Child Care Subsidy notifications and records policy

Early Learning Victoria has a duty to report all notifiable circumstances and situations in relation to the administration of Child Care Subsidy (CCS) and to maintain full and accurate records in line with Family Assistance Law.

1. Scope

This policy applies to the approved provider, nominated supervisor, staff, and management of Early Learning Victoria centres.

2. Policy statement

This policy describes procedures to be implemented at Early Learning Victoria to:

assist Early Learning Victoria staff to understand and meet requirements for notifications in the administration of CCS
assist Early Learning Victoria staff to understand and meet requirements for creating, managing, storing, and disposing of Early Learning Victoria records.

This policy should be read in conjunction with the Records management policy.

2.1 Requirements

Early Learning Victoria is required to comply with:

the department’s general recordkeeping obligations under the Public Records Act 1973 and the associated standards issued by the Public Record Office Victoria
specific recordkeeping requirements and notification requirements for approved providers of education and care services under Family Assistance Law.

This dual compliance ensures that the department meets its broad public sector standards and the specialised needs of a CCS provider.

3. Actions and procedures

Record keeping

All Early Learning Victoria staff must create and manage full and accurate records of Early Learning Victoria centre functions and activities in the course of their daily work. Early Learning Victoria will store all CCS related records for seven years:

complaints made to Early Learning Victoria, or to any of the centres of Early Learning Victoria, relating to compliance with Family Assistance Law
a record of attendance for each child for whom care is provided (regardless of eligibility for CCS), including records of any absences from care
statements or documents demonstrating that additional absence days in excess of the allowable absence days satisfy requirements (see the Payment and collection of fees policy)
copies of invoices and receipts issued for the payment of child care fees
copies of all statements of entitlement issued and any statements issued to advise that there was a change of entitlement.

Early Learning Victoria must also keep a written record of the following, even if they would not otherwise record them in writing:

any notice given to a state or territory body about a child at risk of abuse or neglect
copies of the evidence and information provided with an application for approval about persons with management or control (PMC) of Early Learning Victoria and persons responsible for the day-to-day operation of a centre
any evidence or information produced to obtain police checks and Working with Children (WWC) checks for personnel and to support any statements about these checks in an application for provider or service approval.

Notifications

As an approved provider of CCS, Early Learning Victoria must notify the Australian Government Department of Education (Australian Government) of changes related to the administration of CCS within a service.

Early Learning Victoria will make all notifications in line with Family Assistance Law and the Child Care Provider Handbook. Notification will be provided in Kidsoft within the specified timeframes below:

- the total hourly fee charged for care at each approved Early Learning Victoria centre (before any fee reduction amounts or other rebates or discounts), as set out in any policy or advertising information provided to individuals who enrol their children with an Early Learning Victoria centre
- any change to the fee information.
Timeframe for notification
- within 14 days of any of the following:
  - commencement of the service, or
  - notice of approval of the service, or
  - any change.
Responsible
- Early Learning Victoria central office.
- the hours and days on which each approved Early Learning Victoria centre operates, with opening and closing times notified in 24-hour format
- any change to the operating hours.
Timeframe for notification
- within 14 days of any of the following:
  - commencement of the service, or
  - notice of approval of the service, or
  - any change.
Responsible
- Early Learning Victoria central office.
- the number of anticipated vacancies that Early Learning Victoria has available to fill in respect of each centre in relation to each day of the following week (beginning on a Monday)
- a vacancy is an ongoing full day vacancy.
Timeframe for notification
- by 8pm (AEST) each Friday.
Responsible
- Centre director.
Timeframe for notification
- at least 42 days before the service ceases operation.
Responsible
- Early Learning Victoria central office.
- to avoid being in breach of a law of the Commonwealth, a state or a territory, or
- due to circumstances beyond the provider’s control when 42 days’ notice cannot be given.
Timeframe for notification
- within 24 hours after ceasing to operate the service.
Responsible
- Early Learning Victoria central office.
- of the Early Learning Victoria central office, or
- the location of any approved Early Learning Victoria centres.
Timeframe for notification
- no later than 30 days before the change, or, if the change was not foreseeable at that time, as soon as practicable.
Responsible
- Early Learning Victoria central office.
- of the provider, or
- any Early Learning Victoria approved child care services, including evidence of name change.
Timeframe for notification
- within 14 days after the change.
Responsible
- Early Learning Victoria central office.
- of Early Learning Victoria or of any Early Learning Victoria approved child care services, specifically:
  - email address
  - website
  - telephone number
  - fax number.
Timeframe for notification
- within 14 days after the change.
Responsible
- Early Learning Victoria central office.
- with management or control of Early Learning Victoria (including any person in day-to-day operation of any of the Early Learning Victoria’s approved child care services).
The information must include:
- the name and contact details of the new person
- a declaration that the provider has undertaken all background checks required for the new person, together with details of the new person’s WWC card, if applicable.
Timeframe for notification
- within 7 days after the new person becomes a person with management or control of Early Learning Victoria.
Responsible
- Early Learning Victoria central office.
- of Early Learning Victoria, including any person who is responsible for the day-to-day operation of any of Early Learning Victoria’s approved child care services.
Timeframe for notification
- within 7 days after Early Learning Victoria becomes aware of the change.
Responsible
- Early Learning Victoria central office.
- Early Learning Victoria becomes aware, because of a background check, that the person has a serious 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 two years imprisonment or 40 penalty units
  - an offence involving violence or a sexual offence
  - an offence involving fraud, stealing or dishonesty
- 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.
Timeframe for notification
- within 7 days after Early Learning Victoria receives record of the change.
Responsible
- Early Learning Victoria central office.
- that reasonably indicates that the person is not likely to be a fit and proper person to be involved in the administration of Child Care Subsidy.
Timeframe for notification
- within 7 days after Early Learning Victoria becomes aware of the event or circumstance.
Responsible
- Early Learning Victoria central office.
- including when a person stops having day-to-day responsibility for the operation of any of Early Learning Victoria’s approved child care services.
Early Learning Victoria must also notify the Secretary of the Australian Department of Education of when, and the reason, the person stopped having management or control of Early Learning Victoria.
Timeframe for notification
- within 7 days after the person stops having management or control of Early Learning Victoria.
Responsible
- Early Learning Victoria central office.
- An educator obtains a childcare qualification from a registered training organisation; and
- Early Learning Victoria or person with management or control has an interest in the registered training organisation by virtue of which the provider or person owns, operates, controls or carries out the registered training organisation, and either
  - it appears that the educator has not obtained the qualification solely on their own merit
  - the qualification has otherwise been obtained in circumstances that might be perceived as demonstrating a conflict of interest.
Timeframe for notification
- within 7 days after Early Learning Victoria becomes aware of the matter.
Responsible
- Early Learning Victoria central office.
Early Learning Victoria or a person with management or control obtains an interest or is likely to obtain an interest in a business:
- which may affect their ability to comply with Family Assistance Law, where the approval may benefit the business
- where a conflict of interest might reasonably be perceived to exist.
Timeframe for notification
- within 7 days after Early Learning Victoria becomes aware of the matter.
Responsible
- Early Learning Victoria central office.
- for anyone who is required to have such a card under section 195D of the A New Tax System (Family Assistance) (Administration) Act 1999
- for example, if the card is amended, suspended or revoked.
Timeframe for notification
- within 24 hours after Early Learning Victoria becomes aware of the change of status.
Responsible
- Centre directors to notify Early Learning Victoria central office
- Early Learning Victoria to notify Australian Government.
Early Learning Victoria enters into administration, receivership, liquidation or bankruptcy
- the details of this event.
Timeframe for notification
- within 24 hours after the event.
Responsible
- Early Learning Victoria central office.
- Unexpected closure of any of Early Learning Victoria’s approved child care services due to unforeseen circumstances.
Timeframe for notification
- within 24 hours after the closure.
Responsible
- Early Learning Victoria central office.
- of a person with management or control of Early Learning Victoria (including a person who becomes responsible for the day-to-day operation of any of Early Learning Victoria’s approved child care services).
Timeframe for notification
- within 24 hours after Early Learning Victoria becomes aware of the charging, conviction or finding of guilt.
Responsible
- Early Learning Victoria central office.

4. Resources

Legislation and standards

Relevant legislation and standards include:

A New Tax System (Family Assistance) (Administration) Act 1999
Child Care Subsidy Minister’s Rules 2017
Child Care Subsidy Secretary’s Rules 2017
Family Assistance Law
Public Records Act 1973
Privacy and Data Protection Act 2014
Health Records Act 2001

Child Care Subsidy data integrity policy
Child Care Subsidy fraud and auditing policy
Child Care Subsidy governance policy
Child Care Subsidy personnel policy
Staff code of conduct policy
Handling complaints and feedback policy
Payment and collection of fees policy
Privacy policy
Records management policy.

Links and attachments

Child Care Provider Handbook (outlines Early Learning Victoria’s responsibilities as a CCS approved provider).

Definitions

Additional Child Care Subsidy (ACCS): Extra financial support for families facing specific hardships or challenges, supplementing the standard CCS to cover up to 100% of child care fees.

Child Care Subsidy (CCS): A Commonwealth payment made to approved providers, who pass it on to families as a fee reduction. Families must make a co-contribution by paying the gap fee. Providers must report fee information to the government.

Persons in day-to-day charge: responsible for decision making at a centre level (nominated supervisor).

Persons with management or control (PMC): The persons within or outside the approved provider who are responsible for managing the delivery of the provider’s service(s) or who have significant influence over the activities or delivery of the service. A PMC has the same legal responsibility for the safety, health and wellbeing of children at their service as an approved provider. A nominated supervisor, person in day-to-day charge of a service, or a person who holds other operational management roles in a service (such as a centre manager) would not meet the PMC definition. People holding these roles will only meet the PMC definition if they also participate in executive or financial decision-making or have authority or responsibility for, or significant influence over, the planning, direction or control of the activities or the delivery of the education and care service.

Education

Updated 15 August 2025