Explanatory Memorandum
(Circulated by authority of the Treasurer, the Hon Peter Costello, MP)Schedule 3 - Child Care Act 1972
This Schedule amends the Child Care Act 1972 (the Child Care Act) to make amendments that are consequential on the new family assistance structure and the repeal of the current forms of assistance to families.
The Child Care Act will continue in force despite the family assistance changes. It will continue to deal with matters relating to capital grants to child care providers. One of the portions of the Act that will still operate is Part IIIA relating to confidentiality. There are several provisions in this Part that refer to a person or an officer being authorised or required to disclose information, or performing duties or functions, under a specified law. The law specified in each case is this Act or the Social Security Act.
The amendments made by this Schedule remove references to the Social Security Act that appear throughout these provisions. This reference is no longer appropriate, given the reduced scope of the Child Care Act and new administrative arrangements.
Instead of this reference, the amendments insert reference to the family assistance law, defined to mirror the term used in the family assistance legislation. This is because information about the approval of child care services for the purposes of the new family assistance legislation will also be relevant for the capital grant function of the Child Care Act - information must be allowed to flow accordingly.
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