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This is a Bill, not an Act. For current law, see the Acts databases.
2019-2020
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Family Assistance Legislation
Amendment (Improving Assistance for
Vulnerable and Disadvantaged Families)
Bill 2020
No. , 2020
(Education)
A Bill for an Act to amend the law relating to
family assistance, and for related purposes
No. , 2020
Family Assistance Legislation Amendment (Improving Assistance for
Vulnerable and Disadvantaged Families) Bill 2020
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--ACCS (child wellbeing) and technical
amendments
3
A New Tax System (Family Assistance) Act 1999
3
A New Tax System (Family Assistance) (Administration) Act 1999
4
Schedule 2--Review of certain CCS decisions
6
A New Tax System (Family Assistance) (Administration) Act 1999
6
No. , 2020
Family Assistance Legislation Amendment (Improving Assistance for
Vulnerable and Disadvantaged Families) Bill 2020
1
A Bill for an Act to amend the law relating to
1
family assistance, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the
Family Assistance Legislation Amendment
5
(Improving Assistance for Vulnerable and Disadvantaged
6
Families) Act 2020
.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Family Assistance Legislation Amendment (Improving Assistance for
Vulnerable and Disadvantaged Families) Bill 2020
No. , 2020
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
items 1 to 6
1 July 2021.
1 July 2021
3. Schedule 1,
item 7
Immediately after Schedule 2 to the
Family
Assistance Legislation Amendment (Building
on the Child Care Package) Act 2019
commenced.
13 December
2019
4. Schedule 1,
item 8
Immediately after Part 1 of Schedule 1 to the
Family Assistance Legislation Amendment
(Building on the Child Care Package) Act
2019
commenced.
16 December
2019
5. Schedule 2
The first day on the first CSS fortnight
(within the meaning of the
A New Tax
System (Family Assistance) Act 1999
) that
begins after this Act receives the Royal
Assent.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
concerned, and any other item in a Schedule to this Act has effect
11
according to its terms.
12
ACCS (child wellbeing) and technical amendments
Schedule 1
No. , 2020
Family Assistance Legislation Amendment (Improving Assistance for
Vulnerable and Disadvantaged Families) Bill 2020
3
Schedule 1--ACCS (child wellbeing) and
1
technical amendments
2
3
A New Tax System (Family Assistance) Act 1999
4
1 Paragraph 85CA(2)(b)
5
Repeal the paragraph, substitute:
6
(b) at the time the session of care is provided:
7
(i) the provider is not able to identify an individual who is
8
eligible for CCS for the session of care; or
9
(ii) the child is a member of a class prescribed by the
10
Minister's rules; and
11
(ba) at the time the session of care is provided:
12
(i) the child is 13 or under and does not attend secondary
13
school, or the requirements covered by subsection (3)
14
are satisfied; and
15
(ii) the child meets the immunisation requirements in
16
section 6; and
17
2 Subsection 85CA(3)
18
Omit "(2)(b)(ii)", substitute "(2)(ba)(i)".
19
3 After subsection 85CB(2)
20
Insert:
21
(2A) The Secretary may extend the period of 28 days referred to in
22
paragraph (2)(c), to a period of no more than 13 weeks, if the
23
Secretary is satisfied that an exceptional circumstance prescribed
24
by the Minister's rules exists.
25
4 Subparagraph 85CE(5)(b)(ii)
26
Before "cannot exceed", insert "unless subsection (5A) applies--".
27
5 After subsection 85CE(5)
28
Insert:
29
Schedule 1
ACCS (child wellbeing) and technical amendments
4
Family Assistance Legislation Amendment (Improving Assistance for
Vulnerable and Disadvantaged Families) Bill 2020
No. , 2020
(5A) If the child is a member of a class prescribed by the Minister's
1
rules for the purposes of subparagraph 85CA(2)(b)(ii), the
2
unbroken period of weeks for which the determination and any of
3
the following have effect cannot exceed 13 weeks:
4
(a) a certificate given by the provider under section 85CB in
5
relation to the child;
6
(b) one or more other determinations under this section that
7
relate to the child.
8
(5B) The Secretary may extend the period of 28 days referred to in
9
paragraph (5)(a), to a period of no more than 13 weeks, if the
10
Secretary is satisfied that an exceptional circumstance prescribed
11
by the Minister's rules exists.
12
(5C) The Secretary may extend the period of 13 weeks referred to in
13
subparagraph (5)(b)(ii), to a period of no more than 12 months, if
14
the Secretary is satisfied that a circumstance prescribed by the
15
Minister's rules exists in relation to the child.
16
A New Tax System (Family Assistance) (Administration) Act
17
1999
18
6 Paragraph 67CH(1)(c)
19
Repeal the paragraph, substitute:
20
(c) the provider has given the Secretary a declaration, in a form
21
approved by the Secretary:
22
(i) for a certificate or determination in effect because of
23
subparagraph 85CA(2)(b)(i) of the Family Assistance
24
Act--that the provider has made reasonable endeavours
25
to identify an individual who is eligible for CCS (child
26
wellbeing) for the sessions of care and has not been able
27
to identify anyone; or
28
(ii) for a certificate or determination in effect because of
29
subparagraph 85CA(2)(b)(ii) of the Family Assistance
30
Act--that the child is in a class prescribed for the
31
purposes of that subparagraph.
32
7 Subparagraphs 197G(1)(b)(ii) and (iii)
33
Repeal the subparagraphs, substitute:
34
ACCS (child wellbeing) and technical amendments
Schedule 1
No. , 2020
Family Assistance Legislation Amendment (Improving Assistance for
Vulnerable and Disadvantaged Families) Bill 2020
5
(ii) the service is subject to a determination under
1
section 195C that the service need not operate for the
2
period;
3
(iii) the Secretary is satisfied that, because of special
4
circumstances affecting the service, the provider's
5
approval should not be so varied.
6
8 At the end of subsection 204K(6)
7
Add:
8
Civil penalty:
50 penalty units.
9
Schedule 2
Review of certain CCS decisions
6
Family Assistance Legislation Amendment (Improving Assistance for
Vulnerable and Disadvantaged Families) Bill 2020
No. , 2020
Schedule 2--Review of certain CCS decisions
1
2
A New Tax System (Family Assistance) (Administration) Act
3
1999
4
1 At the end of section 105E
5
Add:
6
Member of a couple for part of a year
7
(4) Subsections (5) and (6) apply to the review, under this section, by
8
the Secretary of a child care decision that relates to an individual
9
who is a member of a couple on one or more, but not all, of the
10
first Mondays in CCS fortnights that start in an income year.
11
(5) The Secretary must apply Part 1 of Schedule 2 to the Family
12
Assistance Act in relation to each CCS fortnight that starts in the
13
income year as if paragraph 3AA(2)(b) of Schedule 3 to the Family
14
Assistance Act had not been enacted.
15
(6) If the individual is a member of a couple on the first Monday in a
16
CCS fortnight that starts in the income year, the Secretary must
17
apply Part 1 of Schedule 2 to the Family Assistance Act in relation
18
to the fortnight as if:
19
(a) the individual's adjusted taxable income for the year included
20
the adjusted taxable income for the year for the other member
21
of the couple; and
22
(b) paragraph 1(3)(b) of Schedule 2 to the Family Assistance Act
23
were replaced with the following paragraph:
24
"(b) if the individual is a member of a couple on the first Monday
25
in one or more CCS fortnights that start in the income year--
26
CCS the other member of the couple is entitled to be paid for
27
sessions of care provided to the same child in those
28
fortnights."
29
(7) To avoid doubt, subsections (5) and (6) have effect despite Part 1
30
of Schedule 2 to the Family Assistance Act.
31
Review of certain CCS decisions
Schedule 2
No. , 2020
Family Assistance Legislation Amendment (Improving Assistance for
Vulnerable and Disadvantaged Families) Bill 2020
7
2 Application
1
(1)
The amendment made by item 1 applies in relation to reviews of child
2
care decisions in relation to sessions of care provided in CCS fortnights
3
starting in the 2019-2020 income year, and later income years.
4
(2)
The amendment made by item 1 has no effect to the extent (if any) to
5
which it would:
6
(a) result in an acquisition of property (within the meaning of
7
paragraph 51(xxxi) of the Constitution) from a person
8
otherwise than on just terms (within the meaning of that
9
paragraph); or
10
(b) impose taxation (within the meaning of section 55 of the
11
Constitution).
12