Child Care Subsidy Amendment (Coronavirus Response Measures No. 8) Minister’s Rules 2021 (Cth)

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Child Care Subsidy Amendment (Coronavirus Response Measures No. 8) Minister’s Rules 2021

I, Stuart Robert, Minister for Employment, Workforce, Skills, Small and Family Business, make the following rules.

Dated 6 December 2021

Stuart Robert

Minister for Employment, Workforce, Skills, Small and Family Business

Contents

1Name

This instrument is the Child Care Subsidy Amendment (Coronavirus Response Measures No. 8) Minister’s Rules 2021.

2Commencement
  1. (1)

    Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.

The whole of this instrument

The day after this instrument is registered.

10 December 2021

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

  1. (2)

    Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the A New Tax System (Family Assistance) Act 1999.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

Child Care Subsidy Minister’s Rules 2017

  1. 1

    Subsection 6(2) (at the end of the definition of period of local emergency)

    Add:

    1. ;

      but does not include the period between the day the Child Care Subsidy Amendment (Coronavirus Response Measures No. 8) Minister’s Rules 2021 commence and 30 June 2022 where the event, or disaster declaration, relates to the COVID‑19 pandemic.

      Note: Schedule 3 sets out the temporary measures relating to the COVID‑19 pandemic.

2

At the end of paragraph 8(4B)(b)

Add:

  1. ; or (iii)

    if the day is between 1 October 2021 and 30 June 2022—a government agency has advised or required the service to close as a result of the COVID‑19 pandemic; or

  2. (iv)

    if the day is between 1 October 2021 and 30 June 2022 and the service is an outside school hours care service that is located on a school campus—the school campus is closed to students because a government agency has advised or required the school to close as a result of the COVID‑19 pandemic.

3

At the end of subsection 8(4B)

Add:

Note: A child care service is not closed for the purposes of this subsection if only part of the service is closed.

4

Part 2 of Schedule 3 (heading)

Omit “for COVID‑19 hotspots”, substitute “during the COVID‑19 pandemic”.

5

Subclause 2.1(3) of Schedule 3

Omit “12 August 2022”, substitute “30 June 2022”.

6

Paragraph 2.1(4)(c) of Schedule 3

Omit “(9) or (10)”, substitute “(9), (10), (11), (12) or (13)”.

7

Paragraph 2.1(4A)(b)

Repeal the paragraph, substitute:

  1. (b)

    the service is closed on the day the session of care was provided and the service predominantly provides care to Indigenous children.

8

At the end of clause 2.1 of Schedule 3

Add:

  1. (11)

    This subclause applies to a session of care on a day between 1 December 2021 and 30 June 2022 if, on that day:

    1. (a)

      if the service is an outside school hours care service (other than such a service that provides vacation care only)—the service is in a geographic area where not all primary public school children are permitted to be at school on‑site and full‑time due to government agency directions or advice relating to the COVID‑19 pandemic that apply to all primary public schools in that area; or

    2. (b)

      if the service is not a service mentioned in paragraph (a)—the service is in a geographic area where not all children are permitted to attend child care due to government agency directions or advice relating to the COVID‑19 pandemic that apply to all services in that area.

  2. (12)

    This subclause applies to a session of care on a day between 1 December 2021 and 30 June 2022 if, on that day:

    1. (a)

      if the service is an outside school hours care service (other than such a service that provides vacation care only)—the principal place of residence of the individual referred to in subsection 201B(1) of the Family Assistance Administration Act is in a geographic area where not all primary public school children are permitted to be at school on‑site and full‑time due to government agency directions or advice relating to the COVID‑19 pandemic that apply to all primary public schools in that area; or

    2. (b)

      if the service is not a service mentioned in paragraph (a)—the principal place of residence of the individual referred to in subsection 201B(1) of the Family Assistance Administration Act is in a geographic area where not all children are permitted to attend child care due to government agency directions or advice relating to the COVID‑19 pandemic that apply to all services in that area.

  3. (13)

    This subclause applies to a session of care on a day between 9 November 2021 and 30 June 2022 if, on that day, any of the following are required to isolate or self‑quarantine by a health agency:

    1. (a)

      the individual referred to in subsection 201B(1) of the Family Assistance Administration Act;

    2. (b)

      the individual’s partner;

    3. (c)

      the child;

    4. (d)

      another member of the child’s household.

9

Paragraphs 2.2(1)(a) and (b) of Schedule 3

Repeal the paragraphs, substitute:

  1. (a)

    any of the following circumstances apply:

    1. (i)

      the service is closed because a government agency has advised or required the service to close as a result of the COVID‑19 pandemic;

    2. (ii)

      if the service is an outside school hours care service that is located on a school campus—the school campus is closed to students because a government agency has advised or required the school to close as a result of the COVID‑19 pandemic;

    3. (iii)

      part of the service is closed because a government agency has advised or required that part of the service to close as a result of the COVID‑19 pandemic;

    4. (iv)

      for an FDC service provided at a particular location—an educator for the service at that location, or a member of that educator’s household, is required to isolate or self‑quarantine by a government agency;

    5. (v)

      for an IHC service—the IHC educator is required to isolate or self‑quarantine by a government agency; and

  2. (b)

    the child did not attend any part of the session of care because the service, or the part of the service, that would have provided the session of care is closed because of those circumstances; and

10

Paragraph 2.2(2)(a) of Schedule 3

Omit “the child care service closes as a result of the advice or requirement referred to in paragraph (1)(b)”, substitute “the child care service, or the part of the child care service, closes as a result of the advice or requirement referred to in paragraph (1)(a)”.

11

Subparagraph 2.2(2)(b)(i) of Schedule 3

Omit “that the health agency advises or requires the child care service to be closed”, substitute “that the government agency (including a health agency) advises or requires the child care service, or the part of the child care service, to be closed”.

12

Subparagraph 2.2(2)(b)(ii) of Schedule 3

Omit “31 December 2021”, substitute “30 June 2022”.

13

Part 3 of Schedule 3 (heading)

Omit “in COVID‑19 hotspots”, substitute “during the COVID‑19 pandemic”.

14

Subclause 3.1(2A) of Schedule 3

Omit “(4) or (5)”, substitute “(4), (5), (6) or (7)”.

15

Subclause 3.1(3) of Schedule 3

Omit “which is on or after 23 June 2021”, substitute “between 23 June 2021 and 30 June 2022”.

16

At the end of clause 3.1 of Schedule 3

Add:

  1. (6)

    This subclause applies to a day between 1 December 2021 and 30 June 2022 if:

    1. (a)

      on that day either:

      1. (i)

        if the service is an outside school hours care service (other than such a service that provides vacation care only)—the service is in a geographic area where not all primary public school children are permitted to be at school on‑site and full‑time due to government agency directions or advice relating to the COVID‑19 pandemic that apply to all primary public schools in that area; or

      2. (ii)

        if the service is not a service mentioned in subparagraph (i)—the service is in a geographic area where not all children are permitted to attend child care due to government agency directions or advice in relation to the COVID‑19 pandemic that applies to all services in that area; and

    2. (b)

      the directions or advice referred to in subparagraph (a)(i) or (ii) have been in effect for more than 7 continuous days.

  2. (7)

    This subclause applies to a day between 1 December 2021 and 30 June 2022 if:

    1. (a)

      the Secretary has determined, under subsection 67CC(1) of the Family Assistance Administration Act, that an individual is eligible for CCS by fee reduction for the child; and

    2. (b)

      the individual, or the individual’s partner, has incurred a liability to pay for the session of care under a complying written arrangement; and

    3. (c)

      on that day, either:

      1. (i)

        if the service is an outside school hours care service (other than such a service that provides vacation care only)—the individual’s principal place of residence is in a geographic area where not all primary public school children are permitted to be at school on‑site and full‑time due to government agency directions or advice relating to the COVID‑19 pandemic that apply to all primary public schools in that area; or

      2. (ii)

        if the service is not a service mentioned in subparagraph (i)—the individual’s principal place of residence is in a geographic area where not all children are permitted to attend child care due to government agency directions or advice relating to the COVID‑19 pandemic that apply to all services in that area; and

    4. (d)

      the directions or advice referred to in subparagraph (c)(i) or (ii) have been in effect for more than 7 continuous days.

17

After clause 3.1 of Schedule 3

Insert:

3.1AAllowable absences for COVID‑19 generally

  1. (1)

    This clause sets out, for the purposes of subparagraph 10(2)(c)(ii) and subsection 10(2AA) of the Family Assistance Act, conditions relating to a particular event or circumstance to be met in order for a child care service to be taken to have provided a session of care to a child on a day in a financial year.

Particular event or circumstance

  1. (2)

    The particular event or circumstance is the COVID‑19 pandemic.

Condition

  1. (3)

    The condition is that:

    1. (a)

      had the child attended the session of care, the session would have been provided by the child care service to the child in the 2021‑2022 financial year; and

    2. (b)

      clause 3.1 does not apply in relation to the session of care.

Number of days for COVID‑19 pandemic

  1. (4)

    The number of days prescribed for the COVID‑19 pandemic for the 2021‑2022 financial year is 9 days.

    Note: As a result of subsection 10(2) of the Family Assistance Act, in the 2021‑2022 financial year, because of the COVID‑19 pandemic, a child will be able to have up to 10 extra allowable absence days from a child care service, in addition to the 42 days of allowable absence under subparagraph 10(2)(c)(i) of that Act, and in addition to any allowable absences a child may have under clause 3.1 of this Schedule.

18

Clause 3.2 of Schedule 3 (heading)

Omit “after last day of”, substitute “before the first day, or after the last day, of”.

19

Subclause 3.2(1) of Schedule 3

Omit “10(2)(b)(iii)”, substitute “10(2)(b)(ii) or (iii)”.

20

Paragraphs 3.2(2)(c) and (3)(e) of Schedule 3

Omit “on or after 12 July 2021”, substitute “between 12 July 2021 and 30 June 2022”.

21

At the end of subclause 3.2(4) of Schedule 3

Add:

  1. ; and (c)

    the day is on or before 30 June 2022.

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