate State/Territory support agency for the State or Territory where care is provided to the child to whom a certificate relates:
(a) a department or agency of the State or Territory that is responsible for dealing with matters relating to the welfare of children;
(b) an organisation dealing with such matters on behalf of such a department or agency in accordance with an agreement between the department or agency and the organisation.