{"id":"F2017L01237","name":"Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Rules 2017","slug":"child-care-benefit-eligibility-of-child-care-services-for-approval-and-continued-approval-rules-2017","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"repealed","isInForce":false,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439345,"registerId":"F2017L01237-fast-fetch-1775955402857","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Rules 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.jpeg)\n\n \n\nChild Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Rules 2017\n\nI, Simon Birmingham, Minister for Education and Training, make this instrument under subsection 205(1) of the A New Tax System (Family Assistance) (Administration) Act 1999.\n\nDated 18 September 2017\n\nSimon Birmingham\n\nMinister for Education and Training\n\n \n\n \n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement and repeal\n\n2A  Authority\n\n3  Definitions\n\n5  Review of decisions\n\nPart 2—Eligibility for approval as a child care service\n\n6  Purpose of this Part\n\n7  Applicant to be a suitable person\n\n8  Staff of child care service to be suitable persons\n\n9  Carers of family day care service and in-home care service to be suitable persons\n\n10  Undertakings as to operation of child care services—general\n\n10A  Additional undertakings as to operation of family day care service—monitoring compliance with section 8 of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015\n\n10AB  Additional undertakings as to operation of family day care service—monitoring compliance with section 9 of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015\n\n11  Compliance with child care laws\n\n12  Child care service to be insured\n\n14C  Child care service to have capacity to use electronic interface\n\nPart 3—Eligibility for continued approval as a child care service\n\n15  Purpose of this Part\n\n16  Approved child care service to continue to comply with suitability requirements etc.\n\n16A  Approved child care service to comply with undertakings\n\n16B  Approved in-home care service to comply with undertakings\n\n18  Approved child care service to continue to be operated by applicant for approval\n\n19  Approved child care service to notify the Secretary of certain events\n\n20  Approved child care service to permit inspection\n\n21  Approved child care service to provide certain information\n\n21A  Approval of form and manner of giving information\n\n22  Approved child care service to protect personal information\n\n24  Approved family day care services and approved in-home care services to have in-home care agreements\n\n25  Approved child care service to only provide 24 hour care where 24 hour limit applies\n\n26  Approved child care service with allocated places not to change location without approval\n\n27  Standard hours family day care and standard hours in-home care\n\nPart 4—Savings and transitional provisions\n\n28  Definition\n\n29  Applications for approval on foot at commencement\n\n30  Remaking of existing Secretary’s determinations, approvals etc.\n\nSchedule 1—Priority of access guidelines\n\n1  Definitions\n\n2  Priorities for filling vacant child care places\n\n3  Priorities within each category of priority\n\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This instrument is the Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Rules 2017.\n\n2  Commencement and repeal\n\n (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.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument 1 October 2017. 1 October 2017\n\n\nNote: 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.\n\n (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.\n\n (3) This instrument is repealed immediately after the commencement of Schedule 1 to the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017.\n\nNote: Schedule 1 to the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017 commences on 2 July 2018, see section 2 of that Act.\n\n2A  Authority\n\n  This instrument is made under the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n3  Definitions\n\n  In this instrument:\n\napplicant for approval of a child care service means a person who has applied, under section 194 of the Family Assistance Administration Act, to have the  service approved for the purposes of the family assistance law.\n\ncarer means a person employed, contracted, or otherwise engaged by a family day care service or an in-home care service to provide child care on behalf of the service.\n\nCRN of a person means the active customer reference number of the person issued by the Department of Human Services.\n\nFDC carer means a carer of an approved family day care service.\n\nInclusion Support Programme means the program referred to in item 109 of Part 4 of Schedule 1AB to the Financial Framework (Supplementary Powers) Regulations 1997.\n\nkey personnel: a person is key personnel of an applicant for approval of a child care service or an operator of an approved child care service if the person is:\n\n (a) an officer (within the meaning given by section 9 of the Corporations Act 2001) of the applicant or operator; or\n\n (b) a member of the group of people that is responsible for the executive decisions of the applicant or operator; or\n\n (c) a person who is concerned with, or takes part in, the management of the applicant or the operator; or\n\n (d) a person who, under an arrangement with the applicant or operator, manages or supervises the child care service.\n\nregistered software means software registered by the Secretary under subsection 4(3) of the Family Assistance Administration Act.\n\n5  Review of decisions\n\n  For subsection 108(2A) of the Family Assistance Administration Act, paragraph 108(2)(h) of that Act does not apply to a decision of an officer under this instrument, other than decision under subsection 12(3), section 21 or section 21A.\n\nNote: This means that a decision of an officer under this instrument, other than decision under subsection 12(3), section 21 or section 21A, is reviewable on application under section 109A of the Family Assistance Administration Act.\n\nPart 2—Eligibility for approval as a child care service\n\n6  Purpose of this Part\n\n  This Part sets out rules relating to the eligibility of child care services to become approved for the purposes of the family assistance law.\n\nNote: The Secretary can only approve a child care service if the Secretary is satisfied that the service satisfies the eligibility rules set out in this Part: see paragraph 195(1)(c) of the Family Assistance Administration Act.\n\n7  Applicant to be a suitable person\n\n (1) The applicant for approval of a child care service must be a suitable person to operate the service.\n\n (2) In making an assessment for subsection (1), the Secretary may consider the following matters:\n\n       Matters relevant to management of child care services\n\n (a) the applicant’s expertise and experience in providing child care;\n\n (b) the applicant’s ability to meet and provide the appropriate quality of child care;\n\n (c) the applicant’s governance arrangements, including:\n\n (i) any arrangements with other persons for the management or supervision of the child care service; and\n\n (ii) any arrangements to ensure compliance by the applicant, or any person the applicant is, or will be, responsible for managing, with the laws and standards mentioned in paragraphs (d) through to (f);\n\nMatters relevant to capacity to comply with all laws and standards\n\n (d) the applicant’s understanding of obligations that would apply to it under the family assistance law, and commitment to complying with these obligations;\n\n (e) the applicant’s record of compliance with any laws of the Commonwealth or a State or Territory;\n\n (f) the applicant’s record of compliance with any quality standards relating to child care services;\n\nMatters relevant to management of financial affairs\n\n (g) the applicant’s record of financial management, including:\n\n (i) any instances of bankruptcy, insolvency or external administration involving the applicant; and\n\n (ii) any debts due to the Commonwealth by the applicant (whether or not the debt has been discharged);\n\n (iii) the applicant’s record of administering of Commonwealth, State or Territory funds;\n\nMatters relevant to previous conduct, charges and convictions etc.\n\n (h) any relevant criminal charges against the applicant;\n\n (i) any proceedings currently before a court or tribunal that involve the applicant;\n\n (j) any order for the applicant to pay a pecuniary penalty for the contravention of a civil penalty provision of a law of the Commonwealth or a State or Territory;\n\n (k) any decision under a law of the Commonwealth or a State or Territory relating to child care which adversely affects the applicant;\n\n (l) subject to Part VIIC of the Crimes Act 1914, any conviction or finding of guilt against the applicant for an offence against a law of the Commonwealth or a State or Territory (including an offence against children, or relating to dishonesty or violence);\n\n (m) any act of the applicant involving fraud or dishonesty;\n\nOther matters\n\n (n) any other matter relevant to the suitability of the applicant.\n\n (3) In making the assessment for subsection (1), the Secretary may also consider the matters mentioned in subsection (2) in relation to the following persons:\n\n (a) any of the applicant’s previous, current or proposed key personnel; and\n\n (b) any person connected with the applicant, who affects, or is likely to affect, the operation of the service by the applicant; and\n\n (c) any person connected with  any of the applicant’s previous, current or proposed key personnel, who affects, or is likely to affect, the operation of the service by the applicant.\n\nExample: In assessing whether an applicant is a suitable person to operate a child care service, the Secretary may consider such matters as:\n\n (a) criminal convictions of the applicant’s key personnel;\n\n (b) the record of financial management of the holding company of the applicant, or the bankruptcy of a proposed director of the applicant;\n\n (c) the record of compliance with the family assistance law of a body corporate a director of which is one of the applicant’s key personnel.\n\n (4) For the purposes of subsection (3), person includes a partnership and an unincorporated body.\n\n8  Staff of child care service to be suitable persons\n\n (1) Each member of the staff of a child care service for which an applicant has applied for approval must be a suitable person to provide child care.\n\n (2) The applicant must undertake that the child care service will take reasonable steps to ensure that each member of the staff of the service is a suitable person to provide child care.\n\n (3) For the purposes of subsection (2), the child care service must undertake a check for the following:\n\n (a) any relevant criminal charges against the staff member pending before a court;\n\n (b) any relevant convictions or findings of guilt against the staff member for an offence.\n\n (4) In considering whether a staff member is a suitable person to provide child care, the Secretary may consider any other matters relevant to the staff member in addition to the matters mentioned in subsection (3).\n\n9  Carers of family day care service and in-home care service to be suitable persons\n\n (1) Each carer employed, contracted or otherwise engaged by a child care service for which an applicant has applied for approval must be a suitable person to provide child care.\n\n (2) The applicant must undertake that the child care service will take reasonable steps to ensure that each carer employed, contracted or otherwise engaged by the service is a suitable person to provide child care.\n\n (3) For the purposes of subsection (2), the child care service must undertake a check for the following:\n\n (a) any relevant criminal charges against the carer pending before a court;\n\n (b) any relevant convictions or findings of guilt against the carer for an offence.\n\n (4) In considering whether a carer is a suitable person to provide child care, the Secretary may consider any other matters relevant to the carer in addition to the matters mentioned in subsection (3).\n\n10  Undertakings as to operation of child care services—general\n\n (1) The applicant for approval of a centre-based long day care service must undertake that:\n\n (a) most of the children to be provided with care by the service will:\n\n (i) not have commenced school; and\n\n (ii) attend the service at least one day a week;\n\n (b) the service will operate on all normal working days in at least 48 weeks of the year;\n\n (c) the service will be available to provide care for any particular child for at least 8 continuous hours on each normal working day on which it operates; and\n\n (d) where a child attends a session of care, the service will not prevent the child from attending any part of that session.\n\n (1A) The applicant for approval of a family day care service must undertake that:\n\n (a) most of the children to be provided with care by the service will attend the service at least one day a week; and\n\n (b) the service will operate on all normal working days in at least 48 weeks of the year; and\n\n (c) the service will be available to provide care for any particular child for at least 8 continuous hours on each normal working day on which it operates; and\n\n (d) where a child attends a session of care, the service will not prevent the child from attending any part of that session; and\n\n (f) if a service approval has been granted in relation to the service under the Education and Care Services National Law, the service will comply with any conditions imposed by the Regulatory Authority (within the meaning of that Law) to which the service approval is subject; and\n\nNote: A service approval may be granted subject to conditions imposed by the Regulatory Authority: see paragraph 51(5)(b) of the Education and Care Services National Law.\n\n (g) the service will ensure that:\n\n (i) each of its FDC carers is listed as ‘service personnel’ and is assigned a unique alphanumeric identifier (Service Provider Personnel ID) in its registered software; and\n\n (ii) in each report given by the service in accordance with subsections 219N(1) or 219N(2) of the Family Assistance Administration Act, the service includes the Service Provider Personnel ID for the FDC carer who provided the session or sessions of care that is or are the subject of the report; and\n\n (h) the service will ensure that, for each of its FDC carers that has a CRN, the CRN is entered in its registered software.\n\n (1B) The applicant for approval of an in‑home care service must undertake that:\n\n (a) the service will provide in‑home care only to a child:\n\n (i) to whom a circumstance mentioned in subsection (1C) applies; and\n\n (ii) to whom only an in‑home care service can provide suitable care;\n\n (b) the service will operate on all normal working days in at least 48 weeks of the year;\n\n (c) the service will be available to provide care for any particular child for at least 8 continuous hours on each normal working day on which it operates; and\n\n (d) where a child attends a session of care, the service will not prevent the child from attending any part of that session.\n\n (1C) For subparagraph (1B)(a)(i), the circumstances are the following:\n\n (a) the child, or any other child with whom the child lives, has an illness or disability;\n\n (b) the individual in whose care the child is, or the individual’s partner (if any), has an illness or disability that reduces the individual’s, or the partner’s capacity to care for the child;\n\n (c) the child lives in a rural or remote area;\n\n (d) work hours of the individual in whose care the child is, or the individual’s partner (if any), are (or include) the hours during which no other approved child care service (other than an approved in‑home care service) operates that could otherwise provide care;\n\n (e) the individual in whose care the child is or the individual’s partner (if any) is caring for three or more children (including the child) who have not yet commenced school;\n\n (g) any other circumstances determined by the Secretary in relation to the child.\n\n (2) The applicant for approval of an occasional care service must undertake that:\n\n (a) most of the children to be provided with child care will not have commenced school; and\n\n (b) the service will operate for a maximum of 9 hours per day.\n\n (3) The applicant for approval of an outside school hours care service must undertake that:\n\n (a) most of the children to be provided with care by the service will be attending school;\n\n (b) if the service provides before or after school care— the service will operate on each school day; and\n\n (c) if the service provides vacation care—the service will be available to provide care for any particular child for at least 8 continuous hours on each normal working day for at least 7 weeks of school holidays in a year.\n\n10A  Additional undertakings as to operation of family day care service—monitoring compliance with section 8 of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015\n\n (1A) The applicant for approval of a family day care service must undertake to do the things set out in this section.\n\n (1) Within 7 days of the date on which a child is enrolled by an individual for care by the service, the service will ensure that:\n\n (a) each eligible individual is asked whether the eligible individual or the eligible individual’s partner is an FDC carer; and\n\n (b) each eligible individual is asked to inform the service if, in the future, the eligible individual or the eligible individual’s partner becomes an FDC carer.\n\n (2) If the service becomes aware (because of subsection (1) or for any other reason) that an eligible individual or their partner is an FDC carer, the service will, within 7 days of becoming aware, request the information or documents set out in subsection (4) from the eligible individual, if the eligible individual informs the service that in relation to one or more sessions of care the service has provided, is providing, or will provide, to the FDC child of the eligible individual or the eligible individual’s partner any of the following provisions in the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015 apply:\n\n (a) the FDC child is an eligible disability child;\n\n (b) the FDC child is a remote area child;\n\n (c) paragraph 8(2)(c) of the Child Care Benefit (Children in respect of whom no-one is eligible Determination) 2015 applies to the FDC carer in relation to sessions of care provided to the FDC child;\n\n (d) paragraph 8(2)(d) of the Child Care Benefit (Children in respect of whom no-one is eligible Determination) 2015 applies to the FDC carer in relation to sessions of care provided to the FDC child.\n\n (3) If the service becomes aware (because of subsection (1) or for any other reason) that an eligible individual or their partner is an FDC carer and the service is aware that, in relation to one or more sessions of care the service has provided, is providing, or will provide, to the FDC child of the eligible individual or the eligible individual’s partner, the child is an eligible ISP child, the service will:\n\n (a) request from the eligible individual the information or documents set out in paragraphs (4)(a) to (g) and record the information or documents in the register mentioned in subsection (6); and\n\n (b) record, in the register mentioned in subsection (6), documentary evidence that the child is an eligible ISP child.\n\nNote: The documentary evidence mentioned in paragraph (b) could be a copy of information that the service has received regarding funding under the Inclusion Support Programme in relation to the child.\n\n (4) The information or documents are:\n\n (a) the name of the eligible individual and the eligible individual’s partner (if any); and\n\n (b) the name of the FDC carer; and\n\n (c) the CRN (if any) of the FDC carer; and\n\n (d) the CRN (if any) of the eligible individual, if the eligible individual is not the FDC carer; and\n\n (e) the CRN of the FDC child of the eligible individual, or of the eligible individual’s partner; and\n\n (f) the name of the approved family day care service where the FDC carer works (regardless of whether this is the service or another approved service); and\n\n (g) the days and times of sessions of care that the FDC carer ordinarily provides at the approved family day care service where the FDC carer works (regardless of whether this is the service or another approved service); and\n\n (h) where relevant, documentary evidence that the FDC child is an eligible disability child; and\n\n (i) where relevant, documentary evidence that the FDC child is a remote area child; and\n\n (j) where relevant, documentary evidence that:  \n\n (i) paragraph 8(2)(c) of the Child Care Benefit (Children in respect of whom no-one is eligible Determination) 2015 applies; or\n\n (ii) paragraph 8(2)(d) of the Child Care Benefit (Children in respect of whom no-one is eligible Determination) 2015 applies.\n\nNote: For the definition of documentary evidence for the purposes of this paragraph, see section 8 of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination) 2015. For example, documentary evidence for the purposes of subparagraph (i) could include a copy of an enrolment form detailing the times that the eligible individual is usually required to study. Where the form does not provide such details, it must be supplemented with additional documentary evidence, such as an official course timetable. Documentary evidence for the purposes of subparagraph (ii) could include an employment contract or a payslip, showing usual hours of work—but where the contract or payslip does not show usual hours of work, a letter signed by the relevant employer is required stating usual hours of work.\n\n (5) If the service requests that an eligible individual provide information or documents to the service under subsection (2) or paragraph (3)(a), the service will also request:\n\n (a) that the individual inform the service of any change in circumstances which would result in the individual providing information or documents different from those provided under subsection (2) or paragraph (3)(a); and\n\n (b) within 7 days of the change in circumstances, that the individual provide to the service the different information or documents.\n\n (6) The service will record any information provided in response to a request mentioned in subsection (2), paragraph (3)(a) or subsection (5) in a register in the form approved by the Secretary, and also record in the register the following information in relation to each entry:\n\n (a) the day on which the service enters the information in the register; and\n\n (b) the day on which the service is given or sees documentary evidence provided under subsections (2) or (5).\n\n (7) The service will, within 7 days of being notified that funding under the Inclusion Support Programme is no longer being paid in relation to a child to whom subsection (3) applies, or applied, record that fact and any other relevant information in the register mentioned in subsection (6).\n\n (8) The service will keep:\n\n (a) any documents provided in response to a request mentioned in subsections (2) or (5); and\n\n (b) if applicable:\n\n (i) a copy of the documentary evidence mentioned in paragraph (3)(b); and\n\n (ii) any notification of the kind mentioned in subsection (7).\n\n (9) The service will request that an individual who provides information or documents to it under this section will authorise the service, in writing, to disclose the information and documents to the Secretary.\n\n (10) In this section:\n\neligible disability child has the same meaning as in the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015.\n\neligible ISP child has the same meaning as in the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015.\n\neligible individual means an individual whom the Secretary has determined to be conditionally eligible for child care benefit by fee reduction in respect of a child, under section 50F of the Family Assistance Administration Act.\n\nFDC child means a child who is:\n\n (a) enrolled for care by an approved family day care service; and\n\n (b) the FTB child or regular care child of an FDC carer or the partner of an FDC carer.\n\nremote area child has the same meaning as in the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015.\n\n10AB  Additional undertakings as to operation of family day care service—monitoring compliance with section 9 of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015\n\n (1A) The applicant for approval of a family day care service must undertake to do the things set out in this section.\n\n (1) Where care is provided to a child to whom subsection 9(2) of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015 applies, the service will keep a register, in the form approved by the Secretary, of the information or documents listed in subsection (2).\n\n (2) The information or documents are:\n\n (a) all documentary evidence required to be provided to, or held by, the service in relation to the child under section 9 of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015; and\n\nNote:  For the definition of documentary evidence for the purposes of this paragraph see sections 4 and 9 of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015.\n\n (b)  the name of the child; and\n\n (c) the CRN of the child; and\n\n (d) except where the service is eligible under section 47 of the Family Assistance Act:\n\n (i) the name of each individual for whom the child is an FTB child or regular care child; and\n\n (ii) the CRN (if any) of each individual for whom the child is an FTB child or regular care child; and\n\n (e) which of the exemptions are considered to apply; and\n\nNote: The exemptions which may apply are those that are referred to in subsections 9(2) and (3) of the Child Care Benefit (Children in respect of whom no-one is eligible) Determination 2015. These are: the child is an eligible disability child or an eligible ISP child; the child lives in an area designated remote or very remote; or an individual is required to work during the time the session of care is provided.\n\n (f) the day that the documentary evidence was provided or became held; and\n\n (g)  the day on which the service enters the information in the register.\n\n (3) The service will, within 7 days of being notified that funding under the Inclusion Support Programme is no longer being paid in relation to a child to whom subsection (1) applies, or applied, record that fact and any other relevant information in the register mentioned in subsection (1).\n\n11  Compliance with child care laws\n\n  The operation of the service, the provision of care by the service, the construction of the premises of the service and the equipment at the premises of the service must comply with all applicable legal requirements imposed by a law of the Commonwealth or a law of the State or Territory in which the service operates.\n\nNote   \n\nThe law of the State or Territory includes:\n\n  (a) a licensing law applying in the State or Territory;\n\n (b) the Education and Care Services National Law applying as a law of the State or Territory;\n\n- (c) a law of the State or Territory that applies the Education and Care Services National Law as the law of that State or Territory or that substantially corresponds to the provisions of the Education and Care Services National Law.\n\nThe Education and Care Services National Law regulates the operation of education and care services, which include child care services of the following kinds: centre based long day care services, family day care services and outside school hours care services.\n\n \n\n12  Child care service to be insured\n\n (1) The applicant for approval of a child care service must ensure that the child care service is covered by:\n\n (a)   workers compensation insurance as required by law; and\n\n (b)   public liability insurance.\n\n (2) However, if the service does not exist when the application is made, insurance is not required until the service is established.\n\n (3) The applicant must give the Secretary, on request, a copy of any insurance policy required under subsection (1) and a certificate of currency for the policy.\n\n13 Certain child care services to give priority of access to certain children\n\n (1) An applicant applying for approval of a centre-based long day care service, an in-home care service, a family day care service or an outside school hours care service must undertake that the service will provide child care places for children in accordance with the following provisions of this section.\n\n (2) A child care service funded by an employer in order to provide child care solely or primarily for the children of the employer’s employees may give priority to those children.\n\n (3) A child care service that has entered into an agreement with an employer that, in exchange for payment made by the employer to the service, the service will provide access to a certain number of child care places for the children of the employer’s employees, may give priority to those children to the extent of the agreed number of places.\n\n (4) Subject to subsections (2) and (3), when an outside school hours care service fills vacant places, it must give school children priority over children who have not yet commenced school.\n\n (5) Subject to subsections (2) and (3), where an outside school hours care service has no vacant places and is providing child care for a child who has not yet commenced school, the service may require that child to leave the child care service in order for the service to provide a place for a school child, but only if:\n\n (a) the person who is liable to pay child care fees in respect of the child was notified when the child first occupied the child care place that the service followed this policy; and\n\n (b) the service gives that person at least 14 days’ notice of the requirement for the child to leave the child care service.\n\n (6) Subject to the preceding provisions of this section, when a child care service fills vacant places it must follow the priority of access guidelines in Schedule 1 to this instrument.\n\n (7) Subject to the preceding provisions of this section, where the service has no vacant places and is providing child care for a child who is a third priority under item 2 of Schedule 1 to this instrument, the service may require that child to leave the child care service in order for the service to provide a place for a higher priority child, but only if:\n\n (a) the person who is liable to pay child care fees in respect of the child was notified when the child first occupied the child care place that the service followed this policy; and\n\n (b) the service gives that person at least 14 days’ notice of the requirement for the child to leave the child care service.\n\n14C  Child care service to have capacity to use electronic interface\n\n (1) An applicant for approval of a child care service must undertake that the service will be equipped to use the electronic interface, including by having registered software, for the purpose of compliance with the condition imposed on an approved child care service by subsection 196(2) of the Family Assistance Administration Act.\n\n (2) The applicant must undertake that the service will have the operational capacity to use the electronic interface for the purpose of compliance with the condition imposed on an approved child care service by subsection 196(2) of the Family Assistance Administration Act.\n\n (3) In this section, electronic interface means electronic equipment, the use of which is approved by the Secretary or another officer, under a provision of the family assistance law to which subsection 4(1) of the Family Assistance Administration Act relates, as the form, manner or way of:\n\n (a) making an application or claim that the service is required or permitted to make under a provision of the family assistance law; or\n\n (b) withdrawing an application or claim that the service is required or permitted to withdraw under a provision of that law; or\n\n (c) doing any other thing that the service is required or permitted to do under a provision of that law; or\n\n (d) giving notices by the Secretary under a provision of that law.\n\nPart 3—Eligibility for continued approval as a child care service\n\n15  Purpose of this Part\n\n  This Part sets out rules relating to the eligibility of child care services to continue to be approved for the purposes of the family assistance law.\n\nNote: Obligations imposed on an approved child care service under this Part are taken to be imposed on the operator of the service: see section 195A of the Family Assistance Administration Act.\n\n16  Approved child care service to continue to comply with suitability requirements etc.\n\n (1) The operator of an approved child care service must be a suitable person to operate the service.\n\n (2) In making an assessment for subsection (1), the Secretary may consider the matters mentioned in subsections 7(2) and (3) in relation to the operator.\n\n (3) Each staff member of an approved child care service must at all times be a suitable person to provide child care.\n\n (4) Each carer employed, contracted or otherwise engaged by an approved child care service must at all times be a suitable person to provide child care.\n\n (5) When a service employs a new member of staff, or employs, contracts or otherwise engages a new carer, the service must undertake the same checks in relation to that person as it was required to undertake under section 8 or 9 in relation to staff and carers before the service was approved.\n\n (7) The approved child care service must continue to comply with section 12.\n\n16A  Approved child care service to comply with undertakings\n\n (1) An approved child care service must comply with all undertakings given by the applicant for approval of the service under subsections 8(2), 9(2) and 13(1), and section 14C.\n\n (2) An approved child care service must:\n\n (a) if it is a centre based long day care service—comply with all undertakings given by the applicant for approval of the service under subsection 10(1); and\n\n (b) if it is a family day care service—comply with all undertakings in subsection 10(1A), section 10A and section 10AB (whether or not the applicant for approval of the service gave the undertakings); and\n\n (c) if it is an occasional care service—comply with all undertakings given by the applicant for approval of the service under subsection 10(2); and\n\n (d) if it is an outside school hours care service—comply with all undertakings given by the applicant for approval of the service under subsection 10(3).\n\n16B  Approved in-home care service to comply with undertakings\n\n  An approved in-home care service must comply with an undertaking given under subsection 10(1B).\n\n18  Approved child care service to continue to be operated by applicant for approval\n\n  An approved child care service must continue to be operated by the applicant who made the application for approval of the service under section 194 of the Family Assistance Administration Act.\n\n19  Approved child care service to notify the Secretary of certain events\n\n (1) An approved child care service must give the Secretary written notice of the following at least 30 days before it occurs:\n\n (a) a contract for the sale of premises where the child care service is conducted is entered into;\n\n (b) the lease of the premises where the child care service is conducted is terminated;\n\n (c) the service changes its address.\n\n (2) An approved child care service must give the Secretary written notice within 14 days of any change to the details contained in the application for approval of the service made under section 194 of the Family Assistance Administration Act (other than the address of the service).\n\n (3) If an approved child care service becomes aware of something in relation to the persons listed in subsection (5) that affects or is likely to affect the suitability of the person to provide child care, the service must give the Secretary written notice within 7 days of becoming aware, setting out:\n\n (a) the matter; and\n\n (b) the action that the service has taken or intends to take to deal with the situation.\n\n (4) Without limiting subsection (3) above, the matters that must be notified include:\n\n (a) any criminal charge, conviction or finding of guilt against the person for an offence against a law of the Commonwealth or a State or Territory which relates to an indictable offence punishable by imprisonment of 2 years or more, or an offence for which a penalty equivalent to 40 penalty units or more could be imposed;\n\n (b) any instances of bankruptcy involving the person;\n\n (c) any refusal (which includes the cancellation) of, or conditions imposed in relation to, a working with children check (where required under the law of the State or Territory in which the service is situated) which relates to the person’s ability to work with children.\n\n (5) For the purposes of subsections (3) and (4), the service must provide a written notice in respect of any of the following persons:\n\n (a) a member of the service’s staff;\n\n (b) key personnel of the service;\n\n (c) a carer employed, contracted or otherwise engaged by the service.\n\n20  Approved child care service to permit inspection\n\n  An approved child care service must, at any time during the service’s hours of operation:\n\n (a) allow an officer of the agency to enter the premises of the service to ensure that the service is being operated in accordance with the family assistance law and this determination; and\n\n (b) give the officer all reasonable assistance.\n\nNote: Agency means the Department or the Human Services Department: see subsection 3(1) of the Family Assistance Administration Act.\n\n21  Approved child care service to provide certain information\n\n (1) The Secretary may request an approved child care service to give information:\n\n (a) for a census or survey of child care services; or\n\n (b) regarding the operation of child care services.\n\n (2) Without limiting paragraph (1)(b), the information that the Secretary may request includes:\n\n (a) personal details of each FDC carer of the service and the address and telephone number of the premises where child care is provided by that carer; and\n\n (b) the number of child care places provided by, or likely to be available at, the service during a specified period or periods.\n\n (3) The Secretary may request information to be given on an ongoing basis.\n\n (4) The requested information must be:\n\n (a) accurate; and\n\n (b) given to the Secretary, or to a person specified by the Secretary:\n\n (i) at the time, or within the period or periods, specified in the request; and\n\n (ii) in the form, manner or way specified in the request.\n\n (5) If the Secretary’s request requires that information given be kept up to date, any updated information must be given within 14 days after a change affecting the information occurs.\n\n (6) The Secretary may terminate a request for information at any time.\n\n21A  Approval of form and manner of giving information\n\n  The Secretary may approve a form, manner or way of requesting or giving information under section 21.\n\nNote: For the power of the Secretary to approve the form, manner or way of doing anything that is required or permitted to be done under the family assistance law, see section 4 of the Family Assistance Administration Act. Under that section, the Secretary may approve the use of a telecommunication system or other electronic equipment.\n\n22  Approved child care service to protect personal information\n\n (1) An approved child care service (including its officers, employees, agents and contractors engaged in the conduct of the service) must not disclose to any person, other than an agency, personal information about clients.\n\n (2) Subsection (1) does not apply if the information is legally required to be disclosed.\n\n (3) The service must ensure that personal information about clients is securely stored and that staff respect the privacy of individuals using the service by not discussing their personal details other than as needed for the administration of the service.\n\n (4) The service must comply with the Australian Privacy Principles under the Privacy Act 1988.\n\n (5) The service must not provide a client with any information that may identify a child as being at risk of serious abuse or neglect.\n\n (6) In this section:\n\nclient means any person who is or has been liable to pay child care fees, and any member of the family of such a person.\n\npersonal information has the same meaning as in the Privacy Act 1988.\n\nNote: Agency means the Department or the Human Services Department: see subsection 3(1) of the Family Assistance Administration Act.\n\n24  Approved family day care services and approved in-home care services to have in-home care agreements\n\n (1) An approved family day care service that provides in-home care for a child and an in‑home care service that provides care for a child must enter into a written agreement with the in-home carer for the child and the person who is, or the persons who are, liable to pay child care fees in respect of the child.\n\n (2) The agreement must set out terms and conditions for the provision of in-home care, and must include the following:\n\n (a) details of the care to be provided to the child, including any particular requirements of children with disabilities, and provision for emergencies;\n\n (b) the names of the child and the period for which the care will be provided;\n\n (c) arrangements for insurance;\n\n (d) confirmation that the carer is not required to carry out any duties other than child care;\n\n (e) details of any training and support that the service will provide to the carer;\n\n (f) any safety requirements to be met by the premises where the care is to be provided;\n\n (g) details of the fees to be charged for the care;\n\n (h) details of alternative arrangements if the usual carer is unavailable for any reason.\n\n25  Approved child care service to only provide 24 hour care where 24 hour limit applies\n\n (1) An approved child care service must not provide 24 hour care to a child unless the period of 24 hour care has been approved.\n\n (2) Where the period of 24 hour care was not approved at the time the care was provided, but:\n\n (a) is subsequently approved; and\n\n (b) the approval is given before the service’s next report is due;\n\nfor the purposes of subsection (1) the approval is taken to have been given before the care was provided.\n\n (3) For the purposes of this section, a period of 24 hour care is approved if:\n\n (a) the child care service has given a certificate in respect of the period under subsection 56(3) or (4) of the Family Assistance Act; or\n\n (b) the Secretary has made a decision in respect of the period under subsection 56(6) or (8) of that Act.\n\n (4) In paragraph (2)(b), a service’s next report means the first report of the service under section 219N of the Family Assistance Administration Act following the provision of the 24 hour care.\n\n26  Approved child care service with allocated places not to change location without approval\n\n (1) Where an approved child care service has been allocated child care places under section 207 of the Family Assistance Administration Act, the service must not change its location unless the Secretary has approved the new location.\n\n (2) In considering whether to approve a service’s proposed new location for the purposes of subsection (1), the Secretary must take into account any determination made under subsection 6(1) of the Child Care Benefit (Allocation of Child Care Places) Guidelines 2017.\n\n27  Standard hours family day care and standard hours in-home care\n\n (1) This section sets out standard hours family day care, standard hours in-home care, non-standard hours family day care, and non-standard hours in-home care for the purposes of the definitions of those terms in section 3 of the Family Assistance Act.\n\n (2) An approved family day care service or an approved in‑home care service must, in accordance with subsection (3), identify its standard hours in its publications, and in information given to people using the service, as being its standard hours of care.\n\n (3) A service may only identify hours of care provided by the service as standard hours if they are:\n\n (a) subject to subsection (4), hours between 7am and 6.30pm; and\n\n (b) 10 continuous hours each day, on Monday to Friday (inclusive); and\n\n (c) hours during which the service normally provides care for the greatest number of children.\n\n (4) A service’s standard hours of care may be at times other than those specified in paragraph (3)(a) if the Secretary approves the provision of standard hours of care at other specified times.\n\n (5) For the avoidance of doubt, an approved family day care service’s standard hours of care, or an approved in-home care service’s standard hours of care, apply for all purposes and in respect of all children in that service’s care.\n\n (6) Non-standard hours of family day care or in-home care may be any hours that are not standard hours in accordance with the previous provisions of this section.\n\nPart 4—Savings and transitional provisions\n\n28  Definition\n\n  In this Part:\n\n  old instrument means the Child Care Benefit (Eligibility of Child Care Services for Approval and Continued Approval) Determination 2000.\n\nNote: The old instrument is repealed on 1 October 2017 under Part 4 of Chapter 3 of the Legislation Act 2003 (Sunsetting of legislative instruments).\n\n29  Applications for approval on foot at commencement\n\n  Notwithstanding the repeal of the old instrument, Part 2 of the old instrument continues to apply for the purposes of considering an application for approval of a child care service for the purposes of the family assistance law under section 194 of the Family Assistance Administration Act that was made before the repeal of the old instrument.\n\n30  Remaking of existing Secretary’s determinations, approvals etc.\n\n  For the purposes of this instrument, the Secretary is taken to have done the following immediately after the commencement of this instrument:\n\n (a) made a determination under paragraph 10(1C)(g) of this instrument in the same terms as a determination under paragraph 10(1C)(g) of the old instrument that was in force immediately before the repeal of the old instrument;\n\n (b) approved a form of register under subsection 10A(6) of this instrument in the form of the register approved by the Secretary under subsection 10A(6) of the old instrument in force immediately before the repeal of the old instrument;\n\n (c) approved a form of register under subsection 10AB(1) of this instrument in the form of the register approved by the Secretary under subsection 10AB(1) of the old instrument in force immediately before the repeal of the old instrument;\n\n (d) made a request for information under subsection 21(1) of this instrument on the same terms as a request for information made under subsection 21(1) of the old instrument in force immediately before the repeal of the old instrument;\n\n (e) approved standard hours family day care for an approved family day care service under subsection 27(4) of this instrument in the same terms as an approval of those hours for the service under subsection 27(4) of the old instrument in force immediately before the repeal of the old instrument;\n\n (f) approved standard hours in-home care for an approved in-home care service under subsection 27(4) of this instrument in the same terms as an approval of those hours for the service under subsection 27(4) of the old instrument in force immediately before the repeal of the old instrument.\n\n\n\n\nSchedule 1—Priority of access guidelines\n\nNote: See subsection 13(6).\n\n1  Definitions\n\n  In this Schedule:\n\nfamily of a child means the child, the individual in whose care the child is, that individual’s partner (if any), and any other individual with whom the child lives.\n\nparents of a child means the individual in whose care a child is, and that individual’s partner.\n\nsingle parent means an individual in whose care a child is who has no partner.\n\n2  Priorities for filling vacant child care places\n\n  For subsection 13(6), the priorities for filling vacant child care places are as follows:\n\n (a) first priority—a child at risk of serious abuse or neglect;\n\n (b) second priority—a child of a single parent who satisfies, or of parents who both satisfy, the work/training/study test under section 14 of the Family Assistance Act;\n\n (c) third priority—any other child.\n\n3  Priorities within each category of priority\n\n  Within each priority mentioned in item 2, the following children are to be given priority for filling vacant child care places:\n\n (a) children in Aboriginal and Torres Strait Islander families;\n\n (b) children in families which include a disabled person;\n\n (c) children in families which include an individual whose taxable income % under clause 7 of Schedule 2 to the Family Assistance Act is 100%;\n\n (d) children in families with a non-English speaking background;\n\n (e) children in socially isolated families;\n\n (f) children of single parents.\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"This instrument replaces the earlier 2000 instrument and retains core eligibility and priority rules while adding and updating operational requirements. Notable scope additions include mandatory capacity to use an approved electronic interface and registered software (section 14C), expanded recordkeeping and monitoring duties for family day care services (sections 10A and 10AB), and explicit Secretary powers to approve forms, registers and the manner of giving information (sections 21A, 10A(6), 10AB(1)). Transitional provisions carry over existing Secretary determinations and registered forms where relevant (Part 4, sections 29–30), so the instrument both preserves earlier approvals and extends administrative and compliance requirements tied to electronic reporting and documentary evidence."},"complexity_factors":["Numerous cross‑references to other legislation and instruments (Family Assistance Administration Act, Family Assistance Act, Child Care Benefit Determinations and the Education and Care Services National Law) which require parallel reading (see sections 2A, 6, 11, notes to sections).","Wide discretionary assessment powers vested in the Secretary on applicant and operator suitability (section 7) and on approvals of forms, registers and electronic interfaces (sections 10A(6), 10AB(1), 21A, 14C).","Multiple service types (centre‑based, family day care, in‑home, outside school hours, occasional) with different bespoke undertakings and recordkeeping obligations (sections 10, 10A, 10AB, 16A, 16B).","Detailed documentary and register requirements for family day care/in‑home care tied to eligibility exemptions and Inclusion Support Programme status, including specified timeframes for requests and updates (sections 10A, 10AB).","Operational constraints and conditional permissions (e.g. 24‑hour care approval, location change where places allocated) requiring procedural approvals and reporting (sections 25–26, 56 cross‑reference).","Ongoing reporting powers and inspection powers with specified form, manner and timelines (sections 21–21A, 20), increasing procedural complexity for compliance.","Transitional provisions that remake prior determinations and maintain continuity for applications on foot, requiring attention to historical approvals and transformed administrative records (Part 4, sections 29–30)."],"plain_english_summary":"## What this instrument does, who it affects, and how it works\n\nThis instrument sets the rules a child care service must meet to be approved, and to keep that approval, for the purposes of family assistance payments. It applies to a range of service types (centre-based long day care, family day care, in‑home care, outside school hours care and occasional care) and to the people who run, staff and use those services.\n\n- Approval and ongoing eligibility: The Secretary can only approve a service if the service and the applicant meet suitability and operational rules (Part 2 and Part 3). The Secretary assesses the applicant’s fitness to run a service using a list of factors including management, compliance history, financial standing, criminal matters and governance (section 7). Approved services must continue to meet those standards (section 16).\n\n- Checks on people involved: The rules require services to take reasonable steps to ensure staff and carers are suitable, including criminal‑record checks and other checks as required (sections 8–9, 16(5)). Services must notify the Secretary of relevant events that may affect suitability (e.g. charges, convictions, bankruptcy, changes in key personnel) within specified timeframes (section 19(3)–(4)).\n\n- Operational undertakings: Applicants must give undertakings about how the service will operate (section 10 and following). Examples include operating at least 48 working weeks per year, offering at least 8 continuous hours of care on operating days, and ensuring most enrolled children fit the service type (e.g. pre‑school for long day care) (section 10(1)–(3)). In‑home care approvals must restrict who can be cared for by reference to listed circumstances (section 10(1B)–(1C)).\n\n- Recordkeeping and registers: Family day care services have specific additional recordkeeping duties to monitor certain eligibility exemptions and Inclusion Support Programme status (sections 10A and 10AB). Those duties include collecting customer reference numbers (CRNs), documentary evidence of eligibility, maintaining a Secretary‑approved register and keeping documents for inspection.\n\n- Electronic interface and reporting: Applicants and approved services must have the capacity to use the approved electronic interface and registered software for reporting and transactions under the family assistance law (section 14C). The Secretary may specify forms, the way information is given, and may request ongoing information and surveys (sections 21–21A).\n\n- Privacy, inspections and insurance: Services must protect client personal information and comply with the Privacy Act (section 22), allow agency officers to inspect premises during operating hours (section 20), and hold required insurance (workers’ compensation and public liability) (section 12).\n\n- Priority of access and employer arrangements: Services must follow the priority-of-access guidelines when filling vacant places (section 13 and Schedule 1). The rules allow certain employer‑funded services to give priority to employer’s children, and allow arrangements where a service agrees to reserve a number of places for an employer’s employees (section 13(2)–(3)). Schedule 1 sets the three priority tiers and priority subgroups to be used in filling vacancies.\n\n- Limits on movement and continuity obligations: Services that have been allocated places under the Family Assistance Act generally must not change location without Secretary approval, and the Secretary must consider place‑allocation determinations when deciding on new locations (section 26). An approved service must continue to be operated by the applicant who applied for approval (section 18).\n\n- Transitional savings: The instrument replaces an earlier 2000 instrument but carries over some existing approvals, registers and determinations and continues to apply the old Part 2 for applications already in progress at commencement (Part 4, sections 29–30).\n\nWhy the instrument matters (mechanics, incentives, costs and trade‑offs)\n\n- Who pays: The immediate administrative costs fall on applicants and operators. They must perform criminal‑record checks, maintain approved registers, store documentary evidence, hold insurance, support electronic reporting (sections 8–9, 10A–10AB, 12, 14C, 21). Those are compliance costs that an operator must meet to obtain or keep approval.\n\n- Who decides: The Secretary has broad discretion to assess suitability (section 7), to approve forms and registers (section 10A(6), 10AB(1), 21A), to approve relocation where places are allocated (section 26) and to determine other matters under the family assistance law (section 2A reference). That creates a central administrative decision point for approvals and continued approval.\n\n- Behaviour changes and private‑sector effects: Operators may need to alter practices to meet undertakings (e.g. standard operating weeks/hours, 8‑hour minimum session availability, register maintenance) and to adopt registered software/electronic interfaces (sections 10, 14C, 27). These requirements can affect pricing and administrative overheads for independent providers and influence decisions about service hours, staffing and business location (sections 10, 12, 26).\n\n- Compliance burden and implementation risk: The instrument imposes recurring recordkeeping and reporting obligations (sections 10A–10AB, 21). Implementation depends on the Secretary’s specification of electronic systems and registers (sections 14C, 21A) and on services’ capacity to operate them, which creates operational risk and transitional adjustment costs.\n\n- Concentrated benefits and diffuse costs: The rules enable employer‑funded services and negotiated place reservations (section 13(2)–(3)), which confer a clear, concentrated allocation outcome for specified employees; compliance costs are borne more broadly by all applicants/operators due to uniform approval and reporting requirements.\n\n- Trade‑offs: The instrument trades administrative oversight and recordable eligibility checks for centralized control over which services qualify for family assistance‑linked approval. This increases bureaucratic discretion (section 7) and administrative duties for providers (sections 10A–10AB, 14C, 21), in exchange for consistent documentary evidence and the ability for the Secretary to verify eligibility and monitor service operation.\n\nKey cross‑references and where to look in the instrument\n\n- Suitability and assessment criteria: section 7 (applicant); sections 8–9 (staff and carers); section 16 (ongoing suitability).\n- Operational undertakings: section 10 and subsections 10(1)–(3); family day care specifics in 10(1A), 10A and 10AB; in‑home care in 10(1B)–(1C).\n- Electronic and reporting requirements: sections 14C, 21–21A and 27 (standard hours).\n- Priority of access: section 13 and Schedule 1.\n- Notifications, inspections, privacy and insurance: sections 12, 19–20, 22.\n- Transitional matters: Part 4 (sections 28–30)."},"kimi_summary":{"_metrics":{"model":"kimi-k2.5","source":"moonshot-realtime","completionTokens":3050},"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation maintains the scope of the original 2000 Determination it replaces (as confirmed by Part 4 savings provisions), continuing to regulate eligibility for Child Care Benefit approval without significant expansion into new policy areas. The detailed family day care monitoring provisions reflect existing policy concerns rather than scope creep."},"complexity_factors":["Five distinct service types (centre-based, family day care, in-home, occasional, OSHC) each with tailored operational requirements and undertakings","Extensive cross-referencing to the Family Assistance Act, Crimes Act 1914, Privacy Act 1988, and Education and Care Services National Law","Detailed anti-fraud monitoring obligations for family day care requiring specific documentary evidence and register-keeping (sections 10A and 10AB)","Multi-factor suitability assessments examining criminal, financial, governance, and compliance history across operators, key personnel, staff, and carers","Tiered priority of access system with employer-sponsored exceptions and displacement rules allowing services to remove lower-priority children","Multiple conditional triggers for notifications (7-day, 14-day, and 30-day deadlines depending on the change)"],"plain_english_summary":"**What this legislation does**\n\nThese rules set the eligibility criteria for child care services seeking government approval to receive Child Care Benefit (CCB) payments. It acts as a comprehensive \"licence test\" for operators, covering both the application process and ongoing compliance requirements.\n\n**Who it affects**\n\n- **Child care operators**: Anyone running or seeking to run centre-based long day care, family day care, in-home care, occasional care, or outside school hours care (OSHC) services.\n- **Families**: Indirectly, as these rules determine which services can offer subsidised care and who gets priority when places are limited.\n\n**Key requirements for approval**\n\n*Fit and proper person tests:*\n- **Operators** must demonstrate suitable expertise, governance arrangements, and clean records regarding criminal history (excluding spent convictions), bankruptcy, and compliance with child care laws.\n- **Staff and carers** must pass working with children checks and criminal history screening. The rules explicitly check for offences involving children, dishonesty, or violence.\n\n*Operational undertakings (promises the service must keep):*\n- **Centre-based care**: Must operate at least 48 weeks/year, provide 8+ hour days, and primarily care for pre-school children.\n- **Family day care**: Must maintain electronic records of each carer's unique ID, monitor compliance with complex rules preventing carers from claiming benefits for their own children (anti-rorting measures), and operate standard hours (7am–6:30pm unless approved otherwise).\n- **In-home care**: Restricted to specific vulnerable circumstances only—children with disabilities, remote area families, shift workers, or families with three+ pre-school children.\n- **Occasional care**: Limited to maximum 9 hours per day.\n- **OSHC**: Must prioritise school children over pre-schoolers when filling places.\n\n*General requirements:*\n- **Priority of access**: When filling vacancies, services must prioritise: (1) children at risk of abuse/neglect, (2) children of working/studying parents, then (3) others. Within each group, priority goes to Aboriginal and Torres Strait Islander children, children with disabilities, low-income families, and single parents.\n- **Insurance**: Must hold workers compensation and public liability insurance.\n- **Electronic reporting**: Must have capacity to use government-approved software for reporting attendance and payments.\n\n**Ongoing obligations (to keep approval)**\n\n- **Notification**: Tell the government within 7–30 days of changes to premises, operator details, or if staff/carers face serious criminal charges or bankruptcy.\n- **Inspections**: Allow government officers to enter premises during operating hours.\n- **Record keeping**: Maintain registers of carer details, agreements with families (for in-home care), and evidence supporting any exemptions claimed.\n- **Privacy**: Protect client personal information according to the *Privacy Act 1988* and Australian Privacy Principles.\n- **Continuity**: Cannot sell or transfer the service without maintaining the original approval conditions.\n\n**Why it matters**\n\nThese rules ensure taxpayer subsidies only flow to reputable operators who meet strict child safety standards, serve vulnerable children first, and maintain proper financial and operational records. The detailed monitoring requirements for family day care specifically target fraud prevention while ensuring children in high-risk or disadvantaged situations receive priority access to care."}},"importantCases":[],"_links":{"self":"/api/acts/child-care-benefit-eligibility-of-child-care-services-for-approval-and-continued-approval-rules-2017","history":"/api/acts/child-care-benefit-eligibility-of-child-care-services-for-approval-and-continued-approval-rules-2017/history","analysis":"/api/acts/child-care-benefit-eligibility-of-child-care-services-for-approval-and-continued-approval-rules-2017/analysis","conflicts":"/api/acts/child-care-benefit-eligibility-of-child-care-services-for-approval-and-continued-approval-rules-2017/conflicts","importantCases":"/api/acts/child-care-benefit-eligibility-of-child-care-services-for-approval-and-continued-approval-rules-2017/important-cases","documents":"/api/acts/child-care-benefit-eligibility-of-child-care-services-for-approval-and-continued-approval-rules-2017/documents"}}