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Rules/Other as made
This instrument amends the Child Care Subsidy Minister’s Rules 2017 to allow child care providers to not enforce the full payment of gap fees for educators employed, contracted or engaged by the provider.
Administered by: Education, Skills and Employment
Registered 07 Jan 2022
Table of contents.

Commonwealth Coat of Arms of Australia

 

Child Care Subsidy Amendment (Reducing Costs for Early Childhood Education and Care Workers) Minister’s Rules 2021

I, Stuart Robert, Minister for Employment, Workforce, Skills, Small and Family Business, make the following rules.

Dated 20 December 2021

Stuart Robert

Minister for Employment, Workforce, Skills, Small and Family Business

 

  

  


Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Schedules...................................................................................................................... 1

Schedule 1—Amendments                                                                                                                          2

Child Care Subsidy Minister’s Rules 2017                                                                                       2

 


1  Name

                   This instrument is the Child Care Subsidy Amendment (Reducing Costs for Early Childhood Education and Care Workers) Minister’s Rules 2021.

2  Commencement

             (1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

 

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.  The whole of this instrument

The day after this instrument is registered.

8 January 2022

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

             (2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

                   This instrument is made under the A New Tax System (Family Assistance) Act 1999.

4  Schedules

                   Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1Amendments

  

Child Care Subsidy Minister’s Rules 2017

1  Before Division 1 of Part 5

Insert:

Division 1AExemption from enforcing payment of hourly session fees

54A  Exemption for early childhood education and care workers

             (1)  This section sets out, for the purposes of subsection 201B(1A) of the Family Assistance Administration Act, circumstances in which a provider is not required to take reasonable steps under section 201B of that Act to ensure an individual pays the provider an amount under that section for sessions of care provided by a service to a child in a week.

             (2)  For the purposes of paragraph 201B(1A)(a) of that Act, the circumstance is that:

                     (a)  for any period during that week, the individual, or the individual’s partner, is an individual (the employed individual) employed, contracted or otherwise engaged by the provider as an educator; and

                     (b)  the service in which the employed individual is working in that role for the provider is not an FDC service or an IHC service.

             (3)  For the purposes of paragraph 201B(1A)(b) of that Act, the period is 24 January 2022 to 20 January 2023.

             (4)  For the purposes of paragraph 201B(1A)(c) of that Act, it is a condition that the provider has taken reasonable steps to ensure that the individual pays the provider at least 5% of the difference referred to in subsection 201B(1) of that Act.