Document ID: chunk:federal_register_of_legislation:F2025C00106:clause:2_5b:p1
Version: federal_register_of_legislation:F2025C00106
Segment Type: clause
Provision Reference: sch 2 cl 5B (pt 1/2)
Character Range: 22211–24791

5B  Days on which sessions of care are taken to be provided—absences before child's first attendance or after child's last attendance
 (1) For the purposes of subsections 10(2A) and (3A) of the Family Assistance Act, this section sets out the circumstances in which subparagraphs 10(2)(b)(ii) and (iii) and (3)(c)(ii) and (iii) of that Act do not apply.
Note: If a circumstance in this section exists, a child care service can be taken to have provided a session of care to a child on a day:
(a) before the child first attends a session of care with the service; or
(b) after the child last attends a session of care with the service.
 (2) The circumstances are as follows:
 (a) both:
 (i) the child is absent from a session of care on a day in the extended period because of a reason specified in subsection 10(4) of the Family Assistance Act; and
 (ii) if paragraph 10(3)(e) of that Act will apply in relation to the absence, the service has been given a certificate that was issued by a medical practitioner in relation to the illness;
 (b) the ownership of the child care service changes during the extended period;
 (c) the child care service closes during the extended period and the child attends a session of care provided by:
 (i) where the service is an FDC service or an IHC service—the service at another location; or
 (ii) another child care service of the approved provider;".
 (d) the family of the child experiences a tragedy within the period beginning 28 days before the day in the extended period on which the absence occurs.
Note: For subparagraph (a)(i), see section 6 of these Rules for additional reasons prescribed for the purposes of subsection 10(4) of the Family Assistance Act.
 (3) For the purposes of subsection (2), each of the following periods are the extended period:
 (a) the period:
 (i) beginning on the sixth day before the day (the first attendance day) on which the child first attends a session of care provided by the child care service; and
 (ii) ending on the first attendance day;
 (b) the period:
 (i) beginning on the day (the last attendance day) the child last attends a session of care provided by the service before the child ceases to be enrolled for care by the service; and
 (ii) ending on the sixth day after the last attendance day.
 (4) For the purposes of paragraph (2)(d), but without limiting that paragraph, the family of the child experiences a tragedy if:
 (a) an immediate family member of the child experiences a serious injury or illness or dies; or
 (b) an individual who cares for the child ceases to be a member