Document ID: chunk:federal_register_of_legislation:C2023C00393:clause:1_85ce
Version: federal_register_of_legislation:C2023C00393
Segment Type: clause
Provision Reference: sch 1 cl 85CE
Character Range: 30081–32561

85CE  Determination for ACCS (child wellbeing)
 (1) An approved provider may apply to the Secretary for a determination under this section if the provider:
 (a) considers that a child is or was at risk of serious abuse or neglect at the time an approved child care service of the provider provides or provided a session of care to the child; and
 (b) is unable to give a certificate because of subsection 85CB(3) or (4).
Note: Before making the application, the provider must give notice to an appropriate State/Territory body in accordance with section 204K of the Family Assistance Administration Act.
 (2) The application must:
 (a) be made in a form and manner approved by the Secretary; and
 (b) contain the information, and be accompanied by the documents, required by the Secretary.
 (3) The Secretary must, no later than 28 days after the day the application is made:
 (a) if satisfied that the child is or was at risk of serious abuse or neglect on a day (an at risk day)—make a written determination to that effect; and
 (b) otherwise—refuse the application.
Note: Persons whose interests are affected by the decision must be notified of the decision and of their right to have it reviewed (see section 27A of the AAT Act).
 (4) If the Secretary neither makes a determination nor refuses the application by the end of the 28 days after the day the application was made, the Secretary is taken at that time to have refused the application. Subsection 27A(1) of the AAT Act does not apply to such a refusal.
Note: This means the Secretary is not required to give notice of the refusal.
 (5) A determination made under this section must:
 (a) specify the day it takes effect, which must be the Monday of a week that includes an at risk day and cannot be more than 28 days before the application was made; and
 (b) specify the whole weeks for which it has effect, which:
 (i) must be weeks that include an at risk day; and
 (ii) cannot exceed 13 weeks; and
 (c) identify the child to whom it relates.
 (6) If:
 (a) a determination made under this section is in effect in relation to a child; and
 (b) the Secretary is satisfied that the child will still be at risk of serious abuse or neglect after the determination ceases to have effect;
the Secretary may make a written determination accordingly to take effect on the Monday immediately after the earlier determination ceases to have effect.
 (7) A determination made under this section is not a legislative instrument.