Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2003 (No. 1)

Administered by Department of Social Services

Legislation au F2006B01548 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2003 (No.1)

 

 

Summary

 

This determination is made under subsection 205(1) 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 (Eligibility of Child Care Services for Approval and Continued Approval) Determination 2000 (the Approval Determination) that sets out rules relating to the eligibility of child care services to become, and remain, approved child care services for the purposes of child care benefit (CCB).

The amendments made by this Determination set out additional conditions of approval and continued approval for family day care services, which will apply in relation to places (JET child care places) allocated to those services 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) administered jointly by the Department and other Commonwealth departments.

These amendments are related to the amendments made by the Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2003 (No. 1).

 

Background

 

The Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2003 (No. 1) amended the Child Care Benefit (Allocation of Child Care Places) Determination 2000 (the Allocation Determination) to ensure that participants in an activity under the JET Program who require child care for the duration of the activity can access family day care places through the mechanism provided in the legislative allocation framework.

 

Amendments made to the Allocation Determination enable the Secretary to:

- determine the number of JET child care places available for allocation to family day care services in a particular area; and

- allocate a JET child care place to a family day care for a specified child and for a specified period.


This Determination amends the Approval Determination to provide conditions of approval and continued approval of a family day care service consequential on the allocation of a JET child care place to the service.  If a JET child care place is allocated to a family day care service for a specified child for a specified period, the service can only provide care to that child during that period.  After that period, the service cannot offer that place to that or any other child.  Non-compliance with the conditions of approval and continued approval may result in a sanction under section 200 of the Family Assistance Administration Act being applied to the service by the Secretary.

 

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 Approval Determination

 

Clause 3 states that Schedule 1 amends the Approval Determination.

 

Explanation of the items in Schedule 1

 

Item 1 – definition of JET child care place

 

Item 1 inserts in section 3 a new definition of “JET child care place”.  “JET child care place” is defined by reference to the meaning given by paragraph 7(2)(c) of the Allocation Determination, that is, to places which 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.

 

Item 2 - new condition of approval of a family day care service

 

Part 2 of the Approval Determination contains rules that must be satisfied in order for a child care service to become approved for the purposes of CCB.  Section 13 of Part 2 sets out rules relating to the priority of access.  The applicant (a person who applies under section 194 of the Family Assistance Administration Act for approval of a child care service for the purposes of the family assistance law) must undertake that the service will provide access to child care places in accordance with those rules.

 

Item 2 inserts new subsection 13(1A), which provides a new rule applicable to family day care services.  Under the new rule, the applicant must undertake that, if a JET child care place is allocated to the service for a child and a period specified in a notice given to the service under section 8 of the Allocation Determination, the service will not provide that place otherwise than to that specified child and for that specified period.


Item 3 – new condition of continued approval of a family day care service applicable to former childcare assistance agreement services

 

Part 3 of the Approval Determination contains rules that must be satisfied in order for an approved child care service to continue to be approved for the purposes of CCB.

Section 16 of Part 3 provides that the service must continue to satisfy the conditions of approval specified in Part 2 (including priority of access provisions as amended by item 2).  A family day care service for whom the applicant made an undertaking relating to the provision of JET child care places specified in new subsection 13(1A) will be bound by this undertaking as a condition of continued approval.

 

Section 17 provides rules relating to continued approval for former childcare assistance services that are treated as being approved child care services (including family day care services) for CCB purposes, but to whom the conditions of approval in Part 2 do not apply.  Subsection 17(8) requires these services to comply with the priority of access provisions specified in subsections 13(2) to (7).  Item 3 amends subsection 17(8) to include the new priority of access requirement in subsection 13(1A), inserted by item 2, relating to the provision of JET child care places by family day care services.

 

Item 4 – new condition of continued approval of a family day care service applicable to existing approved family day care services that are not former childcare assistance agreement services

 

Item 4 inserts subsection 17A into Part 3 to provide a new condition of continued approval relating to the provision of JET child care places, applicable to a family day care service that, on the day of commencement of this subsection, is an approved family day care service but that is not a former childcare assistance service.  As a condition of continued approval, if a JET child care place is allocated to the service for a child and a period specified in a notice given to the service under section 8 of the Allocation Determination, the service must not provide that place otherwise than to that specified child and for that specified period.

Overview

The Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2003 (No. 1) was enacted to address the need for additional conditions governing the approval and continued approval of family day care services under the Jobs, Education and Training Program (JET Program). This determination amends the Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Determination 2000, establishing stricter conditions for family day care services receiving allocated JET child care places. The policy objective is to ensure that family day care services comply with the priority of access rules for children whose parents require this type of care while participating in the JET Program. This Determination is made under subsection 205(1) of the A New Tax System (Family Assistance) (Administration) Act 1999 by the relevant authority, presumably the Secretary under the Family Assistance Administration Act, to align with the amendments in the Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2003 (No. 1). Non-compliance with the new conditions may result in sanctions being applied to the service. This Amendment Determination introduces new rules that require family day care services to adhere to specific conditions if a JET child care place is allocated to them for a specified child and period. The new conditions aim to ensure that the allocated place is provided to the specified child during the specified period and cannot be offered to any other child after that period. This amendment seeks to maintain the integrity of the JET Program by ensuring that child care services comply with the established allocation and priority of access rules, ultimately facilitating the participation of parents in the JET Program while providing necessary child care support.

Scope and Application

The Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2003 (No.1) amends the Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Determination 2000 to introduce new conditions for the approval and continued approval of family day care services in relation to places allocated for children of parents participating in the Jobs, Education and Training Program. This Determination applies to family day care services that receive a JET child care place allocation, ensuring that these services adhere to specific rules when providing care to children of parents involved in the JET Program. These rules are designed to maintain the integrity of the allocation framework and ensure that JET child care places are provided only to the specified children for the specified period. This Amendment Determination is made under the A New Tax System (Family Assistance) (Administration) Act 1999 and applies across the Commonwealth of Australia. Non-compliance with the new conditions may result in sanctions under the Family Assistance Administration Act. The scope of this Determination is limited to family day care services and does not apply to other types of child care services or entities. The Amendment Determination ensures that family day care services allocated a JET child care place must adhere to the priority of access provisions, which include the obligation to provide care only to the specified child for the specified period. Failure to comply with these conditions may result in sanctions, reinforcing the importance of adherence to the legislative framework governing the allocation of JET child care places. This Determination complements the Child Care Benefit (Allocation of Child Care Places) Amendment Determination 2003 (No. 1), which provides the mechanism for allocating JET child care places to family day care services.

Key Provisions

The Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2003 (No. 1) introduces amendments to the existing rules for the approval and continued approval of family day care services in relation to child care benefit (CCB) under the A New Tax System (Family Assistance) (Administration) Act 1999. Specifically, it introduces new conditions of approval and continued approval for family day care services that receive child care places allocated for children of parents participating in the Jobs, Education and Training Program (JET Program). These new conditions are designed to ensure that the allocated JET child care places are used only for the specified child and during the specified period. The Determination imposes specific obligations on family day care services that receive JET child care places. Under the new rules, the service must ensure that any allocated JET child care place is provided only to the specified child for the specified period (Item 2). This is a critical condition of approval for new services and continued approval for existing services, whether they are former childcare assistance agreement services or not (Items 3 and 4). The obligation extends to ensuring that the place is not used for any other child or beyond the specified period, thereby maintaining the integrity of the allocation process. Non-compliance with these conditions can result in sanctions being applied to the service by the Secretary under section 200 of the Family Assistance Administration Act. This includes potential actions to revoke the approval of the service, which would prevent it from offering approved child care services for CCB purposes. The specific consequences and penalties for such breaches are not detailed in the Determination but would be determined in accordance with the relevant provisions of the Family Assistance Administration Act. The Determination, which comes into effect upon gazettal (Clause 2), ensures that the rules governing the eligibility of family day care services for CCB are aligned with the allocation framework for JET child care places. By inserting a new definition of "JET child care place" (Item 1) and modifying the conditions of approval and continued approval (Items 2 to 4), it seeks to streamline the process for providing approved child care services to children of parents participating in the JET Program.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.