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.A.13) and covers:

• circumstances where a provider applies for a determination
• determination duration
• subsequent determinations
• evidence to support determinations
• evidence that a child is 'in need of wellbeing support' (1.1.I.120).

Circumstances where a provider applies for a determination

An approved provider must have given a 6-week certificate (1.1.A.12) for the child in the last 12 months (1.1.T.51) before they may apply for a determination. This can be in the form of a single certificate covering a 6-week period or multiple certificates totalling 6-weeks together.

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
• child meets the definition of 'a child in need of wellbeing support'
• child has been given a certificate (2.8.1.30) previously for the same child service and the same approved provider for a total of 6 weeks in a 12-month period, and
• child care service has not exceeded any ACCS (child wellbeing) limit specified for that child care service.

Services Australia will assess the application and, if satisfied that the child is at risk of suffering harm and therefore in need of wellbeing support, make an ACCS (child wellbeing) determination.

Determination duration

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.

Subsequent determinations

There is no limit to the number of determinations that can be made for a child. However, a provider will need to give another certificate for the child if 12 months has passed since the original certificate commenced, before applying for further determinations.

In some cases, the evidence submitted with the initial determination will be under 6 months old and can be resubmitted on subsequent applications.

Where the evidence is older than 6 months, the approved provider, with the assistance of the family or other carer, will need to provide updated third-party evidence before submitting any new application.

Evidence relating to formal foster care arrangements, formal kinship care arrangements, and long-term protection orders or other court orders (such as, Domestic Violence Orders, Apprehended Violence Orders, and Temporary Protection Orders) are exempt from the 6-month currency requirement and may be used for the life of the document.

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.

Where possible, the evidence should state the period of time that the child is expected to be in need of wellbeing support for.

Evidence that a child is in need of wellbeing support

The evidence provided to support an application for an ACCS (child wellbeing) determination or a subsequent determination must allow Services Australia to determine if the child meets the definition of 'a child in need of wellbeing support' in the CCSMinRules, Part 2 Division 2.