Family Assistance Legislation Amendment (Cheaper Child Care) Act 2022 (66 of 2022)

Schedule 2   Reporting and publication of certain information relating to approved providers

Part 2   Publication of certain information relating to approved providers

A New Tax System (Family Assistance) (Administration) Act 1999

14   After section 162A

Insert:

162B Secretary may publish certain information relating to approved providers

(1) The Secretary may publish, by electronic means, the following information in relation to an approved provider:

(a) the name of the approved provider;

(b) the approved provider's ABN;

(c) the name of each child care service in respect of which the approved provider is approved;

(d) information given to the Secretary by the approved provider under the family assistance law about the fees charged by the approved provider for child care provided by each child care service referred to in paragraph (c);

(e) information in relation to any increases in the fees referred to in paragraph (d) that is prescribed by the Minister's rules;

(f) if the approved provider is a large child care provider covered by paragraph 4A(1)(a) or (b) - financial informationincluded in a report given to the Secretary by the provider under subsection 203BA(1);

(g) any other information prescribed by the Minister's rules.

Disclosure of personal information

(2) For the purposes of:

(a) paragraph 6.2(b) of Australian Privacy Principle 6; and

(b) a provision of a law of a State or Territory that provides that information that is personal may be disclosed if the disclosure is authorised by law;

the disclosure of personal information under subsection (1) is taken to be a disclosure that is authorised by this Act.

Constitutional basis - additional operation of this section

(3) In addition to section 85AB of the Family Assistance Act, this section also has the effect it would have if each reference to an approved provider were expressly confined to an approved provider that is a corporation to which paragraph 51(xx) of the Constitution applies.

Note: Section 85AB of the Family Assistance Act sets out the constitutional basis of the provisions of this Act in relation to child care subsidy and additional child care subsidy (including provisions in relation to approved providers).