Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017 (22 of 2017)
Schedule 1 Main amendments
A New Tax System (Family Assistance) Act 1999
40 After Part 4
Insert:
Part 4A - Child care subsidy
Division 1 - Introduction
85AA Simplified outline of this Part
An individual whose child is attending a child care service may be eligible for child care subsidy (CCS) in relation to the fees charged by the service.
In some circumstances, the individual may be eligible for additional child care subsidy (ACCS) instead.
The child care service must be approved and the individual must meet the eligibility criteria for CCS or ACCS.
Generally, for CCS, the eligibility criteria relate to the child's relationship to the individual, the child's age and immunisation status and the individual's residency status.
For ACCS, the individual must be eligible for CCS and meet some additional criteria.
The approved provider of a child care service may be eligible for ACCS (child wellbeing) (relating to a child at risk of serious abuse or neglect) when there is no eligible individual, if the service is approved and certain additional criteria are met.
85AB Constitutional basis
(1) Without limitation, the provisions of this Act and the Family Assistance Administration Act in relation to child care subsidy and additional child care subsidy (including provisions in relation to approved providers) rely on:
(a) the Commonwealth's legislative powers under paragraphs 51(xxiiiA), (xxix) and (xxxix) of the Constitution; and
(b) any implied legislative powers of the Commonwealth.
(2) For the purposes of reliance on paragraph 51(xxix) of the Constitution and without limitation, the provisions of this Act and the Family Assistance Administration Act in relation to child care subsidy and additional child care subsidy (including provisions in relation to approved providers) are intended to give effect to the Convention on the Rights of the Child done at New York on 20 November 1989.
Note: The Convention on the Rights of the Child is in Australian Treaty Series 1991 No. 4 ([1991] ATS 4) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
Division 2 - Eligibility for child care subsidy
85BA Eligibility for CCS
(1) An individual is eligible for CCS for a session of care provided by an approved child care service to a child if:
(a) at the time the session of care is provided:
(i) the child is an FTB child, or a regular care child, of the individual or the individual's partner; and
(ii) the child is 13 or under and does not attend secondary school, or the requirements covered by subsection (2) are satisfied; and
(iii) the child meets the immunisation requirements in section 6; and
(iv) the individual, or the individual's partner, meets the residency requirements in section 85BB; and
(b) the individual, or the individual's partner, has incurred a liability to pay for the session of care under a complying written arrangement; and
(c) the session of care:
(i) is provided in Australia; and
(ii) is not provided as part of the compulsory education program in the State or Territory where the care is provided; and
(iii) is not provided in circumstances prescribed by the Minister's rules; and
(d) Division 5 does not prevent the individual being eligible for CCS for the session of care.
Note: Complying written arrangement is defined in subsection 200B(3) of the Family Assistance Administration Act.
(2) For the purposes of subparagraph (1)(a)(ii), the requirements covered by this subsection are that:
(a) the child is a member of a class prescribed by the Minister's rules; and
(b) the individual and the approved child care service satisfy any conditions prescribed by the Minister's rules in relation to the child.
85BB Residency requirements
(1) For the purposes of subparagraph 85BA(1)(a)(iv), an individual or the individual's partner meets the residency requirements at a time if, at that time, the individual or partner:
(a) is an Australian resident; or
(b) is a special category visa holder residing in Australia; or
(c) satisfies subsection (2) of this section; or
(d) is undertaking a course of study in Australia and receiving financial assistance directly from the Commonwealth for the purpose of undertaking that study.
(2) The individual or the individual's partner satisfies this subsection if the individual or partner:
(a) is the holder of a visa determined by the Minister for the purposes of subparagraph 729(2)(f)(v) of the Social Security Act 1991; and
(b) is either in Australia or temporarily absent from Australia for no more than 6 weeks on an allowable absence in relation to special benefit within the meaning of Part 4.2 of that Act.
Division 3 - Eligibility for additional child care subsidy
Subdivision A - Eligibility for ACCS (child wellbeing)
85CA Eligibility for ACCS (child wellbeing)
Eligibility of individual
(1) An individual is eligible for ACCS for a session of care provided by an approved child care service to a child if:
(a) the individual is eligible for CCS for the session of care; and
(b) either of the following is in effect in relation to the child for the week in which the session of care is provided:
(i) a certificate given by the approved provider of the service under section 85CB;
(ii) a determination made by the Secretary under section 85CE; and
(c) Division 5 does not prevent the individual being eligible for ACCS (child wellbeing) for the session of care.
Eligibility of approved provider
(2) The approved provider of an approved child care service is eligible for ACCS for a session of care provided by the service to a child if:
(a) either of the following is in effect in relation to the child for the week in which the session of care is provided:
(i) a certificate given by the provider under section 85CB;
(ii) a determination made by the Secretary under section 85CE; and
(b) at the time the session of care is provided:
(i) the provider is not able to identify an individual who is eligible for ACCS (child wellbeing) for the session of care; and
(ii) the child is 13 or under and does not attend secondary school, or the requirements covered by subsection (3) are satisfied; and
(iii) the child meets the immunisation requirements in section 6; and
(c) the session:
(i) is provided in Australia; and
(ii) is not provided as part of the compulsory education program in the State or Territory where the care is provided; and
(iii) is not provided in circumstances prescribed by Minister's rules made for the purposes of subparagraph 85BA(1)(c)(iii); and
(d) Division 5 does not prevent the provider being eligible for ACCS (child wellbeing) for the session of care.
(3) For the purposes of subparagraph (2)(b)(ii), the requirements covered by this subsection are that:
(a) the child is a member of a class prescribed by the Minister's rules; and
(b) the approved child care service satisfies any conditions prescribed by the Minister's rules in relation to the child.
Child at risk of serious abuse or neglect
(4) The Minister's rules may prescribe circumstances in which a child is or is not taken to be at risk of serious abuse or neglect.
85CB Certification for ACCS (child wellbeing)
(1) The approved provider of an approved child care service may, if it considers that a child is or was at risk of serious abuse or neglect on a day (an at risk day ), give the Secretary a certificate to that effect.
Note: If the provider gives a certificate under this section, it must give notice to an appropriate State/Territory body in accordance with section 204K of the Family Assistance Administration Act.
(2) The certificate must:
(a) be given in a form and manner approved by the Secretary; and
(b) contain the information, and be accompanied by the documents, required by the Secretary; and
(c) specify the day it takes effect (which must be the Monday of a week that includes an at risk day and cannot be more than 28 days before the certificate is given); and
(d) specify the whole weeks for which it has effect (which must be weeks that include an at risk day); and
(e) identify the service to which, and the child to whom, it relates; and
(f) include any other matters prescribed by the Secretary's rules.
(3) A certificate given by an approved provider does not take effect if the certificate would have the effect that, in any period of 12 months, certificates given by the provider in relation to a particular child and a particular service would be in effect for more than 6 weeks (disregarding any days on which the provider's approval is suspended, or suspended in respect of the service).
(4) A certificate given by an approved provider does not take effect if the certificate would have the result that, on any particular day during the first week in which the certificate takes effect, certificates given by the provider, together with any determinations made on application by the provider under section 85CE, would be in effect in relation to more than the following percentage of children for whom the service is providing carethat day:
(a) 50%;
(b) if the Secretary's rules prescribe a different percentage and paragraph (c) does not apply - the prescribed percentage;
(c) if the Secretary determines that it is appropriate to the circumstances of the service, and makes a written determination to that effect that applies on the day - the percentage specified in the determination.
(5) A certificate given by an approved provider does not take effect if a circumstance prescribed by the Minister's rules exists in relation to any or all of the provider, the service or the child.
(6) A determination made under paragraph (4)(c) is not a legislative instrument.
85CC Cancellation of certificate by approved provider
(1) If:
(a) a certificate given by an approved provider under section 85CB in relation to a child is in effect for a week; and
(b) the provider considers that the child is not at any risk of serious abuse or neglect during the week; and
(c) the time for varying, substituting or withdrawing the report under subsection 204B(6) (requirement to report about children for whom care is provided) of the Family Assistance Administration Act for the first week for which the certificate has effect has not expired;
the provider must, by written notice given to the Secretary, cancel the certificate.
(2) If the provider cancels a certificate, the certificate is taken never to have been in effect.
(3) The provider may cancel a certificate even if the certificate has ceased to have effect.
(4) Despite paragraph 85CB(2)(c), if:
(a) the provider cancels a certificate in relation to a child under this section (the original certificate ); and
(b) the provider then gives a certificate under section 85CB in relation to the child for one or more weeks for which the original certificate was specified to have effect (the replacement certificate );
the replacement certificate may take effect more than 28 days before the replacement certificate is given but no earlier than the day the original certificate took effect.
85CD Variation and cancellation of certificates by Secretary
(1) If:
(a) a certificate given by an approved provider under section 85CB in relation to a child is in effect for a week; and
(b) the Secretaryconsidersthat the child is not at any risk of serious abuse or neglect during the week;
the Secretary may, by written notice given to the provider, cancel or vary the certificate so that the certificate is not in effect for the week.
(2) If the Secretary cancels the certificate, the certificate ceases to have effect on the day specified in the notice (which must be a Monday and may be earlier than the day the notice is given).
(3) If the Secretary varies the certificate, the certificate is varied as specified in the notice with effect from the day specified in the notice (which must be a Monday and may be earlier than the day the notice is given).
(4) The Secretary may cancel or vary a certificate even if the certificate has ceased to have effect.
85CE Determination for ACCS (child wellbeing)
(1) An approved provider may apply to the Secretary for a determination under this section if the provider:
(a) considers that a child is or was at risk of serious abuse or neglect at the time an approved child care service of the provider provides or provided a session of care to the child; and
(b) is unable to give a certificate because of subsection 85CB(3) or (4).
Note: Before making the application, the provider must give notice to an appropriate State/Territory body in accordance with section 204K of the Family Assistance Administration Act.
(2) The application must:
(a) be made in a form and manner approved by the Secretary; and
(b) contain the information, and be accompanied by the documents, required by the Secretary.
(3) The Secretary must, no later than 28 days after the day the application is made:
(a) if satisfied that the child is or was at risk of serious abuse or neglect on a day (an at risk day ) - make a written determination to that effect; and
(b) otherwise - refuse the application.
Note: Persons whose interests are affected by the decision must be notified of the decision and of their right to have it reviewed (see section 27A of the AAT Act).
(4) If the Secretary neither makes a determination nor refuses the application by the end of the 28 days after the day the application was made, the Secretary is taken at that time to have refused the application. Subsection 27A(1) of the AAT Act does not apply to such a refusal.
Note: This means the Secretary is not required to give notice of the refusal.
(5) A determination made under this section must:
(a) specify the day it takes effect, which must be the Monday of a week that includes an at risk day and cannot be more than 28 days before the application was made; and
(b) specify the whole weeks for which it has effect, which:
(i) must be weeks that include an at risk day; and
(ii) cannot exceed 13 weeks; and
(c) identify the child to whom it relates.
(6) If:
(a) a determination made under this section is in effect in relation to a child; and
(b) the Secretary is satisfied that the child will still be at risk of serious abuse or neglect after the determination ceases to have effect;
the Secretary may make a written determination accordingly to take effect on the Monday immediately after the earlier determination ceases to have effect.
(7) A determinationmade underthis section is not a legislative instrument.
85CF Variation and revocation of determinations
(1) If:
(a) a determination made under section 85CE in relation to a child is in effect for a week; and
(b) the Secretary considers that the child is not at any risk of serious abuse or neglect during the week;
the Secretary may, by written notice given in accordance with subsection (2), cancel or vary the determination so that the determination is not in effect for the week.
(2) The Secretary must give the written notice to the approved provider that made the application for the determination, or, if there has been more than one consecutive such determination, for the first determination in the series.
Note: Persons whose interests are affected by the decision must be notified of the decision and of their right to have it reviewed (see section 27A of the AAT Act).
(3) If the Secretary revokes a determination, the determination ceases to have effect on the day specified in the notice (which must be a Monday and may be earlier than the day the notice is given).
(4) If the Secretary varies a determination, the determination is varied as specified in the notice with effect from the day specified in the notice (which must be a Monday and may be earlier than the day the notice is given).
(5) The Secretary may vary or revoke a determination even if the determination has ceased to have effect.
Subdivision B - Eligibility for ACCS (temporary financial hardship)
85CG Eligibility for ACCS (temporary financial hardship)
(1) An individual is eligible for ACCS for a session of care provided by an approved child care service to a child if:
(a) the individual is eligible for CCS for the session of care; and
(b) a determination of temporary financial hardship made by the Secretary under section 85CH is in effect in relation to the individual for the week in which the session of care is provided; and
(c) Division 5 does not prevent the individual being eligible for ACCS (temporary financial hardship) for the session.
Temporary financial hardship
(2) The Minister's rules may prescribe circumstances in which an individual is taken to be experiencing temporary financial hardship.
85CH Determination of temporary financial hardship
Determinations on own initiative or on application
(1) The Secretary may make a determination that an individual is experiencing temporary financial hardship:
(a) on application by the individual in accordance with this section; or
(b) on the Secretary's own initiative, if the Secretary is satisfied that a circumstance prescribed by the Minister's rules for the purposes of subsection 85CG(2) (temporary financial hardship) exists in relation to the individual.
Applications
(2) An individual may apply to the Secretary for a determination under this section, if the individual considers that a circumstance prescribed by the Minister's rules for the purposes of subsection 85CG(2) (temporary financial hardship) exists in relation to the individual.
(3) The application must:
(a) be made in a form and manner approved by the Secretary; and
(b) contain the information, and be accompanied by the documents, required by the Secretary.
(4) The Secretary must, no later than 28 days after the day the application is made:
(a) if satisfied that a circumstance prescribed by the Minister's rules for the purposes of subsection 85CG(2) (temporary financial hardship) exists in relation to the individual - make the determination referred to in subsection (1); and
(b) otherwise - refuse the application.
Note: Persons whose interests are affected by the decision must be notified of the decision and of their right to have it reviewed (see section 27A of the AAT Act).
(5) If the Secretary neither makes a determination nor refuses the application by the end of the 28 days after the day the application was made, the Secretary is taken at that time to have refused the application. Subsection 27A(1) of the AAT Act does not apply to such a refusal.
Note: This means the Secretary is not required to give notice of the refusal.
Content etc. of determinations
(6) A determination made under this section must:
(a) specify the day it takes effect, which must be a Monday and cannot be more than 28 days before:
(i) if made on application - the application was made; or
(ii) otherwise - the determination was made; and
(b) specify the whole weeks for which it has effect; and
(c) identify the child to whom it relates; and
(d) identify the individual concerned and the reason why the circumstance causing the temporary financial hardship exists in relation to the individual.
(7) A determination does not take effect if the determination would have the result that determinations made under this section would be in effect in relation to a particular child and a particular individual, and for a particular reason, for more than 13 weeks.
(8) A determinationmade under this section is not a legislative instrument.
85CI Revocation of determinations
(1) If:
(a) a determination made under section 85CH in relation to an individual is in effect for a week; and
(b) the Secretary considers that a circumstance prescribed by the Minister's rules for the purposes of subsection 85CG(2) (temporary financial hardship) does not exist in relation to the individual during the week;
the Secretary may, by written notice given to the individual, cancel or vary the determination so that the determination is not in effect for the week.
Note: Persons whose interests are affected by the decision must be notified of the decision and of their right to have it reviewed (see section 27A of the AAT Act).
(2) If the Secretary revokes a determination, the determination ceases to have effect on the day specified in the notice (which must be a Monday and may be earlier than the day the notice is given).
(3) If the Secretary varies a determination, the determination is varied as specified in the notice with effect from the day specified in the notice (which must be a Monday and may be earlier than the day the notice is given).
(4) The Secretary may vary or revoke a determination even if the determination has ceased to be in effect.
Subdivision C - Eligibility for ACCS (grandparent)
85CJ Eligibility for ACCS (grandparent)
(1) An individual is eligible for ACCS for a session of care provided by an approved child care service to a child if:
(a) the individual is eligible for CCS for the session of care; and
(b) the individual, or the individual's partner, is the grandparent or great-grandparent of the child; and
(c) at the start of the CCS fortnight in which the session of care is provided, the individual or the individual's partner is the principal carer of the child within the meaning of subsection (2); and
(d) at the start of the CCS fortnight in which the session of care is provided, the individual, or the individual's partner, is receiving:
(i) a social security pension; or
(ii) a social security benefit; or
(iii) a service pension; or
(iv) an income support supplement under Part IIIA of the Veterans' Entitlements Act 1986; and
(e) Division 5 does not prevent the individual being eligible for ACCS (grandparent) for the session.
(2) For the purposes of paragraph (1)(c), the individual or the individual's partner is the principal carer of the child if the individual or partner:
(a) provides all or at least 65% of ongoing daily care for the child; and
(b) has substantial autonomy for the day-to-day decisions about the child's care, welfare and development.
(3) In determining, for the purposes of this section, whether an individual is a grandparent or great-grandparent of another person, treat the following relationships as if they were biological child-parent relationships:
(a) the relationship between an adopted child and his or her adoptive parent;
(b) the relationship between a step-child and his or her step-parent;
(c) the relationship between a relationship child and his or her relationship parent.
(4) In this section:
adoptive parent , of a person (the child ), means the person who adopted the child under a law of any place (whether in Australia or not) relating to the adoption of children.
step-parent , of a person (the child ), means the person who:
(a) is the current or former partner of the biological parent, adoptive parent or relationship parent of the child; and
(b) is not the biological parent, adoptive parent or relationship parent of the child.
Subdivision D - Eligibility for ACCS (transition to work)
85CK Eligibility for ACCS (transition to work)
Eligibility of individual receiving transition to work payment
(1) An individual is eligible for ACCS for a session of care provided by an approved child care service to a child if:
(a) the individual is eligible for CCS for the session of care; and
(b) at the start of the CCS fortnight in which the session of care is provided:
(i) the individual is receiving (within the meaning of subsections 23(2) and (4) of the Social Security Act 1991) a transition to work payment referred to in subsection (3) of this section; and
(ii) if the transition to work payment is referred to in paragraph (3)(a) - an employment pathway plan within the meaning of the Social Security Act 1991,or a participation plan under section 94B of that Act, is in effect in relation to the individual; and
(c) any requirements prescribed by the Minister's rules are met; and
(d) Division 5 does not prevent the individual being eligible for ACCS (transition to work) for the session.
Eligibility of individual who ceased receiving transition to work payment fewer than 12 weeks ago
(2) An individual is eligible for ACCS for a session of care provided by an approved child care service to a child if:
(a) the individual is eligible for CCS for the session of care; and
(b) the individual stopped receiving (within the meaning of subsections 23(2) and (4) of the Social Security Act 1991) a transition to work payment referred to in subsection (3) of this section less than 12 weeks before the start of the CCS fortnight in which the session of care is provided; and
(c) any requirements prescribed by the Minister's rules are met; and
(d) Division 5 does not prevent the individual being eligible for ACCS (transition to work) for the session.
Definition of transition to work payment
(3) Each of the following is a transition to work payment :
(a) the following payments made under the social security law:
(i) parenting payment;
(ii) newstart allowance;
(iii) disability support pension;
(iv) youth allowance;
(b) a payment (whether or not made under the social security law) prescribed by the Minister's rules.
Division 4 - Eligibility in substitution for an individual who has died
85DA Eligibility for child care subsidy or additional child care subsidy in substitution for individual who has died
If:
(a) an individual is eligible for CCS or ACCS; and
(b) the individual dies; and
(c) an amount of CCS or ACCS for which the individual was eligible has not been paid; and
(d) another individual (the substitute ) makes a claim under Part 3A of the Family Assistance Administration Act for CCS in substitution for the individual who has died; and
(e) the Secretary considers that the substitute ought to be eligible for so much of the unpaid amount as relates to sessions of care provided after the start of the income year before the income year in which the individual died;
the substitute is eligible for that much of the unpaid amount of CCS or ACCS.
Division 5 - Limitations on eligibility for child care subsidy and additional child care subsidy
85EA Only one individual eligible at a time
(1) If, apart from this section, more than one individual would be eligible for CCS for the same session of care provided to a child, only the individual determined under subsection (2) is eligible for the CCS.
(2) For the purposes of subsection (1), the Secretary may, in accordance with any Minister's rules, determine in writing the individual eligible for the CCS for the session of care provided to the child.
(3) A determination made under subsection (2) is not a legislative instrument.
85EB Only eligible for one kind of ACCS at a time
If, apart from this section, an individual would be eligible for ACCS under more than one provision of Division 3 for the same session of care provided to a child, then the individual is only eligible for:
(a) ACCS (child wellbeing); or
(b) if the individual is not eligible for ACCS (child wellbeing) - ACCS (grandparent); or
(c) if the individual is not eligible for ACCS (child wellbeing) or ACCS (grandparent) - ACCS (temporary financial hardship).
Note: An individual who would otherwise be eligible for ACCS (transition to work), as well as for one or more other kinds of ACCS, is instead eligible for the other kind, or one of the other kinds, of ACCS according to the priority set out in this section.
85EC Only one individual eligible in substitution for individual who has died
If an individual is eligible for an amount of CCS or ACCS because of section 85DA (eligibility in substitution for individual who has died), no other individual and no approved provider is or can become eligible for CCS or ACCS that is part of the amount.
85ED No eligibility for child who is in care of State or Territory or member of prescribed class
(1) An individual is not eligible for CCS or ACCS, and an approved provider is not eligible for ACCS (child wellbeing), for a session of care provided to a child if the child is:
(a) under the care (however described) of a person (other than a foster parent) under a State/Territory child welfare law; or
(b) a member of a class prescribed by the Minister's rules.
(2) A State/Territory child welfare law is:
(a) a law of a State or Territory which is prescribed by the Minister's rules; or
(b) if the Minister's rules do not prescribe a law for a State or Territory - a law of the State or Territory that relates to the welfare of children.
85EE Maximum period of eligibility for individual who is absent from Australia
(1) If an individual leaves Australia, the maximum period for which the individual can be eligible for CCS or ACCS during that absence from Australia is the period of 6 weeks beginning on the first day of that absence.
(2) If:
(a) an individual is eligible for CCS or ACCS while the individual is absent from Australia; and
(b) the individual then ceases to be eligible for CCS or ACCS because of the application of subsection (1) or a previous application of this subsection; and
(c) the individual returns to Australia; and
(d) the individual leaves Australia again less than 6 weeks after returning to Australia;
the individual is not eligible for CCS or ACCS at any time during the absence from Australia referred to in paragraph (d).
(3) The Secretary may extend the 6 week period (the initial period ) referred to in subsection (1), to a period of no more than 3 years, if the Secretary is satisfied that the individual is unable to return to Australia within the initial period because of any of the following events:
(a) a serious accident involving the individual or a family member of the individual;
(b) a serious illness of the individual or a family member of the individual;
(c) the hospitalisation of the individual or a family member of the individual;
(d) the death of a family member of the individual;
(e) the individual's involvement in custody proceedings in the country in which the individual is located;
(f) a legal requirement for the individual to remain outside Australia in connection with criminal proceedings (other than criminal proceedings in respect of a crime alleged to have been committed by the individual);
(g) robbery or serious crime committed against the individual or a family member of the individual;
(h) a natural disaster in the country in which the individual is located;
(i) political or social unrest in the country in which the individual is located;
(j) industrial action in the country in which the individual is located;
(k) a war in the country in which the individual is located.
(4) The Secretary must not extend the initial period under subsection (3) unless:
(a) the event occurred or began during the initial period; and
(b) if the event is political or social unrest, industrial action or war - the individual is not willingly involved in, or willingly participating in, the event.
(5) The Secretary may extend the 6 week period referred to in subsection (1), to a period of no more than 3 years, if the Secretary is satisfied that, under the Medical Treatment Overseas Program administered by the Minister who administers the National Health Act 1953, financial assistance is payable in respect of the absence from Australia of the individual.
(6) The Secretary may extend the 6 week period referred to in subsection (1), to a period of no more than 3 years, if the Secretary is satisfied that the individual mentioned in the subsection is unable to return to Australia within the 6 week period because the individual is:
(a) deployed outside Australia as a member of the Defence Force, under conditions specified in a determination made under the Defence Act 1903 that relates to such deployment; or
(b) deployed outside Australia, for the purpose of capacity-building or peacekeeping functions, as:
(i) a member or a special member of the Australian Federal Police; or
(ii) a protective service officer within the meaning of the Australian Federal Police Act 1979.
Division 6 - Amount of child care subsidy and additional child care subsidy
85FA Amount of child care subsidy
If an individual is eligible for child care subsidy for at least one session of care provided by an approved child care service to a child in a week, the amount of child care subsidy for the individual for the week for the child is worked out under Part 1 of Schedule 2.
85FB Amount of ACCS (child wellbeing), ACCS (temporary financial hardship) or ACCS (grandparent) for an individual
If an individual is eligible for ACCS (child wellbeing), ACCS (temporary financial hardship) or ACCS (grandparent) for at least one session of care provided by an approved child care service to a child in a week, the amount of additional child care subsidy for the individual for the week for the child is worked out under Part 2 of Schedule 2.
85FC Amount of ACCS (transition to work)
If an individual is eligible for ACCS (transition to work) for at least one session of care provided by an approved child care service to a child in a week, the amount of additional child care subsidy for the individual for the week for the child is worked out under Part 3 of Schedule 2.
85FD Amount of ACCS (child wellbeing) for an approved provider
If an approved provider is eligible for ACCS (child wellbeing) for at least one session of care provided by an approved child care service of the provider to a child in a week, the amount of additional child care subsidy for the provider for the week for the child is worked out under Part 4 of Schedule 2.
Division 7 - Miscellaneous
85GA Funding agreements
(1) The Secretary may, on behalf of the Commonwealth, enter into, vary and administer written agreements with a person under which the Commonwealth makes one or more grants of money to the person for purposes that are related to both:
(a) child care; and
(b) either or both of the following:
(i) the provision of child endowment or family allowances within the meaning of paragraph 51(xxiiiA) of the Constitution;
(ii) giving effect to Australia's obligations under the Convention on the Rights of the Child done at New York on 20 November 1989 and, in particular, under articles 2, 3, 18 or 23 of the Convention.
Note: The Convention on the Rights of the Child is in Australian Treaty Series 1991 No. 4 ([1991] ATS 4) and could in 2017 be viewed in the Australian Treaties Library on the AustLII website (http://www.austlii.edu.au).
(2) A grant under this section is payable to a person:
(a) at such time as is specified in the agreement; and
(b) in full or in such instalments as are specified in the agreement.
(3) The Minister's rules may specify requirements with which the Secretary must comply in exercising powers under this section.
85GB Minister's and Secretary's rules
(1) The Minister may, by legislative instrument, make rules (the Minister's rules ) prescribing matters:
(a) required or permitted by this Act or by the Family Assistance Administration Act to be prescribed by the Minister's rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to any or all of the following:
(i) this Part or Schedule 2;
(ii) Part 8 or 8A of the Family Assistance Administration Act;
(iii) any other provision of the Family Assistance Administration Act in relation to child care subsidy or additional child care subsidy.
Note: The Minister cannot delegate this power (there is no power to delegate Minister's powers or functions under this Act).
(2) The Secretary may, by legislative instrument, make rules (the Secretary's rules ) prescribing matters:
(a) required or permitted by this Act or by the Family Assistance Administration Act to be prescribed by the Secretary's rules; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to any or all of the following:
(i) this Part or Schedule 2;
(ii) Part 8 or 8A of the Family Assistance Administration Act;
(iii) any other provision of the Family Assistance Administration Act in relation to child care subsidy or additional child care subsidy.
Note: The Secretary cannot delegate this power (see subsection 221(1) of the Family Assistance Administration Act).
(3) To avoid doubt, the Minister's rules and the Secretary's rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;
(e) directly amend the text of this Act.
(4) Secretary's rules that are inconsistent with Minister's ruleshave no effect to the extent of the inconsistency, but Secretary's rules are taken to be consistent with Minister's rulesto the extent that the Secretary's rulesare capable of operating concurrently with the Minister's rules.
(5) Minister's rules and Secretary's rules that are inconsistent with regulations made under section 235 of the Family Assistance Administration Act have no effect to the extent of the inconsistency, but Minister's rules and Secretary's rules are taken to be consistent with those regulations to the extent they are capable of operating concurrently with those regulations.