Changes to Family Assistance Law from 10 October 2016

10 October 2016

The Australian Government is bringing forward measures to strengthen the integrity of the child care payments Compliance Framework to ensure the delivery of high quality, flexible and affordable child care to families.

What are the changes?

The changes commence from 10 October 2016 and will ensure:

Change One

Child care fee assistance is not payable for:

  • care where there is not a genuine liability to pay fees
  • care that is predominantly transport
  • Family Day Care provided in the child’s own home, or where the parent is present
  • Family Day Care or In-Home Care provided by a parent or sibling.

Change Two

A minimum benchmark for existing notifiable events obligations is established, and these are extended to key personnel. Services must notify the department where they become aware that a key personnel, staff member, Family Day Care educator or In-Home Care educator:

  • is charged with or found guilty of a serious indictable offence
  • becomes bankrupt
  • has their working with children check (WWCC) refused, amended or cancelled.

Change Three

New suitability criteria applies to relevant people, including applicants for service approval, approved services and particular individuals associated with them.

Where can I find more information on the changes?

The Department of Education and Training has released a range of information material further explaining each of the changes. These include:

  • Overview Fact Sheet
  • Ineligible care and ineligible children Fact Sheet
  • Notifiable events Fact Sheet
  • Suitability Fact Sheet
  • Information for families Fact Sheet
  • General guidance for suitability under Family Assistance Law

These are available at

If you have any queries about these new legislative requirements, please email:

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