New Compliance Measures from 13 March 2017

For: 

On 27 February 2017, the Minister for Education and Training announced changes to the Family Assistance Law affecting approved Family Day Care services. The new changes came into effect on 13 March 2017.

It is important all approved child care services be aware that there are new child care integrity requirements included through changes to the Family Assistance Law.

Three changes have been made. The changes strengthen the integrity of the child care payments and will help to ensure the delivery of high-quality, flexible and affordable child care to families.

Change One

No one is eligible for child care fee assistance for Family Day Care provided to:

  • an individual who has turned 18.
  • a child aged 14 years or older, or who attends secondary school, unless specific circumstances apply.

Change Two

Child care provided by an approved Family Day Care service is no longer a 'session of care' for Grandparent Child Care Benefit (GCCB) or Special Child Care Benefit (SCCB) purposes where reported fees involve amounts for which no individual has incurred a genuine liability, or the reported fees exceed a maximum amount of $12.67 per hour (indexed to $12.84 on 1 July 2017).

Where fees genuinely exceed the maximum amount, the care is only a 'session of care' if the Secretary of the Department of Education and Training considers that individuals have in fact incurred a liability for the fee and the fee is not above what the service would have charged if the GCCB or SCCB rate did not apply.

Change Three

Changes to the 2015 child swapping integrity measure to ensure:

  • the term 'engaged in activities for the purposes of the program' reflects the intent that specified circumstances provide for formal programmed educational activities only, which are outside the control of the Family Day Care educator
  • clarification of the requirement for evidence of an 'education' or 'work' exemptions to establish whether the session of care overlaps or conflicts with the study or work and
  • approved Family Day Care services must have evidence of a specified circumstance within the timeframes that they must report the session of care in the Child Care Management System.

The changes have been incorporated into:

Resources

The following resources provide more information regarding the new compliance measures.

Forms

Further information

If you have any questions about these new legislative changes, please email childcareintegrity@education.gov.au