Andrew Leigh (Fenner, Australian Labor Party, Shadow Assistant Minister for Treasury) Share this | Hansard source

by leave—I move together amendments (1) and (2) as circulated in the name of the member for Kingston:

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

(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)".

The member for Kingston will lead the debate on these important amendments. However, in moving them, I want to take the opportunity to take Stefano Passeri from Insight Early Learning Throsby for having me to visit last week for Early Learning Matters Week. Early Learning Matters Week is an initiative of Early Childhood Australia and a terrific chance to see the great work being done by early childhood educators across Australia

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