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.T.51 The 12 month rule (ACCS (child wellbeing))


For each child, certificates given by the approved provider (1.1.A.90) in relation to a particular approved child care service (1.1.A.90) cannot be in effect for more than 6 weeks in any 12 month period.

Where certificates have been in effect for a child for 6 weeks at a particular service, the approved provider needs to apply to Centrelink for a determination if the child is still considered 'at risk'.

Example: Cary attends Pink Donkey Child Care Centre and was given a 6-week certificate on 1 October 2018 because he was 'at risk' at the time. It is now 1 August 2019 and Cary is 'at risk' again. Cary cannot be given another certificate because he has been on a certificate for a total of 6 weeks within the last 12 months (between 2 October 2018 and 1 August 2019). The child care provider will need to apply to Centrelink for a determination for Cary.

Act reference: FAAct section 85CB Certification for ACCS (child wellbeing)

Policy reference: FA Guide ACCS (child wellbeing) - certificates, ACCS (child wellbeing) - determinations

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