Early Learning Victoria will ensure that all relevant personnel are fit and proper to handle the receipt and processing of Child Care Subsidy (CCS) and Additional Child Care Subsidy (ACCS) payments.
1. Scope
This policy applies to the approved provider, nominated supervisor, all staff involved in administering CCS, and management of Early Learning Victoria centres.
2. Policy statement
In accordance with Family Assistance Law, Early Learning Victoria will ensure that all relevant personnel and decision-makers meet the fit and proper requirements. Evidence of these checks will be maintained for all individuals involved in the administration and distribution of the Child Care Subsidy (CCS) and Additional Child Care Subsidy (ACCS) to families. A written record of these checks, along with supporting evidence for the applications, will be available upon request.
All staff involved in the administration of CCS will complete mandatory training on the Kidsoft system and will undertake additional training whenever there are changes to procedures, software updates, or regulatory requirements.
2.1 Requirements
Persons with management or control (PMCs)
PMCs participate in the decision-making or management of Early Learning Victoria, these include:
- a member of the group of persons responsible for the executive decisions of Early Learning Victoria
- a person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of Early Learning Victoria.
Under Family Assistance Law, Early Learning Victoria will ensure that:
- all PMCs comply with the fit and proper requirements
- evidence of completed fit and proper checks for all personnel involved in administering the receipt and distribution of CCS and ACCS to families can be provided at any time.
PMCs within Early Learning Victoria are required to undertake the following checks as part of their Provider Digital Access (PRODA) registration to administer CCS:
- a copy of the results of a Bankruptcy register search conducted through the Australian Financial Security Authority website, no more than three months old
- a copy of the results of an Australian national police criminal history check obtained from the Victorian police service or an agency accredited by the Australian Criminal Intelligence Commission, no more than six months before the date of the application
- a current and historical personal name extract obtained through the Australian Securities and Investments Commission website, no more than three months old
- evidence that the person does not appear on the banned and disqualified register held by the Australian Securities and Investments Commission (in the form of a computer printout of the results of the search), no more than three months old.
Persons in day-to-day charge
Centre directors act as the person in day-to-day charge in Early Learning Victoria centres. The person in day-to-day charge participates in the decision-making and daily operations at the centre. A person responsible at the centre has similar obligations to a PMC, but at the centre level. A person in day-to-day charge must provide written authorisation to act in the role prior to beginning.
Early Learning Victoria will require the persons in day-to-day charge (and all Early Learning Victoria employees) undertake the following checks:
- a National Police Certificate from the Victorian police service (or an agency accredited by the Australian Criminal Intelligence Commission) no more than six months before the date of the application
- a valid and current employee Working with Children Check (WWCC) or Victorian Institute of Teaching (VIT) registration with the Early Learning Victoria centre registered as their current place of employment.
Determining whether a person is fit and proper
Early Learning Victoria will ensure that any staff members registered in PRODA as PMCs or persons responsible for the day-to-day operation of a centre remain fit and proper. This will be monitored within Early Learning Victoria central office. Evidence of these checks will be maintained for at least 7 years (see the CCS notifications and records policy).
Early Learning Victoria will adhere to Family Assistance Law when determining if a person is deemed fit and proper to be involved in the administration of CCS. Matters involving fraud, dishonesty, financial management, compliance with the law and administration of funds are all considerations, including:
- Evidence of activity that does not comply with criminal or civil law, including (but not limited to) activity related to children or indicating dishonesty or violence
- Court proceedings and convictions or findings of guilt, including (but not limited to) activity related to children or indicating dishonesty or violence
- Any past administrative decisions relating to a person's suitability to be involved in early childhood education and care
- Evidence of fraud or dishonesty
- The person's history of managing public funds; and any past or current debts to the commonwealth
- Arrangements in place to ensure that the person complies with the Family Assistance Law
- Arrangements in place to ensure that any person managed by key personnel comply with Family Assistance Law
- The person's record of financial management, including any instances of bankruptcy, insolvency or external administration
- Any potential conflicts of interest between managing or delivering the early childhood education and care service and other business or financial interests of the person.
Service contacts
A service contact is a person who is authorised to discuss family entitlements and transaction processing results with the Australian Department of Education. They are responsible for updating the CCS with non-financial contact details, such as addresses and phone numbers, but are not authorised to report other changes regarding the centre’s information. They will be designated by the approved provider, with assistance from the person in day-to-day charge of each centre.
3. Actions and procedures
3.1 Responsibilities of staff
4. Resources
Legislation and standards
Relevant legislation and standards include:
- A New Tax System (Family Assistance) Act 1999
- A New Tax System (Family Assistance) (Administration) Act 1999
- Child Care Subsidy Minister’s Rules 2017
- Child Care Subsidy Secretary’s Rules 2017
- Education and Care Services National Law Act 2010
- Education and Care Services National Regulations 2011
- Family Law Act 1975
Related policies
- CCS data integrity policy
- CCS notifications and records policy
- CCS governance policy
- CCS fraud prevention and auditing policy
- Staff code of conduct policy
- Handling complaints and feedback policy
- Payment and collection of fees policy
Links
- 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 with management or control (PMCs): 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.
Provider Digital Access (PRODA): An online identity verification and authentication system that lets you securely access a range of government online services for providers.
Service contact: A person who is authorised to discuss family entitlements and transaction processing results with the Australian Department of Education.
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