Document ID: chunk:federal_register_of_legislation:C2004C01310:clause:1_81:p2
Version: federal_register_of_legislation:C2004C01310
Segment Type: clause
Provision Reference: sch 1 cl 81 (pt 2/3)
Character Range: 98091–100731

and
 (c) the Secretary is satisfied that the child is at risk of serious abuse or neglect; and
 (d) the service applies to the Secretary under subsection (5);
the Secretary may determine the hourly rate of fee reductions for sessions of care the service provides to the child while the determination is in force.

Secretary must determine rate if service eligible and child at risk

 (4) If:
 (a) an approved child care service is eligible under section 47 for child care benefit by fee reduction for sessions of care provided by the service to a child at risk; and
 (b) the service either:
 (i) has given a certificate under section 76 such that the total period specified in that certificate and other certificates (if any) given by the service under that section in respect of the child in the same financial year equals 13 weeks; or
 (ii) is not able to give a certificate under subsection 76(2) because of the operation of section 79; and
 (c) the Secretary is satisfied that the child is at risk of serious abuse or neglect; and
 (d) the service applies to the Secretary under subsection (5);
the Secretary must determine the hourly rate of child care benefit for sessions of care the service provides to the child while the determination is in force.

Application for determination

 (5) An application under subsection (2), (3) or (4) must:
 (a) be made in the form and manner; and
 (b) contain any information; and
 (c) be accompanied by any documents;
required by the Secretary.

Determination to specify certain things

 (6) A determination must specify the rate and the period for which the determination is in force.

Period specified in the determination

 (7) The period specified in a determination:
 (a) must be a number of complete weeks; and
 (b) may start before or after the determination is made.

Notice to be given of a determination under subsection (2)

 (8) The Secretary must give notice of a determination made under subsection (2) to the individual and the service providing the care to the child.

Notice to be given of a determination under subsection (3) or (4)

 (9) The Secretary must give notice of a determination made under subsection (3) or (4) to the service providing the care to the child.

Content of notice

 (10) The notice must state:
 (a) the name of the child concerned; and
 (b) the rate determined by the Secretary in respect of sessions of care provided by the service to the child; and
 (c) that the claimant may apply for review of the determination in the manner set out in Part 5 of the Family Assistance Administration Act.

 (11) The determination is not ineffective by reason