{"id":"nsw:sl-2023-0633","name":"Childcare and Economic Opportunity Fund Regulation 2023","slug":"childcare-and-economic-opportunity-fund-regulation-2023","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"633 of 2023","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176019,"registerId":"nsw-nsw:sl-2023-0633-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of regulation","content":"#### 1 Name of regulation\n\n1 Name of regulation\n\n> This regulation is the [Childcare and Economic Opportunity Fund Regulation 2023](/view/html/inforce/current/sl-2023-0633).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This regulation commences on the day on which it is published on the NSW legislation website.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> In this regulation—\n> \n> the Act means the [Childcare and Economic Opportunity Fund Act 2022](/view/html/inforce/current/act-2022-054).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this regulation.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Independent reviews and market monitoring reports—the Act, s 5","content":"#### 4 Independent reviews and market monitoring reports—the Act, s 5\n\n4 Independent reviews and market monitoring reports—the Act, s 5\n\n> For the Act, section 5(7)(a), a commissioned person, when undertaking a review, must consider and report on—\n> \n> > (a) matters the Minister directs the commissioned person to consider and report on, and\n> \n> > (b) matters the commissioned person considers relevant, which may include the need for specialised or specific services for one or more of the following—\n> > \n> > > (i) rural and remote communities,\n> > \n> > > (ii) culturally and linguistically diverse persons and communities,\n> > \n> > > (iii) persons with disabilities,\n> > \n> > > (iv) Aboriginal and Torres Strait Islander persons,\n> > \n> > > (v) persons living in areas having a low quintile number in the most recent Socio-Economic Indexes for Areas published by the Australian Bureau of Statistics.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Requirement to give information and answer questions—the Act, s 7","content":"#### 5 Requirement to give information and answer questions—the Act, s 7\n\n5 Requirement to give information and answer questions—the Act, s 7\n\n> > (1) For the Act, section 7(5)(e), relevant information includes information about the workforce in the childcare sector.\n> \n> > (2) For the Act, section 7(6)(e), the following persons are prescribed—\n> > \n> > > (a) a government agency that is a person,\n> > \n> > > (b) the head of a government agency that is not a person.\n> \n> > (3) In this section—\n> > \n> > government agency means—\n> > \n> > > (a) a public authority constituted by or under an Act, or\n> > \n> > > (b) a NSW government agency, or\n> > \n> > > (c) a Public Service agency, or\n> > \n> > > (d) a local council, or\n> > \n> > > (e) a State owned corporation.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Information obtained by commissioned person—the Act, s 8","content":"#### 6 Information obtained by commissioned person—the Act, s 8\n\n6 Information obtained by commissioned person—the Act, s 8\n\n> > (1) For the Act, section 8(3), the commissioned person is authorised to disclose information obtained under the Act, section 7 to the Education Secretary.\n> \n> > (2) The Education Secretary is authorised to use and disclose the information for the purposes of the Act and this regulation.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Members and procedure of Board—the Act, ss 9 and 10","content":"#### 7 Members and procedure of Board—the Act, ss 9 and 10\n\n7 Members and procedure of Board—the Act, ss 9 and 10\n\n> Schedule 1 sets out provisions about the members and procedure of the Board.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Delegation—the Act, s 26","content":"#### 8 Delegation—the Act, s 26\n\n8 Delegation—the Act, s 26\n\n> For the Act, section 26(c), a member of staff of the Department of Education is prescribed.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Transitional arrangements—the Act, Sch 2, s 1","content":"#### 9 Transitional arrangements—the Act, Sch 2, s 1\n\n9 Transitional arrangements—the Act, Sch 2, s 1\n\n> The following are not required for the financial year ending 30 June 2023—\n> \n> > (a) an annual report under the Act, section 22(1),\n> \n> > (b) an audit report of the Fund under the Act, section 22(2),\n> \n> > (c) other annual reports for the Fund or the Board, including financial reports.","sortOrder":8},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Members and procedure of Board","content":"# Schedule 1 Members and procedure of Board\n\nSchedule 1 Members and procedure of Board\n\nSection 7\n\n**sch 1:** Am 2026 (95), Sch 1.","sortOrder":9},{"sectionNumber":"Part 1","sectionType":"part","heading":"General","content":"# Part 1 General\n\nPart 1 General","sortOrder":10},{"sectionNumber":"Part 2","sectionType":"part","heading":"Constitution","content":"# Part 2 Constitution\n\nPart 2 Constitution","sortOrder":12},{"sectionNumber":"1A","sectionType":"section","heading":"Experience or expertise for membership","content":"#### 1A Experience or expertise for membership\n\n1A Experience or expertise for membership\n\n> The appointed members of the Board must have substantial experience or expertise in one or more of the following areas—\n> \n> > (a) the childcare sector,\n> \n> > (b) finance, governance and risk management,\n> \n> > (c) infrastructure planning, funding and delivery,\n> \n> > (d) the development and delivery of government policy,\n> \n> > (e) the procurement of goods and services by or for government agencies.","sortOrder":13},{"sectionNumber":"Part 3","sectionType":"part","heading":"Procedure","content":"# Part 3 Procedure\n\nPart 3 Procedure","sortOrder":20},{"sectionNumber":"10","sectionType":"section","heading":"Presiding member","content":"#### 10 Presiding member\n\n10 Presiding member\n\n> > (1) The Chairperson, or, in the absence of the Chairperson, a person elected by the members of the Board who are present at a meeting of the Board, is to preside at a meeting of the Board.\n> \n> > (2) The presiding member has a deliberative vote and, in the event of an equality of votes, has a second or casting vote.","sortOrder":23},{"sectionNumber":"11","sectionType":"section","heading":"Voting","content":"#### 11 Voting\n\n11 Voting\n\n> A decision supported by a majority of the votes cast at a meeting of the Board at which a quorum is present is the decision of the Board.","sortOrder":24},{"sectionNumber":"12","sectionType":"section","heading":"Transaction of business outside meetings or by electronic means","content":"#### 12 Transaction of business outside meetings or by electronic means\n\n12 Transaction of business outside meetings or by electronic means\n\n> > (1) The Board may, if it thinks fit, transact its business by the circulation of papers among all the members of the Board for the time being, and a written resolution approved in writing by a majority of those members is taken to be a decision of the Board made at a meeting of the Board.\n> \n> > (2) The Board may, if it thinks fit, transact its business at a meeting at which members, or some members, participate by telephone or other electronic means, but only if a member who speaks on a matter before the meeting can be heard by the other members.\n> \n> > (3) For the purposes of—\n> > \n> > > (a) the approval of a resolution under subsection (1), or\n> > \n> > > (b) a meeting held in accordance with subsection (2),\n> > \n> > the Chairperson and each other member have the same voting rights as they have at an ordinary meeting of the Board.\n> \n> > (4) A resolution approved under subsection (1) is, subject to this regulation, to be recorded in the minutes of the meetings of the Board.\n> \n> > (5) Papers may be circulated among the members by electronic means for the purposes of subsection (1).","sortOrder":25}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulation remains tightly scoped to operational implementation of the 2022 Act. It covers precisely what would be expected in subordinate legislation: procedural details, prescribed persons/entities, and transitional arrangements. No scope creep detected."},"complexity_factors":["Short, single-purpose regulation (9 sections plus Schedule 1)","Minimal defined terms — only 2 defined in the main regulation ('the Act' and 'government agency'), plus 2 in Schedule 1 ('independent appointed member' and 'member')","Straightforward cross-referencing to parent Act (Childcare and Economic Opportunity Fund Act 2022) without nested conditions","Standard governance provisions (meeting procedures, conflicts of interest, vacancies) following familiar NSW template patterns","No exceptions to exceptions or deeply conditional logic — most provisions are direct operational rules","Schedule 1 contains conventional board administration provisions without novel legal structures"],"plain_english_summary":"This regulation sets out the operational rules for the **Childcare and Economic Opportunity Fund** in New South Wales. Here's what it does:\n\n**What is this Fund?**\nIt's a NSW government body established to improve childcare access and affordability, particularly for families who need it most.\n\n**Key things this regulation covers:**\n\n- **Independent reviews**: When experts review the childcare market, they must look at whether services are meeting the needs of specific groups — including rural communities, culturally diverse families, people with disabilities, Aboriginal and Torres Strait Islander families, and people in disadvantaged areas (measured by ABS socio-economic indexes).\n\n- **Information gathering**: The Fund can require people and government agencies to provide information about the childcare workforce. Government agencies include public authorities, NSW government departments, local councils, and state-owned corporations.\n\n- **Who can see the information**: Information collected can be shared with the Education Secretary for purposes related to the Fund.\n\n- **Board membership rules**: Sets out who can serve on the Fund's Board — they need expertise in childcare, finance, infrastructure, government policy, or government procurement. Members are part-time and can be paid.\n\n- **How the Board operates**: Covers meeting procedures, quorum requirements (majority of members including the Chairperson and at least one independent member), voting, and how members must disclose conflicts of interest (financial interests that could affect their decisions).\n\n- **Getting out of annual reports for 2023**: The Fund doesn't have to produce annual reports or audits for the financial year ending 30 June 2023 — a transitional arrangement for its first year.\n\n**Why it matters:**\nThis regulation puts flesh on the bones of the 2022 Act. It determines how the Fund actually works day-to-day — who makes decisions, what they must consider when reviewing childcare needs, and what information they can demand. For childcare providers and families, it affects what data they might need to provide and what priorities the Fund will focus on when deciding where to invest."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The regulation primarily operationalises and details administrative, governance and information‑sharing mechanisms under the Childcare and Economic Opportunity Fund Act 2022 rather than changing the Act’s substantive coverage. It prescribes Board composition and procedure, data collection and disclosure pathways, delegation and transitional reporting exemptions; it does not, on its face, expand statutory entitlements or alter who is covered by the Act."},"complexity_factors":["Cross-references to the primary Act and the Interpretation Act, requiring users to read both instruments to understand scope (Reg cl 3; Sch 1 note).","Ministerial discretion on remuneration for independent appointed members and removal of appointed members with Treasurer concurrence (Sch 1 cl 3; cl 4(2)).","Information‑collection and use authorisations that permit disclosure to and by the Education Secretary and require workforce data from prescribed persons, expanding administrative data flows (cls 5–6).","Wide prescription of ‘government agency’ and prescribed persons from whom information may be required, including State entities and local councils (cl 5(2)–(3)).","Detailed pecuniary interest regime requiring disclosure, minutes, and public inspection of the disclosure document for a fee—creating ongoing record‑keeping and public access obligations (Sch 1 cl 6(2)–(6)).","Procedural flexibility for meetings (electronic participation and written resolutions) combined with a specific quorum rule that mandates the Chair and at least one independent appointed member be present (Sch 1 cls 8–12; cl 9).","Transitional reporting exemptions for the 2022–23 financial year that alter normal accountability timetables (cl 9).","Delegation and staffing rules prescribing Department of Education staff as delegates, affecting who may exercise functions under the Act (cl 8).","Interaction with employment law (exclusion of Government Sector Employment Act provisions for independent members) which affects employment status and benefits (Sch 1 cl 7(1)).","Multiple vacancy triggers (illness, bankruptcy, absenteeism, conviction) and mandatory reappointment procedures that impose administrative recruitment burdens (Sch 1 cl 4–5)."],"plain_english_summary":"This regulation implements the Childcare and Economic Opportunity Fund Act 2022 by setting how the Fund’s Board is constituted and runs, prescribing who must supply workforce and related information, authorising specified information-sharing with the Education Secretary, and creating reporting exemptions for the 2022–23 year. It affects Board members, Department of Education staff, prescribed government agencies and childcare sector participants whose workforce data may be collected. It centralises decision-making discretion with the Minister and the Board, creates compliance duties to disclose information, and allows paid independent appointees."},"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the available metadata, there is no clear indication that the scope of the regulation has changed from its original intent. The existence of a March 2026 amendment version suggests some updates have been made, but without access to the substantive provisions or an explanatory memorandum, it is not possible to determine whether those changes expanded or narrowed the original scope."},"complexity_factors":["The substantive content of the regulation was not provided — only metadata and website navigation elements were accessible, making a full complexity assessment impossible","Regulations of this type typically involve eligibility criteria, funding conditions, and administrative processes that can add moderate complexity","The regulation operates under a parent Act, meaning readers must cross-reference two instruments to understand the full legal framework","Automatic staged repeal mechanism under the Subordinate Legislation Act 1989 adds a temporal dimension that users must be aware of","The dual-version timeline (December 2023 and March 2026) indicates amendments have already been made, creating potential confusion about which version applies"],"plain_english_summary":"The regulation sets out the operational and administrative rules for the NSW Childcare and Economic Opportunity Fund, giving practical effect to the parent Act so the fund can allocate and manage support aimed at improving childcare access and related economic opportunities. It affects families seeking childcare support, childcare providers receiving funding, and government agencies administering the fund. Note: the regulation is scheduled to repeal automatically on 1 September 2029."}},"importantCases":[],"_links":{"self":"/api/acts/childcare-and-economic-opportunity-fund-regulation-2023","history":"/api/acts/childcare-and-economic-opportunity-fund-regulation-2023/history","analysis":"/api/acts/childcare-and-economic-opportunity-fund-regulation-2023/analysis","conflicts":"/api/acts/childcare-and-economic-opportunity-fund-regulation-2023/conflicts","importantCases":"/api/acts/childcare-and-economic-opportunity-fund-regulation-2023/important-cases","documents":"/api/acts/childcare-and-economic-opportunity-fund-regulation-2023/documents"}}