The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.D.78 Determination (ACCS (child wellbeing))


An ACCS (child wellbeing) determination is a process by which Services Australia, on application by an approved provider (1.1.A.90), considers that a child is/was at risk (1.1.A.110) of serious abuse or neglect at the time the care is/was provided.

Typically, an approved provider can apply for a determination of up to 13 weeks at a time. However, they can apply for a determination of up to 52 weeks if they have evidence that the child is:

  • in formal foster care
  • in a formal kinship care arrangement
  • on a long term protection order.

A determination is made for full weeks and must start on a Monday and end on a Sunday. Every week the determination is in effect for, needs to include at least one day where a child meets the definition of 'at risk of serious abuse or neglect'. Generally, determinations can be backdated up to 28 days before the application was made. Backdating can only be longer than this in exceptional circumstances. In these cases, determinations can be backdated up to 13 weeks (

The approved provider must submit third-party evidence to demonstrate the child meets the definition of ‘at risk of serious abuse or neglect.

A determination is valid at any approved child care service of any approved provider and irrespective of the individual with whom the child resides (as long as that individual is CCS eligible).

Example: Abbie’s parents have a shared care arrangement, and both parents have an active CCS claim. On Mondays and Tuesdays Abbie attends Little Lions Child Care on an enrolment under one parent’s details, and on Thursdays and Fridays she attends High Street Care on an enrolment under her other parent’s details. Little Lions Child Care submits an ACCS determination for Abbie, and once approved, it applies to her sessions at both Little Lions Child Care and High Street Care. Because there is an approved determination in place at Little Lions, High Street Care does not need to apply for any additional determinations for that same period.

If a child remains at risk after the determination ends, the approved provider may apply for further determinations for the child. The approved provider may need to provide additional evidence before a subsequent determination can be made. A provider will need to give another certificate for the child if 12 months (1.1.T.51) has passed since the original certificate commenced, before applying for further determinations.

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

Policy reference: FA Guide ACCS (child wellbeing) - determinations, ACCS (child wellbeing) - backdating in exceptional circumstances

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