Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2014 (No. 1)

Link to law: https://www.comlaw.gov.au/Details/F2014L01628

Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2014 (No. 1)
 
A New Tax System (Family Assistance) (Administration) Act 1999
I, SUSSAN LEY, Assistant Minister for Education, make this Determination under subsection 205(1) of the A New Tax System (Family Assistance) (Administration) Act 1999.
Dated       1 December 2014                                      
Sussan Ley
Assistant Minister for Education
1              Name of Determination
                This Determination is the Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Amendment Determination 2014 (No. 1).
2              Commencement
                This Determination commences on the day after it is registered.
3              Amendment
                The Schedule amends the Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Determination 2000.
4              Transitional
Applications for approval being processed
         (1)   If, on the day this Determination commences:
                (a)    a person has applied for the approval of a family day care service under section 194 of the Family Assistance Administration Act; and
               (b)    the Secretary has neither approved nor refused to approve the service;
                then:
                (c)    Parts 1 and 2 of the Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Determination 2000 as in force immediately before the commencement of this Determination continue to apply to that application for approval.
Note:   If the Secretary approves the child care service, paragraph 16A(2)(b) of the Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Determination 2000 as amended by this Determination will apply to the service.
Application of certain requirements for approved family day care services
         (2)   An approved family day care service which:
                (a)    is an approved child care service on the day this Determination commences and which became approved before that day; or
               (b)    on the day this Determination commences is a child care service which is to be treated as an approved family day care service by virtue of item 11 of Schedule 6 to the A New Tax System (Family Assistance and Related Measures) Act 2000,
                is not required to comply with:
                (c)    the undertaking in paragraph 10(1A)(e) of the Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Determination 2000 for the period ending six months after this Determination commences; and
               (d)    the undertaking in paragraph 10(1A)(f) of the Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Determination 2000 for the period ending two months after this Determination commences.
 
Schedule                Amendments
[1]           Section 3, after definition of registered software
insert
Regulatory Authority has the same meaning as in the Education and Care Services National Law;
service approval has the same meaning as in the Education and Care Services National Law;
Service Provider Personnel ID means a unique alphanumeric identifier in registered software identifying an individual.
Note:   See also paragraph 10(1A)(h) of this determination.
[2]           Subsection 10(1A), paragraph (c)
omit
                and
[3]           Subsection 10(1A), after paragraph (d)
insert
                (e)    the service’s FDC carers will only provide sessions of care on behalf of the service within the State or Territory in which the service has a current service approval;
Note:   The Secretary may, under paragraph 205(3)(a) of the Family Assistance Administration Act, determine that the rule in paragraph (e) does not apply to a service – for example, the Secretary might determine this if a service is operating in a border town.
                (f)    the service will ensure its FDC carers do not obtain a session of care from any approved family day care service (including the service) for an FTB child or a regular care child of the FDC carer on a particular day unless, on that particular day, the FDC carer does not provide any session of care for any approved family day care service for the purposes of the family assistance law;
               (g)    if a service approval has been granted in relation to the service, the service will comply with any conditions imposed by the applicable Regulatory Authority to which the service approval is subject; and
Note:   A service approval may be granted subject to conditions imposed by the Regulatory Authority: see paragraph 51(5)(b) of the National Law.
               (h)    as soon as the registered software the service uses allows the service to do so, the service will ensure that:
                          (i)    each of its FDC carers is listed as ‘service personnel’ and is assigned a Service Provider Personnel ID in the registered software; and
                         (ii)    in each report given by the service in accordance with subsections 219N(1) or 219N(2) of the Family Assistance Administration Act, the service includes the Service Provider Personnel ID for the FDC carer who provided the session or sessions of care that is or are the subject of the report.
         (1AA)    In subsection (1A), FDC carer means any individual employed or contracted to provide care on behalf of an approved family day care service.
[4]           Section 16A
substitute
16A         Compliance with undertakings — general
         (1)   An approved child care service must comply with all undertakings given by the operator for the service under subsections 8(2), 9(2) and 13(1).
         (2)   An approved child care service must:
                (a)    if it is a centre based long day care service – comply with all undertakings given by the operator under subsection 10(1);
               (b)    if it is a family day care service – comply with all undertakings in subsection 10(1A) whether or not the operator has given the undertakings;
                (c)    if it is an occasional care service – comply with all undertakings given by the operator under subsection 10(2); and
               (d)    if it is an outside school hours care service – comply with all undertakings given by the operator under subsection 10(3).
 
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