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9 Services exempt from the National Law and Regulations

In Home Care

In Home Care is not covered by the National Law. In Home Care providers and services are therefore are not required to meet requirements under the National Law.

Some states and territories have additional legislative requirements which cover In Home Care. In addition to the Family Assistance Law, In Home Care providers and services must also meet the legislative requirements of the states and territories in which they are located and where they provide services. Specifically, this includes:

  • Tasmania: Child Care Act 2001
  • South Australia: Education and Early Childhood Services (Registration and Standards) Act 2011.

Other exempt services

Generally, services need to be approved under Family Assistance Law in order for individuals to be eligible for Child Care Subsidy or Additional Child Care Subsidy in respect of the care they provide.

Certain services that were funded under the Budget Based Funded program prior to July 2018, and a small number of other specified services, are exempt from the National Law and Regulations for the purposes of Child Care Subsidy. These services are also exempt from Family Assistance Law requirements relating to the minimum operating periods for Centre Based Day Care and Outside School Hours Care, to allow for community circumstances. The following sections set out the alternative requirements for these services.

These services are required to meet the standards relating to safety, quality and insurances and are required to submit an annual Quality Improvement Plan, so that they gradually align their practice with the National Quality Framework.

Services must be able to provide evidence of compliance with the following additional conditions of continued approval. This may involve providing, on request, copies of certificates, qualifications, policies and processes that support the delivery of the service as described below.

If additional services are approved under these requirements, they will be listed by name in the Minister’s Rules.