Family Assistance Legislation Amendment (Building on the Child Care Package) Act 2019 (125 of 2019)

Schedule 1   Amendments relating to child care subsidies

Part 1   Amendments commencing at the start of the first CCS fortnight after Royal Assent

A New Tax System (Family Assistance) (Administration) Act 1999

81   Section 204K

Repeal the section, substitute:

204K Notice to appropriate State/Territory support agency of child at risk of serious abuse or neglect

Certification 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 6 weeks after the day the certificate takes effect, give an appropriate State/Territory support agency notice that the provider considers the child to whom the certificate relates is or was at risk of serious abuse or neglect.

(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).

Penalty: 60 penalty units.

Civil penalty

(6) A person is liable to a civil penalty if the person contravenes subsection (1) or (3).

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.