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CHILD CARE PAYMENTS ACT 1997
TABLE OF PROVISIONS
Long Title
PART 1--PRELIMINARY MATTERSýÜ
1. Short title
2. Commencement
3. Identifying defined terms
4. Overview
PART 2--INTERPRETATION
5. Definitions
6. Meaning of comply with a tax file number request--request for
7. Meaning of comply with a tax file number request--request for tax
8. Meaning of conscientious objection
9. Extended meaning of inhabitant of Australia--students receiving
10. Extended meaning of inhabitant of Australia--hardship and special
11. Meaning of member of a couple
12. Meaning of payment commencement day
13. Meaning of receiving
14. Meaning of satisfies the work/training/study test
15. Work/training/study test--recognised work or work related
16. Work/training/study test--recognised training commitments
17. Work/training/study test--recognised study commitments
18. Minister's power to make determinations for the purposes of other
PART 1--ENTITLEMENT
19. Entitlement to child care assistance
PART 2--QUALIFICATION
20. Qualification for child care assistance
21. Meaning of dependent child
22. The immunisation requirement--prospective claimants and
23. The immunisation requirement--retrospective claimants
24. Sessions of care in respect of which emergency child care assistance
25. Treatment of absences of child from care
PART 3--LIMITATIONS ON PAYABILITY
26. Part sets out limits on payability
27. Assets test
28. Assets test--determining value of assets
29. Assets test--indexation of assets limit
30. Non-temporary cessation of qualification criteria
31. No payment unless proper claim made
32. Nil rate of payment
33. Prospective claims--no payment in respect of periods before or after the
34. Prospective claims--provision of tax file numbers
35. Prospective claims--provision of information required by recipient
36. Retrospective claims--no payment in respect of periods before or after
PART 4--CLAIMS FOR CHILD CARE ASSISTANCE
37. Prospective and retrospective claims
38. Need for a claim
39. Secretary may also treat claim as claim for child care rebate
40. Form of claim
41. Lodgment of claim
42. Claim may be withdrawn
43. Secretary may give notice stating that child must be immunised
44. Secretary may request claimant to give statement of tax file
45. Secretary may request claimant to give statement of partner's tax file
PART 5--DETERMINATION OF CLAIMS
46. Division applies if person makes a prospective claim that is a proper
47. Secretary to determine claim
48. Maximum assistance period
49. Division applies if person makes a retrospective claim that is a proper
50. Secretary to determine claim
51. Maximum assistance period
52. Date of effect etc. of determinations may be dealt with in
PART 6--RATE OF CHILD CARE ASSISTANCE
53. Rate of child care assistance
PART 7--PAYMENT OF CHILD CARE ASSISTANCE
54. Payment by instalments
55. Prospective claims payment system
56. Retrospective claims payment system
57. Division deals with payment pursuant to prospective claims
58. Commencement of payment
59. Payment by instalments
60. Payments generally to be made to operator of child care assistance
61. Payment may be made to the person
62. Payment into bank etc. account
63. Where payday would fall on public holiday etc.
64. Payment after death of person
65. Division deals with payment pursuant to retrospective claims
66. Payment in lump sum
67. Payment into bank etc. account
68. Payment after death of person
PART 8--RECIPIENT OBLIGATIONS
69. Part deals with obligations of people paid pursuant to prospective
70. Secretary may give notice stating that child must be immunised
71. Secretary may request person to give statement of tax file
72. Secretary may request person to give statement of partner's tax file
73. Secretary may require notice of the happening of an event or a change of
74. Secretary may require person to give particular information relevant to
75. Secretary may require person to give information relating to entitlement
76. Secretary may require person to give notice of change of address
PART 1--ENTITLEMENT
77. Entitlement to child care rebate
PART 2--QUALIFICATION
78. Qualification for child care rebate
79. Meaning of dependent child
80. The immunisation requirement--prospective claimants and
81. The immunisation requirement--retrospective claimants
82. Treatment of absences of child from care
PART 3--LIMITATIONS ON PAYABILITY
83. Part sets out limits on payability
84. Non-temporary cessation of qualification criteria
85. No payment unless proper claim made
86. Nil rate of payment
87. Prospective claims--no payment in respect of periods before or after the
88. Prospective claims--provision of information required by recipient
89. Retrospective claims--no payment in respect of periods before or after
PART 4--CLAIMS FOR CHILD CARE REBATE
90. Prospective and retrospective claims
91. Need for a claim
92. Secretary may also treat claim as claim for child care
93. Form of claim
94. Lodgment of claim
95. Claim may be withdrawn
96. Secretary may give notice stating that child must be immunised
97. Secretary may request claimant to give statement of tax file
98. Secretary may request claimant to give statement of partner's tax file
PART 5--DETERMINATION OF CLAIMS
99. Division applies if person makes a prospective claim that is a proper
100. Secretary to determine claim
101. Maximum rebate period
102. Division applies if person makes a retrospective claim that is a proper
103. Secretary to determine claim
104. Maximum rebate period
105. Date of effect etc. of determinations may be dealt with in
PART 6--RATE OF CHILD CARE REBATE
106. Rate of child care rebate
PART 7--PAYMENT OF CHILD CARE REBATE
107. Payment by instalments
108. Prospective claims payment system
109. Retrospective claims payment system
110. Division deals with payment pursuant to prospective claims
111. Commencement of payment
112. Payment by instalments
113. Payments to be made to person
114. Payment into person's bank etc. account
115. Where payday would fall on public holiday etc.
116. Payment after death of person
117. Division deals with payment pursuant to retrospective claims
118. Payment in lump sum
119. Payment into bank etc. account
120. Payment after death of person
PART 8--RECIPIENT OBLIGATIONS
121. Part deals with obligations of people paid pursuant to prospective
122. Secretary may give notice stating that child must be immunised
123. Secretary may request person to give statement of tax file
124. Secretary may request person to give statement of partner's tax file
125. Secretary may require notice of the happening of an event or a change
126. Secretary may require person to give particular information relevant to
127. Secretary may require person to give information relating to
128. Secretary may require person to give notice of change of
PART 1--PRELIMINARY
129. Amount paid to person includes amount paid on person's behalf to
130. Special provisions relating to operators of child care assistance
131. Chapter does not apply to emergency child care assistance
PART 2--AMOUNTS RECOVERABLE UNDER THIS ACT
132. Debts due to the Commonwealth
133. Debts arising under this Act
134. Debts arising from AAT stay orders
135. Debts arising from recipient's contravention of this Act
136. Person other than payee obtaining payment of a cheque
137. Debts arising from conviction of person for involvement in
138. Data-matching Program (Assistance and Tax) Act debts
139. Interest payable on debt for failure to enter agreement to pay
140. Interest payable on debt for breach of agreement to pay debt
141. Penalty interest rate
142. Debt from failure to comply with garnishee notice
143. Overseas application of provisions
144. Recoverable debts
PART 3--METHODS OF RECOVERY
145. Deductions generally
146. Deductions from debtor's child care payment
147. Deductions from group payments made to child care assistance
148. Time limits on recovery action under sections 146 and 147
149. Legal proceedings
150. Garnishee notice
151. Time limits on recovery action under section 150
152. Secretary may allow payment of debt by instalments
153. Deductions by consent from child care payment of person who is not a
PART 4--NON-RECOVERY OF DEBTS
154. Meaning of debt
155. Secretary may write off debt
156. Power to waive Commonwealth's right to recover debt
157. Waiver of debt arising from error
158. Waiver of debt relating to an offence
159. Waiver of small debt
160. Waiver in relation to settlements
161. Waiver where debtor or debtor's partner would have been entitled to
162. Waiver in special circumstances
163. Secretary may waive debts of a particular class
164. Determination that penalty interest not payable in relation to
165. Definitions
166. What is emergency child care assistance?
167. Minister may make guidelines
168. Application
169. Consequences of failure to comply with requirement for other
170. Children in respect of whom emergency child care assistance is not
171. Payability and rate of payment of emergency child care
172. Duration of payment of emergency child care assistance
PART 1--APPROVAL FOR CHILD CARE ASSISTANCE PURPOSES
173. What is the significance of approval of a child care service?
174. Application
175. Approval of child care services
176. Statement that applicant has tax file number
177. Conditions of approval
178. Allocation of hours condition ceases to apply to centre based long day
179. Consequences of breach of conditions of approval
180. Procedure for imposing a sanction
181. Cancellation
182. Procedure for cancellation
183. Effect of cancellation of approval on child care rebate service
184. Notification of matters affecting eligibility for approval
185. Eligibility rules--centre based long day care services
186. Eligibility rules--family day care services
187. Eligibility rules--occasional care services
188. Eligibility rules--outside school hours care services
189. Exemption from eligibility rules
190. Eligibility rules may deal with who may operate a service and change of
191. Determinations disallowable
192. Purpose of Division
193. Secretary to allocate child care assistance hours
194. Allocation guidelines
195. Notice of allocation
196. Re-allocation of surrendered child care assistance hours
197. Application for new child care assistance hours
198. Determination of application
199. Allocation of new child care assistance hours--1998 and 1999
200. Total number to be divided on regional basis
201. Allocation within a region limited to hours available in region
202. Other factors affecting allocation
203. Allocation of new child care assistance hours
204. Factors affecting allocation of new hours
PART 2--REGISTRATION FOR CHILD CARE REBATE PURPOSES
205. What is the significance of registration of a child care
206. Application
207. Registration of child care services
208. Statement that applicant has tax file number
209. When does registration take effect?
210. Conditions of registration
211. Consequences of breach of conditions of registration
212. Procedure for imposing a sanction
213. Cancellation
214. Procedure for cancellation
215. Notification of matters affecting eligibility for registration
216. Eligibility rules
217. Exemption from eligibility rules
218. Determinations disallowable
PART 3--REVIEW OF DECISIONS
219. Review by the AAT
220. Internal review
PART 1--INFORMATION GATHERING
221. General power to obtain information
222. Power to obtain information from a person who owes a debt to the
223. Power to obtain information about a person who owes a debt to the
224. General provisions about making requirements under sections 221 to
225. Power to obtain information to verify claims etc.
226. General provisions about making requirements under section 225
227. Secretary's obligation in relation to information given under section
228. State/Territory law does not affect obligations to provide information
229. Part does not create offences in relation to emergency child care
PART 2--CONFIDENTIALITY
230. Authorised access to and use of protected information
231. Offence--unauthorised access to protected information
232. Offence--unauthorised use of protected information
233. Protection extends to court, tribunal etc. proceedings
234. Secretary's certificate
235. Guidelines for exercise of Secretary's disclosure power
236. Offence--soliciting disclosure of protected information
237. Offence--untrue representations
238. Offences--offering to supply protected information
239. Officer's oath or declaration
240. Freedom of Information Act not affected
241. Application of the Criminal Code
242. Crown not liable to be prosecuted for offences
243. Conviction of an offence--repayment of child care payment
244. Secretary's certificate
245. Court certificate
246. Proceedings against non-corporations
PART 1--INTERNAL REVIEW
247. Decisions to which Part applies
248. Secretary may review decisions
249. Application for review
250. Secretary or CEO may continue payment pending outcome of application
251. Powers of Secretary, CEO or authorised review officer if application
252. Certain determinations not to be revived
253. Notification of further rights of review
PART 2--REVIEW BY SOCIAL SECURITY APPEALS TRIBUNAL
254. Decisions to which Part applies
255. SSAT objectives
256. Application for review by SSAT
257. Secretary may continue payment pending outcome of application for
258. SSAT review powers
259. Date of effect of SSAT decisions
260. Application requirements
261. Variation of decision before SSAT review completed
262. Parties to SSAT review
PART 3--RIGHT TO REVIEW BY ADMINISTRATIVE APPEALS TRIBUNAL
263. Review of SSAT decision by AAT
264. Variation of decision before AAT review completed
265. Review of SSAT decision on application by the Secretary
266. Secretary may settle proceedings before the AAT
PART 4--MODIFICATION OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975
267. Modification of the Administrative Appeals Tribunal Act
268. Statement of reasons for decision
269. Notice of application for review
270. Parties to review by the AAT
271. Lodging documents with the AAT
272. Power of the AAT to obtain additional statements
273. Operation and implementation of the decision under review
274. Power of the AAT if party fails to appear
PART 1--GENERAL ADMINISTRATION
275. Secretary to have general administration of Act
276. Delegation by Secretary
277. Authorised review officers
278. Decisions to be in writing
279. Notice of decisions under this Act
PART 2--SPECIAL PROVISIONS ABOUT THE AGENCY
280. References to the Secretary and the Department--requirements etc. by
281. References to the Secretary and the Department--directions by
282. Treatment of unincorporated associations
283. Treatment of partnerships
284. Judicial notice to be taken of certain matters
285. Evidence
286. Source of payments
287. Regulations
SCHEDULE 1--Calculation of rate of child care assistance
SCHEDULE 2--Calculation of rate of child care rebate
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