Document ID: chunk:federal_register_of_legislation:F2025C00106:clause:2_8:p1
Version: federal_register_of_legislation:F2025C00106
Segment Type: clause
Provision Reference: sch 2 cl 8 (pt 1/5)
Character Range: 31044–33551

8  Prescribed circumstances where no eligibility for a session of care
 (1) For subparagraph 85BA(1)(c)(iii) of the Family Assistance Act, the following are circumstances in which a session of care is provided for which there is no eligibility for CCS:
 (a) where the care is provided aboard a transportation vehicle (such as a bus), unless the transport is merely incidental to a session of care being provided (such as to take children on an outing);
 (b) except for care provided by an IHC service, where the care is provided in a domestic living arrangement on residential premises where:
 (i) the care is provided in the child's own home; or
 (ii) an individual for whom the child is an FTB child or a regular care child (including a parent of the child) remains present at the location where the care is being provided, whilst the care is taking place;
 (c) where the session of care is provided by an individual as referred to in section 195D of the Family Assistance Administration Act (conditions for continued approval—working with children check), in circumstances where the provider:
 (i) is in breach of that section by not ensuring that an individual covered by the section has a current working with children check; or
 (ii) fails to provide evidence of a working with children check if requested to do so by the Secretary under section 43 of these Rules; or
 (iii) fails to comply with the requirement at item 17 of the table in section 55 of these Rules to notify the Secretary of changes in the status of a current working with children check within 24 hours after the provider becomes aware of the change of status;
 (d) where the session of care is provided by an FDC service to a child who is an FTB child or regular care child of an FDC educator, or a partner of an FDC educator, and where the session occurs on a day that the FDC educator provides care at an FDC service, unless one of the circumstances in subsection (2) apply;
 (da) where the session of care is provided by an IHC service to a child who is an FTB child or regular care child of an IHC educator, or a partner of an IHC educator, and where the session occurs on a day that the IHC educator provides care at an IHC service;
 (e) where the session of care is provided to children who are in the relationships with an FDC educator of the service, or their partner, as set out in subsection (3), who provides the care at an FDC service;
 (ea) except where subsection (4A) applies, where the session of care is provided by