Child Care (Transitional) Regulations 1998 1998 No. 64
EXPLANATORY STATEMENT
STATUTORY RULES 1998 No. 64
Issued by authority of the Minister for Family Services
Child Care Legislation Amendment Act 1998
Child Care (Transitional) Regulations 1998
Subsection 4(1) of the Child Care Legislation Amendment Act 1998 (the Amendment Act) provides that the regulations may deal with transitional matters relating to the amendments made by Schedule 1 to the Amendment Act. Subsection 4(2) provides that the Governor-General may make regulations for the purposes of this section.
The Amendment Act implements a number of 1997 Budget initiatives and amends a number of Acts including the Child Care Act 1972 ( the Act) with respect to Childcare Assistance and the Childcare Rebate. The 1997 Budget initiatives are the limitation to 20 hours per week of Childcare Assistance for non-work related care, the linking of eligibility for child care payments to immunisation and the planning arrangements for long day care centres.
The purpose of the Regulations is to ensure that the Child Care (Eligible Child Care Centres) Guidelines made by the Minister prior to the Amendment Act continue to be in force.
Item 5 of Schedule 1 to the Amendment Act repealed the guide-line making powers of the Minister in section 4C(1) of the Act. Those powers related to the exercise of any of the Minister's powers under section 4B of the Act. One of those powers was the Minister's power to determine that a child care centre is an eligible child care centre for the purposes of section 12A of the Act. The Minister had made Guidelines - the Child Care (Eligible Child Care Centres) Guidelines - in relation to the exercise of that power. Item 5 of Schedule 1 substitutes, in place of the repealed subsection 4C(1), a new subsection 4C(1) which sets out new guideline-making powers for the Minister.
These Regulations provide that the Child Care (Eligible Child Care Centres) Guidelines, after the repeal of the old subsection 4C(1) of the Act, continue in force as if they were made under the new subsection 4C(1) .
The Regulations commenced on gazettal.
Overview
The Child Care (Transitional) Regulations 1998 were enacted to address transitional issues arising from the Child Care Legislation Amendment Act 1998, which implemented several 1997 Budget initiatives related to child care assistance and rebates. These initiatives included limiting Childcare Assistance to 20 hours per week for non-work-related care, linking eligibility for child care payments to immunisation status, and introducing planning arrangements for long day care centres. The regulations were made under the authority of the Minister for Family Services and aim to ensure that the Child Care (Eligible Child Care Centres) Guidelines, previously established by the Minister, remain in effect despite the repeal of the guideline-making powers in the Child Care Act 1972. By maintaining these guidelines, the regulations facilitate a smooth transition and continuity in the administration of child care services in light of the legislative amendments.
Scope and Application
The Child Care (Transitional) Regulations 1998, issued under the authority of the Minister for Family Services, apply to matters arising from the amendments made by the Child Care Legislation Amendment Act 1998, specifically addressing transitional arrangements related to the Act. The Act itself applies to individuals and entities involved in the child care sector, including childcare centres, and the conduct and transactions related to childcare assistance and rebates. These Regulations ensure that the Child Care (Eligible Child Care Centres) Guidelines, which were in force prior to the Amendment Act, continue to be effective by aligning them with the new guideline-making powers established in the Act. The geographic reach of the Regulations is Commonwealth, as they pertain to national child care policies and programs. The Regulations do not introduce any new exclusions or exemptions beyond those already specified in the Amendment Act and the Act itself. They commenced on gazettal, meaning they came into effect immediately upon their publication in the Commonwealth Register of Legislation.
Key Provisions
The main operative sections of the Child Care (Transitional) Regulations 1998 (the Regulations) pertain to the transitional matters arising from the amendments made by the Child Care Legislation Amendment Act 1998 (the Amendment Act). Specifically, section 4(1) of the Amendment Act mandates that the regulations may address transitional issues related to the amendments. Section 4(2) further provides the authority for the Governor-General to make these regulations. The Regulations ensure that the Child Care (Eligible Child Care Centres) Guidelines, which were in force prior to the Amendment Act, remain effective. This is achieved by allowing the Guidelines to continue as if they were made under the new guideline-making powers specified in the amended Act.
The Regulations impose specific obligations on the relevant parties, particularly the Minister for Family Services. The primary obligation is to ensure that the Guidelines remain in force and applicable. This involves maintaining the eligibility criteria and standards for child care centres as outlined in the Guidelines. The Minister must also ensure that these Guidelines are consistent with the new guideline-making powers established by the Amendment Act. This requirement is crucial to maintaining continuity in the regulation of child care services during the transitional period.
In terms of consequences for non-compliance, the Regulations do not explicitly outline specific offences or penalties. However, failure to adhere to the Guidelines and the requirements set forth in the Amendment Act could potentially result in legal challenges or administrative actions. While the Regulations themselves do not prescribe maximum penalties, breaches of related child care laws could lead to civil or criminal consequences depending on the nature and severity of the breach. It is essential for the Minister and other relevant entities to comply with the Guidelines to avoid any legal repercussions and to ensure the smooth operation of child care services during this transitional period.