Document ID: chunk:federal_register_of_legislation:F2025C00106:clause:2_8:p2
Version: federal_register_of_legislation:F2025C00106
Segment Type: clause
Provision Reference: sch 2 cl 8 (pt 2/5)
Character Range: 33323–36031

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 an IHC educator to children who are in one of the relationships, as set out below, with the IHC educator, or their partner:
 (i) FTB child;
 (ii) regular care child;
 (iii) foster care child;
 (iv) biological or adopted child;
 (v) brother, sister, half‑brother, half‑sister, step‑brother or step‑sister;
 (vi) grandchild, great‑grandchild, nephew, niece or cousin;
 (vii) foster grandchild, foster great‑grandchild, foster nephew, foster niece or foster cousin;
 (viii) a child (not mentioned in subparagraphs (i) to (vii)) for whom the IHC educator or their partner has legal responsibility, as described in paragraph 22(5)(a) or (b) of the Family Assistance Act;
 (f) where, during any part of the session, the child is attending school, or engaged in a formal schooling program (including a home schooling or distance education program);
 (g) where the session of care is taken to have been provided on a day covered by subsection (4B).
 (2) The circumstances for paragraph (1)(d) are:
 (a) the child is an eligible disability child of the individual; or
 (b) the child is an eligible ISP child of the individual; or
 (c) the child is a remote area child of the individual; or
 (d) the FDC educator:
 (i) is required to work for at least 2 hours on the care day in paid work which is not for an approved FDC service; and
 (ii) has provided documentary evidence, in accordance with subsection (4), to the provider of the FDC service that the FDC educator is usually required to work at the time the session of care is provided; or
 (e) the FDC educator:
 (i) is enrolled in a program or course of education or training towards a recognised qualification (at Certificate III level or above) provided by a registered training organisation; and
 (ii) is engaged in scheduled activities for the purposes of the program or course on the care day that overlap with the session of care; and
 (iii) has provided documentary evidence, in accordance with subsection (4), to the provider of the FDC service that the FDC educator usually studies at the time the session of care is provided.
 (3) The relationships for paragraph (1)(e) are where the child is one (or more) of the following with respect to the FDC educator or the partner of the FDC educator:
 (a) FTB child;
 (b) regular care child;
 (c) foster care child;
 (d) biological or adopted child;
 (e) brother, sister, half‑brother, half‑sister, step‑brother or step‑sister;
 (f) a child (not mentioned in paragraphs (a) to (e))