Child Care Subsidy Minister's Rules 2017 (Cth)

Child Care Subsidy Minister’s Rules 2017

made under subsection 85GB(1) of the A New Tax System (Family Assistance) Act 1999; subsection 194(5) of the A New Tax System (Family Assistance) (Administration) Act 1999 (as in force before 2 July 2018); and item 12 of Schedule 4 to the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017.

Compilation No. 49

Compilation date:28 March 2025

Includes amendments:F2025L00451

About this compilation

This compilation

This is a compilation of the Child Care Subsidy Minister’s Rules 2017 that shows the text of the law as amended and in force on 28/03/2025 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

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Part 1PreliminaryDivision 1Preliminary1Name

These Rules are the Child Care Subsidy Minister’s Rules 2017.

3Authority

These Rules are made under the following:
(a)
subsection 85GB(1) of the A New Tax System (Family Assistance) Act 1999;
(b)
subsection 194(5) of the A New Tax System (Family Assistance) (Administration) Act 1999 (as in force before 2 July 2018);
(c)
item 12 of Schedule 4 to the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017.

4Definitions

In these Rules:
at risk has the meaning given by section 9 (Circumstances in which a child is taken to be at risk of serious abuse or neglect—child at risk of suffering harm).
attends school has the meaning given by section 16 (Determining hourly rate cap that applies for a session of care).
business continuity payment means a payment under section 205A or section 205C of the Family Assistance Administration Act.
commencement day means the same day as Schedule 1 to the Jobs for Families Act commences.
COVID‑19 test means a rapid antigen test to detect COVID‑19 or a reverse transcription polymerase chain reaction test to diagnose COVID‑19.
customer reference number (or CRN) means the unique identifier given to an individual by the Department administering the Human Services (Centrelink) Act 1997 to identify the individual for the purposes of social security and family assistance payments.
Education and Care Services National Law, in relation to an entity or service in a State or Territory except Western Australia, means the law of that name set out in the Schedule to the Education and Care Services National Law Act 2010 (Vic), as adopted in that State or Territory, and in relation to an entity or service in Western Australia, means the Education and Care Services National Law (WA) Act 2012.
Education and Care Services National Regulations, in relation to an entity or service in a State or Territory except in Western Australia, means the Education and Care Services National Regulations (NSW), as adopted in that State or Territory, and in relation to an entity or service in Western Australia, means the regulations made under the Education and Care Services National Law (WA) Act 2012.
educator, in relation to a child care service in a State or Territory, means an educator within the meaning of the Education and Care Services National Law or, to the extent that the context permits reference to an individual who provides child care at an IHC service, an IHC educator.
eligible disability child has the meaning given by section 8.
eligible ISP child has the meaning given by section 8.
emergency: see period of emergency.
estimated number of children in care for the week has the meaning given by section 60 (Weekly amount where service has not previously received a fee reduction amount).
Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.
Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.
FDC educator, in relation to an FDC service in a State or Territory, means a family day care educator within the meaning of the Education and Care Services National Law.
FDC service, in a State or Territory, means a family day care service within the meaning of the Education and Care Services National Law.
government agency means:
(a)
the Commonwealth, a State or a Territory; or
(b)
an authority of the Commonwealth or of a State or a Territory.
harm has the meaning given by section 9 (Circumstances in which a child is taken to be at risk of serious abuse or neglect—child at risk of suffering harm).
health agencymeans a government agency with responsibility for human health.
IHC educator means an individual employed, contracted or otherwise engaged by an approved provider for the purposes of providing child care by an IHC service.
IHC service is short for in home care service.
IHC Support Agency has the meaning given by subsection 49B(2).
immediate family member has the meaning given by section 20.
in a formal foster care arrangement has the meaning given by section 8E.
Indigenous child means a child who is an Aboriginal person or a Torres Strait Islander within the meaning of the Aboriginal and Torres Strait Islander Act 2005.
Jobs for Families Act means the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017.
long term protection order means a final protection or welfare order made under a law of a state or territory that gives—
(a)
a Minister of the Crown in right of a State;
(b)
a government department or statutory authority;
(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
(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.
multiple child session of care means a session of care provided by an in home care service to more than one child.
neglect has the meaning given by section 9 (Circumstances in which a child is taken to be at risk of serious abuse or neglect—child at risk of suffering harm).
period of emergencymeans a period in respect of which an event (an emergency) has occurred that:
(a)
affects a widespread area; and
(b)
has a severe impact on the lives of a significant number of the inhabitants of the area; and
(c)
prevents, or may prevent, children from attending the service, or may make such attendance hazardous.
Note: Where a period of emergency exists for an area, the Department may list the period of emergency on its website for clarity.
registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
remote area child has the meaning given by section 8.
Note: A term used in these Rules that is defined in the Family Assistance Act or the Family Assistance Administration Act has the same meaning as it has in the relevant Act (see subsection 3(2) of each of those Acts and paragraph 13(1)(b) of the Legislation Act 2003).

Division 2Interpretative matters5Determining that an individual is taken to be an Australian resident

(1)
Under subsection 8(3) of the Family Assistance Act, for paragraph 8(1)(a) of that Act, the Secretary must have regard to the following matters in considering whether hardship would be caused to an individual if the individual were not treated as an Australian resident:
1. (a)
  whether the individual has, since arriving in Australia, experienced an event which was not reasonably foreseeable and which has substantially reduced her or his ability to pay child care fees; and
2. (b)
  if so:
  1. (i)
    how long ago that event occurred; and
  2. (ii)
    the continuing effect of the event in causing hardship if the individual were not treated as an Australian resident; and
  3. (iii)
    whether it is in the best interests of the child to attend child care.
(2)
However, for paragraph (1)(a), the following events are not to be considered:
1. (a)
  currency fluctuations;
2. (b)
  an increase in fees charged by an approved child care service;
3. (c)
  a reduction in an individual’s available income due to routine or unnecessary expenditure.

5AWhat constitutes a session of care?

(1)
For the purposes of subsection 9(1) of the Family Assistance Act, this section prescribes what constitutes a session of care for the purposes of that Act.
(2)
A session of care is the minimum period of time in respect of which an approved provider imposes a liability on an individualby charging a fee for providing child care by an approved child care service.
(3)
A session of care:
1. (a)
  may start on one day and end on the next day; and
2. (b)
  may be of any length up to, but not exceeding, 12 hours.
  Note: Section 8 of these Rules sets out circumstances in which there is no eligibility for CCS for a session of care, including where during any part of the session, the child is attending school, or engaged in a formal schooling program (including a home schooling or distance education program). As a result, sessions of before and after school care should not be reported to overlap with the child’s school hours.
(4)
A session of care that starts on one day (the first day) and ends on the next day is to be treated, for the purposes of the Family Assistance Act, as having occurred on the first day.

5BDays on which sessions of care are taken to be provided – absences before child’s first attendance or after child’s last attendance

(1)
For the purposes of subsections 10(2A) and (3A) of the Family Assistance Act, this section sets out the circumstances in which subparagraphs 10(2)(b)(ii) and (iii) and (3)(c)(ii) and (iii) of that Act do not apply.
Note: If a circumstance in this section exists, a child care service can be taken to have provided a session of care to a child on a day:
(a) before the child first attends a session of care with the service; or
(b) after the child last attends a session of care with the service.
(2)
The circumstances are as follows:
1. (a)
  both:
  1. (i)
    the child is absent from a session of care on a day in the extended period because of a reason specified in subsection 10(4) of the Family Assistance Act; and
  2. (ii)
    if paragraph 10(3)(e) of that Act will apply in relation to the absence, the service has been given a certificate that was issued by a medical practitioner in relation to the illness;
2. (b)
  the ownership of the child care service changes during the extended period;
3. (c)
  the child care service closes during the extended period and the child attends a session of care provided by:
  1. (i)
    where the service is an FDC service or an IHC service—the service at another location; or
  2. (ii)
    another child care service of the approved provider;”.
4. (d)
  the family of the child experiences a tragedy within the period beginning 28 days before the day in the extended period on which the absence occurs.
  Note: For subparagraph (a)(i), see section 6 of these Rules for additional reasons prescribed for the purposes of subsection 10(4) of the Family Assistance Act.
(3)
For the purposes of subsection (2), each of the following periods are the extended period:
1. (a)
  the period:
  1. (i)
    beginning on the sixth day before the day (the first attendance day) on which the child first attends a session of care provided by the child care service; and
  2. (ii)
    ending on the first attendance day;
2. (b)
  the period:
  1. (i)
    beginning on the day (the last attendance day) the child last attends a session of care provided by the service before the child ceases to be enrolled for care by the service; and
  2. (ii)
    ending on thesixth day after the last attendance day.
(4)
For the purposes of paragraph (2)(d), but without limiting that paragraph, the family of the child experiences a tragedy if:
1. (a)
  an immediate family member of the child experiences a serious injury or illness or dies; or
2. (b)
  an individual who cares for the child ceases to be a member of a couple, including because the individual’s marriage, de facto relationship or registered relationship has ended; or
3. (c)
  the child, an individual who cares for the child or an immediate family member is the victim of:
  1. (i)
    a serious crime; or
  2. (ii)
    domestic violence; or
4. (d)
  an event has occurred that has resulted in the child’s principal home being lost or sustaining major damage.

5BAWhen is an IHC or an FDC service closed?

For the purposes of these Rules, an FDC service or an IHC service is closed if:
(a)
the whole service is closed; or
(b)
in relation to a session of care that the service provides or is taken to provide at a particular location—there is no educator at the service who is willing and able to provide the session at that location.

5CDays on which sessions of care are taken to be provided – period of emergency

For subparagraph 10(2)(c)(ii) of the Family Assistance Act, the conditions referred to in subsection 10(2AA) of that Act are met in relation to a session of care and a day in a financial year in the following circumstances:
(a)
the day is on or after 23 February 2022; and
(b) the day is during a period of emergency; and
(c)
the child did not attend any part of the session of care:
(i)
because the service is closed during the period of emergency; or
(ii)
the child cannot attend the session of care as a direct result of the emergency.
Example: A service is flooded; or staff are unable to travel to the service because the roads are closed.

5DDays on which sessions of care are taken to be provided – circumstances in which medical certificate not required

For the purposes of subsection 10(3A) of the Family Assistance Act, paragraph 10(3)(e) does not apply to a day in the following circumstances:
(a)
the illness referred to in paragraph 10(4)(a) or (b) of that Act is COVID‑19; and
(b)
the person referred to in paragraph 10(4)(a) or (b) of that Act returned a positive COVID‑19 test result in the seven day period ending on the day; and
(c)
the service has been given a copy of a notice of the positive COVID‑19 test result by a pathology service or a government agency.

6Reasons for additional absences

(1)
For paragraph 10(4)(e) of the Family Assistance Act, a child care service is taken to have provided a session of care to a child on a day in a financial year where the absence on that day is directly due to one of the following reasons:
1. (a)
  where:
  1. (i)
    the child has not been immunised against a particular infectious disease; and
  2. (ii)
    the absence occurs during an immunisation grace period in respect of the child (see subsection 67CD(9) of the Family Assistance Administration Act); and
  3. (iii)
    the provider of the service holds a written statement given by a medical practitioner which certifies that exposure to the infectious disease would pose a health risk to the child;
2. (b)
  where:
  1. (i)
    the provider of the service holds a copy of a court order (including a parenting order within the meaning of section 64B of the Family Law Act 1975), a registered parenting plan or a parenting plan in relation to the child; and
  2. (ii)
    that order or plan requires the child to spend time with a person other than the individual in whose care the child usually is; and
  3. (iii)
    the absence occurs because the child spends time with that other person;
3. (c)
  where the service is closed as a direct result of a period of emergency;
4. (d)
  where the child cannot attend as a direct result of a period of emergency (for example, because they are unable to travel to the service), if:
  1. (i)
    the period is still underway; or
  2. (ii)
    the period ended not more than 28 days before the absence;
5. (e)
  where the absence is due to the individual in whose care the child is, deciding the child should not attend the service for up to seven days immediately following the end of a period of emergency.

7Child care service payments

For paragraph (b) of the definition of child care service payment in subsection 3(1) of the Family Assistance Administration Act, any payments made under a funding agreement associated with the following grant programs are prescribed:
(a)
the Community Child Care Fund;
(b)
the Inclusion Support Programme;
(c)
the Interim Home Based Carer Subsidy Pilot Programme;
(d)
In Home Care Support.

7AMeaning of ceases to operate any approved child care service

(1)
For the purposes of section 197H of the Family Assistance Administration Act, a provider ceases to operate all the approved child care services of the provider if one or more of the following circumstances applies to the provider:
1. (a)
  all approved services of the provider cease to provide child care and the Secretary is satisfied that the provider does not intend to resume providing child care;
2. (b)
  if the provider is a body corporate—the body corporate is deregistered (within the meaning of the Corporations Act 2001);
3. (c)
  if the provider is a partnership—the partnership is dissolved;
4. (d)
  if the provider is an entity or body prescribed by the Minister’s rules for the purposes of paragraph 194A(1)(d) of the Family Assistance Administration Act—the body or entity ceases to exist;
5. (e)
  if the provider is an individual—the individual dies;
6. (f)
  the Secretary is satisfied that the provider no longer directly controls, manages or directs the provision of child care provided by the provider.
(2)
For the purposes of paragraph (1)(a), disregard subsection 601AH(5) of the Corporations Act 2001 (about reinstatement after deregistration).

7BMeaning of ceases to operate a child care service

For the purposes of section 197J of the Family Assistance Administration Act, a provider ceases to operate an approved child care service of the provider if one or more of the following circumstances applies to the service:
(a)
the service ceases to provide child care and the Secretary is satisfied that the provider does not intend that the service will resume providing child care;
(b)
the Secretary is satisfied that the provider no longer directly controls, manages or directs the provision of child care provided by the service.

Part 2Eligibility for child care subsidy and additional child care subsidyDivision 1Circumstances where no one is eligible for a session of care8Prescribed circumstances where no eligibility for a session of care

(1)
For subparagraph 85BA(1)(c)(iii) of the Family Assistance Act, the following are circumstances in which a session of care is provided for which there is no eligibility for CCS:
1. (a)
  where the care is provided aboard a transportation vehicle (such as a bus), unless the transport is merely incidental to a session of care being provided (such as to take children on an outing);
2. (b)
  except for care provided by an IHC service, where the care is provided in a domestic living arrangement on residential premises where:
  1. (i)
    the care is provided in the child’s own home; or
  2. (ii)
    an individual for whom the child is an FTB child or a regular care child (including a parent of the child) remains present at the location where the care is being provided, whilst the care is taking place;

1. (c)
  where the session of care is provided by an individual as referred to in section 195D of the Family Assistance Administration Act (conditions for continued approval—working with children check), in circumstances where the provider:
  1. (i)
    is in breach of that section by not ensuring that an individual covered by the section has a current working with children check; or
  2. (ii)
    fails to provide evidence of a working with children check if requested to do so by the Secretary under section 43 of these Rules; or
  3. (iii)
    fails to comply with the requirement at item 17 of the table in section 55 of these Rules to notify the Secretary of changes in the status of a current working with children check within 24 hours after the provider becomes aware of the change of status;
2. (d)
  where the session of care is provided by an FDC service to a child who is an FTB child or regular care child of an FDC educator, or a partner of an FDC educator, and where the session occurs on a day that the FDC educator provides care at an FDC service, unless one of the circumstances in subsection (2) apply;
3. (da)
  where the session of care is provided by an IHC service to a child who is an FTB child or regular care child of an IHC educator, or a partner of an IHC educator, and where the session occurs on a day that the IHC educator provides care at an IHC service;
4. (e)
  where the session of care is provided to children who are in the relationships with an FDC educator of the service, or their partner, as set out in subsection (3), who provides the care at an FDC service;
5. (ea)
  except where subsection (4A) applies, where the session of care is provided by an IHC educator to children who are in one of the relationships, as set out below, with the IHC educator, or their partner:
  1. (i)
    FTB child;
  2. (ii)
    regular care child;
  3. (iii)
    foster care child;
  4. (iv)
    biological or adopted child;
  5. (v)
    brother, sister, half‑brother, half‑sister, step‑brother or step‑sister;
  (vi) grandchild, great‑grandchild, nephew, niece or cousin;
  1. (vii)
    foster grandchild, foster great‑grandchild, foster nephew, foster niece or foster cousin;
  2. (viii)
    a child (not mentioned in subparagraphs (i) to (vii)) for whom the IHC educator or their partner has legal responsibility, as described in paragraph 22(5)(a) or (b) of the Family Assistance Act;
6. (f)
  where, during any part of the session, the child is attending school, or engaged in a formal schooling program (including a home schooling or distance education program);
7. (g)
  where the session of care is taken to have been provided on a day covered by subsection (4B).
(2)
The circumstances for paragraph (1)(d) are:
1. (a)
  the child is an eligible disability child of the individual; or
2. (b)
  the child is an eligible ISP child of the individual; or
3. (c)
  the child is a remote area child of the individual; or
4. (d)
  the FDC educator:
  1. (i)
    is required to work for at least 2 hours on the care day in paid work which is not for an approved FDC service; and
  2. (ii)
    has provided documentary evidence, in accordance with subsection (4), to the provider of the FDC service that the FDC educator is usually required to work at the time the session of care is provided; or
5. (e)
  the FDC educator:
  1. (i)
    is enrolled in a program or course of education or training towards a recognised qualification (at Certificate III level or above) provided by a registered training organisation; and
  2. (ii)
    is engaged in scheduled activities for the purposes of the program or course on the care day that overlap with the session of care; and
  3. (iii)
    has provided documentary evidence, in accordance with subsection (4), to the provider of the FDC service that the FDC educator usually studies at the time the session of care is provided.
(3)
The relationships for paragraph (1)(e) are where the child is one (or more) of the following with respect to the FDC educator or the partner of the FDC educator:
1. (a)
  FTB child;
2. (b)
  regular care child;
3. (c)
  foster care child;
4. (d)
  biological or adopted child;
5. (e)
  brother, sister, half‑brother, half‑sister, step‑brother or step‑sister;
6. (f)
  a child (not mentioned in paragraphs (a) to (e)) for whom the FDC educator or partner has legal responsibility, as described in paragraph 22(5)(a) or (b) of the Family Assistance Act.
(4)
Documentary evidence is provided in accordance with this subsection where:
1. (a)
  it has been provided by the time that the provider is required to submit an attendance report under section 204B of the Family Assistance Administration Act for the first session of care to which the evidence relates; and
2. (b)
  the provider has met the requirements to keep a register, as set out in section 56 of these Rules, in relation to the evidence; and
3. (c)
  if the evidence relates to the requirement to work referred to in subparagraph 8(2)(d)(ii), the evidence is an employment contract or a payslip, showing usual hours of work (but where the contract or payslip does not show usual hours of work, a letter signed by the relevant employer is required stating usual hours of work); and
4. (d)
  if the evidence relates to the study referred to in subparagraph 8(2)(e)(iii), the evidence is a copy of an enrolment form detailing the times that the individual is usually required to study (but where the form does not provide such details, it must be supplemented with additional documentary evidence, such as an official course timetable).
(4A)
This subsection applies where:
1. (a)
  an IHC Support Agency has made a recommendation that the session of care should be one in respect to which an individual is eligible; and
2. (b)
  the premises at which the session of care is provided is in an area designated as ‘very remote Australia’ in accordance with the Australian Statistical Geography Standard (ASGS) Edition 3 – Remoteness Structure, March 2023, as published by the Australian Bureau of Statistics; and
3. (c)
  there is no IHC educator reasonably available who is not in the relationships with children described in paragraph (1)(ea); and
4. (d)
  the child is:
  1. (i)
    the grandchild, great‑grandchild, nephew, niece or cousin of the IHC educator or the educator’s partner; or
  2. (ii)
    the foster grandchild, foster great‑grandchild, foster nephew, foster niece or foster cousin of the IHC educator or the educator’s partner.
(4B)
For the purposes of paragraph (1)(g), a day is covered by this subsection if:
1. (a)
  on the day, a session of care is not provided because the child care service that would otherwise provide that session is closed; and
2. (b)
  the child care service is closed for a reason other than:
  1. (i)
    a public holiday; or
  2. (ii)
    during a period of emergency, as a direct result of that emergency.
  Note: A child care service is not closed for the purposes of this subsection if only part of the service is closed.
(5)
In this section:
eligible disability child of an individual means:
1. (a)
  a child of the individual who has been diagnosed by a medical practitioner as suffering from one or more of the conditions listed in Schedule 1; or
2. (b)
  a child of the individual who has been diagnosed as suffering from one or more of the conditions listed in Schedule 2 by a psychologist who:
  1. (i)
    is registered with a Board established under a law of a State or Territory that registers psychologists in that State or Territory; and
  2. (ii)
    has qualifications or experience in assessing impairment in children;
and where:
1. (c)
  documentary evidence of the diagnosis has been provided to the provider of the service providing care to the child in accordance with subsection (4); and
2. (d)
  the diagnosis was obtained within a period of 24 months prior to the provision of the documentary evidence to the provider of the service, unless the diagnosis is, or is likely to be, permanent.
eligible ISP child of an individual means a child of the individual in respect of whom an approved child care service that is an FDC service is receiving funding, under a funding agreement entered into under the auspices of the Commonwealth Inclusion Support Programme, of IDF Family Day Care Top Up (as referred to in the Inclusion Support Programme Guidelines 2016‑2017 to 2018‑2019), but only if:
1. (a)
  the child is undergoing assessment for disability (including an ongoing or continuous assessment, as described in those Guidelines); and
2. (b)
  documentary evidence has been provided to the provider of the service providing care to the child in accordance with subsection (3).
engaged in scheduled activities means:
1. (a)
  the individual is engaged in an activity on the care day that is part of a formal timetable of activities provided by the registered training organisation, and where participation in that activity can only reasonably occur at a set time on the care day; and
2. (b)
  without limitation, could involve attending a lecture (in person, or online) or undertaking an exam, which is only scheduled at a set time on the day during which the session of care occurs;
however does not mean:
1. (c)
  engaging in activities that are outside of the individual’s formal timetable, such as where the individual is engaged in homework, group activity, viewing a pre‑recorded lecture or assessment work; or
2. (d)
  engaging in activity on a day that is not the day during which the session of care occurs and during a time that would not usually overlap or conflict with the session of care.
remote area child of an individual means an FTB child or regular child of the individual, if:
1. (a)
  the child resides in an area designated as ‘remote Australia’ or ‘very remote Australia’ in accordance with the Australian Statistical Geography Standard (ASGS) Edition 3 – Remoteness Structure, March 2023, as published by the Australian Bureau of Statistics; and
2. (b)
  documentary evidence of the child’s residence has been provided to the provider of the approved FDC service providing care to the child in accordance with subsection (4).
  Note: Documentary evidence of a child’s residence could include a copy of the individual’s (in relation to whom the child is an FTB child or a regular care child) current driver’s licence, or a recent utility bill sent to the address where the individual and child reside, or a statutory declaration.

Division 1AARequirements for eligibility for kinds of approved child care services8AAIn home care services

(1)
For the purposes of paragraph 85BA(1)(e) of the Family Assistance Act:
1. (a)
  an in home care service is prescribed; and
2. (b)
  the requirements in subsection (2) are the requirements that must be met by the in home care service.
  Note: If the Secretary determines that the requirements are not met, an individual will not be eligible for CCS for a session of care provided by the in home care service to a child: see section 85BA of the Family Assistance Act.
(2)
The requirements are as follows:
1. (a)
  the individual that would be eligible for CCS for a session of care provided by the in home care service to a child can demonstrate that no other kinds of approved child care are suitable or available; and
2. (b)
  at least one of the following applies:
  1. (i)
    the parents or carers of the child work non‑standard or variable hours that are outside normal child care service hours;
  2. (ii)
    the parents or carers of the child are geographically isolated from other types of approved child care, including because they reside in a rural or remote location;
  3. (iii)
    the family of the child has challenging or complex needs.

Division 1APrescribed classes of children for eligibility for CCS or ACCS8APurpose of prescribing classes of children in this Division

Classes of children are prescribed in this Division so that an individual may be able to be eligible for CCS or ACCS, or that an approved provider of an approved child care service may be able to be eligible for ACCS (child wellbeing), for a session of care in relation to such children, notwithstanding the restriction in subparagraphs 85BA(1)(a)(ii) and 85CA(2)(b)(ii) of the Family Assistance Act (which limits CCS and ACCS eligibility in relation to children who are 13 or under and who do not attend secondary school).

8BChildren 13 years or under who are attending secondary school who do not have a prescribed disability or prescribed medical condition

For paragraphs 85BA(2)(a) and 85CA(3)(a) of the Family Assistance Act, the following class of children is prescribed:
(a)
children who do not meet the medical or disability requirements set out in subsection 8C(2); and
(b)
are 13 years or under and are attending secondary school; and
(c)
who cannot reasonably be left alone; and
(d)
are children for whom no one aged 18 years or older is able to provide suitable care outside of an approved child care service.

8CChildren who have a prescribed disability or prescribed medical condition

(1)
For paragraphs 85BA(2)(a) and 85CA(3)(a) of the Family Assistance Act, the following class of children is prescribed:
1. (a)
  children who:
  1. (i)
    are 14 years or older; or
  2. (ii)
    are 13 years or under and are attending secondary school; and
2. (b)
  who meet the medical or disability requirements set out in subsection (2); and
3. (c)
  who cannot reasonably be left alone; and
4. (d)
  are children for whom no one aged 18 years or older is able to provide suitable care outside of an approved child care service; and
5. (e)
  where the child is 16, 17 or 18 years old, the Secretary is satisfied that there are exceptional circumstances that justify CCS or ACCS eligibility.
(2)
The disability or medical requirements as referred to in paragraph (1)(b) and paragraph 8B(a) are as follows:
1. (a)
  the child has been diagnosed with, or is undergoing an assessment for, one or more of the conditions listed in Schedule 1 by a medical practitioner; or
2. (b)
  the child has been diagnosed with, or is undergoing an assessment for, one or more of the conditions listed in Schedule 2 by a psychologist who:
  1. (i)
    is registered with a Board established under a law of a State or Territory that registers psychologists in that State or Territory; and
  2. (ii)
    has qualifications or experience in assessing impairment in children; or
3. (c)
  the child has been diagnosed with, or is undergoing assessment for, a condition that is referred to in Part 2 of Schedule 3 to the Disability Care Load Assessment (Child) Determination 2020 by a medical practitioner; or
4. (d)
  the child has become a participant in the National Disability Insurance Scheme launch under section 28 of the National Disability Insurance Scheme Act 2013; or
5. (e)
  the Secretary is otherwise satisfied that the child has, or is being assessed for, a disability and makes a determination to that effect.

8DConditions in relation to the classes of children prescribed in sections 8B and 8C

For paragraphs 85BA(2)(b) and 85CA(3)(b) of the Family Assistance Act, the following conditions are prescribed, as applicable:
(a)
in relation to all prescribed children—an individual, in respect of eligibility for CCS or ACCS, or an approved provider, in respect of eligibility for ACCS (child wellbeing), as applicable, must provide a statutory declaration to the Secretary in the form prescribed under the Statutory Declarations Act 1959 (Cth) that attests to the matters referred to in paragraphs 8B(c) and (d) and 8C(1)(c) and (d) (being that the child cannot be left alone and that there is no adult able to provide suitable care) and provides an explanation as to why those matters are the case;
(b)
where the child meets the disability or medical requirements referred to in paragraphs 8C(2)(a), (b), (c) or (e), and where a diagnosis has been made in relation to a permanent condition—documentary evidence has been provided of the diagnosis to the satisfaction of the Secretary;
(c)
where the child meets the disability or medical requirements referred to in paragraphs 8C(2)(a), (b), (c) or (e), and where a diagnosis has been made in relation to a condition that is not permanent or where the child is still undergoing assessment—documentary evidence of the diagnosis or assessment has been provided to the Secretary that was obtained within a period of 24 months prior to its provision and is to the satisfaction of the Secretary;
(d)
where the child meets the disability or medical requirements referred to in paragraph 8C(2)(d)—evidence that the child is a participant in the National Disability Insurance Scheme launch has been provided to the Secretary;
(e)
where the child is one that the Secretary is otherwise satisfied as referred to in paragraph 8C(2)(e)—the Secretary has provided a notice to that effect to the individual or provider that is eligible for CCS or ACCS in relation to the child.

Division 1BPrescribed classes of children for eligibility for ACCS (child wellbeing)8EChildren who are in a formal foster care arrangement

(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)
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.

Division 2When children are at risk of serious abuse or neglect for ACCS (child wellbeing)9Circumstances in which a child is taken to be at risk of serious abuse or neglect – child at risk of suffering harm

(1)
For subsection 85CA(4) of the Family Assistance Act, a child is taken to be at risk of serious abuse or neglect if the child is at risk of suffering harm as a result of being subject to, or exposed to, one or more of the following events:
1. (a)
  serious physical, emotional or psychological abuse;
2. (b)
  sexual abuse;
3. (c)
  domestic or family violence;
4. (d)
  neglect.
(2)
For subsection (1), a child is at risk if:
1. (a)
  the child is currently experiencing one or more of the events set out in subsection (1); or
2. (b)
  the risk of the child experiencing one or more of the events in the future is real and apparent.
(3)
A child may be taken to be at risk of suffering harm in relation to an event mentioned in subsection (1) even if the event occurred before:
1. (a)
  a certificate in relation to the child was given under section 85CB of the Family Assistance Act; or
2. (b)
  an application in relation to the child was made under subsection 85CE(1) of that Act.
(4)
In this section:
harm means any detriment to the child’s wellbeing.
neglect means a failure to be provided with the basic needs that are essential for the child’s physical and emotional wellbeing.

10Circumstances in which a child is taken to be at risk of serious abuse or neglect – child in need of care etc. under State or Territory law

For subsection 85CA(4) of the Family Assistance Act, a child is taken to be at risk of serious abuse or neglect if:
(a)
where the child is a resident of the Australian Capital Territory at the time the session of care is provided—the child is in need of care and protection under the Children and Young People Act 2008 (ACT); or
(b)
where the child is a resident of New South Wales at the time the session of care is provided—the child is at risk of significant harm under the Children and Young Persons (Care and Protection) Act 1998 (NSW); or
(c)
where the child is a resident of the Northern Territory at the time the session of care is provided—the child is in need of care and protection under the Care and Protection of Children Act (NT); or
(d)
where the child is a resident of Queensland at the time the session of care is provided—the child is in need of protection under the Child Protection Act 1999 (Qld); or
(e)
where the child is a resident of South Australia at the time the session of care is provided—the child is at risk within the meaning of section 18 of the Children and Young People (Safety) Act 2017 (SA); or

(f)
where the child is a resident of Tasmania at the time the session of care is provided—the child is at risk under the Children, Young Persons and Their Families Act 1997 (Tas); or
(g)
where the child is a resident of Victoria at the time the session of care is provided—the child is in need of protection under the Children, Youth and Families Act 2005 (Vic); or
(h)
where the child is a resident of Western Australia at the time the session of care is provided—the child is in need of protection under the Children and Community Services Act 2004 (WA); or
(i)
where the child is in a formal foster care arrangement; or
(j)
for the period between 1 July 2022 to 30 June 2026—where the child is enrolled at one of the four services participating in the Commonwealth‑supported intensive early childhood education and care model trial overseen by Parkville Institute Ltd.

11Circumstances in which a child is not taken to be at risk of serious abuse or neglect

(1)
Subject to subsection (2), a child is not taken to be at risk of serious abuse or neglect solely because:
1. (a)
  of the income of the individual or individuals with respect to whom the child is an FTB child or regular care child; or
2. (b)
  of the ethnic, cultural, religious or racial background of the child or the child’s immediate family; or
3. (c)
  of the geographical location in which the child and the child’s immediate family resides; or
4. (d)
  the child’s place of residence is, statistically, an area of socio‑economic disadvantage; or
5. (e)
  the child is likely to benefit from early childhood education and care programs; or
6. (f)
  the child has a disability; or
7. (g)
  the child is in a foster care or kinship care arrangement.
(2)
Where a circumstance listed in subsection (1) applies in relation to a child, that circumstance may only be considered:
1. (a)
  in conjunction with other circumstances or matters; and
2. (b)
  only to the extent that it is relevant to determining whether a child is taken to be at risk of serious abuse or neglect in accordance with section 9.

Division 2ACircumstances relevant to ACCS (child wellbeing) certificates and determinations11AExceptional 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:
(a)
the eligible individual, their partner, or the child is affected by domestic or family violence;
(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 or their partner from working or caring for their child;
(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;
(ca)
the child is in a formal foster care arrangement (within the meaning of section 8E of these Rules);
(d)
a long term protection order is in place in respect of the child;
(e)
the eligible individual, their partner or the child is homeless;
(f)
the eligible individual, their partner or the child is affected by the harmful use of alcohol or another drug.

11BCircumstances 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:
(a)
the child is in a formal foster care arrangement (within the meaning of section 8E of these Rules); or
(b)
a long term protection order is in place in respect of the child; or
(c)
for the period between 1 July 2022 to 30 June 2026—the child is enrolled at one of the four services participating in the Commonwealth‑supported intensive early childhood education and care model trial overseen by Parkville Institute Ltd.

Division 3Temporary financial hardship12Circumstances in which an individual is taken to be experiencing temporary financial hardship

(1)
For subsection 85CG(2) of the Family Assistance Act, an individual is taken to be experiencing temporary financial hardship if:
1. (a)
  the individual has had a substantial reduction in her or his ability to pay child care fees as a result of any of the circumstances described in subsection (2) of this section; and
2. (b)
  the circumstance described in subsection (2) occurred in relation to the individual on a day that is no earlier than 6 months before the day the application for ACCS (temporary financial hardship) was made.
(2)
For subsection (1), the circumstances are as follows:
1. (a)
  the death of a partner or child of the individual;
2. (b)
  a loss of employment of the individual, or a partner of the individual, other than due to resignation or retirement;
3. (c)
  a loss of income or business failure of the individual, or a partner of the individual, due to circumstances outside of the control of the individual or of the partner (such as serious illness);
4. (d)
  a loss of income of the individual, due to the death of a former partner, where the former partner was providing ongoing financial assistance in relation to the child under child support arrangements;
5. (e)
  the individual, or a partner of the individual, being adversely affected by a major disaster event;
6. (f)
  the destruction of, or severe damage to, the home of the individual, or of a partner of the individual;
7. (g)
  the individual having to leave home, and not being able to return because of an extreme circumstance (such as domestic violence);
8. (h)
  the individual still living at home after being subjected to domestic violence by a family member who has left or has been removed from the home.

Division 3AEligibility for ACCS (grandparent)12ACriteria for eligibility for ACCS (grandparent) – payments under the ABSTUDY scheme

For the purposes of subparagraph 85CJ(1)(d)(vi) of the Family Assistance Act, payments made under the ABSTUDY scheme, to the extent that the payments provide means tested allowances, are prescribed.

Division 4Transition to work13Additional eligibility requirements for ACCS (transition to work)

(1)
For paragraph 85CK(1)(c) of the Family Assistance Act, the prescribed requirements that must be met by an individual at the start of a CCS fortnight to which a session of care relates are:
1. (a)
  the requirements (the activity requirements) set out in subsection (2); and
2. (b)
  the requirements (the income requirements) set out in subsection (3).
(2)
In order for an individual to meet the activity requirements, the individual must meet at least one of the following during the period provided by subsections (12) and (13):
1. (a)
  the requirements (the study requirements) set out in subsections (7) and (8);
2. (b)
  the requirements (the job search requirements) set out in subsection (10);
3. (c)
  the requirements (the work/training requirements) set out in subsection (11).
Income requirements
(3)
An individual meets the income requirements where the estimate of the individual’s adjusted taxable income that would be used to determine the individual’s entitlement to CCS for the week to which the session of care relates, including as determined by Division 4 of Part 3A of the Family Assistance Administration Act, is equal to or lower than the lower income (base rate) threshold (as referred to in clause 3 of Schedule 2 to the Family Assistance Act).
Note: Adjusted taxable income is defined in Schedule 3 to the Family Assistance Act to include the income of any partner of the individual as set out in that Schedule.
Study requirements

(7)

An individual meets the study requirements in relation to an approved course of education or study if:

(a)
the course is of the following type or of the following level:
1. (i)
  a secondary course within the meaning of Schedule 1 to the Student Assistance (Education Institutions and Courses) Determination 2019;
2. (ii)
  a preparatory course within the meaning of the Student Assistance (Education Institutions and Courses) Determination 2019;
3. (iii)
  level 2 (Certificate II) through to level 8 (up to Graduate Diploma) of the Australian Qualifications Framework; and
Note: For approved course of education or study, see subsection 541B(5) of the Social Security Act 1991 and subsection 3(1) of the Family Assistance Act.
(b)
the individual is making satisfactory progress in that course of education or study; and
(c)
where the course of education or study is of a kind described in subparagraph (a)(iii), the study occurs at a level that is above any level that the individual has already studied at within the last 10 years, unless:
1. (i)
  on a single occasion, the individual studied a course of education or study at a higher level than the level at which they are currently studying for a period of less than 6 weeks; or
2. (ii)
  the individual has, only once, begun studying at a level below a qualification already achieved, where the study (if completed) will qualify the individual for an occupation listed in the list known as the Skills Priority List (prepared by Jobs and Skills Australia, and as existing from time to time) and the study involves progression towards a qualification that the individual has not already studied towards; or
3. (iii)
  on 1 July 2018, the individual is in receipt of the payment known as Jobs Education and Training (JET) Child Care Fee Assistance that is paid by the Commonwealth in respect of a course of education or study and the individual was engaged in that course of education or study on that day.
Note: The Skills Priority List could in 2024 be viewed on the Jobs and Skills Australia website at exception in subparagraph (7)(c)(iii) only applies to the individual for that course of education or study referred to in that subparagraph.
(9)
For this section, the Australian Qualifications Framework is the second edition of the publication of that name (which could in 2024 be viewed on the Australian Qualifications Framework website at search requirements
(10)
An individual meets the job search requirements where the individual is actively looking for work and can provide evidence to the Secretary that he or she is looking for work.
Work/training requirements
(11)
An individual meets the work/training requirements where he or she is participating in any of the following activities:
1. (a)
  paid work;
2. (b)
  actively setting up a business;
3. (c)
  unpaid work (including a work experience placement or an internship);
4. (d)
  a vocational training or other program which, in the opinion of the Secretary, has a reasonable likelihood of improving the individual’s employment prospects.
Time limits
(12)
Subject to subsections (15) and (16), the period during which an individual is eligible for ACCS (transition to work) under subsection 85CK(1) of the Assistance Act is limited to the period set out in the table below, unless subsections (13) and (14) apply:

Item	Where the individual is meeting the following requirements:	The individual is only eligible during the following period:
1	The study requirements	(a) where the course is at level 2 (Certificate II) to 6 (Advanced Diploma, Associate Degree) (inclusive) and level 8 (Bachelor Honours Degree, Graduate Certificate, Graduate Diploma) of the Australian Qualifications Framework—104 weeks for each course studied on a full‑time basis or 208 weeks for each course studied on a part‑time basis; or (b) where the course is at level 7 (Bachelor Degree) of the Australian Qualifications Framework—156 weeks for each course studied on a full‑time basis or 312 weeks for each course studied on a part‑time basis; or (c) where the course is a secondary course within the meaning of Schedule 1 of the Student Assistance (Education Institutions and Courses) Determination 2019 or a preparatory course within the meaning of that Determination, 104 weeks for full‑time study, or 208 weeks for part‑time study
2	The job search requirements	26 weeks
3	The work/training requirements set out in paragraphs (11)(a), (b) or (c)	26 weeks
4	The work/training requirement relating to training set out in paragraph (11)(d)	52 weeks full‑time or 104 weeks part‑time
5	The work/training requirement relating to employment prospects set out in paragraph (11)(d)	52 weeks

(13)
This subsection applies if, on 1 July 2018:
1. (a)
  the individual was engaged in a course of education or study for the purposes of meeting the study requirements; and
2. (b)
  the individual was in receipt of the payment, known as Jobs Education and Training (JET) Child Care Fee Assistance that is paid by the Commonwealth.
(14)
Where subsection (13) applies to an individual, the maximum period during which the individual is eligible for ACCS (transition to work) is worked out as follows:
the applicable number of weeks set out in the right hand column of item 1 of the table in subsection (12) minus the number of weeks the individual has already engaged in the study requirements referred to in that item.
(15)
The period referred to in item 1 of the table in subsection (12) relates to each new course of education or study that the individual studies.
Example: Lyndal completes a Certificate II level qualification and, once completed, begins a Bachelor Degree—when she begins study towards the Bachelor Degree, she has a new period of 156 weeks (full‑time) during which she can remain eligible for ACCS (transition to work).
(16)
The periods referred to in items 2 to 5 of the table in subsection (12) apply to an individual only once in their lifetime, so that the period accrues as an aggregate for each activity.
Example: Michelle trains for 52 weeks, full‑time, as described in item 4 of that table—following that period she is unable to remain eligible for ACCS (transition to work) where she continues to train beyond those 52 weeks. However, she could be eligible if she subsequently begins a course of education or study referred to in item 1, or if she begins another activity referred to in items 2, 3 or 5.

14Additional eligibility requirements for individuals who ceased receiving transition to work payment fewer than 12 weeks ago

For paragraph 85CK(2)(c) of the Family Assistance Act, the requirements are that:
(a)
the individual was eligible for ACCS (transition to work) under subsection 85CK(1) for one or more sessions of care in the CCS fortnight preceding the CCS fortnight in which the session of care was provided; and
(b)
the individual was engaged in paid work in the CCS fortnight in which the session of care was provided and the individual is able to provide evidence of that engagement; and
(c)
the individual did not stop receiving a transition to work payment solely because he or she became a member of a couple (including a member of a new couple) resulting in the person no longer being qualified for, or meeting the income or assets test requirements to be paid, the payment.

15Transition to work payments

For paragraph 85CK(3)(b) of the Family Assistance Act, the payments are as follows:
(a)
carer payment under the Social Security Act 1991;
(b)
special benefit under the Social Security Act 1991;
(c)
austudy payment under the Social Security Act 1991;
(d)
a payment made under the ABSTUDY Scheme to the extent that it provides means tested allowances;
(e)
farm household allowance under the Farm Household Support Act 2014;
(f)
parenting payment under the Social Security Act 1991, as paid to individuals who are not subject to requirements under subsections 500(2A) or 500(2B) of that Act;
Note: Paragraphs 500(1)(c) and (ca) of the Social Security Act 1991 set out when an individual is subject to requirements to qualify for the parenting payment.
(g)
disability support pension under the Social Security Act 1991, as paid to individuals who are not subject to the participation requirements under section 94A of that Act;
Note: Paragraph 94(1)(da) of the Social Security Act 1991 sets out when an individual is subject to participation requirements to qualify for the disability support pension.
(h)
youth allowance under the Social Security Act 1991, as paid to individuals who are not required, under paragraph 593(1AC)(b) of that Act, to have an employment pathway plan in effect;
Note: Subdivision C of Division 2A of Part 3 of the Social Security (Administration) Act 1999 sets out when an individual is not required to have a youth allowance employment pathway plan in effect.
(i)
jobseeker payment under the Social Security Act 1991, as paid to individuals who are not required, under Subdivision C of Division 2A of Part 3 of the Social Security (Administration) Act 1999, to have an employment pathway plan in effect.

Division 5Requirements for eligibility for in home care15AIn home care provided to multiple children

(1)
For the purposes of section 85ECA of the Family Assistance Act, if a multiple child session of care is provided by an in home care service, the approved provider of the service or the individual who would be eligible for CCS or ACCS for the session of care in respect of a child, must nominate:
1. (a)
  if the session is provided to up to 5 children—one of those children (a nominated child); and
2. (b)
  if the session is provided to 6 to 10 children—2 of those children (each also a nominated child).
(2)
For the purposes of paragraph 85ED(1)(b) of the Family Assistance Act, the class of persons who, in respect of a multiple child session of care, are not a nominated child, is prescribed.
Note: This provision has the effect that the hourly rate cap specified for in home care services in item 4 of the table in subclause 2(3) of Schedule 2 to the Family Assistance Act applies in respect of a maximum of one child for care provided to up to 5 children during the same session of care in the same home, and a maximum of 2 children if the care is provided to 6 to 10 children.
Example 1: On 5 March 2020, the McEnroe family has 4 children in in home care on one day, during the same period of time. Mrs McEnroe nominates her eldest son Ralph in accordance with the requirements of paragraph (1)(a). Ralph is the child in respect of whom she wishes to be eligible for CCS in relation to the session of care. Mrs McEnroe is only eligible for CCS in relation to Ralph (not the other 3 children being provided with care at the same time) and the hourly rate cap that applies to fees charged by the approved provider is $32.58. Mrs McEnroe’s applicable percentage as worked out under clause 3 of Schedule 2 to the Family Assistance Act is 85% and so the total maximum hourly rate of CCS payable in relation to the relevant session of care is 85% of $32.58, which is $27.69 for each hour in the session of care.
Example 2: On 27 March 2020, the Borg family has 8 children in in home care on one day, during the same period of time. The approved provider of the relevant in home care service nominates Mr Borg’s eldest daughter Martina and his eldest son Patrick in accordance with the requirements of paragraph (1)(b). Mr Borg is only eligible for CCS in relation to Martina and Patrick (not the other children in care) and the hourly rate cap that applies to fees charged by the approved provider is $32.58 for Martina and $32.58 for Patrick. Mr Borg’s applicable percentage as worked out under clause 3 of Schedule 2 to the Family Assistance Act is 85% and so the total maximum hourly rate of CCS payable in relation to the relevant session of care is 85% of $32.58 for Martina and 85% of $32.58 for Patrick, which is $55.38 in total for each hour in the session.

15BAdditional eligibility requirements

(1)
For the purposes of section 85ECA of the Family Assistance Act, the requirements in this section are prescribed.
Session of care must only be provided to children of the same family
(2)
A multiple child session of care must only be provided to children of the same family.
(3)
For the purposes of subsection (2), children are the children of the same family if each child is an FTB child or a regular care child of the individual eligible for CCS in respect of each of the children being provided with the multiple child session of care, or of the individual’s partner.

Note: For the requirement that a child related to the IHC educator must not be provided with care at a session of care provided by the IHC educator, see subsection (7).
Number of pre‑school aged children required
(4)
An approved provider of an in home care service providing a multiple child session of care must ensure that, for each 5 children provided with the care, no more than 4 children are of preschool age or under (within the meaning of the Education and Care Services National Regulations).
Location of in home care
(5)
Subject to subsection (6), a session of care provided by an in home care service to a child must be provided at the home of the individual who would be eligible for CCS for the session of care.
(6)
The Secretary may, in writing, determine that the session of care can be provided at a location other than in the individual’s home if the Secretary is satisfied that exceptional circumstances exist to justify the session of care being provided at the other location.
IHC educator not to bring certain children to in home care session
(7)
An IHC educator must not provide care to a child covered by subsection (8) at a session of care provided to one or more other children, or otherwise bring a child covered by that subsection to the session.
(8)
A child is covered by this subsection if:
1. (a)
  the child is a child (including an adopted child, a foster child or a kinship child) of the educator, or the educator’s partner; or
2. (b)
  the educator, or the educator’s partner, otherwise has legal responsibility for the care of the child; or
3. (c)
  the child is in a relationship with the educator, or the educator’s partner, set out in paragraph 8(1)(ea); or
4. (d)
  the educator is providing informal care to the child through a personal arrangement.
(9)
Subsection (7) does not apply in relation to a child to the extent (if any) that subsection 8(4A) applies in relation to the session of care and the child.

Part 3Amount of child care subsidy and additional child care subsidyDivision 1Hourly rate of child care subsidy16Determining hourly rate cap that applies for a session of care

(1)
For subclause 2(4) of Schedule 2 to the Family Assistance Act, the type of service that applies to a session of care is the same type of service that is:
1. (a)
  specified in the notice of approval that the Secretary gives to a provider under subsection 194B(4) of the Family Assistance Administration Act; or
2. (b)
  determined by the Secretary under subitem 9(2) of Schedule 4 to the Jobs for Families Act.
(2)
Despite subsection (1), a session of care provided by a service specified or determined as a centre‑based day care service is taken to be provided by an outside school hours care service for the purposes of determining the applicable CCS hourly rate cap where the session is provided to a child who attends school.
(3)
Despite subsection (1), a session of care provided by a service specified or determined as an outside school hours care service is taken to be provided by a centre‑based day care service for the purposes of determining the applicable CCS hourly rate cap where the session is provided to a child who does not yet attend school.
(4)
For these Rules, a child attends school on a day that is or follows the first day of scheduled physical attendance, and where any of the following apply:
1. (a)
  the child has turned 6;
2. (b)
  the child attends the year of school before grade 1;
3. (c)
  the child attends primary or secondary school;
4. (d)
  the child is subject to home schooling as recognised in the State or Territory in which the child resides;
5. (e)
  the child would be attending school as referred to in paragraph (b) or (c), except that the child is absent from school, or is on holidays.

16APrescribed payments for determining hourly session fee

(1A)
This section sets out payments that are prescribed for the purposes of paragraph 2(2A)(c) of Schedule 2 to the Family Assistance Act.
Note: A payment prescribed in this section does not reduce the hourly session fee for a session of care, for the purposes of working out the hourly rate of CCS for that session.
Payments for children in vulnerable or disadvantaged circumstances
(3A)
A payment made by a State or Territory, or an authority of a State or Territory, to an approved provider is prescribed if:
1. (a)
  it is for the purpose of enabling a child in vulnerable or disadvantaged circumstances to participate in early childhood education and care; and
2. (b)
  it is made to reduce, wholly or in part, the liability of an individual or the individual’s partner to pay for a session of care provided to the child.
State and Territory preschool payments
(3D)
A payment made by a State or Territory, or an authority of a State or Territory, is prescribed if:
1. (a)
  the payment benefits an individual in respect of a session of care provided to a child on a day between 1 January 2023 and 31 December 2025; and
2. (b)
  the session of care was provided by a centre‑based day care service in a preschool program offered by that service; and
3. (c)
  the program is aimed at children in the years that are 2 years or 3 years before grade 1 of school; and
4. (d)
  the payment is made to reduce, wholly or in part, the liability of the individual or the individual’s partner to pay for the session of care.
  Note: Subsection (3D) applies to payments including, but not limited to, payments made under the New South Wales Start Strong Program and the Victorian Best Start, Best Life initiative.
(4)
In this section:
preschool program means an early childhood education program provided to children before their first year of full‑time school.
Note: Some states or territories refer to this kind of program as kindergarten.

Division 2Circumstances for election17Election of allocation of claimant’s fortnightly entitlement between services attended by the child

For subclause 4(3) of Schedule 2 to the Family Assistance Act, an individual may give the Secretary a written election in relation to a child for a CCS fortnight if:
(a)
the child is enrolled at more than one child care service during the fortnight; and
(b)
the individual’s activity test result in relation to the child is greater than zero.

Division 3Recognised activitiesSubdivision AGeneral18Application – unlawful purposes

(1)
This Division does not apply in relation to paid or unpaid work or other activity, if undertaken:
1. (a)
  for an unlawful purpose; or
2. (b)
  for an employer, business or other person or organisation that has an unlawful purpose.
(2)
Without limiting subsection (1), work or other activity includes the following:
1. (a)
  work experience or an internship;
2. (b)
  employment or contract work;
3. (c)
  voluntary work;
4. (d)
  self‑employed activity;
5. (e)
  setting up a business.

Subdivision BAdditional activities19Unpaid work experience

(1)
For the purposes of paragraph 12(2)(d) of Schedule 2 to the Family Assistance Act, an individual engages in recognised activity during a CCS fortnight if he or she engages in either of the following activities during the fortnight:
1. (a)
  unpaid work experience;
2. (b)
  an unpaid internship.
(2)
However, the individual does not engage in recognised activity under subsection (1) of this section if the activity is engaged in during the course of an activity mentioned in paragraph 12(2)(b) or (c) of that Schedule.
Note: Paragraph 12(2)(b) of that Schedule covers training courses for improving work skills or employment prospects. Paragraph 12(2)(c) of that Schedule covers an approved course of education or study.

20Unpaid work in a family business

(1)
For the purposes of paragraph 12(2)(d) of Schedule 2 to the Family Assistance Act, an individual engages in recognised activity if he or she engages in unpaid work for a family business owned by a member of the individual’s immediate family.
(2)
Each of the following is a member of the individual’s immediate family:
1. (a)
  a parent of the individual;
2. (b)
  a partner of a parent of the individual;
3. (c)
  a partner of the individual;
4. (d)
  a sibling of the individual, including any person (other than the individual) who is a child of a parent of the individual;
5. (e)
  a child of the individual;
6. (f)
  a partner of a child of the individual;
7. (g)
  another particular member of the individual’s familydetermined by the Secretary to be a member of the individual’s immediate family for the purposes of this section.
(3)
Without limiting who is a child of another person, each of the following is a childof the other person:
1. (a)
  an adopted child, or step‑child, of the other person, within the meaning of the Social Security Act 1991;
2. (b)
  a foster‑child or ward of the other person, including someone who was the ward of the other person when the ward was under 18 years of age;
3. (c)
  someone who is a child of the other person within the meaning of the Family Law Act 1975.
(4)
Without limiting who is a parent, if someone is, within the meaning of this section, a child of another person, the other person is a parent of the child.

21Voluntary work

(1)
For the purposes of paragraph 12(2)(d) of Schedule 2 to the Family Assistance Act, an individual engages in recognised activity during a CCS fortnight if he or she engages in any of the following activities during the fortnight:
1. (a)
  voluntary work which could reasonably be expected to improve the individual’s work skills or employment prospects, or both;
2. (b)
  voluntary work for a charitable, welfare or community organisation;
3. (c)
  voluntary work for a school, preschool or a centre‑based day care service, if the work directly supports the learning and development of the children at the school, preschool or service.
  Example: For paragraphs (b) and (c), examples include reading to children or providing support for other learning or development activities, and could include involvement in a school parents and citizens committee.
(2)
For the purposes of paragraph 12(4)(b) of that Schedule, if the individual, in a CCS fortnight, does not engage in any recognised activity except the activity prescribed under this section, the maximum number of hours that are to be counted towards the prescribed activity in that fortnight is 16 hours.

22Actively looking for work

(1)
For the purposes of paragraph 12(2)(d) of Schedule 2 to the Family Assistance Act, an individual engages in recognised activity during a CCS fortnight if he or she is actively looking for work.
(2)
An individual is actively looking for work if the individual engages in one or more of the following activities during the fortnight:
1. (a)
  looking for job vacancies;
2. (b)
  preparing résumés and job applications;
3. (c)
  contacting potential employers;
4. (d)
  preparing for, and attending, job interviews.
  Note: The individual need not be unemployed to be actively looking for work. Her or his overall activity test result may also take into account hours engaged in other activities (such as paid work) mentioned in subclause 12(2) of Schedule 2 to the Family Assistance Act, including other activities prescribed under this Division.
(3)
For the purposes of paragraph 12(4)(b) of that Schedule, if the individual, in a CCS fortnight, does not engage in any recognised activity except the activity prescribed under this section, the maximum number of hours that are to be counted towards the prescribed activity in that fortnight is 16 hours.

23Actively setting up a business

(1)
For the purposes of paragraph 12(2)(d) of Schedule 2 to the Family Assistance Act, an individual engages in recognised activity during a CCS fortnight if, during the fortnight, the individual engages in the activity of actively setting up a business that has not yet started to operate, including engaging in one or more of the following activities in relation to the proposed business:
1. (a)
  obtaining finance, advice and support;
2. (b)
  attending and organising events, including meetings, networks and seminars;
3. (c)
  developing business, marketing or other plans.
(2)
However, an individual only engages in recognised activity under subsection (1) in relation to a CCS fortnight if, during the period of 12 months immediately before the CCS fortnight, determinations have been made under subsection 67CD(2) of the Family Assistance Administration Act that the individual is entitled to a payment of CCS worked out on the basis of the application of subsection (1) of this section in relation to fewer than 13 CCS fortnights:
1. (a)
  whether or not occurring consecutively; and
2. (b)
  whenever occurring during that period; and
3. (c)
  in relation to that proposed business, or any other.

23AAustralian courses of study

For the purposes of paragraph 12(2)(d) of Schedule 2 to the Family Assistance Act, an Australian course of study (within the meaning of the Tertiary Education Quality and Standards Agency Act 2011) is a recognised activity.

Subdivision CAssociated activities24Preparing for paid work

(1)
This section applies to an individual who starts engaging in a recognised activity consisting of paid work, or starts to engage in such an activity for an increased number of hours, for the purposes of paragraph 12(2)(a) of Schedule 2 to the Family Assistance Act during a CCS fortnight (the start fortnight).
(2)
For the purposes of paragraph 12(3)(b) of that Schedule, the individual is taken also to engage in recognised activity of the same kind, or for that increased number of hours, during the period:
1. (a)
  starting on the first day of the CCS fortnight immediately before the start fortnight; and
2. (b)
  ending at the end of the start fortnight.
(3)
For the purposes of paragraph 12(4)(a) of that Schedule, the number of hours of recognised activity engaged in by the individual to which subsection (2) of this section applies, during the period covered by that subsection, is taken to be the same number of hours as the number of hours of paid work, or the increased number of hours of paid work, that the individual is to start to engage in.

25Leave from paid work

(1)
This section applies if:
1. (a)
  an individual engages in a recognised activity consisting of paid work for the purposes of paragraph 12(2)(a) of Schedule 2 to the Family Assistance Act; and
2. (b)
  during a CCS fortnight, the individual takes paid or unpaid leave from that work; and
3. (c)
  in the case of an individual taking unpaid leave:
  1. (i)
    the leave is for a continuous period of 6 months or less; or
  2. (ii)
    the leave is parental leave (or of the nature of parental leave); and
4. (d)
  as at the time immediately before the individual takes the leave, he or she was normally engaged in recognised activity for 8 or more hours each fortnight.
(2)
For the purposes of paragraph 12(3)(b) of that Schedule, the individual is taken also to engage in recognised activity of the same kind for the purposes of paragraph 12(2)(a) of that Schedule during the period of paid or unpaid leave.
(3)
For the purposes of paragraph 12(4)(a) of that Schedule, the number of hours of recognised activity engaged in by the individual to which subsection (2) of this section applies during a period of paid or unpaid leave is taken to be the same number of hours as the number of hours of paid work normally engaged in by the individual during a period of the same length.
(4)
Paid or unpaid leave, for an individual, means:
1. (a)
  if the individual engages in paid work as an employee, or under a contract—paid or unpaid leave granted under the terms or conditions of the individual’s employment or contract; or
2. (b)
  in any other case—paid or unpaid leave taken by the individual that, if the individual were an employee, would be of the nature of any of the following:
  1. (i)
    annual leave;
  2. (ii)
    long service leave;
  3. (iii)
    leave for illness or injury;
  4. (iv)
    carer’s leave for family or household members, or for household emergencies;
  5. (v)
    leave (parental leave) for the birth of a child to the individual or the individual’s partner, or for the adoption of a child by the individual or the individual’s partner, including such leave taken in preparation for birth or adoption and to care for a child after birth or adoption.

26Training course – self‑directed study

(1)
This section applies if, during a CCS fortnight:
1. (a)
  an individual engages in a recognised activity consisting of a training course for the purposes of paragraph 12(2)(b) of Schedule 2 to the Family Assistance Act; and
2. (b)
  the individual engages in additional self‑directed study in relation to the course, outside the scheduled hours of the course.
  Note: The individual may also be taken to engage in the recognised activity mentioned in paragraph (a) during a break in the course: see section 27.
(2)
For the purposes of paragraph 12(3)(a) of that Schedule, the individual is taken also to engage in recognised activity of the same kind for the purposes of paragraph 12(2)(b) of that Schedule while being engaged in that additional self‑directed study.

27Training course – break in course

(1)
This section applies if:
1. (a)
  an individual engages in a recognised activity consisting of a training course for the purposes of paragraph 12(2)(b) of Schedule 2 to the Family Assistance Act; and
2. (b)
  a scheduled semester or vacation break during the training course includes a CCS fortnight, or any part of a CCS fortnight.
(2)
For the purposes of paragraph 12(3)(b) of that Schedule, the individual is taken also to engage in recognised activity of the same kind for the purposes of paragraph 12(2)(b) of that Schedule during the period of the scheduled semester or vacation break that occurs during the CCS fortnight.
(3)
However, an individual is not taken under subsection (2) also to engage in recognised activity in relation to a break that:
1. (a)
  occurs at the start or end of a course mentioned in paragraph (1)(a); or
2. (b)
  arises because the individual defers starting or continuing such a course.
(4)
For the purposes of paragraph 12(4)(a) of that Schedule, the number of hours of recognised activity engaged in by the individual to which subsection (2) of this section applies during a scheduled semester or vacation break is taken to be the same number of hours as the number of hours of that training course normally scheduled during a period of the same length.

28Approved course of education or study – self‑directed study

(1)
This section applies if, during a CCS fortnight:
1. (a)
  an individual engages in a recognised activity consisting of an approved course of education or study for the purposes of paragraph 12(2)(c) of Schedule 2 to the Family Assistance Act; and
2. (b)
  the individual engages in additional self‑directed study in relation to the course, outside the scheduled hours of the course.
  Note: The individual may also be taken to engage in the recognised activity mentioned in paragraph (a) during a break in the course: see section 29.
(2)
For the purposes of paragraph 12(3)(a) of that Schedule, the individual is taken also to engage in recognised activity of the same kind for the purposes of paragraph 12(2)(b) of that Schedule while being engaged in that additional self‑directed study.

29Approved course of education or study – break in course

(1)
This section applies if:
1. (a)
  an individual engages in a recognised activity consisting of an approved course of education or study for the purposes of paragraph 12(2)(c) of Schedule 2 to the Family Assistance Act; and
2. (b)
  a scheduled semester or vacation break during the course includes a CCS fortnight, or any part of a CCS fortnight.
(2)
For the purposes of paragraph 12(3)(b) of that Schedule, the individual is taken also to engage in recognised activity of the same kind for the purposes of paragraph 12(2)(c) of that Schedule during the period of the scheduled semester or vacation break that occurs during the CCS fortnight.
(3)
However, an individual is not taken under subsection (2) also to engage in recognised activity in relation to a break that:
1. (a)
  occurs at the start or end of a course mentioned in paragraph (1)(a); or
2. (b)
  arises because the individual defers starting or continuing such a course.
(4)
For the purposes of paragraph 12(4)(a) of that Schedule, the number of hours of recognised activity engaged in by the individual to which subsection (3) of this section applies during a scheduled semester or vacation break is taken to be the same number of hours as the number of hours of that course normally scheduled during a period of the same length.

Subdivision DHours during which activities are engaged in

1. (a)
  the old arrangement is taken to be a complying written arrangement for the purposes of paragraph 85BA(1)(b) of the Family Assistance Act;
2. (b)
  an enrolment notice under section 200A of the Family Assistance Administration Act must be provided (including as generated by the Secretary based on information known by the Secretary) in relation to the old arrangement as if the enrolment commenced on 2 July 2018; and
3. (c)
  the relevant child is taken to be enrolled for care by the relevant service for the purposes of section 200B of the Family Assistance Administration Act.
(2)
Where subsection (1) applies:
1. (a)
  between 2 July 2018 and 23 September 2018 (including those days), the approved provider who had been the relevant operator is required to report any sessions of care provided to the child because the precondition in paragraph 204B(1)(a) of the Family Assistance Administration Act (about a provider having given an enrolment notice) will be taken to have been met;
2. (b)
  between 2 July 2018 and 23 September 2018 (including those days), the requirement to provide updates in relation to enrolled children in section 200D of the Family Assistance Administration Act applies in relation to any updates to information provided in the notice referred to in paragraph (1)(b);
3. (c)
  in relation to any sessions of care that are provided between 2 July 2018 and 23 September 2018 (including those days), the liability to pay referred to in paragraph 85BA(1)(b) of the Family Assistance Act must arise under the old arrangement in order for that provision to be satisfied;
4. (d)
  on 24 September 2018, the enrolment referred to in paragraph (1)(c) of this section is taken to have ceased under paragraph 200B(1)(b) of the Family Assistance Administration Act, unless the old arrangement is a complying written arrangement (within the meaning of subsection 200B(3) of the Family Assistance Administration Act) or the arrangement on its terms has already ended;
5. (e)
  if the old arrangement was a complying written arrangement and the child remains enrolled for care with the relevant service on 24 September 2018 (because the enrolment is not taken to have ceased under paragraph 200B(1)(b) of the Family Assistance Administration Act), then, by no later than 24 September 2018, the provider must give to the Secretary any details about the enrolment that would have been required to be included in a notice under section 200A of the Family Assistance Administration Act in respect of the enrolment, but which were not included in the notice referred to in paragraph (1)(b);
6. (f)
  if paragraph (e) applies, but the details referred to in that paragraph are not given, the enrolment is taken to have ceased under paragraph 200B(1)(b) of the Family Assistance Administration Act; and
7. (g)
  from 24 September 2018 onwards, the individual may only be eligible for CCS or ACCS for a session of care provided by an approved child care service to a child where they, or their partner, have entered into a complying written arrangement as referred to in paragraph 85BA(1)(b) of the Family Assistance Act (including where the old arrangement is a complying written arrangement).

Division 8Compliance processes after the commencement day in respect of prior conduct74Notices intending to impose a sanction

(1)
Where the Secretary has, before the commencement day, issued a notice under section 201 of the Family Assistance Administration Act to the operator of an approved child care service in relation to which no decision had been made under section 200 before the commencement day (as in force immediately before the commencement day), the Secretary may decide to impose a sanction on the approved provider in respect of the child care service under section 195H of the Family Assistance Administration Act after the commencement day as if the notice had been issued under section 199A of the Family Assistance Administration Act.
(2)
To avoid doubt, the breach of any condition for continued approval that was referred to in the notice is to be taken as a sufficient basis on which the Secretary is able to be satisfied in relation to the non‑compliance referred to in section 195H, as if the condition applied as a condition for continued approval under Division 2 of Part 8 of the Family Assistance Administration Act on and from the commencement day.

75Sanctions after the commencement day in respect of prior breaches

A sanction may be imposed on (and a notice under section 199A of the Family Assistance Administration Act may be given to) an approved provider in respect of a child care service on and from the commencement day under section 195H of the Family Assistance Administration Act on the basis of a breach of a condition for continued approval that applied in respect of the operator of the child care service under the family assistance law as saved by subitem 10(1) of Schedule 4 to the Jobs for Families Act.

Division 9Continuation of conditions for continued approval76Conditions for continued approval that applied prior to commencement day

(1)
Where, before the commencement day, the Secretary had imposed a condition for the continued approval of an approved child care service (the relevant service) under subsection 199(2) of the Family Assistance Administration Act (as that provision stood immediately before the commencement day) then, on and from the commencement day, that condition is taken to apply as a condition for continued approval of the approved provider in respect of the relevant child care service as if it were imposed under section 195F of the Family Assistance Administration Act in respect of the relevant child care service.
(2)
To avoid doubt, subsection (1) means that the Secretary is able to make a decision to impose a sanction under section 195H of the Family Assistance Administration Act on and from the commencement day on the basis of non‑compliance with a condition for continued approval referred to in that subsection.
(3)
The obligation to provide a notice under subsection 195F(3) of the Family Assistance Administration Act does not apply in relation to conditions for continued approval referred to in subsection (1).

Division 10Modifications to working with children card requirements77Working with children card details required in relation to certain individuals

(1)
Section 195D of the Family Assistance Administration Act is modified so that, within 2 years after the commencement day, details of working with children cards are only required to be given to the Secretary in respect of the following individuals:
1. (a)
  an individual who is a person with management and control of the approved provider (within the meaning of section 194F of the Family Assistance Administration Act);
2. (b)
  an FDC educator; and
3. (c)
  an IHC educator.
(2)
To avoid doubt:
1. (a)
  subsection (1) means that any reference in these Rules or the Secretary’s rules to the requirement in section 195D of the Family Assistance Administration Act is taken to be a reference to that section as modified; and
2. (b)
  subsection (1) does not alter any legal requirement to hold a working with children card under a law of a State or Territory and, even where details are not required to be given to the Secretary, where an individual who is required to hold a working with children card is involved in providing child care by a child care service and does not hold a card, the approved provider will be in breach of the condition for continued approval referred to in subsection 195A(4) of the Family Assistance Administration Act.

Part 8Miscellaneous78Grant purposes supported by standing appropriation

(1)
For subsection 233(2) of the Family Assistance Administration Act, payments made for the purposes of an agreement entered into under the Community Child Care Fund Special Circumstances Grant Opportunity are prescribed.
Note: In 2023, details of the grants available under the Community Child Care Fund Special Circumstances Grant Opportunity were set out in guidelines published on the Department’s website at subsection 233(2) of the Family Assistance Administration Act, payments made for the purposes of an agreement entered into under the Early Childhood Education and Care Worker Retention Payment Grant Opportunity are prescribed.
Note: In 2024, details of the grants available under the Early Childhood Education and Care Worker Retention Payment Grant Opportunity were set out in guidelines published on the GrantConnect website at subsection 233(2) of the Family Assistance Administration Act, payments made for the purposes of an agreement entered into under the Early Childhood Education and Care Worker Retention Payment Engagement Program are prescribed.
(2)
For subsection 233(3) of the Family Assistance Administration Act, the total amount that may be paid in respect of 2020‑21 is $949 million.
(3)
For subsection 233(5) of the Family Assistance Administration Act, the total amount that may be paid for the purpose specified in subsection (1) in respect of 2020‑21 is $949 million.
(4)
For subsection 233(3) of the Family Assistance Administration Act, the total amount that may be paid in respect of 2021‑22 is $22.4 million.
(5)
For subsection 233(5) of the Family Assistance Administration Act, the total amount that may be paid in respect of 2021‑22 is $22.4 million.
(6)
For subsection 233(3) of the Family Assistance Administration Act, the total amount that may be paid in respect of 2022‑23 is $7.7 million.
(7)
For subsection 233(5) of the Family Assistance Administration Act, the total amount that may be paid in respect of 2022‑23 is $7.7 million.
(8)
For subsection 233(3) of the Family Assistance Administration Act, the total amount that may be paid in respect of 2023‑24 is $4 million.
(9)
For subsection 233(5) of the Family Assistance Administration Act, the total amount that may be paid for the purpose specified in subsection (1) in respect of 2023‑24 is $4 million.
(10)
For subsection 233(3) of the Family Assistance Administration Act, the total amount that may be paid in respect of 2024‑25 is $755 million.
(11)
For subsection 233(5) of the Family Assistance Administration Act, the total amount that may be paid for the purpose specified in subsection (1) in respect of 2024‑25 is $4 million.
(11A)
For subsection 233(5) of the Family Assistance Administration Act, the total amount that may be paid for the purpose specified in subsection (1A) in respect of 2024-25 is $741 million.
(11B)
For subsection 233(5) of the Family Assistance Administration Act, the total amount that may be paid for the purpose specified in subsection (1B) in respect of 2024-25 is $10 million.
(12)
For subsection 233(3) of the Family Assistance Administration Act, the total amount that may be paid in respect of 2025‑26 is $4 million.
(13)
For subsection 233(5) of the Family Assistance Administration Act, the total amount that may be paid for the purpose specified in subsection (1) in respect of 2025‑26 is $4 million.

Schedule 1Diagnosed conditions

(a)
Moderate to severe multiple disability or moderate to severe physical disability (including neurological disability) where the child is, or is likely to be, dependent for mobility indoors and outdoors from 3 years of age onwards.
(b)
Severe multiple or physical disability (including uncontrolled seizures), requiring constant care and attention where the child is less than 6 months of age.
(c)
Moderate, severe or profound intellectual disability where IQ is less than 55. This includes a child with a known syndrome.
(d)
Autism Spectrum Disorder when diagnosed by a psychiatrist or developmental paediatrician experienced in the assessment of Pervasive Developmental Disorders using the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM‑5).
(e)
Autistic Disorder or Asperger's Disorder (not including Pervasive Developmental Disorder not otherwise specified) when diagnosed by a psychiatrist or developmental paediatrician experienced in the assessment of Pervasive Development Disorders using the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM‑IV).
(f)
Childhood Disintegrative Disorder diagnosed by a psychiatrist using DSM‑IV.
(g)
Major depression of childhood diagnosed by a psychiatrist using DSM‑IV or DSM‑5.
(h)
Childhood schizophrenia diagnosed by a psychiatrist using DSM‑IV or DSM‑5.
(i)
Bilateral blindness where:
(i)
visual acuity is less than or equal to 6/60 with corrected vision; or
(ii)
visual fields are reduced to a measured arc of less than 10 degrees.
(j)
A 45 decibels or more hearing loss in the better ear, based on a 4 frequency pure tone average (using 500, 1,000, 2,000 and 4,000Hz).
(k)
Deaf‑blindness diagnosed by a specialist multidisciplinary team, including a professional audiological and ophthalmological evaluation.
(l)
Epilepsy (uncontrolled while on medication).
(m)
Cystic Fibrosis.
(n)
Down syndrome.
(o)
Fragile X syndrome.
(p)
Diabetes Mellitus Type 1.
(q)
Phenylketonuria (PKU).
(r)
Other inborn errors of metabolism (not specified elsewhere) that are treated by medically prescribed diet to prevent neurological disability and/or severe organ damage.
Example: Organic acidaemias, urea cycle defects, galactosaemia and some fatty acid or oxidation defects.
(s)
Moderate to severe Osteogenisis Imperfecta with 2 or more fractures per year and/or significant pain that significantly limits activities of daily living.
(t)
Chromosomal or syndromic conditions (not specified elsewhere) where there is moderate or severe intellectual disability and/or multiple, major and permanent physical abnormalities as diagnosed by a paediatrician, paediatric sub‑specialist or clinical geneticist.
Example: Children with a moderate or severe intellectual disability and/or multiple, major and permanent physical abnormalities who have been diagnosed with Cri du chat syndrome, Rett syndrome, Angelman syndrome, Prader‑Willi syndrome, Edwards syndrome (Trisomy 18), Williams syndrome, Patau syndrome (Trisomy 13), Coffin‑Lowry syndrome, Congenital rubella syndrome, Cornelia de Lange syndrome, Kabuki Make‑up syndrome, Larsen syndrome, Opitz G syndrome, Pallister‑Killian syndrome, Seckel syndrome, Smith‑Magenis syndrome, CHARGE association.
Note: This category may apply to children diagnosed with other non‑listed chromosomal or syndromic conditions who have a moderate or severe level of intellectual disability and/or multiple, major and permanent physical abnormalities.
(u)
Neurometabolic degenerative conditions where there is moderate or severe intellectual and/or moderate or severe physical disability as diagnosed by a paediatrician, paediatric sub‑specialist or clinical geneticist:
(i)
Lysosomal storage disorders.
Example: Children with a moderate or severe intellectual and/or physical disability who have been diagnosed with metachromatic Leukodystrophy, Tay Sachs disease, Krabbe disease, Pompe's disease, Mucopolysaccharidoses (Hurler syndrome (MPS 1)), Hunter syndrome (MPS 2), San Filipo syndrome (MPS 3), Morquio syndrome (MPS IVA), Maroteaux‑Lamy syndrome (MPS VI).
(v)
Neurometabolic conditions.
Example: Children with a moderate or severe intellectual and/or physical disability who have been diagnosed with Lesch Nyhan syndrome, Menkes disease, Zellweger syndrome and related peroxisomal disorders, some mitochondrial respiratory chain disorders.
Note: This category may apply to children diagnosed with other non‑listed neurometabolic degenerative conditions who have a moderate or severe level of intellectual and/or physical disability.
(w)
Neurodegenerative disorders where there is moderate or severe intellectual and/or moderate or severe physical disability as diagnosed by a paediatrician, paediatric sub‑specialist or clinical geneticist.
Example: Children with a moderate or severe intellectual and/or physical disability who have been diagnosed with Ataxia Telangiectasia, unclassified Leukodystrophies.
Note: This category may apply to children diagnosed with other non‑listed neurodegenerative conditions who have a moderate or severe level of intellectual and/or physical disability.
(x)
The following dermatological conditions:
(i)
Epidermolysis Bullosa Dystrophica;
(ii)
Hypohidrotic ectodermal dysplasia (synonym: anhidrotic ectodermal dysplasia);
(iii)
Hay Wells syndrome (synonym: ankylobepharon, ectodermal dysplasia and clefting (AEC) syndrome);
(iv)
Lamellar ichthyosis;
(v)
Harlequin ichthyosis;
(vi)
Sjorgren Larsson syndrome;
(vii)
Netherton syndrome;
(viii)
Severe congenital ichthyosiform erythroderma;
(ix)
Generalised bullous ichthyosis (synonym: bullous ichthyosiform erythroderma; epidermolytic hyperkeratosis).
(y)
Any of the following neuromuscular conditions:
(i)
Duchenne (or Becker) muscular dystrophy;
(ii)
Autosomal recessive muscular dystrophy;
(iii)
Spinal muscular atrophy conditions, for example, Werdnig‑Hoffman;
(iv)
Friedrich's Ataxia.

Schedule 2Diagnosed conditions

(a)
Autism Spectrum Disorder when diagnosed by a registered psychologist experienced in the assessment of Pervasive Developmental Disorders using the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM‑5).
(b)
Autistic Disorder or Asperger's Disorder (not including Pervasive Developmental Disorder not otherwise specified) when diagnosed by a registered psychologist experienced in the assessment of Pervasive Development Disorders using the fourth edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM‑IV).
(c)
Moderate, severe or profound intellectual disability where IQ is less than 55. This includes a child with a known syndrome.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	Ord = Ordinance
am = amended	orig = original
amdt = amendment	par = paragraph(s)/subparagraph(s)
c = clause(s)	/sub‑subparagraph(s)
C[x] = Compilation No. x	pres = present
Ch = Chapter(s)	prev = previous
def = definition(s)	(prev…) = previously
Dict = Dictionary	Pt = Part(s)
disallowed = disallowed by Parliament	r = regulation(s)/rule(s)
Div = Division(s)	reloc = relocated

ed = editorial change	renum = renumbered
exp = expires/expired or ceases/ceased to have	rep = repealed
effect	rs = repealed and substituted
F = Federal Register of Legislation	s = section(s)/subsection(s)
gaz = gazette	Sch = Schedule(s)
LA = Legislation Act 2003	Sdiv = Subdivision(s)
LIA = Legislative Instruments Act 2003	SLI = Select Legislative Instrument
(md not incorp) = misdescribed amendment	SR = Statutory Rules
cannot be given effect	Sub‑Ch = Sub‑Chapter(s)
mod = modified/modification	SubPt = Subpart(s)
No. = Number(s)	underlining = whole or part not
o = order(s)	commenced or to be commenced

Endnote 3Legislation history

Name	Registration	Commencement	Application, saving and transitional provisions
Child Care Subsidy Minister’s Rules 2017	13 November 2017 (see F2017L01464)	2 July 2018 (all provisions except section 41) 14 November 2017 (section 41)	Part 7
Child Care Subsidy Minister’s Amendment Rules (No. 1) 2018	15 March 2018 (see F2018L00255)	2 July 2018	‑
Child Care Subsidy Minister’s Amendment Rules (No. 2) 2018	22 June 2018 (see F2018L00826)	2 July 2018 (all provisions except item 8 of the Schedule) 22 October 2018 (item 8 of the Schedule)	Sch (items 23–25)
Child Care Subsidy Minister’s Amendment Rules (No. 3) 2018	24 December 2018 (see F2018L01830)	1 January 2019	‑
Child Care Subsidy Minister’s Amendment Rules (No. 1) 2019	8 February 2019 (see F2019L00107)	9 February 2019	Sch (item 3)
Child Care Subsidy Minister’s Amendment Rules (No. 1) 2020	10 February 2020 (see F2020L00115)	11 February 2020 (all provisions except Schedule 1) 1 December 2019 (Schedule 1)	‑
Child Care Subsidy Minister’s Amendment (Building on the Child Care Package and Other Measures) Rules 2020	12 March 2020 (see F2020L00246)	Schedule 1 (items 1–43): 13 March 2020 (s 2(1) item 2) Schedule 1 (item 44): 30 June 2020 (s 2(1) item 3) Schedule 1 (items 45, 46): 13 July 2020 (s 2(1) items 4, 5)	‑
Child Care Subsidy Amendment (Coronavirus Economic Response Package) Minister’s Rules 2020	24 March 2020 (see F2020L00295)	Schedule 1 (item 7): 19 April 2020 (s 2(1) item 3) Remainder: 25 March 2020 (s 2(1) items 1, 2)	‑
Child Care Subsidy Amendment (Coronavirus Response Measures No. 2) Minister’s Rules 2020	5 April 2020 (see F2020L00406)	Schedule 1 (item 2): 23 March 2020 (s 2(1) item 3) Remainder: 6 April 2020 (s 2(1) items 1, 2)	‑
Child Care Subsidy Amendment (Coronavirus Response Measures No. 3) Minister’s Rules 2020	28 April 2020 (see F2020L00490)	29 April 2020 (s 2(1) item 1)	‑
Child Care Subsidy Amendment (Coronavirus Response Measures No. 4) Minister's Rules 2020	26 June 2020 (see F2020L00802)	Schedule 1 (items 1–19): 27 June 2020 (s 2(1) item 2) Schedule 1 (item 20): 1 July 2020 (s 2(1) item 3)	‑
Child Care Subsidy Amendment (Coronavirus Response Measures No. 5) Minister’s Rules 2020	21 July 2020 (see F2020L00930)	13 July 2020 (s 2(1) item 1)	‑
Child Care Subsidy Amendment (Coronavirus Response Measures No. 6) Minister’s Rules 2020	21 Aug 2020 (see F2020L01052)	22 Aug 2020 (s 2(1) item 1)	‑
Child Care Subsidy Amendment (Coronavirus Response Measures No. 7) Minister’s Rules 2020	1 Oct 2020 (see F2020L01276)	2 Oct 2020 (s 2(1) item 1)	‑
Child Care Subsidy Amendment (Coronavirus Response Measures No. 8) Minister’s Rules 2020	17 Dec 2020 (see F2020L01634)	18 Dec 2020 (s 2(1) item 1)
Child Care Subsidy Amendment (Coronavirus Response Measures No. 1) Minister’s Rules 2021	20 Jan 2021 (see F2021L00055)	21 Jan 2021 (s 2(1) item 1)
Child Care Subsidy Amendment (Coronavirus Response Measures No.2) Minister’s Rules 2021	11 March 2021 (see F2021L00226)	31 January 2021 (s 2(1) item 1)
Child Care Subsidy Amendment (Coronavirus Response Measures No. 3) Minister’s Rules 2021	16 June 2021 (see F2021L00761)	17 June 2021 (s 2(1) item 1)
Child Care Subsidy Amendment (Improving Assistance for Vulnerable and Disadvantaged Families) Minister’s Rules 2021	30 June 2021 (see F2021L00924)	1 July 2021 (s 2(1) item 1)
Child Care Subsidy Amendment (Coronavirus Response Measures—New South Wales) Minister’s Rules 2021	18 July 2021 (see F2021L00995)	19 July 2021 (s 2(1) item 1)
Child Care Subsidy Amendment (Coronavirus Response Measures No. 4) Minister’s Rules 2021	5 August 2021 (see F2021L01070)	23 June 2021 (s 2(1) item 1)
Child Care Subsidy Amendment (Coronavirus Response Measures No. 5) Minister’s Rules 2021	16 August 2021 (see F2021L01126)	13 August 2021 (s 2(1) item 1)
Child Care Subsidy Amendment (Coronavirus Response Measures No. 6) Minister’s Rules 2021	3 September 2021 (see F2021L01233)	23 August 2021 (s 2(1) items 1 and 2) 4 September 2021 (s 2(1) item 3)
Child Care Subsidy Amendment (Coronavirus Response Measures No. 7) Minister’s Rules 2021	1 November 2021 (see F2021L01504)	2 November 2021 (s 2(1) item 1)
Child Care Subsidy Minister’s Amendment (Application Exclusion Period) Rules 2021	8 December 2021 (see F2021L01733)	9 December 2021 (s 2(1) item 1)
Child Care Subsidy Amendment (Coronavirus Response Measures No.8) Minister’s Rules 2021	9 December 2021 (see F2021L01741)	10 December 2021 (s 2(1) item 1)
Child Care Subsidy Amendment (Reducing Costs for Early Childhood Education and Care Workers) Minister’s Rules 2021	7 January 2022 (see F2022L00018)	8 January 2022 (s 2(1) item 1)
Child Care Subsidy Amendment (NSW Third Party Payment) Minister’s Rules 2022	16 February 2022 (see F2022L00141)	17 February 2022 (s 2(1) item 1)
Child Care Subsidy Amendment (Coronavirus, Local Area Emergencies and Other Measures) Minister’s Rules 2022	24 March 2022 (see F2022L00376)	25 March 2022 (s 2(1) item 1)
Child Care Subsidy Amendment (Local Area Emergencies) Minister’s Rules 2022	7 April 2022 (see F2022L00563)	8 April 2022 (s 2(1) item 1)
Child Care Subsidy Amendment (Coronavirus Response, Emergency Support and Other Measures) Minister’s Rules 2022	15 September 2022 (see F2022L01213)	Sch 1 (items 1–22) and Sch 2 (items 1–3): 1 July 2022 (s 2(1) items 2, 4) Sch 3: 1 January 2023 (s 2(1) item 6) Remainder: 16 September 2022 (s 2(1) items 1, 3, 5)
Child Care Subsidy Amendment (Third Party Payment and Discounts) Minister’s Rules 2022	19 December 2022 (see F2022L01682)	Sch 1 and Sch 2: 1 January 2023 (s 2(1) items 2, 3) Remainder: 20 December 2022 (s 2(1) item 1)
Child Care Subsidy Amendment (Electronic Payment Exceptions and Other Measures) Minister’s Rules 2023	3 May 2023 (see F2023L00521)	Sch 1: 1 July 2023 (s 2(1) item 2)
Child Care Subsidy Amendment (Debts for Absences before First Attendance or after Last Attendance) Minister’s Rules 2023	25 May 2023 (see F2023L00593)	26 May 2023 (s 2(1) item 1)
Child Care Subsidy Amendment (2023 Measures No. 1) Minister’s Rules 2023	28 June 2023 (see F2023L00885)	Sch 1 and Sch 2 (items 1‑14): 1 July 2023 (s 2(1) items 2, 3) Remainder: 29 June 2023 (s 2(1) items 1, 4)
Child Care Subsidy Amendment (Transition to Work) Minister’s Rules 2023	11 August 2023 (see F2023L01075)	1 July 2022 (s 2)
Child Care Subsidy Amendment (Additional Child Care Subsidy) Minister’s Rules 2023	5 October 2023 (see F2023L01362)	16 October 2023 (s 2)
Child Care Subsidy Amendment (Outside School Hours Care Services and Other Measures) Minister’s Rules 2024	21 July 2024 (see F2024L00901)	Sch 1 (items 1-4): 22 July 2024 (s 2(1) item 1) Sch 1 (items 5-7): 1 September 2024 (s 2(1) item 2)
Child Care Subsidy Amendment (Parent Pathways and Other Measures) Minister’s Rules 2024	31 October 2024 (see F2024L01384)	Sch 1 (item 1): 12 June 2023 (s 2(1) item 2) Sch 1 (items 8, 12): 26 January 2019 (s 2(1) item 4) Sch 1 (item 13): 18 August 2020 (s 2(1) item 5) Sch 1 (items 14–16): 1 December 2024 (s 2(1) item 7) Remainder: 1 November 2024 (s 2(1) items 1, 3)
Child Care Subsidy Amendment (Early Childhood Education and Care Worker Retention Payment Engagement Program and Other Measures) Minister’s Rules 2024	11 Dec 2024 (see F2024L01609)	Sch 1 (item 11): 1 Jan 2025 (s 2(1) item 2) Sch 1 (items 12, 13): 1 Nov 2024 (s 2(1) item 3) Remainder: 12 Dec 2024 (s 2(1) item 1)
Child Care Subsidy Amendment (Ex-Tropical Cyclone Alfred Support Payment) Minister’s Rules 2025	27 March 2025 (see F2025L00451)	28 March 2025 (s 2(1) item 1)

Endnote 4Amendment history

Provision affected	How affected
Part 1
Division 1
s 2.............................................	rep LA s 48D
s 4.............................................	am. F2018L00826; F2020L00246; F2020L00295; F2020L00406; F2020L00802; F2020L00930; F2021L00924; F2021L01233; F2021L01504; F2022L00376; F2022L01213; F2023L00885
ed C40
Division 2
s 5A..........................................	ad. F2020L00246
s 5AA........................................	ad. F2020L00295
am. F2020L01052; F2020L01634; F2021L01070
ed C16 rep F2021L01233
s 5AAB.....................................	ad. F2021L01070 rep. F2021L01233
s 5AB........................................	ad. F2020L00295 rep. F2021L01233
s 5B...........................................	ad F2020L00246
am F2020L01634; F2021L01233; F2021L01504; (heading) F2022L00376; F2022L01213; F2023L00885
s 5BA........................................	ad. F2022L01213
s 5C...........................................	ad. F2022L00376
rs. F2022L01213
s 5D..........................................	ad F2023L00885
s 6.............................................	am. F2020L00295; F2021L01233; F2021L01741; F2022L00376; F2022L01213
s 7.............................................	am. F2018L00826; F2020L01052
ed C16
s 7A..........................................	ad. F2020L00246
s 7B...........................................	ad. F2020L00246
Part 2
Division 1
s 8.............................................	am. F2018L00826; F2020L00246
ed C6
am. F2020L00490
ed C11
am F2021L01233; F2021L01741; F2022L00376; F2022L01213
ed C35
am F2023L00885
ed C39
am F2024L01609
Division 1AA
Division 1AA............................	ad. F2020L00246
s 8AA........................................	ad. F2020L00246
Division 1A
Division 1A...............................	ad. F2018L00255
s 8C...........................................	am. F2024L01384
Division 1B
Division 1B...............................	ad F2021L00924
Division 2
s 10...........................................	am F2018L00826; F2021L00924; F2022L00376; F2023L00521
s 11...........................................	am. F2018L00826
Division 2A
Division 2A................................	ad F2021L00924
s 11A........................................	ad F2021L00924
am F2023L01362
s 11B.........................................	ad F2021L00924
am F2022L00376; F2023L00521
Division 3
s 12...........................................	am. F2018L00826
Division 3A
Division 3A...............................	ad. F2020L00246
s 12A........................................	ad. F2020L00246
Division 4
s 13...........................................	am F2018L00826; F2020L00246; F2020L00802; F2023L00521; F2023L01075; F2024L01384; F2024L01609
s 15...........................................	am F2023L00885; F2023L01075
ed C41
Division 5
Division 5.................................	ad. F2018L00255
rs. F2020L00246
s 15A........................................	ad. F2018L00255
am. F2018L01830
rs. F2020L00246
s 15B.........................................	ad. F2018L00255
am. F2018L01830
rs. F2020L00246
Part 3
Division 1
s 15C.........................................	ad. F2020L00246 rep. F2021L00055
s 16A........................................	ad. F2020L00115
am. F2020L00246 am. F2021L00055 am. F2022L00141 am. F2022L01682 am. F2024L01384 am. F2024L01609 (amdt never applied (Sch 1 item 12))
Division 3
s 21...........................................	am. F2018L00826
s.23A........................................	ad. F2020L01634
Division 4
Subdivision A
Subdivision A heading................	ad. F2020L00802
Subdivision B
Subdivision B heading................	ad. F2020L00802
s 39...........................................	am F2020L00802; F2023L00885; F2024L01609
s 39A........................................	ad. F2024L01384
s 39B.........................................	ad. F2024L01384
Subdivision C
Subdivision C............................	ad. F2020L00802
s 40AA......................................	ad. F2020L00802
am. F2020L01276
ed C17
s 40AB......................................	ad. F2020L00802
Part 3A
Part 3A......................................	ad. F2018L00826
Part 3B
Part 3B......................................	ad F2023L00521
s 40B.........................................	ad F2023L00521
Part 4
Division 1
s 41........................................... s 41A........................................	am. F2020L00490 rep. F2025L00451 ad. F2021L01733
Division 2
s 43...........................................	am. F2018L00826
rs. F2020L00246; F2023L00885
Division 3
s 44...........................................	am. F2018L00826
s 45...........................................	am. F2018L00826; F2024L00901
Division 5
s 46A........................................	ad. F2020L00246
s 47AA......................................	ad. F2020L00490 rep. F2021L01233
s 47AB......................................	ad. F2020L00802
am. F2020L01052
ed C16 rep. F2021L01233
s 47A........................................	ad. F2020L00246
s 48...........................................	(md not incorp) F2018L01830
s 48A........................................	ad F2018L00826
am F2019L00107; F2020L00246; F2023L00885
s 48B.........................................	ad. F2022L01213 am. F2022L01682; F2024L00901
s 48C......................................... s 48D........................................	ad. F2023L00593 ad. F2025L00451
s 49...........................................	am F2024L01609
Division 5A
Division 5A...............................	ad. F2018L00255
s 49A........................................	am. F2020L00246
s 49AA......................................	ad. F2020L00246
s 49B.........................................	am F2020L00246; F2023L00885
s 49C.........................................	am F2018L01830
rs. F2020L00246
am F2023L00885
Division 6
s 50...........................................	rs. F2018L00826
Division 7
s 52...........................................	am. F2020L00246; F2020L01634
Division 8
s 54...........................................	am. F2020L00246
Part 5
Division 1AA
Division 1AA............................	ad F2023L00521
s 54AA......................................	ad F2023L00521 am F2024L00901
Division 1A
Division 1A heading...................	rs F2023L00521
Division 1A...............................	ad F2020L00295
rep F2021L01233
ad F2022L00018
am F2022L00376; F2022L01213; F2022L01682
s 54AA......................................	ad F2022L01213
rs F2022L01682
rs and renum F2023L00521
s 54A........................................	ad F2020L00295
am F2020L00406; F2020L00802; F2020L00930; F2020L01634; F2021L00226; F2021L00761; F2021L00995
rep F2021L01233
ad F2022L00018
am F2022L00376
rep F2022L01682
s 54A (prev s 54AA)
s 54B.........................................	ad. F2022L00376
rs. F2022L01213 rs. F2022L01682 am. F2024L01384; F2024L01609 ed C46
Division 1
s 55...........................................	am. F2018L00826; F2020L00246; F2021L00924; F2024L00901
Part 6
Division 1
Division 1.................................	ad. F2020L00406
s 57AA......................................	ad. F2020L00406 am. F2021L01233; F2022L01213
s 57...........................................	am. F2020L00246; F2020L00802
s 59...........................................	am. F2020L00246
s 60...........................................	am. F2018L00826; F2020L00246
Division 2 Division 2.................................	ad. F2020L00406 rep. F2021L01233 ad. F2022L00376 rep. F2022L01213 ad. F2025L00451
s 60A (first occurring).................	ad. F2020L00406
ed C9
am. F2020L00802 rep. F2021L01233 ad. F2022L00376 rep. F2022L01213 ad. F2025L00451
s 60B (first occurring).................	ad. F2020L00406 rep. F2021L01233 ad. F2022L00376 rep. F2022L01213 ad. F2025L00451
s 60C.........................................	ad. F2020L00406 rep. F2021L01233 ad. F2022L00376 rep. F2022L01213 ad. F2025L00451
s 60D........................................	ad. F2020L00406 rep. F2021L01233 ad. F2022L00376 am. F2022L00563 rep. F2022L01213 ad. F2025L00451
s 60E.........................................	ad. F2020L00406
am. F2020L00802 rep. F2021L01233 ad. F2022L00376 rep. F2022L01213 ad. F2025L00451
s 60F.........................................	ad. F2020L00406 rep. F2021L01233
Part 6A
Part 6A......................................	ad. F2020L00246
Division 1
s 60A (second occurring)............	ad. F2020L00246
renum F2020L00802
s 61AA (prev s 60A second occurring)
s 60B (second occurring).............	ad. F2020L00246
renum F2020L00802
s 61AB (prev s 60B second occurring)
Division 2
Division 2.................................	ad F2023L00521
s 61AC......................................	ad F2023L00521
s 61AD......................................	ad F2023L00521
Part 7
Division 2
s 62A........................................	ad. F2018L00826
Division 3
s 67...........................................	am. F2020L00246
s 67A........................................	ad. F2018L00826
Division 4
Division 4.................................	ad. F2018L00826
Division 4A...............................	ad. F2019L00107
rep. F2020L00246
Division 5
Division 5.................................	ad. F2018L00826
Division 6
Division 6.................................	ad. F2018L00826
Division 7.................................	ad. F2018L00826
rep. F2020L00246
Division 8
Division 8.................................	ad. F2018L00826
Division 9
Division 9.................................	ad. F2018L00826
Division 10
Division 10................................	ad. F2018L00826
Part 8
Part 8.........................................	ad. F2020L00490
s 78...........................................	ad F2020L00490; F2021L00924
rs F2020L00802
am F2020L01052
ed C16
am F2020L01276
ed C17
am F2022L00376; F2023L00885; F2024L01384; F2024L01609
Schedule 3.................................	ad. F2021L00995
rep F2023L00885
Part 1.........................................	ad. F2021L00995
rep. F2022L01213
cl 1.1.........................................	rep. F2022L01213
cl 1.2.........................................	rep. F2022L01213
cl 1.3.........................................	rep. F2022L01213
Part 2.........................................	ad F2021L01126
am F2021L01741; F2022L01682
rep F2023L00885
cl 2.1A......................................	ad F2021L01233
am F2022L01682
rep F2023L00885
cl 2.1.........................................	ad F2021L01126
am F2021L01233; F2021L01504; F2021L01741; F2022L00376; F2022L01213; F2022L01682
rep F2023L00885
cl 2.2.........................................	ad F2021L01233
am F2021L01741; F2022L00376; F2022L01213; F2022L01682
rep F2023L00885
cl 2.3.........................................	ad F2022L00376
am F2022L01213; F2022L01682
rep F2023L00885
Part 3.........................................	ad F2021L01233
am F2021L01741
rep F2023L00885
cl 3.1.........................................	ad F2021L01233
am F2021L01504, F2021L01741; F2022L00376
rep F2022L01213
cl 3.1A......................................	ad F2021L01741
am F2022L01213
rep F2023L00885
cl 3.2.........................................	ad F2021L01504
am F2021L01741; F2022L00376; F2022L01213
rep F2023L00885
cl 3.3.........................................	ad F2022L01213
rep F2023L00885
Part 4......................................... cl 4.1......................................... cl 4.2......................................... cl 4.3......................................... cl 4.4......................................... cl 4.5......................................... cl 4.6......................................... cl 4.7......................................... cl 4.8......................................... Part 5......................................... cl 5.1.........................................	ad. F2021L01233 rep. F2022L01213 rep. F2022L01213 am. F2021L01504 rep. F2022L01213 rep. F2022L01213 rep. F2022L01213 am. F2021L01504 rep. F2022L01213 am. F2021L01504 rep. F2022L01213 rep. F2022L01213 rep. F2022L01213 ad. F2021L01504 rep. F2022L01213 ad. F2021L01504 am. F2022L00376 rep. F2022L01213