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 body (1.1.A.75) in relation to a child 'at risk' (1.1.A.110). 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.C.15) or apply for the initial determination (1.1.D.78) 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 body 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 body 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.

The provider should choose an appropriate state or territory body that is relevant to the family’s circumstances. For example, a family experiencing 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 body in relation to the child less than 6 weeks ago, or
  • they were advised of the risk to the child by an appropriate state or territory agency.

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

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

Act reference: FA(Admin)Act section 204K Notice to appropriate State/Territory support agency of child at risk of serious abuse or neglect

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

Last reviewed: