{"id":"F2018L00832","name":"Child Care Subsidy (Transition of approved child care services) Determination 2018","slug":"child-care-subsidy-transition-of-approved-child-care-services-determination-2018","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":439660,"registerId":"F2018L00832-fast-fetch-1775955601807","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Child Care Subsidy (Transition of approved child care services) Determination 2018","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![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nChild Care Subsidy (Transition of approved child care services) Determination 2018\n\n \n\nI, Dr Michele Bruniges AM, Secretary of the Department of Education and Training, make this instrument under subitem 9(2) of Schedule 4 to the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017.\n\nDated  9 June 2018\n\n \n\n \n\nDr Michele Bruniges AM\n\nSecretary, Department of Education and Training\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name ….\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\nPart 2—Types of approved child care services\n\n5  Deemed approval for existing services on commencement day\n\n \n\nPart 1—Preliminary\n\n \n\n1  Name\n\n  This instrument is the Child Care Subsidy (Transition of approved child care services) Determination 2018.\n\n2  Commencement\n\n  This instrument commences on 2 July 2018.\n\n3  Authority\n\n  This instrument is made under subitem 9(2) of Schedule 4 to the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the A New Tax System (Family Assistance) (Administration) Act 1999.\n\nNote 1 The following expressions are defined in the Act immediately before commencement day:\n\n- approved centre based long day care service\n- approved child care service\n- approved family day care service\n- approved in-home care service\n- approved occasional care service\n- approved outside school hours care service\n\n\nNote 2 The following expressions are defined in the Act on and from commencement day:\n\n- approved child care service\n- approved provider\n\n\nNote 3 commencement day has the same meaning as in Schedule 4 to the Family Assistance  Legislation Amendment (Jobs for Families Child Care Package) Act 2017 (being 2 July 2018).\n\n \n\nPart 2—Types of approved child care services\n\n \n\n5  Deemed approval for existing services on commencement day\n\n (1) Subject to subsection (2), the type of approved child care service specified in column 1 of the table, as it was immediately before commencement day, is to be the type of service specified in column 2 of the table on and from commencement day.\n\n  Table: Classes of approved child care services\n\n- Column 1 Column 2\n- An approved child care service type before commencement day that is an… … is taken to be approved from commencement day as a\n- Approved centre based long day care service Centre-based day care service\n- Approved family day care service Family day care service\n- Approved in-home care service In home care service\n- Approved occasional care service Centre-based day care service\n- Approved outside school hours care service Outside school hours care service\n\n\n (2) An approved child care service is not in a class specified in the table in subsection (1) where the Secretary has made a determination in relation to that particular approved child care service as referred to in subitem 9(3) of Schedule 4 to the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017.\n\nNote 1 Under subitem 9(3) of Schedule 4 to the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017, the Secretary may, through an administrative instrument, determine a service type in relation to a particular approved child care service.\n\n \n\n \n\n \n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The instrument changes the scope of how already‑approved child care services are classified by remapping pre‑commencement service types to the post‑commencement nomenclature (s5(1)). It does not itself create or remove approvals; it preserves Secretary discretion to alter the classification of particular services by administrative determination (s5(2))."},"complexity_factors":["One-to-one reclassification table that mechanically maps old service types to new types (s5(1)) — low structural complexity.","Fixed commencement date that triggers the reclassification (s2).","Dependence on definitions in the principal Act that differ before and after commencement day (Definitions and Notes in s4).","Administrative discretion allowing the Secretary to determine a different service type for a particular approved service (s5(2); note referencing subitem 9(3) of Schedule 4) — creates case-by-case interpretation work for agencies and providers.","Legal effect is narrow (classification only) but may have downstream administrative consequences for subsidy processing and provider compliance.","Sparse text increases reliance on cross-referencing the parent legislation for full effect, raising interpretive risk for borderline cases."],"plain_english_summary":"**Child Care Subsidy (Transition of approved child care services) Determination 2018** takes existing ‘approved’ child care service categories and reconfirms them under the new service‑type names used by the family assistance laws from 2 July 2018. It affects approved providers and their services because the legal label used for administering child‑care subsidy rules changes, and the Secretary can, by separate administrative decision, assign a different classification to a particular service (see s5(2))."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument performs exactly the narrow transitional function described in its enabling provision (subitem 9(2) of Schedule 4 to the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017). It maps old service types to new service types and contains an exception for individually determined services. There is no scope creep or expansion beyond this specific transitional purpose."},"complexity_factors":["Only 1 substantive provision (section 5) with a simple lookup table","4 defined terms in the interpretation section, all referencing external legislation","Single conditional exception in subsection (2) referring to an external administrative power","No nested definitions, no mathematical formulas, no cross-references to other Parts","Total length: approximately 1.5 pages of substantive content"],"plain_english_summary":"This short transitional rule automatically treats child care services approved before 2 July 2018 as approved under the new Child Care Subsidy categories so they kept subsidy access on switch‑over. Most service types stayed the same, except occasional care was reclassified as centre‑based day care. It applies to existing providers unless the Secretary had already made a specific individual decision about a service. This avoided mass lapsing of approvals on transition day."}},"importantCases":[],"_links":{"self":"/api/acts/child-care-subsidy-transition-of-approved-child-care-services-determination-2018","history":"/api/acts/child-care-subsidy-transition-of-approved-child-care-services-determination-2018/history","analysis":"/api/acts/child-care-subsidy-transition-of-approved-child-care-services-determination-2018/analysis","conflicts":"/api/acts/child-care-subsidy-transition-of-approved-child-care-services-determination-2018/conflicts","importantCases":"/api/acts/child-care-subsidy-transition-of-approved-child-care-services-determination-2018/important-cases","documents":"/api/acts/child-care-subsidy-transition-of-approved-child-care-services-determination-2018/documents"}}