The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

1.1.S.40 Sessions of care (CCS)

Definition

A 'session of care' is the period of time that an approved provider (1.1.A.90) charges a fee to an individual (1.1.I.90) for providing child care. A session of care may be any length up to a maximum of 12 hours.

To avoid doubt, a genuine legal liability must arise under an arrangement (4.13.2) which requires an individual to pay the fee irrespective of any payment made by the Secretary under the FA law to discharge some or all of that liability.

Approved providers and individuals need to agree, under a CWA, on the details of the sessions of care the individual will be liable to pay for, including the length of the sessions. Depending on charging practices of approved providers, individuals may be charged for a full session of care even if their child does not attend the whole session.

Example: An OSHC service offers a session of care from 3.00 pm to 6.00 pm, for which it charges parents a flat rate of $25 per session. A child attends care from 3:00 pm until 5:00 pm. Although the child has attended 2 hours of care, the parent has a genuine liability for 3 hours of care and their CCS entitlement (1.1.E.30) will be calculated for 3 hours.

A session of care generally cannot be reported during a time when the approved provider is not open and available to provide child care (except where the service is closed due to a public holiday or a period of emergency).

Reporting care where there is no eligibility for CCS or ACCS or where no care occurred may be an offence or breach of a civil penalty provision under FA law.

Act reference: FAAct section 9 Session of care

CCSMinRules section 5A What constitutes a session of care?, Part 2 Division 1—Circumstances where no one is eligible for a session of care

Policy reference: FA Guide 4.7.4 CCS & ACCS absences before child's first attendance or after child's last attendance

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