Requirement to keep records in relation to certification for ACCS (child wellbeing)
202C Requirement to keep records in relation to certification for ACCS (child wellbeing)
If a certificate is given
If an approved provider gives the Secretary a certificate under section 85CB of the Family Assistance Act, the provider must:
no later than 6 weeks after the day the certificate takes effect, obtain and make a record of:
evidence to support the provider’s view that the child concerned is or was in need of wellbeing support; and
evidence that the provider has given an appropriate State/Territory support agency notice in accordance with section 204K; and
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
If an approved provider:
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
gives the Secretary a notice under section 67FC (child not in need of wellbeing support);
the provider must:
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 in need of wellbeing support for the period concerned; and
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
A person commits an offence of strict liability if the person contravenes subsection (1) or (2).
Penalty: 80 penalty units.
Civil penalty
A person is liable to a civil penalty if the person contravenes subsection (1) or (2).
Civil penalty: 60 penalty units.
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