FOI/LEX 71589 - Page 2 of 15
s47F(1)
From: s47F(1)
Sent: Thursday, 28 July 2022 10:59 AM
To: s47E(d)
>; s22
; s22
>; s22
>; s22
Cc:s47F(1)
;s47F(1)
s47F(1)
s47F(1)
s47F(1)
Subject: Advice please by COB Fri 29/7‐ draft amendment to remove the follow the child requirement
Hi SA
Could we please seek your advice on a draft amendment that would potentially remove the requirement that, for
the purposes of the 26 week rule, sessions of care follow the child? Refer below:
Paragraph 67CC(2)(d)
After “in the week”, insert “in relation to the individual’s enrolment of the child”.
This would require the Secretary to only look at whether 26 weeks without session reports have occurred under the
particular individual’s enrolment – so rather than following the child, it will follow the individual who is eligible for
those sessions.
Could we please check your views on this? We understand SA’s system looks at CCS eligibility for certain individuals
not enrolment? But then you need an enrolment to have a session of care.
Questions we’d really appreciate your help in answering are as follows:
- How is the system currently applying the 26 week rule?
o Does it just look at CCS eligible individuals?
o We assume there would need to be active enrolments for any sessions of care?
- Can we please confirm that the connection to enrolments in the above draft amendment isn’t problematic?
In addition:
- What actually happens now when the 26 week rule is applied for combined families?
- How might the above amendment work for combined families? For example;
o What if a child moves enrolment/eligibility from one parent to the other but remains in the same
family?
o Would the amendment cancel children in this circumstance despite them remaining in the same
family unit?
E.g., if CCS eligibility/enrolment moved from parent A to parent B, but for whatever reason
there was a gap in care between that move, it’s possible the 26 week rule will look at the
child and see there are no sessions of care with Parent B for the last 26 weeks (because they
were all with Parent A?).
Apologies for the short timeframe, however
could we please receive your advice on the above by COB Friday 29
July (or earlier, if at all possible!)
Thank you
s47F(1)
s47F(1)
| Subsidies ‐ Implementation| Child Care Markets and Reform | Provider Analytics and Integrity Division |
Early Childhood and Youth Group | Australian Government Department of Education
Notice:
The information contained in this email message and any attached files may be confidential information,
and may also be the subject of legal professional privilege. If you are not the intended recipient, any use,
disclosure or copying of this email is unauthorised. If you received this email in error, please notify the
2
FOI/LEX 71589 - Page 3 of 15
sender by contacting the department's switchboard on 1300 566 046 during business hours (8:30am - 5pm
Canberra time) and delete all copies of this transmission together with any attachments.
********************************************************************** IMPORTANT: This e‐mail is for
the use of the intended recipient only and may contain information that is confidential, commercially valuable
and/or subject to legal or parliamentary privilege. If you are not the intended recipient you are notified that any
review, re‐transmission, disclosure, dissemination or other use of, or taking of any action in reliance upon, this
information is prohibited and may result in severe penalties. If you have received this e‐mail in error please notify
the sender immediately and delete all electronic and hard copies of this transmission together with any
attachments. Please consider the environment before printing this e‐mail
**********************************************************************
Notice:
The information contained in this email message and any attached files may be confidential information,
and may also be the subject of legal professional privilege. If you are not the intended recipient, any use,
disclosure or copying of this email is unauthorised. If you received this email in error, please notify the
sender by contacting the department's switchboard on 1300 566 046 during business hours (8:30am - 5pm
Canberra time) and delete all copies of this transmission together with any attachments.
********************************************************************** IMPORTANT: This e‐mail is for
the use of the intended recipient only and may contain information that is confidential, commercially valuable
and/or subject to legal or parliamentary privilege. If you are not the intended recipient you are notified that any
review, re‐transmission, disclosure, dissemination or other use of, or taking of any action in reliance upon, this
information is prohibited and may result in severe penalties. If you have received this e‐mail in error please notify
the sender immediately and delete all electronic and hard copies of this transmission together with any
attachments. Please consider the environment before printing this e‐mail
**********************************************************************
Notice:
The information contained in this email message and any attached files may be confidential information,
and may also be the subject of legal professional privilege. If you are not the intended recipient, any use,
disclosure or copying of this email is unauthorised. If you received this email in error, please notify the
sender by contacting the department's switchboard on 1300 566 046 during business hours (8:30am - 5pm
Canberra time) and delete all copies of this transmission together with any attachments.
3
FOI/LEX 71589 - Page 5 of 15
s47F(1)
; s47F(1)
s47F(1)
s47F(1)
; s47F(1)
Subject: RE: For SA review please: Family Assistance Legislation Amendment (Plan for Cheaper Child Care) Bill 2022
[SEC=OFFICIAL:Sensitive]
OFFICIAL: Sensitive
s22
Hi
We'll have to do a lot of Minister's Rule changes by 1 July 2023 anyway (for other parts), so we can just add this to
the list. Thanks for pointing this out though!
Re: remaining elements of the Bill, we hope so – along with a comprehensive layperson explanation, but in the
meantime please see an update of draft amendments for removal of Phase 2 and the follow the child requirement
which we consulted with you earlier.
If you have any questions, concerns or further comments please let us know.
s47F(1)
s47F(1)
Child Care Reform | Child Care Markets and Reform | Child Care Division | Early Childhood and Youth Group
| Australian Government Department of Education
OFFICIAL: Sensitive
From: s22
Sent: Wednesday, 24 August 2022 8:50 AM
To: s47F(1)
s47E(d)
>; s22
s22
>; s22
s22
s22
Cc: s47F(1)
>; s47F(1)
; s47F(1)
s47F(1)
; s47F(1)
>; s47F(1)
s47F(1)
s47F(1)
Subject: RE: For SA review please: Family Assistance Legislation Amendment (Plan for Cheaper Child Care) Bill 2022
[SEC=OFFICIAL:Sensitive]
CAUTION: This email originated from outside of the organisation. Do not click links or open attachments
unless you recognise the sender and know the content is safe.
s22 (out of scope)
2
FOI/LEX 71589 - Page 6 of 15
Cheers,
s22
s22
s22
FAMILIES, CHILDREN AND TARGETED SERVICES DIVISION
From: s22
Sent: Tuesday, 23 August 2022 3:39 PM
To: s47F(1)
s47E(d)
>; s22
s22
s22
s22
s22
Cc: s47F(1)
s47F(1)
; s47F(1)
s47F(1)
s47F(1)
s47F(1)
; s47F(1)
s47F(1)
Subject: RE: For SA review please: Family Assistance Legislation Amendment (Plan for Cheaper Child Care) Bill 2022
[SEC=OFFICIAL:Sensitive]
His47F(1)
Thank you for providing us the additional time to review.
We have reviewed the ED and lay person explanation and provided comments in the attached.
Will we be able to get a look at the final bill before submission? We are keen to see where we landed with the follow
the child changes and removal of Phase 2 information.
Cheers,
s22
s22
s22
FAMILIES, CHILDREN AND TARGETED SERVICES DIVISION
From: s47F(1)
Sent: Monday, 22 August 2022 10:47 AM
To: s22
; s47E(d)
s22
s22
s22
s22
s22
3
FOI/LEX 71589 - Page 9 of 15
We would appreciate your review of the ED, specifically to stress‐test/interrogate the formulas which determine
applicable percentages.
We would appreciate your feedback by
close of business Monday 22 August 2022. Please let us know if timing will
be an issue. Feedback is urgent so that we can finalise any changes in time for introduction of the Bill in September.
To assist your review, we also reattach the taper graph demonstrating the new CCS rates and a very handy
layperson explanation of the amendments in the ED.
Please note, the indigenous activity test changes, some further integrity measures and minor CCS amendments are
not contained in the ED but are proposed to be included in the final Bill, once policy authority in confirmed. The
amendments for these are being finalised, and we will provide further details with you as the Bill progresses.
Thank you
Kind regards
s47F(1)
s47F(1)
Child Care Reform| Child Care Markets and Reform | Child Care Division | Early Childhood and Youth Group
| Australian Government Department of Education
s47F(1)
OFFICIAL: Sensitive
Notice:
The information contained in this email message and any attached files may be confidential information,
and may also be the subject of legal professional privilege. If you are not the intended recipient, any use,
disclosure or copying of this email is unauthorised. If you received this email in error, please notify the
sender by contacting the department's switchboard on 1300 566 046 during business hours (8:30am - 5pm
Canberra time) and delete all copies of this transmission together with any attachments.
********************************************************************** IMPORTANT: This e‐mail is for
the use of the intended recipient only and may contain information that is confidential, commercially valuable
and/or subject to legal or parliamentary privilege. If you are not the intended recipient you are notified that any
review, re‐transmission, disclosure, dissemination or other use of, or taking of any action in reliance upon, this
information is prohibited and may result in severe penalties. If you have received this e‐mail in error please notify
the sender immediately and delete all electronic and hard copies of this transmission together with any
attachments. Please consider the environment before printing this e‐mail
**********************************************************************
Notice:
The information contained in this email message and any attached files may be confidential information,
and may also be the subject of legal professional privilege. If you are not the intended recipient, any use,
disclosure or copying of this email is unauthorised. If you received this email in error, please notify the
sender by contacting the department's switchboard on 1300 566 046 during business hours (8:30am - 5pm
Canberra time) and delete all copies of this transmission together with any attachments.
********************************************************************** IMPORTANT: This e‐mail is for
the use of the intended recipient only and may contain information that is confidential, commercially valuable
and/or subject to legal or parliamentary privilege. If you are not the intended recipient you are notified that any
review, re‐transmission, disclosure, dissemination or other use of, or taking of any action in reliance upon, this
information is prohibited and may result in severe penalties. If you have received this e‐mail in error please notify
the sender immediately and delete all electronic and hard copies of this transmission together with any
attachments. Please consider the environment before printing this e‐mail
**********************************************************************
Notice:
6
FOI/LEX 71589 - Page 10 of 15
The information contained in this email message and any attached files may be confidential information,
and may also be the subject of legal professional privilege. If you are not the intended recipient, any use,
disclosure or copying of this email is unauthorised. If you received this email in error, please notify the
sender by contacting the department's switchboard on 1300 566 046 during business hours (8:30am - 5pm
Canberra time) and delete all copies of this transmission together with any attachments.
7
OFFICIAL: Sen
OF
sF
it
IC
iv
IAL
e
: S
/en
si
Le
tive
gal Privile
FOI/LEX
ge
71589 -
Page 11 of 15
2022
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Family Assistance Legislation
Amendment (Cheaper Child Care) Bil
2022
No. , 2022
(Education)
A Bill for an Act to amend the law relating to
family assistance, and for related purposes
B22ZC163.v17.docx 5/9/2022 9:57 AM
OFFICIAL: Sensitive / Legal Privilege
OFFICIAL: Sen
OF
sF
it
IC
iv
IAL
e
: S
/en
si
Le
tive
gal Privile
FOI/LEX
ge
71589 -
Page 12 of 15
Schedule 1 Child care subsidy rates
Part 1 Main amendments
1
22 Application of amendments
2
The amendments of the
A New Tax System (Family Assistance) Act
3
1999 made by this Part apply in relation to sessions of care provided to
4
a child in a CCS fortnight that starts in the income year in which this
5
item commences or in a later income year.
10
Family Assistance Legislation Amendment (Cheaper Child Care) Bill
No. , 2022
2022
B22ZC163.v17.docx 5/9/2022 9:57 AM
OFFICIAL: Sensitive / Legal Privilege
OFFICIAL: Sen
OF
sF
it
IC
iv
IAL
e
: S
/en
si
Le
tive
gal Privile
FOI/LEX
ge
71589
- Page 13 of 15
Child care subsidy rates
Schedule 1
Other amendments
Part 2
1
Part 2—Other amendments
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
23 Paragraph 67CC(2)(d)
5
After “session of care”, insert “in relation to which the individual is the
6
claimant”.
7
24 Application of amendments
8
Paragraph 67CC(2)(d) of the
A New Tax System (Family Assistance)
9
(Administration) Act 1999, as amended by this Part, applies in relation
10
to a week for which a report described in that paragraph has not been
11
given to the Secretary, whether the week started before, on or after the
12
commencement of this item.
s22 (out of scope)
No. , 2022
Family Assistance Legislation Amendment (Cheaper Child Care) Bill
11
2022
B22ZC163.v17.docx 5/9/2022 9:57 AM
OFFICIAL: Sensitive / Legal Privilege
FOI/LEX 71589 - Page 14 of 15
2022
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
FAMILY ASSISTANCE LEGISLATION AMENDMENT
(CHEAPER CHILD CARE) BILL 2022
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Education, the Hon Jason Clare MP)
FOI/LEX 71589 - Page 15 of 15
s22 (out of scope)
A New Tax System (Family Assistance) (Administration) Act 1999
Item 23: Paragraph 67CC(2)(d)
71. Item 23 amends paragraph 67CC(2)(d) to the Family Assistance Administration Act.
72. Previously, paragraph 67CC(2)(d) permitted the Secretary to cease an individual’s
determination of eligibility under subsection 67CC(1) if a session report had not been
given to the Secretary for the child for at least 26 consecutive weeks. A
determination of eligibility is necessary to qualify for CCS payments.
73. This amendment adds “in relation to which the individual is the claimant” after
“session of care”, which has the effect that, when the Secretary is considering
ceasing a determination of eligibility under subsection 67CC(2), the Secretary will
only look at whether the child has received sessions of care for which that relevant
individual is the claimant. It would not matter whether or not the child received care
for which another individual was receiving CCS.
74. This clarifies the policy intent and aligns the legislation with the administration of
this provision within the CCS system.
Item 24: Application of amendments
75. Item 24 is an application provision that clarifies that this new provision may be relied
on even if the weeks where the child did not receive care occurred prior to
commencement. This means that the new version of the cessation power can be
exercised from commencement.
Family Assistance Legislation Amendment (Child Care Subsidy) Act 2021
s22 (out of scope)
20
