EXPLANATORY STATEMENT
Child Care Benefit (Allocation of Child Care Places) Amendment Determination (No. 1) 2000
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 of child care places to approved in-home care services; and
- restrict the Secretary’s delegation powers under the Allocation Determination so that the powers are delegated only to officers of the Department and the Commonwealth Services Delivery Agency.
Explanation of the clauses
Name of the determination
Clause 1 states the name of this determination.
Commencement of the determination
Clause 2 states that this determination commences on 1 January 2001, immediately after the commencement of Schedule 2 to the Family and Community Services (2000 Budget and Related Measures) Act 2000, which amends the Family Assistance Administration Act to enable the approval of in-home care services for the purposes of CCB.
Amendment
Clause 3 states that the Allocation Determination is amended as specified in clauses 4 to 7 of this determination.
Amendments for the purposes of in-home care
Clauses 4, 5 and 7 make amendments for the purposes of in-home care.
The allocation of child care places applies only in relation to the kinds of services defined in subsection 3(1) of the Allocation Determination as “approved child care services”. Clause 4 amends that definition to include a reference to an in-home care service, so that the allocation of places occurs in relation to in-home care services.
Clause 5 amends the definition of “child care places” in subsection 3(1) of the Allocation Determination to provide that in relation to an approved in-home care service the child care place means one full-time place of 35 hours per week and that one full-time place may be occupied by more than one child attending on a part-time basis.
Clause 7 makes a consequential amendment to section 7 of the Allocation Determination.
Amendment to the Secretary’s delegation power
Section 4 of the Allocation Determination allows the Secretary to delegate powers under that instrument to an “officer”. As section 3 of the Family Assistance Administration Act defines “officer” as the officer of an “agency” and the “agency” is defined as the Department, the Commonwealth Services Delivery Agency, the Australian Taxation Office or the Health Insurance Commission, the delegation power is broader than necessary.
Clause 6 therefore substitutes a new section 4 of the Allocation Determination. New section 4 restricts the power to delegate to officers of the Department and the Commonwealth Services Delivery Agency.
Overview
The Child Care Benefit (Allocation of Child Care Places) Amendment Determination (No. 1) 2000 was enacted to address the need for more specific guidelines regarding the allocation of child care places to approved in-home care services for the purposes of child care benefit. This determination was made under section 206 of the A New Tax System (Family Assistance) (Administration) Act 1999 and was introduced to amend the Child Care Benefit (Allocation of Child Care Places) Determination 2000. The primary objective of this amendment is to refine the allocation rules and to restrict the delegation powers of the Secretary, ensuring that these powers are limited to officers of the Department and the Commonwealth Services Delivery Agency. This amendment was designed to provide clearer guidelines for the allocation of child care places, particularly focusing on in-home care services, thereby ensuring that the allocation of these places is more accurately and effectively managed.
Scope and Application
The Child Care Benefit (Allocation of Child Care Places) Amendment Determination (No. 1) 2000 amends the Child Care Benefit (Allocation of Child Care Places) Determination 2000, which governs the allocation of child care places to approved child care services for the purposes of child care benefit (CCB). This amendment applies to all approved child care services, specifically including in-home care services, as well as the officers who manage the allocation of child care places. The amendment is effective from 1 January 2001, aligning with the changes introduced by Schedule 2 to the Family and Community Services (2000 Budget and Related Measures) Act 2000. Clauses 4 to 7 introduce new rules for the allocation of places for in-home care services, defining a full-time place for such services and making consequential amendments. Clause 6 refines the delegation powers, restricting the Secretary’s ability to delegate these powers to only officers of the Department and the Commonwealth Services Delivery Agency. This determination operates within the framework of the Family Assistance Administration Act 1999, which is a Commonwealth Act, thus extending its jurisdictional reach across the nation.
Key Provisions
The Child Care Benefit (Allocation of Child Care Places) Amendment Determination (No. 1) 2000 (the Determination) amends the Child Care Benefit (Allocation of Child Care Places) Determination 2000 (the Allocation Determination) to introduce specific allocation rules for in-home care services and to restrict the delegation powers of the Secretary (sections 3 and 6). The Determination commences on 1 January 2001, aligning with the implementation of changes to the Family Assistance Administration Act that allow for the approval of in-home care services for child care benefit (CCB) purposes (section 2).
The primary amendments (sections 4, 5, and 7) are designed to integrate in-home care services into the existing framework for the allocation of child care places. Clause 4 extends the definition of "approved child care services" to include in-home care services, ensuring that the allocation of child care places now applies to these services as well. Clause 5 further refines the definition of "child care places" in relation to approved in-home care services, specifying that one full-time place is equivalent to 35 hours per week and that a single full-time place may accommodate multiple children attending on a part-time basis. Clause 7 then makes a consequential amendment to section 7 of the Allocation Determination to reflect these changes.
The Determination also imposes specific obligations on the parties governed by the Allocation Determination. Firstly, it mandates that the allocation of child care places must now consider in-home care services, thereby broadening the scope of services eligible for CCB allocation (section 4). Secondly, the Secretary's delegation powers under the Allocation Determination are restricted to officers of the Department and the Commonwealth Services Delivery Agency (section 6). This restriction ensures that only authorised personnel from these specified agencies can exercise the delegation powers, maintaining control and oversight over the allocation process.
Failure to comply with the provisions of the Determination could result in legal consequences. While the Determination itself does not explicitly outline specific offences or penalties, breaches of the Family Assistance Administration Act or related regulations could lead to civil or criminal penalties. The severity of these penalties would depend on the nature and extent of the breach, with potential outcomes including fines or imprisonment. The specific penalties are detailed in the Family Assistance Administration Act or related legislation, which governs the overall administration of CCB.