EXPLANATORY STATEMENT
Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2003 (No. 1)
Summary
This determination is made under section 206 of the A New Tax System (Family Assistance) (Administration) Act 1999 (the Family Assistance Administration Act).
The purpose of this Determination is to amend the Child Care Benefit (Allocation of Child Care Places) Determination 2000 (the Allocation Determination) that sets out guidelines for the allocation of child care places to approved child care services for the purposes of child care benefit (CCB).
The Allocation Determination is amended to set out allocation rules for the purposes of the allocation to family day care services of child care places (JET child care places) designated for children of parents requiring this type of care during the time they participate in an activity under the Jobs, Education and Training Program (JET Program).
Background
The JET Program is a program jointly administered by the Family and Community Services Department and other Commonwealth departments. It provides assistance to people receiving certain income support payments (eg parenting payment), helping them with access to education, training, employment and child care to improve their prospect of entering the workforce and their long‑term labour market competitiveness.
If a participant in the JET Program requires child care, and all the places allocated to the relevant approved family day care service under section 207 of the Family Assistance Administration Act are filled, the JET Program provides funding for an additional temporary family day care place to accommodate the child of the JET participant for the duration of the JET activity (eg an educational or training course).
This Determination makes amendments to the Allocation Determination to ensure that JET participants can access family day care places through the legislative allocation framework. Specifically, amendments are made to enable the Secretary to:
- determine the number of JET child care places available in a particular area for allocation to family day care services; and
- allocate a JET child care place to a family day care for a specified child and for a specified period.
These amendments ensure that, after the specified period, the place is available for allocation by the Secretary to the same or another family day care service for another child whose parent becomes a JET participant, as required.
Amendments related to the allocation of JET child care places are also being made to the Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Determination 2000.
Explanation of the clauses
Name of Determination
Clause 1 states the name of this Determination.
Commencement
Clause 2 states that this Determination commences on gazettal.
Amendments of the Allocation Determination
Clause 3 states that Schedule 1 amends the Allocation Determination.
Explanation of the items in Schedule 1
Item 1 – definitions of JET child care place, JET Program and parent
Item 1 inserts in section 3 new definitions of “JET child care place”, “JET Program” and “parent”. The meaning of “JET child care place” is as given by paragraph 7(2)(c). These are places that may be allocated to family day care services to enable parents of children requiring this type of care to participate in activities under the JET Program. “Parent” is the individual in whose care the child is, or the individual’s partner. “JET Program” means the Jobs, Education and Training Program administered jointly by the Department and other Commonwealth departments.
Item 2 - amendments to paragraphs 7(2)(a), (b) and (c)
Paragraph 7(2)(a) allows the Secretary to determine the number of child care places available in a particular area to children in particular age groups. Paragraph 7(2)(b) allows the Secretary to determine the number of child care places available for outside school hours care services in a particular area in respect of before school care, after school care and vacation care.
Item 2 amends subsection 7(2) to allow the Secretary to determine the number of JET child care places, that is, child care places available to family day care services in a particular area for allocation to children whose parents require this type of care to participate in activities under the JET Program.
Item 3 – new subsections 7(4A) and 7(4B)
Item 3 inserts two new subsections in section 7 containing rules to be observed by the Secretary while allocating JET child care places to approved family day care services. New subsection 7(4A) provides that the JET child care place may be allocated only for a child and for a period determined by the Secretary as enabling the parent of the child to participate in an activity under the JET Program. New subsection 7(4B) allows the Secretary to vary the period to align it with the period the parent undertook the activity (the originally determined period may be extended or shortened).
Item 4 – new subsections 8(3) and 8(4)
Section 8 requires the Secretary to notify the service of the allocation of places. New subsections 8(3) and (4) inserted by item 4 require that, if a JET child care place is allocated to an approved family day care service, the notice specify the name of the child for whom the place is allocated, and the period of that allocation (or, if the period is varied, the period as varied).