Early childhood education and care providers may get a section 158 or 67FH notice if we think you have information, documents or records that will help us administer Family Assistance Law (FAL).
On this page:
What is a section 158 notice?
A section 158 notice is a legal document requiring you to provide information, documents or records to the Department of Education.
A section 158 notice is an important legal document. You should read it carefully.
What is a section 67FH notice?
A section 67FH notice is a legal document. It requires that you provide information on any aspect of care or expected care to be provided by the service.
A section 67FH notice is an important legal document. You should read it carefully.
Why did I get the notice?
FAL gives officers of the department the authority to request information, documents or records to help administer the law.
We may send you a section 158 or 67FH notice if we think you have information, documents or records that will help us. For example, we may ask for information, documents or records about:
- provider or service approvals
- aspects of care provided or expected care to be provided by the service
- entitlements to family assistance payments.
We may request information, documents or records from:
- a current or former approved child care provider or service
- an individual (for example, a family member or educator)
- organisations (for example, state regulatory authorities, law firms, registered training organisations).
The notice may also require you to give information in person.
How do I respond?
You must follow the instructions in the notice and respond within 14 days.
The notice will include the following details:
- what you need to do
- when you need to do it by
- what information, documents or records you should provide
- how to provide it
- contact details of the issuing officer.
We are unable to accept responses via external file share sites such as Dropbox and Google Drive.
Do I have to respond?
It is an offence under FAL to refuse or to fail to comply with a section 158 or 67FH notice. There may be serious legal consequences if you refuse or fail to comply with one.
We may take compliance action if you do not comply with the notice. Not complying may include:
- not responding to the notice within 14 days
- not providing the requested information or documents
- redacting documents.
Compliance actions may include:
- issuing of infringement notices
- suspension or cancellation of your provider approval
- prosecuting you.
What if I need help?
You should contact the issuing officer if you need more information or believe you are unable to comply with anything in the notice.