Family Day Care Service – Suspension/Cancellation of Provider Approval

Are you a family day care provider and have been hit with a Notice of Cancellation of Provider Approval, or a Notice of Intention to Sanction by the Department of Education and Training?

We understand the devastating effect this can have on your business.

You might have rights and we can help.

Kalus Kenny Intelex has been successful in applying to the Federal Court of Australia for our family day care client to continue to operate its business as normal whilst the Department conducts its internal review of the decision to cancel our client’s provider approval. A link to the decision of Justice Wheelahan can be found here:
http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2018/2018fca1640

Since July 2017 the Department of Education & Training has shut down 151 Family Day Care Providers by cancelling their “Provider Approvals’ due to alleged “non-compliances” with child care Laws.

The Department has shut down providers, who have previously been measured as exceeding National Quality Standards and who have never been the subject of any compliance concerns previously. This means that tens of thousands of children have been left without day care causing huge stresses for parents who have been unable to enrol their children in affordable day care. It has also resulted in the loss of employment for thousands of carers, known as educators, who are also often from refugee or migrant backgrounds.

If the Department has cancelled your Provider Approval you could have rights. As an Approved Provider you have an automatic right to seek an internal review of the cancellation decision by the Department (which must be made within 14 days). There is no timeframe for the completion of this internal review, and we’ve been informed that the Department could take months, even years to conduct its internal review. If your Provider Approval remains cancelled during the the internal review, this could have a devastating effect on your business. We might be able to apply to the Court on your behalf for you to continue operating your business whilst the internal review takes place.

Please call Vanessa Munnecke on (03) 8825 4800 for more information.