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Child Care Payments Act 1997
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C2004C02694
01 July 1999
-
18 June 2000
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Chapter 1—Preliminary matters and interpretation
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Part 1—Preliminary matters
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Identifying defined terms
4 Overview
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Part 2—Interpretation
5 Definitions
6 Meaning of comply with a tax file number request—request for person’s tax file number
7 Meaning of comply with a tax file number request—request for tax file number of person’s partner
8 Meaning of conscientious objection
9 Extended meaning of inhabitant of Australia—students receiving financial assistance
10 Extended meaning of inhabitant of Australia—hardship and special circumstances
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 commitments
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 definitions
Chapter 2—Child care assistance
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Part 1—Entitlement
19 Entitlement to child care assistance
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Part 2—Qualification
20 Qualification for child care assistance
21 Meaning of dependent child
22 The immunisation requirement—prospective claimants and recipients
23 The immunisation requirement—retrospective claimants
24 Sessions of care in respect of which emergency child care assistance generally not to count
25 Treatment of absences of child from care
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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 maximum assistance period
34 Prospective claims—provision of tax file numbers
35 Prospective claims—provision of information required by recipient reconciliation notice
36 Retrospective claims—no payment in respect of periods before or after maximum assistance period
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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 number
45 Secretary may request claimant to give statement of partner’s tax file number
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Part 5—Determination of claims
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Division 1—Prospective claims
46 Division applies if person makes a prospective claim that is a proper claim
47 Secretary to determine claim
48 Maximum assistance period
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Division 2—Retrospective claims
49 Division applies if person makes a retrospective claim that is a proper claim
50 Secretary to determine claim
51 Maximum assistance period
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Division 3—Date of effect etc. of determinations
52 Date of effect etc. of determinations may be dealt with in regulations
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Part 6—Rate of child care assistance
53 Rate of child care assistance
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Part 7—Payment of child care assistance
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Division 1—General provisions about payment
54 Payment by instalments
55 Prospective claims payment system
56 Retrospective claims payment system
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Division 2—Payment pursuant to prospective claims
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 service
61 Payment may be made to the person
62 Payment into bank account
63 Where payday would fall on public holiday etc.
64 Payment after death of person
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Division 3—Payment pursuant to retrospective claims
65 Division deals with payment pursuant to retrospective claims
66 Payment in lump sum
67 Payment into bank account
68 Payment after death of person
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Part 8—Recipient obligations
69 Part deals with obligations of people paid pursuant to prospective claims
70 Secretary may give notice stating that child must be immunised
71 Secretary may request person to give statement of tax file number
72 Secretary may request person to give statement of partner’s tax file number
73 Secretary may require notice of the happening of an event or a change of circumstances
74 Secretary may require person to give particular information relevant to payment of child care assistance
75 Secretary may require person to give information relating to entitlement to child care assistance in a past period
76 Secretary may require person to give notice of change of address
Chapter 3—Child care rebate
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Part 1—Entitlement
77 Entitlement to child care rebate
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Part 2—Qualification
78 Qualification for child care rebate
79 Meaning of dependent child
80 The immunisation requirement—prospective claimants and recipients
81 The immunisation requirement—retrospective claimants
82 Treatment of absences of child from care
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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 maximum rebate period
88 Prospective claims—provision of information required by recipient reconciliation notice
89 Retrospective claims—no payment in respect of periods before or after maximum rebate period
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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 assistance
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 number
98 Secretary may request claimant to give statement of partner’s tax file number
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Part 5—Determination of claims
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Division 1—Prospective claims
99 Division applies if person makes a prospective claim that is a proper claim
100 Secretary to determine claim
101 Maximum rebate period
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Division 2—Retrospective claims
102 Division applies if person makes a retrospective claim that is a proper claim
103 Secretary to determine claim
104 Maximum rebate period
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Division 3—Date of effect etc. of determinations
105 Date of effect etc. of determinations may be dealt with in regulations
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Part 6—Rate of child care rebate
106 Rate of child care rebate
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Part 7—Payment of child care rebate
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Division 1—General provisions about payment
107 Payment by instalments
108 Prospective claims payment system
109 Retrospective claims payment system
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Division 2—Payment pursuant to prospective claims
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 account
115 Where payday would fall on public holiday etc.
116 Payment after death of person
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Division 3—Payment pursuant to retrospective claims
117 Division deals with payment pursuant to retrospective claims
118 Payment in lump sum
119 Payment into bank account
120 Payment after death of person
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Part 8—Recipient obligations
121 Part deals with obligations of people paid pursuant to prospective claims
122 Secretary may give notice stating that child must be immunised
123 Secretary may request person to give statement of tax file number
124 Secretary may request person to give statement of partner’s tax file number
125 Secretary may require notice of the happening of an event or a change of circumstances
126 Secretary may require person to give particular information relevant to payment of child care rebate
127 Secretary may require person to give information relating to entitlement to child care rebate in a past period
128 Secretary may require person to give notice of change of address
Chapter 4—Overpayments and debt recovery
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Part 1—Preliminary
129 Amount paid to person includes amount paid on person’s behalf to another person
130 Special provisions relating to operators of child care assistance services
131 Chapter does not apply to emergency child care assistance
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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 contravention of this Act by debtor
138 Data-matching Program (Assistance and Tax) Act debts
139 Interest payable on debt for failure to enter agreement to pay debt
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
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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 service
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 debtor
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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 child care rebate
162 Waiver in special circumstances
163 Secretary may waive debts of a particular class
164 Determination that penalty interest not payable in relation to particular periods
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Chapter 5—Emergency child care assistance
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 information
170 Children in respect of whom emergency child care assistance is not payable
171 Payability and rate of payment of emergency child care assistance
172 Duration of payment of emergency child care assistance
Chapter 6—Approval and registration of child care services
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Part 1—Approval for child care assistance purposes
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Division 1—Obtaining approval and conditions of approval
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 care services after 31 December 1999
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 status
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 operator of a service
191 Determinations disallowable
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Division 2—Allocation of child care assistance hours
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Subdivision 1—General
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
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Subdivision 2—New child care assistance hours for centre based long day care services
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
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Subdivision 3—New child care assistance hours for other services
203 Allocation of new child care assistance hours
204 Factors affecting allocation of new hours
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Part 2—Registration for child care rebate purposes
205 What is the significance of registration of a child care service?
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
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Part 3—Review of decisions
219 Review by the AAT
220 Internal review
Chapter 7—Information management
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Part 1—Information gathering
221 General power to obtain information
222 Power to obtain information from a person who owes a debt to the Commonwealth
223 Power to obtain information about a person who owes a debt to the Commonwealth
224 General provisions about making requirements under sections 221 to 223
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 225
228 State/Territory law does not affect obligations to provide information under this Act
229 Part does not create offences in relation to emergency child care assistance
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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
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Chapter 8—General provisions about offences and penalties
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
Chapter 9—General provisions about review of decisions
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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 for review
251 Powers of Secretary, CEO or authorised review officer if application for review
252 Certain determinations not to be revived
253 Notification of further rights of review
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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 review
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
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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
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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
Chapter 10—Administration
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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
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Part 2—Special provisions about the Agency
280 References to the Secretary and the Department—requirements etc. by delegate
281 References to the Secretary and the Department—directions by Secretary
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Chapter 11—Miscellaneous
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
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Schedule 1—Calculation of rate of child care assistance
Module A—Interpretation
Module B—Overall rate calculation process
Module C—Qualifying session of care
Module D—Eligible hour of care
Module E—Hourly rebateable fee
Module F—CA%
Module G—Indexation
Module A—Overall rate calculation process
Module B—Qualifying session of care
Module C—CCR%
Module D—Weekly child care expenditure
Module E—Indexation
Notes to the Child Care Payments Act 1997
