CCS Personnel Policy

Scope

This policy applies to the approved provider, nominated supervisor, management, staff, and educators of the School.

Audience

This policy is designed for all personnel involved in the administration of the Child Care Subsidy, including external contractors.

CCS Personnel Policy

An approved provider under Family Assistance Law is responsible for fulfilling obligations under both Commonwealth and state and territory laws. This includes ensuring that the child care provider and relevant personnel are fit and proper persons to manage the receipt and distribution of Child Care Subsidy payments. (Child Care Provider Handbook)

National Quality Standard (NQS)

Education and Care Services National Regulations

Related Policies

• CCS Payment of Fees & Account Policy
• CCS Date Security, Governance, & Cyber Safety Policy
• Fraud Prevention Policy
• Privacy and Confidentiality Policy
• Child Care Subsidy (CCS) Governance Policy General - The Akidamy School of Early Learning
• Privacy and Confidential Procedure
• Professional Development Policy
• Recruitment Policy
• Record-Keeping and Retention Policy

Related Legislation

• 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). (Amended 2023)
• Family Law Act 1975
• Family Assistance Law – Incorporating all related legislation as identified within the Child Care Provider Handbook

education.gov.au/early-childhood/resources/chi...

Purpose

Our School aims to comply with the Child Care Subsidy legislation and supporting policy provisions in relation to key personnel roles involved in administering Australian Government child care fee assistance to eligible families. As a condition of ongoing CCS approval, our School will ensure personnel details are supplied to the Department of Education about each of the individuals in these roles and provide notification of any changes within the specified timeframe.

Personnel

Personnel permitted to undertake related actions through the Child Care Subsidy System need to be identified as personnel as described below. Our School will ensure persons of management or control and persons of responsibility for day-to-day operations are fit and proper and have the appropriate PRODA registration in line with our CCS approval. The School will ensure all persons with management or control or persons with responsibility for day-to-day operations will be identified during the school application.

Persons with Management or Control of the Provider

These are people who participate directly or indirectly in the decision-making or management of the provider (the legal entity) that operates the child care service. Depending on the structure of the organisation and involvement of the individual, this may include executive officers, board members, officers of the body corporate, partners, or members of the organisation's governing body and persons in management positions.

• A member of the group of persons responsible for the executive decision of the provider
• A person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the provider
• A person responsible for the day-to-day operations of the provider (whether or not the person is employed by the provider)
• A person responsible for the day-to-day operation of a child care service, for which the provider is approved or seeking approval (whether or not the person is employed by the provider)

Provider Personnel may complete the following actions in relation to the Child Care Subsidy System (subject to their authority and capacity to do so within the provider's organisation):

• Change bank account details and other information regarding the child care service
• Add and remove other persons, such as those responsible for the day-to-day operation of the School, from the Child Care Subsidy System
• Authorize data submission transactions to the Child Care Subsidy System
• Notify the Department of Education of the cessation of operations
• Apply to add or remove a service

Persons Responsible for the Day-to-Day Operation of the Service

These are persons nominated by a person with management or control of the provider to be responsible for the day-to-day operation of the School. When nominated to do so by the persons with management or control of the provider, they may:

• Add and remove persons responsible for the day-to-day operation of the service and service contacts
• Authorize data submission transactions to the Child Care Subsidy System
• Notify the Department of Education of changes regarding the service for which they are responsible, excluding bank account details and cessation of operations

Service Contacts

These are people nominated by the persons with management and control of the provider or responsible for day-to-day operation of the service who are authorized to discuss family entitlements and transaction processing results with the Department of Education. They can notify the Department of Education of non-financial contact details, including addresses and phone numbers, but they cannot notify the Department of Education about any other changes to information about a service.

Provider and Service Personnel Required Checks

Under Family Assistance Law, the provider will ensure that:

• All relevant key personnel and decision-makers meet fit and proper requirements
• Evidence can be provided that the necessary fit and proper checks have been undertaken for all personnel involved in the administration of receiving and passing on of the Child Care Subsidy and the Additional Child Care Subsidy to families
• A written record of these checks, including the evidence provided in support of the applications, is able to be provided at any time if requested

Provider Personnel

Persons with Management or Control of the Provider will undergo the following relevant checks as part of their PRODA registration to administer CCS on behalf of the School:

• A copy of the results of a Bankruptcy Register Search conducted through the Australian Financial Security Authority website, no more than three (3) months old
• A copy of the results of an Australian National Police Criminal History Check obtained from the relevant state or territory police service or an agency accredited by the Australian Criminal Intelligence Commission, no more than six (6) 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 (3) 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 (3) months old

Service Personnel

Persons Responsible for the day-to-day operation of a Service will undergo the following relevant fit and proper checks:

• A copy of the results of an Australian National Police Criminal History Check obtained from the relevant state or territory police service or an agency accredited by the Australian Criminal Intelligence Commission, no more than six (6) months before the date of the application
• Details of the working with children cards required to be held under state or territory regulation

Source: CCS Provider Handbook education.gov.au/early-childhood/resources/chi...

Determining whether a person is fit and proper

Our School will adhere to Family Assistance Law to determine if a person is deemed fit and proper to be involved in the administration of the Child Care Subsidy. Matters involving fraud, dishonesty, financial management, compliance with the law, and administration of funds are all relevant considerations:

• 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 child 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 child care service and other business or financial interests of the person
• Any other matter relevant to the suitability of the provider and their staff

Review of Personnel to Continue to be Fit and Proper

Our School will ensure personnel registered with PRODA as Persons with Management or Control of the Provider or Persons Responsible for the Day-to-Day Operation of a Service remain fit and proper as per the Child Care Subsidy Handbook. The provider will notify the Department of Education within 7 days if they are aware:

• That a person:
  1. Has a conviction or finding of guilt for any of the following offences under a law of Australia or of a foreign country:
     1. An indictable offence punishable by a maximum of 2 years imprisonment or 40 penalty units
     2. An offence involving violence, or a sexual offence
     3. An offence involving fraud, stealing or dishonesty
• Is an undischarged bankrupt
• 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
• That the provider or person with management or control of the provider obtains, or is likely to obtain, an interest with a Registered Training Organisation or other child care related business enterprise

The provider will notify the Department of Education within 24 hours if they are aware:

• Of a change in the status of a Working with Children Check/Card for each individual who is required to have such a card under section 195D of the Family Assistance Administration Act within 24 hours after the provider becomes aware of the change of status
• The provider enters into administration, receivership, liquidation or bankruptcy
• Of a serious conviction or finding of guilt of:
  1. A person with management or control of the provider or a person responsible for the day-to-day operation of any of the provider's child care services
  2. Another educator, at any of their services

The provider will notify the Department of Education with information about any new person within seven days of the new person becoming a person with management or control of the provider (including any person who becomes responsible for the day-to-day operation of any of the approved provider’s approved childcare services). Information must declare that the provider has undertaken all background checks required for the new person, including details of the new person’s working with children card.

The provider will notify the Department of Education within seven days after the person stops having management or control of the provider (including when a person stops having day-to-day responsibility for the operation of any of the provider’s approved childcare services) and when, and the reason, the person stopped having management or control of the provider. All notifications will be made through [enter childcare software] or PRODA or the Provider Entry Point. Notifications may also be made directly to the Department of Education either by phone or email. Checks will be made to ensure the software is updating the required information and notifications.

Continuous Improvement/Reflection

Our CCS Personnel Policy will be updated and reviewed annually in consultation with families, staff, educators, and management.

Sources