5th Aug 2021, 11:58 AM – Representatives Family Assistance Legislation Amendment (Child Care Subsidy) Bill 2021 - Consideration in Detail - Hourly session fees

The majority voted in favour of disagreeing with amendments introduced by Fenner MP Andrew Leigh (Labor), which means they failed.

What is the purpose of these amendments?

Kingston MP Amanda Rishworth (Labor) explained that:

these amendments have one purpose—that is, to give families relief from childcare fees during COVID-19 lockdowns, when parents are asked to stay at home and not using child care but legally required to pay the full fees.

Amendment text

(1) Clause 2, page 2 (at the end of the table), add:

5. Schedule 3 | The day after this Act receives the Royal Assent.

(2) Page 12 (after line 25), at the end of the Bill, add:

Schedule 3 — Exception to duty to enforce payment of hourly session fees because of stay at home directions etc.

A New Tax System (Family Assistance) (Administration) Act 1999

1 After subsection 201B(1)

Insert:

Exception because of stay at home directions etc.

(1AA) The provider is not required to take reasonable steps in relation to a session of care provided by the service to the child if the child is not able to attend the session of care because of a law of a State or Territory (e.g. a public health direction) that:

(a) is enacted or made in reponse to the coronavirus known as COVID-19; and

(b) restricts the ability of persons to:

(i) leave their homes; or

(ii) travel a certain distance from their homes.

Note: A defendant bears an evidential burden in relation to the matters mentioned in this subsection: see subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

2 After paragraph 201C(1)(a)

Insert:

(aa) if the provider is not taking reasonable steps in relation to the session of care because of subsection 201B(1AA)—the provider charged immediately before the coming into force of the relevant restriction mentioned in that subsection; or

3 After paragraph 201C(1A)(a)

Insert:

(aa) if the provider is not taking reasonable steps in relation to the session of care because of subsection 201B(1AA)—the provider charged immediately before the coming into force of the relevant restriction mentioned in that subsection; or

4 After section 201C(1A)

Insert:

(1AA) If the approved provider of a child care service is not taking reasonable steps in relation to a session of care provided by the service to a child because of subsection 201B(1AA), the provider must not charge an individual who is eligible for CCS for the session of care an hourly session fee that exceeds the hourly session fee that the provider charged immediately before the coming into force of the relevant restriction mentioned in that subsection.

5 Subsections 201C(2) and (3)

After "(1A)", insert ", (1AA)".