{"id":"C1972A00121","name":"Child Care Act 1972","slug":"child-care-act-1972","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"121 of 1972","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":2510,"registerId":"commonwealth-C1972A00121-current","compilationNumber":null,"startDate":"2026-03-29","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part I","sectionType":"part","heading":"Preliminary","content":"## Part I—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"#### 1 Short title\n\n This Act may be cited as the Child Care Act 1972.","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n This Act shall come into operation on the day on which it receives the Royal Assent.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Interpretation","content":"#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25‑5(5) of the Australian Charities and Not‑for‑profits Commission Act 2012.\n\n> body includes an association and society.\n\n> building includes a part of a building and an addition to a building and, in Part VI, includes any other improvement on land.\n\n> child care means the care of children at a time or times when they are not being cared for in their own homes or in the homes of other persons.\n\n> child care centre has the meaning given by section 4A.\n\n> Child Care Standards Committee means the committee established under section 14.\n\n> eligible child care centre has the meaning given by section 4B.\n\n> family assistance law means any one or more of the following:\n\n (a) the A New Tax System (Family Assistance) Act 1999;\n (b) the A New Tax System (Family Assistance) (Administration) Act 1999;\n (c) any instrument (including regulations) made under the A New Tax System (Family Assistance) Act 1999 or the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n> home does not include an orphanage or like institution.\n\n> information includes estimates.\n\n> officer means a person performing duties, or exercising powers or functions, under or in relation to this Act and, in relation to a provision of Part IIIA, includes:\n\n (a) a person who has been such a person; and\n (b) a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information about a person under this Act; and\n (c) a person who, although not appointed or employed by the Commonwealth, performs or performed services for the Commonwealth and who, as a result of performing those services, may acquire or has acquired information about a person under this Act.\n\n> operator, in relation to an eligible child care centre, means the person or body operating, or proposing to operate, the centre.\n\n> place includes a proposed place.\n\n> protected information means:\n\n (a) information about a person or a child care service that is or was held in the records of the Department; or\n (b) information that there is no information about a person or a child care service held in such records.\n (2) For the purposes of this Act, a thing is taken to be done or required for a permitted purpose if it is done or required:\n (a) for the purposes of this Act; or\n (b) for the purposes of a family assistance law;","sortOrder":3},{"sectionNumber":"4A","sectionType":"section","heading":"Child care centres","content":"#### 4A Child care centres\n\n (1) Subject to subsection (2), a child care centre is a place:\n (a) that provides, or proposes to provide, child care for children:\n (i) all of whom are residing in their own homes; and\n (ii) all or the majority of whom are of pre‑school age; and\n (iii) all or the majority of whom attend the place on a regular basis; and\n (b) in relation to which either of the following subparagraphs applies:\n (i) the place provides, or proposes to provide, that child care:\n (A) for not less than 8 hours on each normal working day; and\n (B) on all normal working days in not less than 48 weeks in the year;\n (ii) the place is a place that the Minister determines should be treated as a child care centre for the purposes of this Act.\n (2) For the purposes of Part IVA, a place is a child care centre whether or not all or the majority of the children for whom child care is provided at the place attend the place on a regular basis.","sortOrder":4},{"sectionNumber":"4B","sectionType":"section","heading":"Eligible child care centres","content":"#### 4B Eligible child care centres\n\n For the purposes of this Act, a child care centre is an eligible child care centre if:\n (a) the centre is operated, or proposed to be operated, by an entity that meets the requirements of columns 1 and (if applicable) 2 of an item of the following table; and\n (b) the Minister determines that the centre is an eligible child care centre for the purposes of this Act:\n\n```html\n

Entities that operate eligible child care centres

Item

Column 1

The entity is …

Column 2

1

a body corporate that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

not applicable

2

a body corporate that is not an ACNC type of entity

the body corporate is:

(a) not carried on for the purpose of profit or gain; and

(b) not a Commonwealth, State or Territory authority

3

the trustee of a trust that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

not applicable

4

the trustee of a trust that is not an ACNC type of entity

the trust is established by an entity that meets the requirements of item 1, 2, 3, 7 or 8

5

an unincorporated body that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

the unincorporated body is approved by the Minister for the purposes of this item

6

an unincorporated body that is not an ACNC type of entity

the unincorporated body is:

(a) not carried on for the purpose of profit or gain; and

(b) approved by the Minister for the purposes of this item

7

the Australian Capital Territory

not applicable

8

a local governing body established by or under State or Territory law

not applicable

\n```","sortOrder":5},{"sectionNumber":"4C","sectionType":"section","heading":"Guidelines for eligible child care centres","content":"#### 4C Guidelines for eligible child care centres\n\n The Minister may, by legislative instrument, make guidelines with respect to the exercise of the Minister’s powers under section 4B.","sortOrder":6},{"sectionNumber":"Part II","sectionType":"part","heading":"Capital grants","content":"An Act to provide for assistance by the Commonwealth in respect of places where children all or the majority of whom are under school age may be cared for, in respect of the development of such places and in respect of research in connection with the care of children, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Child Care Act 1972.\n\n#### 2 Commencement\n\n This Act shall come into operation on the day on which it receives the Royal Assent.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25‑5(5) of the Australian Charities and Not‑for‑profits Commission Act 2012.\n\n> body includes an association and society.\n\n> building includes a part of a building and an addition to a building and, in Part VI, includes any other improvement on land.\n\n> child care means the care of children at a time or times when they are not being cared for in their own homes or in the homes of other persons.\n\n> child care centre has the meaning given by section 4A.\n\n> Child Care Standards Committee means the committee established under section 14.\n\n> eligible child care centre has the meaning given by section 4B.\n\n> family assistance law means any one or more of the following:\n\n (a) the A New Tax System (Family Assistance) Act 1999;\n (b) the A New Tax System (Family Assistance) (Administration) Act 1999;\n (c) any instrument (including regulations) made under the A New Tax System (Family Assistance) Act 1999 or the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n> home does not include an orphanage or like institution.\n\n> information includes estimates.\n\n> officer means a person performing duties, or exercising powers or functions, under or in relation to this Act and, in relation to a provision of Part IIIA, includes:\n\n (a) a person who has been such a person; and\n (b) a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information about a person under this Act; and\n (c) a person who, although not appointed or employed by the Commonwealth, performs or performed services for the Commonwealth and who, as a result of performing those services, may acquire or has acquired information about a person under this Act.\n\n> operator, in relation to an eligible child care centre, means the person or body operating, or proposing to operate, the centre.\n\n> place includes a proposed place.\n\n> protected information means:\n\n (a) information about a person or a child care service that is or was held in the records of the Department; or\n (b) information that there is no information about a person or a child care service held in such records.\n (2) For the purposes of this Act, a thing is taken to be done or required for a permitted purpose if it is done or required:\n (a) for the purposes of this Act; or\n (b) for the purposes of a family assistance law;\n\n#### 4A Child care centres\n\n (1) Subject to subsection (2), a child care centre is a place:\n (a) that provides, or proposes to provide, child care for children:\n (i) all of whom are residing in their own homes; and\n (ii) all or the majority of whom are of pre‑school age; and\n (iii) all or the majority of whom attend the place on a regular basis; and\n (b) in relation to which either of the following subparagraphs applies:\n (i) the place provides, or proposes to provide, that child care:\n (A) for not less than 8 hours on each normal working day; and\n (B) on all normal working days in not less than 48 weeks in the year;\n (ii) the place is a place that the Minister determines should be treated as a child care centre for the purposes of this Act.\n (2) For the purposes of Part IVA, a place is a child care centre whether or not all or the majority of the children for whom child care is provided at the place attend the place on a regular basis.\n\n#### 4B Eligible child care centres\n\n For the purposes of this Act, a child care centre is an eligible child care centre if:\n (a) the centre is operated, or proposed to be operated, by an entity that meets the requirements of columns 1 and (if applicable) 2 of an item of the following table; and\n (b) the Minister determines that the centre is an eligible child care centre for the purposes of this Act:\n\n```html\n

Entities that operate eligible child care centres

Item

Column 1

The entity is …

Column 2

1

a body corporate that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

not applicable

2

a body corporate that is not an ACNC type of entity

the body corporate is:

(a) not carried on for the purpose of profit or gain; and

(b) not a Commonwealth, State or Territory authority

3

the trustee of a trust that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

not applicable

4

the trustee of a trust that is not an ACNC type of entity

the trust is established by an entity that meets the requirements of item 1, 2, 3, 7 or 8

5

an unincorporated body that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

the unincorporated body is approved by the Minister for the purposes of this item

6

an unincorporated body that is not an ACNC type of entity

the unincorporated body is:

(a) not carried on for the purpose of profit or gain; and

(b) approved by the Minister for the purposes of this item

7

the Australian Capital Territory

not applicable

8

a local governing body established by or under State or Territory law

not applicable

\n```\n\n#### 4C Guidelines for eligible child care centres\n\n The Minister may, by legislative instrument, make guidelines with respect to the exercise of the Minister’s powers under section 4B.\n\n## Part II—Capital grants\n\n### Division 1—Approved projects\n\n#### 5 Interpretation of Division 1\n\n (1) In this Division, unless the contrary intention appears:\n\n> alteration, in relation to a building or other improvement on land, includes an addition to the building or improvement.\n\n> approved project means the purchase or proposed purchase of land, or the construction or alteration or proposed construction or alteration of a building or other improvement on land, approved under section 6.\n\n> capital cost, in relation to an approved project, means:\n\n (a) where the approved project is the purchase or proposed purchase of land, the sum of:\n (i) such amount in respect of the land, not including any buildings or other improvements on the land, as the Minister determines;\n (ii) such amount in respect of any buildings or other improvements on the land (being buildings or improvements that the Minister is satisfied are used, or are to be used, for or in connexion with an eligible child care centre) as the Minister considers represents that part of the cost of purchasing the land that is attributable to those buildings or improvements; and\n (iii) such amount as the Minister is satisfied is the cost of making any alterations to any building or other improvements on the land that the Minister is satisfied are necessary for or in connexion with the provision of an eligible child care centre; or\n (b) where the approved project is the construction or alteration of a building or other improvement on land, such amount as the Minister is satisfied is the cost of constructing or altering the building or other improvement.\n (2) For the purposes of this Division, the cost of constructing, altering or adding to a building includes the cost of installing such fixtures (including the cost of the fixtures) as the Minister approves.\n\n#### 6 Approval of projects\n\n (1) Subject to this section, where the Minister is satisfied that:\n (a) the operator of an eligible child care centre:\n (i) has purchased, or proposes to purchase, any land, including land on which buildings or other improvements are constructed; or\n (ii) has constructed or altered, or proposes to construct or alter, a building or any other improvement on any land; and\n (b) the land purchased or proposed to be purchased, or the building or improvement constructed or altered or proposed to be constructed or altered, is used, or is to be used, permanently by the operator in relation to the centre;\n the Minister may approve, for the purposes of this Division, the purchase or proposed purchase or the construction or alteration or the proposed construction or alteration, as the case may be.\n\n#### 7 Grants for approved projects\n\n (1) The Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an eligible child care centre of an amount not exceeding the capital cost of an approved project.\n\n### Division 2—Approved equipment\n\n#### 8 Interpretation of Division 2\n\n In this Division, unless the contrary intention appears:\n\n> acquisition includes acquisition by way of exchange or purchase or by way of taking on lease, on hire, on hire‑purchase or on lease and purchase.\n\n> approved equipment means equipment approved under section 9 or equipment included in a class of equipment approved under that section.\n\n> cost, in relation to the acquisition by the operator of an eligible child care centre of approved equipment, means the sum of the amounts that the Minister is satisfied is the cost of acquiring the equipment and such amount (if any) in respect of altering, adding to or installing the equipment as the Minister determines.\n\n#### 9 Approval of equipment\n\n The Minister may approve equipment or classes of equipment for the purposes of this Division.\n\n#### 10 Grants for approved equipment\n\n The Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an eligible child care centre of an amount not exceeding the cost of the acquisition by the operator of approved equipment.\n\n## Part III—Recurrent grants\n\n### Division 1—Grants for new eligible child care centres\n\n#### 12 Grants in relation to establishment of new eligible child care centres\n\n (1) Where, at any time during the 6 weeks immediately before an eligible child care centre first begins to provide child care, a person is employed by the operator of the centre to establish it, the Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an amount not exceeding the amount of the salary or wages paid to the person in respect of that period by the operator.\n (2) The Minister may authorize the payment to the operator of an eligible child care centre of an advance or advances in respect of a grant that may become payable to the operator under subsection (1).\n (3) In this section salary or wages in relation to a person referred to in subsection (1), means salary or wages at the rate fixed by an award, order, determination or agreement made, or having effect under, a law of the Commonwealth, of a State or of a Territory, or if no such rate is applicable, the rate of salary or wages determined by the Minister.\n\n## Part IIIA—Confidentiality\n\n#### 12J Authorised access to and use of protected information\n\n (1) A person may obtain protected information if the information is obtained for a permitted purpose.\n\n> Note: In certain circumstances it is an offence for a person to obtain protected information without authority (see section 12K).\n\n (2) A person may:\n (a) make a record of protected information; or\n (b) disclose protected information to any person; or\n (c) otherwise use protected information;\n if the record, disclosure or use made of the information by the person is made:\n (d) for a permitted purpose; or\n (e) for the purpose for which the information was disclosed to the person under section 12M or 12N.\n\n> Note: In certain circumstances it is an offence for a person to use protected information without authority (see section 12L).\n\n#### 12K Offence—unauthorised access to protected information\n\n A person commits an offence if:\n (a) the person obtains information; and\n (b) the information is protected information; and\n (c) the person:\n (i) is not authorised or required by or under this Act or a family assistance law; and\n (ii) has no other lawful authority;\n to obtain the information; and\n (d) the person knows, or is reckless as to whether, the information is protected information.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12L Offence—unauthorised use of protected information\n\n A person commits of an offence if:\n (a) the person:\n (i) makes a record of; or\n (ii) discloses to any other person; or\n (iii) otherwise makes use of;\n information; and\n (b) the information is protected information; and\n (c) the person:\n (i) is not authorised or required by or under this Act or a family assistance law; and\n (ii) has no other lawful authority;\n to make the record, disclosure or use of the information that is made by the person; and\n (d) the person knows, or is reckless as to whether, the information is protected information.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12M Protection extends to court, tribunal etc. proceedings\n\n An officer must not, except for a permitted purpose, be required:\n (a) to produce any document in his or her possession; or\n (b) to disclose any matter or thing of which he or she had notice;\n by reason of the performance or exercise of his or her duties, functions or powers under this Act or a family assistance law to:\n (c) a court; or\n (d) a tribunal; or\n (e) an authority; or\n (f) a person;\n having power to require the production of documents or the answering of questions.\n\n#### 12N Secretary’s certificate\n\n (1) Despite sections 12L and 12M, the Secretary may:\n (a) if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases—disclose information acquired by an officer in the performance of his or her functions or duties or in the exercise of his or her powers under this Act or a family assistance law to such persons and for such purposes as the Secretary determines; or\n (b) disclose any such information to the Secretary of a Department of State of the Commonwealth or to the head of an authority of the Commonwealth for the purposes of that Department or authority; or\n (c) disclose any such information to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it.\n\n> Note: A person to whom information is disclosed may commit an offence if the person uses the information without authority (see section 12L).\n\n (2) In giving certificates for the purposes of paragraph (1)(a), the Secretary must act in accordance with guidelines in force under subsection 12P(1).\n (3) In disclosing information under paragraph (1)(b), the Secretary must act in accordance with guidelines in force under subsection 12P(1).\n\n#### 12P Guidelines for exercise of Secretary’s disclosure power\n\n (1) The Minister, by legislative instrument:\n (a) may make guidelines for the exercise of the Secretary’s power to give certificates for the purposes of paragraph 12N(1)(a); and\n (b) may make guidelines for the exercise of the Secretary’s power under paragraph 12N(1)(b).\n (2) The guidelines must not be inconsistent with the provisions of the Privacy Act 1988.\n (3) Before making an instrument under subsection (1), the Minister must consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010).\n\n#### 12Q Offence—soliciting disclosure of protected information\n\n A person commits an offence if:\n (a) the person solicits the disclosure of information from an officer or another person; and\n (b) the disclosure would be in contravention of this Part; and\n (c) the first‑mentioned person knows, or is reckless as to whether, the information is protected information.\n The offence is committed whether or not any protected information is actually disclosed.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12R Offence—untrue representations\n\n A person commits an offence if:\n (a) the person solicits the disclosure of protected information from an officer; and\n (b) for that purpose makes representations which the person knows are untrue.\n The offence is committed whether or not any protected information is actually disclosed.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12S Offences—offering to supply protected information\n\n (1) A person commits an offence if the person:\n (a) offers to supply (whether to a particular person or otherwise) information about another person; and\n (b) knows that the information is protected information.\n The offence is committed whether or not any protected information is actually supplied.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (2) A person commits an offence if the person:\n (a) holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person; and\n (b) knows that the information is protected information.\n The offence is committed whether or not any protected information is actually supplied.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (3) Nothing in subsection (1) or (2) has the effect that an officer acting in the exercise or performance of his or her duties, functions or powers under this Act or a family assistance law commits an offence.\n\n#### 12T Freedom of Information Act not affected\n\n The provisions of this Part that relate to the disclosure of information do not affect the operation of the Freedom of Information Act 1982.\n\n#### 12U Application of the Criminal Code\n\n Chapter 2 of the Criminal Code applies to all offences against this Part.\n\n#### 12V Crown not liable to be prosecuted for offences\n\n The Crown is not liable to be prosecuted for an offence against, or arising out of, this Part.\n\n## Part IV—Research grants\n\n#### 13 Grants for research etc.\n\n (1) The Minister may, on behalf of the Commonwealth, approve the making of a grant to any person for purposes of or relating to:\n (a) research in child care and related matters; and\n (b) the initiation and development of methods of child care.\n (2) In subsection (1), child care includes the care in any circumstances of children.\n\n## Part IVA—Grants in respect of the development of child care centres\n\n#### 13A Interpretation\n\n In this Part, unless the contrary intention appears:\n\n> approved project means a project approved by the Minister under section 13B.\n\n#### 13B Approval of projects related to the development of child care centres\n\n The Minister may approve, for the purposes of this Part, projects for the development of child care centres that are being carried out, or are proposed to be carried out, in a State or Territory.\n\n#### 13C Grants for projects related to the development of child care centres\n\n The Minister may, on behalf of the Commonwealth, approve the making of a grant to a State or Territory, by way of financial assistance to the State or Territory, in respect of approved projects that are, or are proposed to be, carried out in the State or Territory.\n\n## Part V—Advisory committees\n\n### Division 1—Establishment of committees\n\n#### 14 Child Care Standards Committee\n\n (1) The Minister may establish a committee, to be known as the Child Care Standards Committee, which shall consist of such number of members as the Minister thinks fit.\n (2) The functions of the Committee are:\n (a) to give advice to the Minister and to the operators of eligible child care centres in relation to standards to be maintained in the construction and equipment of those centres and in the service provided in them; and\n (b) to give advice to the Minister on any other matter referred to the Committee by the Minister in connexion with the administration of this Act.\n\n#### 15 Convenor of Child Care Standards Committee\n\n The Minister shall appoint one of the members of the Child Care Standards Committee to be Convenor of the Committee.\n\n#### 16 Other committees\n\n In addition to the Child Care Standards Committee, the Minister may establish such other committees as the Minister thinks fit for the purposes of this Act.\n\n### Division 2—General\n\n#### 17 Definition of committee\n\n In this Division, committee means a committee established under this Part.\n\n#### 18 Appointment of members of committees\n\n A member of a committee shall be appointed by the Minister as a part‑time member and holds office during the Minister’s pleasure.\n\n#### 19 Remuneration and allowances of members of committees\n\n (1) A member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n (2) A member of a committee shall be paid such allowances as are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part VI—Miscellaneous\n\n#### 20 Conditions relating to grants\n\n (1) A grant under this Act may be made upon such terms and conditions, not inconsistent with this Act, as the Minister thinks fit.\n (2) Before a grant is made under this Act, the Minister may require the grantee to enter into an agreement with respect to the terms and conditions upon which the grant is to be made.\n (3) An agreement may include provision for:\n (a) the repayment of the whole or a part of a grant; and\n (b) the giving of security for:\n (i) the repayment of the whole or a part of a grant; or\n (ii) the payment to the Commonwealth of the amount that under the terms and conditions is taken to represent the Commonwealth’s interest in:\n (A) land purchased (with or without buildings); and\n (B) buildings constructed or altered; and\n (C) equipment acquired, altered, added to or installed;\n as a result of the application of a grant or a grant and other money (whether or not that amount is more than the amount of the grant); and\n (c) the use and disposal of, and the recovery of, the amount that under the terms and conditions is taken to represent the Commonwealth’s interest in:\n (i) land purchased (with or without buildings); and\n (ii) buildings constructed or altered; and\n (iii) equipment acquired, altered, added to or installed;\n as a result of the application of a grant or a grant and other money (whether or not that amount is more than the amount of the grant).\n (5) Where a grant under this Act has, in accordance with this section, been made on terms and conditions, the Minister, with the agreement of the grantee, may, by writing, vary those terms and conditions and, where there is an agreement under subsection (2) with respect to the terms and conditions so varied, that agreement shall be taken to be varied accordingly.\n (6) In this section, grant includes an advance on account of grant under subsection 12(2).\n\n#### 20A Agreements may be entered into with transferees of land etc.\n\n (1) If:\n (a) either of the following subparagraphs applies:\n (i) a grant under Part II has been made to the operator of an eligible child care centre on terms and conditions with respect to any land, building or equipment;\n (ii) the operator of an eligible child care centre has entered into an agreement under this section under which it is required to comply with terms and conditions with respect to any land, building or equipment; and\n (b) the operator has transferred, or proposes to transfer, the whole or a part of its interest in the land, building or equipment to another person or body;\n the Minister may enter into an agreement with the other person or body under which the other person or body is required to comply, or will, on the transfer being effected, be required to comply, with terms and conditions (whether with respect to the land, building, equipment or otherwise).\n (2) Where an agreement under subsection (1) between the Minister and a person or body is in force, the Minister may vary the agreement with the consent of the person or body.\n\n#### 20B Overpayments\n\n (1) The payment of an amount to the operator of an eligible child care centre under this Act is, in addition to any conditions imposed under section 20, subject to the condition that if, for any reason, an amount (in this subsection referred to as the recoverable amount) has been paid to the operator by way of grant or advance on account of grant under this Act that should not have been paid, the operator will, on demand by the Minister by written notice given to the operator, repay to the Commonwealth the recoverable amount or that part of the recoverable amount specified in the notice.\n (2) The Minister may deduct an amount repayable by the operator of an eligible child care centre under subsection (1) or part of such an amount from an amount (including an advance) payable to the operator under this Act.\n\n#### 21 Delegations by the Minister\n\n (1) The Minister may, by signed instrument, delegate any or all of the Minister’s powers under this Act to a person holding or performing the duties of an office in the Department.\n (5) In subsection (1), a reference to this Act includes a reference to an agreement entered into under this Act.\n\n#### 22 Approvals and determinations to be in writing\n\n An approval or determination under this Act must be made in writing.\n\n#### 22A Exercise of powers in Minister’s discretion\n\n Where a provision of this Act provides that the Minister may do a particular act or thing, and the word may is used, the act or thing may be done at the Minister’s discretion.\n\n#### 23 Manner of payment of grants\n\n A grant under this Act shall be made at such time as is, or by such instalments and at such times as are, determined by agreement between the Minister and the operator of the eligible child care centre concerned or, in the absence of such an agreement, by the Minister.\n\n#### 24 Money to be appropriated\n\n Grants under this Act and advances on account of grants under subsection 12(2) are payable out of money appropriated by the Parliament for the purposes of this Act.\n\n#### 25 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":7},{"sectionNumber":"Division 1","sectionType":"division","heading":"Approved projects","content":"An Act to provide for assistance by the Commonwealth in respect of places where children all or the majority of whom are under school age may be cared for, in respect of the development of such places and in respect of research in connection with the care of children, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Child Care Act 1972.\n\n#### 2 Commencement\n\n This Act shall come into operation on the day on which it receives the Royal Assent.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25‑5(5) of the Australian Charities and Not‑for‑profits Commission Act 2012.\n\n> body includes an association and society.\n\n> building includes a part of a building and an addition to a building and, in Part VI, includes any other improvement on land.\n\n> child care means the care of children at a time or times when they are not being cared for in their own homes or in the homes of other persons.\n\n> child care centre has the meaning given by section 4A.\n\n> Child Care Standards Committee means the committee established under section 14.\n\n> eligible child care centre has the meaning given by section 4B.\n\n> family assistance law means any one or more of the following:\n\n (a) the A New Tax System (Family Assistance) Act 1999;\n (b) the A New Tax System (Family Assistance) (Administration) Act 1999;\n (c) any instrument (including regulations) made under the A New Tax System (Family Assistance) Act 1999 or the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n> home does not include an orphanage or like institution.\n\n> information includes estimates.\n\n> officer means a person performing duties, or exercising powers or functions, under or in relation to this Act and, in relation to a provision of Part IIIA, includes:\n\n (a) a person who has been such a person; and\n (b) a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information about a person under this Act; and\n (c) a person who, although not appointed or employed by the Commonwealth, performs or performed services for the Commonwealth and who, as a result of performing those services, may acquire or has acquired information about a person under this Act.\n\n> operator, in relation to an eligible child care centre, means the person or body operating, or proposing to operate, the centre.\n\n> place includes a proposed place.\n\n> protected information means:\n\n (a) information about a person or a child care service that is or was held in the records of the Department; or\n (b) information that there is no information about a person or a child care service held in such records.\n (2) For the purposes of this Act, a thing is taken to be done or required for a permitted purpose if it is done or required:\n (a) for the purposes of this Act; or\n (b) for the purposes of a family assistance law;\n\n#### 4A Child care centres\n\n (1) Subject to subsection (2), a child care centre is a place:\n (a) that provides, or proposes to provide, child care for children:\n (i) all of whom are residing in their own homes; and\n (ii) all or the majority of whom are of pre‑school age; and\n (iii) all or the majority of whom attend the place on a regular basis; and\n (b) in relation to which either of the following subparagraphs applies:\n (i) the place provides, or proposes to provide, that child care:\n (A) for not less than 8 hours on each normal working day; and\n (B) on all normal working days in not less than 48 weeks in the year;\n (ii) the place is a place that the Minister determines should be treated as a child care centre for the purposes of this Act.\n (2) For the purposes of Part IVA, a place is a child care centre whether or not all or the majority of the children for whom child care is provided at the place attend the place on a regular basis.\n\n#### 4B Eligible child care centres\n\n For the purposes of this Act, a child care centre is an eligible child care centre if:\n (a) the centre is operated, or proposed to be operated, by an entity that meets the requirements of columns 1 and (if applicable) 2 of an item of the following table; and\n (b) the Minister determines that the centre is an eligible child care centre for the purposes of this Act:\n\n```html\n

Entities that operate eligible child care centres

Item

Column 1

The entity is …

Column 2

1

a body corporate that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

not applicable

2

a body corporate that is not an ACNC type of entity

the body corporate is:

(a) not carried on for the purpose of profit or gain; and

(b) not a Commonwealth, State or Territory authority

3

the trustee of a trust that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

not applicable

4

the trustee of a trust that is not an ACNC type of entity

the trust is established by an entity that meets the requirements of item 1, 2, 3, 7 or 8

5

an unincorporated body that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

the unincorporated body is approved by the Minister for the purposes of this item

6

an unincorporated body that is not an ACNC type of entity

the unincorporated body is:

(a) not carried on for the purpose of profit or gain; and

(b) approved by the Minister for the purposes of this item

7

the Australian Capital Territory

not applicable

8

a local governing body established by or under State or Territory law

not applicable

\n```\n\n#### 4C Guidelines for eligible child care centres\n\n The Minister may, by legislative instrument, make guidelines with respect to the exercise of the Minister’s powers under section 4B.\n\n## Part II—Capital grants\n\n### Division 1—Approved projects\n\n#### 5 Interpretation of Division 1\n\n (1) In this Division, unless the contrary intention appears:\n\n> alteration, in relation to a building or other improvement on land, includes an addition to the building or improvement.\n\n> approved project means the purchase or proposed purchase of land, or the construction or alteration or proposed construction or alteration of a building or other improvement on land, approved under section 6.\n\n> capital cost, in relation to an approved project, means:\n\n (a) where the approved project is the purchase or proposed purchase of land, the sum of:\n (i) such amount in respect of the land, not including any buildings or other improvements on the land, as the Minister determines;\n (ii) such amount in respect of any buildings or other improvements on the land (being buildings or improvements that the Minister is satisfied are used, or are to be used, for or in connexion with an eligible child care centre) as the Minister considers represents that part of the cost of purchasing the land that is attributable to those buildings or improvements; and\n (iii) such amount as the Minister is satisfied is the cost of making any alterations to any building or other improvements on the land that the Minister is satisfied are necessary for or in connexion with the provision of an eligible child care centre; or\n (b) where the approved project is the construction or alteration of a building or other improvement on land, such amount as the Minister is satisfied is the cost of constructing or altering the building or other improvement.\n (2) For the purposes of this Division, the cost of constructing, altering or adding to a building includes the cost of installing such fixtures (including the cost of the fixtures) as the Minister approves.\n\n#### 6 Approval of projects\n\n (1) Subject to this section, where the Minister is satisfied that:\n (a) the operator of an eligible child care centre:\n (i) has purchased, or proposes to purchase, any land, including land on which buildings or other improvements are constructed; or\n (ii) has constructed or altered, or proposes to construct or alter, a building or any other improvement on any land; and\n (b) the land purchased or proposed to be purchased, or the building or improvement constructed or altered or proposed to be constructed or altered, is used, or is to be used, permanently by the operator in relation to the centre;\n the Minister may approve, for the purposes of this Division, the purchase or proposed purchase or the construction or alteration or the proposed construction or alteration, as the case may be.\n\n#### 7 Grants for approved projects\n\n (1) The Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an eligible child care centre of an amount not exceeding the capital cost of an approved project.\n\n### Division 2—Approved equipment\n\n#### 8 Interpretation of Division 2\n\n In this Division, unless the contrary intention appears:\n\n> acquisition includes acquisition by way of exchange or purchase or by way of taking on lease, on hire, on hire‑purchase or on lease and purchase.\n\n> approved equipment means equipment approved under section 9 or equipment included in a class of equipment approved under that section.\n\n> cost, in relation to the acquisition by the operator of an eligible child care centre of approved equipment, means the sum of the amounts that the Minister is satisfied is the cost of acquiring the equipment and such amount (if any) in respect of altering, adding to or installing the equipment as the Minister determines.\n\n#### 9 Approval of equipment\n\n The Minister may approve equipment or classes of equipment for the purposes of this Division.\n\n#### 10 Grants for approved equipment\n\n The Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an eligible child care centre of an amount not exceeding the cost of the acquisition by the operator of approved equipment.\n\n## Part III—Recurrent grants\n\n### Division 1—Grants for new eligible child care centres\n\n#### 12 Grants in relation to establishment of new eligible child care centres\n\n (1) Where, at any time during the 6 weeks immediately before an eligible child care centre first begins to provide child care, a person is employed by the operator of the centre to establish it, the Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an amount not exceeding the amount of the salary or wages paid to the person in respect of that period by the operator.\n (2) The Minister may authorize the payment to the operator of an eligible child care centre of an advance or advances in respect of a grant that may become payable to the operator under subsection (1).\n (3) In this section salary or wages in relation to a person referred to in subsection (1), means salary or wages at the rate fixed by an award, order, determination or agreement made, or having effect under, a law of the Commonwealth, of a State or of a Territory, or if no such rate is applicable, the rate of salary or wages determined by the Minister.\n\n## Part IIIA—Confidentiality\n\n#### 12J Authorised access to and use of protected information\n\n (1) A person may obtain protected information if the information is obtained for a permitted purpose.\n\n> Note: In certain circumstances it is an offence for a person to obtain protected information without authority (see section 12K).\n\n (2) A person may:\n (a) make a record of protected information; or\n (b) disclose protected information to any person; or\n (c) otherwise use protected information;\n if the record, disclosure or use made of the information by the person is made:\n (d) for a permitted purpose; or\n (e) for the purpose for which the information was disclosed to the person under section 12M or 12N.\n\n> Note: In certain circumstances it is an offence for a person to use protected information without authority (see section 12L).\n\n#### 12K Offence—unauthorised access to protected information\n\n A person commits an offence if:\n (a) the person obtains information; and\n (b) the information is protected information; and\n (c) the person:\n (i) is not authorised or required by or under this Act or a family assistance law; and\n (ii) has no other lawful authority;\n to obtain the information; and\n (d) the person knows, or is reckless as to whether, the information is protected information.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12L Offence—unauthorised use of protected information\n\n A person commits of an offence if:\n (a) the person:\n (i) makes a record of; or\n (ii) discloses to any other person; or\n (iii) otherwise makes use of;\n information; and\n (b) the information is protected information; and\n (c) the person:\n (i) is not authorised or required by or under this Act or a family assistance law; and\n (ii) has no other lawful authority;\n to make the record, disclosure or use of the information that is made by the person; and\n (d) the person knows, or is reckless as to whether, the information is protected information.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12M Protection extends to court, tribunal etc. proceedings\n\n An officer must not, except for a permitted purpose, be required:\n (a) to produce any document in his or her possession; or\n (b) to disclose any matter or thing of which he or she had notice;\n by reason of the performance or exercise of his or her duties, functions or powers under this Act or a family assistance law to:\n (c) a court; or\n (d) a tribunal; or\n (e) an authority; or\n (f) a person;\n having power to require the production of documents or the answering of questions.\n\n#### 12N Secretary’s certificate\n\n (1) Despite sections 12L and 12M, the Secretary may:\n (a) if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases—disclose information acquired by an officer in the performance of his or her functions or duties or in the exercise of his or her powers under this Act or a family assistance law to such persons and for such purposes as the Secretary determines; or\n (b) disclose any such information to the Secretary of a Department of State of the Commonwealth or to the head of an authority of the Commonwealth for the purposes of that Department or authority; or\n (c) disclose any such information to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it.\n\n> Note: A person to whom information is disclosed may commit an offence if the person uses the information without authority (see section 12L).\n\n (2) In giving certificates for the purposes of paragraph (1)(a), the Secretary must act in accordance with guidelines in force under subsection 12P(1).\n (3) In disclosing information under paragraph (1)(b), the Secretary must act in accordance with guidelines in force under subsection 12P(1).\n\n#### 12P Guidelines for exercise of Secretary’s disclosure power\n\n (1) The Minister, by legislative instrument:\n (a) may make guidelines for the exercise of the Secretary’s power to give certificates for the purposes of paragraph 12N(1)(a); and\n (b) may make guidelines for the exercise of the Secretary’s power under paragraph 12N(1)(b).\n (2) The guidelines must not be inconsistent with the provisions of the Privacy Act 1988.\n (3) Before making an instrument under subsection (1), the Minister must consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010).\n\n#### 12Q Offence—soliciting disclosure of protected information\n\n A person commits an offence if:\n (a) the person solicits the disclosure of information from an officer or another person; and\n (b) the disclosure would be in contravention of this Part; and\n (c) the first‑mentioned person knows, or is reckless as to whether, the information is protected information.\n The offence is committed whether or not any protected information is actually disclosed.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12R Offence—untrue representations\n\n A person commits an offence if:\n (a) the person solicits the disclosure of protected information from an officer; and\n (b) for that purpose makes representations which the person knows are untrue.\n The offence is committed whether or not any protected information is actually disclosed.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12S Offences—offering to supply protected information\n\n (1) A person commits an offence if the person:\n (a) offers to supply (whether to a particular person or otherwise) information about another person; and\n (b) knows that the information is protected information.\n The offence is committed whether or not any protected information is actually supplied.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (2) A person commits an offence if the person:\n (a) holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person; and\n (b) knows that the information is protected information.\n The offence is committed whether or not any protected information is actually supplied.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (3) Nothing in subsection (1) or (2) has the effect that an officer acting in the exercise or performance of his or her duties, functions or powers under this Act or a family assistance law commits an offence.\n\n#### 12T Freedom of Information Act not affected\n\n The provisions of this Part that relate to the disclosure of information do not affect the operation of the Freedom of Information Act 1982.\n\n#### 12U Application of the Criminal Code\n\n Chapter 2 of the Criminal Code applies to all offences against this Part.\n\n#### 12V Crown not liable to be prosecuted for offences\n\n The Crown is not liable to be prosecuted for an offence against, or arising out of, this Part.\n\n## Part IV—Research grants\n\n#### 13 Grants for research etc.\n\n (1) The Minister may, on behalf of the Commonwealth, approve the making of a grant to any person for purposes of or relating to:\n (a) research in child care and related matters; and\n (b) the initiation and development of methods of child care.\n (2) In subsection (1), child care includes the care in any circumstances of children.\n\n## Part IVA—Grants in respect of the development of child care centres\n\n#### 13A Interpretation\n\n In this Part, unless the contrary intention appears:\n\n> approved project means a project approved by the Minister under section 13B.\n\n#### 13B Approval of projects related to the development of child care centres\n\n The Minister may approve, for the purposes of this Part, projects for the development of child care centres that are being carried out, or are proposed to be carried out, in a State or Territory.\n\n#### 13C Grants for projects related to the development of child care centres\n\n The Minister may, on behalf of the Commonwealth, approve the making of a grant to a State or Territory, by way of financial assistance to the State or Territory, in respect of approved projects that are, or are proposed to be, carried out in the State or Territory.\n\n## Part V—Advisory committees\n\n### Division 1—Establishment of committees\n\n#### 14 Child Care Standards Committee\n\n (1) The Minister may establish a committee, to be known as the Child Care Standards Committee, which shall consist of such number of members as the Minister thinks fit.\n (2) The functions of the Committee are:\n (a) to give advice to the Minister and to the operators of eligible child care centres in relation to standards to be maintained in the construction and equipment of those centres and in the service provided in them; and\n (b) to give advice to the Minister on any other matter referred to the Committee by the Minister in connexion with the administration of this Act.\n\n#### 15 Convenor of Child Care Standards Committee\n\n The Minister shall appoint one of the members of the Child Care Standards Committee to be Convenor of the Committee.\n\n#### 16 Other committees\n\n In addition to the Child Care Standards Committee, the Minister may establish such other committees as the Minister thinks fit for the purposes of this Act.\n\n### Division 2—General\n\n#### 17 Definition of committee\n\n In this Division, committee means a committee established under this Part.\n\n#### 18 Appointment of members of committees\n\n A member of a committee shall be appointed by the Minister as a part‑time member and holds office during the Minister’s pleasure.\n\n#### 19 Remuneration and allowances of members of committees\n\n (1) A member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n (2) A member of a committee shall be paid such allowances as are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part VI—Miscellaneous\n\n#### 20 Conditions relating to grants\n\n (1) A grant under this Act may be made upon such terms and conditions, not inconsistent with this Act, as the Minister thinks fit.\n (2) Before a grant is made under this Act, the Minister may require the grantee to enter into an agreement with respect to the terms and conditions upon which the grant is to be made.\n (3) An agreement may include provision for:\n (a) the repayment of the whole or a part of a grant; and\n (b) the giving of security for:\n (i) the repayment of the whole or a part of a grant; or\n (ii) the payment to the Commonwealth of the amount that under the terms and conditions is taken to represent the Commonwealth’s interest in:\n (A) land purchased (with or without buildings); and\n (B) buildings constructed or altered; and\n (C) equipment acquired, altered, added to or installed;\n as a result of the application of a grant or a grant and other money (whether or not that amount is more than the amount of the grant); and\n (c) the use and disposal of, and the recovery of, the amount that under the terms and conditions is taken to represent the Commonwealth’s interest in:\n (i) land purchased (with or without buildings); and\n (ii) buildings constructed or altered; and\n (iii) equipment acquired, altered, added to or installed;\n as a result of the application of a grant or a grant and other money (whether or not that amount is more than the amount of the grant).\n (5) Where a grant under this Act has, in accordance with this section, been made on terms and conditions, the Minister, with the agreement of the grantee, may, by writing, vary those terms and conditions and, where there is an agreement under subsection (2) with respect to the terms and conditions so varied, that agreement shall be taken to be varied accordingly.\n (6) In this section, grant includes an advance on account of grant under subsection 12(2).\n\n#### 20A Agreements may be entered into with transferees of land etc.\n\n (1) If:\n (a) either of the following subparagraphs applies:\n (i) a grant under Part II has been made to the operator of an eligible child care centre on terms and conditions with respect to any land, building or equipment;\n (ii) the operator of an eligible child care centre has entered into an agreement under this section under which it is required to comply with terms and conditions with respect to any land, building or equipment; and\n (b) the operator has transferred, or proposes to transfer, the whole or a part of its interest in the land, building or equipment to another person or body;\n the Minister may enter into an agreement with the other person or body under which the other person or body is required to comply, or will, on the transfer being effected, be required to comply, with terms and conditions (whether with respect to the land, building, equipment or otherwise).\n (2) Where an agreement under subsection (1) between the Minister and a person or body is in force, the Minister may vary the agreement with the consent of the person or body.\n\n#### 20B Overpayments\n\n (1) The payment of an amount to the operator of an eligible child care centre under this Act is, in addition to any conditions imposed under section 20, subject to the condition that if, for any reason, an amount (in this subsection referred to as the recoverable amount) has been paid to the operator by way of grant or advance on account of grant under this Act that should not have been paid, the operator will, on demand by the Minister by written notice given to the operator, repay to the Commonwealth the recoverable amount or that part of the recoverable amount specified in the notice.\n (2) The Minister may deduct an amount repayable by the operator of an eligible child care centre under subsection (1) or part of such an amount from an amount (including an advance) payable to the operator under this Act.\n\n#### 21 Delegations by the Minister\n\n (1) The Minister may, by signed instrument, delegate any or all of the Minister’s powers under this Act to a person holding or performing the duties of an office in the Department.\n (5) In subsection (1), a reference to this Act includes a reference to an agreement entered into under this Act.\n\n#### 22 Approvals and determinations to be in writing\n\n An approval or determination under this Act must be made in writing.\n\n#### 22A Exercise of powers in Minister’s discretion\n\n Where a provision of this Act provides that the Minister may do a particular act or thing, and the word may is used, the act or thing may be done at the Minister’s discretion.\n\n#### 23 Manner of payment of grants\n\n A grant under this Act shall be made at such time as is, or by such instalments and at such times as are, determined by agreement between the Minister and the operator of the eligible child care centre concerned or, in the absence of such an agreement, by the Minister.\n\n#### 24 Money to be appropriated\n\n Grants under this Act and advances on account of grants under subsection 12(2) are payable out of money appropriated by the Parliament for the purposes of this Act.\n\n#### 25 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":8},{"sectionNumber":"5","sectionType":"section","heading":"Interpretation of Division 1","content":"#### 5 Interpretation of Division 1\n\n (1) In this Division, unless the contrary intention appears:\n\n> alteration, in relation to a building or other improvement on land, includes an addition to the building or improvement.\n\n> approved project means the purchase or proposed purchase of land, or the construction or alteration or proposed construction or alteration of a building or other improvement on land, approved under section 6.\n\n> capital cost, in relation to an approved project, means:\n\n (a) where the approved project is the purchase or proposed purchase of land, the sum of:\n (i) such amount in respect of the land, not including any buildings or other improvements on the land, as the Minister determines;\n (ii) such amount in respect of any buildings or other improvements on the land (being buildings or improvements that the Minister is satisfied are used, or are to be used, for or in connexion with an eligible child care centre) as the Minister considers represents that part of the cost of purchasing the land that is attributable to those buildings or improvements; and\n (iii) such amount as the Minister is satisfied is the cost of making any alterations to any building or other improvements on the land that the Minister is satisfied are necessary for or in connexion with the provision of an eligible child care centre; or\n (b) where the approved project is the construction or alteration of a building or other improvement on land, such amount as the Minister is satisfied is the cost of constructing or altering the building or other improvement.\n (2) For the purposes of this Division, the cost of constructing, altering or adding to a building includes the cost of installing such fixtures (including the cost of the fixtures) as the Minister approves.","sortOrder":9},{"sectionNumber":"6","sectionType":"section","heading":"Approval of projects","content":"#### 6 Approval of projects\n\n (1) Subject to this section, where the Minister is satisfied that:\n (a) the operator of an eligible child care centre:\n (i) has purchased, or proposes to purchase, any land, including land on which buildings or other improvements are constructed; or\n (ii) has constructed or altered, or proposes to construct or alter, a building or any other improvement on any land; and\n (b) the land purchased or proposed to be purchased, or the building or improvement constructed or altered or proposed to be constructed or altered, is used, or is to be used, permanently by the operator in relation to the centre;\n the Minister may approve, for the purposes of this Division, the purchase or proposed purchase or the construction or alteration or the proposed construction or alteration, as the case may be.","sortOrder":10},{"sectionNumber":"7","sectionType":"section","heading":"Grants for approved projects","content":"#### 7 Grants for approved projects\n\n (1) The Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an eligible child care centre of an amount not exceeding the capital cost of an approved project.","sortOrder":11},{"sectionNumber":"Division 2","sectionType":"division","heading":"Approved equipment","content":"An Act to provide for assistance by the Commonwealth in respect of places where children all or the majority of whom are under school age may be cared for, in respect of the development of such places and in respect of research in connection with the care of children, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Child Care Act 1972.\n\n#### 2 Commencement\n\n This Act shall come into operation on the day on which it receives the Royal Assent.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25‑5(5) of the Australian Charities and Not‑for‑profits Commission Act 2012.\n\n> body includes an association and society.\n\n> building includes a part of a building and an addition to a building and, in Part VI, includes any other improvement on land.\n\n> child care means the care of children at a time or times when they are not being cared for in their own homes or in the homes of other persons.\n\n> child care centre has the meaning given by section 4A.\n\n> Child Care Standards Committee means the committee established under section 14.\n\n> eligible child care centre has the meaning given by section 4B.\n\n> family assistance law means any one or more of the following:\n\n (a) the A New Tax System (Family Assistance) Act 1999;\n (b) the A New Tax System (Family Assistance) (Administration) Act 1999;\n (c) any instrument (including regulations) made under the A New Tax System (Family Assistance) Act 1999 or the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n> home does not include an orphanage or like institution.\n\n> information includes estimates.\n\n> officer means a person performing duties, or exercising powers or functions, under or in relation to this Act and, in relation to a provision of Part IIIA, includes:\n\n (a) a person who has been such a person; and\n (b) a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information about a person under this Act; and\n (c) a person who, although not appointed or employed by the Commonwealth, performs or performed services for the Commonwealth and who, as a result of performing those services, may acquire or has acquired information about a person under this Act.\n\n> operator, in relation to an eligible child care centre, means the person or body operating, or proposing to operate, the centre.\n\n> place includes a proposed place.\n\n> protected information means:\n\n (a) information about a person or a child care service that is or was held in the records of the Department; or\n (b) information that there is no information about a person or a child care service held in such records.\n (2) For the purposes of this Act, a thing is taken to be done or required for a permitted purpose if it is done or required:\n (a) for the purposes of this Act; or\n (b) for the purposes of a family assistance law;\n\n#### 4A Child care centres\n\n (1) Subject to subsection (2), a child care centre is a place:\n (a) that provides, or proposes to provide, child care for children:\n (i) all of whom are residing in their own homes; and\n (ii) all or the majority of whom are of pre‑school age; and\n (iii) all or the majority of whom attend the place on a regular basis; and\n (b) in relation to which either of the following subparagraphs applies:\n (i) the place provides, or proposes to provide, that child care:\n (A) for not less than 8 hours on each normal working day; and\n (B) on all normal working days in not less than 48 weeks in the year;\n (ii) the place is a place that the Minister determines should be treated as a child care centre for the purposes of this Act.\n (2) For the purposes of Part IVA, a place is a child care centre whether or not all or the majority of the children for whom child care is provided at the place attend the place on a regular basis.\n\n#### 4B Eligible child care centres\n\n For the purposes of this Act, a child care centre is an eligible child care centre if:\n (a) the centre is operated, or proposed to be operated, by an entity that meets the requirements of columns 1 and (if applicable) 2 of an item of the following table; and\n (b) the Minister determines that the centre is an eligible child care centre for the purposes of this Act:\n\n```html\n

Entities that operate eligible child care centres

Item

Column 1

The entity is …

Column 2

1

a body corporate that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

not applicable

2

a body corporate that is not an ACNC type of entity

the body corporate is:

(a) not carried on for the purpose of profit or gain; and

(b) not a Commonwealth, State or Territory authority

3

the trustee of a trust that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

not applicable

4

the trustee of a trust that is not an ACNC type of entity

the trust is established by an entity that meets the requirements of item 1, 2, 3, 7 or 8

5

an unincorporated body that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

the unincorporated body is approved by the Minister for the purposes of this item

6

an unincorporated body that is not an ACNC type of entity

the unincorporated body is:

(a) not carried on for the purpose of profit or gain; and

(b) approved by the Minister for the purposes of this item

7

the Australian Capital Territory

not applicable

8

a local governing body established by or under State or Territory law

not applicable

\n```\n\n#### 4C Guidelines for eligible child care centres\n\n The Minister may, by legislative instrument, make guidelines with respect to the exercise of the Minister’s powers under section 4B.\n\n## Part II—Capital grants\n\n### Division 1—Approved projects\n\n#### 5 Interpretation of Division 1\n\n (1) In this Division, unless the contrary intention appears:\n\n> alteration, in relation to a building or other improvement on land, includes an addition to the building or improvement.\n\n> approved project means the purchase or proposed purchase of land, or the construction or alteration or proposed construction or alteration of a building or other improvement on land, approved under section 6.\n\n> capital cost, in relation to an approved project, means:\n\n (a) where the approved project is the purchase or proposed purchase of land, the sum of:\n (i) such amount in respect of the land, not including any buildings or other improvements on the land, as the Minister determines;\n (ii) such amount in respect of any buildings or other improvements on the land (being buildings or improvements that the Minister is satisfied are used, or are to be used, for or in connexion with an eligible child care centre) as the Minister considers represents that part of the cost of purchasing the land that is attributable to those buildings or improvements; and\n (iii) such amount as the Minister is satisfied is the cost of making any alterations to any building or other improvements on the land that the Minister is satisfied are necessary for or in connexion with the provision of an eligible child care centre; or\n (b) where the approved project is the construction or alteration of a building or other improvement on land, such amount as the Minister is satisfied is the cost of constructing or altering the building or other improvement.\n (2) For the purposes of this Division, the cost of constructing, altering or adding to a building includes the cost of installing such fixtures (including the cost of the fixtures) as the Minister approves.\n\n#### 6 Approval of projects\n\n (1) Subject to this section, where the Minister is satisfied that:\n (a) the operator of an eligible child care centre:\n (i) has purchased, or proposes to purchase, any land, including land on which buildings or other improvements are constructed; or\n (ii) has constructed or altered, or proposes to construct or alter, a building or any other improvement on any land; and\n (b) the land purchased or proposed to be purchased, or the building or improvement constructed or altered or proposed to be constructed or altered, is used, or is to be used, permanently by the operator in relation to the centre;\n the Minister may approve, for the purposes of this Division, the purchase or proposed purchase or the construction or alteration or the proposed construction or alteration, as the case may be.\n\n#### 7 Grants for approved projects\n\n (1) The Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an eligible child care centre of an amount not exceeding the capital cost of an approved project.\n\n### Division 2—Approved equipment\n\n#### 8 Interpretation of Division 2\n\n In this Division, unless the contrary intention appears:\n\n> acquisition includes acquisition by way of exchange or purchase or by way of taking on lease, on hire, on hire‑purchase or on lease and purchase.\n\n> approved equipment means equipment approved under section 9 or equipment included in a class of equipment approved under that section.\n\n> cost, in relation to the acquisition by the operator of an eligible child care centre of approved equipment, means the sum of the amounts that the Minister is satisfied is the cost of acquiring the equipment and such amount (if any) in respect of altering, adding to or installing the equipment as the Minister determines.\n\n#### 9 Approval of equipment\n\n The Minister may approve equipment or classes of equipment for the purposes of this Division.\n\n#### 10 Grants for approved equipment\n\n The Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an eligible child care centre of an amount not exceeding the cost of the acquisition by the operator of approved equipment.\n\n## Part III—Recurrent grants\n\n### Division 1—Grants for new eligible child care centres\n\n#### 12 Grants in relation to establishment of new eligible child care centres\n\n (1) Where, at any time during the 6 weeks immediately before an eligible child care centre first begins to provide child care, a person is employed by the operator of the centre to establish it, the Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an amount not exceeding the amount of the salary or wages paid to the person in respect of that period by the operator.\n (2) The Minister may authorize the payment to the operator of an eligible child care centre of an advance or advances in respect of a grant that may become payable to the operator under subsection (1).\n (3) In this section salary or wages in relation to a person referred to in subsection (1), means salary or wages at the rate fixed by an award, order, determination or agreement made, or having effect under, a law of the Commonwealth, of a State or of a Territory, or if no such rate is applicable, the rate of salary or wages determined by the Minister.\n\n## Part IIIA—Confidentiality\n\n#### 12J Authorised access to and use of protected information\n\n (1) A person may obtain protected information if the information is obtained for a permitted purpose.\n\n> Note: In certain circumstances it is an offence for a person to obtain protected information without authority (see section 12K).\n\n (2) A person may:\n (a) make a record of protected information; or\n (b) disclose protected information to any person; or\n (c) otherwise use protected information;\n if the record, disclosure or use made of the information by the person is made:\n (d) for a permitted purpose; or\n (e) for the purpose for which the information was disclosed to the person under section 12M or 12N.\n\n> Note: In certain circumstances it is an offence for a person to use protected information without authority (see section 12L).\n\n#### 12K Offence—unauthorised access to protected information\n\n A person commits an offence if:\n (a) the person obtains information; and\n (b) the information is protected information; and\n (c) the person:\n (i) is not authorised or required by or under this Act or a family assistance law; and\n (ii) has no other lawful authority;\n to obtain the information; and\n (d) the person knows, or is reckless as to whether, the information is protected information.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12L Offence—unauthorised use of protected information\n\n A person commits of an offence if:\n (a) the person:\n (i) makes a record of; or\n (ii) discloses to any other person; or\n (iii) otherwise makes use of;\n information; and\n (b) the information is protected information; and\n (c) the person:\n (i) is not authorised or required by or under this Act or a family assistance law; and\n (ii) has no other lawful authority;\n to make the record, disclosure or use of the information that is made by the person; and\n (d) the person knows, or is reckless as to whether, the information is protected information.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12M Protection extends to court, tribunal etc. proceedings\n\n An officer must not, except for a permitted purpose, be required:\n (a) to produce any document in his or her possession; or\n (b) to disclose any matter or thing of which he or she had notice;\n by reason of the performance or exercise of his or her duties, functions or powers under this Act or a family assistance law to:\n (c) a court; or\n (d) a tribunal; or\n (e) an authority; or\n (f) a person;\n having power to require the production of documents or the answering of questions.\n\n#### 12N Secretary’s certificate\n\n (1) Despite sections 12L and 12M, the Secretary may:\n (a) if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases—disclose information acquired by an officer in the performance of his or her functions or duties or in the exercise of his or her powers under this Act or a family assistance law to such persons and for such purposes as the Secretary determines; or\n (b) disclose any such information to the Secretary of a Department of State of the Commonwealth or to the head of an authority of the Commonwealth for the purposes of that Department or authority; or\n (c) disclose any such information to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it.\n\n> Note: A person to whom information is disclosed may commit an offence if the person uses the information without authority (see section 12L).\n\n (2) In giving certificates for the purposes of paragraph (1)(a), the Secretary must act in accordance with guidelines in force under subsection 12P(1).\n (3) In disclosing information under paragraph (1)(b), the Secretary must act in accordance with guidelines in force under subsection 12P(1).\n\n#### 12P Guidelines for exercise of Secretary’s disclosure power\n\n (1) The Minister, by legislative instrument:\n (a) may make guidelines for the exercise of the Secretary’s power to give certificates for the purposes of paragraph 12N(1)(a); and\n (b) may make guidelines for the exercise of the Secretary’s power under paragraph 12N(1)(b).\n (2) The guidelines must not be inconsistent with the provisions of the Privacy Act 1988.\n (3) Before making an instrument under subsection (1), the Minister must consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010).\n\n#### 12Q Offence—soliciting disclosure of protected information\n\n A person commits an offence if:\n (a) the person solicits the disclosure of information from an officer or another person; and\n (b) the disclosure would be in contravention of this Part; and\n (c) the first‑mentioned person knows, or is reckless as to whether, the information is protected information.\n The offence is committed whether or not any protected information is actually disclosed.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12R Offence—untrue representations\n\n A person commits an offence if:\n (a) the person solicits the disclosure of protected information from an officer; and\n (b) for that purpose makes representations which the person knows are untrue.\n The offence is committed whether or not any protected information is actually disclosed.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12S Offences—offering to supply protected information\n\n (1) A person commits an offence if the person:\n (a) offers to supply (whether to a particular person or otherwise) information about another person; and\n (b) knows that the information is protected information.\n The offence is committed whether or not any protected information is actually supplied.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (2) A person commits an offence if the person:\n (a) holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person; and\n (b) knows that the information is protected information.\n The offence is committed whether or not any protected information is actually supplied.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (3) Nothing in subsection (1) or (2) has the effect that an officer acting in the exercise or performance of his or her duties, functions or powers under this Act or a family assistance law commits an offence.\n\n#### 12T Freedom of Information Act not affected\n\n The provisions of this Part that relate to the disclosure of information do not affect the operation of the Freedom of Information Act 1982.\n\n#### 12U Application of the Criminal Code\n\n Chapter 2 of the Criminal Code applies to all offences against this Part.\n\n#### 12V Crown not liable to be prosecuted for offences\n\n The Crown is not liable to be prosecuted for an offence against, or arising out of, this Part.\n\n## Part IV—Research grants\n\n#### 13 Grants for research etc.\n\n (1) The Minister may, on behalf of the Commonwealth, approve the making of a grant to any person for purposes of or relating to:\n (a) research in child care and related matters; and\n (b) the initiation and development of methods of child care.\n (2) In subsection (1), child care includes the care in any circumstances of children.\n\n## Part IVA—Grants in respect of the development of child care centres\n\n#### 13A Interpretation\n\n In this Part, unless the contrary intention appears:\n\n> approved project means a project approved by the Minister under section 13B.\n\n#### 13B Approval of projects related to the development of child care centres\n\n The Minister may approve, for the purposes of this Part, projects for the development of child care centres that are being carried out, or are proposed to be carried out, in a State or Territory.\n\n#### 13C Grants for projects related to the development of child care centres\n\n The Minister may, on behalf of the Commonwealth, approve the making of a grant to a State or Territory, by way of financial assistance to the State or Territory, in respect of approved projects that are, or are proposed to be, carried out in the State or Territory.\n\n## Part V—Advisory committees\n\n### Division 1—Establishment of committees\n\n#### 14 Child Care Standards Committee\n\n (1) The Minister may establish a committee, to be known as the Child Care Standards Committee, which shall consist of such number of members as the Minister thinks fit.\n (2) The functions of the Committee are:\n (a) to give advice to the Minister and to the operators of eligible child care centres in relation to standards to be maintained in the construction and equipment of those centres and in the service provided in them; and\n (b) to give advice to the Minister on any other matter referred to the Committee by the Minister in connexion with the administration of this Act.\n\n#### 15 Convenor of Child Care Standards Committee\n\n The Minister shall appoint one of the members of the Child Care Standards Committee to be Convenor of the Committee.\n\n#### 16 Other committees\n\n In addition to the Child Care Standards Committee, the Minister may establish such other committees as the Minister thinks fit for the purposes of this Act.\n\n### Division 2—General\n\n#### 17 Definition of committee\n\n In this Division, committee means a committee established under this Part.\n\n#### 18 Appointment of members of committees\n\n A member of a committee shall be appointed by the Minister as a part‑time member and holds office during the Minister’s pleasure.\n\n#### 19 Remuneration and allowances of members of committees\n\n (1) A member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n (2) A member of a committee shall be paid such allowances as are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part VI—Miscellaneous\n\n#### 20 Conditions relating to grants\n\n (1) A grant under this Act may be made upon such terms and conditions, not inconsistent with this Act, as the Minister thinks fit.\n (2) Before a grant is made under this Act, the Minister may require the grantee to enter into an agreement with respect to the terms and conditions upon which the grant is to be made.\n (3) An agreement may include provision for:\n (a) the repayment of the whole or a part of a grant; and\n (b) the giving of security for:\n (i) the repayment of the whole or a part of a grant; or\n (ii) the payment to the Commonwealth of the amount that under the terms and conditions is taken to represent the Commonwealth’s interest in:\n (A) land purchased (with or without buildings); and\n (B) buildings constructed or altered; and\n (C) equipment acquired, altered, added to or installed;\n as a result of the application of a grant or a grant and other money (whether or not that amount is more than the amount of the grant); and\n (c) the use and disposal of, and the recovery of, the amount that under the terms and conditions is taken to represent the Commonwealth’s interest in:\n (i) land purchased (with or without buildings); and\n (ii) buildings constructed or altered; and\n (iii) equipment acquired, altered, added to or installed;\n as a result of the application of a grant or a grant and other money (whether or not that amount is more than the amount of the grant).\n (5) Where a grant under this Act has, in accordance with this section, been made on terms and conditions, the Minister, with the agreement of the grantee, may, by writing, vary those terms and conditions and, where there is an agreement under subsection (2) with respect to the terms and conditions so varied, that agreement shall be taken to be varied accordingly.\n (6) In this section, grant includes an advance on account of grant under subsection 12(2).\n\n#### 20A Agreements may be entered into with transferees of land etc.\n\n (1) If:\n (a) either of the following subparagraphs applies:\n (i) a grant under Part II has been made to the operator of an eligible child care centre on terms and conditions with respect to any land, building or equipment;\n (ii) the operator of an eligible child care centre has entered into an agreement under this section under which it is required to comply with terms and conditions with respect to any land, building or equipment; and\n (b) the operator has transferred, or proposes to transfer, the whole or a part of its interest in the land, building or equipment to another person or body;\n the Minister may enter into an agreement with the other person or body under which the other person or body is required to comply, or will, on the transfer being effected, be required to comply, with terms and conditions (whether with respect to the land, building, equipment or otherwise).\n (2) Where an agreement under subsection (1) between the Minister and a person or body is in force, the Minister may vary the agreement with the consent of the person or body.\n\n#### 20B Overpayments\n\n (1) The payment of an amount to the operator of an eligible child care centre under this Act is, in addition to any conditions imposed under section 20, subject to the condition that if, for any reason, an amount (in this subsection referred to as the recoverable amount) has been paid to the operator by way of grant or advance on account of grant under this Act that should not have been paid, the operator will, on demand by the Minister by written notice given to the operator, repay to the Commonwealth the recoverable amount or that part of the recoverable amount specified in the notice.\n (2) The Minister may deduct an amount repayable by the operator of an eligible child care centre under subsection (1) or part of such an amount from an amount (including an advance) payable to the operator under this Act.\n\n#### 21 Delegations by the Minister\n\n (1) The Minister may, by signed instrument, delegate any or all of the Minister’s powers under this Act to a person holding or performing the duties of an office in the Department.\n (5) In subsection (1), a reference to this Act includes a reference to an agreement entered into under this Act.\n\n#### 22 Approvals and determinations to be in writing\n\n An approval or determination under this Act must be made in writing.\n\n#### 22A Exercise of powers in Minister’s discretion\n\n Where a provision of this Act provides that the Minister may do a particular act or thing, and the word may is used, the act or thing may be done at the Minister’s discretion.\n\n#### 23 Manner of payment of grants\n\n A grant under this Act shall be made at such time as is, or by such instalments and at such times as are, determined by agreement between the Minister and the operator of the eligible child care centre concerned or, in the absence of such an agreement, by the Minister.\n\n#### 24 Money to be appropriated\n\n Grants under this Act and advances on account of grants under subsection 12(2) are payable out of money appropriated by the Parliament for the purposes of this Act.\n\n#### 25 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":12},{"sectionNumber":"8","sectionType":"section","heading":"Interpretation of Division 2","content":"#### 8 Interpretation of Division 2\n\n In this Division, unless the contrary intention appears:\n\n> acquisition includes acquisition by way of exchange or purchase or by way of taking on lease, on hire, on hire‑purchase or on lease and purchase.\n\n> approved equipment means equipment approved under section 9 or equipment included in a class of equipment approved under that section.\n\n> cost, in relation to the acquisition by the operator of an eligible child care centre of approved equipment, means the sum of the amounts that the Minister is satisfied is the cost of acquiring the equipment and such amount (if any) in respect of altering, adding to or installing the equipment as the Minister determines.","sortOrder":13},{"sectionNumber":"9","sectionType":"section","heading":"Approval of equipment","content":"#### 9 Approval of equipment\n\n The Minister may approve equipment or classes of equipment for the purposes of this Division.","sortOrder":14},{"sectionNumber":"10","sectionType":"section","heading":"Grants for approved equipment","content":"#### 10 Grants for approved equipment\n\n The Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an eligible child care centre of an amount not exceeding the cost of the acquisition by the operator of approved equipment.","sortOrder":15},{"sectionNumber":"Part III","sectionType":"part","heading":"Recurrent grants","content":"An Act to provide for assistance by the Commonwealth in respect of places where children all or the majority of whom are under school age may be cared for, in respect of the development of such places and in respect of research in connection with the care of children, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Child Care Act 1972.\n\n#### 2 Commencement\n\n This Act shall come into operation on the day on which it receives the Royal Assent.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25‑5(5) of the Australian Charities and Not‑for‑profits Commission Act 2012.\n\n> body includes an association and society.\n\n> building includes a part of a building and an addition to a building and, in Part VI, includes any other improvement on land.\n\n> child care means the care of children at a time or times when they are not being cared for in their own homes or in the homes of other persons.\n\n> child care centre has the meaning given by section 4A.\n\n> Child Care Standards Committee means the committee established under section 14.\n\n> eligible child care centre has the meaning given by section 4B.\n\n> family assistance law means any one or more of the following:\n\n (a) the A New Tax System (Family Assistance) Act 1999;\n (b) the A New Tax System (Family Assistance) (Administration) Act 1999;\n (c) any instrument (including regulations) made under the A New Tax System (Family Assistance) Act 1999 or the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n> home does not include an orphanage or like institution.\n\n> information includes estimates.\n\n> officer means a person performing duties, or exercising powers or functions, under or in relation to this Act and, in relation to a provision of Part IIIA, includes:\n\n (a) a person who has been such a person; and\n (b) a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information about a person under this Act; and\n (c) a person who, although not appointed or employed by the Commonwealth, performs or performed services for the Commonwealth and who, as a result of performing those services, may acquire or has acquired information about a person under this Act.\n\n> operator, in relation to an eligible child care centre, means the person or body operating, or proposing to operate, the centre.\n\n> place includes a proposed place.\n\n> protected information means:\n\n (a) information about a person or a child care service that is or was held in the records of the Department; or\n (b) information that there is no information about a person or a child care service held in such records.\n (2) For the purposes of this Act, a thing is taken to be done or required for a permitted purpose if it is done or required:\n (a) for the purposes of this Act; or\n (b) for the purposes of a family assistance law;\n\n#### 4A Child care centres\n\n (1) Subject to subsection (2), a child care centre is a place:\n (a) that provides, or proposes to provide, child care for children:\n (i) all of whom are residing in their own homes; and\n (ii) all or the majority of whom are of pre‑school age; and\n (iii) all or the majority of whom attend the place on a regular basis; and\n (b) in relation to which either of the following subparagraphs applies:\n (i) the place provides, or proposes to provide, that child care:\n (A) for not less than 8 hours on each normal working day; and\n (B) on all normal working days in not less than 48 weeks in the year;\n (ii) the place is a place that the Minister determines should be treated as a child care centre for the purposes of this Act.\n (2) For the purposes of Part IVA, a place is a child care centre whether or not all or the majority of the children for whom child care is provided at the place attend the place on a regular basis.\n\n#### 4B Eligible child care centres\n\n For the purposes of this Act, a child care centre is an eligible child care centre if:\n (a) the centre is operated, or proposed to be operated, by an entity that meets the requirements of columns 1 and (if applicable) 2 of an item of the following table; and\n (b) the Minister determines that the centre is an eligible child care centre for the purposes of this Act:\n\n```html\n

Entities that operate eligible child care centres

Item

Column 1

The entity is …

Column 2

1

a body corporate that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

not applicable

2

a body corporate that is not an ACNC type of entity

the body corporate is:

(a) not carried on for the purpose of profit or gain; and

(b) not a Commonwealth, State or Territory authority

3

the trustee of a trust that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

not applicable

4

the trustee of a trust that is not an ACNC type of entity

the trust is established by an entity that meets the requirements of item 1, 2, 3, 7 or 8

5

an unincorporated body that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

the unincorporated body is approved by the Minister for the purposes of this item

6

an unincorporated body that is not an ACNC type of entity

the unincorporated body is:

(a) not carried on for the purpose of profit or gain; and

(b) approved by the Minister for the purposes of this item

7

the Australian Capital Territory

not applicable

8

a local governing body established by or under State or Territory law

not applicable

\n```\n\n#### 4C Guidelines for eligible child care centres\n\n The Minister may, by legislative instrument, make guidelines with respect to the exercise of the Minister’s powers under section 4B.\n\n## Part II—Capital grants\n\n### Division 1—Approved projects\n\n#### 5 Interpretation of Division 1\n\n (1) In this Division, unless the contrary intention appears:\n\n> alteration, in relation to a building or other improvement on land, includes an addition to the building or improvement.\n\n> approved project means the purchase or proposed purchase of land, or the construction or alteration or proposed construction or alteration of a building or other improvement on land, approved under section 6.\n\n> capital cost, in relation to an approved project, means:\n\n (a) where the approved project is the purchase or proposed purchase of land, the sum of:\n (i) such amount in respect of the land, not including any buildings or other improvements on the land, as the Minister determines;\n (ii) such amount in respect of any buildings or other improvements on the land (being buildings or improvements that the Minister is satisfied are used, or are to be used, for or in connexion with an eligible child care centre) as the Minister considers represents that part of the cost of purchasing the land that is attributable to those buildings or improvements; and\n (iii) such amount as the Minister is satisfied is the cost of making any alterations to any building or other improvements on the land that the Minister is satisfied are necessary for or in connexion with the provision of an eligible child care centre; or\n (b) where the approved project is the construction or alteration of a building or other improvement on land, such amount as the Minister is satisfied is the cost of constructing or altering the building or other improvement.\n (2) For the purposes of this Division, the cost of constructing, altering or adding to a building includes the cost of installing such fixtures (including the cost of the fixtures) as the Minister approves.\n\n#### 6 Approval of projects\n\n (1) Subject to this section, where the Minister is satisfied that:\n (a) the operator of an eligible child care centre:\n (i) has purchased, or proposes to purchase, any land, including land on which buildings or other improvements are constructed; or\n (ii) has constructed or altered, or proposes to construct or alter, a building or any other improvement on any land; and\n (b) the land purchased or proposed to be purchased, or the building or improvement constructed or altered or proposed to be constructed or altered, is used, or is to be used, permanently by the operator in relation to the centre;\n the Minister may approve, for the purposes of this Division, the purchase or proposed purchase or the construction or alteration or the proposed construction or alteration, as the case may be.\n\n#### 7 Grants for approved projects\n\n (1) The Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an eligible child care centre of an amount not exceeding the capital cost of an approved project.\n\n### Division 2—Approved equipment\n\n#### 8 Interpretation of Division 2\n\n In this Division, unless the contrary intention appears:\n\n> acquisition includes acquisition by way of exchange or purchase or by way of taking on lease, on hire, on hire‑purchase or on lease and purchase.\n\n> approved equipment means equipment approved under section 9 or equipment included in a class of equipment approved under that section.\n\n> cost, in relation to the acquisition by the operator of an eligible child care centre of approved equipment, means the sum of the amounts that the Minister is satisfied is the cost of acquiring the equipment and such amount (if any) in respect of altering, adding to or installing the equipment as the Minister determines.\n\n#### 9 Approval of equipment\n\n The Minister may approve equipment or classes of equipment for the purposes of this Division.\n\n#### 10 Grants for approved equipment\n\n The Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an eligible child care centre of an amount not exceeding the cost of the acquisition by the operator of approved equipment.\n\n## Part III—Recurrent grants\n\n### Division 1—Grants for new eligible child care centres\n\n#### 12 Grants in relation to establishment of new eligible child care centres\n\n (1) Where, at any time during the 6 weeks immediately before an eligible child care centre first begins to provide child care, a person is employed by the operator of the centre to establish it, the Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an amount not exceeding the amount of the salary or wages paid to the person in respect of that period by the operator.\n (2) The Minister may authorize the payment to the operator of an eligible child care centre of an advance or advances in respect of a grant that may become payable to the operator under subsection (1).\n (3) In this section salary or wages in relation to a person referred to in subsection (1), means salary or wages at the rate fixed by an award, order, determination or agreement made, or having effect under, a law of the Commonwealth, of a State or of a Territory, or if no such rate is applicable, the rate of salary or wages determined by the Minister.\n\n## Part IIIA—Confidentiality\n\n#### 12J Authorised access to and use of protected information\n\n (1) A person may obtain protected information if the information is obtained for a permitted purpose.\n\n> Note: In certain circumstances it is an offence for a person to obtain protected information without authority (see section 12K).\n\n (2) A person may:\n (a) make a record of protected information; or\n (b) disclose protected information to any person; or\n (c) otherwise use protected information;\n if the record, disclosure or use made of the information by the person is made:\n (d) for a permitted purpose; or\n (e) for the purpose for which the information was disclosed to the person under section 12M or 12N.\n\n> Note: In certain circumstances it is an offence for a person to use protected information without authority (see section 12L).\n\n#### 12K Offence—unauthorised access to protected information\n\n A person commits an offence if:\n (a) the person obtains information; and\n (b) the information is protected information; and\n (c) the person:\n (i) is not authorised or required by or under this Act or a family assistance law; and\n (ii) has no other lawful authority;\n to obtain the information; and\n (d) the person knows, or is reckless as to whether, the information is protected information.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12L Offence—unauthorised use of protected information\n\n A person commits of an offence if:\n (a) the person:\n (i) makes a record of; or\n (ii) discloses to any other person; or\n (iii) otherwise makes use of;\n information; and\n (b) the information is protected information; and\n (c) the person:\n (i) is not authorised or required by or under this Act or a family assistance law; and\n (ii) has no other lawful authority;\n to make the record, disclosure or use of the information that is made by the person; and\n (d) the person knows, or is reckless as to whether, the information is protected information.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12M Protection extends to court, tribunal etc. proceedings\n\n An officer must not, except for a permitted purpose, be required:\n (a) to produce any document in his or her possession; or\n (b) to disclose any matter or thing of which he or she had notice;\n by reason of the performance or exercise of his or her duties, functions or powers under this Act or a family assistance law to:\n (c) a court; or\n (d) a tribunal; or\n (e) an authority; or\n (f) a person;\n having power to require the production of documents or the answering of questions.\n\n#### 12N Secretary’s certificate\n\n (1) Despite sections 12L and 12M, the Secretary may:\n (a) if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases—disclose information acquired by an officer in the performance of his or her functions or duties or in the exercise of his or her powers under this Act or a family assistance law to such persons and for such purposes as the Secretary determines; or\n (b) disclose any such information to the Secretary of a Department of State of the Commonwealth or to the head of an authority of the Commonwealth for the purposes of that Department or authority; or\n (c) disclose any such information to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it.\n\n> Note: A person to whom information is disclosed may commit an offence if the person uses the information without authority (see section 12L).\n\n (2) In giving certificates for the purposes of paragraph (1)(a), the Secretary must act in accordance with guidelines in force under subsection 12P(1).\n (3) In disclosing information under paragraph (1)(b), the Secretary must act in accordance with guidelines in force under subsection 12P(1).\n\n#### 12P Guidelines for exercise of Secretary’s disclosure power\n\n (1) The Minister, by legislative instrument:\n (a) may make guidelines for the exercise of the Secretary’s power to give certificates for the purposes of paragraph 12N(1)(a); and\n (b) may make guidelines for the exercise of the Secretary’s power under paragraph 12N(1)(b).\n (2) The guidelines must not be inconsistent with the provisions of the Privacy Act 1988.\n (3) Before making an instrument under subsection (1), the Minister must consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010).\n\n#### 12Q Offence—soliciting disclosure of protected information\n\n A person commits an offence if:\n (a) the person solicits the disclosure of information from an officer or another person; and\n (b) the disclosure would be in contravention of this Part; and\n (c) the first‑mentioned person knows, or is reckless as to whether, the information is protected information.\n The offence is committed whether or not any protected information is actually disclosed.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12R Offence—untrue representations\n\n A person commits an offence if:\n (a) the person solicits the disclosure of protected information from an officer; and\n (b) for that purpose makes representations which the person knows are untrue.\n The offence is committed whether or not any protected information is actually disclosed.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12S Offences—offering to supply protected information\n\n (1) A person commits an offence if the person:\n (a) offers to supply (whether to a particular person or otherwise) information about another person; and\n (b) knows that the information is protected information.\n The offence is committed whether or not any protected information is actually supplied.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (2) A person commits an offence if the person:\n (a) holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person; and\n (b) knows that the information is protected information.\n The offence is committed whether or not any protected information is actually supplied.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (3) Nothing in subsection (1) or (2) has the effect that an officer acting in the exercise or performance of his or her duties, functions or powers under this Act or a family assistance law commits an offence.\n\n#### 12T Freedom of Information Act not affected\n\n The provisions of this Part that relate to the disclosure of information do not affect the operation of the Freedom of Information Act 1982.\n\n#### 12U Application of the Criminal Code\n\n Chapter 2 of the Criminal Code applies to all offences against this Part.\n\n#### 12V Crown not liable to be prosecuted for offences\n\n The Crown is not liable to be prosecuted for an offence against, or arising out of, this Part.\n\n## Part IV—Research grants\n\n#### 13 Grants for research etc.\n\n (1) The Minister may, on behalf of the Commonwealth, approve the making of a grant to any person for purposes of or relating to:\n (a) research in child care and related matters; and\n (b) the initiation and development of methods of child care.\n (2) In subsection (1), child care includes the care in any circumstances of children.\n\n## Part IVA—Grants in respect of the development of child care centres\n\n#### 13A Interpretation\n\n In this Part, unless the contrary intention appears:\n\n> approved project means a project approved by the Minister under section 13B.\n\n#### 13B Approval of projects related to the development of child care centres\n\n The Minister may approve, for the purposes of this Part, projects for the development of child care centres that are being carried out, or are proposed to be carried out, in a State or Territory.\n\n#### 13C Grants for projects related to the development of child care centres\n\n The Minister may, on behalf of the Commonwealth, approve the making of a grant to a State or Territory, by way of financial assistance to the State or Territory, in respect of approved projects that are, or are proposed to be, carried out in the State or Territory.\n\n## Part V—Advisory committees\n\n### Division 1—Establishment of committees\n\n#### 14 Child Care Standards Committee\n\n (1) The Minister may establish a committee, to be known as the Child Care Standards Committee, which shall consist of such number of members as the Minister thinks fit.\n (2) The functions of the Committee are:\n (a) to give advice to the Minister and to the operators of eligible child care centres in relation to standards to be maintained in the construction and equipment of those centres and in the service provided in them; and\n (b) to give advice to the Minister on any other matter referred to the Committee by the Minister in connexion with the administration of this Act.\n\n#### 15 Convenor of Child Care Standards Committee\n\n The Minister shall appoint one of the members of the Child Care Standards Committee to be Convenor of the Committee.\n\n#### 16 Other committees\n\n In addition to the Child Care Standards Committee, the Minister may establish such other committees as the Minister thinks fit for the purposes of this Act.\n\n### Division 2—General\n\n#### 17 Definition of committee\n\n In this Division, committee means a committee established under this Part.\n\n#### 18 Appointment of members of committees\n\n A member of a committee shall be appointed by the Minister as a part‑time member and holds office during the Minister’s pleasure.\n\n#### 19 Remuneration and allowances of members of committees\n\n (1) A member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n (2) A member of a committee shall be paid such allowances as are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part VI—Miscellaneous\n\n#### 20 Conditions relating to grants\n\n (1) A grant under this Act may be made upon such terms and conditions, not inconsistent with this Act, as the Minister thinks fit.\n (2) Before a grant is made under this Act, the Minister may require the grantee to enter into an agreement with respect to the terms and conditions upon which the grant is to be made.\n (3) An agreement may include provision for:\n (a) the repayment of the whole or a part of a grant; and\n (b) the giving of security for:\n (i) the repayment of the whole or a part of a grant; or\n (ii) the payment to the Commonwealth of the amount that under the terms and conditions is taken to represent the Commonwealth’s interest in:\n (A) land purchased (with or without buildings); and\n (B) buildings constructed or altered; and\n (C) equipment acquired, altered, added to or installed;\n as a result of the application of a grant or a grant and other money (whether or not that amount is more than the amount of the grant); and\n (c) the use and disposal of, and the recovery of, the amount that under the terms and conditions is taken to represent the Commonwealth’s interest in:\n (i) land purchased (with or without buildings); and\n (ii) buildings constructed or altered; and\n (iii) equipment acquired, altered, added to or installed;\n as a result of the application of a grant or a grant and other money (whether or not that amount is more than the amount of the grant).\n (5) Where a grant under this Act has, in accordance with this section, been made on terms and conditions, the Minister, with the agreement of the grantee, may, by writing, vary those terms and conditions and, where there is an agreement under subsection (2) with respect to the terms and conditions so varied, that agreement shall be taken to be varied accordingly.\n (6) In this section, grant includes an advance on account of grant under subsection 12(2).\n\n#### 20A Agreements may be entered into with transferees of land etc.\n\n (1) If:\n (a) either of the following subparagraphs applies:\n (i) a grant under Part II has been made to the operator of an eligible child care centre on terms and conditions with respect to any land, building or equipment;\n (ii) the operator of an eligible child care centre has entered into an agreement under this section under which it is required to comply with terms and conditions with respect to any land, building or equipment; and\n (b) the operator has transferred, or proposes to transfer, the whole or a part of its interest in the land, building or equipment to another person or body;\n the Minister may enter into an agreement with the other person or body under which the other person or body is required to comply, or will, on the transfer being effected, be required to comply, with terms and conditions (whether with respect to the land, building, equipment or otherwise).\n (2) Where an agreement under subsection (1) between the Minister and a person or body is in force, the Minister may vary the agreement with the consent of the person or body.\n\n#### 20B Overpayments\n\n (1) The payment of an amount to the operator of an eligible child care centre under this Act is, in addition to any conditions imposed under section 20, subject to the condition that if, for any reason, an amount (in this subsection referred to as the recoverable amount) has been paid to the operator by way of grant or advance on account of grant under this Act that should not have been paid, the operator will, on demand by the Minister by written notice given to the operator, repay to the Commonwealth the recoverable amount or that part of the recoverable amount specified in the notice.\n (2) The Minister may deduct an amount repayable by the operator of an eligible child care centre under subsection (1) or part of such an amount from an amount (including an advance) payable to the operator under this Act.\n\n#### 21 Delegations by the Minister\n\n (1) The Minister may, by signed instrument, delegate any or all of the Minister’s powers under this Act to a person holding or performing the duties of an office in the Department.\n (5) In subsection (1), a reference to this Act includes a reference to an agreement entered into under this Act.\n\n#### 22 Approvals and determinations to be in writing\n\n An approval or determination under this Act must be made in writing.\n\n#### 22A Exercise of powers in Minister’s discretion\n\n Where a provision of this Act provides that the Minister may do a particular act or thing, and the word may is used, the act or thing may be done at the Minister’s discretion.\n\n#### 23 Manner of payment of grants\n\n A grant under this Act shall be made at such time as is, or by such instalments and at such times as are, determined by agreement between the Minister and the operator of the eligible child care centre concerned or, in the absence of such an agreement, by the Minister.\n\n#### 24 Money to be appropriated\n\n Grants under this Act and advances on account of grants under subsection 12(2) are payable out of money appropriated by the Parliament for the purposes of this Act.\n\n#### 25 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":16},{"sectionNumber":"12","sectionType":"section","heading":"Grants in relation to establishment of new eligible child care centres","content":"#### 12 Grants in relation to establishment of new eligible child care centres\n\n (1) Where, at any time during the 6 weeks immediately before an eligible child care centre first begins to provide child care, a person is employed by the operator of the centre to establish it, the Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an amount not exceeding the amount of the salary or wages paid to the person in respect of that period by the operator.\n (2) The Minister may authorize the payment to the operator of an eligible child care centre of an advance or advances in respect of a grant that may become payable to the operator under subsection (1).\n (3) In this section salary or wages in relation to a person referred to in subsection (1), means salary or wages at the rate fixed by an award, order, determination or agreement made, or having effect under, a law of the Commonwealth, of a State or of a Territory, or if no such rate is applicable, the rate of salary or wages determined by the Minister.","sortOrder":18},{"sectionNumber":"Part IIIA","sectionType":"part","heading":"Confidentiality","content":"## Part IIIA—Confidentiality","sortOrder":19},{"sectionNumber":"12J","sectionType":"section","heading":"Authorised access to and use of protected information","content":"#### 12J Authorised access to and use of protected information\n\n (1) A person may obtain protected information if the information is obtained for a permitted purpose.\n\n> Note: In certain circumstances it is an offence for a person to obtain protected information without authority (see section 12K).\n\n (2) A person may:\n (a) make a record of protected information; or\n (b) disclose protected information to any person; or\n (c) otherwise use protected information;\n if the record, disclosure or use made of the information by the person is made:\n (d) for a permitted purpose; or\n (e) for the purpose for which the information was disclosed to the person under section 12M or 12N.\n\n> Note: In certain circumstances it is an offence for a person to use protected information without authority (see section 12L).","sortOrder":20},{"sectionNumber":"12K","sectionType":"section","heading":"Offence—unauthorised access to protected information","content":"#### 12K Offence—unauthorised access to protected information\n\n A person commits an offence if:\n (a) the person obtains information; and\n (b) the information is protected information; and\n (c) the person:\n (i) is not authorised or required by or under this Act or a family assistance law; and\n (ii) has no other lawful authority;\n to obtain the information; and\n (d) the person knows, or is reckless as to whether, the information is protected information.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":21},{"sectionNumber":"12L","sectionType":"section","heading":"Offence—unauthorised use of protected information","content":"#### 12L Offence—unauthorised use of protected information\n\n A person commits of an offence if:\n (a) the person:\n (i) makes a record of; or\n (ii) discloses to any other person; or\n (iii) otherwise makes use of;\n information; and\n (b) the information is protected information; and\n (c) the person:\n (i) is not authorised or required by or under this Act or a family assistance law; and\n (ii) has no other lawful authority;\n to make the record, disclosure or use of the information that is made by the person; and\n (d) the person knows, or is reckless as to whether, the information is protected information.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":22},{"sectionNumber":"12M","sectionType":"section","heading":"Protection extends to court, tribunal etc. proceedings","content":"#### 12M Protection extends to court, tribunal etc. proceedings\n\n An officer must not, except for a permitted purpose, be required:\n (a) to produce any document in his or her possession; or\n (b) to disclose any matter or thing of which he or she had notice;\n by reason of the performance or exercise of his or her duties, functions or powers under this Act or a family assistance law to:\n (c) a court; or\n (d) a tribunal; or\n (e) an authority; or\n (f) a person;\n having power to require the production of documents or the answering of questions.","sortOrder":23},{"sectionNumber":"12N","sectionType":"section","heading":"Secretary’s certificate","content":"#### 12N Secretary’s certificate\n\n (1) Despite sections 12L and 12M, the Secretary may:\n (a) if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases—disclose information acquired by an officer in the performance of his or her functions or duties or in the exercise of his or her powers under this Act or a family assistance law to such persons and for such purposes as the Secretary determines; or\n (b) disclose any such information to the Secretary of a Department of State of the Commonwealth or to the head of an authority of the Commonwealth for the purposes of that Department or authority; or\n (c) disclose any such information to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it.\n\n> Note: A person to whom information is disclosed may commit an offence if the person uses the information without authority (see section 12L).\n\n (2) In giving certificates for the purposes of paragraph (1)(a), the Secretary must act in accordance with guidelines in force under subsection 12P(1).\n (3) In disclosing information under paragraph (1)(b), the Secretary must act in accordance with guidelines in force under subsection 12P(1).","sortOrder":24},{"sectionNumber":"12P","sectionType":"section","heading":"Guidelines for exercise of Secretary’s disclosure power","content":"#### 12P Guidelines for exercise of Secretary’s disclosure power\n\n (1) The Minister, by legislative instrument:\n (a) may make guidelines for the exercise of the Secretary’s power to give certificates for the purposes of paragraph 12N(1)(a); and\n (b) may make guidelines for the exercise of the Secretary’s power under paragraph 12N(1)(b).\n (2) The guidelines must not be inconsistent with the provisions of the Privacy Act 1988.\n (3) Before making an instrument under subsection (1), the Minister must consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010).","sortOrder":25},{"sectionNumber":"12Q","sectionType":"section","heading":"Offence—soliciting disclosure of protected information","content":"#### 12Q Offence—soliciting disclosure of protected information\n\n A person commits an offence if:\n (a) the person solicits the disclosure of information from an officer or another person; and\n (b) the disclosure would be in contravention of this Part; and\n (c) the first‑mentioned person knows, or is reckless as to whether, the information is protected information.\n The offence is committed whether or not any protected information is actually disclosed.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":26},{"sectionNumber":"12R","sectionType":"section","heading":"Offence—untrue representations","content":"#### 12R Offence—untrue representations\n\n A person commits an offence if:\n (a) the person solicits the disclosure of protected information from an officer; and\n (b) for that purpose makes representations which the person knows are untrue.\n The offence is committed whether or not any protected information is actually disclosed.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.","sortOrder":27},{"sectionNumber":"12S","sectionType":"section","heading":"Offences—offering to supply protected information","content":"#### 12S Offences—offering to supply protected information\n\n (1) A person commits an offence if the person:\n (a) offers to supply (whether to a particular person or otherwise) information about another person; and\n (b) knows that the information is protected information.\n The offence is committed whether or not any protected information is actually supplied.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (2) A person commits an offence if the person:\n (a) holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person; and\n (b) knows that the information is protected information.\n The offence is committed whether or not any protected information is actually supplied.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (3) Nothing in subsection (1) or (2) has the effect that an officer acting in the exercise or performance of his or her duties, functions or powers under this Act or a family assistance law commits an offence.","sortOrder":28},{"sectionNumber":"12T","sectionType":"section","heading":"Freedom of Information Act not affected","content":"#### 12T Freedom of Information Act not affected\n\n The provisions of this Part that relate to the disclosure of information do not affect the operation of the Freedom of Information Act 1982.","sortOrder":29},{"sectionNumber":"12U","sectionType":"section","heading":"Application of the Criminal Code","content":"#### 12U Application of the Criminal Code\n\n Chapter 2 of the Criminal Code applies to all offences against this Part.","sortOrder":30},{"sectionNumber":"12V","sectionType":"section","heading":"Crown not liable to be prosecuted for offences","content":"#### 12V Crown not liable to be prosecuted for offences\n\n The Crown is not liable to be prosecuted for an offence against, or arising out of, this Part.","sortOrder":31},{"sectionNumber":"Part IV","sectionType":"part","heading":"Research grants","content":"## Part IV—Research grants","sortOrder":32},{"sectionNumber":"13","sectionType":"section","heading":"Grants for research etc.","content":"#### 13 Grants for research etc.\n\n (1) The Minister may, on behalf of the Commonwealth, approve the making of a grant to any person for purposes of or relating to:\n (a) research in child care and related matters; and\n (b) the initiation and development of methods of child care.\n (2) In subsection (1), child care includes the care in any circumstances of children.","sortOrder":33},{"sectionNumber":"Part IVA","sectionType":"part","heading":"Grants in respect of the development of child care centres","content":"## Part IVA—Grants in respect of the development of child care centres","sortOrder":34},{"sectionNumber":"13A","sectionType":"section","heading":"Interpretation","content":"#### 13A Interpretation\n\n In this Part, unless the contrary intention appears:\n\n> approved project means a project approved by the Minister under section 13B.","sortOrder":35},{"sectionNumber":"13B","sectionType":"section","heading":"Approval of projects related to the development of child care centres","content":"#### 13B Approval of projects related to the development of child care centres\n\n The Minister may approve, for the purposes of this Part, projects for the development of child care centres that are being carried out, or are proposed to be carried out, in a State or Territory.","sortOrder":36},{"sectionNumber":"13C","sectionType":"section","heading":"Grants for projects related to the development of child care centres","content":"#### 13C Grants for projects related to the development of child care centres\n\n The Minister may, on behalf of the Commonwealth, approve the making of a grant to a State or Territory, by way of financial assistance to the State or Territory, in respect of approved projects that are, or are proposed to be, carried out in the State or Territory.","sortOrder":37},{"sectionNumber":"Part V","sectionType":"part","heading":"Advisory committees","content":"An Act to provide for assistance by the Commonwealth in respect of places where children all or the majority of whom are under school age may be cared for, in respect of the development of such places and in respect of research in connection with the care of children, and for related purposes\n\n## Part I—Preliminary\n\n#### 1 Short title\n\n This Act may be cited as the Child Care Act 1972.\n\n#### 2 Commencement\n\n This Act shall come into operation on the day on which it receives the Royal Assent.\n\n#### 4 Interpretation\n\n (1) In this Act, unless the contrary intention appears:\n\n> ACNC type of entity means an entity that meets the description of a type of entity in column 1 of the table in subsection 25‑5(5) of the Australian Charities and Not‑for‑profits Commission Act 2012.\n\n> body includes an association and society.\n\n> building includes a part of a building and an addition to a building and, in Part VI, includes any other improvement on land.\n\n> child care means the care of children at a time or times when they are not being cared for in their own homes or in the homes of other persons.\n\n> child care centre has the meaning given by section 4A.\n\n> Child Care Standards Committee means the committee established under section 14.\n\n> eligible child care centre has the meaning given by section 4B.\n\n> family assistance law means any one or more of the following:\n\n (a) the A New Tax System (Family Assistance) Act 1999;\n (b) the A New Tax System (Family Assistance) (Administration) Act 1999;\n (c) any instrument (including regulations) made under the A New Tax System (Family Assistance) Act 1999 or the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n> home does not include an orphanage or like institution.\n\n> information includes estimates.\n\n> officer means a person performing duties, or exercising powers or functions, under or in relation to this Act and, in relation to a provision of Part IIIA, includes:\n\n (a) a person who has been such a person; and\n (b) a person who is or has been appointed or employed by the Commonwealth and who, as a result of that appointment or employment, may acquire or has acquired information about a person under this Act; and\n (c) a person who, although not appointed or employed by the Commonwealth, performs or performed services for the Commonwealth and who, as a result of performing those services, may acquire or has acquired information about a person under this Act.\n\n> operator, in relation to an eligible child care centre, means the person or body operating, or proposing to operate, the centre.\n\n> place includes a proposed place.\n\n> protected information means:\n\n (a) information about a person or a child care service that is or was held in the records of the Department; or\n (b) information that there is no information about a person or a child care service held in such records.\n (2) For the purposes of this Act, a thing is taken to be done or required for a permitted purpose if it is done or required:\n (a) for the purposes of this Act; or\n (b) for the purposes of a family assistance law;\n\n#### 4A Child care centres\n\n (1) Subject to subsection (2), a child care centre is a place:\n (a) that provides, or proposes to provide, child care for children:\n (i) all of whom are residing in their own homes; and\n (ii) all or the majority of whom are of pre‑school age; and\n (iii) all or the majority of whom attend the place on a regular basis; and\n (b) in relation to which either of the following subparagraphs applies:\n (i) the place provides, or proposes to provide, that child care:\n (A) for not less than 8 hours on each normal working day; and\n (B) on all normal working days in not less than 48 weeks in the year;\n (ii) the place is a place that the Minister determines should be treated as a child care centre for the purposes of this Act.\n (2) For the purposes of Part IVA, a place is a child care centre whether or not all or the majority of the children for whom child care is provided at the place attend the place on a regular basis.\n\n#### 4B Eligible child care centres\n\n For the purposes of this Act, a child care centre is an eligible child care centre if:\n (a) the centre is operated, or proposed to be operated, by an entity that meets the requirements of columns 1 and (if applicable) 2 of an item of the following table; and\n (b) the Minister determines that the centre is an eligible child care centre for the purposes of this Act:\n\n```html\n

Entities that operate eligible child care centres

Item

Column 1

The entity is …

Column 2

1

a body corporate that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

not applicable

2

a body corporate that is not an ACNC type of entity

the body corporate is:

(a) not carried on for the purpose of profit or gain; and

(b) not a Commonwealth, State or Territory authority

3

the trustee of a trust that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

not applicable

4

the trustee of a trust that is not an ACNC type of entity

the trust is established by an entity that meets the requirements of item 1, 2, 3, 7 or 8

5

an unincorporated body that is registered under the Australian Charities and Not‑for‑profits Commission Act 2012

the unincorporated body is approved by the Minister for the purposes of this item

6

an unincorporated body that is not an ACNC type of entity

the unincorporated body is:

(a) not carried on for the purpose of profit or gain; and

(b) approved by the Minister for the purposes of this item

7

the Australian Capital Territory

not applicable

8

a local governing body established by or under State or Territory law

not applicable

\n```\n\n#### 4C Guidelines for eligible child care centres\n\n The Minister may, by legislative instrument, make guidelines with respect to the exercise of the Minister’s powers under section 4B.\n\n## Part II—Capital grants\n\n### Division 1—Approved projects\n\n#### 5 Interpretation of Division 1\n\n (1) In this Division, unless the contrary intention appears:\n\n> alteration, in relation to a building or other improvement on land, includes an addition to the building or improvement.\n\n> approved project means the purchase or proposed purchase of land, or the construction or alteration or proposed construction or alteration of a building or other improvement on land, approved under section 6.\n\n> capital cost, in relation to an approved project, means:\n\n (a) where the approved project is the purchase or proposed purchase of land, the sum of:\n (i) such amount in respect of the land, not including any buildings or other improvements on the land, as the Minister determines;\n (ii) such amount in respect of any buildings or other improvements on the land (being buildings or improvements that the Minister is satisfied are used, or are to be used, for or in connexion with an eligible child care centre) as the Minister considers represents that part of the cost of purchasing the land that is attributable to those buildings or improvements; and\n (iii) such amount as the Minister is satisfied is the cost of making any alterations to any building or other improvements on the land that the Minister is satisfied are necessary for or in connexion with the provision of an eligible child care centre; or\n (b) where the approved project is the construction or alteration of a building or other improvement on land, such amount as the Minister is satisfied is the cost of constructing or altering the building or other improvement.\n (2) For the purposes of this Division, the cost of constructing, altering or adding to a building includes the cost of installing such fixtures (including the cost of the fixtures) as the Minister approves.\n\n#### 6 Approval of projects\n\n (1) Subject to this section, where the Minister is satisfied that:\n (a) the operator of an eligible child care centre:\n (i) has purchased, or proposes to purchase, any land, including land on which buildings or other improvements are constructed; or\n (ii) has constructed or altered, or proposes to construct or alter, a building or any other improvement on any land; and\n (b) the land purchased or proposed to be purchased, or the building or improvement constructed or altered or proposed to be constructed or altered, is used, or is to be used, permanently by the operator in relation to the centre;\n the Minister may approve, for the purposes of this Division, the purchase or proposed purchase or the construction or alteration or the proposed construction or alteration, as the case may be.\n\n#### 7 Grants for approved projects\n\n (1) The Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an eligible child care centre of an amount not exceeding the capital cost of an approved project.\n\n### Division 2—Approved equipment\n\n#### 8 Interpretation of Division 2\n\n In this Division, unless the contrary intention appears:\n\n> acquisition includes acquisition by way of exchange or purchase or by way of taking on lease, on hire, on hire‑purchase or on lease and purchase.\n\n> approved equipment means equipment approved under section 9 or equipment included in a class of equipment approved under that section.\n\n> cost, in relation to the acquisition by the operator of an eligible child care centre of approved equipment, means the sum of the amounts that the Minister is satisfied is the cost of acquiring the equipment and such amount (if any) in respect of altering, adding to or installing the equipment as the Minister determines.\n\n#### 9 Approval of equipment\n\n The Minister may approve equipment or classes of equipment for the purposes of this Division.\n\n#### 10 Grants for approved equipment\n\n The Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an eligible child care centre of an amount not exceeding the cost of the acquisition by the operator of approved equipment.\n\n## Part III—Recurrent grants\n\n### Division 1—Grants for new eligible child care centres\n\n#### 12 Grants in relation to establishment of new eligible child care centres\n\n (1) Where, at any time during the 6 weeks immediately before an eligible child care centre first begins to provide child care, a person is employed by the operator of the centre to establish it, the Minister may, on behalf of the Commonwealth, approve the making of a grant to the operator of an amount not exceeding the amount of the salary or wages paid to the person in respect of that period by the operator.\n (2) The Minister may authorize the payment to the operator of an eligible child care centre of an advance or advances in respect of a grant that may become payable to the operator under subsection (1).\n (3) In this section salary or wages in relation to a person referred to in subsection (1), means salary or wages at the rate fixed by an award, order, determination or agreement made, or having effect under, a law of the Commonwealth, of a State or of a Territory, or if no such rate is applicable, the rate of salary or wages determined by the Minister.\n\n## Part IIIA—Confidentiality\n\n#### 12J Authorised access to and use of protected information\n\n (1) A person may obtain protected information if the information is obtained for a permitted purpose.\n\n> Note: In certain circumstances it is an offence for a person to obtain protected information without authority (see section 12K).\n\n (2) A person may:\n (a) make a record of protected information; or\n (b) disclose protected information to any person; or\n (c) otherwise use protected information;\n if the record, disclosure or use made of the information by the person is made:\n (d) for a permitted purpose; or\n (e) for the purpose for which the information was disclosed to the person under section 12M or 12N.\n\n> Note: In certain circumstances it is an offence for a person to use protected information without authority (see section 12L).\n\n#### 12K Offence—unauthorised access to protected information\n\n A person commits an offence if:\n (a) the person obtains information; and\n (b) the information is protected information; and\n (c) the person:\n (i) is not authorised or required by or under this Act or a family assistance law; and\n (ii) has no other lawful authority;\n to obtain the information; and\n (d) the person knows, or is reckless as to whether, the information is protected information.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12L Offence—unauthorised use of protected information\n\n A person commits of an offence if:\n (a) the person:\n (i) makes a record of; or\n (ii) discloses to any other person; or\n (iii) otherwise makes use of;\n information; and\n (b) the information is protected information; and\n (c) the person:\n (i) is not authorised or required by or under this Act or a family assistance law; and\n (ii) has no other lawful authority;\n to make the record, disclosure or use of the information that is made by the person; and\n (d) the person knows, or is reckless as to whether, the information is protected information.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12M Protection extends to court, tribunal etc. proceedings\n\n An officer must not, except for a permitted purpose, be required:\n (a) to produce any document in his or her possession; or\n (b) to disclose any matter or thing of which he or she had notice;\n by reason of the performance or exercise of his or her duties, functions or powers under this Act or a family assistance law to:\n (c) a court; or\n (d) a tribunal; or\n (e) an authority; or\n (f) a person;\n having power to require the production of documents or the answering of questions.\n\n#### 12N Secretary’s certificate\n\n (1) Despite sections 12L and 12M, the Secretary may:\n (a) if the Secretary certifies that it is necessary in the public interest to do so in a particular case or class of cases—disclose information acquired by an officer in the performance of his or her functions or duties or in the exercise of his or her powers under this Act or a family assistance law to such persons and for such purposes as the Secretary determines; or\n (b) disclose any such information to the Secretary of a Department of State of the Commonwealth or to the head of an authority of the Commonwealth for the purposes of that Department or authority; or\n (c) disclose any such information to a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it.\n\n> Note: A person to whom information is disclosed may commit an offence if the person uses the information without authority (see section 12L).\n\n (2) In giving certificates for the purposes of paragraph (1)(a), the Secretary must act in accordance with guidelines in force under subsection 12P(1).\n (3) In disclosing information under paragraph (1)(b), the Secretary must act in accordance with guidelines in force under subsection 12P(1).\n\n#### 12P Guidelines for exercise of Secretary’s disclosure power\n\n (1) The Minister, by legislative instrument:\n (a) may make guidelines for the exercise of the Secretary’s power to give certificates for the purposes of paragraph 12N(1)(a); and\n (b) may make guidelines for the exercise of the Secretary’s power under paragraph 12N(1)(b).\n (2) The guidelines must not be inconsistent with the provisions of the Privacy Act 1988.\n (3) Before making an instrument under subsection (1), the Minister must consult the Information Commissioner in relation to matters that relate to the privacy functions (within the meaning of the Australian Information Commissioner Act 2010).\n\n#### 12Q Offence—soliciting disclosure of protected information\n\n A person commits an offence if:\n (a) the person solicits the disclosure of information from an officer or another person; and\n (b) the disclosure would be in contravention of this Part; and\n (c) the first‑mentioned person knows, or is reckless as to whether, the information is protected information.\n The offence is committed whether or not any protected information is actually disclosed.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12R Offence—untrue representations\n\n A person commits an offence if:\n (a) the person solicits the disclosure of protected information from an officer; and\n (b) for that purpose makes representations which the person knows are untrue.\n The offence is committed whether or not any protected information is actually disclosed.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n#### 12S Offences—offering to supply protected information\n\n (1) A person commits an offence if the person:\n (a) offers to supply (whether to a particular person or otherwise) information about another person; and\n (b) knows that the information is protected information.\n The offence is committed whether or not any protected information is actually supplied.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (2) A person commits an offence if the person:\n (a) holds himself or herself out as being able to supply (whether to a particular person or otherwise) information about another person; and\n (b) knows that the information is protected information.\n The offence is committed whether or not any protected information is actually supplied.\n\nPenalty: Imprisonment for 2 years.\n\n> Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.\n\n (3) Nothing in subsection (1) or (2) has the effect that an officer acting in the exercise or performance of his or her duties, functions or powers under this Act or a family assistance law commits an offence.\n\n#### 12T Freedom of Information Act not affected\n\n The provisions of this Part that relate to the disclosure of information do not affect the operation of the Freedom of Information Act 1982.\n\n#### 12U Application of the Criminal Code\n\n Chapter 2 of the Criminal Code applies to all offences against this Part.\n\n#### 12V Crown not liable to be prosecuted for offences\n\n The Crown is not liable to be prosecuted for an offence against, or arising out of, this Part.\n\n## Part IV—Research grants\n\n#### 13 Grants for research etc.\n\n (1) The Minister may, on behalf of the Commonwealth, approve the making of a grant to any person for purposes of or relating to:\n (a) research in child care and related matters; and\n (b) the initiation and development of methods of child care.\n (2) In subsection (1), child care includes the care in any circumstances of children.\n\n## Part IVA—Grants in respect of the development of child care centres\n\n#### 13A Interpretation\n\n In this Part, unless the contrary intention appears:\n\n> approved project means a project approved by the Minister under section 13B.\n\n#### 13B Approval of projects related to the development of child care centres\n\n The Minister may approve, for the purposes of this Part, projects for the development of child care centres that are being carried out, or are proposed to be carried out, in a State or Territory.\n\n#### 13C Grants for projects related to the development of child care centres\n\n The Minister may, on behalf of the Commonwealth, approve the making of a grant to a State or Territory, by way of financial assistance to the State or Territory, in respect of approved projects that are, or are proposed to be, carried out in the State or Territory.\n\n## Part V—Advisory committees\n\n### Division 1—Establishment of committees\n\n#### 14 Child Care Standards Committee\n\n (1) The Minister may establish a committee, to be known as the Child Care Standards Committee, which shall consist of such number of members as the Minister thinks fit.\n (2) The functions of the Committee are:\n (a) to give advice to the Minister and to the operators of eligible child care centres in relation to standards to be maintained in the construction and equipment of those centres and in the service provided in them; and\n (b) to give advice to the Minister on any other matter referred to the Committee by the Minister in connexion with the administration of this Act.\n\n#### 15 Convenor of Child Care Standards Committee\n\n The Minister shall appoint one of the members of the Child Care Standards Committee to be Convenor of the Committee.\n\n#### 16 Other committees\n\n In addition to the Child Care Standards Committee, the Minister may establish such other committees as the Minister thinks fit for the purposes of this Act.\n\n### Division 2—General\n\n#### 17 Definition of committee\n\n In this Division, committee means a committee established under this Part.\n\n#### 18 Appointment of members of committees\n\n A member of a committee shall be appointed by the Minister as a part‑time member and holds office during the Minister’s pleasure.\n\n#### 19 Remuneration and allowances of members of committees\n\n (1) A member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n (2) A member of a committee shall be paid such allowances as are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.\n\n## Part VI—Miscellaneous\n\n#### 20 Conditions relating to grants\n\n (1) A grant under this Act may be made upon such terms and conditions, not inconsistent with this Act, as the Minister thinks fit.\n (2) Before a grant is made under this Act, the Minister may require the grantee to enter into an agreement with respect to the terms and conditions upon which the grant is to be made.\n (3) An agreement may include provision for:\n (a) the repayment of the whole or a part of a grant; and\n (b) the giving of security for:\n (i) the repayment of the whole or a part of a grant; or\n (ii) the payment to the Commonwealth of the amount that under the terms and conditions is taken to represent the Commonwealth’s interest in:\n (A) land purchased (with or without buildings); and\n (B) buildings constructed or altered; and\n (C) equipment acquired, altered, added to or installed;\n as a result of the application of a grant or a grant and other money (whether or not that amount is more than the amount of the grant); and\n (c) the use and disposal of, and the recovery of, the amount that under the terms and conditions is taken to represent the Commonwealth’s interest in:\n (i) land purchased (with or without buildings); and\n (ii) buildings constructed or altered; and\n (iii) equipment acquired, altered, added to or installed;\n as a result of the application of a grant or a grant and other money (whether or not that amount is more than the amount of the grant).\n (5) Where a grant under this Act has, in accordance with this section, been made on terms and conditions, the Minister, with the agreement of the grantee, may, by writing, vary those terms and conditions and, where there is an agreement under subsection (2) with respect to the terms and conditions so varied, that agreement shall be taken to be varied accordingly.\n (6) In this section, grant includes an advance on account of grant under subsection 12(2).\n\n#### 20A Agreements may be entered into with transferees of land etc.\n\n (1) If:\n (a) either of the following subparagraphs applies:\n (i) a grant under Part II has been made to the operator of an eligible child care centre on terms and conditions with respect to any land, building or equipment;\n (ii) the operator of an eligible child care centre has entered into an agreement under this section under which it is required to comply with terms and conditions with respect to any land, building or equipment; and\n (b) the operator has transferred, or proposes to transfer, the whole or a part of its interest in the land, building or equipment to another person or body;\n the Minister may enter into an agreement with the other person or body under which the other person or body is required to comply, or will, on the transfer being effected, be required to comply, with terms and conditions (whether with respect to the land, building, equipment or otherwise).\n (2) Where an agreement under subsection (1) between the Minister and a person or body is in force, the Minister may vary the agreement with the consent of the person or body.\n\n#### 20B Overpayments\n\n (1) The payment of an amount to the operator of an eligible child care centre under this Act is, in addition to any conditions imposed under section 20, subject to the condition that if, for any reason, an amount (in this subsection referred to as the recoverable amount) has been paid to the operator by way of grant or advance on account of grant under this Act that should not have been paid, the operator will, on demand by the Minister by written notice given to the operator, repay to the Commonwealth the recoverable amount or that part of the recoverable amount specified in the notice.\n (2) The Minister may deduct an amount repayable by the operator of an eligible child care centre under subsection (1) or part of such an amount from an amount (including an advance) payable to the operator under this Act.\n\n#### 21 Delegations by the Minister\n\n (1) The Minister may, by signed instrument, delegate any or all of the Minister’s powers under this Act to a person holding or performing the duties of an office in the Department.\n (5) In subsection (1), a reference to this Act includes a reference to an agreement entered into under this Act.\n\n#### 22 Approvals and determinations to be in writing\n\n An approval or determination under this Act must be made in writing.\n\n#### 22A Exercise of powers in Minister’s discretion\n\n Where a provision of this Act provides that the Minister may do a particular act or thing, and the word may is used, the act or thing may be done at the Minister’s discretion.\n\n#### 23 Manner of payment of grants\n\n A grant under this Act shall be made at such time as is, or by such instalments and at such times as are, determined by agreement between the Minister and the operator of the eligible child care centre concerned or, in the absence of such an agreement, by the Minister.\n\n#### 24 Money to be appropriated\n\n Grants under this Act and advances on account of grants under subsection 12(2) are payable out of money appropriated by the Parliament for the purposes of this Act.\n\n#### 25 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":38},{"sectionNumber":"14","sectionType":"section","heading":"Child Care Standards Committee","content":"#### 14 Child Care Standards Committee\n\n (1) The Minister may establish a committee, to be known as the Child Care Standards Committee, which shall consist of such number of members as the Minister thinks fit.\n (2) The functions of the Committee are:\n (a) to give advice to the Minister and to the operators of eligible child care centres in relation to standards to be maintained in the construction and equipment of those centres and in the service provided in them; and\n (b) to give advice to the Minister on any other matter referred to the Committee by the Minister in connexion with the administration of this Act.","sortOrder":40},{"sectionNumber":"15","sectionType":"section","heading":"Convenor of Child Care Standards Committee","content":"#### 15 Convenor of Child Care Standards Committee\n\n The Minister shall appoint one of the members of the Child Care Standards Committee to be Convenor of the Committee.","sortOrder":41},{"sectionNumber":"16","sectionType":"section","heading":"Other committees","content":"#### 16 Other committees\n\n In addition to the Child Care Standards Committee, the Minister may establish such other committees as the Minister thinks fit for the purposes of this Act.","sortOrder":42},{"sectionNumber":"17","sectionType":"section","heading":"Definition of committee","content":"#### 17 Definition of committee\n\n In this Division, committee means a committee established under this Part.","sortOrder":44},{"sectionNumber":"18","sectionType":"section","heading":"Appointment of members of committees","content":"#### 18 Appointment of members of committees\n\n A member of a committee shall be appointed by the Minister as a part‑time member and holds office during the Minister’s pleasure.","sortOrder":45},{"sectionNumber":"19","sectionType":"section","heading":"Remuneration and allowances of members of committees","content":"#### 19 Remuneration and allowances of members of committees\n\n (1) A member of a committee shall be paid such remuneration as is determined by the Remuneration Tribunal.\n (2) A member of a committee shall be paid such allowances as are prescribed.\n (3) This section has effect subject to the Remuneration Tribunal Act 1973.","sortOrder":46},{"sectionNumber":"Part VI","sectionType":"part","heading":"Miscellaneous","content":"## Part VI—Miscellaneous","sortOrder":47},{"sectionNumber":"20","sectionType":"section","heading":"Conditions relating to grants","content":"#### 20 Conditions relating to grants\n\n (1) A grant under this Act may be made upon such terms and conditions, not inconsistent with this Act, as the Minister thinks fit.\n (2) Before a grant is made under this Act, the Minister may require the grantee to enter into an agreement with respect to the terms and conditions upon which the grant is to be made.\n (3) An agreement may include provision for:\n (a) the repayment of the whole or a part of a grant; and\n (b) the giving of security for:\n (i) the repayment of the whole or a part of a grant; or\n (ii) the payment to the Commonwealth of the amount that under the terms and conditions is taken to represent the Commonwealth’s interest in:\n (A) land purchased (with or without buildings); and\n (B) buildings constructed or altered; and\n (C) equipment acquired, altered, added to or installed;\n as a result of the application of a grant or a grant and other money (whether or not that amount is more than the amount of the grant); and\n (c) the use and disposal of, and the recovery of, the amount that under the terms and conditions is taken to represent the Commonwealth’s interest in:\n (i) land purchased (with or without buildings); and\n (ii) buildings constructed or altered; and\n (iii) equipment acquired, altered, added to or installed;\n as a result of the application of a grant or a grant and other money (whether or not that amount is more than the amount of the grant).\n (5) Where a grant under this Act has, in accordance with this section, been made on terms and conditions, the Minister, with the agreement of the grantee, may, by writing, vary those terms and conditions and, where there is an agreement under subsection (2) with respect to the terms and conditions so varied, that agreement shall be taken to be varied accordingly.\n (6) In this section, grant includes an advance on account of grant under subsection 12(2).","sortOrder":48},{"sectionNumber":"20A","sectionType":"section","heading":"Agreements may be entered into with transferees of land etc.","content":"#### 20A Agreements may be entered into with transferees of land etc.\n\n (1) If:\n (a) either of the following subparagraphs applies:\n (i) a grant under Part II has been made to the operator of an eligible child care centre on terms and conditions with respect to any land, building or equipment;\n (ii) the operator of an eligible child care centre has entered into an agreement under this section under which it is required to comply with terms and conditions with respect to any land, building or equipment; and\n (b) the operator has transferred, or proposes to transfer, the whole or a part of its interest in the land, building or equipment to another person or body;\n the Minister may enter into an agreement with the other person or body under which the other person or body is required to comply, or will, on the transfer being effected, be required to comply, with terms and conditions (whether with respect to the land, building, equipment or otherwise).\n (2) Where an agreement under subsection (1) between the Minister and a person or body is in force, the Minister may vary the agreement with the consent of the person or body.","sortOrder":49},{"sectionNumber":"20B","sectionType":"section","heading":"Overpayments","content":"#### 20B Overpayments\n\n (1) The payment of an amount to the operator of an eligible child care centre under this Act is, in addition to any conditions imposed under section 20, subject to the condition that if, for any reason, an amount (in this subsection referred to as the recoverable amount) has been paid to the operator by way of grant or advance on account of grant under this Act that should not have been paid, the operator will, on demand by the Minister by written notice given to the operator, repay to the Commonwealth the recoverable amount or that part of the recoverable amount specified in the notice.\n (2) The Minister may deduct an amount repayable by the operator of an eligible child care centre under subsection (1) or part of such an amount from an amount (including an advance) payable to the operator under this Act.","sortOrder":50},{"sectionNumber":"21","sectionType":"section","heading":"Delegations by the Minister","content":"#### 21 Delegations by the Minister\n\n (1) The Minister may, by signed instrument, delegate any or all of the Minister’s powers under this Act to a person holding or performing the duties of an office in the Department.\n (5) In subsection (1), a reference to this Act includes a reference to an agreement entered into under this Act.","sortOrder":51},{"sectionNumber":"22","sectionType":"section","heading":"Approvals and determinations to be in writing","content":"#### 22 Approvals and determinations to be in writing\n\n An approval or determination under this Act must be made in writing.","sortOrder":52},{"sectionNumber":"22A","sectionType":"section","heading":"Exercise of powers in Minister’s discretion","content":"#### 22A Exercise of powers in Minister’s discretion\n\n Where a provision of this Act provides that the Minister may do a particular act or thing, and the word may is used, the act or thing may be done at the Minister’s discretion.","sortOrder":53},{"sectionNumber":"23","sectionType":"section","heading":"Manner of payment of grants","content":"#### 23 Manner of payment of grants\n\n A grant under this Act shall be made at such time as is, or by such instalments and at such times as are, determined by agreement between the Minister and the operator of the eligible child care centre concerned or, in the absence of such an agreement, by the Minister.","sortOrder":54},{"sectionNumber":"24","sectionType":"section","heading":"Money to be appropriated","content":"#### 24 Money to be appropriated\n\n Grants under this Act and advances on account of grants under subsection 12(2) are payable out of money appropriated by the Parliament for the purposes of this Act.","sortOrder":55},{"sectionNumber":"25","sectionType":"section","heading":"Regulations","content":"#### 25 Regulations\n\n The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters that are required or permitted by this Act to be prescribed or are necessary or convenient to be prescribed for carrying out or giving effect to this Act.","sortOrder":56}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":603},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly from its original 1972 purpose. While initially focused on capital assistance for child care places, it now includes: (1) integration with the modern ACNC charity registration system (2012); (2) detailed confidentiality/criminal offence provisions (Part IIIA) added to protect information shared with family assistance systems; (3) explicit links to the Family Assistance Act framework; and (4) privacy protections requiring consultation with the Information Commissioner. The scope now encompasses information governance and criminal enforcement well beyond simple grants administration."},"complexity_factors":["Multiple overlapping definitions of 'child care centre' with different requirements for different Parts of the Act","8-category table in section 4B for determining eligible operators with cross-references between items","Extensive cross-referencing to external legislation including the ACNC Act, Family Assistance Acts, Privacy Act, Criminal Code and FOI Act","Nested conditional logic in grant approval sections (e.g., section 6 requires Minister satisfaction of multiple cumulative conditions)","Part IIIA contains 10 sections of criminal offences with detailed mental state requirements (knowledge/recklessness) and multiple exceptions","Ministerial discretion powers throughout with requirement for written instruments and guidelines","Complex cost calculation formulas in sections 5 and 8 with multiple components and Ministerial determinations"],"plain_english_summary":"This Act provides **Commonwealth funding for child care centres** that care for pre-school aged children. It establishes a grants program to help build, equip and operate child care facilities across Australia.\n\n**Who can receive grants:**\n- **Eligible child care centres** — these must be operated by non-profit organisations (registered charities, community groups, local councils, or the ACT Government), and must be approved by the Minister\n- **States and Territories** — for projects developing child care centres\n- **Researchers** — for studies into child care methods and practices\n\n**What the grants cover:**\n- **Capital grants** — buying land, constructing or altering buildings, and purchasing equipment\n- **Recurrent grants** — wages for staff during the 6-week setup period before a new centre opens\n- **Research grants** — studies into child care and development of new care methods\n\n**Key protections:**\nThe Act includes strict **confidentiality rules** (Part IIIA). It is a criminal offence (punishable by up to 2 years imprisonment) to improperly access, use, disclose or trade information about people or child care services held under this Act. The Secretary can disclose information in limited circumstances, such as for public interest reasons or to other government departments.\n\n**Why it matters:**\nThis legislation helps expand access to early childhood education and care by providing government funding to community-based, not-for-profit providers. The confidentiality protections ensure sensitive personal information about families using child care services is safeguarded."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The original 1972 Act was narrowly focused on providing Commonwealth capital and recurrent grants to support pre-school child care centres. Over time, the Act was substantially amended to incorporate: (1) an entirely new confidentiality regime (Part IIIA, sections 12J–12V) with multiple criminal offences, ministerial guidelines requirements, and interaction with the Privacy Act 1988 and Freedom of Information Act 1982 — well beyond the original grant-funding purpose; (2) linkage to the family assistance law framework (the A New Tax System (Family Assistance) Act 1999 and its administration Act), broadening the information-sharing and permitted-purpose concepts; (3) integration with the Australian Charities and Not-for-profits Commission Act 2012 as a key eligibility criterion; and (4) a new Part IVA providing development grants to States and Territories (as distinct from grants to individual operators). These additions have transformed what was a simple grants program into a multi-layered instrument dealing with grant administration, information privacy, criminal liability, and intergovernmental financial assistance."},"complexity_factors":["Multiple definition sections spread across different Parts and Divisions (s4, s5, s8, s13A), creating a fragmented interpretation framework","Eligibility criteria in s4B use an 8-item table with two conditional columns, where some items cross-reference other items (e.g. item 4 refers back to items 1, 2, 3, 7 or 8)","The definition of 'child care centre' in s4A has a two-tier structure: a general rule in subsection (1) with a carve-out exception in subsection (2) specifically for Part IVA","The confidentiality regime in Part IIIA creates a layered permissions structure: general prohibition → permitted purpose exception → Secretary certificate override → further guidelines constraint under Privacy Act 1988","Multiple cross-references between Acts, including the Australian Charities and Not-for-profits Commission Act 2012, A New Tax System (Family Assistance) Act 1999, Privacy Act 1988, Criminal Code Act 1995, Freedom of Information Act 1982, Remuneration Tribunal Act 1973, and Australian Information Commissioner Act 2010","The definition of 'capital cost' in s5 has two branches (land purchase vs. construction/alteration) each with multiple sub-limbs requiring ministerial satisfaction at multiple points","Six distinct criminal offences in Part IIIA (ss12K, 12L, 12Q, 12R, 12S(1), 12S(2)) with overlapping conduct elements and a recklessness mental element standard","The document itself appears to contain significant structural duplication — entire sections of the Act are repeated multiple times — which, while likely a rendering artefact, substantially inflates apparent complexity for any reader"],"plain_english_summary":"## Child Care Act 1972 — Plain English Summary\n\nThe **Child Care Act 1972** is a Commonwealth (federal) law that sets up a framework for the Australian Government to provide **financial grants** to support child care centres across the country. Here's the big picture:\n\n---\n\n### What does it do?\n\nThe Act allows the federal government — through the Minister responsible — to hand out several types of grants to eligible child care operators:\n\n- **Capital grants** (Part II): Money to help pay for buying land, constructing or renovating buildings, and purchasing equipment for use at child care centres.\n- **Recurrent grants** (Part III): Money to cover staff wages in the six weeks before a new child care centre opens its doors for the first time.\n- **Research grants** (Part IV): Money to fund research into child care practices and new methods of caring for children.\n- **Development grants** (Part IVA): Money paid to State and Territory governments to support projects that develop child care centres in their region.\n\n---\n\n### Who does it affect?\n\nThe Act mainly affects:\n\n- **Operators of eligible child care centres** — the organisations or people who run qualifying day care facilities. To be \"eligible,\" a centre must be run by a not-for-profit or charitable organisation, a trust, the ACT government, or a local council. Private for-profit businesses are excluded.\n- **Children and families** — indirectly, by helping fund the centres that care for pre-school-aged children.\n- **Government officials and contractors** — who handle sensitive information about people and child care services.\n\n---\n\n### What counts as a \"child care centre\"?\n\nA qualifying child care centre must:\n- Care for children who live in their own homes (not orphanages)\n- Mostly serve pre-school-aged kids\n- Operate for **at least 8 hours a day on normal working days**, across at least **48 weeks a year**\n\nThe Minister can also declare a place to be a child care centre even if it doesn't fully meet these criteria.\n\n---\n\n### Privacy protections (Part IIIA)\n\nA significant part of the Act protects personal information held by the Department. It is a **criminal offence** (punishable by up to 2 years in jail) to:\n- Access, use, or record protected information without authorisation\n- Solicit someone to unlawfully disclose it\n- Lie to get access to it\n- Offer to sell or supply it\n\nThere are limited exceptions — for example, the Secretary (head of the relevant government department) can authorise disclosure in the public interest, to other government agencies, or to the person the information is about. Guidelines must follow the *Privacy Act 1988*, and the Information Commissioner must be consulted before guidelines are made.\n\n---\n\n### Advisory committees (Part V)\n\nThe Minister can set up a **Child Care Standards Committee** to give advice on the standards that child care centres should meet — covering buildings, equipment, and the services they provide. Committee members are appointed part-time and paid according to the Remuneration Tribunal (an independent body that sets pay for government appointments).\n\n---\n\n### Grant conditions and accountability (Part VI)\n\nGrants come with strings attached. The government can:\n- Set terms and conditions on how grant money is used\n- Require repayment if money was paid in error or misused\n- Extend obligations to a new owner if a grantee sells or transfers land, buildings, or equipment bought with grant money\n\n---\n\n### Why does it matter?\n\nThis Act has been the backbone of Commonwealth support for community-based child care since 1972. It effectively **excludes for-profit operators** from receiving grants, channelling public money toward not-for-profit, charitable, and government-run child care providers. Its privacy protections ensure that sensitive information about families and services collected by the Department cannot be misused."},"issue_detection":{"absurdities":[{"type":"other","section":"s 4 (definition of 'protected information', paragraph (b))","severity":"medium","reasoning":"This is a genuine philosophical absurdity with real practical bite. The confidentiality offences in ss 12K–12S apply to 'protected information'. If an officer tells someone 'we have no record of that person', they may be committing an offence under s 12L by disclosing protected information (i.e., the non-existence of records). The provision appears designed to prevent fishing expeditions, but the drafting creates a situation where the very act of saying 'I cannot help you, we have nothing on file' could be criminal. It also raises the question of how you can obtain authorisation to disclose information that, by definition, does not exist.","confidence":0.88,"description":"The definition of 'protected information' includes 'information that there is no information about a person or a child care service held in such records.' This means the absence of information is itself classified as protected information — you can commit a criminal offence by disclosing the fact that the Department holds nothing on someone."},{"type":"circular_definition","section":"s 4 (definition of 'Child Care Standards Committee')","severity":"medium","reasoning":"A definition that refers to 'the committee established under section 14' implicitly assumes the committee exists. But s 14(1) grants a mere discretionary power ('The Minister may establish a committee'). If the Minister never exercises that power, the defined term has no referent. Any provision that relies on the Committee — including the advisory functions in s 14(2) — becomes inoperative. Section 15 compounds this by imposing a mandatory obligation on the Minister ('The Minister shall appoint one of the members... to be Convenor') in respect of a committee that may not exist.","confidence":0.85,"description":"The definition states that 'Child Care Standards Committee means the committee established under section 14.' However, section 14(1) provides that the Minister *may* establish such a committee — there is no obligation to do so. The definition presupposes a committee that may never legally exist."},{"type":"impossible_compliance","section":"s 15","severity":"medium","reasoning":"If the Minister never establishes the Committee under s 14(1), it is impossible to comply with the mandatory duty in s 15 — there are no members from whom a Convenor can be appointed. The use of 'shall' in s 15 against the discretionary 'may' in s 14(1) creates an irreconcilable tension: the mandatory duty is contingent on a prior discretionary act being exercised.","confidence":0.82,"description":"Section 15 uses the mandatory 'shall' to require the Minister to appoint a Convenor of the Child Care Standards Committee, but the Committee itself is established by a discretionary power in s 14(1). The Minister is thus mandatorily obliged to do something that can only be done if the Minister has first chosen to exercise a discretion."},{"type":"other","section":"s 12(1) (Part III — Recurrent grants)","severity":"low","reasoning":"This is a mild temporal absurdity. The eligible child care centre status under s 4B requires both an entity-type condition and a Ministerial determination. In practice the determination is likely made prospectively, and the definition of 'operator' in s 4 includes persons 'proposing to operate' the centre, which softens the issue. However, strictly speaking, paying establishment staff 6 weeks before the centre 'first begins to provide child care' occurs before it is operationally a child care centre at all, raising a question about whether the grant machinery is engaged at that precise moment.","confidence":0.6,"description":"The grant under s 12(1) is available for salary paid to a person employed 'during the 6 weeks immediately before an eligible child care centre first begins to provide child care.' By definition, at that point the centre has not yet begun operating and therefore cannot yet be an 'eligible child care centre' — a status that requires the centre to actually provide (or propose to provide) child care at an operating place. The operator must first be determined eligible, but the grant covers costs incurred before operations commence."},{"type":"other","section":"s 12N(1)(c)","severity":"low","reasoning":"While 'implied authorisation' is a recognised legal concept, in a statutory confidentiality scheme backed by criminal penalties it creates genuine uncertainty. The Secretary making a wrong call that implied authorisation existed would inadvertently authorise what would otherwise be a criminal disclosure. This is more a drafting quality issue than a true absurdity, but it does create real interpretive difficulty in a criminal law context.","confidence":0.65,"description":"The Secretary may disclose information to 'a person who is expressly or impliedly authorised by the person to whom the information relates to obtain it.' The word 'impliedly' creates an inherently uncertain and potentially circular situation: the Secretary must determine whether authorisation is implied, with no guidance as to what constitutes implied authorisation, creating a potential loophole that could swallow the confidentiality protections."},{"type":"impossible_compliance","section":"s 12N(2) and s 12N(3) read with s 12P(1)","severity":"high","reasoning":"The Secretary 'must act in accordance with guidelines in force under subsection 12P(1)' when issuing public interest certificates (s 12N(2)) and when disclosing to Commonwealth department heads (s 12N(3)). But s 12P(1) says the Minister 'may' make those guidelines — it is entirely optional. If no guidelines are made, there are no guidelines to comply with. Does this mean the Secretary cannot act at all? Or that the mandatory compliance requirement becomes meaningless? This is a genuine high-severity drafting flaw that either paralyses the Secretary's disclosure powers or renders the mandatory compliance obligation nugatory.","confidence":0.9,"description":"Sections 12N(2) and 12N(3) require the Secretary to act in accordance with guidelines 'in force under subsection 12P(1)', but s 12P(1) only says the Minister 'may' make such guidelines — there is no obligation to do so. If the Minister never makes guidelines, the Secretary's mandatory compliance obligation under ss 12N(2) and (3) references a non-existent instrument, making compliance literally impossible."},{"type":"other","section":"s 21 (subsections 1 and 5 only — missing subsections 2-4)","severity":"low","reasoning":"This is a structural flaw common in long-amended legislation where intermediate subsections have been repealed over time. The jump from s 21(1) to s 21(5) is not itself an absurdity — those subsections were likely removed by amendment. However, it does signal that the provision has been substantively altered in ways that are not visible in the text provided, and the cross-reference in s 21(5) back to s 21(1) only makes sense if the reader accepts there were once intermediate subsections. This creates minor interpretive uncertainty.","confidence":0.75,"description":"Section 21 jumps from subsection (1) to subsection (5) with no subsections (2), (3), or (4) present in the text. Subsection (5) cross-references subsection (1), suggesting that the missing subsections were once present (likely dealing with further delegation conditions or limitations) and have been repealed, leaving a gap that creates uncertainty about the complete scope of the Minister's delegation power."},{"type":"other","section":"s 20 (subsection 4 missing)","severity":"low","reasoning":"Same issue as s 21 — a subsection has been repealed leaving a numbering gap. Not logically absurd, but a structural deficiency that may cause confusion for practitioners seeking to understand the complete conditions framework for grant agreements.","confidence":0.75,"description":"Section 20 proceeds from subsection (3) to subsection (5) with no subsection (4), and subsection (5) cross-references subsection (2). As with s 21, this indicates a previously-repealed provision, leaving a structural gap."},{"type":"other","section":"s 4A(1)(a)(i) read with s 4 definition of 'child care'","severity":"low","reasoning":"This is more a drafting infelicity than a true absurdity. The provisions work together logically once you read them carefully: children who reside at home (s 4A(1)(a)(i)) but who are attending the centre (and thus NOT being cared for at home, satisfying the 'child care' definition) — that's standard day care. However, the juxtaposition creates momentary confusion and could theoretically exclude edge cases where a child is in temporary accommodation rather than their 'own home'.","confidence":0.55,"description":"Section 4A(1)(a)(i) requires that a child care centre care for children 'all of whom are residing in their own homes.' But the definition of 'child care' in s 4 means 'the care of children at a time or times when they are not being cared for in their own homes.' These two provisions, read together, require: (1) children must reside in their own homes; AND (2) the care must occur when they are NOT being cared for in their own homes. This is coherent in practice (children live at home but attend the centre during the day), but the interaction is awkward — a child cared for at home by a parent does not generate 'child care' under the Act, while the same child going to a centre does."}],"contradictions":[{"severity":"medium","section_a":"s 14(1)","section_b":"s 15","confidence":0.85,"description":"Section 14(1) gives the Minister a discretionary power to establish the Child Care Standards Committee ('The Minister may establish a committee'). Section 15 imposes a mandatory obligation on the Minister ('The Minister shall appoint one of the members... to be Convenor'). These provisions conflict because the mandatory duty in s 15 can only be performed if the discretionary power in s 14(1) has first been exercised. A mandatory obligation that is contingent on a prior discretionary act is internally contradictory."},{"severity":"high","section_a":"s 12N(2) and s 12N(3)","section_b":"s 12P(1)","confidence":0.9,"description":"Sections 12N(2) and 12N(3) impose mandatory obligations on the Secretary to act in accordance with guidelines made under s 12P(1). However, s 12P(1) provides only that the Minister 'may' make such guidelines — there is no obligation to do so. If no guidelines are made, the mandatory compliance obligations in ss 12N(2) and (3) are impossible to satisfy, either paralysing the Secretary's disclosure powers entirely or rendering the mandatory compliance language meaningless."},{"severity":"medium","section_a":"s 12T","section_b":"s 12M","confidence":0.72,"description":"Section 12T provides that the confidentiality provisions 'do not affect the operation of the Freedom of Information Act 1982.' However, s 12M purports to shield officers from being required to disclose documents or information even to courts, tribunals, and authorities. The FOI Act grants a statutory right of access to government documents, and the Information Commissioner and AAT have compulsive jurisdiction to review FOI decisions. Section 12M, if applied broadly, could conflict with the access and review mechanisms under the FOI Act, yet s 12T says the FOI Act is unaffected. There is an unresolved tension about which regime prevails when an FOI applicant seeks documents covered by s 12M."},{"severity":"medium","section_a":"s 4B (table, item 2, column 2)","section_b":"s 4B (table, item 7)","confidence":0.8,"description":"Item 2 of the s 4B table permits a body corporate that is not an ACNC type of entity to operate an eligible child care centre only if it is 'not a Commonwealth, State or Territory authority.' Item 7 expressly permits the Australian Capital Territory (a Territory authority) to operate an eligible child care centre. This is not a contradiction per se — item 7 is a specific carve-out — but items 1–6 cover bodies corporate and unincorporated bodies while item 7 introduces the ACT as a government entity, yet the table does not include any other State or Territory government (only their 'local governing bodies' in item 8). This creates an asymmetry: the ACT government can directly operate eligible child care centres, but the governments of NSW, Victoria, etc. apparently cannot (they are excluded by item 2 as Territory/State authorities and not given their own item)."},{"severity":"medium","section_a":"s 12J(2)(e)","section_b":"s 12M","confidence":0.82,"description":"Section 12J(2)(e) authorises a person to use protected information 'for the purpose for which the information was disclosed to the person under section 12M.' However, s 12M deals not with disclosure TO persons but with shielding officers from being REQUIRED to disclose by courts and tribunals. Section 12M is a non-disclosure protection, not a disclosure authority. The cross-reference in s 12J(2)(e) to 'information disclosed... under section 12M' is therefore internally inconsistent — s 12M does not create a pathway for information to be disclosed to another person; it does the opposite."}]}},"importantCases":[],"_links":{"self":"/api/acts/child-care-act-1972","history":"/api/acts/child-care-act-1972/history","analysis":"/api/acts/child-care-act-1972/analysis","conflicts":"/api/acts/child-care-act-1972/conflicts","importantCases":"/api/acts/child-care-act-1972/important-cases","documents":"/api/acts/child-care-act-1972/documents"}}