1.1.T.51 The 12 month rule (ACCS (child wellbeing))
Definition
An approved provider (1.1.A.90) cannot give more than 6 weeks of ACCS (child wellbeing) certificates (1.1.C.15) for a child at a particular approved child care service in a 12-month period. The 12-month period starts from the date the approved provider submits the initial certificate.
Once the 6 weeks of certificate/s have been used for a child at a particular service, the approved provider needs to apply to Services Australia for a determination (1.1.D.78) if the child is still considered ‘at risk’ (1.1.A.110).
The approved provider will need to use a new 6 weeks of certificate/s in every 12-month period before continuing to apply for determinations, if the child is still attending the service and continues to be at risk.
Example: Cary attends Pink Donkey Child Care Centre for a few months and was given a 6-week certificate on 3 October 2022 because he was at risk at the time. It is now 31 July 2023 and Cary has returned to Pink Donkey Child Care Centre and is considered at risk again. Cary cannot be given another certificate at this service because the service has already used the 6 weeks of certificate within the last 12 months. Instead, the approved provider will need to apply to Services Australia for a determination for Cary.
Example: Jackie also attends Pink Donkey Child Care Centre and was given a 6-week certificate on 19 December 2022 because she was at risk at the time. Following the end of the certificate, Jackie remained at the service and continued to be considered at risk. The approved provider applied for subsequent determinations over the year. It is now 29 January 2024, which is more than 12 months since the original 6-week certificate. Before they can apply for any further determinations, the approved provider must give another 6-week certificate for Jackie.