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Child Care Subsidy Minister's Rules 2017
10Circumstances in which a child is taken to be at risk of serious abuse or neglect—child in need of care etc. under State or Territory law
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#### 10 Circumstances in which a child is taken to be at risk of serious abuse or neglect—child in need of care etc. under State or Territory law
For subsection 85CA(4) of the Family Assistance Act, a child is taken to be at risk of serious abuse or neglect if:
(a) where the child is a resident of the Australian Capital Territory at the time the session of care is provided—the child is in need of care and protection under the Children and Young People Act 2008 (ACT); or
(b) where the child is a resident of New South Wales at the time the session of care is provided—the child is at risk of significant harm under the Children and Young Persons (Care and Protection) Act 1998 (NSW); or
(c) where the child is a resident of the Northern Territory at the time the session of care is provided—the child is in need of care and protection under the Care and Protection of Children Act (NT); or
(d) where the child is a resident of Queensland at the time the session of care is provided—the child is in need of protection under the Child Protection Act 1999 (Qld); or
(e) where the child is a resident of South Australia at the time the session of care is provided—the child is at risk within the meaning of section 18 of the Children and Young People (Safety) Act 2017 (SA); or
(f) where the child is a resident of Tasmania at the time the session of care is provided—the child is at risk under the Children, Young Persons and Their Families Act 1997 (Tas); or
(g) where the child is a resident of Victoria at the time the session of care is provided—the child is in need of protection under the Children, Youth and Families Act 2005 (Vic); or
(h) where the child is a resident of Western Australia at the time the session of care is provided—the child is in need of protection under the Children and Community Services Act 2004 (WA); or
(i) where the child is in a formal foster care arrangement; or
(j) for the period between 1 July 2022 to 30 June 2027—where the child is enrolled at one of the four services participating in the Commonwealth‑supported intensive early childhood education and care model trial overseen by Parkville Institute Ltd.