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. 32
Compilation date: 25 March 2022
Includes amendments up to: F2022L00376
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 25 March 2022 (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 Legislation 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 series page on the Legislation 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 series page on the Legislation 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If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
Division 1—Preliminary 1
1 Name. ...................................................................................................................................... 1
3 Authority.................................................................................................................................. 1
4 Definitions................................................................................................................................ 1
Division 2—Interpretative matters 5
5 Determining that an individual is taken to be an Australian resident......................................... 5
5A What constitutes a session of care?....................................................................................... 5
5B Days on which sessions of care are taken to be provided—absences before child’s first attendance or after child’s last attendance...................................................................................................................... 5
5C Days on which sessions of care are taken to be provided—periods of local emergency........ 7
6 Reasons for additional absences............................................................................................... 7
7 Child care service payments..................................................................................................... 8
7A Meaning of ceases to operate any approved child care service............................................. 8
7B Meaning of ceases to operate a child care service................................................................. 8
Part 2—Eligibility for child care subsidy and additional child care subsidy 9
Division 1—Circumstances where no one is eligible for a session of care 9
8 Prescribed circumstances where no eligibility for a session of care.......................................... 9
Division 1AA—Requirements for eligibility for kinds of approved child care services 14
8AA In home care services....................................................................................................... 14
Division 1A—Prescribed classes of children for eligibility for CCS or ACCS 15
8A Purpose of prescribing classes of children in this Division................................................. 15
8B Children 13 years or under who are attending secondary school who do not have a prescribed disability or prescribed medical condition...................................................................................................................... 15
8C Children who have a prescribed disability or prescribed medical condition......................... 15
8D Conditions in relation to the classes of children prescribed in sections 8B and 8C.............. 16
Division1B—Prescribed classes of children for eligibility for ACCS (child wellbeing) 17
8E Children who are in a formal foster care arrangement.......................................................... 17
Division 2—When children are at risk of serious abuse or neglect for ACCS (child wellbeing) 18
9 Circumstances in which a child is taken to be at risk of serious abuse or neglect—child at risk of suffering harm 18
10 Circumstances 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................................................................................................................ 18
11 Circumstances in which a child is not taken to be at risk of serious abuse or neglect........... 19
Division 2A—Circumstances relevant to ACCS (child wellbeing) certificates and determinations 20
11A Exceptional circumstances for backdating ACCS (child wellbeing) certificates and determinations to a period of greater than 28 days, but no more than 13 weeks........................................................................... 20
11B Circumstances for extending ACCS (child wellbeing) determinations to a period of more than 13 weeks, but no more than 52 weeks.......................................................................................................................... 20
Division 3—Temporary financial hardship 21
12 Circumstances in which an individual is taken to be experiencing temporary financial hardship 21
Division 3A—Eligibility for ACCS (grandparent) 22
12A Criteria for eligibility for ACCS (grandparent)—payments under the ABSTUDY scheme 22
Division 4—Transition to work 23
13 Additional eligibility requirements for ACCS (transition to work)....................................... 23
14 Additional eligibility requirements for individuals who ceased receiving transition to work payment fewer than 12 weeks ago.................................................................................................................................... 27
15 Transition to work payments................................................................................................ 27
Division 5—Requirements for eligibility for in home care 28
15A In home care provided to multiple children........................................................................ 28
15B Additional eligibility requirements..................................................................................... 28
Part 3—Amount of child care subsidy and additional child care subsidy 30
Division 1—Hourly rate of child care subsidy 30
16 Determining hourly rate cap that applies for a session of care.............................................. 30
16A Prescribed payments for determining hourly session fee................................................... 30
Division 2—Circumstances for election 33
17 Election of allocation of claimant’s fortnightly entitlement between services attended by the child 33
Division 3—Recognised activities 34
Subdivision A—General 34
18 Application—unlawful purposes.......................................................................................... 34
Subdivision B—Additional activities 34
19 Unpaid work experience....................................................................................................... 34
20 Unpaid work in a family business........................................................................................ 34
21 Voluntary work.................................................................................................................... 35
22 Actively looking for work.................................................................................................... 35
23 Actively setting up a business.............................................................................................. 36
23A Australian courses of study............................................................................................... 36
Subdivision C—Associated activities 36
24 Preparing for paid work....................................................................................................... 36
25 Leave from paid work.......................................................................................................... 37
26 Training course—self‑directed study.................................................................................... 38
27 Training course—break in course......................................................................................... 38
28 Approved course of education or study—self‑directed study............................................... 38
29 Approved course of education or study—break in course.................................................... 39
Subdivision D—Hours during which activities are engaged in 39
30 Individual engages in paid work over variable hours........................................................... 39
Division 4—Minister’s rules result 41
Subdivision A—Preliminary 41
31 Scope.................................................................................................................................... 41
Subdivision B—Circumstances in which an individual has a Minister’s rule result—general 41
32 Individuals with disabilities or impairments......................................................................... 41
33 Individual temporarily outside Australia............................................................................... 41
34 Individual in gaol or psychiatric confinement....................................................................... 41
35 Individual or an individual’s partner is a grandparent or great‑grandparent.......................... 41
36 Individual receiving a carer payment.................................................................................... 42
37 Individual providing constant care........................................................................................ 42
38 Individual receiving a carer allowance.................................................................................. 42
39 Individual receiving a jobseeker payment, youth allowance, parenting payment or special benefit 42
40 Child attending early educational program at a centre‑based day care service....................... 44
Subdivision C—Circumstances in which an individual has a Minister’s rule result—post Early Childhood Education and Care Relief Package 44
40AA Application..................................................................................................................... 44
40AB Individual engaging in at least 8 hours of recognised activities....................................... 44
Part 3A—Withholding Amount 45
40A Prescribed percentage........................................................................................................ 45
Part 4—Approval of provider of child care services 46
Division 1—Application for approval 46
41 Applications for approval and variation taken not to be made during Early Childhood Education and Care Relief Package.................................................................................................................................... 46
41A Circumstances in which application for approval and variation taken not to be made—application exclusion period 46
42 Who may apply for approval................................................................................................ 47
Division 2—Provider eligibility rules 48
43 Additional rules for provider eligibility................................................................................ 48
Division 3—Service eligibility rules 50
44 Additional prescribed matters for service eligibility.............................................................. 50
45 Additional criteria for service eligibility rules....................................................................... 50
Division 4—Fit and proper person considerations 52
46 Additional matters to take into account................................................................................. 52
Division 5—Conditions for continued approval 53
46A Minimum operating periods for approved child care services—suspension on request.... 53
47 Provision of care by an FDC educator to relatives............................................................... 53
47A Approved provider must give certain information about third party payments.................. 53
48 Approved child care services must continue to be operated by approved provider and as the same service type 54
48A Additional conditions for continued approval for approved providers of in home care services 54
49 Additional conditions for continued approval for child care services to which section 50 applies 56
Division 5A—Allocation of places to in home care services 59
49A Application of Division..................................................................................................... 59
49AA What constitutes a child care place?................................................................................ 59
49B Matters to be taken into account in allocating places.......................................................... 59
49C Maximum amount of child care places that can be allocated.............................................. 59
Division 6—Certain child care services not required to meet State/Territory requirements 60
50 Certain providers not required to meet State/Territory requirements..................................... 60
51 Certain providers not subject to minimum operating period................................................. 61
Division 7— Consequences of breach of conditions for continued approval 62
52 Matters the Secretary must take into account in exercising the power to impose a sanction on an approved provider 62
53 Matters the Secretary must have regard to in specifying the day of effect of a revocation of a suspension 63
Division 8—Backdating of approvals etc. 64
54 Modifications dealing with backdated approval.................................................................... 64
Part 5—Provider requirements 64
Division 1A—Exemption from enforcing payment of hourly session fees 64
54A Exemption for early childhood education and care workers.............................................. 65
54B Exemption for periods of local emergency......................................................................... 65
Division 1—Requirement to notify Secretary of certain matters 65
55 Matters that must be notified to the Secretary....................................................................... 65
Division 2—Requirements in relation to children of a prescribed class of sessions of care for which there is no eligibility for CCS 70
56 Requirements in relation to care given at FDC services to children of FDC educators......... 70
Part 6—Business continuity payments 71
Division 1—General 71
57AA Application..................................................................................................................... 71
57 Circumstances in which a business continuity payment may be made.................................. 71
58 Method of determining payment amount.............................................................................. 71
59 Weekly amount where the provider has previously received a fee reduction amount in respect of the service 71
60 Weekly amount where the provider has not previously received a fee reduction amount in respect of the service 72
Division 2—South East Queensland and NSW Flood Support payments 72
60A Definitions......................................................................................................................... 72
60B Purpose.............................................................................................................................. 73
60C Eligibility criteria................................................................................................................ 73
60D Period................................................................................................................................ 73
60E Payment amount................................................................................................................. 73
Part 6A—Application, savings and transitional provisions 74
Division 1—Amendments made by the Child Care Subsidy Minister’s Amendment (Building on the Child Care Package and Other Measures) Rules 2020 74
61AA Definitions...................................................................................................................... 74
61AB Application—additional criteria for eligibility for ACCS payments................................ 74
Part 7—Transitional rules for the Jobs for Families Act 75
Division 1—Preliminary 75
61 Nature of transitional rules................................................................................................... 75
Division 2—Continuity of certain matters 76
62 Continuity of absences......................................................................................................... 76
62A Continuity of immunisation grace period during transition................................................ 76
Division 3—Limitations and other matters 78
63 Limitation on amendments to attendance reports.................................................................. 78
64 Certain operators of existing approved child care services not deemed to be approved providers under the family assistance law............................................................................................................................... 78
65 Special rate of child care benefit for periods prior to commencement day............................ 78
66 Limitations on determinations of temporary financial hardship............................................ 79
67 Debts arising from overpayments made before the commencement day............................... 79
67A Outstanding enrolment advances after the commencement day......................................... 79
68 Lump sum payments in respect of sessions of care before the commencement day............. 80
Division 4—Determining deemed claims for CCS 81
69 Deemed claims for CCS that cannot be determined before 24 September 2018................... 81
Division 5—Backdating applications for ACCS (grandparent) 82
70 ACCS (grandparent) applications made on or before 23 September 2018........................... 82
Division 6—Arrangements and enrolments of children prior to the commencement day 83
71 Pre‑commencement arrangements taken to be complying written arrangements................... 83
Division 8—Compliance processes after the commencement day in respect of prior conduct 85
74 Notices intending to impose a sanction................................................................................. 85
75 Sanctions after the commencement day in respect of prior breaches..................................... 85
Division 9—Continuation of conditions for continued approval 86
76 Conditions for continued approval that applied prior to commencement day........................ 86
Division 10—Modifications to working with children card requirements 87
77 Working with children card details required in relation to certain individuals....................... 87
Part 8—Miscellaneous 88
78 Grant purposes supported by standing appropriation........................................................... 88
Schedule 1—Diagnosed conditions 89
Schedule 2—Diagnosed conditions 92
Schedule 3—Temporary Coronavirus Response Measures 93
Part 1—New South Wales (July 2021 outbreak) 93
Division 1—Preliminary 93
1.1 Application.......................................................................................................................... 93
1.2 Definitions........................................................................................................................... 93
Division 2—Exemption from enforcing payment of hourly session fees 93
1.3 Exemption during COVID-19 outbreak in New South Wales............................................ 93
Part 2—Exemption from enforcing payment of hourly session fees during the COVID-19 pandemic 94
2.1A Purpose............................................................................................................................ 94
2.1 Exemption from enforcing payment of hourly session fees—general.................................. 94
2.2 Exemption from enforcing payment of hourly session fees—services advised or required to close 97
2.3 Exemption from enforcing payment of hourly session fees—services reduce care provided due to educators isolating 98
Part 3—Allowable absences for services during the COVID-19 pandemic 98
3.1 Allowable absences for services in COVID‑19 hotspots and for certain periods of high COVID-19 case numbers 98
3.1A Allowable absences for COVID‑19 generally................................................................ 100
3.2 Allowable absences before the first day, or after last day, of attendance for services in COVID-19 hotspots and for certain periods of high COVID-19 case numbers................................................................. 101
Part 4—Business continuity payments 103
Division 1—COVID‑19 emergency business continuity payments 103
4.1 Purpose............................................................................................................................. 103
4.2 Definitions......................................................................................................................... 103
4.3 Reference fortnight............................................................................................................ 104
4.4 COVID-19 viability support payment period.................................................................... 104
4.5 Eligibility criteria............................................................................................................... 104
4.6 Method of determining payment........................................................................................ 106
4.7 Provider in receipt of COVID-19 viability support payments to notify Secretary of certain matters 106
4.8 Conditions of continued approval for providers receiving COVID‑19 viability support payments 107
Part 5—Maintaining enrolments for children in child care services in COVID‑19 hotspots 108
5.1 Circumstance in which enrolments do not cease................................................................ 108
Endnotes109
Endnote 1—About the endnotes 109
Endnote 2—Abbreviation key 110
Endnote 3—Legislation history 111
Endnote 4—Amendment history 114
Part 1—Preliminary
Division 1—Preliminary
1 Name
These Rules are the Child Care Subsidy Minister’s Rules 2017.
3 Authority
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.
4 Definitions
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.
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.
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 agency means 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 same meaning as In Home Care Support Agency given by subsection 49B(2).
immediate family member has the meaning given by section 20.
in a COVID-19 hotspot: an approved child care service or an individual’s principal place of residence is in a COVID‑19 hotspot on a day if it is in a location that is, for at least 12 hours of that day:
(a)subject to a State or Territory public health order restricting the movement of persons for a period; and
(b)within a COVID‑19 hotspot as determined by the Commonwealth Chief Medical Officer for the purposes of Commonwealth support.
in a formal foster care arrangement has the meaning given by section 8E.
in a restricted COVID-19 hotspot: an approved child care service or an individual’s principal place of residence is in a restricted COVID‑19 hotspot on a day if:
(a) it is in a COVID‑19 hotspot on that day; and
(b) either:
(i) the State or Territory public health order in relation to that COVID‑19 hotspot provides that only certain children may attend child care or that children may only attend child care in certain circumstances; or
(ii) a State or Territory government agency advises, in advice published on the agency’s official website, that only certain children should attend child care, or that children should only attend child care in certain circumstances.
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 local emergency means a period in respect of which:
(a) an event has occurred which:
(i) affects a widespread area; and
(ii) has a severe impact on the lives of a significant number of the inhabitants of the area; and
(iii) prevents, or may prevent, children from attending the service, or may make such attendance hazardous; or
Note: Where the Department decides that a period of local emergency exists for a local government area, it may list the period of local emergency on its website as a Local Area Emergency. A list of emergencies declared by the Department could in 2022 be viewed on the Department’s website.
(b) a disaster declaration (however described) is made by a state emergency service, the police, or another Commonwealth, State or Territory agency and the disaster prevents, or may prevent, children from attending the service, or may make attendance hazardous;
but does not include the period between the day the Child Care Subsidy Amendment (Coronavirus Response Measures No. 8) Minister’s Rules2021 commence and 30 June 2022 where the event, disaster declaration, or emergency declaration relates to the COVID‑19 pandemic.
Note: Schedule 3 sets out the temporary measures relating to the COVID‑19 pandemic.
relevant person has the meaning given by section 6.
remote area child has the meaning given by section 8.
registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
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 2—Interpretative matters
5 Determining 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:
(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
(b) if so:
(i) how long ago that event occurred; and
(ii) the continuing effect of the event in causing hardship if the individual were not treated as an Australian resident; and
(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:
(a) currency fluctuations;
(b) an increase in fees charged by an approved child care service;
(c) a reduction in an individual’s available income due to routine or unnecessary expenditure.
5A What 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 individual by charging a fee for providing child care by an approved child care service.
(3) A session of care:
(a) may start on one day and end on the next day; and
(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.
5B Days 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:
(a) both:
(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
(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;
(b) the ownership of the child care service changes during the extended period;
(c) the child care service closes during the extended period and the child attends another child care service of the approved provider;
(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 1: 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.
Note 2: Part 3 of Schedule 3 sets out matters in relation to allowable absences for services in COVID-19 hotspots.
(3) For the purposes of subsection (2), each of the following periods are the extended period:
(a) the period:
(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
(ii) ending on the first attendance day;
(b) the period:
(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
(ii) ending on the sixth 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:
(a) an immediate family member of the child experiences a serious injury or illness or dies; or
(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
(c) the child, an individual who cares for the child or an immediate family member is the victim of:
(i) a serious crime; or
(ii) domestic violence; or
(d) an event has occurred that has resulted in the child’s principal home being lost or sustaining major damage.
5C Days on which sessions of care are taken to be provided—periods of local 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 the following circumstances:
(a) the day is between 23 February 2022 and 30 June 2022; and
(b) either:
(i) the service is closed during a period of local emergency; or
(ii) the child cannot attend the session of care during a period of local emergency.
6 Reasons 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:
(a) where:
(i) the child has not been immunised against a particular infectious disease; and
(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
(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;
(b) where:
(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
(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
(iii) the absence occurs because the child spends time with that other person;
(c) where the service is closed as a direct result of a period of local emergency;
(d) where the child cannot attend as a direct result of a period of local emergency (for example, because they are unable to travel to the service), if:
(i) the period is still underway; or
(ii) the period ended not more than 28 days before the absence;
(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 local emergency.
(2) In these Rules:
relevant person in relation to a child means:
(a) the individual in whose care the child is or usually is; or
(b) a child care service that provides sessions of care to the child; or
(c) a medical practitioner for the child; or
(d) a government agency.
7 Child 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.
7A Meaning 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:
(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;
(b) if the provider is a body corporate—the body corporate is deregistered (within the meaning of the Corporations Act 2001);
(c) if the provider is a partnership—the partnership is dissolved;
(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;
(e) if the provider is an individual—the individual dies;
(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).
7B Meaning 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 2—Eligibility for child care subsidy and additional child care subsidy
Division 1—Circumstances where no one is eligible for a session of care
8 Prescribed 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:
(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);
(b) except for care provided by an IHC service, where the care is provided in a domestic living arrangement on residential premises where:
(i) the care is provided in the child’s own home; or
(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;
(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:
(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
(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
(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;
(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;
(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;
(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;
(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:
(i) FTB child;
(ii) regular care child;
(iii) foster care child;
(iv) biological or adopted child;
(v) brother, sister, half‑brother, half‑sister, step‑brother or step‑sister;
(vi) grandchild or great‑grandchild;
(vii) nephew, niece or cousin;
(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;
(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);
(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:
(a) the child is an eligible disability child of the individual; or
(b) the child is an eligible ISP child of the individual; or
(c) the child is a remote area child of the individual; or
(d) the FDC educator:
(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
(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
(e) the FDC educator:
(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
(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
(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:
(a) FTB child;
(b) regular care child;
(c) foster care child;
(d) biological or adopted child;
(e) brother, sister, half‑brother, half‑sister, step‑brother or step‑sister;
(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:
(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
(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
(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
(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:
(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
(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) Volume 5 – Remoteness Structure, July 2016 (cat. no. 1270.0.55.005), as published by the Australian Bureau of Statistics; and
(c) there is no IHC educator reasonably available who is not in the relationships with children described in paragraph (1)(ea); and
(d) the child is:
(i) the grandchild, great‑grandchild, nephew, niece or cousin of the IHC educator or the educator’s partner; or
(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:
(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
(b) the child care service is closed for a reason other than:
(i) a public holiday (other than a public holiday to which subsection (4C) applies); or
(ii) a period of local emergency; or
(iii) if the day is between 1 October 2021 and 30 June 2022—a government agency has advised or required the service to close as a result of the COVID-19 pandemic; or
(iv) if the day is between 1 October 2021 and 30 June 2022 and the service is an outside school hours care service that is located on a school campus—the school campus is closed to students because a government agency has advised or required the school to close as a result of the COVID-19 pandemic; or
(v) if the day is between 27 January 2022 and 30 June 2022—the service is undertaking an activity required by a health agency to respond to health risks associated with COVID-19; or
(vi) if the day is between 27 January 2022 and 30 June 2022—the service does not have sufficient educators to meet the educator to child ratio requirements prescribed by the Education and Care Services National Law because one or more of its educators are required to isolate or self-quarantine by a health agency due to COVID-19.
Note: A child care service is not closed for the purposes of this subsection if only part of the service is closed.
(4C) This subsection applies to a public holiday if:
(a) the public holiday occurs in a period of 2 or more consecutive days (disregarding Saturday and Sunday) in which a child care service is closed; and
(b) at least one of the days in that period is not a public holiday.
(5) In this section:
eligible disability child of an individual means:
(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
(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:
(i) is registered with a Board established under a law of a State or Territory that registers psychologists in that State or Territory; and
(ii) has qualifications or experience in assessing impairment in children;
and where:
(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
(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:
(a) the child is undergoing assessment for disability (including an ongoing or continuous assessment, as described in those Guidelines); and
(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:
(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
(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:
(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
(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:
(a) the child resides in an area designated as ‘remote Australia’ or ‘very remote Australia’ in accordance with the Australian Statistical Geography Standard (ASGS) Volume 5 – Remoteness Structure, July 2016 (cat. no. 1270.0.55.005), as published by the Australian Bureau of Statistics; and
(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 1AA—Requirements for eligibility for kinds of approved child care services
8AA In home care services
(1) For the purposes of paragraph 85BA(1)(e) of the Family Assistance Act:
(a) an in home care service is prescribed; and
(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:
(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
(b) at least one of the following applies:
(i) the parents or carers of the child work non‑standard or variable hours that are outside normal child care service hours;
(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;
(iii) the family of the child has challenging or complex needs.
Division 1A—Prescribed classes of children for eligibility for CCS or ACCS
8A Purpose 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).
8B Children 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.
8C Children 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:
(a) children who:
(i) are 14 years or older; or
(ii) are 13 years or under and are attending secondary school; and
(b) who meet the medical or disability requirements set out in subsection (2); 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; and
(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:
(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
(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:
(i) is registered with a Board established under a law of a State or Territory that registers psychologists in that State or Territory; and
(ii) has qualifications or experience in assessing impairment in children; or
(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 2010 by a medical practitioner; or
(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
(e) the Secretary is otherwise satisfied that the child has, or is being assessed for, a disability and makes a determination to that effect.
8D Conditions 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 1B—Prescribed classes of children for eligibility for ACCS (child wellbeing)
8E Children 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:
(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 2—When children are at risk of serious abuse or neglect for ACCS (child wellbeing)
9 Circumstances 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:
(a) serious physical, emotional or psychological abuse;
(b) sexual abuse;
(c) domestic or family violence;
(d) neglect.
(2) For subsection (1), a child is at risk if:
(a) the child is currently experiencing one or more of the events set out in subsection (1); or
(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:
(a) a certificate in relation to the child was given under section 85CB of the Family Assistance Act; or
(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.
10 Circumstances 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 Early Years Education Program replication trial.
11 Circumstances 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:
(a) of the income of the individual or individuals with respect to whom the child is an FTB child or regular care child; or
(b) of the ethnic, cultural, religious or racial background of the child or the child’s immediate family; or
(c) of the geographical location in which the child and the child’s immediate family resides; or
(d) the child’s place of residence is, statistically, an area of socio‑economic disadvantage; or
(e) the child is likely to benefit from early childhood education and care programs; or
(f) the child has a disability; or
(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:
(a) in conjunction with other circumstances or matters; and
(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 2A—Circumstances relevant to ACCS (child wellbeing) certificates and determinations
11A Exceptional circumstances for backdating ACCS (child wellbeing) certificates and determinations to a period of greater than 28 days, but no more than 13 weeks
For the purposes of subsections 85CB(2A) and 85CE(5B) of the Family Assistance Act, the period of 28 days may be extended to a period of no more than 13 weeks if any of the following circumstances apply:
(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 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;
(d) a long term protection order is in place in respect of the child.
11B Circumstances for extending ACCS (child wellbeing) determinations to a period of more than 13 weeks, but no more than 52 weeks
For the purposes of subsection 85CE(5C) of the Family Assistance Act, the period of 13 weeks may be extended to a period of no more than 52 weeks if any of the following circumstances apply:
(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 Early Years Education Program replication trial.
Division 3—Temporary financial hardship
12 Circumstances 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:
(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
(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:
(a) the death of a partner or child of the individual;
(b) a loss of employment of the individual, or a partner of the individual, other than due to resignation or retirement;
(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);
(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;
(e) the individual, or a partner of the individual, being adversely affected by a major disaster event;
(f) the destruction of, or severe damage to, the home of the individual, or of a partner of the individual;
(g) the individual having to leave home, and not being able to return because of an extreme circumstance (such as domestic violence);
(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 3A—Eligibility for ACCS (grandparent)
12A Criteria 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 4—Transition to work
13 Additional 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:
(a) the requirements (the activity requirements) set out in subsection (2); and
(b) the requirements (the income requirements) set out in subsection (3); and
(c) where applicable, the requirements (the job plan requirements) set out in subsections (4) and (5); and
(d) where the individual is in receipt of special benefit, the requirement in subsection (17).
(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):
(a) the requirements (the study requirements) set out in subsections (7) and (8);
(b) the requirements (the job search requirements) set out in subsection (10);
(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 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.
Job plan requirements
(4) The job plan requirements are applicable to individuals who are in receipt of a transition to work payment referred to in paragraph 85CK(3)(b) of the Family Assistance Act, as prescribed by paragraph 15(a), (b), (e), (f), (g) or (h) of these Rules.
(5) An individual meets the job plan requirements if a job plan is in effect in relation to the individual at the start of the CCS fortnight in which the session of care is provided.
Note: Individuals in receipt of the transition to work payments referred to in paragraph 85CK(3)(a) of the Family Assistance Act (parenting payment, jobseeker payment, disability support pension and youth allowance) must have an employment pathway plan or participation plan in effect, as referred to in subparagraph 85CK(1)(b)(ii) of that Act.
(6) For this section, a job plan is:
(a) an employment pathway plan within the meaning of the Social Security Act 1991, or a plan by that name entered into on a voluntary basis through Services Australia; or
Note: An employment pathway plan is defined in section 23 of the Social Security Act 1991 to include a Parenting Payment Employment Pathway Plan, a Youth Allowance Employment Pathway Plan, a Jobseeker Employment Pathway Plan, or a Special Benefit Employment Pathway Plan.
(b) for an individual in receipt of a disability support pension—a participation plan entered into under section 94B of the Social Security Act 1991, or a plan by that name entered into on a voluntary basis by the individual with a service provider that is approved by an agency of the Commonwealth to provide employment services to such individuals.
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:
(i) a secondary course within the meaning of Schedule 1 to the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2);
(ii) a preparatory course within the meaning of the Student Assistance (Education Institutions and Courses) Determination 2009 (No. 2);
(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:
(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
(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 Ratings Summary—Labour Market Analysis of Skilled Occupations (prepared by the Department, and as existing from time to time) and the study involves progression towards a qualification that the individual has not already studied towards; or
(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 Ratings Summary—Labour Market Analysis of Skilled Occupations could in 2020 be viewed on the Department’s website.
(8) The 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 2017 be viewed on the Australian Qualifications Framework Council 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:
(a) paid work;
(b) actively setting up a business;
(c) unpaid work (including a work experience placement or an internship);
(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 2009 (No. 2) 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:
(a) the individual was engaged in a course of education or study for the purposes of meeting the study requirements; and
(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).
(a) the hourly session fee for the session; and
(b) the CCS hourly rate cap for the session.
Note: The CCS hourly rate cap for a session of care is set out in the table at subitem 2(3) of Schedule 2 to the Family Assistance Act.
start day, in relation to a service, means the latest of the following days:
(a) the first day of the COVID-19 viability support payment period;
(b) if subparagraph 4.5 (3)(a)(i) applies, or previously applied, to the service—the first day the service was in the restricted COVID‑19 hotspot;
(c) if subparagraph 4.5(3)(a)(ii) applies, or previously applied, to the service—the day that is 28 days after the first day the service was in the COVID‑19 hotspot.
4.3 Reference fortnight
(1) In this Division, the reference fortnight of a service is:
(a) in relation to an outside school hours care service that provides only vacation care—the period of 14 days beginning on the first Monday of the most recent school holidays for public schools in the State or Territory in which the service is located, where the service was not in a COVID‑19 hotspot for any part of those school holidays; and
(b) in relation to any other kind of service located in Victoria—the period of 14 days beginning on 10 May 2021; and
(c) in relation to any other kind of service—the period of 14 days beginning on 17 May 2021.
(2) However, if:
(a) the service did not provide any sessions of care during the 14 day‑period mentioned in subclause (1); or
(b) the Secretary is satisfied that the operation of the service in the 14 dayperiod mentioned in subsection (1) is not reasonably representative of the usual operation of the service over a fortnight;
the Secretary may determine another period of 14 days beginning on a Monday (including a period beginning in the COVID‑19 viability support payment period) as the reference fortnight of the service.
4.4 COVID-19 viability support payment period
For the purposes of paragraph 205C(1)(d) of the Family Assistance Administration Act, the period beginning on 23 August 2021 and ending on 30 November 2021 is prescribed.
4.5 Eligibility criteria
(1) For the purposes of paragraph 205C(1)(c) of the Family Assistance Administration Act, a provider is eligible for a COVID-19 viability support payment in relation to a service for a BCP fortnight if the provider and the service meet the criteria in subclauses (2) to (6).
Note: A business continuity payment made to a provider for which the provider is not eligible is a debt to the Commonwealth: see subsection 71H(1A) of the Family Assistance Administration Act.
(2) The provider must make an application, in the form and manner determined by the Secretary, for a COVID-19 viability support payment.
(3) On a day in the BCP fortnight that is on or after 23 August 2021, the service must:
(a) for all services—be in a COVID‑19 hotspot and either of the following apply:
(i) if the COVID‑19 hotspot is a restricted COVID‑19 hotspot—the period of time the service has been or will be in that restricted COVID 19 hotspot is more than 7 continuous days;
(ii) otherwise—the period of time the service has been or will be in that COVID 19 hotspot is more than 28 continuous days; or
(b) for a service that is an outside school hours service (not including such a service that provides vacation care only):
(i) have previously been a service to which subparagraph (a)(i) or (ii) applies; and
(ii) be located in a local government area for which not all primary public school children are permitted to be at school on‑site and full‑time due to local government area wide directions or advice relating to the COVID‑19 pandemic issued by the State or Territory government in which the local government area is located; and
(iii) the directions or advice referred to in subparagraph (ii) must have been in effect since immediately after subparagraph (a)(i) or (ii) applied to the service; or
(c) for a service that is not a service described by paragraph (b):
(i) have previously been a service to which subparagraph (a)(i) or (ii) applies; and
(ii) be located in a local government area for which not all children are permitted to attend child care due to local government area wide directions or advice relating to the COVID‑19 pandemic issued by the State or Territory government in which the local government area is located; and
(iii) the directions or advice referred to in subparagraph (ii) must have been in effect since immediately after subparagraph (a)(i) or (ii) applied to the service.
(4) On each day in the BCP fortnight:
(a) the service must not be closed; or
(b) if the service is closed—one of the following applies to the service:
(i) a health agency has advised or required the service to close as a result of the COVID-19 pandemic;
(ii) the service predominantly provides care to Indigenous children;
(iii) if the service is not an outside school hours service that provides only vacation care—the service has not been closed for a period of more than 14 continuous days since the beginning of the previous BCP fortnight for which the provider was paid a COVID-19 viability support payment in relation to the service.
(5) The number of sessions of care provided by the service and attended by children during the BCP fortnight is reasonably likely to be less than 50 per cent of the number of sessions of care provided by the service during the reference fortnight for the service.
Note: The sessions of care provided by the service during the reference fortnight include the sessions of care that the child attended any part of and those that are taken to have been provided under subsections 10(2) or 10(3) of the Family Assistance Act.
However, the sessions of care provided by the service and attended by children only include sessions of care that a child attended any part of under paragraph 10(1)(a) of the Family Assistance Act.
(5A) During the BCP fortnight, the provider must comply with clauses 4.7 and 4.8.
(6) If the service is a FDC service or an IHC service, the Secretary must not have, since 2 July 2018, made a cancellation decision under section 195H or Division 4 of Part 8 of the Family Assistance Administration Act (other than a decision under section 197C) in relation to the service or the provider.
4.6 Method of determining payment
(1) For the purposes of paragraph 205C(1)(e) of the Family Assistance Administration Act, this clause prescribes the method of determining the amount of a COVID-19 viability support payment for a provider in relation to a service for a BCP fortnight.
(2) If the service is an outside school hours care service (including an outside school hours care service that provides vacation care only), the amount of a COVID‑19 viability support payment in relation to the service for the BCP fortnight is 40 per cent of the sum of reference hourly fees for all sessions of care provided by the service during the reference fortnight of the service.
(3) If the service is not an outside school hours care service, the amount of the a COVID‑19 viability support payment in relation to the service for the BCP fortnight is 25 per cent of the sum of reference hourly fees for all sessions of care provided by the service during the reference fortnight of the service.
(4) Despite subclause (2), if:
(a) the service provides vacation care; and
(b) the first day of school holidays for public schools in the State or Territory in which the service is located is on or after 23 August 2021 and falls within the BCP fortnight;
the amount of a COVID‑19 viability support payment in relation to the service for that fortnight is 40 per cent of the amount worked out under subsection (5).
(5) The amount is the sum of the reference hourly fees for all sessions of care provided by the service during the period of 14 days beginning the first Monday of the most recent school holidays for public schools in the State or Territory in which the service is located for which the service was not in a COVID‑19 hotspot on any day during those school holidays.
4.7 Provider in receipt of COVID-19 viability support payments to notify Secretary of certain matters
(1) This clause applies to a provider that has received a COVID‑19 viability support payment.
(2) For subsection 204F(1) of the Family Assistance Administration Act, the provider must give the Secretary written notice of the matters prescribed in the table below, by the time prescribed in the table.
| Item | Matter to be notified | When notification needs to be provided |
| 1 | Change in any information provided by the provider in its application for COVID-19 viability support payments. | Within 7 days of the end of the BCP fortnight in which the change occurs. |
| 2 | The provider has ceased or will cease to meet one or more eligibility criteria in clause 4.5 for a BCP fortnight, or any change in circumstance that may affect eligibility for a BCP fortnight under clause 4.5. | Within 7 days of the end of the BCP fortnight. |
| 3 | That the number of sessions of care provided by the service and attended by children for a BCP fortnight is greater than 50 per cent of the number of sessions of care provided by the service during the reference fortnight. | Within 7 days of the end of the BCP fortnight. |
4.8Conditions of continued approval for providers receiving COVID‑19 viability support payments
(1) For section 195E of the Family Assistance Administration Act, this clause sets out conditions of continued approval of a provider that has received a COVID‑19 viability support payment in relation to a service for a BCP fortnight.
(2) If, in accordance with subsection 201B(1A) of the Family Assistance Administration Act and Part 1 or Part 2 of this Schedule, the provider is not required to take reasonable steps to enforce hourly session fees in relation to sessions of care provided by a service during the BCP fortnight, the provider must not enforce payment of the hourly session fees.
(3) The provider must not, during a BCP fortnight commencing on or after 6 September 2021, receive any Commonwealth government COVID-19 pandemic-related business support payments in relation to the service, other than COVID-19 viability support payments.
(4) The provider must not intentionally reduce the number of employees employed at the service, or the number of FDC educators engaged by the service, at any time during the BCP fortnight below the average staffing levels at the service in the 14 day period ending before the start day for the service.
(5) The provider must not charge an hourly session fee for a session of care provided by the service during the BCP fortnight that is greater than the hourly session fee than it would have charged for that session of care in the 14 day period ending before the start day for the service.
Part 5—Maintaining enrolments for children in child care services in COVID‑19 hotspots
5.1 Circumstance in which enrolments do not cease
(1) For the purposes of subsection 200B(1A) of the Family Assistance Administration Act, if:
(a) a service is in a COVID‑19 hotspot for a period between 23 June 2021 and 30 June 2022; and
(b) that period has been, or will be, at least 10 continuous weeks;
any week covered wholly or partly by that period is to be disregarded.
(2) For the purposes of subsection 200B(1A) of the Family Assistance Administration Act, if:
(a) the Secretary has determined, under subsection 67CC(1) of that Act, that an individual is eligible for CCS by fee reduction for a child; and
(b) the individual, or the individual’s partner, has, for a period beginning on or after 23 June 2021, incurred, under a complying written arrangement, a liability to pay for sessions of care provided to the child during that period; and
(c) the individual’s principal place of residence has been, or will be, in a COVID‑19 hotspot for that period; and
(d) that period has been, or will be, at least 10 continuous weeks;
any week covered wholly or partly by that period is to be disregarded.
Endnotes
Endnote 1—About 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.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation 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) |
Endnote 4—Amendment 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 |
| 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 | |
| s 5C.......................................... | ad. F2022L00376 |
| s 6............................................. | am. F2020L00295; F2021L01233; F2021L01741; F2022L00376 |
| 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 | |
| Division 1AA | |
| Division 1AA............................ | ad. F2020L00246 |
| s 8AA....................................... | ad. F2020L00246 |
| Division 1A | |
| Division 1A.............................. | ad. F2018L00255 |
| Division 1B Division 1B Division 2 | ad. F2021L00924 |
| s 10........................................... | am. F2018L00826; F2021L00924; F2022L00376 |
| s 11........................................... | am. F2018L00826 |
| Division 2A Division 2A s 11A........................................ s 11B........................................ Division 3 | ad. F2021L00924 ad. F2021L00924 ad. F2021L00924 am. F2022L00376 |
| s 12........................................... | am. F2018L00826 |
| Division 3A | |
| Division 3A.............................. | ad. F2020L00246 |
| s 12A........................................ | ad. F2020L00246 |
| Division 4 | |
| s 13........................................... | am. F2018L00826; F2020L00246; F2020L00802 |
| 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 | |
| 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 |
| 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 4 | |
| Division 1 | |
| s 41........................................... s 41A........................................ | am. F2020L00490 ad. F2021L01733 |
| Division 2 | |
| s 43........................................... | am. F2018L00826 |
| rs. F2020L00246 | |
| Division 3 | |
| s 44........................................... | am. F2018L00826 |
| s 45........................................... | am. F2018L00826 |
| 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 | |
| Division 5A | |
| Division 5A.............................. | ad. F2018L00255 |
| s 49A........................................ | am. F2020L00246 |
| s 49AA..................................... | ad. F2020L00246 |
| s 49B........................................ | am. F2020L00246 |
| s 49C........................................ | am. F2018L01830 |
| rs. F2020L00246 | |
| Division 6 | |
| s 50........................................... | rs. F2018L00826 |
| Division 7 | |
| s 52........................................... | am. F2020L00246; F2020L01634 |
| Division 8 | |
| s 54........................................... | am. F2020L00246 |
| Part 5 | |
| Division 1A | |
| Division 1A.............................. | ad. F2020L00295 rep. F2021L01233 ad. F2022L00018 am. F2022L00376 |
| s 54A........................................ | ad. F2020L00295 |
| am. F2020L00406; F2020L00802; F2020L00930; F2020L01634; F2021L00226; F2021L00761; F2021L00995 rep. F2021L01233 ad. F2022L00018 am. F2022L00376 | |
| s 54B........................................ | ad. F2022L00376 |
| Division 1 | |
| s 55........................................... | am. F2018L00826; F2020L00246; F2021L00924 |
| Part 6 | |
| Division 1 | |
| Division 1................................. | ad. F2020L00406 |
| s 57AA..................................... | ad. F2020L00406 am. F2021L01233 |
| s 57........................................... | am. F2020L00246; F2020L00802 |
| s 59........................................... | am. F2020L00246 |
| s 60........................................... | am. F2018L00826; F2020L00246 |
| Division 2 | |
| Division 2................................. | ad. F2020L00406 rep. F2021L01233 ad. F2022L00376 |
| s 60A (first occurring).............. | ad. F2020L00406 |
| ed C9 | |
| am. F2020L00802 rep. F2021L01233 ad. F2022L00376 | |
| s 60B (first occurring)............... | ad. F2020L00406 rep. F2021L01233 ad. F2022L00376 |
| s 60C........................................ | ad. F2020L00406 rep. F2021L01233 ad. F2022L00376 |
| s 60D........................................ | ad. F2020L00406 rep. F2021L01233 ad. F2022L00376 |
| s 60E........................................ | ad. F2020L00406 |
| am. F2020L00802 rep. F2021L01233 ad. F2022L00376 | |
| 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) | |
| 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 | |
| Schedule 3 Schedule 3 | ad. F2021L00995 |
| Part 1 | |
| Part 1........................................ | ad. F2021L00995 |
| Part 2 | |
| Part 2........................................ | ad. F2021L01126 am. (heading) F2021L01741 |
| cl 2.1A...................................... | ad. F2021L01233 |
| cl 2.1......................................... | ad. F2021L01126 am. F2021L01233; F2021L01504; F2021L01741; F2022L00376 |
| cl 2.2......................................... | ad. F2021L01233 am. F2021L01741; F2022L00376 |
| cl 2.3......................................... | ad. F2022L00376 |
| Part 3 | |
| Part 3........................................ cl 3.1 ........................................ cl 3.1A...................................... cl 3.2......................................... | ad. F2021L01233 am. (heading) F2021L01741 ad. F2021L01233 am. F2021L01504, F2021L01741; F2022L00376 ad. F2021L01741 ad. F2021L01504 am. F2021L01741; F2022L00376 |
| Part 4 | |
| Part 4........................................ cl 4.2......................................... cl 4.5......................................... cl 4.6 ........................................ Part 5 Part 5........................................ cl 5.1......................................... | ad. F2021L01233 am. F2021L01504 am. F2021L01504 am. F2021L01504 ad. F2021L01504 ad. F2021L01504 am. F2022L00376 |
0
0
0