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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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F2017L01464
13 November 2017
-
01 July 2018
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Part 1—Preliminary
Division 1—Preliminary
1 Name
2 Commencement
3 Authority
4 Definitions
Division 2—Interpretative matters
5 Determining that an individual is taken to be an Australian resident
6 Reasons for additional absences
7 Child care service payments
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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 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 3—Temporary financial hardship
12 Circumstances in which an individual is taken to be experiencing temporary financial hardship
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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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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
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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
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
31 Scope
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 newstart allowance, youth allowance, parenting payment or special benefit
40 Child attending early educational program at a centre based day care service
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Part 4—Approval of provider of child care services
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Division 1—Application for approval
41 Cut off date for applications for approval under the family assistance law before the commencement day
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
47 Provision of care by an FDC educator to relatives
48 Approved child care services must continue to be operated by approved provider and as the same service type
49 Additional conditions for continued approval for child care services to which section 50 applies
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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 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
57 Circumstances in which a business continuity payment may be made
58 Method of determining payment amount
59 Weekly amount where service has previously received a fee reduction amount
60 Weekly amount where service has not previously received a fee reduction amount
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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
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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
68 Lump sum payments in respect of sessions of care before the commencement day
Schedule 1—Diagnosed conditions
Schedule 2—Diagnosed conditions