Childcare Fees Dispute? How to Get Your Money Back From a Childcare Centre (Australia 2026)

Last updated 27 October 2026 · Reviewed by the Claim Done team · Not legal advice

Can you get your money back from a childcare centre?

Childcare money disputes are mostly about the enrolment agreement you signed and the fees charged under it. Some rules protect you no matter what the agreement says:

• 14 days’ notice of fee changes. Under the Education and Care Services National Regulations, the provider “must ensure that parents of children enrolled at the service are notified at least 14 days before making any change that will affect the fees charged or the way in which fees are collected” (reg 172(2)).
• A written fees policy and a statement of fees. Every service must have policies and procedures on “payment of fees and provision of a statement of fees” (reg 168(2)(n)) and on dealing with complaints (reg 168(2)(o)).
• The subsidy is yours. If you get the Child Care Subsidy (CCS), the provider receives it to pass on to you “as a fee reduction”, and must do so within 14 days of receiving it. It must also give you a statement of entitlement every fortnight showing the sessions, absences, subsidy, amount withheld and fee charged.
• Consumer law. The care itself is a service that must be provided with due care and skill (s 60) and within a reasonable time (s 62). Terms that try to exclude those guarantees are void (s 64), and an unfair term in a standard form contract can be void (ss 23-28).

Some charges that feel unfair are lawful if your agreement allows them and you were told. The most important one: the CCS is generally not paid for days after your child’s last day of physical attendance, so Services Australia says “You’ll need to pay full fees for these days”. A notice period after you leave is therefore often charged at the full fee. Read your enrolment agreement before you dispute a notice-period bill; your claim is strongest where the agreement did not say it, the notice period was not disclosed, or the fee charged is higher than the agreement allows.

What a centre cannot do. It cannot raise fees without 14 days’ notice. It cannot keep CCS that should have reduced your fee. It cannot record sessions of care or absences that did not happen. It cannot rely on a term that removes your consumer guarantee rights. And it cannot simply ignore a written complaint: it must have a complaints policy and display the name and number of the person who handles complaints, plus the regulator’s contact details (reg 173).

The most common childcare money problems

1. Fees for the notice period after you left

Centres often require two or four weeks’ notice. Check what your agreement says and when you gave notice. If you gave proper notice and were charged for longer, or the period was never disclosed, ask for the extra back.

2. A fee increase with less than 14 days’ notice

If the new rate applied before 14 days had passed since you were told, ask for the difference for that period. This is a clear breach of reg 172(2).

3. Bond, deposit or enrolment fee not refunded

Whether a bond or deposit is refundable depends on the agreement. If it says the bond is returned when you leave with fees paid, it must be returned. If a place was never actually provided, ask for any deposit back.

4. Subsidy not passed on, or statements that do not add up

Compare each statement of entitlement with your invoice. If the CCS shown was not taken off your fee, ask for a credit or refund.

5. Charged for days that were not booked or not provided

Sessions reported that did not occur, or absences you did not take, are both on the Department of Education’s list of things to report.

6. Absence and holiday charges

You get up to 42 allowable absence days per child each financial year with CCS, and more for reasons such as illness with evidence. Absences are still charged; the question is whether the subsidy applies and whether the fee is the one you agreed.

7. The centre closed or cancelled your place

If you prepaid fees or paid a deposit and the centre closed or cancelled your booking, ask for the unused fees and the deposit back: you paid for care that was not provided.

8. Poor or unsafe care

Safety and quality issues go to the state regulator. If a failure of care also cost you money, for example you withdrew your child and paid for care you could not use, you can claim it.

9. A Child Care Subsidy debt

Debts raised by Services Australia are a separate process with its own review rights (see below). If the debt came from the centre’s wrong reporting, raise that with the centre too.

Who regulates childcare, and who handles fee disputes

Childcare is regulated by a state or territory regulatory authority under the National Quality Framework, while the Child Care Subsidy is run by the Australian Government. Most state regulators focus on children’s safety and quality, not money. Know who to go to:

The pattern is clear. A breach of the National Law fee rules (no fees policy, no statement of fees, less than 14 days’ notice of a change) is something the regulator can look at, as Queensland says expressly. A dispute over how much you owe under your contract is a consumer matter for the service, your state’s Fair Trading or Consumer Affairs office and, if needed, a tribunal.

Child Care Subsidy: problems and debts

• Subsidy not passed on or wrongly reported: raise it with the provider first. You can make a complaint about CCS payments and policy to the Australian Government Department of Education, and report suspected fraud (false absences, sessions that did not happen, cash payments, waived gap fees) through its anonymous CCS fraud tip-off form.
• A CCS decision or debt you disagree with: you can apply to Services Australia for a formal review of most CCS decisions “within 90 days from the date we tell you about the decision”. The limit can be extended in special circumstances, and you can ask for debt repayments to be paused during the review.
• Your hours: since 5 January 2026, under the 3 Day Guarantee, all CCS-eligible families get at least 72 hours of subsidised care a fortnight, regardless of activity. If a centre told you otherwise, check with Services Australia.

What you can claim

• Overcharged fees: the difference between what you were charged and what the agreement allowed.
• Increases without notice: the extra charged for the period before 14 days’ notice had run.
• Subsidy not passed on: the CCS amount that should have reduced your fee.
• Bonds and deposits that the agreement says are refundable, or that were taken for a place never provided.
• Prepaid fees for care that was not provided because the centre closed or cancelled.
• Losses from a failure of care, such as fees you had to keep paying for care you could not safely use.

Worked example (round numbers, for illustration only). Your child attends 3 days a week. On a Friday the centre emails that the daily fee rises by $15 from Monday, 3 days later. You give 2 weeks’ notice and leave a month later, and the centre keeps your $500 bond, saying the agreement allows it to cover “administration”. Your agreement says the bond is refunded when the account is clear, and it is. A reasonable claim is $590: $90 for the increase charged in the first 2 weeks before 14 days’ notice had passed (3 days x 2 weeks x $15), plus the $500 bond.

Evidence to gather

1. Your signed enrolment agreement and any fee schedule or “terms and conditions”.
2. The service’s fees policy (ask for a copy; it must have one).
3. Every invoice and every fortnightly statement of entitlement.
4. Your CCS records from myGov (the Child Care Subsidy section).
5. Any email, app message or notice about a fee change, with its date.
6. Your written notice of withdrawal and the date it was sent.
7. Bank statements showing payments, including the bond or deposit.
8. Your attendance records: sign-in history from the centre’s app, and your own diary of days attended.
9. For care concerns: incident reports, photos, and any messages from staff.

How to get your money back: 5 steps

Step 1. Tell the provider in writing

Write to the approved provider (the business that runs the centre, not just the room leader or director). Name the charges you dispute, quote the agreement or the 14-day rule, and say exactly what you want: a refund of $X, a credit, or your bond returned. Give a short deadline, such as 7 business days, and keep a copy. A conversation first is fine, but follow up in writing. Most regulators ask you to raise it with the service first.

Step 2. No answer, a refusal or a runaround: send a childcare complaint letter

Our childcare complaint letter sets out the facts, the fee notice rule, the subsidy rules and the consumer law that apply, the amount you want and a 14-day deadline. It is the letter a tribunal expects to see before you file.

Send your childcare complaint letter – $49

For a bond or refund the centre already agreed to pay but has not, a general letter of demand ($49) also works.

Step 3. Contact the right regulator

Pick the route that matches the problem, and attach your letter and the provider’s reply:

• Fee changes without 14 days’ notice, no fees policy, no statement of fees: the state regulator in the table above.
• A contract dispute over what you owe, or a bond: your state’s Fair Trading or Consumer Affairs office. It is free but cannot force a refund; it contacts the business.
• Subsidy not passed on, or suspected false reporting: the Department of Education, including its CCS fraud tip-off form.
• Safety or quality of care: the state regulator, as soon as possible.

Step 4. Still unpaid: send the final demand

Send a final demand that quotes your first letter, the provider’s response and any regulator reference number. It gives a last deadline before you file.

Send the final demand – $49

Step 5. File a tribunal or court claim

A claim for overcharged fees, a bond or prepaid fees goes to the tribunal or Magistrates Court in the state where the service is (table below). These are small claims built for people without lawyers. CCS decisions and debts are different: they go through the Services Australia review process, not a consumer tribunal.

Prepare your tribunal application – $97

In WA, SA and Tasmania this is a court claim, and the same service prepares it. To put your agreement, invoices and statements in the order a decision maker expects, use the Hearing Bundle ($97).

Where your claim goes in each state

File in the state or territory where the service is. For NCAT (NSW) and VCAT (Victoria) there is one exception: if the provider is an individual or sole trader who lives in another state (for example some family day care educators), the tribunal cannot decide the claim and it must go to a court instead (Burns v Corbett [2018] HCA 15). Companies and people living in a territory are not affected, and Queensland’s tribunal, QCAT, can hear disputes between residents of different states.

Most childcare fee claims are a few hundred to a few thousand dollars, well inside every limit. In South Australia, give a final notice or letter of demand and wait 21 days before filing, or you may not get your filing costs back.

After you win: getting paid

Most providers pay once there is an order. If the provider still does not pay by the date in the order, the order can be enforced. In most states it is registered or filed with the court and enforced like a judgment: a garnishee order on the provider’s bank account or money owed to it, seizure and sale of property, or an examination where the provider must answer questions about its finances.

Tribunals do not collect the money for you. In NSW, Victoria, Queensland, the ACT and the NT, an unpaid tribunal money order is first registered, recorded or filed with a court. In WA, SA and Tasmania the Magistrates Court decides the claim, so you already have a court judgment. Then you apply for the court’s enforcement tools.

Enforce your order – $97

Enforce your order – $97

Questions people ask

How much notice does a childcare centre have to give before raising fees?

At least 14 days. The National Regulations say the provider must notify parents at least 14 days before making any change that will affect the fees charged or the way fees are collected (reg 172(2)). If a higher fee was charged before the 14 days were up, ask for the difference back in writing.

Do I have to pay childcare fees after my child stops going?

Often yes, for the notice period in your enrolment agreement. Services Australia generally will not pay the subsidy for days after your child’s last day of physical attendance, so those days are usually charged at the full fee. Check your agreement: if the notice period was not disclosed, or you were charged for longer than it says, dispute the extra.

Can a childcare centre keep my bond?

Only if your agreement allows it in the circumstances, for example to cover unpaid fees. If your account is clear and the agreement says the bond is refundable, ask for it back in writing. Our childcare complaint letter ($49) sets out the amount, the agreement terms and a 14-day deadline.

Who do I complain to about childcare fees?

Start with the approved provider. If the issue is a fee change without 14 days’ notice or a missing fees policy, the state regulator can look at it. For a contract dispute about what you owe, go to your state’s Fair Trading or Consumer Affairs office, and if needed a tribunal. WA’s and SA’s regulators say they do not handle fee disputes.

My childcare is not passing on the Child Care Subsidy. What can I do?

Compare your fortnightly statement of entitlement with your invoice. Providers must pass the subsidy on as a fee reduction within 14 days of receiving it. Raise it in writing with the provider, then complain to the Department of Education about CCS payments, and use its anonymous tip-off form if you suspect false reporting.

How many absence days does Child Care Subsidy cover?

Up to 42 allowable absence days per child each financial year, for any reason, on days your child would normally attend. More may be available for reasons such as illness, with evidence. The absence itself is still charged by the centre; the subsidy reduces what you pay.

How do I dispute a Child Care Subsidy debt?

Apply to Services Australia for a formal review. For most CCS decisions you must apply within 90 days from the date you were told about the decision, though this can be extended in special circumstances. You can ask for debt repayments to be paused while the review is under way.

Can a childcare centre charge me for a public holiday?

If your agreement allows it and your child would normally attend that day, yes, and the day is treated as an absence for subsidy purposes. Check your agreement and fees policy. A charge that is not in either, or a rate higher than agreed, can be disputed.

Can I complain about poor care and also get my money back?

Yes, they are two tracks. Report safety or quality concerns to the state regulator straight away. Separately, if the failure cost you money, for example you paid for care you had to stop using, claim that from the provider. Our childcare complaint letter can cover both the facts and the amount.

Is an unfair term in my enrolment agreement binding?

Not if it is an unfair term in a standard form consumer contract, such as a one-sided cancellation or bond forfeiture clause. Unfair terms can be void under the Australian Consumer Law. Whether a particular term is unfair depends on the whole agreement, so quote it in your letter and ask the provider to explain why it is reasonably necessary.

Do I need a lawyer for a childcare fee dispute?

Rarely. Most disputes are small amounts, and tribunals are designed for parents representing themselves. A clear letter with the agreement, the invoices and the dates usually resolves it. Get advice if the amount is large or a debt collector is involved; see our guide to dealing with debt collectors.

Dealing with a different kind of business? See all our guides to getting your money back.

Sources

All sources checked 19 October 2026.

• Education and Care Services National Regulations, regs 168, 172, 173 (WA application text, current from 1 May 2026): legislation.wa.gov.au
• Competition and Consumer Act 2010, Schedule 2 (Australian Consumer Law), ss 23-28, 60-64: legislation.gov.au
• Department of Education, managing payments and fees, statements of entitlement, collecting gap fees: education.gov.au
• Department of Education, 3 Day Guarantee: education.gov.au
• Department of Education, reporting Child Care Subsidy fraud: education.gov.au
• Services Australia, CCS if your child is absent: servicesaustralia.gov.au
• Services Australia, formal review of a CCS decision: servicesaustralia.gov.au
• State and territory regulators: NSW Early Learning Commission, VECRA, Queensland Early Childhood Regulatory Authority, WA ECRU, SA Education Standards Board, Tasmanian ECU, ACT CECA, Quality Education and Care NT (links in the table above)
• Tribunal and court limits and fees: NCAT, VCAT, QCAT, ACAT, NTCAT and the WA, SA and Tasmanian Magistrates Courts (links in the table above)

Claim Done is not a law firm and does not give legal advice. This page is general information. For a complex or high-value matter, speak to a lawyer or a free community legal centre.