Childcare Regulation Legal Challenge

Summary

Chichi can challenge the Child Care Centre Regulation 2019 on grounds of ultra vires if not tabled in Parliament, and reasonableness for the uniform requirement. Regulation 7 may be discriminatory due to its fee structure based on income and ethnicity. Legal advice is recommended for specific procedures based on location.

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SAMPLE QUESTION * – SUBSIDIARY LEGISLATION (* ISSUES) Under the Child Care Centre Act * (fictitious) the Minister is empowered to make regulations in respect of registration of childcare centres. The Minister, accordingly, formulated the Child Care Centre Regulation *. Two of the regulations below made some parents felt unhappy. Regulation *: Each child must be equipped with five pairs of uniforms. Regulation *: Fees differ according to the income of parents and their ethnicity. The above Regulation * has been in force with effect from * June * and was not tabled in the Parliament as required by the said Act. Chichi, a parent with two children in childcare finds the new regulation unfair and would like to challenge them. Advise Chichi. What are the regulations and relevant ground?
Chichi could challenge the regulations on the following grounds:
- Ultra Vires: Regulations not tabled in Parliament as required by the Act could be beyond the Minister's power.
- Discrimination: Regulation *'s fee structure based on income and ethnicity could be discriminatory.
- Reasonableness: Requiring five pairs of uniforms might be seen as unreasonable.
Where are you located? This will help determine the specific procedures and legal resources available to you.
What is the regulations and relevant ground for regulation *?
Regulation * requires each child to have five pairs of uniforms. Chichi could challenge this regulation on the following grounds:
- Ultra Vires: If the regulation was not tabled in Parliament as required, it may exceed the Minister's authority.
- Reasonableness: The requirement for five pairs of uniforms might be deemed unreasonable and burdensome.
Where are you located? This will help determine the specific procedures and legal resources available to you.
What can you elaborate
Chichi could challenge Regulation * based on:
- Ultra Vires: Regulation not tabled in Parliament may exceed the Minister's authority.
- Reasonableness: Requiring five pairs of uniforms may be seen as unreasonable.
Can you provide your location? This will help determine the specific procedures and legal resources available to you.