{"id":"F2022L01421","name":"Competition and Consumer (Price Inquiry—Child Care) Direction 2022","slug":"competition-and-consumer-price-inquiry-child-care-direction-2022","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":102805,"registerId":"commonwealth-F2022L01421-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Competition and Consumer (Price Inquiry—Child Care) Direction 2022.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under the Competition and Consumer Act 2010.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\nNote: Expressions have the same meaning in this instrument as in the Competition and Consumer Act 2010 as in force from time to time—see paragraph 13(1)(b) of the Legislation Act 2003.\n\n  In this instrument:\n\n> approved child care service has the meaning given by section 194G of the A New Tax System (Family Assistance) (Administration) Act 1999.\n\n> child care subsidy has the meaning given by section 3 of the A New Tax System (Family Assistance) Act 1999.\n\n> goods has the meaning given by subsection 95A(1) of the Act.\n\n> inquiry has the meaning given by subsection 95A(1) of the Act.\n\n> not-for-profit has the same meaning as it has in the Charities Act 2013.\n\n> price has the meaning given by subsection 95A(1) of the Act.\n\n> services has the meaning given by subsection 95A(1) of the Act.\n\n> State or Territory authority has the meaning given by subsection 95A(1) of the Act.\n\n> supply has the meaning given by subsection 95A(1) of the Act.\n\n> the Act means the Competition and Consumer Act 2010.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Price inquiry into child care services","content":"## Part 2—Price inquiry into child care services","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Commission to hold an inquiry","content":"#### 5 Commission to hold an inquiry\n\n  (1) Under subsection 95H(1) of the Act, the Commission is required to hold an inquiry into the market for the supply of child care services. The inquiry is not to extend to any of the following:\n    (a) the supply of a good or service by a State or Territory authority;\n    (b) reviewing the operation of any Australian law (other than the Act) relating to approved child care services, except as necessary to consider the matters set out in section 6; and\n    (c) reviewing the operation of any program funded by the Commonwealth, or any policy of the Commonwealth (other than policies relating to competition and consumer protection, and in considering the matters set out in section 6).\n  (2) For the purposes of subsection 95J(1), the inquiry is to be held in relation to goods and services that are approved child care services.\n  (3) Under subsection 95J(2), the inquiry is not to be held in relation to the supply of goods and services of that description by a particular person or persons.","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Directions on matters to be taken into consideration in the inquiry","content":"#### 6 Directions on matters to be taken into consideration in the inquiry\n\n  Under subsection 95J(6) of the Act, the Commission is directed to take into consideration all of the following matters in holding the inquiry:\n    (a) the costs incurred by providers of goods and services covered by subsection 5(2), including:\n    (i) the cost and availability of labour; and\n    (ii) the use of land and related costs; and\n    (iii) finance and administration costs; and\n    (iv) regulatory compliance costs; and\n    (v) the cost of consumables; and\n    (b) the prices charged, since 1 January 2018, by providers of goods and services covered by subsection 5(2), including:\n    (i) price changes following the commencement of the Family Assistance Legislation Amendment (Cheaper Child Care) Act 2022; and\n    (ii) price changes as a result of Commonwealth policies that have the objective of lowering child care costs to consumers; and\n    (c) how costs and prices differ by:\n    (i) provider type (for example, commercial and not-for-profit); and\n    (ii) provider size (for example, providers operating a single child care centre and providers operating multiple child care centres); and\n    (iii) type of child care services provided (for example, centre based day care, outside school hours care, family day care and in home care); and\n    (iv) age and characteristics of the child in child care; and\n    (v) geographical location (for example, urban, regional, and remote); and\n    (vi) level of competition present in the market for the supply of child care services; and\n    (vii) overall quality rating of the child care services provided, as assessed against the National Quality Standard (as at 1 February 2018) under the National Quality Framework, as published on the Australian Children’s Education and Care Quality Authority website; and\n    (d) factors affecting demand, supply and competition in the market for child care services, including:\n    (i) the extent and existence of supplier practices and strategies in response to the existing government funding arrangements and regulatory settings; and\n    (ii) the impacts on the market from the coronavirus known as COVID‑19, including the impact of the temporary coronavirus response measures contained in the Child Care Subsidy Minister’s Rules 2017; and\n    (e) the impact of the above factors on child care provider viability, quality and profits; and\n    (f) the impact and effectiveness of existing price regulation mechanisms and any impediments inherent in those mechanisms to their effective operation.","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Directions as to holding of the inquiry","content":"#### 7 Directions as to holding of the inquiry\n\n  Under subsection 95J(6) of the Act, the Commission in holding the inquiry is directed to do all of the following:\n    (a) give to the Treasurer a first interim report on the inquiry by no later than 30 June 2023;\n    (b) give to the Treasurer a second interim report on the inquiry by no later than 30 September 2023.","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Period for completing the inquiry","content":"#### 8 Period for completing the inquiry\n\n  For the purposes of subsection 95K(1) of the Act, the inquiry is be completed, and a report on the matter of inquiry given to the Treasurer, by no later than 31 December 2023.","sortOrder":8}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"The instrument directs the Commission to conduct a price inquiry into approved child care services within clearly specified boundaries and exclusions. It sets the analytical matters to be considered and reporting deadlines but does not expand investigatory scope beyond the limits stated in the instrument and the Act (ss5–8)."},"complexity_factors":["Cross‑references to multiple other statutes and definitions outside the instrument (Legislation Act 2003, Competition and Consumer Act 2010, Family Assistance Acts, Charities Act) (s4)","Detailed, multi‑dimensional data requirements covering costs, prices since 1 Jan 2018, provider types, quality ratings and geography (s6(b)–(c))","Explicit exclusions limiting inquiry scope (State/Territory supplies; review of other laws/programs except as necessary) that require legal interpretation (s5(1))","Requirement to assess effects of policy changes and COVID‑19 measures, including specific Minister’s Rules, adding temporal and causal complexity (s6(d)(ii), s6(b)(i)–(ii))","Prescriptive timeline with two interim reports and a fixed final report date creates procedural pressure (ss7–8)","Reliance on external standards and dated benchmarks (National Quality Standard as at 1 February 2018) introduces fixed reference‑point complexity (s6(c)(vii))","Potential compliance and data‑collection burden on private providers and operators to support the Commission’s analysis (s6 generally; s5 on scope)"],"plain_english_summary":"This direction requires the ACCC to hold a price inquiry into approved child care services (s5), examining providers’ costs and prices since 1 January 2018, competition, and regulatory effects (s6). It excludes supplies by State or Territory authorities and reviews of unrelated laws or Commonwealth programs (s5).  \n\nThe Commission must give interim reports to the Treasurer by 30 June and 30 September 2023 and a final report by 31 December 2023 (ss7–8). Providers and operators may bear data‑collection and compliance costs; the Commission controls inquiry scope and methods under the Act (ss5–6)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a targeted, time-bound ministerial direction for a specific price inquiry. It has not expanded beyond its original purpose of directing the ACCC to investigate child care pricing. The scope remains tightly focused on the 2022-2023 inquiry with defined reporting deadlines."},"complexity_factors":["Short instrument: only 8 sections across 2 Parts","Minimal defined terms: 9 definitions, all referencing external legislation rather than creating new concepts","Heavy reliance on external statutory cross-references (Competition and Consumer Act 2010, A New Tax System legislation, Charities Act 2013)","Simple conditional structure: primarily directive language ('is required to', 'is directed to') with limited nested exceptions","Clear exclusions in section 5(1) that are straightforward to parse","No delegated legislative powers or complex procedural mechanisms"],"plain_english_summary":"The government directs the ACCC to investigate why child care costs what it does, probing market drivers, whether subsidies and policies have lowered fees for families, and if providers are earning excessive profits. The inquiry will assess cost and price trends, competitive dynamics and the effectiveness of controls, while excluding state-run services and individual provider investigations. Its findings will inform whether public spending is reducing family costs or inflating provider margins."}},"importantCases":[],"_links":{"self":"/api/acts/competition-and-consumer-price-inquiry-child-care-direction-2022","history":"/api/acts/competition-and-consumer-price-inquiry-child-care-direction-2022/history","analysis":"/api/acts/competition-and-consumer-price-inquiry-child-care-direction-2022/analysis","conflicts":"/api/acts/competition-and-consumer-price-inquiry-child-care-direction-2022/conflicts","importantCases":"/api/acts/competition-and-consumer-price-inquiry-child-care-direction-2022/important-cases","documents":"/api/acts/competition-and-consumer-price-inquiry-child-care-direction-2022/documents"}}