Hi Neil
My understanding is that classifying property as Public Benefit is a two part process.
Firstly the dominant use of the property must be in accordance with the definitions detailed on page 42 of the manual.
Secondly NSW Treasury have advised that it is important to note that councils can’t simply check if a property use is on the Public Benefit list to classify it as Public Benefit. Councils must determine whether it is operated as a not-for-profit before a property can be classified Public Benefit. If a council is not sure if an organisation is a not-for-profit, they can check if they are registered on the Australian Charities an Not-for-profits Commission (ACNC) website.
If it is not registered with ACNC the property should not be classified as Public Benefit.
So if the family day care services were carried out in a private home, it would meet the first test, but being privately owned it is unlikely to be registered with ACNC, and would fail the second test, and therefore could not be classified as Public Benefit.
Hope this helps.
Laurie
