Child Care Benefit (Allocation of Child Care Places) Determination 2000 (Cth)
Child Care Benefit (Allocation of Child Care Places) Determination 20001
as amended
made under section 206 of the
A New Tax System (Family Assistance) (Administration) Act 1999
This compilation was prepared on 23 September 2011
taking into account amendments up to Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2011 (No. 1) (F2011L01902)
Prepared by the Department of Education, Employment and Workplace Relations.
Contents
Page
PART 1 PRELIMINARY
1 Citation [see Note 1]
2 Commencement [see Note 1]
3 Interpretation
3A Application
PART 2 ALLOCATION OF CHILD CARE PLACES
5 Allocation of places
6 Initial allocation of places to former childcare assistance agreement services
7 Allocation of other places
8 Notice of allocation
PART 2A REDUCTION OF CHILD CARE PLACES ALLOCATED TO AN APPROVED IN-HOME CARE SERVICE........................................................8
8A Application of Part 2A
8B Working out the number of provided places
8C Time limit for submissions
8D Giving notice of a proposed reduction
PART 3 TRANSITIONAL — APPLICATIONS MADE, BUT NOT DETERMINED, BEFORE 1 JULY 2006
9 Initial allocations
10 Additional allocations
Part 1 Preliminary
1 Citation [see Note 1]
This determination may be cited as the Child Care Benefit (Allocation of Child Care Places) Determination 2000.
2 Commencement [see Note 1]
This determination commences on 1 July 2000, immediately after the commencement of Schedule 6 to the 2000 Act.
3 Interpretation
(1) In this determination:
the Act means the A New Tax System (Family Assistance) (Administration) Act 1999;
child care place means:
(a) in relation to an approved in-home care service, 1 full‑time place of 35 hours per week which may be occupied by 1 child or by 2 or more children attending on a part-time basis; and
(b) in relation to an approved occasional care service, 1 full‑time place of 40 hours per week which may be occupied by 1 child or by 2 or more children attending on a part-time basis.
the 2000 Act means the A New Tax System (Family Assistance and Related Measures) Act 2000.
(2) Unless the contrary intention appears, expressions used in this determination shall have the same meanings as in the primary legislation, and for this purpose “the primary legislation” means the Act, the A New Tax System (Family Assistance) Act 1999 and Schedule 6 to the 2000 Act.
3A Application
This determination applies to:
(a)the allocation of child care places to an approved child care service that is an approved in-home care service or an approved occasional care service; and
(b) the reduction of the number of child care places allocated to an approved in-home care service.
Part 2 Allocation of child care places
5 Allocation of places
The Secretary shall allocate child care places to approved child care services in accordance with this Part and Part 3.
6 Initial allocation of places to former childcare assistance agreement services
(1) Where a service is treated as being an approved child care service by virtue of subitem 11(2), (3) or (4) of Schedule 6 to the 2000 Act (childcare assistance agreement services to become approved child care services), the Secretary shall make an initial allocation of places to the service taking into account the number of child care places in respect of which the Minister had approved Commonwealth funding for the service under the child care assistance scheme or otherwise as at 30 June 2000.
(2) After an initial allocation has been made to an approved child care service under subsection (1), the remaining provisions of this determination shall apply to the service for the purpose of any further allocation of places.
7 Allocation of other places
Determination of number of places for an area
(1) Except in a case to which subsection 6(1) applies, before allocating any places to approved child care services the Secretary must determine in writing:
(a) the areas of Australia in which child care places may be allocated; and
(b) the number of child care places of each kind (approved in-home care services and approved occasional care services) that may be allocated in each of those areas.
(2) A determination under subsection (1) may divide the number of child care places determined by the Secretary for a particular area into numbers of places that may be allocated in respect of children in particular age groups.
(3) In making the determination under subsection (1) in relation to child care places that may be allocated to approved occasional care services, the Secretary must take into account the following matters:
(a)the relative needs of different areas of Australia for this kind of places; and
(b)the relative needs for this kind of places, of people in each area who have work, training or study commitments.
(4) In making the determination under subsection (1) in relation to child care places that may be allocated to approved in-home care services, the Secretary must take into account the relative needs of different areas of Australia for this kind of places.
Determination of number of places for an approved child care service
(5) In working out the number of places to be allocated to an approved occasional care service, other than a service to which subsection 6(1) applies, the Secretary must take into account:
(a)the number of child care places for occasional care services (if any) determined under subsection (1) that may be allocated in the area in which the service operates, including any division of that number mentioned in subsection (2); and
(b)the needs for this kind of places of the people who are using or are likely to use the service, relative to the needs of the people who are using, or are likely to use, another occasional care service in the area; and
(c)the service’s ability to provide child care that best meets the needs of people who have work, training or study commitments; and
(d)where:
(i)the service is an approved child care service; or
(ii)the service’s operator is or has previously been an operator of an approved child care service; or
(iii)the operator of the service was previously a party to the childcare assistance agreement,
the service’s or operator’s past conduct as a provider of child care, including compliance with any relevant Commonwealth, State or Territory requirements in relation to the provision of child care and the management of child care services.
(6) For subsection (5), the Secretary may also take into account any other matter that the Secretary considers relevant to deciding the number of places (if any) to be allocated to an approved occasional care service.
(7) In working out the number of places to be allocated to an approved in-home care service, other than a service to which subsection 6(1) applies, the Secretary must take into account:
(a)the number of child care places (if any) determined under subsection (1) for in-home care services that may be allocated in the area in which the service operates, including any division of that number mentioned in subsection (2); and
(b)the needs for this kind of places of the people who are using or are likely to use the service relative to the needs of the people who are using or are likely to use another in-home care service in the same area; and
(c)the service’s ability to provide child care that best meets the needs of children to whom paragraph 10(1B)(a) of the Child Care Benefit (Eligibility of Child care Services for Approval and Continued Approval) Determination 2000 applies; and
(d)where:
(i)the service is an approved child care service; or
(ii)the service’s operator has been previously an operator of an approved child care service; or
(iii)the operator of the service was previously a party to a childcare assistance agreement,
the service’s or operator’s past conduct as a provider of child care, including compliance with any relevant Commonwealth, State or Territory requirements in relation to the provision of child care and the management of child care services.
(8) For subsection (7), the Secretary may also take into account any other matter that the Secretary considers relevant to deciding the number of places (if any) to be allocated to an approved in-home care service.
(9) When child care places are allocated in accordance with subsection (5) or (7), the number of child care places specified in a determination under subsection (1) as available for allocation to approved child care services of a particular kind in a particular area must not be exceeded by more than 15 per cent.
(10) The Secretary may make allocation of places to an approved child care service at the time and in the manner the Secretary considers appropriate.
8 Notice of allocation
(1) Subject to subsection (2), the Secretary must give the operator of an approved child care service notice in writing of the service’s allocation of places.
(2) Subsection (1) does not apply in the case of an initial allocation of places under subsection 6(1).
Part 2A Reduction of child care places allocated to an approved in-home care service
8A Application of Part 2A
This Part applies to the reduction, under subsection 207A (1) of the Act, of the number of child care places allocated to an approved in-home care service.
8B Working out the number of provided places
(1) Before reducing the number of child care places allocated to an approved in-home care service, the Secretary must first work out the number of places the service provides.
(2) For subsection (1), the Secretary must not consider a place as being provided by the service if the place has been unoccupied continuously for 6 months immediately before the Secretary gives a notice under subsection 207A (2) of the Act.
Note A notice under subsection 207A (2) of the Act is a notice given to an approved child care service, before a reduction decision is made, of a proposal to reduce the service’s allocation of child care places.
8C Time limit for submissions
For paragraph 207A (2) (c) of the Act, the written submissions (if any) must be made within 28 days after the notice is given to the service or within a longer period (if any) specified by the Secretary in the notice.
8D Giving notice of a proposed reduction
Section 224A of the Act applies to a notice under subsection 207A (2) of the Act in the same way as it applies to a notice of a decision of an officer under Part 8 of the Act.
Note
1. All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See 3 Transitional — applications made, but not determined, before 1 July 2006
9 Initial allocations
An initial allocation of child care places under subsection 207 (1) of the Act to an approved child care service, the application for the approval of which was made, but not determined, before 1 July 2006, must be made in accordance with this determination as in force on 1 July 2006.
10 Additional allocations
A decision under subsection 207 (4) of the Act in relation to an application for an additional allocation of child care places under subsection 207 (2) of the Act that was made, but not determined, before 1 July 2006, must be made in accordance with this determination as in force on 1 July 2006.
Notes to the Child Care Benefit (Allocation of Child Care Places) Determination 2000
Note 1
The Child Care Benefit (Allocation of Child Care Places) Determination 2000 (in force under section 206 of the A New Tax System (Family Assistance) (Administration) Act 1999) as shown in this compilation is amended as indicated in the Tables below.
Table of Instruments
Title
Date of notification
in Gazette or FRLI registrationDate of
commencementApplication, saving or
transitional provisionsChild Care Benefit (Allocation of Child Care Places) Determination 2000
29 June 2000 (see Gazette 2000, No. S 348)
1 July 2000, immediately after the commencement of Schedule 6 to the A New Tax System (Family Assistance and Related Measures) Act 2000
Child Care Benefit (Allocation of Child Care Places) Amendment Determination (No. 1) 2000
22 December 2000 (see Gazette 2000, No. S 665)
1 January 2001, immediately after the commencement of Schedule 2 to the Family and Community Services (2000 Budget and Related Measures) Act 2000
—
Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2003 (No. 1)
5 February 2003 (see Gazette 2003, No. S 31)
5 February 2003
—
Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2006 (No. 1)
Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2011 (No. 2)
Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2011 (No. 1)
29 June 2006 (see F2006LO2029)
22 August 2011
(see F2011L01709)14 September 2011 (see F2011L01902)
1 July 2006
22 August 2011
15 September 2011
—
—
—
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted Provision affected
How affected
Part 1, s.3(1)........................... am. 2000 No. S 665; 2003 No. S 31; 2006 F2006L02029;
am 2011 F2011L01902
Part 1, s.3A............................. ad. 2006 F2006L02029; rs 2011 F2011L01902 Part 1, s.4................................
Part 2, s.5.................................
rs. 2000 No. S 665; rep 2011 F2011L01709
am 2011 F2011L01902
Part 2, s.7(1)........................... am. 2000 No. S 665; 2006 F2006L02029; Part 2, s.7(2)........................... am. 2003 No. S 31;
rs. 2006 F2006L02029;
Part 2, s.7(3).............................
Part 2, s.7(4).............................
Part 2, s.7(4A)..........................
Part 2, s.7(4B)..........................
Part 2, s.7(5).............................
Part 2, s.7(6).............................
Part 2, s.7(7).............................
Part 2, s.7(8).............................
Part 2, s.7(9).............................
Part 2, s.7(10)...........................
Part 2, s.8(3).............................
Part 2, s.8(4).............................
Part 2A. ....................................
Part 3, s.9 and 10.....................
rs 2011 F2011L01902
am. 2006 F2006L02029 rs 2011 F2011L01902
ad.2003 No. S 31;
rep. 2006 F2006L02029;
ad. 2003 No. S 31;
rep.2006 F2006L02029
rs. 2011 F2011L01902
ad. 2011 F2011L01902
ad. 2011 F2011L01902
ad. 2011 F2011L01902
ad. 2011 F2011L01902
ad. 2011 F2011L01902
ad. 2003 No. S 31;
rep. 2006 F2006L02029;
ad. 2003 No. S 31;
rep. 2006 F2006L02029;
ad 2011 F2011L01902
ad. 2006 F2006L02029;
0
0
0