48AAAdditional conditions for continued approval for approved providers of in home care services—requirements for IHC educators

#### 48AA Additional conditions for continued approval for approved providers of in home care services—requirements for IHC educators (1) For section 195E of the Family Assistance Administration Act, this section sets out conditions for continued approval for a provider in respect of an IHC service. (2) The provider must ensure that each IHC educator who works at the service: (a) is 18 years of age or older; and (b) meets the citizenship and residency requirements for the purposes of this paragraph (see subsection (3)); and (c) holds a current approved first aid qualification; and (d) has undertaken current approved anaphylaxis management training; and (e) has undertaken current approved asthma management training; and (f) unless the Secretary has granted an exemption under subsection (5), holds, or is actively working towards, an approved education and care qualification. (3) For the purposes of paragraph (2)(b), an IHC educator meets the citizenship and residency requirements if the person is: (a) an Australian citizen; or (b) the holder of a permanent visa; or (c) the holder of a visa that permits the holder to work in Australia for a period of 12 or more consecutive months. Exemption from qualification requirement (4) A provider may apply to the Secretary for an exemption to the requirement that a particular IHC educator must hold, or be actively working towards, an approved education and care qualification. (5) The Secretary may grant the exemption if the Secretary is satisfied that: (a) the educator (the first educator) provides care in an area that is designated as ‘Remote Australia’ or ‘Very Remote Australia’ in accordance with the Australian Statistical Geography Standard (ASGS) Edition 3 — Remoteness Areas, March 2023, as published by the Australian Bureau of Statistics; and (b) the first educator will receive support and guidance, whether in person or virtually, from another educator (the second educator) where: (i) the second educator holds an approved education and care qualification; and (ii) the second educator is providing support and guidance for at least 20 per cent of the time the first educator is providing care. (6) If the Secretary is not satisfied of the matters referred to in subsection (5), the Secretary must refuse to grant the exemption. (7) Despite paragraph 108(2)(h) of the Family Assistance Administration Act, a decision to grant an exemption under subsection (5) or refuse to grant an exemption under subsection (6) is reviewable under section 108 of the Family Assistance Administration Act. > Note: Paragraph 108(2)(h) of the Family Assistance Administration Act has the effect that a decision under an instrument is not reviewable under section 109A of that Act. However, subsection 108(2A) of the Family Assistance Administration Act provides that paragraph 108(2)(h) of that Act does not apply in relation to a decision under an instrument if the instrument provides that the decision is reviewable for the purposes of section 108 of that Act. (8) For the purposes of subsection (2), a qualification or training is taken to be current in the circumstances set out in regulation 136 of the Education and Care Services National Regulations. (9) In this section: > actively working towards a qualification has the same meaning as in the Education and Care Services National Regulations; > approved anaphylaxis management training has the same meaning as in regulation 136 of the Education and Care Services National Regulations; > approved education and care qualification has the same meaning as in the Education and Care Services National Regulations; > approved emergency asthma management training has the same meaning as in regulation 136 of the Education and Care Services National Regulations; > approved first aid qualification has the same meaning as in regulation 136 the Education and Care Services National Regulations.