A New Tax System (Family Assistance) (Administration) (Release of Protected Information) (DEEWR) Determination 2009 (No. 1)

Administered by Department of Education

Legislation au F2009L04160 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

A New Tax System (Family Assistance) (Administration) (Release of Protected Information) (DEEWR) Determination 2009 (No. 1)

 

Summary

The A New Tax System (Family Assistance) (Administration) (Release of Protected Information) (DEEWR) Determination 2009 (No. 1) (the Determination) is made by the Minister for Early Childhood Education, Childcare and Youth (the Minister) under subsection 162 (3) of the A New Tax System (Family Assistance) (Administration) Act 1999 (the Act).

 

The purpose of this Determination is to specify additional purposes relating to the Support for the Child Care System Program administered by DEEWR for which protected information may be obtained, recorded, disclosed or otherwise used.

 

This Determination allows for the disclosure of information about vacancies reported by approved child care services by placing that information on the mychild.gov.au website.

 

Publishing vacancy information will increase transparency in the child care industry and ensure that parents have the information necessary to make important decisions about care for their children.

 

The mychild website provides a comprehensive childcare hub which includes information on locations, fees, services and early learning programs via a searchable database.

 

Background

 

Section 162 of the Act sets out the purposes for which a person may obtain, record, disclose or otherwise use protected information. Protected information is defined in section 3 of the Act to include information about a person that is or was held in the records of the Department or the Commonwealth Services Delivery Agency (i.e. Centrelink). Under subsections 162 (1) and (2) a person may obtain, record disclose or otherwise use protected information for the purposes of:

  • the family assistance law; or
  • the Dental Benefits Act 2008; or
  • the Family Homelessness Prevention and Early Intervention Pilot; or
  • the Child Care Management System Pilot; or
  • if protected information is disclosed to a person under section 167 or 168 of the Act — for the purpose for which the information was disclosed under that section.

 

Subsection 162 (3) provides that the Minister may, by legislative instrument, specify additional purposes relating to other programs administered by the Department for which protected information may be obtained, recorded, disclosed or otherwise used under subsections 162 (1) and (2). This Determination provides that information may be obtained, recorded, disclosed or otherwise used for the purpose of informing members of the public about vacant child care places in approved child care services.

 

Explanation of Provisions

 

Section 1 states the name of the Determination.

 

Subsection 162 (5) of the Act provides that an instrument made under subsection 162 (3) does not take effect until the end of the period in which it could be disallowed by either House of Parliament.  Consequently, section 2 of the Determination states that it commences on the day after the end of the period in which it could be disallowed in either House of Parliament.  Section 42 of the Legislative Instruments Act 2003 sets out the period in which the Determination can be disallowed.

 

Section 3 contains definitions.

 

Section 4 states that protected information, as described in section 5, may be obtained, recorded, disclosed or otherwise used for the purpose of informing members of the public about vacant child care places in approved child care services. It is intended that this information will be made available by the Department on the mychild website (http://www.mychild.gov.au/).  This will allow child care vacancy information to be publicly available to assist parents in finding suitable child care.

 

Section 5 provides that the name, address and contact details of an approved child care service and the number and type of vacant child care places at an approved child care service may be obtained, recorded, disclosed or otherwise used in order to inform members of the public about vacant child care places in approved child care services. This is the type of information that will assist a parent to find and enrol their child in suitable child care.

 

Consultation

 

This determination is beneficial in nature and therefore consultation was not considered necessary.

 

Regulatory Impact Statement and Consultation

 

This Determination does not require a Regulatory Impact Statement (RIS) nor a Business Cost Calculator Figure.  This Determination is not regulatory in nature, will not impact on business activity and will have no, or minimal, compliance costs or competition impact.

Overview

The A New Tax System (Family Assistance) (Administration) (Release of Protected Information) (DEEWR) Determination 2009 (No. 1) was enacted to address the need for increased transparency and accessibility of information regarding child care vacancies in Australia. This Determination was made by the Minister for Early Childhood Education, Childcare and Youth under subsection 162(3) of the A New Tax System (Family Assistance) (Administration) Act 1999. The primary policy objective of this legislation is to enable the disclosure of information about vacancies reported by approved child care services on the mychild.gov.au website, thereby assisting parents in making informed decisions about child care options for their children. By specifying additional purposes for which protected information may be used, the Determination aims to enhance the availability of crucial information within the child care industry.

Scope and Application

The A New Tax System (Family Assistance) (Administration) (Release of Protected Information) (DEEWR) Determination 2009 (No. 1) applies to the Minister for Early Childhood Education, Childcare and Youth, who is empowered to specify additional purposes for which protected information may be used under the A New Tax System (Family Assistance) (Administration) Act 1999. This Determination specifically relates to the Support for the Child Care System Program administered by the Department of Education, Employment and Workplace Relations (DEEWR), and is intended to increase transparency within the child care industry by disclosing information about vacancies reported by approved child care services on the mychild.gov.au website. The information that may be used includes the name, address, and contact details of an approved child care service, as well as the number and type of vacant child care places available. This information is meant to assist parents in finding suitable child care for their children. The Determination applies nationally, given that it is a Commonwealth instrument, and it does not specify any exclusions, exemptions, or thresholds beyond those already outlined in the parent Act. It should be noted that the Determination itself is not regulatory and does not require a Regulatory Impact Statement or consultation, as it is intended to be beneficial in nature and will not impact business activity or compliance costs.

Key Provisions

The main operative sections of the A New Tax System (Family Assistance) (Administration) (Release of Protected Information) (DEEWR) Determination 2009 (No. 1) (sections 2 to 5) set out the specific purposes for which protected information may be obtained, recorded, disclosed, or otherwise used. Section 4 of the Determination specifies that protected information can be used to inform the public about vacant child care places in approved child care services, with this information intended to be made available on the mychild.gov.au website. Section 5 details the type of information that may be disclosed, including the name, address, contact details of the child care service, and the number and type of vacant places available. These provisions aim to increase transparency and provide parents with necessary information to make informed decisions about child care. The Determination imposes obligations on the Department of Education, Employment and Workplace Relations (DEEWR) to obtain, record, disclose, or otherwise use protected information for the specified purpose of informing the public about child care vacancies. The Department is required to make this information available on the mychild.gov.au website to assist parents in finding suitable child care. This requirement ensures that the public has access to accurate and up-to-date information about available child care places, thereby facilitating better decision-making for families. There are no explicit offences, penalties, or civil/criminal consequences outlined in the Determination for breaches of its provisions. However, any failure by DEEWR to comply with the requirements to disclose information about child care vacancies could result in the Department being held accountable for not providing the necessary information to the public. While the Determination itself does not specify penalties, the broader administrative and legal frameworks under which DEEWR operates may include provisions for addressing non-compliance, such as through administrative actions or legal proceedings under relevant legislation.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.