We undertake compliance activities to help make sure Child Care Subsidy goes to its intended beneficiaries – families. We take enforcement action against providers and services who do not comply with Family Assistance Law (FAL).
On this page:
Our approach
Our compliance approach recognises that many providers and services willingly comply with their obligations. We:
- provide information, education and resources to help providers and services understand and comply with their obligations
- engage with stakeholders and the sector to support providers and services who want to do the right thing
- regularly check providers are complying with their obligations and take compliance action when they’re not
- investigate tip-offs and reports of non-compliance.
We may ask you to provide information, documents or records that will help us administer FAL. Read more about section 158 or 67FH notices and what to do if you get one.
Compliance action
Before we take compliance action, we give the provider:
- a notice of our intended action
- opportunity to provide written submissions.
In some instances, FAL allows us to take compliance action without giving notice. For example:
- where a provider’s approval under National Law is suspended or cancelled
- when imposing additional conditions of approval.
We generally do not take action where there is an honest mistake. You can contact us if you are:
- uncertain about how to do something
- concerned you may have done something incorrectly.
Any action we take will:
- be proportionate
- consider the risk to the integrity of Child Care Subsidy
- consider the severity of the non-compliance
- consider your past behaviour or compliance history
- consider your response to any earlier non-compliance action.
Financial Integrity Strategy
Our Child Care Subsidy Financial Integrity Strategy outlines the department's approach to maintaining the integrity of the Child Care Subsidy system.
Read about our CCS Financial Integrity Strategy
Compliance video series
Watch these videos to understand your obligations under FAL.
Watch our compliance video series
What happens if you don’t comply?
We may take compliance action if you fail to meet your obligations.
Compliance action could include:
- issuing infringement notices
- imposing conditions on provider or service CCS approval
- issuing a debt
- suspending or cancelling your CCS approval
- seeking civil penalty orders
- criminal prosecutions.
Infringement notices
We can issue infringement notices, or fines, to providers that don’t follow the rules under FAL. Infringement notices help providers avoid more severe penalties. They allow a provider to pay a small fine rather than get much larger penalties.
Learn more about infringement notices
Debt notices
We may issue debt notices to providers that don’t follow the rules under FAL. If you refuse to pay a debt, we may take further action.
Suspension of approvals
We may suspend your provider approvals if you don’t comply with your obligations or following a voluntary request.
Learn more about suspension of approvals
Enforcement action register
We can take enforcement action when providers and services don’t comply with their obligations under FAL. We publish details of our enforcement action in the public interest.
Learn more about the enforcement action register
Working with other agencies
We work with other agencies to keep the system fair. This includes sharing intelligence and information, exchanging data, and engaging in joint taskforces and programs.
Learn more about our work with other agencies
Submit a tip-off
If you have information related to people or child care services or providers who are not following the rules, you can report it to us anonymously. Our CCS fraud tip-off form is anonymous and only takes a few minutes to complete.