Document ID: chunk:federal_register_of_legislation:F2017L00166:reg:8:p1
Version: federal_register_of_legislation:F2017L00166
Segment Type: reg
Provision Reference: reg 8 (pt 1/3)
Character Range: 4444–7212

8   New sections 9 and 10

           After section 8 add:
     "9 Session of care provided to a child who is 14 years of age or older or who attends secondary school

        (1) Subject to subsection (2), a child is included in the class of children specified in this section in respect of a session of care provided to the child if:
           (a) the session of care is provided by an approved family day care service; and
           (b) at least one of the following apply:
           (i) the child is 14 years of age or older; or
           (ii)  the child is attending secondary school.

        (2) A child is not included in the class of children specified in this section in respect of a session of care provided to the child if the child is 14 years of age or older or is attending secondary school, but has not yet turned 18, and the following circumstances apply:
           (a) the child needs to be cared for by the approved family day care service because:
              (i)  the child cannot reasonably be left alone in the circumstances; and
              (ii) no individual over the age of 18 can provide suitable care to the child in the circumstances; and
              (iii) documentary evidence has been provided to the service of the matters in subparagraphs (a)(i) and (ii) by the individual, who is otherwise eligible for child care benefit for the session of care, in accordance with the timeframes stated in section 10 of this Determination; and
              (iv) an exemption listed in subsection (3) applies.

       (3) The exemptions referred to in subparagraph (2)(a)(iv) are that:
           (a)  the child is an eligible disability child or an eligible ISP child; or
           (b) the child resides in an area which is:
              (i) designated as 'remote Australia' or 'very remote Australia' as described in the Australian Statistical Geography Standard (ASGC) Volume 5 – Remoteness Structure, July 2011 (cat. no. 1270.0.55.005, published by the Australian Bureau of Statistics); and
              (ii) documentary evidence has been provided to the service of the child's residential address in accordance with the timeframes stated in section 10 of this Determination; or
           (c) the child has not yet turned 16 years of age, and each individual, for whom the child is an FTB child or a regular care child, and who would otherwise care for the child on the day on which the session of care is provided:
              (i)  is required to work for at least 5 hours on the day on which the session of care is provided in paid work which is not for an approved family day care service; and
              (ii) documentary evidence has been provided to the service setting out the requirement for the individual to usually