This instrument is the Child Care Subsidy Amendment (Three Day Guarantee and Other Measures) Minister’s Rules 2025.

(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. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table	The day after this instrument is registered.
2. Schedule 1	At the same time as the Early Childhood Education and Care (Three Day Guarantee) Act 2025 commences.	1 January 2026.
3. Schedule 2	1 January 2026.	1 January 2026.
4. Schedule 3, Parts 1 and 2	The day after this instrument is registered.
5. Schedule 3, Part 3	At the same time as Part 5 of Schedule 1 to the Early Childhood Education and Care (Strengthening Regulation of Early Education) Act 2025 commences.	1 January 2026.

Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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 1—Three day guarantee amendments

Child Care Subsidy Minister’s Rules 2017

1 Paragraph 17(b)

Omit “activity test result”, substitute “subsidised hours”.

2 Division 3 of Part 3 (heading)

Repeal the heading, substitute:

Division 3—Recognised participation types

3 Subsection 18(1)

Omit “activity”, substitute “participation type”.

4 Subsection 18(2)

Omit “other activity”, substitute “other participation type”.

5 Paragraph 18(2)(d)

Repeal the paragraph, substitute:

(d) work done as part of self employment;

6 Subdivision B of Division 3 of Part 3 (heading)

Repeal the heading, substitute:

Subdivision B—Additional participation types

7 Subsection 19(1)

Omit “recognised activity”, substitute “a recognised participation type”.

8 Subsection 19(1)

Omit “activities”, substitute “participation types”.

9 Subsection 19(2)

Repeal the subsection (not including the note), substitute:

(2) However, the individual does not engage in a recognised participation type under subsection (1) of this section if the participation type is engaged in during the course of a participation type mentioned in paragraph 12(2)(b) or (c) of that Schedule.

10 Subsection 20(1)

Omit “recognised activity”, substitute “a recognised participation type”.

11 Subsection 21(1)

Omit “recognised activity”, substitute “a recognised participation type”.

12 Subsection 21(1)

Omit “activities”.

13 Paragraph 21(1)(c)

Omit “if the work directly supports the learning and development of the children at the school, preschool or service”.

14 Subsection 21(1) (example)

Repeal the example, substitute:

Example: For paragraph (c), examples include reading to children, providing support in a classroom or learning environment, supporting the operations of the facility, and involvement in a parents and citizens committee or a management committee.

15 Subsection 21(2)

Omit “activity” (wherever occurring), substitute “participation type”.

16 Subsection 22(1)

Omit “recognised activity”, substitute “a recognised participation type”.

17 Subsection 22(2)

Omit “activities”.

18 Subsection 22(2) (note)

Omit “activity test result”, substitute “subsidised hours”.

19 Subsection 22(2) (note)

Omit “activities” (wherever occurring), substitute “participation types”.

20 Subsection 22(3)

Omit “activity” (wherever occurring), substitute “participation type”.

21 Subsection 23(1)

Omit all the words before paragraph (a), substitute:

For the purposes of paragraph 12(2)(d) of Schedule 2 to the Family Assistance Act, an individual engages in a recognised participation type during a CCS fortnight if, during the fortnight, the individual engages in actively setting up a business that has not yet started to operate, including engaging in one or more of the following participation types in relation to the proposed business:

22 Subsection 23(2)

Omit “recognised activity”, substitute “a recognised participation type”.

23 Section 23A

Omit “recognised activity”, substitute “recognised participation type”.

24 Subdivision C of Division 3 of Part 3 (heading)

Repeal the heading, substitute:

Subdivision C—Associated participation types

25 Section 24

Repeal the section.

26 Paragraph 25(1)(a)

Omit “recognised activity”, substitute “recognised participation type”.

27 Paragraph 25(1)(d)

Omit “recognised activity”, substitute “a recognised participation type”.

28 Subsection 25(2)

Omit “recognised activity”, substitute “a recognised participation type”.

29 Subsection 25(3)

Omit “recognised activity”, substitute “recognised participation type”.

30 Paragraph 26(1)(a)

Omit “recognised activity”, substitute “recognised participation type”.

31 Subsection 26(1) (note)

Omit “recognised activity”, substitute “recognised participation type”.

32 Subsection 26(2)

Omit “recognised activity”, substitute “recognised participation type”.

33 Paragraph 27(1)(a)

Omit “recognised activity”, substitute “recognised participation type”.

34 Subsections 27(2), (3), and (4)

Omit “recognised activity”, substitute “a recognised participation type”.

35 Paragraph 28(1)(a)

Repeal the paragraph, substitute:

(a) An individual engages in a recognised participation type consisting of either:

(i) an approved course of education or study for the purposes of paragraph 12(2)(c) of Schedule 2 to the Family Assistance Act; or

(ii) an Australian course of study for the purposes of section 23A of these Rules; and

36 Subsection 28(1) (note)

Omit “recognised activity”, substitute “recognised participation type”.

37 Subsection 28(2)

Omit “recognised activity”, substitute “a recognised participation type”.

38 Paragraph 29(1)(a)

Repeal the paragraph, substitute:

(a) An individual engages in a recognised participation type consisting of either:

(i) an approved course of education or study for the purposes of paragraph 12(2)(c) of Schedule 2 to the Family Assistance Act; or

(ii) an Australian course of study for the purposes of section 23A of these Rules; and

39 Subsections 29(2), (3), and (4)

Omit “recognised activity”, substitute “a recognised participation type”.

40 Subdivision D of Division 3 of Part 3 (heading)

Repeal the heading, substitute:

Subdivision D—Hours during which participation types are engaged in

41 Paragraph 30(1)(a)

Omit “recognised activity”, substitute “a recognised participation type”.

42 Subsection 30(2)

Omit “recognised activity” (first occurring), substitute “recognised participation type”.

43 Subsection 30(2)

Omit “recognised activity” (second occurring), substitute “a recognised participation type”.

44 Subsection 30(2) (examples 1 and 2)

Omit “recognised activity”, substitute “recognised participation type”.

45 Paragraph 32(a)

Omit “recognised activity”, substitute “a recognised participation type”.

46 Section 38

Repeal the section, substitute:

38 Individual receiving a carer allowance

(1) There is a Minister’s rules result of 100 for an individual for a CCS fortnight, in relation to any child, if:

on the first day of the fortnight, the individual receives a carer allowance under the Social Security Act 1991; and
the sum of hours of caring activity and hours of recognised participation type engaged in by the Individual for the fortnight is 48 or more.

(2) In this section:

hours of caring activity, in relation to caring activity consisting of the provision of care and attention on a daily basis to a care receiver (or care receivers) for the purpose of qualifying for the carer allowance, means the actual numbers of hours in the fortnight the individual engages in such caring activity.

hours of recognised participation type is the number of hours the individual engages in recognised activities that would (apart from this section) count towards the individuals recognised activity for the fortnight.

47 Subsection 39(4)

Repeal the subsection, substitute:

(4) There is a Minister’s rules result of 100 for an individual if the sum of hours of qualifying activity and hours of recognised participation type is 48 or more.

(4A) In this section:

hours of qualifying activity is the actual number of hours the individual engages in qualifying activities for the receipt of the relevant benefit during the fortnight.

hours of recognised participation type, in relation to participation types other than qualifying activities, if the other participation types are recognised participation types, is the number of hours the individual engages in those recognised participation types that would (apart from this section) count towards the individual’s increased hours result for the fortnight.

Note: Some participation types may be both qualifying activities and recognised participation types (for example, looking for paid work, for an individual receiving a jobseeker payment). Hours engaged in those participation types are covered by the definition of hours of qualifying activity.

48 Section 39A

Repeal the section.

49 Section 39B

Repeal the section.

50 Section 40

Repeal the section.

51 Subdivision C of Division 4 of Part 3

Repeal the subdivision.

52 At the end of Part 6A

Add:

Division 3—Amendments made by the Child Care Subsidy Amendment (Three Day Guarantee and Other Measures) Minister’s Rules 2025

61AE Application of amendments

The amendments made by Schedule 1 to the Child Care Subsidy Amendment (Three Day Guarantee and Other Measures) Minister’s Rules 2025 apply in relation to sessions of care provided to a child in a CCS fortnight that starts on or after the commencement of Schedule 1 to the Child Care Subsidy Amendment (Three Day Guarantee and Other Measures) Minister’s Rules 2025.

Schedule 2—In home care amendments

Child Care Subsidy Minister’s Rules 2017

1 Section 4 (definition of IHC Support Agency)

Repeal the definition, substitute:

IHC Support Agency means an entity engaged and funded by the Department responsible for child care matters to support the delivery of in home care in each State and Territory through a networked brokerage model.

2 At the end of sub-paragraph 8AA(2)(b)(i)

Add “within the meaning of subsection (3);”

3 At the end of section 8AA

Add:

(3) For the purposes of sub-paragraph (2)(b)(i), normal child care service hours means weekdays from 6:30 am to 6:30 pm.

4 At the end of section 45

Add:

In home care services

(5) Where the provider applies for approval in respect of an in home care service:

(a) the service must primarily provide education and care; and

(b) the service must not provide any of the following services, except to the extent that they are reasonably incidental to the provision of education and care:

(i) undertaking household chores, such as cleaning, shopping, and meal preparation;

(ii) other support services, such as parental support, disability support, allied health services, or respite care.

5 Paragraphs 48A(2)(a) and (b)

Repeal the paragraphs, substitute:

(a) develop and provide an education program that:

(i) acknowledges and strengthens the cultural identity of all children to whom care is provided; and

(ii) provides tailored, individual learning goals that are based on each child’s knowledge, ideas, culture, abilities and interests; and

(ii) is based on, and delivered in accordance with, an approved learning framework; and

6 Paragraph 48A(2)(e)

Repeal the subparagraph, substitute:

(e) ensure that the needs for sleep and rest of children are met, including the need for safe sleep practices, having regard to the ages, developmental stages and individual needs of the children; and

7 Subsection 48A(8)

Repeal the subsection, substitute:

Home safety assessments and checks

(8) Before an IHC service provides its first session of care at a particular location, the provider of the IHC service must conduct a home safety assessment of the location.

(9) Before each session of care provided by an IHC service at a particular location, the provider of the IHC service must ensure that a safety check of the location is conducted.

8 Before paragraph 48A(10)(a)

Insert:

(aa) register with the IHC Support Agency of each State and Territory in which it provides an IHC service; and

9 Paragraph 48A(10)(c)

Omit “consistently with furthering the purpose of their role as set out in the In Home Care National Guidelines, as existing from time to time”.

10 At the end of section 48A

Add:

(11) In this section:

approved learning framework means a learning framework approved and in operation under the Education and Care Services National Law and the Education and Care Services National Regulations;

home safety assessment means a structured evaluation of a location to identify hazards and address risks to children’s health, safety and wellbeing.

safety check means a brief, documented inspection of a location to ensure the environment remains safe and suitable for children.

11 After section 48A

Insert:

48AA Additional conditions for continued approval for approved providers of in home care services—requirements for IHC educators

(1) For section 195E of the Family Assistance Administration Act, this section sets out conditions for continued approval for a provider in respect of an IHC service.

(2) The provider must ensure that each IHC educator who works at the service:

(a) is 18 years of age or older; and

(b) meets the citizenship and residency requirements for the purposes of this paragraph (see subsection (3)); and

(d) has undertaken current approved anaphylaxis management training; and

(e) has undertaken current approved asthma management training; and

(f) unless the Secretary has granted an exemption under subsection (5), holds, or is actively working towards, an approved education and care qualification.

(3) For the purposes of paragraph (2)(b), an IHC educator meets the citizenship and residency requirements if the person is:

(a) an Australia citizen; or

(b) the holder of a permanent visa; or

Exemption from qualification requirement

(4) A provider may apply to the Secretary for an exemption to the requirement that a particular IHC educator must hold, or be actively working towards, an approved education and care qualification.

(5) The Secretary may grant the exemption if the Secretary is satisfied that:

(a) the educator (the first educator) provides care in an area that is designated as ‘Remote Australia’ or ‘Very Remote Australia’ in accordance with the Australian Statistical Geography Standard (ASGS) Edition 3 — Remoteness Areas, March 2023, as published by the Australian Bureau of Statistics; and

(b) the first educator will receive support and guidance, whether in person or virtually, from another educator (the second educator) where:

(i) the second educator holds an approved education and care qualification; and

(ii) the second educator is providing support and guidance for at least 20 per cent of the time the first educator is providing care.

(6) If the Secretary is not satisfied of the matters referred to in subsection (5), the Secretary must refuse to grant the exemption.

(7) Despite paragraph 108(2)(h) of the Family Assistance Administration Act, a decision to grant an exemption under subsection (5) or refuse to grant an exemption under subsection (6) is reviewable under section 108 of the Family Assistance Administration Act.

Note: Paragraph 108(2)(h) of the Family Assistance Administration Act has the effect that a decision under an instrument is not reviewable under section 109A of that Act. However, subsection 108(2A) of the Family Assistance Administration Act provides that paragraph 108(2)(h) of that Act does not apply in relation to a decision under an instrument if the instrument provides that the decision is reviewable for the purposes of section 108 of that Act.

(8) For the purposes of subsection (2), a qualification or training is taken to be current in the circumstances set out in regulation 136 of the Education and Care Services National Regulations.

(9) In this section:

actively working towards a qualification has the same meaning as in the Education and Care Services National Regulations;

approved anaphylaxis management training has the same meaning as in regulation 136 of the Education and Care Services National Regulations;

approved education and care qualification has the same meaning as in the Education and Care Services National Regulations;

approved emergency asthma management training has the same meaning as in regulation 136 of the Education and Care Services National Regulations;

approved first aid qualification has the same meaning as in regulation 136 the Education and Care Services National Regulations.

12 Section 49B

Repeal the section, substitute:

49B Matters to be taken into account in allocating places

For paragraphs 198A(b) and (g) of the Family Assistance Administration Act, in working out the number of places to be allocated to an in home care service, or the number of allocated places to be reduced, the Secretary must take into account:

(a) if applicable, the number of child care places that the service is, under a law of a State or Territory, licensed to provide; and

(b) whether, and the extent to which, any places currently allocated to the service are used; and

(d) the matters mentioned in subsection 194EA(1) of the Family Assistance Administration Act; and

(e) any non-compliance by the provider of the service with a law of the Commonwealth or a State or Territory.

Schedule 3—Other amendments

Part 1—Serious incident

Child Care Subsidy Minister’s Rules 2017

1 Section 4

Insert:

WHS Laws means one or more of the following:

the Work Health and Safety Act 2011;
any regulations or other instruments made under that Act;
any corresponding WHS laws within the meaning of that Act.

2 After Division 4 of Part 4

Insert:

Division 4A—Quality and safety considerations

46AA Meaning of serious incident

For the purposes of subsection 194EA(2) of the Administration Act, serious incident means:

for a provider that holds a provider approval within the meaning of the Education and Care Services National Law—each incident or class of incidents prescribed by the Education and Care Services National Regulations as a serious incident; or
for any other provider—each of the following:

the death of a child while being cared for by a child care service of the provider or as a result of an incident that occurred while being cared for by the service; or
any incident involving serious injury, harm, trauma to, or serious illness of, a child while being cared for by a child care service of the provider for which:

(A) the urgent attention of a medical practitioner was sought, or ought reasonably to have been sought; or

(B) the child attended, or ought reasonably to have attended, a hospital; or

any incident for which the attendance of emergency services at the premises where care is usually provided by a child care service of the provider was sought, or ought reasonably to have been sought; or
a child being cared for by a child care service of the provider:

(A) is missing; or

(B) appears to have been taken or removed from the premises where the service provides the care in a manner that would contravene the Education and Care Services National Regulations, regardless of whether the Regulations apply; or

(C) is accidentally locked in or locked out of the premises, or any part of the premises, where the care is being provided; or

any other incident required to be reported to the Regulator (within the meaning of the WHS Laws) under any applicable WHS Laws.

3 Subsection 48A(3)

Repeal the subsection, substitute:

(3) The provider must implement appropriate arrangements to manage serious incidents (see subsection (4)).

4 Subsection 48A(4)

Repeal the subsection, substitute:

(4) For the purposes of subsection (3), serious incident has the same meaning as in paragraph 46AA(b).

5 After subsection 48A(4)

Insert:

Notification

(4A) The provider must notify the Secretary in writing within 24 hours after:

a serious incident occurs; or
a circumstance occurs that could have resulted in the occurrence of a serious incident; or

(c) the provider receives a complaint in respect of a child care service of the provider alleging that a serious incident has occurred or is occurring; or

(d) any incident occurs where the provider reasonably believes that physical or sexual abuse of a child or children has occurred or is occurring while the child or children are being educated and cared for by a child care service of the provider; or

(e) the provider receives an allegation that physical or sexual abuse of a child or children has occurred or is occurring while the child or children are being educated and cared for by a child care service of the provider.

(4B) For the purposes of subsection (4A), serious incident has the same meaning as in paragraph 46AA(b).

6 Subsection 49(3)

Repeal the subsection, substitute:

(3) The provider must implement appropriate arrangements to manage serious incidents (see subsection (4)).

7 Subsection 49(4)

Repeal the subsection, substitute:

(4) For the purposes of subsection (3), serious incident has the same meaning as in paragraph 46AA(b).

8 After subsection 49(4)

Insert:

Notification

(4A) The provider must notify the Secretary in writing within 24 hours after:

a serious incident occurs; or
a circumstance occurs that could have resulted in the occurrence of a serious incident; or

(c) the provider receives a complaint in respect of a child care service of the provider alleging that a serious incident has occurred or is occurring; or

(4B) For the purposes of subsection (4A), serious incident has the same meaning as in paragraph 46AA(b).

9 Subsection 49(6)

Repeal the subsection.

Part 2—Other measures commencing day after registration

Child Care Subsidy Minister’s Rules 2017

10 Subsection 7A(2)

Omit “paragraph (1)(a)”, substitute “paragraph (1)(b)”.

11 Paragraph 10(j)

Omit “2026”, substitute “2027”.

12 Paragraph 11B(c)

Omit “2026”, substitute “2027”.

13 Paragraph 16A(3D)(a)

Omit “2025”, substitute “2027”.

14 Paragraph 16A(3D)(b)

Repeal the paragraph, substitute:

(b) the session of care was provided by a centre-based day care service, including a service operated by a State or Territory or an authority of a State or Territory, in a preschool program offered by that service; and

15 Section 47A (heading)

Omit “third party”, substitute “prescribed”.

16 Section 54B (heading)

Omit “or by States or Territories”.

17 Subsection 54B(1)

Omit “(1)”.

18 Subsections 54B(2) and (3)

Repeal the subsections.

Part 3—Amendments commencing at the same time as Part 5 of Schedule 1 to the Early Childhood Education and Care (Strengthening Regulation of Early Education) Act 2025

Child Care Subsidy Minister’s Rules 2017

19 Section 54A

Repeal the section, substitute:

54A Exceptions to requirements for making payments

For the purposes of subsection 201B(1A) of the Family Assistance Administration Act, the circumstance is the individual reasonably believes they or a child of the individual will be put at risk of family or domestic violence if one or both of the requirements in paragraphs 201B(1AA)(a) or (b) of the Family Assistance Administration Act are complied with.