Child Care Regulations (Repeal)

Legislation au C2004L04115 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

Statutory Rules 1986 NO 52

SUBJECT: CHILD CARE ACT 1972

 CHILD CARE REGULATIONS (REPEAL)

(Issued by authority of the Minister for Community Services, Senator the Hon Don Grimes.)

The Child Care Regulations (the Regulations) were made pursuant to section 25 of the Child Care Act 1972 (the Act).

The Act provides amongst other things for Commonwealth assistance to organisations operating child care centres providing care during the day for children all or the majority of whom are under school age.

The Regulations prescribe for the purposes of the Act criteria that have been used in determining the levels of assistance payable under the Act. The Regulations also prescribe matters for the purpose of a definition in the Act, and prescribe an allowance for members of committees established under the Act. The Regulations provide -

(a) for the purpose of each of paragraphs 11(2)(a), (b) and (c) of the Act. 75% as the prescribed proportion of salary or wages of a nurse or teacher employed at a child care centre during a quarter, to be used in calculating the rate of grant payable under section 11 of the Act (Regulation 3):

(b) for the purpose of paragraph 11(2)(d) of the Act. 34 as the prescribed number of places filled by children 3 years of age and over, to be used in calculating the rate of grant payable under section 11 of the Act (Regulation 3A);

(c) for the purpose of paragraph 11(2)(d) of the Act. 75% as the prescribed proportion of salary or wages for such number of teachers employed at a child care centre as the Minister determines, to be used in calculating the rate of grant payable under section 11 of the Act (Regulation 3B);

(d) the qualifications and experience in connection with nursing for the purpose of the definition of “nurse” in sub-section 11(5) of the Act (Regulation 4);

(e) for the purpose of sub-section 12(2) of the Act, two amounts representing the prescribed upper limits for children under 3 years of age and children 3 years of age and over, to be used in calculating the rate of grants with respect to children in special need (Regulation 5): and

(f) a motor vehicle allowance for members of committees established under Part V of the Act (Regulation 6).


Amendments made to the Act by the Social Security and Repatriation Legislation Amendment Act 1985 and the Child Care Amendment Act 1985 have removed the need for the Regulations.

Accordingly, the statutory rule will repeal the Regulations. The statutory rule will take effect from the date of notification in the Gazette.

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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.