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.

2.8.1.60 ACCS (child wellbeing) - giving notice

Summary

This topic describes circumstances in which an approved provider (1.1.A.90) is required to give notice to an appropriate state or territory support agency (1.1.A.75) in relation to a child in need of wellbeing support (1.1.I.120). This is also known as making a child wellbeing referral.

Giving notice

The approved provider must meet the ‘giving notice’ requirement (1.1.G.13) when they give a certificate (1.1.A.12) or apply for the initial determination (1.1.A.13) for a child. The provider only needs to give notice once in relation to a child.

This means that an approved provider must give notice to an appropriate state or territory support agency in relation to the child:

  • within 6 weeks from an ACCS (child wellbeing) certificate coming into effect
  • on the date an ACCS (child wellbeing) certificate comes into effect if it was backdated more than 28 days, or
  • before applying to Centrelink for an ACCS (child wellbeing) determination.

An appropriate support agency is:

  • a state or territory department or agency that deals with matters relating to child welfare, or
  • an organisation that deals with such matters on behalf of a department or agency with an agreement between the department or agency and the organisation.

Organisations which deal with such matters on behalf of a state or territory department or agency can include, but are not limited to, the following:

  • child safety or protection agencies
  • parenting assistance, including Family Support Programs
  • child and maternal health services, including antenatal and postnatal services
  • drug or alcohol or substance abuse services
  • domestic violence, survivor of sexual assault, or other similar support services (including state or territory police)
  • Aboriginal and Torres Strait Islander health and support services, and
  • homelessness, crisis or public housing services.

The provider should choose an appropriate state or territory body that is relevant to the family’s circumstances. For example, a vulnerable family experiencing complex challenges that can lead to the child entering the statutory child protection system could report to a Family Preservation Service. Similarly, a family unable to provide the basic physical needs for a child due to homelessness may benefit from a referral to an organisation responsible for public housing services.

The approved provider does not need to give notice if:

  • they already gave notice to an appropriate state or territory support agency in relation to the child less than 6 weeks ago, or
  • they were advised by an appropriate state or territory agency the child was in need of wellbeing support.

The approved provider does not need to remain in contact with the relevant state or territory support agency once they have made the referral.

Giving notice to an appropriate state or territory support agency is a requirement under Family Assistance Law. It does not remove any other mandatory reporting obligations required by the approved provider's state or territory government.

Act reference: FA(Admin)Act section 204K Notice to appropriate State/Territory support agency of child at in need of wellbeing support

Policy reference: FA Guide 2.8.1.30 ACCS (child wellbeing) - certificates, 2.8.1.40 ACCS (child wellbeing) - determinations

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