Simon Birmingham (SA, Liberal Party, Minister for Education and Training) Share this | Hansard source

Senator Bernardi, yes, you raised with me today some issues that we had some questions asked of us at additional estimates, earlier this year on 1 March, as the letter notes. You correctly identified at additional estimates some guidelines which you then identified were used during the enrolment practices of at least a centre, where a constituent had come to you. That centre had advised your constituent that they could lose their place, essentially, if somebody higher on the priority order came along, even after their child had already been enrolled in that childcare centre. You are correct. That exchange at additional estimates was the first I had ever heard of those guidelines in that form, and officials did work out which guidelines you were referring to and that the centre was accurately reflecting the guidelines that had been in existence since 2000.

As we indicated at additional estimates, but did not have all the information in front of us at the time, the department was already out, as they have been across a range of different rules and guidelines, consulting on new guidelines to apply under this package. Officials did indicate at additional estimates that the provisions of concern you had identified were not part of those new drafts that had been out for consultation and discussions.

I can confirm that those new drafts simplify the priority provisions, as you have read out, to a first priority being a child at risk of serious abuse or neglect and a second priority being a child of a single parent who satisfies or parents who both satisfy the activity test through undertaking paid work, whether or not as an employee. They are simple, straightforward priorities. I also note and emphasise that the guidelines apply to vacant places only. In that instance, centres will not be under the guidelines asking anybody to vacate a place that their child is already settled into, to create room for anybody else, even with these much streamlined and simplified guidelines.

These guidelines have been the subject of consultations, and this simplified approach was supported in the sector, which is no doubt happy to be removed of that responsibility of possibly having to ask somebody to move on and take their child out of a place in which they have been enrolled. With that in mind, I am very happy to give you and the chamber an undertaking and confirmation that the government is happy with the draft guidelines that have been consulted on. And we will not be reinserting any of the previous provisions or anything like it.

Senator Bernardi asked about the activity test as well. Yes, absolutely, the activity test applies to everybody. In meeting that, it is about the hours of activity, as defined, regardless of any circumstance that you may face meeting that minimum entry point of four hours of working, studying or volunteering with the various other factors I have addressed tonight, including job searching and the like, and of course noting some of the other safety net elements that have been the subject of debate tonight as well.

The CHAIR: The question is that amendments (1) to (5) on sheet 8103 moved by Senator Leyonhjelm be agreed to.