Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2017

Administered by Department of Education

Legislation au F2017L01238 Not in force Legislative Instrument

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Explanatory Statement

Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2017

Summary

The Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2017 (the Determination) is made by the Minister for Education and Training under subsection 210(4) of the A New Tax System (Family Assistance) (Administration) Act 1999 (the Administration Act). 

The purpose of the Determination is to set out the required qualifications that a person must hold in order to be approved as a registered carer, if the person does not meet the minimum age requirement to be approved as a registered carer. It continues the operation of the Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2000, which is repealed under Part 4 of the Legislation Act 2003 (Sunsetting of legislative instruments), on 1 October 2017.

Background

Division 4 of Part 3 of the A New Tax System (Family Assistance) Act 1999 (the Family Assistance Act) includes provisions relevant to the eligibility requirements for child care benefit. A person must be eligible for child care benefit, before they may be determined, under Division 4 of Part 3 of the Administration Act to be entitled to be paid child care benefit.

Child care benefit is a means-tested payment which assists individuals with child care costs. Under family assistance law, a person may be eligible for child care benefit where child care is provided by a registered carer. Section 210 of the Administration Act sets out the requirements for the Secretary to approve an individual as a registered carer. Amongst other things, in order to be approved as a registered carer an individual must generally be at least 18 years old. However, an individual who has not turned 18 can be approved by the Secretary as a registered carer if the individual holds qualifications determined by the Minister, by legislative instrument. This Determination sets out those qualifications.

The Determination is intended to replicate the operation of the Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2000 (2000 Determination). The references in the 2000 Determination to the relevant qualifications are outdated, so the opportunity has been taken to bring those references up to date in the new Determination. The 2000 Determination is repealed on 1 October 2017, under Part 4 of the Legislation Act 2003 (Sunsetting of legislative instruments). The new Determination will operate from 1 October 2017 until 2 July 2018, when it will be repealed.

The Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017 (the Amendment Act) was enacted on 4 April 2017. This Amendment Act gives effect to the legislative elements of the Government’s new child care system, including the Child Care Subsidy and Additional Child Care Subsidy from 2 July 2018. In particular, the Amendment Act repeals the provisions of the Administration Act in relation to registered carers.

Consequently, the sole purpose of the Determination is to enable the operation of the current arrangements for the approval of individuals under 18 as registered carers between the sunsetting of the 2000 Determination on 1 October 2017 and the commencement of the Amendment Act on 2 July 2018.

Consultation

Prior to this instrument being made, targeted consultation was undertaken with child care stakeholders notifying them of the remaking of the instrument and inviting their comments. Targeted consultation was deemed appropriate as the remaking of the instrument was machinery in nature to continue the operation of the Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2000 until 2 July 2018. The instrument does not substantially alter existing arrangements.

Regulatory Impact Statement

The Determination does not require a Regulatory Impact Statement or a Business Cost Calculator Figure. The Determination remakes the 2000 Determination for a short period, and is machinery in nature and will not have more than minor regulatory impact. The Office of Best Practice Regulation (OBPR) agrees with this regulatory impact assessment (OBPR ID 22536).

Authority

The Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2017 is made under subsection 210(4) of the A New Tax System (Family Assistance) (Administration) Act 1999.

Explanation of Provisions

Section 1 sets out that the name of the instrument is the Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2017.

Section 2 provides that the instrument commences on 1 October 2017 and is repealed immediately after the commencement of Schedule 1 to the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017 (i.e. on 2 July 2018).

Section 3 sets out that the authority for the instrument is the A New Tax System (Family Assistance) (Administration) Act 1999.

Section 4 specifies that in order for an individual, who does not meet the age requirements in subsection 210(2) of the Administration Act, to be eligible to be approved as a registered carer for the purposes of the family assistance law they must have a qualification that relates to early childhood, child care or home and community care. The qualification must have been issued by a registered training organisation within the scope of its registration and is included on the National Register (within the meaning of the National Vocational Education and Training Regulator Act 2011). Section 4 updates the references to qualifications that are currently referred to in section 4 of the 2000 Determination.

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2017

This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2017 (the Determination) is made by the Minister for Education and Training under subsection 210(4) of the A New Tax System (Family Assistance) (Administration) Act 1999 (the Administration Act).

The purpose of the Determination is to set out the required qualifications that a person must hold in order to be approved as a registered carer, if the person does not meet the minimum age requirement to be approved as a registered carer. It continues the operation of the Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2000, which is repealed under Part 4 of the Legislation Act 2003 (Sunsetting of legislative instruments), on 1 October 2017.

Division 4 of Part 3 of the A New Tax System (Family Assistance) Act 1999 (the Family Assistance Act) includes provisions relevant to the eligibility requirements for child care benefit. A person must be eligible for child care benefit, before they may be determined, under Division 4 of Part 3 of the Administration Act to be entitled to be paid child care benefit.

Child care benefit is a means-tested payment which assists individuals with child care costs. Under family assistance law, a person may be eligible for child care benefit where child care is provided by a registered carer. Section 210 of the Administration Act sets out the requirements for the Secretary to approve an individual as a registered carer. Amongst other things, in order to be approved as a registered carer an individual must generally be at least 18 years old.  However, an individual who has not turned 18 can be approved by the Secretary as a registered carer if the individual holds qualifications determined by the Minister, by legislative instrument. This Determination sets out those qualifications.

The Determination is intended to replicate the operation of the Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2000 (2000 Determination). The references in the 2000 Determination to the relevant qualifications are outdated, so the opportunity has been taken to bring those references up to date in the new Determination. The 2000 Determination is repealed on 1 October 2017, under Part 4 of the Legislation Act 2003 (Sunsetting of legislative instruments). The new Determination will operate from 1 October 2017 until 2 July 2018, when it will be repealed.

The Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017 (the Amendment Act) was enacted on 4 April 2017. This Amendment Act gives effect to the legislative elements of the Government’s new child care system, including the Child Care Subsidy and Additional Child Care Subsidy from 2 July 2018. In particular, the Amendment Act repeals the provisions of the Administration Act in relation to registered carers.

Consequently, the sole purpose of the Determination is to enable the operation of the current arrangements for the approval of individuals under 18 as registered carers between the sunsetting of the 2000 Determination on 1 October 2017 and the commencement of the Amendment Act on 2 July 2018.

Human Rights Implications

The making of the Determination is machinery in nature to enable current legislative requirements set out in the 2000 Determination to continue until 2 July 2018. The Determination does not substantially alter existing arrangements and will not have more than minor regulatory impact or change any human rights implications under the current instrument.

The Determination in isolation does not engage any of the applicable rights or freedoms. It merely specifies the qualifications and accreditation requirements an individual must have who does not meet the age requirements set out in the Administration Act. The principal registered carer requirements are set out in the Administration Act.

Conclusion

The Determination is compatible with human rights as it does not raise any human rights issues.

 

Simon Birmingham

Minister for Education and Training

Overview

The Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2017 was made by the Minister for Education and Training under subsection 210(4) of the A New Tax System (Family Assistance) (Administration) Act 1999. This legislative instrument was introduced to address the need for an updated set of qualifications for individuals under 18 years of age to be approved as registered carers, thereby ensuring continuity of child care benefit arrangements until the new legislative framework takes effect on 2 July 2018. The primary purpose of the Determination is to replicate the operation of the previous Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2000, which has been sunsetted, to ensure that the qualifications required for approval as a registered carer remain current and relevant. The Determination serves as a transitional measure until the commencement of the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017, which introduces a new child care subsidy system.

Scope and Application

The Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2017 applies to individuals who wish to be approved as registered carers under the A New Tax System (Family Assistance) (Administration) Act 1999 but do not meet the minimum age requirement. Specifically, it sets out the qualifications required for individuals under 18 years to be approved as registered carers, thereby enabling them to provide child care services for which the child care benefit may be claimed. The Determination operates at the Commonwealth level and is intended to continue the operation of the previous Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2000 until it is repealed on 2 July 2018 by the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017. The instrument does not specify any exclusions or exemptions and extends its application through the administrative process of approving qualifications issued by registered training organisations listed on the National Register. The Determination is machinery in nature and is deemed compatible with human rights as it does not alter the fundamental eligibility criteria or introduce new rights or obligations beyond what is necessary to ensure the smooth transition of existing legislative requirements.

Key Provisions

The Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2017 sets out the qualifications required for individuals under 18 to be approved as registered carers, in line with section 4 (subsection 210(4)) of the A New Tax System (Family Assistance) (Administration) Act 1999 (Administration Act). Under section 4, the Determination specifies that for an individual not meeting the age requirements in the Administration Act to be eligible for approval as a registered carer, they must hold a qualification related to early childhood, child care, or home and community care. This qualification must be issued by a registered training organisation within the scope of its registration and must be included on the National Register under the National Vocational Education and Training Regulator Act 2011. The Determination aims to replicate the Child Care Benefit (Specified Qualifications for Registered Carers) Determination 2000, updating the references to qualifications that are included in the 2000 Determination. The Determination imposes specific obligations on individuals who seek to be approved as registered carers if they do not meet the minimum age requirement. These individuals must hold the specified qualifications as outlined in section 4. The obligations include ensuring that the qualifications are relevant to early childhood, child care, or home and community care and are issued by a registered training organisation within the scope of its registration. Additionally, the qualifications must be listed on the National Register. Failure to meet these qualifications could result in the individual not being approved as a registered carer, thereby affecting their eligibility for child care benefit under the Administration Act. There are no specific offences or penalties outlined in the Determination itself. However, failure to comply with the qualifications requirement may result in the Secretary not approving an individual as a registered carer. This non-approval could prevent the individual from being eligible for child care benefit, which is a means-tested payment assisting individuals with child care costs. The primary consequence of not meeting the qualification requirements is the inability to be approved as a registered carer, thereby impacting eligibility for child care benefit. The Determination does not impose fines or other penalties but ensures that the eligibility criteria for registered carers are strictly adhered to, maintaining the integrity of the child care benefit system.

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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.