Family Assistance Legislation Amendment (Child Care Management System and Other Measures) Act 2007 (118 of 2007)
Schedule 1 Amendments relating to Child Care Management System
Part 1 Amendments
A New Tax System (Family Assistance) (Administration) Act 1999
82 Section 219A
Repeal the section, substitute:
219A Obligation to notify Secretary of enrolment of a child by an individual
(1) An approved child care service must notify the Secretary of the enrolment of a child by an individual for care by the service.
(2) A child is enrolled by an individual for care by an approved child care service if the individual enters into an arrangement with the service for the provision of care to the child by the service.
Note: If 2 individuals each enter into an arrangement for the provision of care to the child by the service, each enrolment will need to be notified to the Secretary.
(3) If:
(a) an individual enters into an arrangement for the care of a child by an approved child care service (the original arrangement ); and
(b) the enrolment of the child by the individual for care by the service ceases under section 219AD; and
(c) a session of care is, or sessions of care are, later provided to the child by the service under the original arrangement;
the individual is taken to enter into a new arrangement for the provision of care to the child by the service at the time the session, or the first of the sessions, of care is provided.
Note: As a result, there will be a new enrolment which will need to be notified to the Secretary.
219AA Obligation to notify Secretary of enrolment where approved child care service eligible
(1) If an approved child care service is eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for a session or sessions of care provided by the service to a child at risk during a period:
(a) for which the service has given a certificate under subsection 76(2) of that Act; or
(b) during which a determination by the Secretary under subsection 81(4) of that Act in circumstances mentioned in subparagraph 81(4)(b)(ii) of that Act is in effect;
the service must notify the Secretary of the enrolment of the child for care by the service.
(2) The child is taken to be enrolled for care by the service when the session, or the first of the sessions, of care begins.
219AB When and how notice to be given
(1) A notice under section 219A or 219AA must:
(a) be given in the form, and in the manner or way, approved by the Secretary; and
(b) contain any information required by the Secretary.
(2) Subject to subsection (3), the notice must be given no later than:
(a) if the child is enrolled after the day on which the Secretary approves the service - the last day of the week immediately following the first week in which care is provided as a result of the enrolment; or
(b) if the child is enrolled before that day, but after the day from which the approval is expressed to operate - 7 days after the day on which the approval is given.
(3) If:
(a) a child care service's approval is suspended at the time a child is enrolled by an individual for care by the service; and
(b) that suspension is later revoked;
the service must give notice of the enrolment under subsection (1) within 7 days after the suspension is revoked.
219AC Offence for failure to notify
(1) An approved child care service commits an offence if:
(a) the service is required to give notice under section 219A; and
(b) the service does not give the notice in accordance with that section and section 219AB.
Penalty: 60 penalty units.
(2) An approved child care service commits an offence if:
(a) the service is required to give notice under section 219AA; and
(b) the service does not give the notice in accordance with that section and section 219AB.
Penalty: 60 penalty units.
(3) Subsections (1) and (2) are offences of strict liability.
219AD When enrolment ceases
(1) An enrolment of a child by an individual for care by an approved child care service ceases if:
(a) the arrangement under which care is provided ceases; or
(b) the service becomes eligible under section 47 of the Family Assistance Act for child care benefit by fee reduction for a session of care provided by the service to the child.
(2) If a child is taken to be enrolled for care by an approved child care service under subsection 219AA(2), the enrolment is taken to have ceased :
(a) if a certificate has been given in respect of the child under subsection 76(2) of the Family Assistance Act, either:
(i) when the period for which a certificate was given ends; or
(ii) if the Secretary makes a determination in circumstances mentioned in subparagraph 81(4)(b)(i) of that Act at the end of the 13 week period mentioned in that subparagraph - when that determination ceases to have effect; or
(b) if the Secretary makes a determination in circumstances mentioned in subparagraph 81(4)(b)(ii) of that Act - when that determination ceases to have effect.
(3) The enrolment of a child for care by an approved child care service (whether by an individual or otherwise) is taken to have ceased if no session of care to the child, over a number of weeks specified by the Secretary by legislative instrument, is reported to the Secretary under section 219N.
(4) Different periods may be specified in relation to different kinds of service or types of care.
219AE Secretary to confirm receipt of notice
(1) Subject to subsection (2), the Secretary must provide confirmation to the approved child care service of the receipt of a notice given under section 219A or section 219AA.
(2) The Secretary need not provide that confirmation if:
(a) the notice is given under section 219A in relation to the enrolment of a child by an individual; and
(b) the information contained in the notice is inconsistent with information contained in a claim, or in a document that accompanies a claim, made by an individual in relation to care provided by the service to the child.
(3) The Secretary must include in the confirmation details of the record maintained by the Secretary in relation to the enrolment.
(4) The confirmation must be given in the form, and in the manner or way, approved by the Secretary.
219AF Obligation to update enrolment information
(1) If:
(a) an approved child care service gives notice of enrolment in accordance with sections 219A and 219AB, or sections 219AA and 219AB; and
(b) after the notice is given:
(i) information provided in the notice becomes incorrect; or
(ii) information becomes available that, had it been available at the time the notice was given, should have been included in the notice; or
(iii) information becomes available that, had it been available at the time the notice was given, would have required the notice to have been given in a different form;
the service must, within 7 days after the information becomes incorrect or becomes available, notify the Secretary of the correction or available information.
(2) The notice must be given in the form, and in the manner or way, approved by the Secretary.
219AG Offence for failure to update enrolment information
(1) An approved child care service commits an offence if:
(a) the service is required to notify the Secretary of a correction or available information under section 219AF; and
(b) the service does not notify the Secretary in accordance with that section.
Penalty: 60 penalty units.
(2) Subsection (1) is an offence of strict liability.