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Child Care Subsidy Minister's Rules 2017
In force
Administered by
Department of Education
This item is authorised by the following titles:
A New Tax System (Family Assistance) Act 1999
A New Tax System (Family Assistance) (Administration) Act 1999
Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017
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F2023C00765 (C40)
11 August 2023
-
15 October 2023
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Part 1—Preliminary
Division 1—Preliminary
1 Name
3 Authority
4 Definitions
Division 2—Interpretative matters
5 Determining that an individual is taken to be an Australian resident
5A What constitutes a session of care?
5B Days on which sessions of care are taken to be provided—absences before child’s first attendance or after child’s last attendance
5BA When is an IHC or an FDC service closed?
5C Days on which sessions of care are taken to be provided—period of emergency
5D Days on which sessions of care are taken to be provided—circumstances in which medical certificate not required
6 Reasons for additional absences
7 Child care service payments
7A Meaning of ceases to operate any approved child care service
7B Meaning of ceases to operate a child care service
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Part 2—Eligibility for child care subsidy and additional child care subsidy
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Division 1—Circumstances where no one is eligible for a session of care
8 Prescribed circumstances where no eligibility for a session of care
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Division 1AA—Requirements for eligibility for kinds of approved child care services
8AA In home care services
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Division 1A—Prescribed classes of children for eligibility for CCS or ACCS
8A Purpose of prescribing classes of children in this Division
8B Children 13 years or under who are attending secondary school who do not have a prescribed disability or prescribed medical condition
8C Children who have a prescribed disability or prescribed medical condition
8D Conditions in relation to the classes of children prescribed in sections 8B and 8C
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Division 1B—Prescribed classes of children for eligibility for ACCS (child wellbeing)
8E Children who are in a formal foster care arrangement
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Division 2—When children are at risk of serious abuse or neglect for ACCS (child wellbeing)
9 Circumstances in which a child is taken to be at risk of serious abuse or neglect—child at risk of suffering harm
10 Circumstances in which a child is taken to be at risk of serious abuse or neglect—child in need of care etc. under State or Territory law
11 Circumstances in which a child is not taken to be at risk of serious abuse or neglect
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Division 2A—Circumstances relevant to ACCS (child wellbeing) certificates and determinations
11A Exceptional circumstances for backdating ACCS (child wellbeing) certificates and determinations to a period of greater than 28 days, but no more than 13 weeks
11B Circumstances for extending ACCS (child wellbeing) determinations to a period of more than 13 weeks, but no more than 52 weeks
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Division 3—Temporary financial hardship
12 Circumstances in which an individual is taken to be experiencing temporary financial hardship
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Division 3A—Eligibility for ACCS (grandparent)
12A Criteria for eligibility for ACCS (grandparent)—payments under the ABSTUDY scheme
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Division 4—Transition to work
13 Additional eligibility requirements for ACCS (transition to work)
14 Additional eligibility requirements for individuals who ceased receiving transition to work payment fewer than 12 weeks ago
15 Transition to work payments
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Division 5—Requirements for eligibility for in home care
15A In home care provided to multiple children
15B Additional eligibility requirements
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Part 3—Amount of child care subsidy and additional child care subsidy
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Division 1—Hourly rate of child care subsidy
16 Determining hourly rate cap that applies for a session of care
16A Prescribed payments for determining hourly session fee
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Division 2—Circumstances for election
17 Election of allocation of claimant’s fortnightly entitlement between services attended by the child
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Division 3—Recognised activities
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Subdivision A—General
18 Application—unlawful purposes
Subdivision B—Additional activities
19 Unpaid work experience
20 Unpaid work in a family business
21 Voluntary work
22 Actively looking for work
23 Actively setting up a business
23A Australian courses of study
Subdivision C—Associated activities
24 Preparing for paid work
25 Leave from paid work
26 Training course—self directed study
27 Training course—break in course
28 Approved course of education or study—self directed study
29 Approved course of education or study—break in course
Subdivision D—Hours during which activities are engaged in
30 Individual engages in paid work over variable hours
Division 4—Minister’s rules result
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Subdivision A—Preliminary
31 Scope
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Subdivision B—Circumstances in which an individual has a Minister’s rule result—general
32 Individuals with disabilities or impairments
33 Individual temporarily outside Australia
34 Individual in gaol or psychiatric confinement
35 Individual or an individual’s partner is a grandparent or great grandparent
36 Individual receiving a carer payment
37 Individual providing constant care
38 Individual receiving a carer allowance
39 Individual receiving a jobseeker payment, youth allowance, parenting payment or special benefit
40 Child attending early educational program at a centre based day care service
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Subdivision C—Circumstances in which an individual has a Minister’s rule result—post Early Childhood Education and Care Relief Package
40AA Application
40AB Individual engaging in at least 8 hours of recognised activities
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Part 3A—Withholding Amount
40A Prescribed percentage
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Part 3B—Publication of certain information relating to approved providers
40B Prescribed information
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Part 4—Approval of provider of child care services
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Division 1—Application for approval
41 Applications for approval and variation taken not to be made during Early Childhood Education and Care Relief Package
41A Circumstances in which application for approval and variation taken not to be made—application exclusion period
42 Who may apply for approval
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Division 2—Provider eligibility rules
43 Additional rules for provider eligibility
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Division 3—Service eligibility rules
44 Additional prescribed matters for service eligibility
45 Additional criteria for service eligibility rules
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Division 4—Fit and proper person considerations
46 Additional matters to take into account
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Division 5—Conditions for continued approval
46A Minimum operating periods for approved child care services—suspension on request
47 Provision of care by an FDC educator to relatives
47A Approved provider must give certain information about third party payments
48 Approved child care services must continue to be operated by approved provider and as the same service type
48A Additional conditions for continued approval for approved providers of in home care services
48B Provider must not offer certain inducements
48C Additional condition for continued approval for providers reimbursed by individuals for debts—absences before first attendance and after last attendance
49 Additional conditions for continued approval for child care services to which section 50 applies
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Division 5A—Allocation of places to in home care services
49A Application of Division
49AA What constitutes a child care place?
49B Matters to be taken into account in allocating places
49C Maximum number of child care places that can be allocated
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Division 6—Certain child care services not required to meet State/Territory requirements
50 Certain providers not required to meet State/Territory requirements
51 Certain providers not subject to minimum operating period
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Division 7— Consequences of breach of conditions for continued approval
52 Matters the Secretary must take into account in exercising the power to impose a sanction on an approved provider
53 Matters the Secretary must have regard to in specifying the day of effect of a revocation of a suspension
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Division 8—Backdating of approvals etc.
54 Modifications dealing with backdated approval
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Part 5—Provider requirements
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Division 1AA—Requirements for large child care providers
54AA Financial reporting requirements for large child care providers
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Division 1A—Payment of hourly session fees and prescribed circumstances discounts
54A Exceptions to requirement to pay fees using an electronic funds transfer system
54B Prescribed circumstances discount for sessions of care provided during periods of emergency
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Division 1—Requirement to notify Secretary of certain matters
55 Matters that must be notified to the Secretary
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Division 2—Requirements in relation to children of a prescribed class of sessions of care for which there is no eligibility for CCS
56 Requirements in relation to care given at FDC services to children of FDC educators
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Part 6—Business continuity payments
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Division 1—General
57AA Application
57 Circumstances in which a business continuity payment may be made
58 Method of determining payment amount
59 Weekly amount where the provider has previously received a fee reduction amount in respect of the service
60 Weekly amount where the provider has not previously received a fee reduction amount in respect of the service
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Part 6A—Application, savings and transitional provisions
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Division 1—Amendments made by the Child Care Subsidy Minister’s Amendment (Building on the Child Care Package and Other Measures) Rules 2020
61AA Definitions
61AB Application—additional criteria for eligibility for ACCS payments
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Division 2—Transitional rules for the Family Assistance Legislation Amendment (Cheaper Child Care) Act 2022
61AC Nature of transitional rules
61AD Information that child is an Aboriginal or Torres Strait Islander child
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Part 7—Transitional rules for the Jobs for Families Act
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Division 1—Preliminary
61 Nature of transitional rules
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Division 2—Continuity of certain matters
62 Continuity of absences
62A Continuity of immunisation grace period during transition
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Division 3—Limitations and other matters
63 Limitation on amendments to attendance reports
64 Certain operators of existing approved child care services not deemed to be approved providers under the family assistance law
65 Special rate of child care benefit for periods prior to commencement day
66 Limitations on determinations of temporary financial hardship
67 Debts arising from overpayments made before the commencement day
67A Outstanding enrolment advances after the commencement day
68 Lump sum payments in respect of sessions of care before the commencement day
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Division 4—Determining deemed claims for CCS
69 Deemed claims for CCS that cannot be determined before 24 September 2018
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Division 5—Backdating applications for ACCS (grandparent)
70 ACCS (grandparent) applications made on or before 23 September 2018
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Division 6—Arrangements and enrolments of children prior to the commencement day
71 Pre commencement arrangements taken to be complying written arrangements
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Division 8—Compliance processes after the commencement day in respect of prior conduct
74 Notices intending to impose a sanction
75 Sanctions after the commencement day in respect of prior breaches
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Division 9—Continuation of conditions for continued approval
76 Conditions for continued approval that applied prior to commencement day
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Division 10—Modifications to working with children card requirements
77 Working with children card details required in relation to certain individuals
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Part 8—Miscellaneous
78 Grant purposes supported by standing appropriation
Schedule 1—Diagnosed conditions
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Schedule 2—Diagnosed conditions
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnote 5—Editorial changes