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Commonwealth legislation
The rules govern how Australia’s Child Care Subsidy and Additional Child Care Subsidy operate, setting who can get financial help, how much families receive, and what counts as eligible activity. They also set approval, safety and reporting conditions for providers, and special measures for absences, emergencies and transitional arrangements. This affects families using approved care and providers’ ability to meet quality, compliance and financial requirements.
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Direct links to the current provisions in Child Care Subsidy Minister's Rules 2017.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Rules are the Child Care Subsidy Minister’s Rules 2017.
These Rules are made under the following: (a) subsection 85GB(1) of the A New Tax System (Family Assistance) Act 1999; (b) subsection 194(5) of the A New Tax System (Family Assistance) (Administration) Act 1999 (as in force before 2 July 2018); (c) item 12 of Schedule 4 to the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017.
In these Rules:
at risk has the meaning given by section 9 (Circumstances in which a child is taken to be at risk of serious abuse or neglect—child at risk of suffering harm).
attends school has the meaning given by section 16 (Determining hourly rate cap that applies for a session of care).
business continuity payment means a payment under section 205A or section 205C of the Family Assistance Administration Act.
commencement day means the same day as Schedule 1 to the Jobs for Families Act commences.
COVID‑19 test means a rapid antigen test to detect COVID‑19 or a reverse transcription polymerase chain reaction test to diagnose COVID‑19.
customer reference number (or CRN) means the unique identifier given to an individual by the Department administering the Human Services (Centrelink) Act 1997 to identify the individual for the purposes of social security and family assistance payments.
Education and Care Services National Law, in relation to an entity or service in a State or Territory except Western Australia, means the law of that name set out in the Schedule to the Education and Care Services National Law Act 2010 (Vic), as adopted in that State or Territory, and in relation to an entity or service in Western Australia, means the Education and Care Services National Law (WA) Act 2012.
Education and Care Services National Regulations, in relation to an entity or service in a State or Territory except in Western Australia, means the Education and Care Services National Regulations (NSW), as adopted in that State or Territory, and in relation to an entity or service in Western Australia, means the regulations made under the Education and Care Services National Law (WA) Act 2012.
educator, in relation to a child care service in a State or Territory, means an educator within the meaning of the Education and Care Services National Law or, to the extent that the context permits reference to an individual who provides child care at an IHC service, an IHC educator.
eligible disability child has the meaning given by section 8.
eligible ISP child has the meaning given by section 8.
emergency: see period of emergency.
estimated number of children in care for the week has the meaning given by section 60 (Weekly amount where service has not previously received a fee reduction amount).
Family Assistance Act means the A New Tax System (Family Assistance) Act 1999.
Family Assistance Administration Act means the A New Tax System (Family Assistance) (Administration) Act 1999.
FDC educator, in relation to an FDC service in a State or Territory, means a family day care educator within the meaning of the Education and Care Services National Law.
FDC service, in a State or Territory, means a family day care service within the meaning of the Education and Care Services National Law.
government agency means:
(a) the Commonwealth, a State or a Territory; or
(b) an authority of the Commonwealth or of a State or a Territory.
harm has the meaning given by section 9 (Circumstances in which a child is taken to be at risk of serious abuse or neglect—child at risk of suffering harm).
health agency means a government agency with responsibility for human health.
IHC educator means an individual employed, contracted or otherwise engaged by an approved provider for the purposes of providing child care by an IHC service.
IHC service is short for in home care service.
IHC Support Agency means an entity engaged and funded by the Department responsible for child care matters to support the delivery of in home care in each State and Territory through a networked brokerage model.
immediate family member has the meaning given by section 20.
in a formal foster care arrangement has the meaning given by section 8E.
Indigenous child means a child who is an Aboriginal person or a Torres Strait Islander within the meaning of the Aboriginal and Torres Strait Islander Act 2005.
Jobs for Families Act means the Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017.
long term protection order means a final protection or welfare order made under a law of a state or territory that gives—
a Minister of the Crown in right of a State; a government department or statutory authority; a person who is the head of a government department or statutory authority or otherwise holds an office or position in, or is employed in, a government department or statutory authority, in their official capacity; or an organisation or the chief executive (by whatever name called) of an organisation;
responsibility in relation to the parental or care responsibility for, supervision of, or contact with, the child or young person, however that responsibility is described.
multiple child session of care means a session of care provided by an in home care service to more than one child.
neglect has the meaning given by section 9 (Circumstances in which a child is taken to be at risk of serious abuse or neglect—child at risk of suffering harm).
period of emergency means a period in respect of which an event (an emergency) has occurred that:
(a) affects a widespread area; and
(b) has a severe impact on the lives of a significant number of the inhabitants of the area; and
(c) prevents, or may prevent, children from attending the service, or may make such attendance hazardous.
Note: Where a period of emergency exists for an area, the Department may list the period of emergency on its website for clarity.
registered training organisation has the same meaning as in the National Vocational Education and Training Regulator Act 2011.
remote area child has the meaning given by section 8.
WHS Laws means one or more of the following:
the Work Health and Safety Act 2011;
any regulations or other instruments made under that Act;
any corresponding WHS laws within the meaning of that Act.
Note: A term used in these Rules that is defined in the Family Assistance Act or the Family Assistance Administration Act has the same meaning as it has in the relevant Act (see subsection 3(2) of each of those Acts and paragraph 13(1)(b) of the Legislation Act 2003).
(1) Under subsection 8(3) of the Family Assistance Act, for paragraph 8(1)(a) of that Act, the Secretary must have regard to the following matters in considering whether hardship would be caused to an individual if the individual were not treated as an Australian resident: (a) whether the individual has, since arriving in Australia, experienced an event which was not reasonably foreseeable and which has substantially reduced her or his ability to pay child care fees; and (b) if so: (i) how long ago that event occurred; and (ii) the continuing effect of the event in causing hardship if the individual were not treated as an Australian resident; and (iii) whether it is in the best interests of the child to attend child care. (2) However, for paragraph (1)(a), the following events are not to be considered: (a) currency fluctuations; (b) an increase in fees charged by an approved child care service; (c) a reduction in an individual’s available income due to routine or unnecessary expenditure.
(1) For the purposes of subsection 9(1) of the Family Assistance Act, this section prescribes what constitutes a session of care for the purposes of that Act. (2) A session of care is the minimum period of time in respect of which an approved provider imposes a liability on an individual by charging a fee for providing child care by an approved child care service. (3) A session of care: (a) may start on one day and end on the next day; and (b) may be of any length up to, but not exceeding, 12 hours.
Note: Section 8 of these Rules sets out circumstances in which there is no eligibility for CCS for a session of care, including where during any part of the session, the child is attending school, or engaged in a formal schooling program (including a home schooling or distance education program). As a result, sessions of before and after school care should not be reported to overlap with the child’s school hours.
(4) A session of care that starts on one day (the first day) and ends on the next day is to be treated, for the purposes of the Family Assistance Act, as having occurred on the first day.
(1) For the purposes of subsections 10(2A) and (3A) of the Family Assistance Act, this section sets out the circumstances in which subparagraphs 10(2)(b)(ii) and (iii) and (3)(c)(ii) and (iii) of that Act do not apply.
Note: If a circumstance in this section exists, a child care service can be taken to have provided a session of care to a child on a day:
(a) before the child first attends a session of care with the service; or
(b) after the child last attends a session of care with the service.
(2) The circumstances are as follows: (a) both: (i) the child is absent from a session of care on a day in the extended period because of a reason specified in subsection 10(4) of the Family Assistance Act; and (ii) if paragraph 10(3)(e) of that Act will apply in relation to the absence, the service has been given a certificate that was issued by a medical practitioner in relation to the illness; (b) the ownership of the child care service changes during the extended period; (c) the child care service closes during the extended period and the child attends a session of care provided by: (i) where the service is an FDC service or an IHC service—the service at another location; or (ii) another child care service of the approved provider;”. (d) the family of the child experiences a tragedy within the period beginning 28 days before the day in the extended period on which the absence occurs.
Note: For subparagraph (a)(i), see section 6 of these Rules for additional reasons prescribed for the purposes of subsection 10(4) of the Family Assistance Act.
(3) For the purposes of subsection (2), each of the following periods are the extended period: (a) the period: (i) beginning on the sixth day before the day (the first attendance day) on which the child first attends a session of care provided by the child care service; and (ii) ending on the first attendance day; (b) the period: (i) beginning on the day (the last attendance day) the child last attends a session of care provided by the service before the child ceases to be enrolled for care by the service; and (ii) ending on the sixth day after the last attendance day. (4) For the purposes of paragraph (2)(d), but without limiting that paragraph, the family of the child experiences a tragedy if: (a) an immediate family member of the child experiences a serious injury or illness or dies; or (b) an individual who cares for the child ceases to be a member of a couple, including because the individual’s marriage, de facto relationship or registered relationship has ended; or (c) the child, an individual who cares for the child or an immediate family member is the victim of: (i) a serious crime; or (ii) domestic violence; or (d) an event has occurred that has resulted in the child’s principal home being lost or sustaining major damage.
For the purposes of these Rules, an FDC service or an IHC service is closed if: (a) the whole service is closed; or (b) in relation to a session of care that the service provides or is taken to provide at a particular location—there is no educator at the service who is willing and able to provide the session at that location.
For subparagraph 10(2)(c)(ii) of the Family Assistance Act, the conditions referred to in subsection 10(2AA) of that Act are met in relation to a session of care and a day in a financial year in the following circumstances: (a) the day is on or after 23 February 2022; and (b) the day is during a period of emergency; and (c) the child did not attend any part of the session of care: (i) because the service is closed during the period of emergency; or (ii) the child cannot attend the session of care as a direct result of the emergency.
Note: Example: A service is flooded; or staff are unable to travel to the service because the roads are closed.
For the purposes of subsection 10(3A) of the Family Assistance Act, paragraph 10(3)(e) does not apply to a day in the following circumstances: (a) the illness referred to in paragraph 10(4)(a) or (b) of that Act is COVID‑19; and (b) the person referred to in paragraph 10(4)(a) or (b) of that Act returned a positive COVID‑19 test result in the seven day period ending on the day; and (c) the service has been given a copy of a notice of the positive COVID‑19 test result by a pathology service or a government agency.
(1) For paragraph 10(4)(e) of the Family Assistance Act, a child care service is taken to have provided a session of care to a child on a day in a financial year where the absence on that day is directly due to one of the following reasons: (a) where: (i) the child has not been immunised against a particular infectious disease; and (ii) the absence occurs during an immunisation grace period in respect of the child (see subsection 67CD(9) of the Family Assistance Administration Act); and (iii) the provider of the service holds a written statement given by a medical practitioner which certifies that exposure to the infectious disease would pose a health risk to the child; (b) where: (i) the provider of the service holds a copy of a court order (including a parenting order within the meaning of section 64B of the Family Law Act 1975), a registered parenting plan or a parenting plan in relation to the child; and (ii) that order or plan requires the child to spend time with a person other than the individual in whose care the child usually is; and (iii) the absence occurs because the child spends time with that other person; (c) where the service is closed as a direct result of a period of emergency; (d) where the child cannot attend as a direct result of a period of emergency (for example, because they are unable to travel to the service), if: (i) the period is still underway; or (ii) the period ended not more than 28 days before the absence; (e) where the absence is due to the individual in whose care the child is, deciding the child should not attend the service for up to seven days immediately following the end of a period of emergency.
For paragraph (b) of the definition of child care service payment in subsection 3(1) of the Family Assistance Administration Act, any payments made under a funding agreeme
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