EXPLANATORY STATEMENT
Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2000
Summary
This determination is made under subsection 210(4) of the A New Tax System (Family Assistance) (Administration) Act 1999 (the Administration Act).
The purpose of this determination is to set out required qualifications for registered carers for the purposes of child care benefit (CCB).
Background
The A New Tax System (Family Assistance) Act 1999 (the Family Assistance Act) introduced CCB, which is a payment towards a family’s child care costs. One situation in which a person may be eligible for CCB under the Family Assistance Act is where child care is provided by a “registered carer”. “Registered carer” is defined in the Administration Act as an individual approved as a registered carer under the relevant part of that Act. Section 210 of the Administration Act sets out circumstances in which a person must be approved as a registered carer. Generally, in order to be approved as a registered carer a person must be over a specified age, but subsection 210(4) provides that the Minister may determine alternative qualifications to be met by persons who do not meet the age requirement. This determination sets out those qualifications.
Explanation of the provisions
Part 1
Section 1 of the determination states the name of the determination and section 2 states that the determination commences on 1 July 2000, which is the date that the CCB provisions of the Family Assistance Act will begin to operate. Section 3 contains interpretation provisions.
Part 2
Section 4 provides that a person who does not meet the age requirement to be a registered carer must have a qualification in child care, or as a nanny or home-based help. The qualification must be issued by a State or Territory accredited training provider, and must be listed on the National Training Information Service database.
Overview
The Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2000 was enacted to address the need for specific qualifications for individuals who provide child care but do not meet the age requirement to be considered registered carers under the A New Tax System (Family Assistance) (Administration) Act 1999. This determination was made under the authority of the Administration Act, specifically subsection 210(4), and it provides a framework for alternative qualifications that would allow such individuals to be eligible for the child care benefit. The policy objective behind this legislation is to ensure that child care is provided by adequately trained and qualified individuals, thereby safeguarding the welfare of children while also supporting families with necessary financial assistance for child care costs.
This determination clarifies that a person who does not meet the age criteria for registration as a carer must hold a relevant qualification in child care or related fields, such as nanny or home-based help, issued by an accredited training provider recognised by a state or territory. These qualifications must be listed on the National Training Information Service database to ensure they meet the necessary standards. By setting out these qualifications, the legislation aims to maintain high standards of care for children while enabling broader eligibility for the child care benefit.
Scope and Application
The Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2000 applies to individuals who seek to be approved as registered carers for the purposes of receiving child care benefit (CCB) under the A New Tax System (Family Assistance) (Administration) Act 1999. Specifically, the determination sets out alternative qualifications that must be met by individuals who do not meet the age requirement to be approved as a registered carer. This includes individuals who must hold a qualification in child care, or as a nanny or home-based help, issued by a State or Territory accredited training provider and listed on the National Training Information Service database. The determination applies nationally across Australia, as it is made under the Commonwealth Act. There are no stated exclusions, exemptions, or thresholds within the determination itself; however, the primary legislation and other related regulations may impose additional conditions or criteria. The scope of the determination can be extended or modified through subordinate instruments made under the authority of the primary Act.
Key Provisions
The Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2000, under section 210(4) of the A New Tax System (Family Assistance) (Administration) Act 1999, outlines the qualifications required for individuals to be approved as registered carers for the purposes of child care benefit (CCB). Section 1 identifies the determination, while section 2 establishes that it comes into effect on 1 July 2000, coinciding with the operational commencement of the CCB provisions in the Family Assistance Act. Section 3 provides definitions and interpretation of terms used within the determination.
Under this legislation, the primary requirement is that an individual who does not meet the age criteria to be a registered carer must possess a specific qualification in child care, or as a nanny or home-based help. This qualification must be accredited by a State or Territory training provider and listed on the National Training Information Service database. The objective is to ensure that individuals providing child care have the necessary skills and knowledge to deliver quality care.
The obligations imposed by this determination are primarily directed towards individuals seeking to become registered carers. They must ensure that any qualifications they hold meet the criteria specified in section 4. Registered carers are also expected to maintain their qualifications and ensure they remain current and valid as per the National Training Information Service database. Additionally, the determination mandates that State or Territory accredited training providers must properly accredit and list relevant qualifications on the required database to facilitate verification by the Minister.
Failure to comply with the provisions of this determination can result in penalties and consequences. While the determination does not explicitly detail specific offences or penalties, breaches of the requirements may lead to disqualification from being a registered carer, thereby affecting eligibility for child care benefit. Such disqualifications can have significant implications for both the individual and the family relying on the benefit for their child care needs. Indirectly, this could also result in legal actions for misrepresentation or fraud if an individual knowingly provides false information to qualify as a registered carer.