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This is a Bill, not an Act. For current law, see the Acts databases.
2019
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Family Assistance Legislation
Amendment (Building on the Child Care
Package) Bill 2019
No. , 2019
(Education)
A Bill for an Act to amend the law relating to
family assistance, and for related purposes
No. , 2019
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments relating to child care subsidies
3
Part 1--Amendments commencing at the start of the first CCS
fortnight after Royal Assent
3
A New Tax System (Family Assistance) Act 1999
3
A New Tax System (Family Assistance) (Administration) Act 1999
10
Part 2--Amendments commencing 13 January 2020
21
A New Tax System (Family Assistance) (Administration) Act 1999
21
Part 3--Amendments commencing 13 July 2020
22
A New Tax System (Family Assistance) Act 1999
22
Schedule 2--Amendments relating to ensuring the integrity of
the child care subsidy system
23
A New Tax System (Family Assistance) (Administration) Act 1999
23
No. , 2019
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
1
A Bill for an Act to amend the law relating to
1
family assistance, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Family Assistance Legislation Amendment
5
(Building on the Child Care Package) Act 2019.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
No. , 2019
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
The start of the first CCS fortnight (within
the meaning of the A New Tax System
(Family Assistance) Act 1999) to occur
wholly after the day this Act receives the
Royal Assent.
3. Schedule 1,
Part 2
13 January 2020.
13 January 2020
4. Schedule 1,
Part 3
13 July 2020.
13 July 2020
5. Schedule 2
The day after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments relating to child care subsidies Schedule 1
Amendments commencing at the start of the first CCS fortnight after Royal Assent
Part 1
No. , 2019
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
3
Schedule 1--Amendments relating to child
1
care subsidies
2
Part 1--Amendments commencing at the start of the
3
first CCS fortnight after Royal Assent
4
A New Tax System (Family Assistance) Act 1999
5
1 Subsection 3(1) (definition of session of care)
6
Omit "a determination in force under", substitute "Minister's rules
7
made for the purposes of".
8
2 Subsection 9(1)
9
Omit "The Minister must, by legislative instrument, determine",
10
substitute "The Minister's rules must prescribe".
11
3 Subsection 9(2)
12
Omit "A determination under", substitute "Minister's rules made for the
13
purposes of".
14
4 Subparagraph 10(2)(b)(iii)
15
Repeal the subparagraph, substitute:
16
(iii) not after the last day the child attended a session of care
17
provided by the service before the child ceased to be
18
enrolled for care by the service; and
19
5 At the end of subsection 10(2)
20
Add:
21
Note:
Ceases to be enrolled is defined in section 200B of the Family
22
Assistance Administration Act.
23
6 After subsection 10(2)
24
Insert:
25
(2A) The Minister's rules may prescribe circumstances in which
26
subparagraph (2)(b)(ii) or (iii) does not apply.
27
Schedule 1 Amendments relating to child care subsidies
Part 1 Amendments commencing at the start of the first CCS fortnight after Royal
Assent
4
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
No. , 2019
7 Subparagraph 10(3)(c)(iii)
1
Repeal the subparagraph, substitute:
2
(iii) not after the last day the child attended a session of care
3
provided by the service before the child ceased to be
4
enrolled for care by the service; and
5
8 At the end of subsection 10(3)
6
Add:
7
Note:
Ceases to be enrolled is defined in section 200B of the Family
8
Assistance Administration Act.
9
9 After subsection 10(3)
10
Insert:
11
(3A) The Minister's rules may prescribe circumstances in which
12
subparagraph (3)(c)(ii) or (iii) does not apply.
13
10 Subsection 10(5)
14
Repeal the subsection.
15
11 At the end of subsection 85BA(1)
16
Add:
17
; and (e) if the session of care is provided by an approved child care
18
service of a kind prescribed by the Minister's rules--the
19
Secretary determines that the requirements prescribed by the
20
Minister's rules in relation to that kind of service are met.
21
12 At the end of section 85BA
22
Add:
23
(3) A determination under paragraph (1)(e) is not a legislative
24
instrument.
25
13 Subparagraph 85CA(2)(b)(i)
26
Omit "ACCS (child wellbeing)", substitute "CCS".
27
Amendments relating to child care subsidies Schedule 1
Amendments commencing at the start of the first CCS fortnight after Royal Assent
Part 1
No. , 2019
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
5
14 Subsection 85CB(1) (note)
1
Omit "appropriate State/Territory body", substitute "appropriate
2
State/Territory support agency".
3
15 Subsection 85CE(1) (note)
4
Omit "appropriate State/Territory body", substitute "appropriate
5
State/Territory support agency".
6
16 Subparagraph 85CJ(1)(d)(v)
7
Omit "and", substitute "or".
8
17 At the end of paragraph 85CJ(1)(d)
9
Add:
10
(vi) a payment prescribed by the Minister's rules; and
11
18 After section 85EC
12
Insert:
13
85ECA No eligibility for in home care unless certain requirements
14
met
15
An individual is not eligible for CCS or ACCS, and an approved
16
provider is not eligible for ACCS (child wellbeing), for a session of
17
care provided by an in home care service to a child unless any
18
requirements prescribed by the Minister's rules are met.
19
19 After subsection 85GB(2)
20
Insert:
21
(2A) Despite subsection 14(2) of the Legislation Act 2003, the
22
Minister's rules and the Secretary's rules may make provision in
23
relation to a matter by applying, adopting or incorporating, with or
24
without modification, any matter contained in an instrument or
25
other writing as in force or existing from time to time.
26
20 Subclause 1(1) of Schedule 2 (method statement, step 5)
27
Repeal the step, substitute:
28
Schedule 1 Amendments relating to child care subsidies
Part 1 Amendments commencing at the start of the first CCS fortnight after Royal
Assent
6
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
No. , 2019
Step 5. Work out:
1
(a)
the activity-tested amount of CCS for those
2
sessions of care (see clause 4); and
3
(b)
if at least one of those sessions of care is a session
4
of care to which clause 4A applies--the adjusted
5
activity-tested amount of CCS for those sessions of
6
care (see clause 4A).
7
If paragraph (b) applies, go to step 7.
8
Otherwise, go to step 6.
9
21 Subclause 1(1) of Schedule 2 (method statement, after
10
step 6)
11
Insert:
12
Step 7. If at least one of the sessions of care identified in step 3 is
13
a session of care to which clause 4A applies, the amount
14
of CCS for the individual for the week, for the sessions of
15
care, is:
16
(a)
the adjusted activity-tested amount; or
17
(b)
if the annual cap applies to the individual for the
18
income year in which the CCS fortnight that
19
includes the week starts, and the difference
20
between the annual cap and the total previous CCS
21
(see subclause (3)) is less than the adjusted
22
activity-tested amount--that difference.
23
22 Subparagraph 2(2)(b)(i) of Schedule 2
24
Repeal the subparagraph, substitute:
25
(i) the hourly rate of any payment (other than a payment
26
mentioned in subclause (2A)) which the individual
27
benefits from in respect of that session; and
28
Amendments relating to child care subsidies Schedule 1
Amendments commencing at the start of the first CCS fortnight after Royal Assent
Part 1
No. , 2019
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
7
23 After subclause 2(2) of Schedule 2
1
Insert:
2
(2A) Subparagraph 2(2)(b)(i) does not apply to the following payments:
3
(a) CCS;
4
(b) ACCS;
5
(c) a payment prescribed by the Minister's rules.
6
24 Subclause 2(3) of Schedule 2 (table)
7
Repeal the table (including the note), substitute:
8
9
CCS hourly rate cap
Item
If the session of care is provided
by:
the CCS hourly rate cap is:
1
a centre-based day care service
$11.98
2
a family day care service
$11.10
3
an outside school hours care service
$10.48
4
an in home care service
$32.58
5
a type of service prescribed by the
Minister's rules
the dollar amount prescribed by the
Minister's rules
Note:
The dollar amounts referred to in the table are indexed under
10
Schedule 4 and reflect the indexation applied on 1 July 2019.
11
25 At the end of Part 1 of Schedule 2
12
Add:
13
4A Adjusted activity-tested amount of CCS
14
(1) This clause applies in relation to a session of care if the amount
15
(the actual fee) the individual or the individual's partner is liable to
16
pay for the session of care is less than the sum of:
17
(a) the activity-tested amount of CCS for the individual for the
18
session; and
19
(b) the amount of a payment prescribed by the Minister's rules
20
for the purposes of paragraph 2(2A)(c) which the individual
21
benefits from in respect of the session.
22
Schedule 1 Amendments relating to child care subsidies
Part 1 Amendments commencing at the start of the first CCS fortnight after Royal
Assent
8
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
No. , 2019
(2) For the purposes of step 5 of the method statement in clause 1, the
1
adjusted activity-tested amount of CCS, for the sessions of care
2
identified in step 3 of the method statement, is the sum of:
3
(a) for each session of care to which this clause applies--the
4
amount worked out by reducing the activity-tested amount of
5
CCS for the session by the excess amount; and
6
(b) for each session of care to which this clause does not apply--
7
the activity-tested amount of CCS for the session.
8
(3) For the purposes of paragraph (2)(a), the excess amount, in
9
relation to a session of care, is:
10
(a) an amount equal to the difference between:
11
(i) the sum of the amounts mentioned in paragraphs (1)(a)
12
and (b) for the session; and
13
(ii) the actual fee for the session; or
14
(b) if another method for working out the amount is prescribed
15
by the Minister's rules--an amount worked out in
16
accordance with that method.
17
26 At the end of clause 5 of Schedule 2
18
Add:
19
(e) replace step 7 with this:
20
Step 7. If at least one of the sessions of care identified in step 3 is
21
a session of care to which clause 4A applies, the amount
22
of ACCS for the individual for the week, for the sessions
23
of care, is the adjusted activity-tested amount.
24
27 At the end of clause 7 of Schedule 2
25
Add:
26
(e) replace step 7 with this:
27
Step 7. If at least one of the sessions of care identified in step 3 is
28
a session of care to which clause 4A applies, the amount
29
of ACCS (transition to work) for the individual for the
30
week, for the sessions of care, is the adjusted
31
activity-tested amount.
32
Amendments relating to child care subsidies Schedule 1
Amendments commencing at the start of the first CCS fortnight after Royal Assent
Part 1
No. , 2019
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
9
28 Paragraph 9(2)(b) of Schedule 2
1
Omit "subsidy", substitute "payment".
2
29 Subclause 3AA(2) of Schedule 3
3
Repeal the subclause, substitute:
4
(2) If an individual is a member of a couple with a TFN determination
5
person on the first Monday (an applicable Monday) of any CCS
6
fortnight in an income year, the individual's adjusted taxable
7
income for that year is taken to include:
8
(a) if the individual is a member of the same couple on all
9
applicable Mondays in the year--the TFN determination
10
person's adjusted taxable income for that year; or
11
(b) in any other case--an amount equal to the percentage of the
12
TFN determination person's adjusted taxable income for that
13
year that corresponds to the percentage of applicable
14
Mondays in that year:
15
(i) on which the TFN determination person was a member
16
of that couple; and
17
(ii) that was included in a week for which a determination
18
under section 67CD of the Family Assistance
19
Administration Act about the individual's entitlement to
20
be paid CCS or ACCS was made.
21
30 Subclause 3(1) of Schedule 4 (cell at table item 18, column
22
2)
23
Repeal the cell, substitute:
24
first day of first CCS fortnight of income
year
31 Subclause 3(1) of Schedule 4 (cell at table item 19, column
25
2)
26
Repeal the cell, substitute:
27
first day of first CCS fortnight of income
year
Schedule 1 Amendments relating to child care subsidies
Part 1 Amendments commencing at the start of the first CCS fortnight after Royal
Assent
10
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
No. , 2019
32 Subclause 3(1) of Schedule 4 (cell at table item 20, column
1
2)
2
Repeal the cell, substitute:
3
first day of first CCS fortnight of income
year
A New Tax System (Family Assistance) (Administration) Act
4
1999
5
33 Subsection 3(1) (definition of appropriate State/Territory
6
body)
7
Repeal the definition.
8
34 Subsection 3(1)
9
Insert:
10
appropriate State/Territory support agency has the meaning given
11
by subsection 204K(7).
12
35 Paragraphs 67BE(c) to (e)
13
Repeal the paragraphs, substitute:
14
(c) the claim contains details of a bank account, maintained by
15
the individual alone or jointly with someone else, into which
16
amounts of CCS or ACCS can be paid; and
17
(d) unless paragraph (e) applies--the claim contains the tax file
18
number of each TFN claim person; and
19
(e) if the claim is for CCS in substitution for an individual who
20
has died--the claim contains the tax file number of each TFN
21
substitution person; and
22
36 Subsections 67BF(2) and (3)
23
Repeal the subsections, substitute:
24
(2) The Secretary's rules may prescribe circumstances in which a
25
claim is taken not to have been made.
26
Amendments relating to child care subsidies Schedule 1
Amendments commencing at the start of the first CCS fortnight after Royal Assent
Part 1
No. , 2019
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
11
37 Sections 67BG, 67BH and 67BI
1
Repeal the sections.
2
38 Paragraphs 67CD(1)(c) and (d)
3
Repeal the paragraphs.
4
39 Subsection 67CD(1) (note)
5
Repeal the note.
6
40 After subsection 67CD(1)
7
Insert:
8
(1A) For the purposes of paragraph (1)(b), the provider of the service is
9
taken to have given the Secretary a report under section 204B in
10
relation to the child for the week even if the report is not given by
11
the day required under paragraph 204B(2)(d).
12
Note:
The report must still be given in accordance with paragraphs
13
204B(2)(a), (b) and (c), and the information included in the report as
14
required by those provisions must be accurate and complete (see
15
subsection 204B(3)).
16
41 Paragraphs 67CD(10)(a) and (b)
17
Repeal the paragraphs, substitute:
18
(a) either of the following applies:
19
(i) the Secretary has the details of a bank account,
20
maintained by the individual alone or jointly with
21
someone else, into which amounts of CCS or ACCS can
22
be paid;
23
(ii) the Secretary made a request of the individual under
24
section 67FE no more than 28 days ago; and
25
(b) either of the following applies:
26
(i) the Secretary has the tax file number of each TFN
27
determination person;
28
(ii) the Secretary made a request of the individual under
29
section 67FG no more than 28 days ago;
30
42 Paragraphs 67CF(1)(c) and (d)
31
Repeal the paragraphs, substitute:
32
Schedule 1 Amendments relating to child care subsidies
Part 1 Amendments commencing at the start of the first CCS fortnight after Royal
Assent
12
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
No. , 2019
(c) either of the following applies:
1
(i) the Secretary has the details of a bank account,
2
maintained by the individual alone or jointly with
3
someone else, into which amounts of CCS or ACCS can
4
be paid;
5
(ii) the Secretary made a request of the individual under
6
section 67FE no more than 28 days ago.
7
43 Subsection 67CF(1) (note)
8
Repeal the note.
9
44 After subsection 67CF(1)
10
Insert:
11
(1A) For the purposes of paragraph (1)(b), the provider of the child care
12
service is taken to have given the Secretary a report under
13
section 204B in relation to the child for a week even if the report is
14
not given by the day required under paragraph 204B(2)(d).
15
Note:
The report must still be given in accordance with paragraphs
16
204B(2)(a), (b) and (c), and the information included in the report as
17
required by those provisions must be accurate and complete (see
18
subsection 204B(3)).
19
45 Subsection 67CH(1) (note)
20
Repeal the note.
21
46 After subsection 67CH(1)
22
Insert:
23
(1A) For the purposes of paragraph (1)(b), the provider is taken to have
24
given the Secretary a report for the week under section 204B in
25
relation to the child even if the report is not given by the day
26
required under paragraph 204B(2)(d).
27
Note:
The report must still be given in accordance with paragraphs
28
204B(2)(a), (b) and (c), and the information included in the report as
29
required by those provisions must be accurate and complete (see
30
subsection 204B(3)).
31
47 Paragraphs 67DC(6)(b) and (c)
32
Omit "clause 3", substitute "clause 3AA".
33
Amendments relating to child care subsidies Schedule 1
Amendments commencing at the start of the first CCS fortnight after Royal Assent
Part 1
No. , 2019
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
13
48 Paragraphs 67DD(1)(f) and (5)(b) and (c)
1
Omit "clause 3", substitute "clause 3AA".
2
49 Paragraph 67DE(3)(b)
3
Omit "clause 3", substitute "clause 3AA".
4
50 Section 67FF
5
Repeal the section.
6
51 Section 67FG
7
Repeal the section, substitute:
8
67FG Request for tax file number etc. of TFN determination
9
persons
10
If:
11
(a) a determination is in effect under paragraph 67CC(1)(a) that
12
an individual is eligible for CCS for a child; and
13
(b) the Secretary does not know the tax file number of one or
14
more of the TFN determination persons;
15
the Secretary may, by written notice given to the individual,
16
request that the individual provide the tax file number of a
17
specified TFN determination person within 28 days of the request.
18
52 Subsection 93A(6) (paragraph (bc) of the definition of
19
family assistance payment)
20
Omit "section 219RD", substitute "section 205A".
21
53 Section 110
22
Omit:
23
If a person is dissatisfied with a decision of a decision reviewer
24
under Division 1, the person may apply to the AAT for review of
25
the decision (an "AAT first review") (certain decisions are
26
excepted).
27
substitute:
28
Schedule 1 Amendments relating to child care subsidies
Part 1 Amendments commencing at the start of the first CCS fortnight after Royal
Assent
14
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
No. , 2019
If a person is dissatisfied with a decision of a decision reviewer
1
under Subdivision B of Division 1, the person may apply to the
2
AAT for review of the decision (an "AAT first review") (certain
3
decisions are excepted).
4
54 Subsection 111(1)
5
Before "Division 1", insert "Subdivision B of".
6
55 Paragraph 111(2)(c)
7
Omit "section 108", substitute "section 109G".
8
56 Paragraph 111(2)(d)
9
Omit "section 219GA", substitute "section 203A".
10
57 Paragraph 111(2)(da)
11
Omit "67FF,".
12
58 Subsection 111(2B)
13
Repeal the subsection.
14
59 Subsection 111(3)
15
Repeal the subsection, substitute:
16
(3) In this section:
17
decision reviewer means a person who, in accordance with
18
subsection 109A(2), reviewed a decision that was the subject of an
19
application under section 109A.
20
60 Subsection 128(4)
21
Repeal the subsection.
22
61 Paragraph 154(4)(e)
23
Omit "section 202D", substitute "section 202B or 202C".
24
62 Subsection 154(5)
25
Omit "section 202D", substitute "section 202B or 202C".
26
Amendments relating to child care subsidies Schedule 1
Amendments commencing at the start of the first CCS fortnight after Royal Assent
Part 1
No. , 2019
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
15
63 Paragraph 162(1)(b)
1
Omit "Pilot; or", substitute "Pilot.".
2
64 Paragraphs 162(1)(c) and (2)(db)
3
Repeal the paragraphs.
4
65 Paragraph 195A(3)(a)
5
Omit "(power to require information about children enrolled in child
6
care)", substitute "(power to require information about care provided)".
7
66 After paragraph 198A(b)
8
Insert:
9
(ba) what constitutes a child care place in respect of a specified
10
class of approved child care services;
11
67 Subsection 200A(3)
12
Omit "an individual", substitute "a person".
13
68 After subsection 200A(4)
14
Insert:
15
(4A) If an approved provider of an approved child care service fails to
16
give a notice under subsection (1), (2) or (3) by the day required
17
under paragraph (4)(c), (d) or (e) (as the case requires):
18
(a) the failure does not affect the validity of a notice given after
19
that day; and
20
(b) the notice is taken to have been given on the last day the
21
notice was required to be given under paragraph (4)(c), (d) or
22
(e) (as the case requires), other than for the purposes of
23
subsections (5) and (6).
24
69 Section 200D (heading)
25
Repeal the heading, substitute:
26
200D Notice of change in circumstances--providers
27
70 After subsection 200D(3)
28
Insert:
29
Schedule 1 Amendments relating to child care subsidies
Part 1 Amendments commencing at the start of the first CCS fortnight after Royal
Assent
16
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
No. , 2019
(3A) If an approved provider of an approved child care service fails to
1
give a notice under subsection (1) or (2) by the day required under
2
paragraph (3)(b) or (c) (as the case requires):
3
(a) the failure does not affect the validity of a notice given after
4
that day; and
5
(b) the notice is taken to have been given on the last day the
6
notice was required to be given under paragraph (3)(b) or (c)
7
(as the case requires), other than for the purposes of
8
subsections (4) and (5).
9
71 Paragraph 201B(1)(b)
10
Repeal the paragraph, substitute:
11
(b) the sum of:
12
(i) the fee reduction amount for the decision; and
13
(ii) the amount of any payment prescribed by the Minister's
14
rules for the purposes of paragraph 2(2A)(c) of
15
Schedule 2 to the Family Assistance Act that the
16
individual benefited from in respect of the sessions of
17
care.
18
72 After subsection 201C(1)
19
Insert:
20
(1A) The approved provider of a child care service must not charge an
21
individual who benefits from a payment prescribed by the
22
Minister's rules for the purposes of paragraph 2(2A)(c) of
23
Schedule 2 to the Family Assistance Act (a prescribed payment) in
24
respect of a session of care provided by the service an hourly
25
session fee that exceeds the hourly session fee the provider would
26
ordinarily charge an individual who does not receive a prescribed
27
payment.
28
73 Subsections 201C(2) and (3)
29
After "subsection (1)", insert "or (1A)".
30
74 Subparagraph 202C(1)(a)(ii)
31
Omit "appropriate State/Territory body", substitute "appropriate
32
State/Territory support agency".
33
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Part 1
No. , 2019
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75 Subsection 204B(1)
1
Repeal the subsection, substitute:
2
(1) An approved provider of an approved child care service must give
3
the Secretary a report in accordance with subsection (2) for a week
4
if:
5
(a) the provider has given the Secretary an enrolment notice for a
6
child; and
7
(b) care was provided to the child by the service on a day in the
8
week.
9
Note:
The provider must give enrolment notices to the Secretary relating to
10
all children for whom care is provided, including both enrolled
11
children (for whom complying written arrangements are made) and
12
others for whom a relevant arrangement is made (see section 200A).
13
(1A) For the purposes of paragraph (1)(b), the care may be a session of
14
care.
15
76 After subsection 204B(6)
16
Insert:
17
(6A) For the purposes of subsection (6), a reference to a report includes
18
a report that is given after the last day the report was required to be
19
given under paragraph (2)(d).
20
77 After subsection 204C(1)
21
Insert:
22
(1A) For the purposes of subsection (1), a report is taken to have been
23
given by an approved provider under subsection 204B(1) even if
24
the report is not given by the day required under
25
paragraph 204B(2)(d).
26
Note:
The report must still be given in accordance with paragraphs
27
204B(2)(a), (b) and (c), and the information included in the report as
28
required by those provisions must be accurate and complete (see
29
subsection 204B(3)).
30
78 Section 204E (heading)
31
Repeal the heading, substitute:
32
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Assent
18
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
No. , 2019
204E Requirement to give information about care provided
1
79 Subsection 204E(1)
2
Omit "further information under section 67FH (information about
3
children enrolled in child care)", substitute "information under
4
section 67FH (information about care provided)".
5
80 At the end of subsection 204H(1) (after the table)
6
Add:
7
Note:
For item 12, a report is taken to have been given under
8
subsection 204B(1) for the purposes of subsection 204C(1) even if the
9
report is given late (see subsection 204C(1A)).
10
81 Section 204K
11
Repeal the section, substitute:
12
204K Notice to appropriate State/Territory support agency of child
13
at risk of serious abuse or neglect
14
Certification for ACCS (child wellbeing)
15
(1) An approved provider that gives the Secretary a certificate under
16
section 85CB of the Family Assistance Act must, no later than 6
17
weeks after the day the certificate takes effect, give an appropriate
18
State/Territory support agency notice that the provider considers
19
the child to whom the certificate relates is or was at risk of serious
20
abuse or neglect.
21
(2) Subsection (1) does not apply if:
22
(a) the certificate is cancelled under section 85CC of the Family
23
Assistance Act and a replacement certificate (within the
24
meaning of paragraph (4)(b) of that section) is not given; or
25
(b) the certificate is cancelled under section 85CD of the Family
26
Assistance Act; or
27
(c) the provider was notified of the risk by an appropriate
28
State/Territory support agency.
29
Amendments relating to child care subsidies Schedule 1
Amendments commencing at the start of the first CCS fortnight after Royal Assent
Part 1
No. , 2019
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
19
Determination for ACCS (child wellbeing)
1
(3) Before making an application for a determination under
2
section 85CE of the Family Assistance Act, an approved provider
3
must give an appropriate State/Territory support agency notice that
4
the provider considers the child to whom the application relates is
5
or was at risk of serious abuse or neglect.
6
(4) Subsection (3) does not apply if:
7
(a) the provider gave an appropriate State/Territory support
8
agency a notice in relation to the child under subsection (1)
9
less than 6 weeks ago; or
10
(b) the provider was notified of the risk by an appropriate
11
State/Territory support agency.
12
Offence
13
(5) A person commits an offence of strict liability if the person
14
contravenes subsection (1) or (3).
15
Penalty: 60 penalty units.
16
Civil penalty
17
(6) A person is liable to a civil penalty if the person contravenes
18
subsection (1) or (3).
19
Meaning of appropriate State/Territory support agency
20
(7) Any of the following is an appropriate State/Territory support
21
agency for the State or Territory where care is provided to the child
22
to whom a certificate relates:
23
(a) a department or agency of the State or Territory that is
24
responsible for dealing with matters relating to the welfare of
25
children;
26
(b) an organisation dealing with such matters on behalf of such a
27
department or agency in accordance with an agreement
28
between the department or agency and the organisation.
29
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Assent
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Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
No. , 2019
82 Section 219UB (cell at table item 2, column headed
1
"Description")
2
Omit "information about children enrolled in child care", substitute
3
"information about care provided".
4
83 Section 219UB (cell at table item 5, column headed
5
"Description")
6
Omit "section 202D", substitute "section 202B or 202C".
7
84 At the end of subsection 224(2)
8
Add:
9
; or (d) sent by other electronic means to the provider.
10
85 Saving of instruments
11
Despite the amendments of the A New Tax System (Family Assistance)
12
Act 1999 made by this Part, an instrument in force under section 9 of
13
that Act immediately before the commencement of this item continues
14
in force (and may be dealt with), on and after commencement, as if it
15
were Minister's rules made for the purposes of that provision as
16
amended by this Act.
17
86 Application
--adjusted taxable income of members of a
18
couple
19
The amendments of clause 3AA of Schedule 3 to the A New Tax System
20
(Family Assistance) Act 1999 made by this Part apply in relation to the
21
income year beginning on 1 July 2019 and later income years.
22
87 Application
--claims for CCS made before commencement
23
The amendments of the A New Tax System (Family Assistance)
24
(Administration) Act 1999 made by items 35, 36 and 37 of this Part
25
apply in relation to:
26
(a) claims made on or after the commencement of this item; and
27
(b) claims made before the commencement of this item if,
28
immediately before that commencement, a determination has
29
not been made by the Secretary under section 67CC of the A
30
New Tax System (Family Assistance) (Administration) Act
31
1999 in relation to the claim.
32
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Amendments commencing 13 January 2020 Part 2
No. , 2019
Family Assistance Legislation Amendment (Building on the Child Care
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Part 2--Amendments commencing 13 January 2020
1
A New Tax System (Family Assistance) (Administration) Act
2
1999
3
88 Subparagraph 200B(1)(b)(iii)
4
Omit "8 weeks", substitute "14 weeks".
5
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Part 3 Amendments commencing 13 July 2020
22
Family Assistance Legislation Amendment (Building on the Child Care
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No. , 2019
Part 3--Amendments commencing 13 July 2020
1
A New Tax System (Family Assistance) Act 1999
2
89 Subsection 85CB(4)
3
Repeal the subsection, substitute:
4
(4) A certificate given by an approved provider does not take effect if
5
the certificate would have the result that any certificates given by
6
the provider, together with any determinations made under
7
section 85CE, that are in effect on any day of the first week in
8
which the certificate takes effect, would be in effect in relation to
9
more than the percentage of children for whom the service is
10
providing care specified in a determination made under
11
subsection (4A).
12
(4A) For the purposes of subsection (4), if the Secretary determines that
13
it is appropriate to the circumstances of the service, the Secretary
14
may make a written determination specifying:
15
(a) a percentage of children for whom the service is providing
16
care; and
17
(b) the period for which the determination is to have effect.
18
90 Subsection 85CB(6)
19
Omit "paragraph (4)(c)", substitute "subsection (4A)".
20
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23
Schedule 2--Amendments relating to
1
ensuring the integrity of the child care
2
subsidy system
3
4
A New Tax System (Family Assistance) (Administration) Act
5
1999
6
1 Subsection 3(1)
7
Insert:
8
Education and Care Services National Law means the Education
9
and Care Services National Law set out in the Schedule to the
10
Education and Care Services National Law Act 2010 (Vic.).
11
2 Sections 71F and 71G
12
Repeal the sections, substitute:
13
71F Debts in respect of CCS or ACCS for individual--provider at
14
fault
15
If:
16
(a) an individual is paid an amount of CCS or ACCS for one or
17
more sessions of care provided by a child care service of a
18
provider; and
19
(b) all or part of the amount (the attributable amount) is paid to
20
the individual because the provider has:
21
(i) made a false or misleading statement; or
22
(ii) failed to comply with the family assistance law; and
23
(c) the individual incurs a debt under subsection 71B(1) or
24
71C(1) that is wholly or partly comprised of the attributable
25
amount;
26
then:
27
(d) the individual is taken not to have incurred as a debt under
28
subsection 71B(1) or 71C(1) so much of the amount of the
29
debt as is equal to the attributable amount; and
30
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system
24
Family Assistance Legislation Amendment (Building on the Child Care
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(e) the attributable amount is instead a debt due to the
1
Commonwealth by the provider.
2
71G Debts where provider approval is suspended cancelled or
3
varied
4
(1) If:
5
(a) an amount is paid to a provider under the family assistance
6
law; and
7
(b) before the payment is made:
8
(i) the provider's approval, or the provider's approval in
9
respect of a service, is suspended by operation of
10
section 197AB; or
11
(ii) the provider's approval is cancelled by operation of
12
subsection 197L(1); or
13
(iii) the provider's approval is varied to remove a service
14
from the approval by operation of subsection 197L(3);
15
and
16
(c) because of that suspension, cancellation or variation, the
17
recipient should not have been paid the amount;
18
the amount paid is a debt due to the Commonwealth by the
19
provider.
20
(2) If:
21
(a) a fee reduction amount is paid to a provider under
22
section 67EB in relation to a session of care provided by a
23
child care service of the provider on a day; and
24
(b) after the payment is made, one of the following events occurs
25
and takes effect on or before the day:
26
(i) the provider's approval is cancelled or suspended (other
27
than by operation of section 197AB or
28
subsection 197L(1));
29
(ii) the provider's approval is varied to remove the service
30
from the approval (other than by operation of
31
subsection 197L(3));
32
(iii) the provider's approval in respect of the service is
33
suspended (other than by operation of section 197AB);
34
so much of the fee reduction amount as relates to the session of
35
care is a debt due to the Commonwealth by the provider.
36
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25
3 Paragraph 73(a)
1
After "AAT second review", insert "or AAT single review".
2
4 At the end of subsection 109D(6)
3
Add:
4
Note:
Applications by providers for review of decisions made under
5
Division 2 of Part 4 relating to CCS or ACCS or decisions made under
6
Part 8 are subject to the time limits set out in section 109DA.
7
5 Section 109DA
8
Repeal the section, substitute:
9
109DA Review applications--time limits on certain applications by
10
providers
11
(1) An application by a provider for review under subsection 109A(1)
12
of a decision made under Division 2 of Part 4 relating to CCS or
13
ACCS must be made no later than:
14
(a) 52 weeks after the provider is notified of the decision; or
15
(b) if the provider was not notified of the decision--52 weeks
16
after the provider becomes aware of the decision.
17
(2) An application by a provider for review under
18
subsection 109A(1B) of a decision made under Part 8 (approval of
19
providers of child care services) must be made no later than:
20
(a) 14 days after the provider is notified of the decision; or
21
(b) if the provider was not notified of the decision--14 days after
22
the provider becomes aware of the decision.
23
6 Subsection 111A(1)
24
After "other than a decision", insert "covered by subsection (3A) or".
25
7 After subsection 111A(3)
26
Insert:
27
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system
26
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
No. , 2019
52 week time limit for certain provider debt decisions
1
(3A) An application by a provider for AAT first review in respect of a
2
decision under Division 2 of Part 4 relating to CCS or ACCS must
3
be made no later than:
4
(a) 52 weeks after the provider is notified of the decision; or
5
(b) if the provider was not notified of the decision--52 weeks
6
after the provider becomes aware of the decision.
7
(3B) Subsection (3A) applies despite paragraph 29(1)(d) and
8
subsections 29(7) to (10) of the AAT Act.
9
8 Paragraph 111A(5)(b)
10
After "Division 2 of Part 4", insert "(other than a decision referred to in
11
subsection (3A))".
12
9 Paragraph 138(1)(a)
13
After "in relation to a provider", insert "(other than a decision made
14
under section 197H or 197J)".
15
10 Subsection 138(3)
16
After "in relation to a provider", insert "(other than a decision under
17
section 197H or 197J)".
18
11 Subsection 161(1B)
19
Repeal the subsection.
20
12 Paragraph 162(2)(dae)
21
Repeal the paragraph, substitute:
22
(dae) for the purposes of the Education and Care Services National
23
Law; or
24
13 Subsection 194B(5)
25
Repeal the subsection, substitute:
26
(5) For the purposes of subsections (1) and (2), the day on which the
27
approval takes effect must not be earlier than the day the
28
application was made.
29
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Family Assistance Legislation Amendment (Building on the Child Care
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27
14 Section 195D
1
Repeal the section, substitute:
2
195D Conditions for continued approval--working with children
3
check
4
(1) It is a condition for continued approval of an approved provider
5
that, for each individual required under a law of a State or Territory
6
to hold a working with children check in relation to care provided
7
by a child care service of the provider, the provider must ensure
8
that the individual has a current working with children check.
9
(2) For the purposes of subsection (1), a working with children check
10
is a check that permits the individual to work with children under a
11
law of the State or Territory in which the service is situated.
12
15 Subsection 196B(3)
13
Repeal the subsection, substitute:
14
(3) For the purposes of paragraph (2)(c), the day on which the
15
approval takes effect must not be earlier than the day the
16
application was made.
17
16 Section 197A (heading)
18
Repeal the heading, substitute:
19
197A Immediate suspension after Secretary's decision
20
17 After section 197A
21
Insert:
22
197AA Suspension on request
23
Application
24
(1) The Secretary may suspend the approval of an approved provider,
25
or the approval of an approved provider in respect of one or more
26
services, if the provider requests the Secretary in writing to do so.
27
(2) The request must:
28
Schedule 2 Amendments relating to ensuring the integrity of the child care subsidy
system
28
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
No. , 2019
(a) be given in a form and manner approved by the Secretary;
1
and
2
(b) specify a proposed day for the suspension to take effect (the
3
start day); and
4
(c) specify a proposed day for the suspension to cease to have
5
effect (the end day), which must not be later than 12 months
6
after the start day; and
7
(d) contain any other information prescribed by the Secretary's
8
rules.
9
Suspension
10
(3) The Secretary may suspend the approval if the Secretary:
11
(a) agrees with the start day and the end day specified in the
12
application; and
13
(b) is satisfied that the suspension is reasonable in the
14
circumstances.
15
(4) If the Secretary suspends the approval, the Secretary must give
16
notice to the provider that the Secretary has done so. The notice
17
must specify:
18
(a) the day the suspension takes effect (which may be earlier
19
than the day the notice is given); and
20
(b) the day the suspension ceases to have effect.
21
Revocation
22
(5) The Secretary may revoke the suspension if the Secretary is
23
satisfied that the revocation is reasonable in the circumstances.
24
(6) If the Secretary revokes the suspension, the Secretary must give
25
notice to the provider of the day the revocation takes effect (which
26
must not be earlier than the day the notice is given).
27
197AB Suspension if approval suspended under Education and Care
28
Services National Law
29
Suspension of provider approval
30
(1) If:
31
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Family Assistance Legislation Amendment (Building on the Child Care
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29
(a) an approved provider holds a provider approval within the
1
meaning of the Education and Care Services National Law;
2
and
3
(b) the provider approval is suspended under the Education and
4
Care Services National Law (the National Law provider
5
suspension);
6
the approval of the approved provider is taken to be suspended
7
under this section for the same period during which the National
8
Law provider suspension is in effect.
9
(2) Subsection (1) does not apply if the provider approval is
10
voluntarily suspended under section 37 of the Education and Care
11
Services National Law.
12
Suspension of service approval
13
(3) If:
14
(a) an approved provider holds a service approval within the
15
meaning of the Education and Care Services National Law;
16
and
17
(b) the service approval is suspended under the Education and
18
Care Services National Law (the National Law service
19
suspension);
20
the approval of the approved provider in respect of the service
21
covered by the service approval is taken to be suspended under this
22
section for the same period during which the National Law service
23
suspension is in effect.
24
(4) Subsection (3) does not apply if the service approval is voluntarily
25
suspended under section 85 of the Education and Care Services
26
National Law.
27
Secretary must give notice of suspension
28
(5) If the approval of an approved provider, or the approval of an
29
approved provider in respect of one or more services, is suspended
30
under this section, the Secretary must give the provider notice of
31
the suspension.
32
18 Section 197B
33
Repeal the section, substitute:
34
Schedule 2 Amendments relating to ensuring the integrity of the child care subsidy
system
30
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
No. , 2019
197B Suspension, cancellation or variation for multiple infringement
1
notices
2
(1) If an approved provider has been given 10 infringement notices
3
under Part 5 of the Regulatory Powers Act in respect of alleged
4
contraventions of civil penalty provisions of this Act within a
5
period of 12 months, the Secretary may do one or more of the
6
following:
7
(a) suspend the approval of the approved provider;
8
(b) suspend the approval of the approved provider in respect of
9
one or more services;
10
(c) cancel the approval of the approved provider;
11
(d) vary the provider's approval so that the provider is not
12
approved in respect of one or more child care services.
13
Note:
Before doing a thing mentioned in paragraphs (a) to (d), the Secretary
14
must follow the procedure in section 199A.
15
(2) For the purposes of subsection (1):
16
(a) an infringement notice is taken to have been given to an
17
approved provider under Part 5 of the Regulatory Powers Act
18
whether it has been paid or not; and
19
(b) an infringement notice is taken not to have been given to an
20
approved provider under Part 5 of the Regulatory Powers Act
21
if the infringement notice is withdrawn in accordance with
22
section 106 of that Act.
23
Suspension
24
(3) If the Secretary suspends the provider's approval, or suspends the
25
provider's approval in respect of one or more services, the
26
Secretary must give the provider notice of the day the suspension
27
takes effect (which must not be earlier than the day the notice is
28
given).
29
(4) The Secretary may revoke the suspension.
30
(5) If the Secretary revokes the suspension, the Secretary must give
31
notice to the provider that the Secretary has done so. The notice
32
must specify the day the revocation takes effect (which may be
33
earlier than the day the revocation was done).
34
Amendments relating to ensuring the integrity of the child care subsidy system
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Family Assistance Legislation Amendment (Building on the Child Care
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31
Cancellation
1
(6) If the Secretary cancels the provider's approval, the Secretary must
2
give the provider notice of the day the cancellation takes effect
3
(which must not be earlier than the day the notice is given).
4
Variation
5
(7) If the Secretary varies the provider's approval by removing a child
6
care service from the approval, the Secretary must give the
7
provider notice of the day the variation takes effect (which must
8
not be earlier than the day the notice is given).
9
19 Paragraph 197F(1)(b)
10
Repeal the paragraph, substitute:
11
(b) none of the following apply:
12
(i) the provider's approval is suspended under
13
section 197AA for any part of the 3 month period;
14
(ii) all approved child care services of the provider are
15
subject to a determination under section 195C that the
16
service need not operate for the period;
17
(iii) the Secretary is satisfied that, because of special
18
circumstances affecting the provider, the provider's
19
approval should not be cancelled.
20
20 Paragraph 197G(1)(b)
21
Repeal the paragraph, substitute:
22
(b) none of the following apply:
23
(i) the provider's approval with respect to the service is
24
suspended under section 197AA for any part of the 3
25
month period;
26
(ii) all approved child care services of the provider are
27
subject to a determination under section 195C that the
28
service need not operate for the period;
29
(iii) the Secretary is satisfied that, because of special
30
circumstances affecting the provider, the provider's
31
approval should not be cancelled.
32
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21 At the end of section 197H
1
Add:
2
(3) In this section:
3
ceases to operate has the meaning given by the Minister's rules.
4
22 At the end of section 197J
5
Add:
6
(3) In this section:
7
ceases to operate has the meaning given by the Minister's rules.
8
23 At the end of Division 4 of Part 8
9
Add:
10
197L Cancellation or variation if approval cancelled under
11
Education and Care Services National Law
12
Cancellation of provider approval
13
(1) If:
14
(a) an approved provider holds a provider approval within the
15
meaning of the Education and Care Services National Law;
16
and
17
(b) the provider approval is cancelled under the Education and
18
Care Services National Law (the National Law provider
19
cancellation);
20
the approval of the approved provider is taken to be cancelled
21
under this section on the same day as the day on which the
22
National Law provider cancellation takes effect.
23
Note:
A provider approval may be cancelled on a number of grounds under
24
the Education and Care Services National Law, including if it is
25
surrendered.
26
(2) If the approval of an approved provider is cancelled under
27
subsection (1), the Secretary must give the provider notice of the
28
cancellation.
29
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Family Assistance Legislation Amendment (Building on the Child Care
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33
Variation of provider approval following cancellation of service
1
approval
2
(3) If:
3
(a) an approved provider holds a service approval within the
4
meaning of the Education and Care Services National Law;
5
and
6
(b) the service approval is cancelled under the Education and
7
Care Services National Law (the National Law service
8
cancellation);
9
the approval of the approved provider is taken to be varied under
10
this section to remove the service to which the National Law
11
service cancellation relates from the approval on the same day as
12
the day on which that cancellation takes effect.
13
Note:
A service approval may be cancelled on a number of grounds under
14
the Education and Care Services National Law, including if it is
15
surrendered.
16
(4) If the approval of an approved provider in respect of one or more
17
services is varied under subsection (3), the Secretary must give the
18
provider notice of the variation.
19
24 Subsection 199A(1)
20
Omit "section 197D or 197E", substitute "section 197B, 197D or
21
197E".
22
25 After paragraph 199B(1)(b)
23
Insert:
24
(ba) the approval of an approved provider, or the approval of an
25
approved provider in respect of one or more services, is
26
suspended by operation of section 197AB;
27
(bb) the Secretary suspends, cancels or varies the approval of an
28
approved provider under subsection 197B(1);
29
(bc) the approval of an approved provider is cancelled or varied
30
by operation of section 197L;
31
26 Subsection 199B(2)
32
Repeal the subsection, substitute:
33
Schedule 2 Amendments relating to ensuring the integrity of the child care subsidy
system
34
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
No. , 2019
(2) Without limiting subsection (1), the Secretary may publicise
1
information that includes the following:
2
(a) the name of the provider;
3
(b) the name and address of an approved child care service or
4
former approved child care service of the provider;
5
(c) the grounds for the occurrence of the event specified in
6
subsection (1);
7
(d) if the information relates to the doing of one or more of the
8
things mentioned in subsection 195H(1):
9
(i) the things done; and
10
(ii) the day when each thing done takes effect; and
11
(iii) each condition for continued approval of the provider
12
with which the provider has not complied, or is not
13
complying; and
14
(iv) the day (if any) when each thing done ceases to have
15
effect;
16
(e) if the information relates to a suspension under
17
subsection 197A(1) or section 197AB:
18
(i) the day when the suspension takes effect; and
19
(ii) the day (if any) when the suspension ceases to have
20
effect;
21
(f) if the information relates to a suspension, cancellation or
22
variation under subsection 197B(1):
23
(i) the day when the suspension, cancellation or variation
24
takes effect; and
25
(ii) the details of the infringement notices which formed the
26
grounds for the suspension, cancellation or variation;
27
and
28
(iii) if the information relates to a suspension--the day (if
29
any) when the suspension ceases to have effect;
30
(g) if the information relates to a cancellation or variation under
31
section 197L--the day when the cancellation or variation
32
takes effect.
33
Amendments relating to ensuring the integrity of the child care subsidy system
Schedule 2
No. , 2019
Family Assistance Legislation Amendment (Building on the Child Care
Package) Bill 2019
35
27 Application
--debts arising from AAT stay orders
1
The amendment of section 73 of the A New Tax System (Family
2
Assistance) (Administration) Act 1999 made by this Schedule applies in
3
relation to an order made by the AAT under subsection 41(2) of the
4
Administrative Appeals Tribunal Act 1975 on or after the
5
commencement of this item.
6
28 Application
--time limit for application for review
7
The amendments of sections 109DA and 111A of the A New Tax System
8
(Family Assistance) (Administration) Act 1999 made by this Schedule
9
apply in relation to a decision made under Division 2 of Part 4 of that
10
Act relating to CCS or ACCS on or after the commencement of this
11
item.
12
29 Application
--decisions for which AAT single review may
13
be sought
14
The amendments of section 138 of the A New Tax System (Family
15
Assistance) (Administration) Act 1999 made by this Schedule do not
16
apply in relation to a decision made under section 197H or 197J of that
17
Act if the provider applies to the AAT for review of the decision under
18
section 138 of that Act before the commencement of this item.
19
20