A New Tax System (Family Assistance) (Administration) Act 1999

PART 8A - PROVIDER REQUIREMENTS AND OTHER MATTERS  

Division 1 - Requirements in relation to enrolments and relevant arrangements  

SECTION 200B   When a child is enrolled  

200B(1)    
A child:

(a)     starts to be enrolled for care by a child care service of a provider if:


(i) the provider and an individual enter into a complying written arrangement for the service to provide care to the child; or

(ii) the service provides care to the child in the circumstances referred to in subsection (4); and

(b)    

ceases to be enrolled for care by that service when the earliest of the following events happens:

(i) for an enrolment that started as referred to in subparagraph (a)(i) - the arrangement ends;

(ii) for an enrolment that started as referred to in subparagraph (a)(ii) - the care ceases to be provided in those circumstances;

(iii) 14 weeks have passed since the child last attended any of the service ' s sessions of care;

(iv) an event prescribed by the Minister ' s rules.

200B(1A)    


The Minister ' s rules may prescribe circumstances in which one or more weeks covered wholly or partly by a period of emergency or disaster are to be disregarded for the purposes of subparagraph (1)(b)(iii).

200B(2)    
A child is enrolled for care by a service from the day the child starts to be enrolled until the child ceases to be enrolled. To avoid doubt, a child who ceases to be enrolled for care by a service is not enrolled for care by that service until the child starts to be enrolled for care by that service again.

200B(3)    
A written arrangement between a provider and an individual is a complying written arrangement if the arrangement complies with the requirements prescribed by the Secretary ' s rules.

200B(4)    
A service provides care to a child in the circumstances referred to in this subsection if:

(a)    immediately before the service starts to provide the care, the child is not enrolled for care by the service; and

(b)    any of the following applies in relation to the week in which the service starts to provide the care:


(i) a certificate given by the approved provider of the service under section 85CB (certification for ACCS (child wellbeing)) of the Family Assistance Act is in effect in relation to the child;

(ii) a determination made by the Secretary under section 85CE (determination for ACCS (child wellbeing)) of the Family Assistance Act is in effect in relation to the child;

(iii) the approved provider of the service has applied for a determination under section 85CE of the Family Assistance Act and the application has not been refused; and

(c)    the provider gives the Secretary a declaration referred to in paragraph 67CH(1)(c) in relation to sessions of care provided by the service to the child.




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