Document ID: chunk:federal_register_of_legislation:C2023C00393:clause:2_202c
Version: federal_register_of_legislation:C2023C00393
Segment Type: clause
Provision Reference: sch 2 cl 202C
Character Range: 279855–281655

202C  Requirement to keep records in relation to certification for ACCS (child wellbeing)

If a certificate is given
 (1) If an approved provider gives the Secretary a certificate under section 85CB of the Family Assistance Act, the provider must:
 (a) no later than 6 weeks after the day the certificate takes effect, obtain and make a record of:
 (i) evidence to support the provider's view that the child concerned is or was at risk of serious abuse or neglect; and
 (ii) evidence that the provider has given an appropriate State/Territory body notice in accordance with section 204K; and
 (b) keep those records for at least the period of 7 years starting at the end of the financial year in which the certificate ceases to have effect.

If certificate is cancelled
 (2) If an approved provider:
 (a) cancels a certificate under section 85CC of the Family Assistance Act (whether or not the provider gives a replacement certificate within the meaning of that section); or
 (b) gives the Secretary a notice under section 67FC (child not at risk of serious abuse or neglect);
the provider must:
 (c) no later than 6 weeks after the day the provider cancels the certificate or gives the notice, obtain and make a record of evidence to support the provider's view that the child is not at risk of serious abuse or neglect for the period concerned; and
 (d) keep those records for at least the period of 7 years starting at the end of the financial year in which the provider cancelled the certificate or gave the notice.

Offence
 (3) A person commits an offence of strict liability if the person contravenes subsection (1) or (2).
Penalty: 80 penalty units.

Civil penalty
 (4) A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 60 penalty units.