2.8.1.40 ACCS (child wellbeing) - Determinations

Summary

This topic describes the circumstances in which an approved provider (1.1.A.90) can apply for a determination (1.1.D.78) and covers:

  • circumstances where a provider applies for a determination,
  • subsequent determinations,
  • evidence to support determinations,
  • evidence that a child is 'at risk' (1.1.A.110).

Circumstances where a provider applies for a determination

An approved provider may only apply for a determination to be made where giving a certificate (1.1.C.15) is prohibited either through the 50% rule (1.1.T.52) or the 12 months rule (1.1.T.51). In most cases, where a child is at risk for some time, first a certificate will be given by the provider and then a determination/s will be made by Centrelink for as long as the child remains 'at risk'.

When the approved provider has decided to apply for a determination, they can only do so when:

  • the individual or the approved provider meet the ACCS (child wellbeing) eligibility requirements in relation to a child, and
  • the child meets the definition of 'at risk' of serious abuse or neglect', and
  • the child has been given a certificate previously for the same child service (1.1.A.90) and the same approved provider for a total of 6 weeks in a 12-month period, or
  • the child care service has exceeded its 50% limit (or other percentage specified for that child care service).

Centrelink will assess the application and, if satisfied that the child is 'at risk', make an ACCS (child wellbeing) determination.

Act reference: FAAct section 85CE Determination for ACCS (child wellbeing)

Subsequent determinations

Centrelink can make subsequent determinations without the approved provider needing to reapply for further determinations.

Twenty-eight days prior to a determination expiring, the approved provider will be asked to confirm if they have formed the view that the child continues to be 'at risk'. The approved provider, with the assistance of the family or other carer, will need to provide current third party evidence before the current determination expires to enable Centrelink to make a subsequent determination while the current determination is still in effect.

There is no limit to the number of determinations that can be made for a child.

When a subsequent determination has not been made before a determination has expired, the approved provider will need to submit a new application for an ACCS (child wellbeing) determination. The provider may also need to give notice (1.1.G.13) again.

Act reference: FAAct section 85CE Determination for ACCS (child wellbeing)

Policy reference: FA Guide 2.8.1.60 ACCS (child wellbeing) - Giving Notice

Evidence to support determinations

Third-party evidence must be provided as part of an application for an ACCS (child wellbeing) determination and to support subsequent determinations.

A statutory declaration from the approved provider is acceptable to support the initial determination but only where third party evidence is not available.

Evidence should not be older than 6 months and must be in writing.

Any evidence provided must clearly identify the child it relates to; the name and contact details of the organisation giving that evidence and the date the evidence was given. Where appropriate for the type of evidence, it must include the first and last name of the person giving the evidence; the person's title and/or position in the organisation and be signed by the author.

Where the evidence is a case plan or similar, only relevant parts need to be provided.

Example: Patrick's family is engaging with a case worker to help them with resolving family violence (1.1.F.15) issues. The case worker has drawn up a case plan that outlines the background and a strategy help the family. The approved provider uploads the cover page identifying the child and the page outlining the impact the family situation is having on Patrick. The impact described can be clearly linked to Patrick being at risk of abuse.

Where possible, the evidence should state the period of time that the child is expected to be at risk for.

Act reference: FAAct section 85CE Determination for ACCS (child wellbeing)

Evidence that a child is 'at risk'

The evidence provided to support an application for an ACCS (child wellbeing) determination or a subsequent determination must allow Centrelink to determine if the child meets the definition of 'at risk of serious abuse or neglect' in the CCSMinRules, Part 2 Division 2.

Act reference: FAAct section 85CE Determination for ACCS (child wellbeing)

CCSMinRules Part 2 Division 2 When children are at risk of serious abuse or neglect for ACCS (child wellbeing)

Policy reference: FA Guide 2.8.1.20 ACCS (child wellbeing) - Where a Child is At Risk of Serious Abuse or Neglect

Last reviewed: 2 July 2018