Child Care Benefit (Session of Care) Determination 2000

Administered by Department of Social Services

Legislation au F2007B00429 Not in force Legislative Instrument

Legislation content

Child Care Benefit (Session of Care) Determination 2000

as amended

made under section 9 of the

A New Tax System (Family Assistance) Act 1999

This compilation was prepared on 2 April 2008
taking into account amendments up to Child Care Benefit (Session of Care) Amendment Determination 2007 (No. 1)

Prepared by the Public Law Branch,
Department of Families, Housing, Community Services and Indigenous Affairs, Canberra

 

Child Care Benefit (Session of Care) Determination 2000

made under the

A New Tax System (Family Assistance) Act 1999

Contents

 Page

Part 1 Preliminary

1 Citation [see Note 1]

2 Commencement [see Note 1]

3 Interpretation

Part 2 Sessions of Care

4 What is a session of care?

5 Session of care starting on one day and ending on the next day

Part 3 Sessions of care before and after school

6 Definition for this Part

7 Sessions of before school care

8 Sessions of after school care

Notes

Part 1 Preliminary

1        Citation [see Note 1]

  This Determination may be cited as the Child Care Benefit (Session of Care) Determination 2000.

2        Commencement [see Note 1]

 This Determination commences on 1 July 2000, immediately after the commencement of section 9 of the Act.

3        Interpretation

(1)     In this Determination the Act means the A New Tax System (Family Assistance) Act 1999.

(2)     Unless the contrary intention appears, expressions used in this instrument shall have the same meanings as in the primary legislation, and for this purpose “the primary legislation” means the Act and the A New Tax System (Family Assistance) (Administration) Act 1999.

Part 2 Sessions of Care

4 What is a session of care?

(1)         For the purposes of the Act, a session of care is the minimum period of time in respect of which an approved child care service charges a fee for providing child care in any particular case.

(2)         A session of care may start on one day and end on the next day.

(3)         However, a session of care must not exceed 12 hours.

5 Session of care starting on one day and ending on the next day

A session of care that starts on one day (the first day) and ends on the next day is to be treated as having occurred on the first day.

Part 3 Sessions of care before and after school

6 Definition for this Part

In this Part approved child care service does not include an approved occasional care service.

7 Sessions of before school care

(1)          In this section standard period means the period of 2 hours ending immediately before school starts.

(2)          A standard session is the minimum period for which an approved child care service charges a fee for providing before school care to a child in the standard period.

(3)          A standard session must not exceed 2 hours.

(4)          If a child attends a standard session exceeding one hour, and on the same day the approved child care service provides an additional period of care for the child immediately before or after the standard period, a session of care during the additional period must not exceed half an hour.

8 Sessions of after school care

(1)          In this section standard period means the period of 3 and a half hours starting immediately after school finishes.

(2)          A standard session is the minimum period for which an approved child care service charges a fee for providing after school care to a child in the standard period.

(3)          A standard session must not exceed 3 and a half hours.

(4)          If a child attends a standard session exceeding one hour, and on the same day the approved child care service provides an additional period of care for the child immediately before or after the standard period, a session of care during the additional period must not exceed half an hour.

 

Notes

Note 1

The Child Care Benefit (Session of Care) Determination 2000 (in force under section 9 of the A New Tax System (Family Assistance) Act 1999) as shown in this compilation is amended as indicated in the Tables below.

Under the Legislative Instruments Act 2003, which came into force on 1 January 2005, it is a requirement for all non-exempt legislative instruments to be registered on the Federal Register of Legislative Instruments.

Table of Instruments

Title

Date of notification in Gazette or FRLI registration

Date of commencement

Application, saving or transitional provisions

Child Care Benefit (Session of Care) Determination 2000

2 June 2000 (see Gazette 2000, No. S 291)

1 July 2000, immediately after the commencement of section 9 of the A New Tax System (Family Assistance) Act 1999

 

Child Care Benefit (Session of Care) Amendment Determination 2007 (No. 1)

 

31 October 2007 (see F2007L04267)

1 November 2007

Section 4 [see Table A]

 

Table of Amendments

ad. = added or inserted      am. = amended      rep. = repealed      rs. = repealed and substituted

Provision affected

How affected

Part 4 (s.9)...............

rep. 2007 F2007L04267;

 


Table A Application, saving or transitional provisions

Child Care Benefit (Session of Care) Amendment Determination 2007 (No. 1)

4 Application

 (1) This Determination applies to a session of care provided by an approved child care service to a child during a week falling wholly after the application day for the service.

 (2) In this section:

  application day has the meaning given by subitem 91 (1) of Schedule 1 to the Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007.

 

Overview

The Child Care Benefit (Session of Care) Determination 2000, made under section 9 of the A New Tax System (Family Assistance) Act 1999, was enacted to clarify and provide guidelines for the provision and duration of child care sessions for which benefits can be claimed. This determination was introduced to address the need for clear definitions and limits on what constitutes a session of care, particularly in relation to the provision of child care services before and after school hours. It was prepared by the Public Law Branch, Department of Families, Housing, Community Services and Indigenous Affairs, and was brought into effect on 1 July 2000. The policy objective behind this legislation is to ensure that child care benefits are distributed fairly and in accordance with clearly defined periods of care, thus supporting families with the cost of approved child care services. The determination was subsequently amended in 2007 to refine these definitions and provisions.

Scope and Application

The Child Care Benefit (Session of Care) Determination 2000, as amended, operates under section 9 of the A New Tax System (Family Assistance) Act 1999. It applies to approved child care services that provide child care sessions to children, with its provisions commencing on 1 July 2000, following the commencement of the relevant section of the Act. The determination sets out the definition and parameters for a session of care, which is the minimum period for which an approved child care service charges a fee for providing care, with a maximum limit of 12 hours per session. This applies to both before and after school care, with specific durations outlined for standard sessions and any additional periods of care provided on the same day. Notably, the determination has been subject to amendments, such as the Child Care Benefit (Session of Care) Amendment Determination 2007 (No. 1), which further refines the application and provisions of the original determination. The Act’s scope is national, applying across Australia, and it is registered on the Federal Register of Legislative Instruments as per the Legislative Instruments Act 2003.

Key Provisions

The Child Care Benefit (Session of Care) Determination 2000, as amended, provides specific guidelines for determining what constitutes a session of care under the A New Tax System (Family Assistance) Act 1999. According to section 4, a session of care is defined as the minimum period of time for which an approved child care service charges a fee for providing child care, with the maximum duration not exceeding 12 hours. A session can span across two days, but it must not exceed the 12-hour limit. Furthermore, section 5 clarifies that if a session begins on one day and ends on the next, it is treated as having occurred on the first day. The Act imposes certain obligations on parties involved in child care services, such as ensuring that any session of care provided does not exceed the stipulated time limits. For example, before and after school care sessions, as outlined in Part 3, must adhere to specific durations: before school care sessions must not exceed two hours, while after school care sessions must not exceed three and a half hours. If a child attends a session exceeding one hour, any additional care provided on the same day must not exceed half an hour. These obligations are crucial for maintaining the integrity and fairness of the child care benefit system. Failure to comply with the provisions of this Determination can lead to significant consequences. Although the Determination itself does not explicitly state penalties for breaches, non-compliance with the A New Tax System (Family Assistance) Act 1999 could result in both civil and criminal penalties. Under the Act, breaches may attract fines and other penalties as stipulated by the relevant legislation. For instance, under section 26 of the A New Tax System (Family Assistance) (Administration) Act 1999, offences related to the provision of false or misleading information can incur substantial fines, highlighting the seriousness with which breaches are treated.

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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.