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Child Care Subsidy Minister's Rules 2017

In force Administered by
- Department of Education
This item is authorised by the following titles:

• A New Tax System (Family Assistance) (Administration) Act 1999
• A New Tax System (Family Assistance) Act 1999
• Family Assistance Legislation Amendment (Jobs for Families Child Care Package) Act 2017 Latest version View as made version F2026C00235 C52 27 February 2026

View document Legislative instrument Filter active Table of contents
- Part 1—Preliminary
- Division 1—Preliminary
- 1 Name
- 3 Authority
- 4 Definitions
- Division 2—Interpretative matters
- 5 Determining that an individual is taken to be an Australian resident
- 5A What constitutes a session of care?
- 5B Days on which sessions of care are taken to be provided—absences before child’s first attendance or after child’s last attendance
- 5BA When is an IHC or an FDC service closed?
- 5C Days on which sessions of care are taken to be provided—period of emergency
- 5D Days on which sessions of care are taken to be provided—circumstances in which medical certificate not required
- 6 Reasons for additional absences
- 7 Child care service payments
- 7A Meaning of ceases to operate any approved child care service
- 7B Meaning of ceases to operate a child care service
- Part 2—Eligibility for child care subsidy and additional child care subsidy
- Division 1—Circumstances where no one is eligible for a session of care
- 8 Prescribed circumstances where no eligibility for a session of care
- Division 1AA—Requirements for eligibility for kinds of approved child care services
- 8AA In home care services
- Division 1A—Prescribed classes of children for eligibility for CCS or ACCS
- 8A Purpose of prescribing classes of children in this Division
- 8B Children 13 years or under who are attending secondary school who do not have a prescribed disability or prescribed medical condition
- 8C Children who have a prescribed disability or prescribed medical condition
- 8D Conditions in relation to the classes of children prescribed in sections 8B and 8C
- Division 1B—Prescribed classes of children for eligibility for ACCS (child wellbeing)
- 8E  Children who are in a formal foster care arrangement
- Division 2—When children are at risk of serious abuse or neglect for ACCS (child wellbeing)
- 9 Circumstances in which a child is taken to be at risk of serious abuse or neglect—child at risk of suffering harm
- 10 Circumstances in which a child is taken to be at risk of serious abuse or neglect—child in need of care etc. under State or Territory law
- 11 Circumstances in which a child is not taken to be at risk of serious abuse or neglect
- Division 2A—Circumstances relevant to ACCS (child wellbeing) certificates and determinations
- 11A Exceptional circumstances for backdating ACCS (child wellbeing) certificates and determinations to a period of greater than 28 days, but no more than 13 weeks
- 11B Circumstances for extending ACCS (child wellbeing) determinations to a period of more than 13 weeks, but no more than 52 weeks
- Division 3—Temporary financial hardship
- 12 Circumstances in which an individual is taken to be experiencing temporary financial hardship
- Division 3A—Eligibility for ACCS (grandparent)
- 12A Criteria for eligibility for ACCS (grandparent)—payments under the ABSTUDY scheme
- Division 4—Transition to work
- 13 Additional eligibility requirements for ACCS (transition to work)
- 14 Additional eligibility requirements for individuals who ceased receiving transition to work payment fewer than 12 weeks ago
- 15 Transition to work payments
- Division 5—Requirements for eligibility for in home care
- 15A In home care provided to multiple children
- 15B Additional eligibility requirements
- Part 3—Amount of child care subsidy and additional child care subsidy
- Division 1—Hourly rate of child care subsidy
- 16 Determining hourly rate cap that applies for a session of care
- 16A Prescribed payments for determining hourly session fee
- Division 2—Circumstances for election
- 17 Election of allocation of claimant’s fortnightly entitlement between services attended by the child
- Division 3—Recognised participation types
- Subdivision A—General
- 18 Application—unlawful purposes
- Subdivision B—Additional participation types
- 19 Unpaid work experience
- 20 Unpaid work in a family business
- 21 Voluntary work
- 22 Actively looking for work
- 23 Actively setting up a business
- 23A Australian courses of study
- Subdivision C—Associated participation types
- 25 Leave from paid work
- 26 Training course—self-directed study
- 27 Training course—break in course
- 28 Approved course of education or study—self-directed study
- 29 Approved course of education or study—break in course
- Subdivision D—Hours during which participation types are engaged in
- 30 Individual engages in paid work over variable hours
- Division 4—Minister’s rules result
- Subdivision A—Preliminary
- 31 Scope
- Subdivision B—Circumstances in which an individual has a Minister’s rule result—general
- 32 Individuals with disabilities or impairments
- 33 Individual temporarily outside Australia
- 34 Individual in gaol or psychiatric confinement
- 35 Individual or an individual’s partner is a grandparent or great-grandparent
- 36 Individual receiving a carer payment
- 37 Individual providing constant care
- 38 Individual receiving a carer allowance
- 39 Individual receiving a jobseeker payment, youth allowance, parenting payment or special benefit
- Part 3A—Withholding Amount
- 40A Prescribed percentage
- Part 3B—Publication of certain information relating to approved providers
- 40B Prescribed information
- Part 4—Approval of provider of child care services
- Division 1—Application for approval
- 41A  Circumstances in which application for approval and variation taken not to be made—application exclusion period
- 42 Who may apply for approval
- Division 2—Provider eligibility rules
- 43 Additional rules for provider eligibility
- Division 3—Service eligibility rules
- 44 Additional prescribed matters for service eligibility
- 45 Additional criteria for service eligibility rules
- Division 4—Fit and proper person considerations
- 46 Additional matters to take into account
- Division 4A—Quality and safety considerations
- 46AA Meaning of serious incident
- Division 5—Conditions for continued approval
- 46A Minimum operating periods for approved child care services—suspension on request
- 47 Provision of care by an FDC educator to relatives
- 47A Approved provider must give certain information about prescribed payments
- 48 Approved child care services must continue to be operated by approved provider and as the same service type
- 48A Additional conditions for continued approval for approved providers of in home care services
- 48AA Additional conditions for continued approval for approved providers of in home care services—requirements for IHC educators
- 48B Provider must not offer certain inducements
- 48C Additional condition for continued approval for providers reimbursed by individuals for debts—absences before first attendance and after last attendance
- 48D Additional condition for continued approval for providers in receipt of the Ex-Tropical Cyclone Alfred Support payment
- 49 Additional conditions for continued approval for child care services to which section 50 applies
- Division 5A—Allocation of places to in home care services
- 49A Application of Division
- 49AA What constitutes a child care place?
- 49B Matters to be taken into account in allocating places
- 49C Maximum number of child care places that can be allocated
- Division 6—Certain child care services not required to meet State/Territory requirements
- 50  Certain providers not required to meet State/Territory requirements
- 51 Certain providers not subject to minimum operating period
- Division 7— Consequences of breach of conditions for continued approval
- 52 Matters the Secretary must take into account in exercising the power to impose a sanction on an approved provider
- 53 Matters the Secretary must have regard to in specifying the day of effect of a revocation of a suspension
- Division 8—Backdating of approvals etc.
- 54 Modifications dealing with backdated approval
- Part 5—Provider requirements
- Division 1AA—Requirements for large child care providers
- 54AA Financial reporting requirements for large child care providers
- Division 1A—Payment of hourly session fees and prescribed circumstances discounts
- 54A Exceptions to requirements for making payments
- 54B Prescribed circumstances discount for sessions of care provided during periods of emergency
- Division 1—Requirement to notify Secretary of certain matters
- 55 Matters that must be notified to the Secretary
- Division 2—Requirements in relation to children of a prescribed class of sessions of care for which there is no eligibility for CCS
- 56 Requirements in relation to care given at FDC services to children of FDC educators
- Part 6—Business continuity payments
- Division 1—General
- 57AA Application
- 57 Circumstances in which a business continuity payment may be made
- 58 Method of determining payment amount
- 59 Weekly amount where the provider has previously received a fee reduction amount in respect of the service
- 60 Weekly amount where the provider has not previously received a fee reduction amount in respect of the service
- Division 2—Ex-Tropical Cyclone Alfred Support payment
- 60A Definitions
- 60B Purpose
- 60C Eligibility criteria
- 60D Period
- 60E Payment amount
- Part 6A—Application, savings and transitional provisions
- Division 1—Amendments made by the Child Care Subsidy Minister’s Amendment (Building on the Child Care Package and Other Measures) Rules 2020
- 61AA Definitions
- 61AB Application—additional criteria for eligibility for ACCS payments
- Division 2—Transitional rules for the Family Assistance Legislation Amendment (Cheaper Child Care) Act 2022
- 61AC Nature of transitional rules
- 61AD Information that child is an Aboriginal or Torres Strait Islander child
- 61AE Application of amendments
- Part 7—Transitional rules for the Jobs for Families Act
- Division 1—Preliminary
- 61 Nature of transitional rules
- Division 2—Continuity of certain matters
- 62 Continuity of absences
- 62A Continuity of immunisation grace period during transition
- Division 3—Limitations and other matters
- 63 Limitation on amendments to attendance reports
- 64 Certain operators of existing approved child care services not deemed to be approved providers under the family assistance law
- 65 Special rate of child care benefit for periods prior to commencement day
- 66 Limitations on determinations of temporary financial hardship
- 67 Debts arising from overpayments made before the commencement day
- 67A Outstanding enrolment advances after the commencement day
- 68 Lump sum payments in respect of sessions of care before the commencement day
- Division 4—Determining deemed claims for CCS
- 69 Deemed claims for CCS that cannot be determined before 24 September 2018
- Division 5—Backdating applications for ACCS (grandparent)
- 70 ACCS (grandparent) applications made on or before 23 September 2018
- Division 6—Arrangements and enrolments of children prior to the commencement day
- 71 Pre-commencement arrangements taken to be complying written arrangements
- Division 8—Compliance processes after the commencement day in respect of prior conduct
- 74 Notices intending to impose a sanction
- 75 Sanctions after the commencement day in respect of prior breaches
- Division 9—Continuation of conditions for continued approval
- 76 Conditions for continued approval that applied prior to commencement day
- Division 10—Modifications to working with children card requirements
- 77 Working with children card details required in relation to certain individuals
- Part 8—Miscellaneous
- 78 Grant purposes supported by standing appropriation
- Schedule 1—Diagnosed conditions
- Schedule 2—Diagnosed conditions
- Endnotes
- Endnote 1—About the endnotes
- Endnote 2—Abbreviation key
- Endnote 3—Legislation history
- Endnote 4—Amendment history