{"id":"F2024L00440","name":"Family Assistance (Pacific Australia Labour Mobility Scheme—Child Care Subsidy) Determination 2024","slug":"family-assistance-pacific-australia-labour-mobility-scheme-child-care-subsidy-determination-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":442359,"registerId":"F2024L00440-fast-fetch-1775957379478","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Family Assistance (Pacific Australia Labour Mobility Scheme—Child Care Subsidy) Determination 2024","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nFamily Assistance (Pacific Australia Labour Mobility Scheme—Child Care Subsidy) Determination 2024\n\nI, Jason Clare, Minister for Education, make the following determination.\n\nDated  10 April 2024  \n\nJason Clare\n\nMinister for Education\n\n \n\n \n\n \n\nContents\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\n5  Eligibility for child care subsidy—prescribed classes of persons\n\n \n\n1  Name\n\n  This instrument is the Family Assistance (Pacific Australia Labour Mobility Scheme—Child Care Subsidy) Determination 2024.\n\n2  Commencement\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 The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made.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\n3  Authority\n\n  This instrument is made under subsection 85BB(4) of the A New Tax System (Family Assistance) Act 1999.\n\n4  Definitions\n\n  In this instrument:\n\nAct means the A New Tax System (Family Assistance) Act 1999.\n\nmember of the family unit of a person has the same meaning as in the Migration Act 1958.\n\n5  Eligibility for child care subsidy—prescribed classes of persons\n\n  For the purposes of paragraph 85BB(4)(b) of the Act, the classes of persons determined for the purposes of paragraph 85BB(3)(c) of the Act are:\n\n (a) persons who have been approved by a Department, in the course of administering the Pacific Australia Labour Mobility scheme, to bring members of the family unit of the person to Australia; and\n\n (b) members of the family unit of such persons.\n\n \n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"No indication in the instrument that it alters the primary Act's broader scope. The determination simply prescribes an additional class of persons (PALM-approved workers and their family members) for the existing Child Care Subsidy framework under subsection 85BB(4) of the Family Assistance Act; it does not amend the Act or expand other entitlements beyond that prescription."},"complexity_factors":["Very narrow subject-matter: single purpose determination prescribing eligibility classes for Child Care Subsidy (section 5).","Short instrument with five clauses only (name, commencement, authority, definitions, eligibility).","Relies on cross-references to the A New Tax System (Family Assistance) Act 1999 (subsection 85BB(4) and paragraph 85BB(3)(c)) — implementation depends on that primary Act.","Depends on external definition of 'member of the family unit' from the Migration Act 1958 (section 4), creating interpretive reliance on migration law.","Administrative discretion: eligibility is triggered by approval 'by a Department' in administering the PALM scheme (section 5(a)), creating an implementation dependency on departmental processes.","Low compliance complexity for applicants in substance (eligibility determined by existing PALM approvals) but requires documentary proof of departmental approval for CCS claims."],"plain_english_summary":"This determination adds people approved under the Pacific Australia Labour Mobility (PALM) scheme to bring family members to Australia—and those family members—to the classes of persons eligible for the Child Care Subsidy under the A New Tax System (Family Assistance) Act 1999.\n\nDepartment approval is the administrative trigger for subsidy access; affected persons must obtain that approval for CCS claims, and the determination depends on existing statutory definitions in the Migration Act 1958 and the Family Assistance Act."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: extending childcare subsidy eligibility to PALM scheme workers and their families. The scope matches exactly what the title and authority provision suggest — a targeted determination under section 85BB(4) of the Family Assistance Act."},"complexity_factors":["Extremely short: only 5 sections spanning 2 pages","Only 2 defined terms ('Act' and 'member of the family unit')","Single operative provision (section 5) with straightforward two-part test","No cross-references beyond the enabling Act and Migration Act definition","No exceptions, conditions, or administrative requirements specified in the instrument itself"],"plain_english_summary":"This law lets workers in Australia under the Pacific Australia Labour Mobility (PALM) scheme—and the family members they bring with them—access the Child Care Subsidy despite normal residency rules.  \n\nThat reduces childcare costs, helps workers keep families together while working in sectors like agriculture and aged care, and makes it easier for employers to recruit needed Pacific Islander labour."}},"importantCases":[],"_links":{"self":"/api/acts/family-assistance-pacific-australia-labour-mobility-scheme-child-care-subsidy-determination-2024","history":"/api/acts/family-assistance-pacific-australia-labour-mobility-scheme-child-care-subsidy-determination-2024/history","analysis":"/api/acts/family-assistance-pacific-australia-labour-mobility-scheme-child-care-subsidy-determination-2024/analysis","conflicts":"/api/acts/family-assistance-pacific-australia-labour-mobility-scheme-child-care-subsidy-determination-2024/conflicts","importantCases":"/api/acts/family-assistance-pacific-australia-labour-mobility-scheme-child-care-subsidy-determination-2024/important-cases","documents":"/api/acts/family-assistance-pacific-australia-labour-mobility-scheme-child-care-subsidy-determination-2024/documents"}}