Document ID: chunk:federal_register_of_legislation:F2025C00106:clause:2_8:p4
Version: federal_register_of_legislation:F2025C00106
Segment Type: clause
Provision Reference: sch 2 cl 8 (pt 4/5)
Character Range: 38276–40947

session of care is not provided because the child care service that would otherwise provide that session is closed; and
 (b) the child care service is closed for a reason other than:
 (i) a public holiday ; or
 (ii) during a period of emergency, as a direct result of that emergency.
Note: A child care service is not closed for the purposes of this subsection if only part of the service is closed.

 (5) In this section:
eligible disability child of an individual means:
 (a) a child of the individual who has been diagnosed by a medical practitioner as suffering from one or more of the conditions listed in Schedule 1; or
 (b) a child of the individual who has been diagnosed as suffering from one or more of the conditions listed in Schedule 2 by a psychologist who:
 (i) is registered with a Board established under a law of a State or Territory that registers psychologists in that State or Territory; and
 (ii) has qualifications or experience in assessing impairment in children;
and where:
 (c) documentary evidence of the diagnosis has been provided to the provider of the service providing care to the child in accordance with subsection (4); and
 (d) the diagnosis was obtained within a period of 24 months prior to the provision of the documentary evidence to the provider of the service, unless the diagnosis is, or is likely to be, permanent.
eligible ISP child of an individual means a child of the individual in respect of whom an approved child care service that is an FDC service is receiving funding, under a funding agreement entered into under the auspices of the Commonwealth Inclusion Support Programme, of IDF Family Day Care Top Up (as referred to in the Inclusion Support Programme Guidelines 2016‑2017 to 2018‑2019), but only if:
 (a) the child is undergoing assessment for disability (including an ongoing or continuous assessment, as described in those Guidelines); and
 (b) documentary evidence has been provided to the provider of the service providing care to the child in accordance with subsection (3).
engaged in scheduled activities means:
 (a) the individual is engaged in an activity on the care day that is part of a formal timetable of activities provided by the registered training organisation, and where participation in that activity can only reasonably occur at a set time on the care day; and
 (b) without limitation, could involve attending a lecture (in person, or online) or undertaking an exam, which is only scheduled at a set time on the day during which the session of care occurs;
however does not mean:
 (c) engaging in activities that are outside of the individual's formal timetable, such as where the individual