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Child Care Subsidy Minister's Rules 2017
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#### 4 Definitions
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).