Child Care Benefit (Breach of Conditions for Continued Approval) Amendment Determination 2003 (No. 1) (Cth)

Child Care Benefit (Breach of Conditions for Continued Approval) Amendment Determination 2003 (No. 1)

I, LARRY ANTHONY, Minister for Children and Youth Affairs, make the following Determination under subsection 200 (5) of the A New Tax System (Family Assistance) (Administration) Act 1999.

Dated 24 June 2003

LARRY ANTHONY

Minister for Children and Youth Affairs

1. Name of Determination

This Determination is the Child Care Benefit (Breach of Conditions for Continued Approval) Amendment Determination 2003 (No. 1).

1. Commencement

This Determination commences on 1 July 2003.

1. Amendment of Child Care Benefit (Breach of Conditions for Continued Approval) Determination 2000

Schedule 1 amends the Child Care Benefit (Breach of Conditions for Continued Approval) Determination 2000.

Schedule 1        Amendment

(section 3)

[1]           After section 5A

insert

5B           Additional factors to be taken into account in applying cancellation sanction — outside school hours care services

(1)   In considering whether to cancel the approval of an approved outside school hours care service under paragraph 200 (1) (e) of the Act for failure to comply with section 24A or paragraph 24B (2) (b) or (c) of the approval rules, the Secretary must take into account the following factors:

(a)    whether the National Childcare Accreditation Council has reported to the Secretary that the service has not complied with the approval rules;

(b)    whether the Secretary has informed clients of the service of the possible effect on their eligibility for a child care benefit if the service continues not to comply with the approval rules.

(2)   In considering whether to cancel the approval of an outside school hours care service under paragraph 200 (1) (e) of the Act for failure to comply with paragraph 24B (2) (a) of the approval rules, the Secretary must take into account the following factors:

(a)    whether the National Childcare Accreditation Council has reported to the Secretary that the service is not registered as a participant in the OSHCQA;

(b)    whether the Secretary has informed clients of the service of the possible effect on their eligibility for a child care benefit if the service is not so registered.

(3)   In this section:

client, of an approved outside school hours care service, means an individual who is liable to pay for child care provided by the service.

OSHCQA has the meaning given by subsection 3 (1) of the approval rules.