Document ID: chunk:federal_register_of_legislation:F2025C00106:clause:2_44
Version: federal_register_of_legislation:F2025C00106
Segment Type: clause
Provision Reference: sch 2 cl 44
Character Range: 117521–118878

44  Additional prescribed matters for service eligibility
 (1) For subparagraph 194D(f)(vi) of the Family Assistance Administration Act, the Secretary must have regard to the following matters in relation to each FDC educator or IHC educator who provides, or is to provide, care for the service:
 (a) any act of the educator involving fraud or dishonesty;
 (b) the arrangements the educator has:
 (i) to ensure the educator complies with the family assistance law; and
 (ii) to ensure anyone the educator is responsible for managing complies with the family assistance law.
 (2) Subsection (1) does not apply in relation to an FDC educator or IHC educator who is covered by any of the following provisions of the Family Assistance Administration Act:
 (a) paragraph 194C(b), (c) or (d) (providers and persons who have or will have management and control of a child care service);
 (b) paragraph 194D(c) or (d) (persons who have or will have day‑to‑day control of a child care service).
Note: The criteria described in subsection (1) already apply to an FDC educator or IHC educator mentioned in subsection (2) as matters to be considered in determining whether he or she is a fit and proper person under section 194E of the Family Assistance Administration Act (see paragraphs 194E(1)(f) and (g)), along with additional criteria mentioned in that section.