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Child Care Payments Act 1997No. 195, 1997

No longer in force

Latest version

View as made version

C2004C02694

01 July 1999 - 18 June 2000

Table of contents

Chapter 1—Preliminary matters and interpretation
Part 1—Preliminary matters
- 1 Short title [see Note 1]
- 2 Commencement [see Note 1]
- 3 Identifying defined terms
- 4 Overview
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
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 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
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
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
Part 5—Determination of claims
- Division 1—Prospective claims
- Division 2—Retrospective claims
- Division 3—Date of effect etc. of determinations
  - 52 Date of effect etc. of determinations may be dealt with in regulations
Part 6—Rate of child care assistance
- 53 Rate of child care assistance
Part 7—Payment of child care assistance
- Division 1—General provisions about payment
- Division 2—Payment pursuant to prospective claims
- Division 3—Payment pursuant to retrospective claims
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
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 recipients
- 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 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
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
Part 5—Determination of claims
- Division 1—Prospective claims
- Division 2—Retrospective claims
- Division 3—Date of effect etc. of determinations
  - 105 Date of effect etc. of determinations may be dealt with in regulations
Part 6—Rate of child care rebate
- 106 Rate of child care rebate
Part 7—Payment of child care rebate
- Division 1—General provisions about payment
- Division 2—Payment pursuant to prospective claims
- Division 3—Payment pursuant to retrospective claims
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
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
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
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
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
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
Part 1—Approval for child care assistance purposes
- Division 1—Obtaining approval and conditions of approval
- Division 2—Allocation of child care assistance hours
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
Part 3—Review of decisions
- 219 Review by the AAT
- 220 Internal review
Chapter 7—Information management
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
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
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
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
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
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
Chapter 10—Administration
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 delegate
- 281 References to the Secretary and the Department—directions by Secretary
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
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