Child Care Subsidy Minister’s Amendment Rules (No. 1) 2019 (Cth)

Child Care Subsidy Minister’s Amendment Rules (No. 1) 2019

I, DAN TEHAN, Minister for Education, make the following rules.

Dated 5 February 2019

Dan Tehan

Minister for Education

Contents

1. •
2. •
3. •
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1Name

This instrument is the Child Care Subsidy Minister’s Amendment Rules (No. 1) 2019.

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 the instrument is registered.

Note: This table relates only to the provisions of this instrument as originally made.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 and the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017.

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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1—Amendments

Child Care Subsidy Minister’s Rules 2017

1

Subsection 48A(8)

Repeal the subsection, substitute:

1. (8)

   A provider of an IHC service must undertake to operate in a manner consistent with the In Home Care National Guidelines published in December 2018.

   Note: The In Home Care National Guidelines could in 2018 be viewed on the Department’s website ( 48A(10)(c)

   Repeal the paragraph, substitute:

   1. (c)

      otherwise provide reasonable assistance to and cooperate with an IHC Support Agency consistently with furthering the purpose of their role as set out in the In Home Care National Guidelines published in December 2018.

   Note: The In Home Care National Guidelines could in 2018 be viewed on the Department’s website ( Division 4 of Part 7

   Insert:

   Division 4A—Determinations for ACCS (child wellbeing) during transition period

   1. 69A

      Determinations for ACCS (child wellbeing) during transition period

   2. (1)

      Section 85CE of the Family Assistance Act is modified in accordance with this section.

   3. (2)

      After subsection 85CE(4), insert:

   4. “(4A)

      Also, if:

      1. (a)

         the Secretary is satisfied that a child was at risk of serious abuse or neglect on a day before 1 July 2019 (an at risk day); and

      2. (b)

         an approved child care service provided a session of care to the child on the day;

   the Secretary may make a written determination under this section on his or her own initiative.”

   1. (3)

      Omit paragraph 85CE(5)(a), substitute:

      1. “(a)

         specify the day it takes effect, which:

         1. (i)

            must be the Monday of a week that includes an at risk day; and

         2. (ii)

            if the determination is made under subsection (3)—cannot be more than 28 days before the application was made; and”