Document ID: chunk:federal_register_of_legislation:C2023C00393:clause:1_85cb
Version: federal_register_of_legislation:C2023C00393
Segment Type: clause
Provision Reference: sch 1 cl 85CB
Character Range: 25182–27732

85CB  Certification for ACCS (child wellbeing)
 (1) The approved provider of an approved child care service may, if it considers that a child is or was at risk of serious abuse or neglect on a day (an at risk day), give the Secretary a certificate to that effect.
Note: If the provider gives a certificate under this section, it must give notice to an appropriate State/Territory body in accordance with section 204K of the Family Assistance Administration Act.
 (2) The certificate must:
 (a) be given in a form and manner approved by the Secretary; and
 (b) contain the information, and be accompanied by the documents, required by the Secretary; and
 (c) 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 certificate is given); and
 (d) specify the whole weeks for which it has effect (which must be weeks that include an at risk day); and
 (e) identify the service to which, and the child to whom, it relates; and
 (f) include any other matters prescribed by the Secretary's rules.
 (3) A certificate given by an approved provider does not take effect if the certificate would have the effect that, in any period of 12 months, certificates given by the provider in relation to a particular child and a particular service would be in effect for more than 6 weeks (disregarding any days on which the provider's approval is suspended, or suspended in respect of the service).
 (4) A certificate given by an approved provider does not take effect if the certificate would have the result that, on any particular day during the first week in which the certificate takes effect, certificates given by the provider, together with any determinations made on application by the provider under section 85CE, would be in effect in relation to more than the following percentage of children for whom the service is providing care that day:
 (a) 50%;
 (b) if the Secretary's rules prescribe a different percentage and paragraph (c) does not apply—the prescribed percentage;
 (c) if the Secretary determines that it is appropriate to the circumstances of the service, and makes a written determination to that effect that applies on the day—the percentage specified in the determination.
 (5) A certificate given by an approved provider does not take effect if a circumstance prescribed by the Minister's rules exists in relation to any or all of the provider, the service or the child.
 (6) A determination made under paragraph (4)(c) is not a legislative instrument.