CHILD CARE PAYMENTS ACT 1997
Table of Provisions
PART 1--PRELIMINARY MATTERSýÜ
PART 2--INTERPRETATION
- 5 Definitions
- 6 Meaning of comply with a tax file number request--request for
- 7 Meaning of comply with a tax file number request--request for tax
- 8 Meaning of conscientious objection
- 9 Extended meaning of inhabitant of Australia--students receiving
- 10 Extended meaning of inhabitant of Australia--hardship and special
- 11 Meaning of member of a couple
- 12 Meaning of payment commencement day
- 13 Meaning of receiving
- 14 Meaning of satisfies the work/training/study test
- 15 Work/training/study test--recognised work or work related
- 16 Work/training/study test--recognised training commitments
- 17 Work/training/study test--recognised study commitments
- 18 Minister's power to make determinations for the purposes of other
PART 1--ENTITLEMENT
- 19 Entitlement to child care assistance
PART 2--QUALIFICATION
- 20 Qualification for child care assistance
- 21 Meaning of dependent child
- 22 The immunisation requirement--prospective claimants and
- 23 The immunisation requirement--retrospective claimants
- 24 Sessions of care in respect of which emergency child care assistance
- 25 Treatment of absences of child from care
PART 3--LIMITATIONS ON PAYABILITY
- 26 Part sets out limits on payability
- 27 Assets test
- 28 Assets test--determining value of assets
- 29 Assets test--indexation of assets limit
- 30 Non-temporary cessation of qualification criteria
- 31 No payment unless proper claim made
- 32 Nil rate of payment
- 33 Prospective claims--no payment in respect of periods before or after the
- 34 Prospective claims--provision of tax file numbers
- 35 Prospective claims--provision of information required by recipient
- 36 Retrospective claims--no payment in respect of periods before or after
PART 4--CLAIMS FOR CHILD CARE ASSISTANCE
- 37 Prospective and retrospective claims
- 38 Need for a claim
- 39 Secretary may also treat claim as claim for child care rebate
- 40 Form of claim
- 41 Lodgment of claim
- 42 Claim may be withdrawn
- 43 Secretary may give notice stating that child must be immunised
- 44 Secretary may request claimant to give statement of tax file
- 45 Secretary may request claimant to give statement of partner's tax file
PART 5--DETERMINATION OF CLAIMS
- 46 Division applies if person makes a prospective claim that is a proper
- 47 Secretary to determine claim
- 48 Maximum assistance period
- 49 Division applies if person makes a retrospective claim that is a proper
- 50 Secretary to determine claim
- 51 Maximum assistance period
- 52 Date of effect etc. of determinations may be dealt with in
PART 6--RATE OF CHILD CARE ASSISTANCE
- 53 Rate of child care assistance
PART 7--PAYMENT OF CHILD CARE ASSISTANCE
- 54 Payment by instalments
- 55 Prospective claims payment system
- 56 Retrospective claims payment system
- 57 Division deals with payment pursuant to prospective claims
- 58 Commencement of payment
- 59 Payment by instalments
- 60 Payments generally to be made to operator of child care assistance
- 61 Payment may be made to the person
- 62 Payment into bank etc. account
- 63 Where payday would fall on public holiday etc.
- 64 Payment after death of person
- 65 Division deals with payment pursuant to retrospective claims
- 66 Payment in lump sum
- 67 Payment into bank etc. account
- 68 Payment after death of person
PART 8--RECIPIENT OBLIGATIONS
- 69 Part deals with obligations of people paid pursuant to prospective
- 70 Secretary may give notice stating that child must be immunised
- 71 Secretary may request person to give statement of tax file
- 72 Secretary may request person to give statement of partner's tax file
- 73 Secretary may require notice of the happening of an event or a change of
- 74 Secretary may require person to give particular information relevant to
- 75 Secretary may require person to give information relating to entitlement
- 76 Secretary may require person to give notice of change of address
PART 1--ENTITLEMENT
- 77 Entitlement to child care rebate
PART 2--QUALIFICATION
- 78 Qualification for child care rebate
- 79 Meaning of dependent child
- 80 The immunisation requirement--prospective claimants and
- 81 The immunisation requirement--retrospective claimants
- 82 Treatment of absences of child from care
PART 3--LIMITATIONS ON PAYABILITY
- 83 Part sets out limits on payability
- 84 Non-temporary cessation of qualification criteria
- 85 No payment unless proper claim made
- 86 Nil rate of payment
- 87 Prospective claims--no payment in respect of periods before or after the
- 88 Prospective claims--provision of information required by recipient
- 89 Retrospective claims--no payment in respect of periods before or after
PART 4--CLAIMS FOR CHILD CARE REBATE
- 90 Prospective and retrospective claims
- 91 Need for a claim
- 92 Secretary may also treat claim as claim for child care
- 93 Form of claim
- 94 Lodgment of claim
- 95 Claim may be withdrawn
- 96 Secretary may give notice stating that child must be immunised
- 97 Secretary may request claimant to give statement of tax file
- 98 Secretary may request claimant to give statement of partner's tax file
PART 5--DETERMINATION OF CLAIMS
- 99 Division applies if person makes a prospective claim that is a proper
- 100 Secretary to determine claim
- 101 Maximum rebate period
- 102 Division applies if person makes a retrospective claim that is a proper
- 103 Secretary to determine claim
- 104 Maximum rebate period
- 105 Date of effect etc. of determinations may be dealt with in
PART 6--RATE OF CHILD CARE REBATE
- 106 Rate of child care rebate
PART 7--PAYMENT OF CHILD CARE REBATE
- 107 Payment by instalments
- 108 Prospective claims payment system
- 109 Retrospective claims payment system
- 110 Division deals with payment pursuant to prospective claims
- 111 Commencement of payment
- 112 Payment by instalments
- 113 Payments to be made to person
- 114 Payment into person's bank etc. account
- 115 Where payday would fall on public holiday etc.
- 116 Payment after death of person
- 117 Division deals with payment pursuant to retrospective claims
- 118 Payment in lump sum
- 119 Payment into bank etc. account
- 120 Payment after death of person
PART 8--RECIPIENT OBLIGATIONS
- 121 Part deals with obligations of people paid pursuant to prospective
- 122 Secretary may give notice stating that child must be immunised
- 123 Secretary may request person to give statement of tax file
- 124 Secretary may request person to give statement of partner's tax file
- 125 Secretary may require notice of the happening of an event or a change
- 126 Secretary may require person to give particular information relevant to
- 127 Secretary may require person to give information relating to
- 128 Secretary may require person to give notice of change of
PART 1--PRELIMINARY
- 129 Amount paid to person includes amount paid on person's behalf to
- 130 Special provisions relating to operators of child care assistance
- 131 Chapter does not apply to emergency child care assistance
PART 2--AMOUNTS RECOVERABLE UNDER THIS ACT
- 132 Debts due to the Commonwealth
- 133 Debts arising under this Act
- 134 Debts arising from AAT stay orders
- 135 Debts arising from recipient's contravention of this Act
- 136 Person other than payee obtaining payment of a cheque
- 137 Debts arising from conviction of person for involvement in
- 138 Data-matching Program (Assistance and Tax) Act debts
- 139 Interest payable on debt for failure to enter agreement to pay
- 140 Interest payable on debt for breach of agreement to pay debt
- 141 Penalty interest rate
- 142 Debt from failure to comply with garnishee notice
- 143 Overseas application of provisions
- 144 Recoverable debts
PART 3--METHODS OF RECOVERY
- 145 Deductions generally
- 146 Deductions from debtor's child care payment
- 147 Deductions from group payments made to child care assistance
- 148 Time limits on recovery action under sections 146 and 147
- 149 Legal proceedings
- 150 Garnishee notice
- 151 Time limits on recovery action under section 150
- 152 Secretary may allow payment of debt by instalments
- 153 Deductions by consent from child care payment of person who is not a
PART 4--NON-RECOVERY OF DEBTS
- 154 Meaning of debt
- 155 Secretary may write off debt
- 156 Power to waive Commonwealth's right to recover debt
- 157 Waiver of debt arising from error
- 158 Waiver of debt relating to an offence
- 159 Waiver of small debt
- 160 Waiver in relation to settlements
- 161 Waiver where debtor or debtor's partner would have been entitled to
- 162 Waiver in special circumstances
- 163 Secretary may waive debts of a particular class
- 164 Determination that penalty interest not payable in relation to
- 165 Definitions
- 166 What is emergency child care assistance?
- 167 Minister may make guidelines
- 168 Application
- 169 Consequences of failure to comply with requirement for other
- 170 Children in respect of whom emergency child care assistance is not
- 171 Payability and rate of payment of emergency child care
- 172 Duration of payment of emergency child care assistance
PART 1--APPROVAL FOR CHILD CARE ASSISTANCE PURPOSES
- 173 What is the significance of approval of a child care service?
- 174 Application
- 175 Approval of child care services
- 176 Statement that applicant has tax file number
- 177 Conditions of approval
- 178 Allocation of hours condition ceases to apply to centre based long day
- 179 Consequences of breach of conditions of approval
- 180 Procedure for imposing a sanction
- 181 Cancellation
- 182 Procedure for cancellation
- 183 Effect of cancellation of approval on child care rebate service
- 184 Notification of matters affecting eligibility for approval
- 185 Eligibility rules--centre based long day care services
- 186 Eligibility rules--family day care services
- 187 Eligibility rules--occasional care services
- 188 Eligibility rules--outside school hours care services
- 189 Exemption from eligibility rules
- 190 Eligibility rules may deal with who may operate a service and change of
- 191 Determinations disallowable
- 192 Purpose of Division
- 193 Secretary to allocate child care assistance hours
- 194 Allocation guidelines
- 195 Notice of allocation
- 196 Re-allocation of surrendered child care assistance hours
- 197 Application for new child care assistance hours
- 198 Determination of application
- 199 Allocation of new child care assistance hours--1998 and 1999
- 200 Total number to be divided on regional basis
- 201 Allocation within a region limited to hours available in region
- 202 Other factors affecting allocation
- 203 Allocation of new child care assistance hours
- 204 Factors affecting allocation of new hours
PART 2--REGISTRATION FOR CHILD CARE REBATE PURPOSES
- 205 What is the significance of registration of a child care
- 206 Application
- 207 Registration of child care services
- 208 Statement that applicant has tax file number
- 209 When does registration take effect?
- 210 Conditions of registration
- 211 Consequences of breach of conditions of registration
- 212 Procedure for imposing a sanction
- 213 Cancellation
- 214 Procedure for cancellation
- 215 Notification of matters affecting eligibility for registration
- 216 Eligibility rules
- 217 Exemption from eligibility rules
- 218 Determinations disallowable
PART 3--REVIEW OF DECISIONS
PART 1--INFORMATION GATHERING
- 221 General power to obtain information
- 222 Power to obtain information from a person who owes a debt to the
- 223 Power to obtain information about a person who owes a debt to the
- 224 General provisions about making requirements under sections 221 to
- 225 Power to obtain information to verify claims etc.
- 226 General provisions about making requirements under section 225
- 227 Secretary's obligation in relation to information given under section
- 228 State/Territory law does not affect obligations to provide information
- 229 Part does not create offences in relation to emergency child care
PART 2--CONFIDENTIALITY
- 230 Authorised access to and use of protected information
- 231 Offence--unauthorised access to protected information
- 232 Offence--unauthorised use of protected information
- 233 Protection extends to court, tribunal etc. proceedings
- 234 Secretary's certificate
- 235 Guidelines for exercise of Secretary's disclosure power
- 236 Offence--soliciting disclosure of protected information
- 237 Offence--untrue representations
- 238 Offences--offering to supply protected information
- 239 Officer's oath or declaration
- 240 Freedom of Information Act not affected
- 241 Application of the Criminal Code
- 242 Crown not liable to be prosecuted for offences
- 243 Conviction of an offence--repayment of child care payment
- 244 Secretary's certificate
- 245 Court certificate
- 246 Proceedings against non-corporations
PART 1--INTERNAL REVIEW
- 247 Decisions to which Part applies
- 248 Secretary may review decisions
- 249 Application for review
- 250 Secretary or CEO may continue payment pending outcome of application
- 251 Powers of Secretary, CEO or authorised review officer if application
- 252 Certain determinations not to be revived
- 253 Notification of further rights of review
PART 2--REVIEW BY SOCIAL SECURITY APPEALS TRIBUNAL
- 254 Decisions to which Part applies
- 255 SSAT objectives
- 256 Application for review by SSAT
- 257 Secretary may continue payment pending outcome of application for
- 258 SSAT review powers
- 259 Date of effect of SSAT decisions
- 260 Application requirements
- 261 Variation of decision before SSAT review completed
- 262 Parties to SSAT review
PART 3--RIGHT TO REVIEW BY ADMINISTRATIVE APPEALS TRIBUNAL
- 263 Review of SSAT decision by AAT
- 264 Variation of decision before AAT review completed
- 265 Review of SSAT decision on application by the Secretary
- 266 Secretary may settle proceedings before the AAT
PART 4--MODIFICATION OF THE ADMINISTRATIVE APPEALS TRIBUNAL ACT 1975
- 267 Modification of the Administrative Appeals Tribunal Act
- 268 Statement of reasons for decision
- 269 Notice of application for review
- 270 Parties to review by the AAT
- 271 Lodging documents with the AAT
- 272 Power of the AAT to obtain additional statements
- 273 Operation and implementation of the decision under review
- 274 Power of the AAT if party fails to appear
PART 1--GENERAL ADMINISTRATION
- 275 Secretary to have general administration of Act
- 276 Delegation by Secretary
- 277 Authorised review officers
- 278 Decisions to be in writing
- 279 Notice of decisions under this Act
PART 2--SPECIAL PROVISIONS ABOUT THE AGENCY
- 280 References to the Secretary and the Department--requirements etc. by
- 281 References to the Secretary and the Department--directions by
- 282 Treatment of unincorporated associations
- 283 Treatment of partnerships
- 284 Judicial notice to be taken of certain matters
- 285 Evidence
- 286 Source of payments
- 287 Regulations