Child Care Subsidy Amendment (Improving Assistance for Vulnerable and Disadvantaged Families) Minister's Rules 2021 (Cth)

Child Care Subsidy Amendment (Improving Assistance for Vulnerable and Disadvantaged Families) Minister’s Rules 2021

I, Alan Tudge, Minister for Education and Youth, make the following rules.

Dated 29 June 2021

Alan Tudge

Minister for Education and Youth

Contents

1. •
2. •
3. •
4. •

1Name

This instrument is the Child Care Subsidy Amendment (Improving Assistance for Vulnerable and Disadvantaged Families) 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. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table.	The day after the instrument is registered.
2. Schedule 1, Part 1	The later of: (a) immediately after Schedule 1, Part 4 to the Family Assistance Legislation Amendment (Early Childhood Education and Care Coronavirus Response and Other Measures) Act 2021 commences; and (b) the day after this instrument is registered.
3. Schedule 1, Part 2	1 July 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Note: This table relates only to the provisions of this instrument as originally made.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 subsection 85GB(1) of 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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Part 1—ACCS (child wellbeing) amendments

1 Section 4

Insert:

in a formal foster care arrangement has the meaning given by section 8E.

2 Section 4

Insert:

long term protection order means a final protection or welfare order made under a law of a state or territory that gives—

1. (a)

   a Minister of the Crown in right of a State;

2. (b)

   a government department or statutory authority;

3. (c)

   a person who is the head of a government department or statutory authority or otherwise holds an office or position in, or is employed in, a government department or statutory authority, in their official capacity; or

4. (d)

   an organisation or the chief executive (by whatever name called) of an organisation;

responsibility in relation to the parental or care responsibility for, supervision of, or contact with, the child or young person, however that responsibility is described.

3 After section 8D

Insert:

Division 1B—Prescribed classes of children for eligibility for ACCS (child wellbeing)

8E Children who are in a formal foster care arrangement

1. (1)

   For the purposes of subparagraph 85CA(2)(b)(ii) of the Family Assistance Act, the class of children who are in a formal foster care arrangement is prescribed.

2. (2)

   For this section, a child is in a formal foster care arrangement if the child is being cared for:

   1. (a)

      on a temporary basis; and

   (b) by a person other than the child’s parents; and

   (c) on a residential basis in premises other than the child’s home; and

   (d) the child has been placed in that care:

   (i) by a Minister, government department, statutory authority, or holder of an office established under state or territory legislation who has parental responsibility, guardianship of custody of the child;

   (ii) by a Court or Tribunal order for temporary care arrangements for the child; or

   (iii) under an agreement recognised by state or territory legislation for the purpose of placing the child in care; and

   (e) the child is not in care at premises which are managed by professional staff whose duties include caring for the child and other children in similar situation.

4

After paragraph 10(h)

Insert:

1. ; or (i)

   where the child is in a formal foster care arrangement.

5

After section 11

Insert:

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

For the purposes of subsections 85CB(2A) and 85CE(5B) of the Family Assistance Act, the period of 28 days may be extended to a period of no more than 13 weeks if any of the following circumstances apply:

1. (a)

   the eligible individual, their partner, or the child is affected by domestic or family violence;

2. (b)

   the eligible individual, their partner or a child of the family is experiencing serious illness, a medical condition, or hospitalisation, and the illness, condition or hospitalisation prevents the individual partner from working or caring for their child;

3. (c)

   the eligible individual, their partner or a child of the family is experiencing serious mental health issues that prevent the individual from working or caring for their child;

4. (d)

   a long term protection order is in place in respect of the child.

11B Circumstances for extending ACCS (child wellbeing) determinations to a period of more than 13 weeks, but no more than 52 weeks

For the purposes of subsection 85CE(5C) of the Family Assistance Act, the period of 13 weeks may be extended to a period of no more than 52 weeks if any of the following circumstances apply:

1. (a)

   the child is in a formal foster care arrangement (within the meaning of section 8E of these Rules); or

2. (b)

   a long term protection order is in place in respect of the child.

6

Section 55, Table

After item 20, insert:

21 Where the provider is eligible for ACCS under 85CA of the Family Assistance Act in relation to a child that is a member of a class prescribed by the Minister’s rules for the purposes of 85CA(ba)–any change in relation to the formal foster care arrangement or long term protection order that applies to that child. Within 7 days after the provider becomes aware ofthe change.

Part 2—Amendments commencing on 1 July 2021

7 After subsection 78(3)

Insert:

1. (4)

   For subsection 233(3) of the Family Assistance Administration Act, the total amount that may be paid in respect of 2021-22 is $4 million.

2. (5)

   For subsection 233(5) of the Family Assistance Administration Act, the total amount that may be paid in respect of 2021-22 is $4 million.