Childcare and Economic Opportunity Fund Act 2022 (NSW)

Childcare and Economic Opportunity Fund Act 2022 No 54

An Act to provide for financial assistance for the purposes of the provision of affordable and accessible childcare.

Part 1 Preliminary

1 Name of Act This Act is the Childcare and Economic Opportunity Fund Act 2022.

2 Commencement This Act commences on the date of assent to this Act.

3 Definitions In this Act— appointed member—see section 9(3)(c). Board—see section 9(1). Chairperson means the Chairperson of the Board. childcare means the type of care provided by an education and care service within the meaning of the Children (Education and Care Services) National Law (NSW). commissioned person—see section 5(1). Education Secretary means the Secretary of the Department of Education. financial year means a year ending on 30 June. Fund—see section 15. market monitoring report means a report prepared under section 5. officer of the Board—see section 11(2). program guidelines—see section 14(1)(b). strategic investment plan—see section 13(1).

Note— The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

4 Objective of Act (1) The principal objective of this Act is to increase participation in the State's workforce, particularly for women, by making quality childcare more affordable and accessible. (2) To achieve this object, this Act aims to— (a) reduce barriers to parents and carers participating in work, and (b) improve affordability and accessibility of childcare, and (c) support the early childhood education and care workforce and sector.

Part 2 Independent market monitoring reports

5 Preparation of independent reports (1) The Minister must commission a person (the commissioned person) to undertake a review into the childcare sector market, including by reviewing— (a) areas where the commissioned person considers— (i) there are childcare supply shortages, or (ii) there are higher barriers to parents or carers participating in work because of the affordability or accessibility, or both, of childcare, and (b) the state of the childcare sector, including the following— (i) workforce, (ii) pay and conditions, (iii) quality standards in the childcare sector. (2) After undertaking the review, the commissioned person must— (a) prepare a report setting out the findings of the review, including the matters set out in subsection (1)(a) and (b), and (b) give the report to the Minister. (3) The review and report must be— (a) undertaken and prepared every 2 years or other period prescribed by the regulations, and (b) tabled in each House of Parliament with the annual report tabled under section 22. (4) The commissioned person must— (a) be independent from the Board, and (b) have the expertise prescribed by the regulations. (5) Different commissioned persons may be commissioned for different years. (6) The Independent Pricing and Regulatory Tribunal of New South Wales may be a commissioned person but only with the consent of the Minister administering the Independent Pricing and Regulatory Tribunal Act 1992. (7) Regulations may be made about reviews and reports including the following— (a) additional matters that must be considered or included, (b) the times within which a report must be prepared and given to the Minister, (c) requirements for consultation, if any, (d) the period for which a report remains in force.