Under section 43(3) of the Child Care Subsidy Minister’s Rules 2017, an approved provider must ensure that each person who becomes a family day care educator for one of its family day care services:

• held a current Working With Children Check immediately before commencing in that position; and
• has had a Nationally Coordinated Criminal History Checks (NCCHC) carried out no more than 60 days before commencing in that position.

If an educator subsequently becomes a family day care educator with another family day care service operated by the same approved provider, the educator must have had an NCCHC carried out no more than 12 months before commencing in that other position.

[NOTE: the 12-month provision only applies specifically where an educator moves between family day care services operated by the same approved provider. It should not be taken to mean that an NCCHC up to 12 months old will satisfy the requirements when an educator commences with a different approved provider].

Digital verification of a NCCHC

The Minister’s Rules now require more than an approved provider simply sighting an NCCHC certificate. Under section 43(4A), to satisfy the NCCHC requirement the approved provider must:

• receive digitally verifiable evidence that the NCCHC has been carried out; and
• complete the digital verification of that evidence.

Where an approved provider wishes to verify an FDCA-issued NCCHC, please Select the Verify an FDCA Check option and follow the prompts. Approved providers will need a copy of the FDCA Check Results Certificate requiring verification.

Please note: the approved provider must also be able to provide written evidence of the checks required under section 43 to the Secretary on request.

Notification of a new family day care educator

When a person becomes a family day care educator for an approved service, item 10 of section 55 of the Child Care Subsidy Minister’s Rules 2017 requires the approved provider to notify the Secretary within seven days.

The information provided must include:

• the person’s name and contact details;
• a declaration that the checks required by section 43 have been carried out as they apply to that person; and
• details of the person’s current working with children check.

Approved providers should ensure all required checks, including the NCCHC and digital verification requirements, have been completed before making this declaration.

Additional Victorian requirement

In Victoria, Regulation 359 of the Education and Care Services National Regulations also requires the approved provider of a family day care service to read and consider, or ensure that a nominated supervisor or person in day-to-day charge has read and considered, a person’s criminal history record check before engaging or registering that person as a family day care educator.

Approved services may also have additional policies and requirements relating to educator suitability and fitness and propriety. Prospective educators should check with the family day care service with which they intend to register before obtaining an NCCHC.

Section 43(2) of the Child Care Subsidy Minister’s Rules 2017 also establishes checking requirements for persons with management or control of an approved provider.

Where the person is an individual, the approved provider must ensure that the person:

• held a current working with children check immediately before commencing in the position; and
• has had an NCCHC carried out no more than 60 days before commencing in the position.

For persons with management or control who are not responsible for the day-to-day operation of a service, section 43 also requires specified insolvency and ASIC-related checks to be undertaken no more than 60 days before commencement.

Where an individual with management or control is responsible for the day-to-day operation of a service and subsequently becomes responsible for the day-to-day operation of another service operated by the provider, that person must have had an NCCHC carried out no more than 60 days before commencing in that other position.

Digital verification of a NCCHC

The digital verification requirements under section 43(4A) also apply to NCCHCs undertaken for persons with management or control.

Under section 43(4A), to satisfy the NCCHC requirement the approved provider must:

• receive digitally verifiable evidence that the NCCHC has been carried out; and
• complete the digital verification of that evidence.

Where an approved provider wishes to verify an FDCA-issued NCCHC, please Select the Verify an FDCA Check option and follow the prompts. Approved providers will need a copy of the FDCA Check Results Certificate requiring verification.

Please note: the approved provider must also be able to provide written evidence of the checks required under section 43 to the Secretary on request.

Approved providers should maintain appropriate governance processes to ensure the ongoing suitability of persons with management or control and compliance with their continuing approval obligations.

Broadly, PMCs can be executive officers; board members; company office holders; partners in a partnership; members of the body corporate; partners or members of the organisation's governing body; service directors; service managers; authorised supervisors; people from external management agencies; people in management positions; and/or anyone listed as a ‘responsible person' on behalf of a registered charity.

Under regulation 163 of the Education and Care Services National Regulations, approved providers of family day care services must ensure that a person aged 18 years or over who resides at a family day care residence is a fit and proper person to be in the company of children. They must also ensure that family day care educator assistant at a family day care residence or approved family day care venue is a fit and proper person to be in the company of children.

However, the means by which approved providers ensure that the above persons are fit and proper varies between jurisdictions. For example:

• In South Australia, Western Australia, the Northern Territory and the ACT the approved provider must consider one of the following in respect of the person:
  • a criminal history record check issued not more than 6 months before it is considered;
  • a current working with children check, working with children card or working with vulnerable people check issued on the basis of a criminal history record check;
  • a current teacher registration.
• In New South Wales or Queensland, the approved provider must consider the person's current working with children check or working with children card.
• In Victoria, the approved provider must consider the person's current working with children check or current teacher registration.
• In Tasmania, the approved provider must consider the person's current working with vulnerable people registration.

It should also be noted that regulation 169 requires that approved providers must ensure that the family day care service has in place policies and procedures in relation to the assessment of family day care educators, family day care educator assistants and persons residing at family day care residences, including the matters required under regulation 163.

Additionally, regulation 164(1) states that the approved provider of a family day care service must require each family day care educator to notify the provider of:

• any new person aged 18 years or over who resides, or intends to reside, at the educator's family day care residence; and
• any circumstance relating to a person who resides, or intends to reside, at the educator's family day care residence that may affect whether the person is a fit and proper person to be in the company of children.

Please note: Individual family day care services may have differing policies in relation to assessing fitness and propriety.