Chapter 2 of the Criminal Code applies to all offences against this Act.
242 Crown not liable to be prosecuted for offences
The Crown is not liable to be prosecuted for an offence against, or arising out of, this Act.
243 Conviction of an offence—repayment of child care payment
(1) This section applies if:
(a) a person is convicted of an offence against section 29A, 29B, 29C or 29D of the Crimes Act 1914; and
(b) the offence relates to a *child care payment.
(2) The court may:
(a) impose a penalty in respect of the offence; and
(b) order the person to pay the Commonwealth an amount equal to any amount paid by way of *child care payment because of the act, failure or omission for which the person is convicted.
Note: The amount referred to in paragraph (b) will be evidenced by a certificate prepared by the Secretary under section 244.
(3) In spite of anything in this Act, or any other law, a person is not to be imprisoned for failing to pay an amount payable to the Commonwealth under paragraph (2)(b).
244 Secretary’s certificate
(1) For the purposes of paragraph 243(2)(b), a certificate signed by the Secretary is evidence of the matters specified in the certificate.
(2) The certificate may specify:
(a) a person; and
(b) an amount that has been paid to the person by way of *child care payment because of:
(i) an act; or
(ii) a failure; or
(iii) an omission; and
(c) the act, failure or omission which caused the amount to be paid to the person.
245 Court certificate
If:
(a) the court makes an order under paragraph 243(2)(b) for the payment to the Commonwealth of an amount of money; and
(b) the clerk or other appropriate officer of the court signs a certificate specifying:
(i) the amount ordered to be paid to the Commonwealth; and
(ii) the person by whom the amount is to be paid; and
(c) the certificate is filed in a court (which may be the court that made the order) that has civil jurisdiction to the extent of the amount to be paid;
the certificate is enforceable in all respects as a final judgment of the court in which the certificate is filed.
246 Proceedings against non-corporations
(1) If, in proceedings for an offence against this Act in respect of conduct engaged in by a person other than a body corporate, it is necessary to establish the state of mind of the person, it is sufficient to show that:
(a) the conduct was engaged in by an employee or agent of the person within the scope of his or her actual or apparent authority; and
(b) the employee or agent had that state of mind.
(2) If:
(a) conduct is engaged in on behalf of a person other than a body corporate by an employee or agent of the person; and
(b) the conduct is within the employee’s or agent’s actual or apparent authority;
the conduct is taken, for the purposes of a prosecution for an offence against this Act, to have been engaged in by the person unless the person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.
(3) Despite any other provision in this Act, if:
(a) a person is convicted of an offence; and
(b) the person would not have been convicted of the offence if subsections (1) and (2) had not been in force;
the person is not liable to be punished by imprisonment for that offence.
(4) A reference in this section to the state of mind of a person includes a reference to:
(a) the knowledge, intention, opinion, belief or purpose of the person; and
(b) the person’s reasons for the intention, opinion, belief or purpose.
(5) A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.
(6) A reference in this section to an offence against this Act includes a reference to an offence created by section 5, 6, 7 or 7A, or subsection 86(1), of the Crimes Act 1914 that relates to this Act.
Note 1: For other provisions about how this Act applies to non-corporations, see section 282 (treatment of unincorporated associations) and section 283 (treatment of partnerships).
Note 2: For proceedings for an offence in respect of conduct engaged in by a body corporate, see Part 2.5 of the Criminal Code.
Chapter 9—General provisions about review of decisions
Part 1—Internal review
Do not delete : Division placeholder
247 Decisions to which Part applies
(1) This Part applies to any decision of an *officer under this Act, other than a decision specified in subsection (2) or (3).
(2) This Part does not apply to a decision under:
(a) section 40, 41, 93 or 94 (form or place of lodgment of claim); or
(b) section 70, 73, 74, 75, 76, 122, 125, 126, 127 or 128 (notices requiring the provision of information etc.); or
(c) subsection 44(1), 45(1), 71(1), 72(1), 97(1), 98(1), 123(1) or 124(1) (tax file number requests); or
(d) section 43, 70, 96 or 122 (immunisation notices); or
(e) Chapter 6 (registration and approval of services); or
(f) section 221, 222, 223 or 225 (requirements to provide information or documents); or
(g) section 250 or 257 (continuing a payment); or
(h) section 266 (settling proceedings); or
(i) Chapter 8 (offences and penalties), Chapter 10 (administration) or Chapter 11 (miscellaneous); or
(j) subpoint D2(7) of Schedule 1 (exemption from the 20 hour limit).
Note: For the review of decisions under Chapter 6 (registration and approval of services) and subpoint D2(7) of Schedule 1 (exemption from the 20 hour limit), see section 219.
(3) This Part does not apply to a decision to make, revoke or vary any instrument that is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 or to make, amend or repeal any regulations.
248 Secretary may review decisions
(1) The Secretary may review a decision to which this Part applies if the Secretary is satisfied that there is sufficient reason to review the decision.
(2) The Secretary may review a decision even if an application has been made to the SSAT or the AAT for review of the decision.
(3) The Secretary may:
(a) affirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.
(4) If:
(a) the Secretary makes a decision under subsection (3); and
(b) when the Secretary makes that decision, a person has applied to the SSAT for review of the decision that was reviewed by the Secretary;
the Secretary must give the *National Convener written notice of the Secretary’s decision under subsection (3).
(5) If:
(a) the Secretary makes a decision under subsection (3); and
(b) when the Secretary makes that decision, a person has applied to the AAT for review of the decision that was reviewed by the Secretary;
the Secretary must give the Registrar of the AAT written notice of the Secretary’s decision under subsection (3).
(6) If:
(a) the Secretary sets a decision aside under subsection (3); and
(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of this Act.
249 Application for review
(1) Subject to subsections (2) and (3), a person affected by a decision to which this Part applies may apply to the Secretary for review of the decision.
(2) If a decision to which this Part applies is made by an *employee of the *Agency in the exercise of a delegated power, a person affected by the decision may apply to the *CEO for review of the decision.
(3) Subsection (1) does not apply to a decision made by:
(a) the Secretary personally; or
(b) the *CEO personally.
(4) If a person applies under subsection (1) for review of a decision, the Secretary or an *authorised review officer may review the decision under section 251.
(5) If a person applies under subsection (2) for review of a decision, the *CEO, or an *authorised review officer, may review the decision under section 251.
(6) If a person applies under subsection (2) for the review of a decision made by an *employee of the *Agency, the reference in subsection (5) to an *authorised review officer is taken to be a reference to an authorised review officer who is another employee of the Agency.
(7) Despite subsections (4) and (5), an *authorised review officer cannot review a decision whether to exercise the Secretary’s power under section 266.
(8) If:
(a) a person who may apply to the Secretary for review of a decision under subsection (1), or to the *CEO for review of the decision under subsection (2), has not so applied; and
(b) the person applies to the SSAT for review of the decision;
the person is taken to apply to the Secretary or CEO for review of the decision under subsection (1) or (2), as the case may be, on the day on which the person applies to the SSAT.
250 Secretary or CEO may continue payment pending outcome of application for review
(1) If:
(a) an adverse decision is made in relation to a *child care payment; and
(b) the adverse decision depends on:
(i) the exercise of a discretion by a person; or
(ii) the holding of an opinion by a person; and
(c) a person applies to the Secretary or the *CEO under subsection 249(1) or (2) for review of the adverse decision;
the person to whom the application is made may, in writing, declare that payment of the child care payment is to continue, pending the determination of the review, as if the adverse decision had not been made.
(2) While a declaration under subsection (1) is in force in relation to the adverse decision, this Act (other than this Chapter) applies as if the adverse decision had not been made.
(3) A declaration under subsection (1) in relation to an adverse decision:
(a) starts to have effect on the day on which the declaration is made or on the earlier day (if any) stated in the declaration; and
(b) stops having effect if:
(i) the application for review of the adverse decision is withdrawn; or
(ii) the review of the adverse decision is determined; or
(iii) the declaration is revoked.
(4) A reference in subsection (1) to a person’s holding of an opinion is a reference to the person’s holding the opinion whether or not this Act expressly requires the opinion to be held before making the decision concerned.
(5) In this section:
adverse decision, in relation to a *child care payment, means:
(a) a decision to cancel or suspend the child care payment; or
(b) a decision to reduce the rate of the child care payment.
251 Powers of Secretary, CEO or authorised review officer if application for review
(1) If an application for review of a decision is made under subsection 249(1) or (2), the Secretary, the *CEO or an *authorised review officer must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set the decision aside and substitute a new decision.
(2) If a person makes a decision under subsection (1), the person must give the applicant written notice of the decision.
(3) If:
(a) a person sets a decision aside under subsection (1); and
(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of this Act.
252 Certain determinations not to be revived
(1) If:
(a) the Secretary makes a determination (the first determination) that:
(i) a person is *entitled to a *child care payment; or
(ii) a child care payment is payable at a particular rate to a person; and
(b) the Secretary makes a determination (the second determination):
(i) to cancel the child care payment; or
(ii) to reduce the rate at which the child care payment is payable; and
(c) notice of the second determination is given to the person; and
(d) the person applies under section 249 for review of the second determination; and
(e) the application is made more than 13 weeks after the notice is given; and
(f) a decision (the review decision) is made by the Secretary, the *CEO, an *authorised review officer, the SSAT or the AAT; and
(g) the review decision, or the effect of the review decision, is:
(i) to set aside the second determination; or
(ii) to affirm a decision setting aside the second determination;
the following provisions have effect:
(h) the second determination does not become void from the time when it was made;
(i) the mere setting aside of the second determination does not of itself revive the first determination.
(2) For the purposes of this section, a person is taken to have applied for review of a determination (the primary determination) if:
(a) the person applies for review of another determination or decision; and
(b) an examination of the primary determination is necessary to resolve the issues raised by the review of the other determination or decision.
253 Notification of further rights of review
(1) If a person gives the applicant notice under subsection 251(2), the notice must include:
(a) a statement to the effect that the applicant may, subject to this Act, apply to the SSAT for review of the person’s decision; and
(b) a statement about the person’s decision that:
(i) sets out the reasons for the decision; and
(ii) sets out the findings by the person on material questions of fact; and
(iii) refers to the evidence or other material on which those findings were based; and
(c) a statement to the effect that, if the person is dissatisfied with the SSAT’s decision, application may, subject to the Administrative Appeals Tribunal Act 1975, be made to the AAT for review of the SSAT’s decision.
(2) A contravention of subsection (1) in relation to a decision does not affect the validity of the decision.
Part 2—Review by Social Security Appeals Tribunal
Do not delete : Division placeholder
254 Decisions to which Part applies
(1) This Part applies to any decision of an *officer under this Act, other than a decision specified in subsection (2) or (3).
(2) This Part does not apply to a decision under:
(a) section 40, 41, 93 or 94 (form or place of lodgment of claim); or
(b) section 70, 73, 74, 75, 76, 122, 125, 126, 127 or 128 (notices requiring the provision of information etc.); or
(c) subsection 44(1), 45(1), 71(1), 72(1), 97(1), 98(1), 123(1) or 124(1) (tax file number requests); or
(d) section 43, 70, 96 or 122 (immunisation notices); or
(e) Chapter 6 (registration and approval of services); or
(f) section 221, 222, 223 or 225 (requirements to provide information or documents); or
(g) section 250 or 257 (continuing a payment); or
(h) section 266 (settling proceedings); or
(i) Chapter 8 (offences and penalties), Chapter 10 (administration) or Chapter 11 (miscellaneous); or
(j) subpoint D2(7) of Schedule 1 (exemption from the 20 hour limit).
Note: For the review of decisions under Chapter 6 (registration and approval of services) and subpoint D2(7) of Schedule 1 (exemption from the 20 hour limit), see section 219.
(3) This Part does not apply to a decision to make, revoke or vary any instrument that is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 or to make, amend or repeal any regulations.
255 SSAT objectives
The SSAT must, in carrying out its functions under this Act, pursue the objective of providing a mechanism of review that is fair, just, economical, informal and quick.
Note: For the establishment and membership of the SSAT, see Division 1 of Part 7.3 of the Social Security Act 1991. For the procedures for review by the SSAT, see Part 6.3 of that Act.
256 Application for review by SSAT
(1) If:
(a) a decision to which this Part applies has been made by the Secretary or the *CEO personally; or
(b) a decision to which this Part applies has been:
(i) reviewed by the Secretary, the CEO or an *authorised review officer under section 251; and
(ii) the decision has been affirmed, varied or set aside;
a person affected by the decision of the Secretary, the CEO or the authorised review officer may apply to the SSAT for review of that decision.
(2) For the purposes of subsection (1), the decision made by the Secretary, the *CEO or the *authorised review officer is taken to be:
(a) if the Secretary, the CEO or the authorised review officer affirms a decision—the decision as affirmed; and
(b) if the Secretary, the CEO or the authorised review officer varies a decision—the decision as varied; and
(c) if the Secretary, the CEO or the authorised review officer sets a decision aside and substitutes a new decision—the new decision.
257 Secretary may continue payment pending outcome of application for review
(1) If:
(a) an adverse decision is made in relation to a *child care payment; and
(b) the adverse decision depends on:
(i) the exercise of a discretion by a person; or
(ii) the holding of an opinion by a person; and
(c) a person applies to the SSAT under subsection 256(1) for review of the adverse decision;
the Secretary may, in writing, declare that payment of the child care payment is to continue, pending the determination of the review, as if the adverse decision had not been made.
(2) While a declaration under subsection (1) is in force in relation to the adverse decision, this Act (other than this Chapter) applies as if the adverse decision had not been made.
(3) A declaration under subsection (1) in relation to an adverse decision:
(a) starts to have effect on the day on which the declaration is made or on the earlier day (if any) stated in the declaration; and
(b) stops having effect if:
(i) the application to the SSAT for review of the adverse decision is withdrawn; or
(ii) the review of the adverse decision is determined by the SSAT; or
(iii) the declaration is revoked by the Secretary.
(4) A reference in subsection (1) to a person’s holding of an opinion is a reference to the person’s holding that opinion whether or not this Act expressly requires the opinion to be held before making the decision concerned.
(5) In this section:
adverse decision, in relation to a *child care payment, means:
(a) a decision to cancel or suspend the child care payment; or
(b) a decision to reduce the rate of the child care payment.
258 SSAT review powers
(1) If a person applies to the SSAT for review of a decision to which this Part applies, the SSAT must:
(a) affirm the decision; or
(b) vary the decision; or
(c) set the decision aside; and
(i) substitute a new decision; or
(ii) send the matter back to the Secretary or the *CEO, as the case requires, for reconsideration in accordance with any directions or recommendations of the SSAT.
(2) If the SSAT sets a decision aside and substitutes for it a decision that a person is *entitled to a *child care payment, the SSAT must:
(a) assess the rate at which child care payment is to be paid to the person; or
(b) ask the Secretary or the *CEO, as the case requires, to assess the rate at which the child care payment is to be paid to the person.
(3) Subject to subsection (4), the SSAT may, for the purpose of reviewing a decision under this Act, exercise all the powers and discretions that are conferred by this Act on the Secretary.
(4) The reference in subsection (3) to powers and discretions conferred by this Act does not include a reference to powers and discretions conferred by:
(a) section 40, 41, 93 or 94 (form or place of lodgment of claim); or
(b) section 70, 73, 74, 75, 76, 122, 125, 126, 127 or 128 (notices requiring the provision of information etc.); or
(c) section 44, 45, 71, 72, 97, 98, 123 or 124 (tax file number requests); or
(d) section 43, 70, 96 or 122 (immunisation notices); or
(e) Part 7 of Chapter 2 or Part 7 of Chapter 3 (manner of payment); or
(f) section 150 (garnishee notice); or
(g) Chapter 6 (registration and approval of services); or
(h) section 221, 222, 223 or 225 (requirements to provide information or documents); or
(i) section 250 or 257 (continuing a payment); or
(j) section 266 (settling proceedings); or
(k) Chapter 8 (offences and penalties), Chapter 10 (administration) or Chapter 11 (miscellaneous).
(5) If:
(a) the SSAT sets a decision aside under subsection (1); and
(b) the Secretary, or the SSAT, is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary or the SSAT (as the case may be) may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of this Act.
259 Date of effect of SSAT decisions
(1) Subject to subsections (2) and (3), a decision by the SSAT comes into operation immediately on the giving of the decision.
(2) The SSAT may provide in a decision that the decision is not to come into operation until a later day stated in the decision and, if it does so, the decision comes into operation on that later day.
(3) Subject to subsections (4) and (5), if the SSAT:
(a) varies the decision under review; or
(b) sets aside the decision under review and substitutes a new decision for the decision under review;
the decision as varied or the new decision (as the case may be) has effect, or is taken to have had effect, on and from the day on which the decision under review has or had effect.
(4) If:
(a) a person is given written notice of a decision to which this Part applies; and
(b) the person applies to the SSAT more than 3 months after the notice was given for review of the decision; and
(c) the SSAT varies the decision or sets the decision aside and substitutes a new decision; and
(d) the effect of the SSAT’s decision is:
(i) to grant the person’s claim for a *child care payment; or
(ii) to direct the making of a payment of a child care payment to the person; or
(iii) to increase the rate of the person’s child care payment;
subsection (3) applies as if references in that subsection to the day on which the decision under review had effect were references to the day on which the application was made to the SSAT for review of the decision under review.
(5) The SSAT may order:
(a) that subsection (3) not apply to a decision to which this Part applies by the SSAT on a review; and
(b) that subsections (1) and (2) apply instead.
260 Application requirements
(1) A person may apply to the SSAT for review of a decision to which this Part applies by:
(a) sending or delivering a written application to:
(i) an office of the SSAT; or
(ii) an office of the Department; or
(iii) if the decision was made by the *CEO or an *employee of the *Agency—an office of the Agency; or
(b) going to an office of the SSAT and making an oral application; or
(c) telephoning an office of the SSAT and making an oral application.
(2) If a person makes an oral application under paragraph (1)(b) or (c), the person receiving the oral application must make a written record of the details of the oral application and note on the record the date on which the application is made.
(3) If a written record of an oral application is made under subsection (2), the written record is taken to be a written application by the applicant and to be delivered to an office of the SSAT on the day on which the oral application is made.
(4) An application may include a statement of the reasons for seeking a review of the decision.
261 Variation of decision before SSAT review completed
(1) If an *officer varies a decision after an application has been made to the SSAT for review of the decision but before determination of the review, the application is to be treated as if it were an application for review of the decision as varied.
(2) If an *officer sets a decision aside and substitutes a new decision after an application has been made to the SSAT for review of the decision set aside but before determination of the review, the application is to be treated as if it were an application for review of the new decision.
(3) If:
(a) a person applies to the SSAT for a review of a decision; and
(b) before determination of the review, an *officer varies the decision or sets the decision aside and substitutes a new decision;
the person may either:
(c) proceed with the application for review of the decision as varied or the new decision; or
(d) withdraw the application under section 1274 of the Social Security Act 1991.
262 Parties to SSAT review
(1) The parties to a review by the SSAT of a decision are:
(a) the applicant; and
(b) the Secretary; and
(c) if the decision was made by the *CEO or an *employee of the *Agency in the exercise of a delegated power—the CEO; and
(d) any other person who has been made a party to the review under subsection (4).
(2) If a person has applied under subsection 256(1) for review of a decision, any other person whose interests are affected by the decision may apply to the *National Convener to be made a party to the review.
(3) An application under subsection (2) must be in writing.
(4) The *National Convener may order that a person who has applied under subsection (2) be made a party to the review.
Note: For the role of *National Convener, see section 1323 of the Social Security Act 1991.
Part 3—Right to review by Administrative Appeals Tribunal
Do not delete : Division placeholder
263 Review of SSAT decision by AAT
(1) If a decision has been reviewed by the SSAT and has been affirmed, varied or set aside, application may be made to the AAT for a review of the decision of the SSAT.
(2) For the purposes of subsection (1), the decision made by the SSAT is taken to be:
(a) if the SSAT affirms a decision—the decision as affirmed; and
(b) if the SSAT varies a decision—the decision as varied; and
(c) if the SSAT sets a decision aside and substitutes a new decision—the new decision; and
(d) if the SSAT sets a decision aside and sends the matter back to the Secretary for reconsideration in accordance with any directions or recommendations of the SSAT—the directions or recommendations of the SSAT.
(3) Subsection (1) has effect subject to section 29 of the Administrative Appeals Tribunal Act 1975.
Note: Section 29 of the Administrative Appeals Tribunal Act 1975 sets out the manner in which an application of the AAT for review of a decision must be made.
(4) If:
(a) the AAT sets a decision aside; and
(b) the Secretary is satisfied that an event that did not occur would have occurred if the decision had not been made;
the Secretary may, if satisfied that it is reasonable to do so, treat the event as having occurred for the purposes of this Act.
264 Variation of decision before AAT review completed
(1) If an *officer varies a decision after an application has been made to the AAT for review of the decision but before the determination of the review, the application is to be treated as if it were an application for review of the decision as varied.
(2) If an *officer sets a decision aside and substitutes a new decision after an application has been made to the AAT for review of the decision set aside but before determination of the review, the application is to be treated as if it were an application for review of the new decision.
(3) If:
(a) a person applies to the AAT for review of a decision; and
(b) before determination of the review, an *officer varies the decision or sets the decision aside and substitutes a new decision;
the person may either:
(c) proceed with the application for review of the decision as varied or the new decision; or
(d) withdraw the application.
265 Review of SSAT decision on application by the Secretary
(1) If a decision has been reviewed by the SSAT and has been varied or set aside, the Administrative Appeals Tribunal Act 1975 applies to a review under section 263 of the SSAT’s decision as if the Secretary were, for the purposes of section 27 of that Act, a person whose interests are affected by the SSAT’s decision.
Note: Section 27 of the Administrative Appeals Tribunal Act 1975 provides that, if an Act provides that an application may be made to the AAT for a review of a decision, the application may be made by or on behalf of any person whose interests are affected by the decision.
(2) If the decision reviewed by the SSAT was made by the *CEO or an *employee of the *Agency, subsection (1) applies as if the reference to the Secretary were a reference to the CEO.
266 Secretary may settle proceedings before the AAT
(1) The Secretary may agree, with other parties to proceedings before the AAT that relate to recovering a debt, to settle the proceedings. The agreement must be in writing.
(2) If the proceedings are settled and the Secretary gives the AAT a copy of the agreement to settle the proceedings, the application for review of the decision that was the subject of the proceedings is taken to have been dismissed.
Part 4—Modification of the Administrative Appeals Tribunal Act 1975
Do not delete : Division placeholder
267 Modification of the Administrative Appeals Tribunal Act
This Part sets out the modifications of the Administrative Appeals Tribunal Act 1975 that need to be made for applications for review under section 263.
268 Statement of reasons for decision
The Administrative Appeals Tribunal Act 1975 applies to an application under section 263 for review of a decision as if references in section 28 of that Act to the person who made the decision were references to the *National Convener.
Note: Section 28 of the Administrative Appeals Tribunal Act 1975 sets out the rights of a person affected by a decision in obtaining reasons for the decision.
269 Notice of application for review
The Administrative Appeals Tribunal Act 1975 applies to an application under section 263 for review of a decision as if the reference in subsection 29(11) of that Act to the person who made the decision were a reference to each party to a review by the SSAT (other than a party making the application under section 263).
Note: Subsection 29(11) of the Administrative Appeals Tribunal Act 1975 requires notice of an application to the AAT for review of a decision to be given to the person who made the decision.
270 Parties to review by the AAT
The Administrative Appeals Tribunal Act 1975 applies to an application for review under section 263 as if the reference in paragraph 30(1)(b) of that Act to the person who made the decision were a reference to each person who was a party to the review by the SSAT.
Note: Paragraph 30(1)(b) of the Administrative Appeals Tribunal Act 1975 provides that the person who made the decision under review is a party to the proceeding before the AAT for review of the decision.
271 Lodging documents with the AAT
(1) The Administrative Appeals Tribunal Act 1975 applies to an application for review under section 263 as if references in section 37 of that Act to the person who made the decision that is the subject of an application for review by the AAT were references to:
(a) if the original decision was made by the *CEO or an *employee of the *Agency—the CEO; or
(b) in any other case—the Secretary.
Note: Subsection 37(1) of the Administrative Appeals Tribunal Act 1975 requires a person who has made a decision that is under review by the AAT to give the AAT copies of:
(a) a statement setting out the findings on material questions of fact, referring to the evidence or other material on which those findings were based and giving the reasons for the decision; and
(b) every other document or part of a document that is in the person’s possession or under the person’s control and is considered by the person to be relevant to the review.
(2) If a person applies to the AAT under section 263 for a review of a decision, the Secretary is taken to have complied with his or her obligations under paragraph 37(1)(a) of the Administrative Appeals Tribunal Act 1975 in relation to the decision if he or she gives the AAT the prescribed number of copies of the statement prepared by the SSAT under paragraph 1281(1)(a) of the Social Security Act 1991.
Note: Paragraph 1281(1)(a) of the Social Security Act 1991 requires the SSAT to give the parties to the SSAT review a written statement setting out the decision of the SSAT on review, the reasons for the decision, findings on any material questions of fact and a reference to the evidence or other material on which the findings were based.
(3) Subsection (2) does not limit the AAT’s powers under section 38 of the Administrative Appeals Tribunal Act 1975.
Note: Section 38 of the Administrative Appeals Tribunal Act 1975 allows the AAT to order the person who lodged a statement under paragraph 37(1)(a) of the Administrative Appeals Tribunal Act 1975, to lodge an additional statement containing further and better particulars.
(4) If:
(a) a person applies to the AAT under section 263 for review of a decision; and
(b) the original decision was made by the *CEO or an *employee of the *Agency;
subsection (2) applies as if references to the Secretary were references to the CEO.
(5) In this section:
original decision means the decision that was reviewed by the SSAT.
272 Power of the AAT to obtain additional statements
The Administrative Appeals Tribunal Act 1975 applies to an application for review under section 263 as if references in section 38 of that Act to the person who lodges a statement referred to in paragraph 37(1)(a) of that Act with the AAT were references to the *National Convener.
273 Operation and implementation of the decision under review
(1) The Administrative Appeals Tribunal Act 1975 applies to an application for review under section 263 as if the references in subsection 41(4) of that Act to the person who made the decision were references to each party to the review by the SSAT.
Note: Section 41 of the Administrative Appeals Tribunal Act 1975 deals with the operation and implementation of a decision under review by the AAT.
(2) The Administrative Appeals Tribunal Act 1975 applies to an application for review under section 263 as if the references in section 41 of that Act to the decision to which the relevant proceeding relates were references to:
(a) if the SSAT affirmed the original decision—the original decision; or
(b) if the SSAT varied the original decision:
(i) the original decision as varied by the SSAT; and
(ii) the original decision; or
(c) if the SSAT set aside the original decision and substituted a new decision:
(i) the new decision; and
(ii) the original decision; or
(d) if the SSAT set aside the original decision and sent the matter back to the Secretary for reconsideration in accordance with any directions or recommendations of the SSAT:
(i) any decision made as a result of that reconsideration; and
(ii) the original decision.
(3) For the purposes of subsection (2), the original decision is the decision that was reviewed by the SSAT.
274 Power of the AAT if party fails to appear
The Administrative Appeals Tribunal Act 1975 applies to a review under section 263 as if the reference in subsection 42A(2) of that Act to the person who made the decision were a reference to the Secretary.
Note: Subsection 42A(2) of the Administrative Appeals Tribunal Act 1975 empowers the AAT to direct that, if a person fails to appear (other than the person who made the decision that is under review), that person is to cease to be a party to the proceedings before the AAT or the application for review is to be dismissed.
Chapter 10—Administration
Part 1—General administration
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275 Secretary to have general administration of Act
The Secretary is, subject to any direction of the Minister, to have the general administration of this Act.
276 Delegation by Secretary
(1) The Secretary may by signed instrument delegate to an *officer all or any of the powers of the Secretary under this Act.
(2) The Secretary may, in accordance with *service arrangements, by signed instrument, delegate to the *CEO or an *employee of the *Agency all or any of the Secretary’s powers under this Act.
277 Authorised review officers
The Secretary may, in writing, authorise an *officer to perform duties as an authorised review officer for the purposes of this Act.
278 Decisions to be in writing
(1) A decision of an *officer under this Act must be in writing.
(2) A decision under this Act is taken to be in writing if it is entered into, or recorded with the use of, a computer.
279 Notice of decisions under this Act
(1) If notice of a decision under this Act is:
(a) delivered to a person personally; or
(b) left at the address of the place of residence or business of the person last known to the Secretary; or
(c) sent by pre-paid post to the postal address of the person last known to the Secretary;
notice of the decision is taken, for the purposes of this Act, to have been given to the person.
(2) Notice of a decision under this Act may be given to a person by properly addressing, prepaying and posting the document as a letter.
(3) If notice of a decision under this Act is given in accordance with subsection (2), notice of the decision is taken to have been given to the person at the time at which the letter would be delivered in the ordinary course of the post unless the contrary is proved.
(4) This section only applies to notices of decisions and nothing in this section affects the operation of sections 28A and 29 of the Acts Interpretation Act 1901 in relation to other notices under this Act (for example, a notice that requires a person to inform the Department about some matter or a notice that requires a person to give the Secretary a statement about some matter).
Part 2—Special provisions about the Agency
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280 References to the Secretary and the Department—requirements etc. by delegate
(1) If the Secretary delegates to the *CEO or an *employee of the *Agency a power under this Act to require or request a person to give the Secretary a document or *information, the delegate may, in exercising the power, require or request the person to give the document or information to the CEO instead of the Secretary.
(2) If the Secretary delegates to the *CEO or an *employee of the *Agency a power under this Act to require or request a person to give or send to, or lodge with, the Department a document or *information, the delegate may, in exercising the power, require or request the person to give or send the document or information to the Agency, or lodge it with the Agency, instead of the Department.
(3) A person who:
(a) gives a document or *information to the *CEO; or
(b) gives or sends a document or information to the *Agency, or lodges it with the Agency;
in compliance with a requirement or a request by a delegate of the Secretary is to be treated for all purposes as if the person had:
(c) given the document or information to the Secretary; or
(d) given or sent the document or information to the Department, or lodged it with the Department;
as the case may be, in compliance with a requirement or request by the Secretary.
(4) A person who:
(a) does not give a document or *information to the *CEO; or
(b) does not give or send a document or information to the *Agency, or lodge it with the Agency;
in compliance with a requirement or request by a delegate of the Secretary is to be treated for all purposes as if the person:
(c) had not given the document or information to the Secretary; or
(d) had not given or sent the document or information to the Department, or lodged it with the Department;
as the case may be, in compliance with a requirement or request by the Secretary.
281 References to the Secretary and the Department—directions by Secretary
(1) If:
(a) the Secretary delegates to the *CEO of the *Agency or an *employee of the Agency all or any of the Secretary’s powers under this Act; and
(b) because of the delegation, a reference to the Secretary, the Department, or an officer of the Department, in another provision of this Act is inappropriate, whether for administrative reasons or any other reason;
the Secretary may, in writing, direct that the provision is to have effect as if:
(c) the reference to the Secretary were a reference to the *CEO of the *Agency; or
(d) the reference to the Department were a reference to the Agency; or
(e) the reference to an officer of the Department were a reference to an employee of the Agency;
as the case requires.
Note: See section 276 for the Secretary’s power to delegate to the *CEO or an *employee of the *Agency.
(2) If the Secretary gives a direction in relation to a provision, the provision has effect in accordance with the direction while the direction is in force.
(3) A direction comes into force on the day it is notified in the Gazette, or on such later days as is specified in it, and remains in force until it is revoked.
(4) A direction is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Chapter 11—Miscellaneous
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282 Treatment of unincorporated associations
This Act applies to an unincorporated association as if the association were a person, but it applies with the following changes:
(a) obligations that would be imposed on the unincorporated association are imposed instead on each member of the committee of management of the association, but may be discharged by any of those members;
(b) an offence against this Act that would be committed by an unincorporated association is taken instead to have been committed by each member of the committee of management of the association who:
(i) aided, abetted, counselled or procured the relevant act or omission; or
(ii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the member).
283 Treatment of partnerships
(1) This Act applies to a partnership as if the partnership were a person, but it applies with the following changes:
(a) obligations that would be imposed on the partnership are imposed instead on each partner, but may be discharged by any of the partners;
(b) any offence against this Act that would be committed by the partnership is taken instead to have been committed by each partner who:
(i) aided, abetted, counselled or procured the relevant act or omission; or
(ii) was in any way knowingly concerned in, or party to, the relevant act or omission (whether directly or indirectly and whether by any act or omission of the partner).
(2) For the purposes of this Act, a change in the composition of a partnership does not affect the continuity of the partnership.
284 Judicial notice to be taken of certain matters
(1) All courts must take judicial notice of a signature that purports to be attached or appended to any official document if the signature is of a person who:
(a) holds or has held the office of Secretary; or
(b) is or was an *officer.
(2) If the signature of a person referred to in subsection (1) purports to be attached or appended to any official document, all courts must take judicial notice of the fact that the person holds, or has held, the office referred to in subsection (1) or is or was an *officer.
285 Evidence
(1) If the signature of any person who:
(a) holds or has held the office of Secretary; or
(b) is or was an *officer;
purports to be attached or appended to any official document, the document must be received in all courts as prima facie evidence of the facts and statements contained in it.
(2) A statement in writing signed by a person referred to in subsection (1) that a person is or was *receiving a *child care payment on a certain date at a certain rate must be received in all courts as prima facie evidence that the person is or was receiving the payment on the date and at the rate stated.
286 Source of payments
(1) Payments of child care assistance and of *emergency child care assistance are to be made out of money appropriated by the Parliament for the purposes of such payments.
(2) Payments of child care rebate are to be made out of the Consolidated Revenue Fund, which is appropriated accordingly.
287 Regulations
The Governor-General may make regulations, not inconsistent with this Act, prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient for carrying out or giving effect to this Act and, in particular, may make regulations prescribing penalties not exceeding 5 penalty units for any breach of the regulations.
Schedule 1—Calculation of rate of child care assistance
Note: See section 53.
Module A—Interpretation
Definitions
A1 In this Schedule:
minimum family payment rate, in relation to a person, has the same meaning as in the Social Security Act 1991.
Note: The relevant definition is in subsection 6(1) of the Social Security Act 1991.
non-school child means a child who is not a school child.
non-standard hours family day care means hours of care provided by a *family day care service at times that are identified in the service’s conditions of approval as being non-standard hours of the service.
part-time family day care means standard hours family day care provided by a *family day care service for a child in a week during which the service provides a total of less than 50 hours of standard hours family day care for the child.
school child has the meaning given by point A2.
standard hours family day care means hours of care provided by a *family day care service at times that are identified in the service’s conditions of approval as being standard hours of care.
week means the first or second week of a *payment period.
Meaning of school child
A2(1) A child is a school child for the purposes of this Schedule if the child is attending primary or secondary school, or is on a break from school (for example, school holidays) and will be attending primary or secondary school after that break.
(2) The Minister may determine in writing that children in a specified class are to be treated as though they were attending primary or secondary school for the purposes of this Schedule. The determination has effect accordingly.
(3) The Minister may determine in writing that children in a specified class are to be treated as though they were not attending primary or secondary school for the purposes of this Schedule. The determination has effect accordingly.
(4) A determination under subpoints (2) and (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Module B—Overall rate calculation process
Method of calculating rate
B1 The rate of child care assistance is a rate per *payment period worked out in accordance with Method statement B1.
Method statement B1
Step 1. Identify the qualifying sessions of care for the person and for each week of the *payment period (see Module C).
Step 2. Identify the eligible hours of care (see Module D) in relation to:
(a) the first week of the payment period; and
(b) the second week of the payment period.
Step 3. Work out the amount calculated in accordance with the formula set out in point B2 in relation to:
(a) each of the eligible hours of care in the first week; and
(b) each of the eligible hours of care in the second week.
Step 4. Add together the total of those amounts for each week.
Step 5. The rate of child care assistance is worked out by adding together the amounts worked out under Step 4 and then rounding the total in accordance with point B3.
The main formula
B2(1) The formula to be applied in relation to an eligible hour of care for the purposes of Step 3 in Method statement B1 is:
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Note: For how this formula applies in cases of hardship, see point B4.
(2) In this formula:
hourly rebateable fee has the meaning given by Module E.
CA% has the meaning given by Module F.
Rounding amounts
B3 Amounts worked out under Step 5 in Method statement B1 are to be rounded to the nearest 10 cents (rounding 5 cents upwards).
Payment of child care assistance at maximum rate to people in hardship
B4(1) The Secretary may, in writing, determine that a person should receive child care assistance at the maximum rate because the person is or was in hardship. The determination:
(a) is to comply with subpoint (3); and
(b) is to be made in accordance with guidelines in force under subpoint (4).
(2) The formula in subpoint B2(1) applies to the person in respect of the period to which a determination under subpoint (1) applies subject to the following modifications:
(a) the hourly rebateable fee, in relation to an eligible hour of care, is the fee charged by the *child care assistance service for the hour of care; and
(b) the CA% is 100%.
(3) A determination under subpoint (1) applies in respect of the period specified in the determination (which may be a period starting before or after the determination is made). Unless there are exceptional circumstances, the period specified must not be such that the total of that period, and the period specified in each other determination (if any) under this point in relation to the person and the same calendar year, exceeds 13 weeks.
(4) The Minister may, by determination in writing, make guidelines relating to the making of determinations under subpoint (1).
(5) A determination under subpoint (4) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Module C—Qualifying session of care
Qualifying session of care—basic meaning
C1 Subject to points C2 and C3, a *session of care for a child is a qualifying session of care in relation to a person and a *payment period if:
(a) it is a session of care in the payment period in relation to which the conditions specified in subsection 20(2) are satisfied; and
(b) no provision of Part 3 of Chapter 2 applies to make child care assistance not payable to the person in respect of the time of the session.
Session cannot be counted twice as a qualifying session of care
C2 Once a *session of care for a child has been counted (for the purposes of this Schedule) as a qualifying session of care in relation to a person, it cannot be counted again as a qualifying session of care for the purposes of determining the child care assistance payable to the person, or another person, pursuant to another claim.
Dealing with session of care in respect of which 2 people have made claims
C3(1) If 2 people claim child care assistance in respect of the same *session of care for a child, the Secretary is to decide in writing which of them is to receive any child care assistance payable in respect of the session. The session is not a qualifying session of care in relation to the other person.
(2) In making the decision, the Secretary must have regard to whether one of the people is the primary carer for the child.
(3) The Secretary is to give notice of the decision to each of the people.
Module D—Eligible hour of care
Eligible hour of care—basic meaning
D1(1) Each of the hours in a qualifying session of care is, subject to points D2 and D3, an eligible hour of care.
Note: A *session of care can still be a qualifying session of care (and each of its hours an eligible hour of care) even if the child is *absent from some or all of the session—see section 25.
(2) If a qualifying session of care includes part only of an hour, and the service charges only for that part of that hour (rather than for the whole of that hour), this Schedule applies, with appropriate modifications, to that part of that hour.
(3) If a qualifying session of care includes part only of an hour, and the service charges for the whole of that hour, the whole of that hour is, subject to points D2 and D3, an eligible hour of care.
Eligible hour of care—the 20 hour per week per child limit if work/training/study test not satisfied
D2(1) This point applies to a person in respect of a week unless:
(a) one of the following subparagraphs applies:
(i) if the person is not a *member of a couple—the person *satisfies the work/training/study test at some time in the week; or
(ii) if the person is a member of a couple—both the person and the person’s partner satisfy the work/training/study test at some time in the week; or
(b) carer allowance under section 953 of the Social Security Act 1991 is payable to the person or the person’s partner in respect of some or all of the week:
(i) in respect of a dependent child of the person or the person’s partner; and
(ii) pursuant to a claim that was determined before the week.
(2) This point applies in relation to qualifying sessions of care in the week, other than:
(a) any session provided by an *occasional care service; or
(b) any session provided by a service at a time in relation to which a determination under subpoint (7) applies.
(3) Subject to subpoint (6), it is only the first 20 hours of care in the qualifying sessions of care for a child in a week that are eligible hours of care in those sessions.
(4) The Secretary may, in writing, determine which of the hours in the qualifying sessions of care for a child in a week are to count as the first 20 hours. The determination is to be made in accordance with guidelines in force under subpoint (10).
(5) The Secretary may, in writing, determine that a child needs or needed access to a specified higher total number of hours of care per week because:
(a) the child is or was at risk of neglect or abuse; or
(b) the child’s family is or was in crisis; or
(c) the child is or was a dependent child of a person who is or was disabled and whose partner (if any) is or was also disabled.
The determination is to be made in accordance with guidelines in force under subpoint (10).
(6) Subpoint (3) has effect in respect of the period to which a determination under subpoint (5) applies as if the reference in that subpoint to 20 hours were instead a reference to the higher number of hours specified in the determination.
(7) The Minister may, by determination in writing, exempt a specified *child care assistance service from the limit imposed by this point if:
(a) the service is the sole provider in an area of the kind of care the service provides; and
(b) not to grant the exemption would be likely to result in the closure of the service.
Note: Decisions under this subpoint are reviewable under Part 3 of Chapter 6, rather than under Chapter 9.
(8) A determination under subpoint (7):
(a) is to be made in accordance with guidelines in force under subpoint (10); and
(b) may be expressed so that the exemption is made subject to conditions.
(9) A determination under subpoint (5) or (7) applies in respect of the period specified in the determination (which may be a period starting before or after the determination is made).
(10) The Minister may, by determination in writing, make guidelines relating to making of determinations under subpoints (4), (5) and (7).
(11) A determination under subpoint (10) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Eligible hour of care—the 50 hour limit per week per child
D3(1) Subject to subpoint (5), it is only the first 50 hours of care in the qualifying sessions of care for a child in a week that are eligible hours of care in those sessions.
(2) The Secretary may, in writing, determine which of the hours in the qualifying sessions of care for a child in a week are to count as the first 50 hours. The determination is to be made in accordance with guidelines in force under subpoint (7).
(3) The Secretary may, in writing, determine that, because of work related commitments, the person needs or needed a specified higher total number of hours of care per week for the child. The determination is to be made in accordance with guidelines in force under subpoint (7).
(4) The Secretary may, in writing, determine that a child needs or needed access to a specified higher total number of hours of care per week because:
(a) the child is or was at risk of neglect or abuse; or
(b) the child’s family is or was in crisis.
The determination is to be made in accordance with guidelines in force under subpoint (7).
(5) Subpoint (1) has effect in respect of the period to which a determination under subpoint (3) or (4) applies as if the reference in it to 50 hours were instead a reference to the higher number of hours specified in the determination.
(6) A determination under subpoint (3) or (4) applies in respect of the period specified in the determination (which may be a period starting before or after the determination is made).
(7) The Minister may, by determination in writing, make guidelines relating to the making of determinations under subpoints (2), (3) and (4).
(8) A determination under subpoint (7) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Module E—Hourly rebateable fee
Hourly rebateable fee—basic meaning
E1(1) The hourly rebateable fee in relation to an eligible hour of care is the lesser of:
(a) the fee charged by the *child care assistance service for the hour of care, or if point E2 (reimbursements) applies, that fee as reduced under that point; and
(b) the applicable fee limit set out in the table below.
Applicable fee limit
Item Kind of care provided in hour Fee limit
1 Care for a non-school child, other than part‑time family day care or non-standard hours family day care $2.30
2 Care for a school child, other than part-time family day care or non-standard hours family day care $1.95
3 Part-time family day care for a non-school child the lesser of $3.05 and the ceiling rate (see subpoint (2))
4 Part-time family day care for a school child the lesser of $2.60 and the ceiling rate (see subpoint (3))
5 Non-standard hours family day care for a non‑school child $3.05
6 Non-standard hours family day care for a school child $2.60
Note: The amounts specified in this table are to be indexed in accordance with Module G.
(2) For the purposes of item 3 of the table in subpoint (1), the ceiling rate is the amount worked out by dividing $115 by the total number of eligible hours of care of the kind referred to in that item that were provided for the child during the week.
Note: The amount specified in this subpoint is to be indexed in accordance with Module G.
(3) For the purposes of item 4 of the table in subpoint (1), the ceiling rate is the amount worked out by dividing $97.50 by the total number of eligible hours of care of the kind referred to in that item that were provided for the child during the week.
Note: The amount specified in this subpoint is to be indexed in accordance with Module G.
Treatment of reimbursements
E2(1) This point applies if the person, or the person’s partner, is reimbursed for some or all of the fee charged by a *child care assistance service in respect of one or more eligible hours of care in a week.
(2) In respect of each eligible hour of care in the week (not just the hours to which the reimbursement relates), the fee charged by the *child care assistance service for the hour of care is, for the purposes of point E1, to be reduced by the amount worked out in accordance with Method statement E1.
Method statement E1
Step 1. Work out the total amount reimbursed to the person, or the person’s partner, as mentioned in subpoint (1) in respect of the week.
Step 2. Divide the amount by the total number of eligible hours of care in the week.
Step 3. The fee charged by the *child care assistance service for each of those eligible hours of care is to be reduced by the amount worked out under Step 2.
(3) The Minister may determine in writing:
(a) the circumstances in which a person is taken to be reimbursed for the purposes of this point; and
(b) a mechanism for working out the amount taken to be reimbursed to a person for the purposes of this point.
(4) A determination under subpoint (3) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Module F—CA%
Method of calculating CA%
F1 The CA % in relation to a person and an eligible hour of care is worked out in accordance with Method statement F1.
Method statement F1
Step 1. Work out if the person is receiving family payment at more than the minimum family payment rate. The following rules then apply:
(a) if the person is receiving family payment at more than that rate—the CA% is to be worked out in accordance with point F5;
(b) in any other case—go to Step 2.
Step 2. Work out the person’s annual income (see point F2). The following rules then apply:
(a) if the person’s annual income is at or below the income cut out point (see point F3), go to Step 3;
(b) if the person’s annual income exceeds the income cut out point, the CA% is 0% (resulting in a nil rate of payment).
Step 3. Divide the person’s annual income by 52 to produce a weekly rate of income. The following rules then apply:
(a) if the person’s weekly income is at or below the threshold amount (see point F4), the CA% is to be worked out in accordance with point F5;
(b) if the person’s weekly income exceeds the threshold amount, the CA% is to be worked out in accordance with point F6.
The person’s annual income
F2(1) For the purpose of this Module, the person’s annual income is to be worked out in accordance with the regulations.
(2) Without limiting subpoint (1), the regulations may:
(a) provide that a person’s annual income is to include the income of another person (for example, the person’s partner); and
(b) identify amounts to be included in a person’s income; and
(c) identify amounts not to be included in a person’s income; and
(d) provide for the use of estimates in determining a person’s income; and
(e) provide for a person’s income to be recalculated in certain circumstances; and
(f) make different provision in respect of different classes of people.
(3) Regulations made for the purposes of this point may adopt a provision or provisions of the Social Security Act 1991, with or without modification.
The income cut out point
F3 The income cut out point, in relation to the person and the eligible hour of care, is:
(a) if the number of children in care of that kind is 1—$65,743; or
(b) if the number of children in care of that kind is 2—$77,084; or
(c) if the number of children in care of that kind is 3 or more—$94,095.
Note 1: See point F7 for the meaning of number of children in care of that kind.
Note 2: The amounts specified in this subpoint are to be indexed in accordance with Module G.
The threshold amount
F4 The threshold amount is $522.
Note: The amount specified in this subpoint is to be indexed in accordance with Module G.
Calculation of CA%—maximum income tested rate
F5(1) The CA% in relation to a person and an eligible hour of care is to be worked out in accordance with the formula in subpoint (2) if:
(a) paragraph (a) of Step 1 in Method statement F1 applies; or
(b) paragraph (a) of Step 3 in Method statement F1 applies.
(2) The formula is:
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(3) In this formula:
ceiling, in relation to the person and the eligible hour of care, means the amount worked out by multiplying $115 by the number of children in care of that kind.
minimum fee, in relation to the person and the eligible hour of care, means:
(a) if the number of children in care of that kind is 1—$19.50; or
(b) if the number of children in care of that kind is 2 or more—$22.
Note 1: See point F7 for the meaning of number of children in care of that kind.
Note 2: The amounts specified in the definitions of ceiling and minimum fee are to be indexed in accordance with Module G.
Calculation of CA%—reduced income tested rate
F6(1) The CA% in relation to a person and an eligible hour of care is to be worked out in accordance with the formula in subpoint (2) if paragraph (b) of Step 3 in Method statement F1 applies.
(2) The formula is:
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(3) In this formula:
excess income means the amount of the excess referred to in paragraph (b) of Step 3 in Method statement F1.
withdrawal rate means the amount worked out in accordance with the formula set out in subpoint (4).
minimum fee, in relation to the person and the eligible hour of care, means:
(a) if the number of children in care of that kind is 1—$19.50; or
(b) if the number of children in care of that kind is 2 or more—$22.
ceiling, in relation to the person and the eligible hour of care, means the amount worked out by multiplying $115 by the number of children in care of that kind.
Note 1: See point F7 for the meaning of number of children in care of that kind.
Note 2: The amounts specified in the definitions of ceiling and minimum fee are to be indexed in accordance with Module G.
(4) The formula for working out the withdrawal rate is:
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(5) In this formula:
ceiling has the same meaning as in subpoint (3).
minimum fee has the same meaning as in subpoint (3).
weekly cut out point means the amount worked out by dividing the income cut out point worked out under point F3 by 52.
threshold amount has the same meaning as in point F4.
Meaning of number of children in care of that kind
F7 For the purposes of applying this Module to a person and an eligible hour of care, the number of children in care of that kind, in relation to the person and the eligible hour of care, is worked out in accordance with Method statement F2.
Method statement F2
Step 1. Work out what kind of care was provided in that hour. For this purpose, the kinds of care are:
(a) care provided for a school child by a *child care assistance service, other than an *occasional care service;
(b) care provided for a non-school child by a child care assistance service, other than an occasional care service;
(c) care provided for a school child by an occasional care service;
(d) care provided for a non-school child by an occasional care service.
Step 2. Work out, in relation to the person, how many children are in qualifying sessions of care of that kind in the week concerned. That number is the number of children in care of that kind in relation to the person and the eligible hour of care.
Module G—Indexation
Amounts to be indexed
G1 The amounts specified in the table below are to be indexed in accordance with the regulations.
Amounts to be indexed
Item Amount
1 Each amount specified in the table at the end of subpoint E1(1)
2 The amount specified in subpoint E1(2)
3 The amount specified in subpoint E1(3)
4 Each amount specified in point F3
5 The amount specified in point F4
6 Each amount specified in the definitions of ceiling and minimum fee in subpoint F5(3)
7 Each amount specified in the definitions of ceiling and minimum fee in subpoint F6(3)
Substituting a higher amount before first indexation
G2(1) The Minister may, in writing, before the day on which an amount is first indexed, determine that a higher amount is to be substituted for that amount. The determination has effect accordingly.
(2) A determination under subpoint (1) is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901.
Regulations on indexation
G3(1) The regulations may:
(a) prescribe when an amount is to be indexed; and
(b) prescribe the way in which an amount is to be indexed; and
(c) make different provision in respect of different amounts.
(2) Regulations made for the purposes of this point may adopt a provision or provisions of the Social Security Act 1991, with or without modification.
Consequence of indexing amounts
G4 If an amount (the indexable amount) is indexed in accordance with the regulations, this Schedule has effect as if the new amount (as indexed) were substituted for the indexable amount on the day when the indexation takes effect.