Family Assistance Legislation Amendment (Early Childhood Education and Care Coronavirus Response and Other Measures) Bill 2021

The majority voted in favour of disagreeing to the amendments, which means they failed. Kingston MP Amanda Rishworth (Labor), who introduced the amendments, explained that:

… this amendment before the House gives families relief from childcare fees during government directed lockdowns.

It is a feature of the current childcare subsidy system that, under normal circumstances, providers are legally required to enforce payment of their hourly sessional fees... But, in these unusual circumstances, what this has meant is that families are slugged with gap fees during pandemic lockdowns, unless the government chooses to grant an exemption… The government chose to use this power during the national lockdown last year and the second lockdown in Victoria but unfortunately did not choose to use this power for more recent city based lockdowns in Perth, Brisbane, Adelaide and Melbourne. Under these public health lockdowns, most families were directed by their state governments to stay at home with their children to protect the community. The childcare centres, though, had to stay open to serve essential workers. These centres have been legally required to charge all the families gap fees during those lockdown periods. … This is a sensible amendment. It removes the inequitable minister's discretion, as they've been using it, and it puts it in the bill so that the exemption is automatically triggered when a stay-at-home order is issued. In other words, it gives services an automatic exemption from charging gap fees as soon as a lockdown is proclaimed.

Amendment text

(1) Clause 2, page 2 (table item 8, column 1), omit "Part 8", substitute "Parts 8 and 9".

(2) Schedule 1, page 17 (after line 8), at the end of the Schedule, add:

Part 9—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

54 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 response 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.

55 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

56 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

57 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.

58 Subsections 201C(2) and (3) After "(1A)", insert ", (1AA)".