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

PART 6 - PROVISIONS RELATING TO INFORMATION  

Division 2 - Confidentiality  

SECTION 162B   Secretary may publish certain information relating to approved providers  

162B(1A)    

The Secretary may publish, by electronic means, information (including protected information) in relation to an approved provider, or a child care service of an approved provider, if the Secretary is satisfied on reasonable grounds that the information will, or is likely to, result in one or more of the following:

(a)    promoting transparency and accountability regarding the administration of CCS and ACCS by the provider;

(b)    promoting quality and safety of child care services of the provider;

(c)    encouraging compliance by the provider with the family assistance law.

162B(1)    

Without limiting subsection (1A) , information the Secretary may publish, by electronic means, in relation to an approved provider, includes the following:

(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;

(ea)    

the type of each child care service in respect of which the approved provider is approved;

(eb)    

the number of children enrolled for care for each child care service in respect of which the approved provider is approved;

(ec)    

the address and contact details, including telephone number and email address, of each child care service in respect of which the approved provider is approved;

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

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

162B(2)    

Without limiting subsection (1A) or (1) , the Secretary may publish protected information in an aggregated form covered by subsection 162(2B) .

162B(2A)    

The Secretary may authorise any of the following persons or bodies to electronically publish information covered by subsection (1A) , (1) or (2) :

(a)    an agency or authority of the Commonwealth;

(b)    a Department of State, or an agency or authority, of a State or Territory;

(c)    a body established under a law of the Commonwealth, a State or a Territory.

162B(2B)    

To avoid doubt, the publishing of protected information under this section is for the purposes of the family assistance law.

Note:

Section 162 authorises the use and disclosure of protected information for the purposes of the family assistance law. As well as having effect for the purposes of section 164 (which is about offences for unauthorised use of protected information), these authorisations have effect for the purposes of the Privacy Act 1988 and other laws.

Constitutional basis - additional operation of this section

162B(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).