Insights Sectors: Community

May 15, 2017

INSIGHT: Amendment of service approvals – your options if you are refused

Child care services may wish to apply for an amendment to their service approval for example, to increase the number of children that can be cared for at any one time. Applications to amend service approvals must be in writing and contain prescribed information. Child care services are encouraged to submit the application online using the […]

May 15, 2017

INSIGHT: Proposed changes to National Quality Framework

Proposed changes to the National Quality Framework (NQF) have been agreed and will be introduced from October 2017. The changes include: A revised National Quality Standard to strengthen quality in education and care by reducing the number of standards and elements from 18 standards to 15, and 58 to 40 elements. Changes aimed to achieve greater […]

May 15, 2017

INSIGHT: Choosing the right business structure for your child care service

Whether you are entering into an existing child care business, intending to set up a new structure or restructuring an existing business there are a range of legal structures which may apply in your circumstances. Different legal risks and liabilities associated with each business structure may apply: Sole Trader Appropriate for sole owners who intend to […]

May 3, 2017

INSIGHT: Family Day Care Law: avoiding breaches of the National Law and Regulations

Meridian Lawyers acts for a wide range of childcare providers including family day care services who may on occasion need to respond to a complaint or regulatory investigation concerning compliance with the Education and Care Services National Law and Regulations (‘National Law’). The National Law was enacted with specific objectives including to: ensure the safety, […]

Feb 21, 2017

INSIGHT: Trends in business sales and purchases: assignment of leases

During 2016 Meridian Lawyers acted for many clients in the successful sale or purchase of a wide variety of businesses from child care businesses to dental practices, pharmacies and fitness businesses, to wineries. Where a business occupies premises under a lease, the lessor may not always be pleased to learn that their tried and trusted […]

Dec 7, 2016

INSIGHT: Are you selling a child care business?

Whether you have negotiated the sale of your child care business yourself or through a business broker, you will need a solicitor with child care experience to prepare and negotiate the contract of sale, and manage the transaction through to completion on your behalf. The legal process can be broken down into six distinct stages […]

Dec 7, 2016

INSIGHT: What to do if your service approval has been suspended or cancelled

A recent trend shows an increasing number of child care services receiving “show cause” notices under the A New Tax System (Family Assistance) (Administration) Act 1999 (the ‘Family Assistance Law’). The Department of Education and Training (DET) undertakes detailed investigations of claims made by services through the Child Care Management System (CCMS), and cross checks […]

Jun 15, 2016

INSIGHT: Tackling tardiness

Do you have an employee who is regularly late for work?  A one-off is excusable but how should you deal with an employee who is habitually late? A child care centre is a business that depends on the reliability of its employees.  Strict ratios must be maintained at all times and having unreliable employees can […]

May 18, 2016

INSIGHT: Doing the right thing: complying with Family Assistance Law for family day care

In December 2015, the Australian Federal Police reported the arrest of six people and restraint of assets worth $1.1 million in connection with alleged fraudulent conduct by family day care providers. Family day care operators who are approved for the purposes of child care benefit and child care rebate (‘CCB Approval’) are subject to regulation […]

Nov 18, 2015

INSIGHT: Foresights: Public liability

Risky recreation: Nevena Brown, Principal at Meridian Lawyers, tells us how this NSW Court of Appeal case impacts on reliance on the Civil Liability Act NSW, which will assist with claims management regarding recreational activities. Case: Alameddine v Glenworth Valley Horse Riding Pty Limited [2015] NSW CA 219

May 3, 2014

INSIGHT: The cost of doing business: an open and shut case for a child care centre

A case with a fortunate outcome highlights the need for child care operators to be vigilant in actioning issues identified for maintenance, which potentially impact on safety. This case also confirms the importance of clear and open communication. The facts In this case a parent inadvertently left an entrance gate open at a child care […]

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