Child Care Act 1972
No. 121, 1972
Compilation No. 15
Compilation date: 10 March 2016
Includes amendments up to: Act No. 4, 2016
Registered: 24 May 2016
About this compilation
This compilation
This is a compilation of the Child Care Act 1972 that shows the text of the law as amended and in force on 10 March 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part I—Preliminary
1 Short title
2 Commencement
4 Interpretation
4A Child care centres
4B Eligible child care centres
4C Guidelines for eligible child care centres
Part II—Capital grants
Division 1—Approved projects
5 Interpretation of Division 1
6 Approval of projects
7 Grants for approved projects
Division 2—Approved equipment
8 Interpretation of Division 2
9 Approval of equipment
10 Grants for approved equipment
Part III—Recurrent grants
Division 1—Grants for new eligible child care centres
12 Grants in relation to establishment of new eligible child care centres
Part IIIA—Confidentiality
12J Authorised access to and use of protected information
12K Offence—unauthorised access to protected information
12L Offence—unauthorised use of protected information
12M Protection extends to court, tribunal etc. proceedings
12N Secretary’s certificate
12P Guidelines for exercise of Secretary’s disclosure power
12Q Offence—soliciting disclosure of protected information
12R Offence—untrue representations
12S Offences—offering to supply protected information
12T Freedom of Information Act not affected
12U Application of the Criminal Code
12V Crown not liable to be prosecuted for offences
Part IV—Research grants
13 Grants for research etc.
Part IVA—Grants in respect of the development of child care centres
13A Interpretation
13B Approval of projects related to the development of child care centres
Overview
The Child Care Act 1972, enacted by the Australian Parliament, was introduced to address the need for financial assistance in establishing and maintaining places where children, particularly those of pre-school age, can receive care outside their homes. The Act provides for capital and recurrent grants to support the development and operation of eligible child care centres, as well as funding for research related to child care. It also establishes advisory committees to advise on child care standards and other matters related to the administration of the Act. The legislation has undergone several amendments to align with changes in related laws and policy objectives, including updates to reflect changes in family assistance laws and to incorporate new definitions and guidelines for child care centres and their operations.
Scope and Application
The Child Care Act 1972 is a Commonwealth Act that provides for assistance by the Commonwealth in respect of places where children, who are not being cared for in their own homes or in the homes of other persons, can be cared for, in respect of the development of such places, and in respect of research in connection with the care of children. The Act applies to eligible child care centres, which are defined as places that provide child care for children who are residing in their own homes and are either of pre-school age or the majority of them are of pre-school age, and attend the place on a regular basis. Additionally, the place must provide child care for not less than 8 hours on each normal working day and on all normal working days in not less than 48 weeks in the year, or be a place that the Minister determines should be treated as a child care centre for the purposes of this Act. The Act applies to entities that operate eligible child care centres, which include bodies corporate, trusts, and unincorporated bodies that meet certain requirements, such as not being carried on for the purpose of profit or gain and not being a Commonwealth, State, or Territory authority. The Act also applies to the Australian Capital Territory and local governing bodies established by or under State or Territory law. The Act extends to the purchase or proposed purchase of land, the construction or alteration or proposed construction or alteration of a building or other improvement on land, and the acquisition by the operator of an eligible child care centre of equipment. The Act also extends to the approval of 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. The Act excludes certain types of entities, such as those that are carried on for the purpose of profit or gain or are a Commonwealth, State, or Territory authority. The Act also excludes certain types of equipment and projects that do not meet the requirements set out in the Act. The Act's application may be extended or restricted through subordinate instruments, such as regulations or guidelines.
Key Provisions
- The Child Care Act 1972 provides for financial assistance from the Commonwealth to eligible child care centres for capital and recurrent expenses, as well as for research in child care and related matters. Capital grants can be provided for approved projects related to the purchase, construction, or alteration of land or buildings used for child care centres, and for approved equipment. Recurrent grants can be provided for the establishment of new eligible child care centres, and for the development of child care centres in states or territories. Grants for research can be provided for studies related to child care and the development of child care methods. The Act also establishes advisory committees to advise on child care standards and the administration of the Act.
- The Act imposes various obligations on the parties it governs. Eligible child care centres must be operated by entities that meet specific criteria, such as being registered under the Australian Charities and Not-for-profits Commission Act 2012 or being established by a specified entity. The Minister must approve projects and equipment before grants can be made. Operators of eligible child care centres must comply with terms and conditions of grants, including provisions for the repayment of overpayments and the use and disposal of Commonwealth interests in land, buildings, and equipment. The Minister can enter into agreements with transferees of land or equipment to ensure compliance with grant conditions.
- The Act includes provisions for offences and penalties related to unauthorised access to and use of protected information, as well as solicitation of such information. Unauthorised access or use of protected information can result in imprisonment for up to 2 years. Soliciting the disclosure of protected information, making untrue representations for that purpose, and offering or holding oneself out as being able to supply protected information can also result in imprisonment for up to 2 years. These offences are subject to the general principles of criminal responsibility set out in Chapter 2 of the Criminal Code. The Crown is not liable to be prosecuted for offences under this Act.
- The Act also includes miscellaneous provisions, such as the authority for the Minister to delegate powers, the requirement for approvals and determinations to be in writing, and the manner of payment of grants. The Governor-General can make regulations to prescribe matters necessary for carrying out or giving effect to the Act. The Act specifies that its provisions do not affect the operation of the Freedom of Information Act 1982 and that the Criminal Code applies to all offences against the Act.
- Area of Law
- Administrative Law
- Family Law
- Social Security & Welfare Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Regulatory Standards
- Grants & Subsidies
- Compliance Obligations
- Enforcement Powers
- Confidentiality
- Advisory Committees
