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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Schools
Assistance (Learning Together—Achievement Through Choice and Opportunity)
Bill 2004
No. ,
2004
(Education, Science and
Training)
A Bill for an Act to grant
financial assistance to the States for 2005 to 2008 for primary and secondary
education, and for related purposes
Contents
A Bill for an Act to grant financial assistance to the
States for 2005 to 2008 for primary and secondary education, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Schools Assistance (Learning
Together—Achievement Through Choice and Opportunity) Act
2004.
This Act commences, or is taken to have commenced, on 1 January
2005.
(1) This section is a simplified outline of this Act.
(2) Financial assistance may be paid to the States for both government and
non-government schools in the States for:
(a) the 2005 to 2008 calendar years (for grants for general recurrent
expenditure and expenditure for specific purposes); and
(b) the 2005 to 2011 calendar years (for grants for capital
expenditure).
(3) Payments may be authorised only for the purposes in Parts 5 to
10.
(4) Financial assistance to a State for government schools must not be
paid unless there is an agreement with the State. The agreement must set out the
conditions on financial assistance, including conditions that this Act requires
the agreement to include.
(5) Financial assistance to a State for a non-government school or system
of schools must not be paid unless:
(a) there is an agreement with the relevant authority of the school or
system that sets out the requirements that this Act requires the agreement to
include; and
(b) the list of non-government schools includes the school, or the schools
in the system.
(6) If there is a breach of a condition, the Minister may require an
amount to be repaid to the Commonwealth. Alternatively, the Minister may reduce
or delay the amount of other payments under this Act.
In this Act, unless the contrary intention appears:
AGSRC, for primary education for a program year,
means:
(a) the Average Government School Recurrent Costs in Schedule 1 for
primary education for the program year; or
(b) if regulations are made for the purposes of subsection 109(1) for
primary education for the program year—the amount specified in the
regulations for that year.
AGSRC, for secondary education for a program year,
means:
(a) the Average Government School Recurrent Costs in Schedule 1 for
secondary education for the program year; or
(b) if regulations are made for the purposes of subsection 109(1) for
secondary education for the program year—the amount specified in the
regulations for that year.
approved authority means a body determined under
section 9 to be an approved authority.
approved Catholic school system means a school
system:
(a) that is included in the list of approved school systems kept under
section 37; and
(b) for which the relevant authority is a Catholic education
authority.
approved school system means a school system that is included
in the list of approved school systems kept under section 37.
authorised person has the meaning given by subsection
16(4).
block grant authority means a body corporate that the
Minister determines to be a block grant authority for the purposes of
Division 3 of Part 6 in connection with non-government schools or
non-government rural student hostels.
body means any organisation or body, whether incorporated or
not, or an individual.
capital expenditure includes expenditure relating to any one
or more of the following:
(a) investigating the need for:
(i) schools, government rural student hostels or non-government rural
student hostels in particular areas; or
(ii) schools, government rural student hostels or non-government rural
student hostels of particular kinds in particular areas; or
(iii) buildings, parts of buildings, other facilities or
equipment;
(b) purchasing land, with or without buildings or parts of
buildings;
(c) planning for the erection, alteration, extension, demolition or
refurbishment of a building, part of a building or other facility;
(d) developing or preparing land for building or other purposes;
(e) erecting, altering, extending, demolishing or refurbishing a building,
part of a building or other facility;
(f) installing or upgrading water, electricity or any other
services;
(g) providing equipment, including information technology
equipment;
(h) providing furniture;
(i) providing library materials or obtaining services and goods for
cataloguing a library;
(j) payment to a block grant authority for its administrative
expenses.
child with disabilities means either:
(a) a child:
(i) who has not reached school age; and
(ii) in respect of whom a disability assessment has been made;
or
(b) a child:
(i) who is of school age; and
(ii) who does not attend a government school, a government centre, a
non-government school or a non-government centre; and
(iii) in respect of whom a disability assessment has been made.
current SES funding level, for a school with a particular SES
score, means the percentage of AGSRC in column 2 of the table in each of
Parts 1 and 2 of Schedule 4 that relates to that SES score.
disability assessment, for a child or a student, means an
assessment, by a person with relevant qualifications, that the child or student
has an intellectual impairment, a sensory impairment, a physical impairment, a
social impairment, an emotional impairment or more than one of those impairments
to a degree that satisfies the criteria for eligibility to access:
(a) special education services; or
(b) special education programs;
provided by the Government of the State in which the child or student
resides.
Education Assistance Act means this Act, the former Act, the
1996 Act or the 1992 Act.
education in English as a second language for eligible new
arrivals means education that is provided for the purpose of teaching
the English language to eligible new arrivals by means of intensive
instruction.
eligible new arrival means a person:
(a) whose first language is not English; and
(b) who satisfies criteria determined by the Minister for the purposes of
this paragraph for being a person newly arrived in Australia; and
(c) to whom one or more of the following subparagraphs applies:
(i) the person is an Australian citizen;
(ii) the person holds a permanent visa in force under the Migration Act
1958;
(iii) the person is included in a permanent visa in force under that
Act;
(iv) the person is not an Australian citizen but has his or her permanent
home in the Territory of Christmas Island or in the Territory of Cocos (Keeling)
Islands;
(v) the person satisfies criteria determined by the Minister for the
purposes of this subparagraph.
A determination under subparagraph (c)(v) of this definition may
take effect from a day before the day on which the determination was made, but
not before 1 January 2005.
ESL course means a course designed to teach English as a
second language.
ESL new arrivals amount, for a program year, means the amount
in Part 2 of Schedule 7 for the program year.
former Act means the States Grants (Primary and Secondary
Education Assistance) Act 2000.
funding level has the meaning given by
section 6.
government centre means a place conducted by or on behalf of
the Government of a State at which special education is provided.
government educational institution has the meaning given by
subsection 96(2).
government rural student hostel means a hostel in a State
whose primary purpose is to provide accommodation for students from rural areas
who are undertaking education at government schools in the State (whether or not
it also provides accommodation for other students), but does not include a
hostel that is conducted for profit.
government school, in relation to a State, means a school in
the State that is conducted by or on behalf of the Government of the
State.
guardian, in relation to a child, includes a person who has
been granted (whether alone or jointly with another person or other persons)
guardianship of the child under the law of the Commonwealth or of a State or
Territory.
level of education means a thing determined under
section 7.
list of approved school systems means the list of approved
school systems kept under section 37.
list of non-government schools means the list of
non-government schools kept under section 36.
location proposal has the meaning given by subsection
49(2).
new school proposal has the meaning given by subsection
49(4).
nominated authority means a body nominated under
section 10.
non-government body means a body that is not managed or
controlled by or on behalf of the Government of a State and:
(a) includes an approved school system, a systemic school, a non-systemic
school, a non-government centre and a non-government rural student hostel;
and
(b) for the purposes of grants under section 88 for projects in
connection with non-government rural student hostels—includes a local
government body.
non-government centre has the meaning given by subsection
107(3).
non-government rural student hostel means a hostel:
(a) that is in a State; and
(b) that is conducted by a non-government body; and
(c) whose primary purpose is to provide accommodation for students from
rural areas who are undertaking education at schools in the State (whether or
not it also provides accommodation for other students);
but does not include a government rural student hostel or a hostel that is
conducted for profit.
non-government school means a school in a State that is not
conducted by or on behalf of the Government of a State, but does not include a
school conducted for profit.
non-systemic school means a non-government school
that:
(a) is not included in an approved school system; and
(b) is in the list of non-government schools as not being included in an
approved school system.
number of primary distance education students, for a
non-government school in a State for a program year, means the number of
students (including the full-time equivalent of part-time students) receiving
primary distance education at the school on the schools census day for the
school for the program year.
number of primary students, for a non-government school in a
State for a program year, means the number of students (including the full-time
equivalent of part-time students) receiving primary education at the school on
the schools census day for the school for the program year, but not including
students receiving primary distance education.
number of secondary distance education students, for a
non-government school in a State for a program year, means the number of
students (including the full-time equivalent of part-time students) receiving
secondary distance education at the school on the schools census day for the
school for the program year.
number of secondary students, for a non-government school in
a State for a program year, means the number of students (including the
full-time equivalent of part-time students) receiving secondary education at the
school on the schools census day for the school for the program year, but not
including students receiving secondary distance education.
overseas student has the meaning given by subsection
56(2).
program year means:
(a) the 2005, 2006, 2007 or 2008 calendar year; or
(b) in relation to capital grants—the 2005, 2006, 2007, 2008, 2009,
2010 or 2011 calendar year.
public service employee means an APS employee.
Note: APS employee is defined in the Acts
Interpretation Act 1901.
qualified accountant has the meaning given by subsection
25(2).
recurrent expenditure means expenditure relating to the
ongoing operating costs of schools.
relevant authority, for a non-government body,
means:
(a) the approved authority or nominated authority for the body;
or
(b) in respect of a payment for a project administered by a block grant
authority—the block grant authority.
relevant Minister, in relation to a provision of the former
Act, means (except in a reference to a State Minister) the Minister who
administered that provision.
school includes a proposed school, but does not include a
school at which education is provided at a standard (however described) that is
pre-school standard only.
schools census day, for a State for a program year, means the
day in that year (being a day as close as possible to 1 August in that
year) that the State Minister notifies the Minister is the schools census day
for the State for that year.
schools census day means:
(a) for a non-systemic school, or an approved school system, in a State
for a program year—the schools census day for the State for that program
year; or
(b) for a non-systemic school, or an approved school system, for a program
year and in relation to which the Minister has, because of special
circumstances, declared a particular day in that program year to be the schools
census day for the school or system for that program year—the day so
declared; or
(c) for a non-systemic school, or an approved school system, in a State
for a program year if:
(i) paragraphs (a) and (b) do not apply; and
(ii) the State Minister and the Minister have agreed that a particular day
in that program year is to be the schools census day for the school or system
for that program year;
the day so agreed.
secondary education means junior secondary education or
senior secondary education.
section 20 agreement means an agreement made as
mentioned in section 20.
SES score has the meaning given by section 8.
special education means education under special programs, or
special activities, designed specifically for children with disabilities or
students with disabilities, or both.
special school means a school in a State that:
(a) has been, or is likely to be, recognised by the State Minister as a
special school; and
(b) provides special education.
State includes the Australian Capital Territory and the
Northern Territory.
State Minister, for a State, means the Minister of the State
who is responsible, or primarily responsible, for the administration of matters
relating to school education in the State.
student with disabilities means a student:
(a) who attends a government school, a government centre, a non-government
school (whether or not as a distance education student) or a non-government
centre; and
(b) in respect of whom a disability assessment has been made.
systemic school means a non-government school that:
(a) is included in an approved school system; and
(b) is in the list of non-government schools as being included in an
approved school system.
the 1992 Act means the States Grants (Primary and
Secondary Education Assistance) Act 1992.
the 1996 Act means the States Grants (Primary and
Secondary Education Assistance) Act 1996.
year 2000 funding level, for a school, means the percentage
of AGSRC in column 1 of the table in each of Parts 3 and 4 of
Schedule 4 to the former Act that was used to determine amounts payable in
respect of the school for the 2004 program year.
year 2004 funding level, for a school, means the percentage
of AGSRC in column 2 of the table in each of Parts 1 and 2 of
Schedule 4 to the former Act that was used to determine amounts payable in
respect of the school for the 2004 program year.
year 2004 primary amount, for a school, means the amount in
column 6 of the table in Part 1 of Schedule 4 to the former Act that
was used to determine amounts payable in respect of the school for the 2004
program year.
year 2004 secondary amount, for a school, means the amount in
column 6 of the table in Part 2 of Schedule 4 to the former Act that
was used to determine amounts payable in respect of the school for the 2004
program year.
(1) For the purposes of this Act, a student is taken not to be receiving
primary education or not to be receiving secondary education (as appropriate) at
a non-government school unless:
(a) the student attends, on a daily basis, the school at a location
specified in the list of non-government schools in respect of the school;
or
(b) the Minister has determined that the student is to be treated (because
of special circumstances) as so attending the school.
(2) For the purposes of this Act, a student is taken not to be receiving
primary distance education or not to be receiving secondary distance education
(as appropriate) at a non-government school in a State if:
(a) the student does not reside in the State; or
(b) the school is not approved in accordance with the law of the State in
which the school is located to provide distance education; or
(c) the student is approved as a home education student (however
described) in accordance with the law of the State in which the student
resides.
For the purposes of this Act, funding level, for a school,
means:
(a) the school’s current SES funding level if Subdivision C or F of
Division 2 of Part 6 is used to work out the funding for the
school’s general recurrent expenditure; or
(b) the school’s year 2000 funding level if Subdivision D of
Division 2 of Part 6 is used to work out the funding for the
school’s general recurrent expenditure; or
(c) the school’s year 2004 funding level if Subdivision E of
Division 2 of Part 6 is used to work out the funding for the
school’s general recurrent expenditure; or
(d) 70.0% of AGSRC if Subdivision G of Division 2 of Part 6
(which deals with special schools) is used to work out the funding for the
school’s general recurrent expenditure.
(1) For the purposes of this Act, the Minister may make a determination
declaring what is a level of primary education or a level of secondary education
for a State. The determination may relate to:
(a) education provided at schools generally; or
(b) education provided at schools included in a particular class of
schools.
(2) In making a determination under subsection (1), the Minister must
have regard to the arrangements made for providing education at government
schools in the State. This does not limit the matters to which the Minister may
have regard.
(3) The Minister must cause a copy of each determination under
subsection (1) to be published in the Gazette as soon as practicable
after the determination is made.
(4) A reference in this Act to a level of education at a school in a State
includes a reference to a year in a course of primary education or secondary
education provided at the school at a level, determined by the Minister, that
applies to the school.
(1) For the purposes of this Act, an SES score means a whole
number determined by the Minister for a school in accordance with guidelines
approved by the Minister.
(2) Guidelines approved by the Minister for the purposes of
subsection (1) are a legislative instrument for the purposes of the
Legislative Instruments Act 2003.
The Minister may determine that a body is the approved
authority of:
(a) an approved school system; or
(b) a non-systemic school; or
(c) a non-government school; or
(d) a non-government rural student hostel; or
(e) another non-government body;
for the purposes of the provision of this Act in which the expression
appears.
A group of non-government schools may make a written nomination to the
Secretary of the Department of a body to be the nominated
authority of the group for the purposes of this Act or of a particular
provision or particular provisions of this Act.
(1) This section is a simplified outline of this Part.
(2) Financial assistance to a State for government schools must not be
paid unless there is an agreement between the Commonwealth and the
State.
(3) The agreement must set out the conditions of financial assistance
required by Division 2. The agreement may also set out other
conditions.
(4) If there is a breach of a condition, the Minister may require an
amount to be repaid to the Commonwealth. Alternatively, the Minister may reduce
or delay the amount of other payments under this Act.
(5) Financial assistance to a State for a non-government school or system
must not be paid unless there is an agreement between the Commonwealth and the
relevant authority of the school or system that sets out the requirements
mentioned in Division 3. The agreement may also set out other
requirements.
(6) If there is a breach of a requirement, the Minister may require an
amount to be repaid to the Commonwealth. Alternatively, the Minister may reduce
or delay the amount of other payments for the non-government school under this
Act.
(7) The grant to a State of financial assistance for a non-government
school for a program year is subject to conditions.
(1) The Minister must not authorise a payment to a State under a provision
of this Act for government schools for a program year unless the State has made
an agreement with the Commonwealth that sets out:
(a) a commitment by the State to the National Goals for Schooling prepared
by the Ministerial Council on Education, Employment, Training and Youth Affairs;
and
(b) a commitment by the State to achieve the performance targets, and
report against the performance measures, specified in the regulations;
and
(c) a commitment by the State to the publication, within one year after
the end of each program year, of a national report on the outcomes of schooling;
and
(d) a commitment by the State to ensure that school performance
information is made publicly available; and
(e) a commitment by the State to report to the Minister about student
attendance at each government school in the State, in a manner that is
meaningful and allows ready comparisons to be made between different States;
and
(f) a commitment by the State to the development, before 1 January
2006, of Statements of Learning that describe the key knowledge, understandings,
skills and capacities in English, mathematics, science, and civics and
citizenship education that each child should have the opportunity to acquire at
school; and
(g) a commitment by the State to implement those Statements of Learning,
either:
(i) as part of the State’s next curriculum review if that review
starts after 1 January 2006 and ends before 1 January 2008;
or
(ii) before 1 January 2008 if the State does not undertake such a
curriculum review; and
(h) a commitment by the State to put into place common testing standards
in English, mathematics, science, and civics and citizenship education;
and
(i) a commitment by the State to put into effect, before 1 January
2006, the National Safe Schools Framework endorsed by the Ministerial Council on
Education, Employment, Training and Youth Affairs; and
(j) a commitment by the State to provide, in the curriculum of each
government school in the State, at least 2 hours of physical activity each
school week for students undertaking primary education and junior secondary
education at the school; and
(k) a commitment by the State to give the principal, and the governing
body, of each government school in the State strengthened autonomy over, and
responsibility for, education programs, staffing, budget and other aspects of
the school’s operations within a supportive framework of broad systemic
policies; and
(l) without limiting paragraph (k), a commitment by the State that
appointments of staff in each government school in the State will be made with
the approval of the principal, or the governing body, of the school;
and
(m) a commitment by the State to implement, before 1 January 2006, a
consistent national system for the timely transmission between schools of
student information relating to students moving interstate; and
(n) a commitment by the State to ensure that the parents, guardians or
other persons who have care and control of each child attending a government
school in the State are given a report on the child’s achievement against
the appropriate national benchmarks for years 3, 5 and 7; and
(o) a commitment by the State to the achievement, before 1 January
2010, of:
(i) national consistency in the age at which a child starts the
educational level undertaken in the year starting one year before the child
starts year 1; and
(ii) a nationally consistent description for the educational level a child
undertakes in the year starting 2 years before the child starts year 1;
and
(iii) a nationally consistent description for the educational level a
child undertakes in the year starting one year before the child starts year 1;
and
(p) the commitment mentioned in section 13; and
(q) the conditions mentioned in section 14; and
(r) the conditions mentioned in sections 16, 17, 18 and 19.
(2) The agreement mentioned in subsection (1) may have been made
before the commencement of this Act.
For the purposes of paragraph 12(1)(p), the agreement must include a
commitment by the State to ensure that each government school in the State gives
the parents, guardians or other persons who have care and control of each child
attending the school student reports, relating to the child, that:
(a) use plain language and are able to be readily understood by the
parents, guardians or other persons who have care and control of the child;
and
(b) are timely and given at least twice in any program year; and
(c) give an accurate and objective assessment of the child’s
progress and achievement, including an assessment of the child’s
achievement:
(i) against national standards, if such standards are available;
and
(ii) relative to the performance of the child’s peer group at the
school; and
(d) are confidential and deal with the child’s academic and
non-academic learning; and
(e) are followed by an opportunity for the child and the parents,
guardians or other persons who have care and control of the child to meet with
the child’s teachers to discuss all aspects of the report and for the
school to give constructive advice about supporting the child’s further
progress at school; and
(f) meet any other requirements specified in the regulations.
(1) For the purposes of paragraph 12(1)(q), the agreement must include the
following conditions:
(a) a condition that the amount of the payment is to be spent for the
purposes determined by the Minister and set out in the condition;
(b) a condition that the State will provide to the Minister reports about
the expenditure of the financial assistance that contain information of a kind
that the Minister thinks appropriate relating to that assistance to the
State;
(c) a condition that the State will provide the reports mentioned in
paragraph (b) to the Minister at the times, and in the manner, that the
Minister thinks appropriate.
Note: The purposes that may be set out in the condition and
determined by the Minister are those in Parts 5 to 10.
(2) The agreement with the State may also include other conditions that
the Minister thinks appropriate in relation to financial assistance to the
State.
The grant to a State under this Act of financial assistance for
government schools for a program year is subject to the conditions set out in
the agreement made between the State and the Commonwealth as mentioned in
section 12 in respect of the financial assistance.
(1) One condition is that the State will:
(a) give the Secretary of the Department a certificate by the State
Minister (or by an authorised person) stating whether the amount or the sum of
the amounts of financial assistance paid to the State under a provision of this
Act for the program year has been spent (or committed to be spent) for that
program year for the purpose for which the assistance was granted; and
(b) give the certificate to the Secretary of the Department on or before
30 June next following the program year concerned or such other date as the
Minister determines.
(2) A further condition is that, if not all the amount or amounts of the
assistance were spent (or committed to be spent) by the State for the program
year concerned for the purpose for which the assistance was granted, the State
will, if the Minister so determines, pay to the Commonwealth the amount stated
in the determination within a period determined by the Minister.
(3) The amount stated in the determination must not be more
than:
(a) the unspent or uncommitted amount; or
(b) the sum of the unspent or uncommitted amounts.
(4) In this Act:
authorised person, for a State, means:
(a) the Auditor-General of the State; or
(b) another person acting with the authority of the State Minister of the
State.
(1) A further condition is that the State will do each of the
following:
(a) participate in preparing a national report on the outcomes of
schooling for each program year;
(b) give the Minister (for inclusion in the report mentioned in
paragraph (a)) a report or reports, of a kind or kinds required by the
Minister, addressing the requirements for performance information specified in
the regulations;
(c) give the Minister (for inclusion in the report mentioned in
paragraph (a)) a report or reports, of a kind or kinds required by the
Minister, in relation to the student attendance information specified in the
regulations;
(d) give the Minister (for inclusion in the report mentioned in
paragraph (a)) any other report or reports, of a kind or kinds required by
the Minister.
(2) A condition referred to in paragraph (1)(a), (b), (c) or (d) must
be satisfied not later than:
(a) if the Minister determines a date or dates for the purposes of that
paragraph—that date or dates; or
(b) in any other case—a date or dates that will allow publication of
the report mentioned in paragraph (1)(a) to happen within one year after
the end of each program year.
(3) A further condition is that the State will do each of the following
not later than a date or dates determined by the Minister for the purposes of
each paragraph:
(a) give the Minister a report or reports, of a kind or kinds required by
the Minister, in relation to financial assistance provided to the State under
this Act;
(b) participate in evaluating the outcomes of programs of financial
assistance provided under this Act;
(c) give the Minister a report or reports, of a kind or kinds required by
the Minister, in relation to the State’s expenditure on the professional
learning of teachers in government schools in the State;
(d) ensure that each government school in the State gives the parents,
guardians or other persons who have care and control of each child
who:
(i) attends the school; and
(ii) undertakes at the school a standard assessment in reading, writing,
spelling and numeracy at year 3, 5 or 7;
a report of the results of that assessment against the appropriate
national benchmarks, specified in the regulations, for years 3, 5 and
7;
(e) ensure that the school performance information specified in the
regulations is made publicly available and, if the regulations specify the
manner in which the information is to be made publicly available, ensure that
the information is made publicly available in that manner;
(f) if the Minister considers that the State has not achieved the
performance targets specified in the regulations and the Minister has directed
the State to take the action specified in the direction—give the Minister
a report on the action taken in response to the direction.
(4) A further condition is that the State will implement, before
1 January 2008, in accordance with the regulations, the common testing
standards, including common national tests, specified in the regulations, in
English, mathematics, science, and civics and citizenship education.
(1) A further condition is that if the State does not fulfil a condition
mentioned in section 14, within the period stated in the agreement or does
not fulfil a condition mentioned in section 16 or 17 by the date specified
in the section or the date determined by the Minister for the purposes of the
section:
(a) the State will, if the Minister so determines, repay to the
Commonwealth the amount stated in the determination; and
(b) if the State does not do so, the Minister may make a determination
reducing any other amount or amounts of financial assistance for the State under
this Act for government schools by an amount or amounts totalling not more than
the amount stated in the determination under paragraph (a); and
(c) the Minister may delay the making of any further payment to the State
under this Act for government schools until the State fulfils this
condition.
Note: A determination mentioned in paragraph (1)(b) is
made under section 31.
(2) The amount stated in the determination under paragraph (1)(a)
must not be more than the sum of the amounts of financial assistance paid to the
State under the provision for the program year concerned.
A further condition is that if the amount of financial assistance paid to
the State under a provision of this Act for government schools exceeds the
amount that was properly payable:
(a) the State will, if the Minister so determines, pay to the Commonwealth
the amount (not more than the excess) stated in the determination; and
(b) if the State does not do so, the Minister may make a determination
reducing any other amount or amounts of financial assistance for the State under
this Act for government schools by an amount or amounts not more than the amount
stated in the determination under paragraph (a).
Note: A determination mentioned in paragraph (b) is
made under section 31.
(1) The Minister must not authorise a payment to a State under this Act
for a non-government body unless the relevant authority of the non-government
body has made an agreement with the Commonwealth that complies with
section 21 for the program year for which the payment is to be
made.
(2) The agreement mentioned in subsection (1) may have been made
before the commencement of this Act.
(3) The Minister may refuse to authorise a payment to a State under this
Act for a non-government school, or for a non-government school for a particular
level of education, during any period when the State Minister does not
recognise:
(a) the school; or
(b) the school for that level of education.
(4) The Minister may refuse to authorise, or may delay, a payment to a
State under this Act for a non-government body if the relevant authority of the
non-government body is a body corporate:
(a) that is being wound up; or
(b) in respect of whose property a receiver has been appointed;
or
(c) whose affairs are under the control of a manager.
(5) The Minister may refuse to authorise, or may delay, a payment to a
State under this Act for a non-government body if:
(a) the relevant authority of the non-government body is not a body
corporate; and
(b) the Minister considers that:
(i) the liabilities of the relevant authority are substantially greater
than its assets; or
(ii) the relevant authority is (and is likely to continue for a
substantial period to be) unable to pay its debts as and when they fall due for
payment.
A section 20 agreement with the relevant authority for a
non-government school, or approved school system, must include the
following:
(a) a commitment by the relevant authority to the National Goals for
Schooling prepared by the Ministerial Council on Education, Employment, Training
and Youth Affairs;
(b) a commitment by the relevant authority to achieve the performance
targets, and report against the performance measures, specified in the
regulations;
(c) a commitment by the relevant authority to the publication, within one
year after the end of each program year, of a national report on the outcomes of
schooling;
(d) a commitment by the relevant authority to ensure that school
performance information is made publicly available;
(e) a commitment by the relevant authority to report to the Minister about
student attendance at the school, or each school in the approved school system,
in a manner that is meaningful and allows ready comparisons to be made between
different States;
(f) a commitment by the relevant authority to the development, before
1 January 2006, of Statements of Learning that describe the key knowledge,
understandings, skills and capacities in English, mathematics, science, and
civics and citizenship education that each child should have the opportunity to
acquire at school;
(g) a commitment by the relevant authority to implement those Statements
of Learning, either:
(i) as part of the relevant authority’s next curriculum review if
that review starts after 1 January 2006 and ends before 1 January
2008; or
(ii) before 1 January 2008 if the relevant authority does not
undertake such a curriculum review;
(h) a commitment by the relevant authority to put into place common
testing standards in English, mathematics, science, and civics and citizenship
education;
(i) a commitment by the relevant authority to put into effect, before
1 January 2006, the National Safe Schools Framework endorsed by the
Ministerial Council on Education, Employment, Training and Youth
Affairs;
(j) a commitment by the relevant authority to provide, in the curriculum
of the school, or each school in the approved school system, at least 2 hours of
physical activity each school week for students undertaking primary education
and junior secondary education at the school or those schools;
(k) a commitment by the relevant authority to give the principal, and the
governing body, of the school, or each school in the approved school system,
strengthened autonomy over, and responsibility for, education programs,
staffing, budget and other aspects of the school’s, or each of those
schools’, operations within a supportive framework of broad systemic
policies;
(l) without limiting paragraph (k), a commitment by the relevant
authority that:
(i) appointments of staff in the school or each school in the approved
school system will be made with the approval of the principal, or the governing
body, of the school or each of those schools; and
(ii) in the case of a Catholic school, such appointments will take account
of the relationship of the school with the bishop, parish priests and the
leadership of religious institutions;
(m) a commitment by the relevant authority to implement, before
1 January 2006, a consistent national system for the timely transmission
between schools of student information relating to students moving
interstate;
(n) a commitment by the relevant authority to ensure that the parents,
guardians or other persons who have care and control of each child attending the
school, or a school in the approved school system, are given a report on the
child’s achievement against the appropriate national benchmarks for years
3, 5 and 7;
(o) a commitment by the relevant authority to the achievement, before
1 January 2010, of:
(i) national consistency in the age at which a child starts the
educational level undertaken in the year starting one year before the child
starts year 1; and
(ii) a nationally consistent description for the educational level a child
undertakes in the year starting 2 years before the child starts year 1;
and
(iii) a nationally consistent description for the educational level a
child undertakes in the year starting one year before the child starts year
1;
(p) the commitment mentioned in section 22;
(q) the matters required by sections 24, 25, 26, 27 and 28;
(r) any provision required by paragraph 45(2)(d);
(s) any provision required by paragraph 47(4)(b);
(t) any provision required by paragraph 48(4)(e).
For the purposes of paragraph 21(1)(p), a section 20 agreement must
include a commitment by the relevant authority for a non-government school, or
approved school system, to ensure that the school, or each school in the
approved school system, gives the parents, guardians or other persons who have
care and control of each child attending the school student reports, relating to
the child, that:
(a) use plain language and are able to be readily understood by the
parents, guardians or other persons who have care and control of the child;
and
(b) are timely and given at least twice in any program year; and
(c) give an accurate and objective assessment of the child’s
progress and achievement, including an assessment of the child’s
achievement:
(i) against national standards, if such standards are available;
and
(ii) relative to the performance of the child’s peer group at the
school; and
(d) are confidential and deal with the child’s academic and
non-academic learning; and
(e) are followed by an opportunity for the child and the parents,
guardians or other persons who have care and control of the child to meet with
the child’s teachers to discuss all aspects of the report and for the
school to give constructive advice about supporting the child’s further
progress at school; and
(f) meet any other requirements specified in the regulations.
A section 20 agreement may also include any other provisions that
the Minister thinks appropriate in relation to the relevant authority.
(1) A section 20 agreement must require amounts received by the
relevant authority from the State, as a result of the payment to the State for
the non-government body, to be spent for purposes determined by the Minister and
set out in the agreement (which may include the purpose of paying administrative
expenses incurred by the authority).
Note: The purposes that may be determined by the Minister
and set out in the agreement are those in Parts 5 to 10.
(2) The agreement must require the relevant authority to allow a person
authorised in writing by the Minister for the purpose, with such help as the
person requires:
(a) to have full and free access, at all reasonable times after giving
reasonable notice to the relevant authority, to accounts, records and documents
of the relevant authority relating to information that the relevant authority is
required under the agreement to give to the Minister; and
(b) to take extracts from, or make copies of, any such accounts, records
and documents.
(1) A section 20 agreement must require the relevant
authority:
(a) to give the Secretary of the Department a certificate by a qualified
accountant stating whether an amount equal to the sum of the amounts mentioned
in subsection 24(1) has been spent (or committed to be spent) for the program
year for the purposes mentioned in that subsection; and
(b) to give the Secretary of the Department the certificate on or before
30 June next following the program year concerned or such other date as the
Minister determines.
(2) In this Act:
qualified accountant means a person who:
(a) is registered, or is taken to be registered, as a company auditor
under Part 9.2 of the Corporations Act 2001; or
(b) is a member of the Institute of Chartered Accountants in Australia,
the Australian Society of Certified Practising Accountants or any other body
prescribed for the purposes of subparagraph 1280(2)(a)(i) of the Corporations
Act 2001; or
(c) is approved by the Minister as a qualified accountant for the purposes
of this Act.
(1) A section 20 agreement must require the relevant authority for a
non-government school, or approved school system, to do each of the
following:
(a) participate in preparing a national report on the outcomes of
schooling;
(b) give the Minister (for inclusion in the report mentioned in
paragraph (a)) a report or reports, of a kind or kinds required by the
Minister, addressing the requirements for performance information specified in
the regulations;
(c) give the Minister (for inclusion in the report mentioned in
paragraph (a)) a report or reports, of a kind or kinds required by the
Minister, in relation to the student attendance information specified in the
regulations;
(d) give the Minister (for inclusion in the report mentioned in
paragraph (a)) any other report or reports, of a kind or kinds required by
the Minister.
(2) A requirement referred to in paragraph (1)(a), (b), (c) or (d)
must be satisfied not later than:
(a) if the Minister determines a date or dates for the purposes of that
paragraph—that date or dates; or
(b) in any other case—a date or dates that will allow publication of
the report mentioned in paragraph (1)(a) to happen within one year after
the end of each program year.
(3) A section 20 agreement must require the relevant authority for a
non-government school, or approved school system, to do each of the following
not later than a date or dates determined by the Minister for the purposes of
each paragraph:
(a) give the Minister a report or reports, of a kind or kinds required by
the Minister, in relation to programs of financial assistance provided under
this Act so far as they relate to the authority;
(b) participate in evaluating the outcomes of those programs;
(c) give the Minister a report or reports, of a kind or kinds required by
the Minister, in relation to the relevant authority’s expenditure on the
professional learning of teachers in the school or approved school
system;
(d) ensure that the school, or each school in the approved school system,
gives the parents, guardians or other persons who have care and control of each
child who:
(i) attends the school; and
(ii) undertakes at the school a standard assessment in reading, writing,
spelling and numeracy at year 3, 5 or 7;
a report of the results of that assessment against the appropriate
national benchmarks, specified in the regulations, for years 3, 5 and
7;
(e) ensure that the school performance information specified in the
regulations is made publicly available and, if the regulations specify the
manner in which the information is to be made publicly available, ensure that
the information is made publicly available in that manner;
(f) if the Minister considers that the relevant authority has not achieved
the performance targets specified in the regulations and the Minister has
directed the relevant authority to take the action specified in the
direction—give the Minister a report on the action taken in response to
the direction.
(4) A section 20 agreement must require the relevant authority to
implement, before 1 January 2008, in accordance with the regulations, the
common testing standards, including common national tests, specified in the
regulations, in English, mathematics, science, and civics and citizenship
education.
A section 20 agreement must contain a provision that, if the
relevant authority does not comply with a requirement set out in the agreement
within the period required by or under the agreement or within such further
period as the Minister allows:
(a) the relevant authority will, if the Minister so determines, pay to the
Commonwealth an amount (not more than the sum of the amounts mentioned in
subsection 24(1)) stated in the determination; and
(b) if the relevant authority does not do so, the Minister may make a
determination reducing any other amount or amounts of financial assistance for
the State under this Act for the non-government body by an amount or amounts
totalling not more than the amount stated in the determination under
paragraph (a); and
(c) the Minister may delay the making of any further payment to the State
under this Act for the non-government body until the relevant authority complies
with the requirement.
Note: A determination mentioned in paragraph (b) is
made under section 33.
A section 20 agreement must contain a provision that, if the sum of
the amounts mentioned in subsection 24(1) exceeds the total amount that was
properly authorised to be paid to the State for the non-government
body:
(a) the relevant authority will, if the Minister so determines, pay to the
Commonwealth an amount equal to the excess; and
(b) if the authority does not do so, the Minister may make a determination
reducing any other amount or amounts of financial assistance for the State under
this Act for the non-government body by an amount or amounts not more than the
excess.
Note: A determination mentioned in paragraph (b) is
made under section 33.
The grant to a State because of a provision of this Act of financial
assistance for a non-government body for a program year is subject to the
following conditions:
(a) a condition that the State will:
(i) as soon as practicable, pay to the relevant authority of the
non-government body each amount paid to the State for the body because of the
provision; and
(ii) when making such a payment, describe the amount paid to the relevant
authority as a payment made out of money paid to the State by the Commonwealth
because of the provision;
(b) the condition in section 30.
(1) The grant to a State because of a provision of this Act of financial
assistance for a non-government body for a program year is subject to the
condition that, if the State does not fulfil the condition mentioned in
paragraph 29(a) in relation to the grant at the time stated in that paragraph or
within such further period as the Minister allows:
(a) the State will, if the Minister so determines, repay to the
Commonwealth the amount stated in the determination; and
(b) the Minister may delay making any future payment to the State under
this Act for government schools if the State fails to comply with the condition
mentioned in paragraph 29(a) because it delays paying an amount to the relevant
authority of the non-government body.
(2) The amount stated in the determination under paragraph (1)(a)
must not be more than the sum of the amounts of financial assistance paid to the
State under the provision for the non-government body for the program year
concerned.
(1) This section applies if:
(a) financial assistance:
(i) is granted to a State under a provision of this Act; or
(ii) was granted to a State under a provision of the former Act that
corresponds to a provision of this Act; and
(b) under a condition of the grant the Minister or the relevant Minister
(as appropriate) has determined that the State is to repay an amount to the
Commonwealth; and
(c) an amount (the amount repayable) that is all or a part
of the amount mentioned in paragraph (b) remains unpaid.
(2) The Minister may make a determination reducing an amount that is
authorised to be paid to the State under any provision of this Act in a program
year by an amount not more than the amount repayable.
(3) The Minister may make a determination under a provision of this Act
increasing the maximum amount that may be paid to the States for any purpose
under that provision in any program year by an amount or amounts totalling not
more than the amount of any reduction under subsection (2).
(4) It does not matter whether the reduction was made in relation to the
same provision as the provision mentioned in subsection (3), or a different
provision.
An amount payable by a State to the Commonwealth under this Act is a debt
due by the State to the Commonwealth.
(1) This section applies if:
(a) under a provision of an agreement made as mentioned in Division 3
(or a provision of the former Act that corresponds to that Division) between the
Commonwealth and the relevant authority of a non-government body, the Minister
or the relevant Minister (as appropriate) has determined that the authority is
to pay an amount to the Commonwealth; and
(b) an amount (the amount repayable) that is all or a part
of the amount mentioned in paragraph (a) remains unpaid.
(2) The Minister may make a determination reducing an amount that is
authorised to be paid to a State for the non-government body under any provision
of this Act in any program year by an amount not more than the amount
repayable.
(3) The Minister may make a determination under a provision of this Act
increasing the maximum amount that may be paid to the States for any purpose
under that provision in any program year by an amount or amounts totalling not
more than the amount of any reduction under subsection (2).
(4) It does not matter whether the reduction was made in relation to the
same provision as the provision mentioned in subsection (3), or a different
provision.
If the Minister is considering whether to make:
(a) a determination under subsection 16(2) or paragraph 18(1)(a), 19(a) or
30(1)(a) that a State is to repay an amount to the Commonwealth; or
(b) a determination under a provision of an agreement mentioned in
paragraph 27(a) or 28(a) that the relevant authority of a non-government body is
to pay an amount to the Commonwealth;
the Minister must take into account all relevant matters, including whether
the State or relevant authority gave all relevant information to the
Commonwealth before the grant of financial assistance was made.
Financial assistance under this Act is not to be provided to a State for
education at a particular level at a particular location at a non-government
school unless the school is included in the list of non-government schools for
the level and location.
(1) The Minister must keep a list of non-government schools for which
financial assistance may be provided under this Act.
(2) The list may be kept in any manner that the Minister determines, which
may be wholly or partly by means of a computer or any other electronic or other
device.
(3) The list is to contain the following details for each school included
in the list:
(a) the name of the school;
(b) whether or not the school is included in an approved school
system;
(c) if the school is included in an approved school system—the name
of the system and the name of each approved authority of the system for the
purposes of each relevant provision of this Act;
(d) if the school is not included in an approved school system—the
name of each approved authority of the school for the purposes of each relevant
provision of this Act;
(e) the address of each location at which the school provides education
for which financial assistance may be provided under this Act;
(f) a description of:
(i) each level of education that is provided at the school and for which
financial assistance may be provided under this Act; and
(ii) if more than one location is listed under paragraph (e) for the
school—each level of education that is provided at each of those locations
and for which financial assistance may be provided under this Act;
(g) whether or not the school is approved in accordance with the law of
the State in which the school is located to provide distance education for a
level of education at a location;
(h) whether or not the school is a special school;
(i) the funding level of the school;
(j) if the school is not a special school—the school’s SES
score.
(4) As soon as practicable after 1 July in each program year, the
Minister must arrange for a notice to be published in the Gazette setting
out:
(a) the name of each school in the list; and
(b) the funding level of each school.
If Subdivision F of Division 2 of Part 6 is used to work out the
funding for the school’s general recurrent expenditure for a particular
level of education, the notice must also indicate that the school’s
funding for that level of education is guaranteed under that
Subdivision.
(1) The Minister must keep a list of approved school systems.
(2) The list may be kept in any manner that the Minister determines, which
may be wholly or partly by means of a computer or any other electronic or other
device.
(3) The list is to contain:
(a) the name of each approved school system; and
(b) the name of the approved authority for each approved school
system.
(4) As soon as practicable after 1 July in each program year, the
Minister must arrange for the following to be published in the
Gazette:
(a) the name of each approved school system included in the
list;
(b) the name of each systemic school in each approved school system
included in the list.
(1) This section is a simplified outline of this Part.
(2) The list of non-government schools and the list of approved school
systems may be varied only for a reason specified in this Act. The reasons
include the following:
(a) to change SES scores:
(b) to change funding levels;
(c) to change approved authorities;
(d) to change systemic status;
(e) to change special school status;
(f) to include a new level of education;
(g) to include a new location;
(h) to include distance education;
(i) to include a new school;
(j) to correct clerical errors.
(3) A variation is to be made by determination by the
Minister.
(1) Any variation of the list of non-government schools is to be made by
determination by the Minister.
Note 1: Section 54 requires the Minister to give notice
of the determination to the approved authority.
Note 2: For the circumstances in which a variation of the
list of non-government schools may be made, see subsections (2), (3), (4) ,
(5), (6) and (7) and sections 42, 46, 47, 48, 50, 53 and
118.
(2) If a school, in a State, that is included in the list ceases to be
recognised by the State for a particular level of education, the Minister may
vary the list to remove the reference to that level of education for the
school.
(3) If a school, in a State, that is included in the list ceases to be
approved in accordance with the law of the State to provide distance education
for a particular level of education at a particular location, the Minister may
vary the list to remove the reference to distance education for that level of
education at that location.
(4) If a school, in a State, that is included in the list as a special
school ceases to be recognised by the State as a special school, the Minister
may vary the list to:
(a) remove the reference to the school as a special school; and
(b) include the school’s SES score; and
(c) change the school’s funding level.
(5) If a school, in a State, that, at a particular time, is:
(a) included in the list; and
(b) not included as a special school;
at a later time is recognised by the State as a special school, the
Minister may vary the list to:
(c) include a reference to the school as a special school; and
(d) remove the school’s SES score; and
(e) change the school’s funding level.
(6) If a school, in a State, that is included in the list:
(a) ceases to be recognised by the State Minister; or
(b) starts to be conducted for profit;
the Minister may vary the list to remove the name of the school from the
list.
(7) The Minister may vary the list:
(a) under another provision of this Act; or
(b) to correct clerical errors or to make alterations of a formal kind,
including to remove from the list:
(i) the name of a school that has ceased to exist; or
(ii) the address of a location at which a school has ceased to provide
education; or
(iii) a reference to a level of education at a school that has ceased to
provide education at that level.
(1) Any variation of the list of approved school systems is to be made by
determination by the Minister.
Note: Section 54 requires the Minister to give notice
of the determination to the approved authority.
(2) The Minister may vary the list to correct clerical errors or to make
alterations of a formal kind, including the removal from the list of the name of
a school system that has ceased to exist.
(1) The approved authority of a school that is included in the list of
non-government schools with an SES score may apply to the Minister to vary the
list to change the SES score if the approved authority considers that the SES
score:
(a) has not been determined correctly; or
(b) without limiting paragraph (a), does not reflect the
socioeconomic circumstances of the school’s community (in the way required
by the guidelines approved by the Minister under section 8); or
(c) is no longer accurate because of a significant change in the
school’s circumstances.
(2) The application must:
(a) be in writing; and
(b) set out the name and address of the school and of the approved
authority of the school; and
(c) if the school is a systemic school—set out the name of the
approved school system; and
(d) set out the reasons why the approved authority considers the SES score
should be changed.
(1) If the Minister is satisfied that the school’s SES score (the
old SES score):
(a) has not been determined correctly; or
(b) without limiting paragraph (a), does not reflect the
socioeconomic circumstances of the school’s community (in the way required
by the guidelines approved by the Minister under section 8); or
(c) is no longer accurate because of a significant change in the
school’s circumstances;
the Minister must:
(d) determine a different SES score (the new SES score);
and
(e) determine a different current SES funding level for the school if,
immediately before the Minister determined the new SES score, Subdivision C of
Division 2 of Part 6 applied to the school; and
(f) determine a current SES funding level for the school if, immediately
before the Minister determined the new SES score, Subdivision D or E of
Division 2 of Part 6 applied to the school; and
(g) determine a current SES funding level for the school if, immediately
before the Minister determined the new SES score, Subdivision F of
Division 2 of Part 6 applied to the school; and
(h) make appropriate variations to the list of non-government
schools.
(2) A determination under paragraph (1)(g) is taken to apply in
relation to:
(a) the program year in which the application under section 41 is
made if the current SES funding level determined under that paragraph is equal
to or greater than the percentage of AGSRC relating to the school’s old
SES score; or
(b) the program year immediately after the program year in which the
application under section 41 is made if the current SES funding level
determined under that paragraph is less than the percentage of AGSRC relating to
the school’s old SES score.
(3) The Minister must refuse the application if the Minister is not
satisfied of any of the matters in subsection (1).
Note: Section 54 requires the Minister to give notice
of the determination to the approved authority.
(4) A variation under this section must not take effect for a program year
before the program year in which the application is made.
(1) This Division applies in relation to:
(a) a proposal for a new body to be approved as the approved authority of
a non-systemic school; or
(b) a proposal for a new body to be approved as the approved authority of
an approved school system.
(2) However, this Division does not apply to a proposal that is
consequential on a proposal to which Division 5 or 6 applies.
(1) The approved authority (the existing authority) of a
non-systemic school or of an approved school system may apply in writing to the
Minister for approval of a proposal.
(2) The application must:
(a) set out details of the school or of the school system (as appropriate)
and of the new body; and
(b) state whether the new body agrees to fulfil obligations (if any) of
the existing authority under this Act or the former Act in relation to the
school or the school system that have not been fulfilled; and
(c) request the Minister to approve the new body as the approved authority
of the school or of the school system.
(1) The Minister may:
(a) approve the proposal; or
(b) refuse the application.
(2) The Minister must not approve the proposal unless:
(a) the new body is recognised by the State Minister under the law of the
State in which the non-systemic school or the schools in the approved school
system are situated (if that law requires the new body to be recognised);
and
(b) the school, or the schools in the system, are not conducted for
profit; and
(c) if the application relates to a non-systemic school—the new body
is a body corporate; and
(d) the agreement made by the new body with the Commonwealth as mentioned
in subsection 20(1) provides that the new body agrees to fulfil the obligations
(if any) of the existing authority under this Act or the former Act that have
not been fulfilled in respect of the school or of the schools in the
system.
If the Minister approves the proposal, the Minister must:
(a) determine that the new body is the approved authority of the
non-systemic school or of the approved school system (as appropriate);
and
(b) make the appropriate variations to the list of non-government
schools.
Note: Section 54 requires the Minister to give notice
of the determination to the approved authority.
(1) The approved authority of a non-systemic school may apply in writing
to the Minister for approval of a proposal for the school to become a member of
an approved school system.
(2) The application must:
(a) set out the name and address of the school and of the approved school
system; and
(b) be accompanied by evidence that the approved authority of the approved
school system agrees to the school becoming a member of the system;
and
(c) state the earliest program year to which the proposal relates;
and
(d) state whether the approved authority of the approved school system
agrees to fulfil the obligations (if any) of the approved authority of the
school under this Act or the former Act that have not been fulfilled;
and
(e) request the Minister to approve the proposal.
(3) The Minister may:
(a) approve the proposal; or
(b) refuse the application.
(4) The Minister must not approve the proposal unless:
(a) the agreement made by the approved authority of the approved school
system with the Commonwealth as mentioned in subsection 20(1) (or the agreement
as varied) applies to the school for the earliest program year to which the
proposal relates, and all later program years; and
(b) the agreement has been varied to provide that the approved authority
of the approved school system has agreed to fulfil the obligations (if any) of
the approved authority of the school under this Act or the former Act that have
not been fulfilled.
(5) If the Minister approves the proposal, the Minister must make the
appropriate variations to the list of non-government schools.
Note: Section 54 requires the Minister to give notice
of the determination to the approved authority.
(1) Either of the following may apply in writing to the Minister to
approve a proposal for a school that is a member of an approved school system to
cease to be a member of the approved school system:
(a) the body (the responsible body) that is to be
principally responsible for the school under the proposal;
(b) the approved authority of the approved school system.
(2) The application must:
(a) set out the name and address of the school and of the responsible
body; and
(b) state the earliest program year to which the proposal relates;
and
(c) state whether the responsible body agrees to fulfil the obligations
(if any) of the approved authority of the approved school system under this Act
or the former Act in relation to the school that have not been fulfilled;
and
(d) request the Minister to approve the proposal.
(3) The Minister may:
(a) approve the proposal; or
(b) refuse the application.
(4) The Minister must not approve the proposal unless:
(a) if the application is made by the responsible body:
(i) the application is accompanied by evidence that the approved authority
of the approved school system agrees to the school ceasing to be a member of the
approved school system; or
(ii) the Minister has given notice to the approved authority of the
approved school system in relation to the proposal; and
(b) the school is not conducted for profit; and
(c) the responsible body is a body corporate; and
(d) the responsible body has made an agreement with the Commonwealth as
mentioned in subsection 20(1) for the earliest program year to which the
proposal relates, and all later program years; and
(e) the agreement provides that the responsible body agrees to fulfil the
obligations (if any) of the approved authority of the approved school system
under this Act or the former Act in relation to the school that have not been
fulfilled.
(5) If the Minister approves the proposal, the Minister must:
(a) make the appropriate variations to the list of non-government schools;
and
(b) determine that the responsible body is the approved authority of the
school.
Note: Section 54 requires the Minister to give notice
of the determination to the approved authority.
Location proposal
(1) The approved authority of a school may apply to the Minister to have
the list of non-government schools varied to take account of a location
proposal.
(2) In this Act:
location proposal means a proposal to vary the list of
non-government schools to take account of a change as a result of which a
systemic school or a non-systemic school will provide:
(a) a new level of education at a location for which the school is already
included in the list for the provision of another level of education;
or
(b) education, or a level of education, at another location; or
(c) distance education for a level of education and at a location for
which the school is already included in the list.
New school proposal
(3) An application to the Minister to have the list of non-government
schools varied to take account of a new school proposal in respect of a school
may be made by:
(a) if the school is to be included in an approved school system—the
approved authority of the system; or
(b) otherwise—the body principally responsible for the
school.
(4) In this Act:
new school proposal means a proposal to include in the list
of non-government schools:
(a) a school formed as a result of the amalgamation of a systemic or
non-systemic school with another school, whether or not the other school is
included in the list; or
(b) a school formed as a result of the separation of a systemic school or
a non-systemic school into 2 or more schools; or
(c) a new school; or
(d) an existing school that is not already included in the list.
Application to vary list
(5) An application under this section must:
(a) be in writing; and
(b) set out details of the proposal; and
(c) subject to subsection (6), state the earliest program year to
which the variation is to apply; and
(d) if the applicant considers that there are exceptional circumstances
that justify the variation applying to the program year immediately preceding
the program year in which the application is made—set out those
circumstances; and
(e) request the Minister to vary the list to take account of the
proposal.
(6) The earliest program year to be stated in an application for the
purposes of paragraph (5)(c) is to be:
(a) the program year in which the application is made; or
(b) the program year immediately following the program year in which the
application is made; or
(c) if the applicant considers that there are exceptional circumstances
that justify the variation applying to the program year immediately preceding
the program year in which the application is made—that preceding program
year.
(1) The Minister may:
(a) make a determination varying the list of non-government schools to
take account of the proposal; or
(b) refuse the application.
The Minister’s power under paragraph (a) is subject to the
requirements in sections 51 and 52.
Note: Section 53 requires the Minister to also vary the
list to include a funding level of a school that is covered by a new school
proposal.
(2) If the variation is to take account of a new school proposal under
which the school concerned is not included in an approved school system, the
Minister must determine the body that is to be the approved authority of the
school.
Note: Section 54 requires the Minister to give notice
of the determination to the approved authority.
(1) The Minister must not make a determination varying the list of
non-government schools to take account of the proposal unless the applicable
requirements of this section have been satisfied.
(2) The requirements for a location proposal are:
(a) education has begun to be provided by the school at the location
concerned in accordance with the relevant paragraph of the definition of
location proposal; and
(b) the provision of education by the school at the location concerned in
accordance with the relevant paragraph of the definition of location
proposal has been recognised by the State Minister of the State in which
the school is situated; and
(c) if the proposal relates to distance education—the school is
approved, in accordance with the law of the State in which it is located, to
provide distance education; and
(d) the requirements under paragraphs (a), (b) and (c) are satisfied
before the schools census day for the school in the earliest program year to
which the variation is to apply.
(3) The requirements for a new school proposal are:
(a) education has begun to be provided at the school; and
(b) education at the school has been recognised by the State Minister of
the State in which the school is situated; and
(c) the school is not conducted for profit; and
(d) if the school is not included in an approved school system—the
applicant for the proposal is a body corporate; and
(e) the requirements under paragraphs (a), (b), (c) and (d) are
satisfied before the schools census day for the school in the earliest program
year to which the variation is to apply.
The Minister must not vary the list of non-government schools with effect
from a date in the program year preceding the program year in which the
application is made unless the Minister is satisfied that there are exceptional
circumstances that justify the variation taking effect in that preceding program
year.
(1) If the Minister varies the list of non-government schools under this
Part in relation to a school in any of the circumstances set out in
subsection (2), the Minister must:
(a) determine the school’s SES score if the school is not a special
school; and
(b) determine the school’s current SES funding level; and
(c) vary the list to include:
(i) that SES score if the school’s SES score is determined under
paragraph (a); and
(ii) that funding level.
(2) The circumstances are the inclusion in the list of:
(a) a school formed as a result of the amalgamation of a non-systemic
school or a systemic school with another school, whether or not the other school
is included in the list; or
(b) a school formed as a result of the separation of a non-systemic school
or a systemic school into 2 or more schools; or
(c) a new school; or
(d) an existing school that was not included in the list immediately
before the variation of the list.
If the Minister makes a determination under this Part, the Minister must
give written notice of the determination to the approved authority concerned (if
any).
Subject to subsection 42(4) and section 52, a determination under
this Part may take effect from a day before the day on which the determination
was made, but not before 1 January 2005.
(1) Overseas students are to be disregarded for the purposes of this
Part.
(2) In this Act:
overseas student means:
(a) a person who:
(i) has a visa; or
(ii) is included in a visa;
in force under the Migration Act 1958 that permits the person to
travel to Australia for the purpose of undertaking a course provided by a body;
or
(b) a person, or a person included in a class of persons, prescribed by
the regulations for the purposes of this paragraph;
but does not include a person, or a person included in a class of persons,
determined by the Minister not to be a person or class of persons to whom this
definition applies.
The Minister may make a determination authorising payment of financial
assistance to a State for recurrent expenditure of government schools in the
State for a program year of an amount that is not more than the amount worked
out using the formula:
where:
number of government school primary students means the number
of students (including the full-time equivalent of part-time students) receiving
primary education at government schools in the State on the schools census day
for the State for the program year.
number of government school secondary students means the
number of students (including the full-time equivalent of part-time students)
receiving secondary education at government schools in the State on the schools
census day for the State for the program year.
primary education amount means the amount for primary
education in column 3, 4, 5 or 6 of the table in Schedule 2 for the program
year.
secondary education amount means the amount for secondary
education in column 3, 4, 5 or 6 of the table in Schedule 2 for the program
year.
Note: The operation of sections 109, 110 and 111 may
affect the amounts in Schedule 2.
The Minister may make a determination authorising payment of financial
assistance to the States, for capital expenditure for a program year in
connection with government schools or government rural school hostels (or both)
in the States, of amounts totalling not more than the amount in the table in
Schedule 3 for the program year.
(1) This section is a simplified outline of this Part.
(2) This Part allows the Minister to make determinations authorising the
payment of financial assistance to the States for:
(a) recurrent expenditure of non-government schools; and
(b) capital expenditure of non-government schools; and
(c) short term emergency assistance for non-government schools;
and
(d) establishment assistance.
(3) It also sets limits for financial assistance for those
purposes.
(1) This section is a simplified outline of this Division.
(2) Funding for general recurrent expenditure of non-government schools is
worked out on a school by school basis (whether the school is in an approved
school system or not).
(3) Schools that will receive current SES funding are dealt with under
Subdivision C.
(4) Schools that will receive maintained year 2000 funding are dealt with
under Subdivision D.
(5) Schools that will receive maintained Catholic school funding are dealt
with under Subdivision E.
(6) Schools that will receive guaranteed year 2004 SES funding are dealt
with under Subdivision F.
(7) Special schools are dealt with under Subdivision G.
(8) The ceiling on funding is worked out using a series of per student
amounts for different kinds of students at the school.
This Division is applied to work out the funding for the general
recurrent expenditure of non-government schools.
(1) Subdivision C applies to a school:
(a) for a particular program year; and
(b) for a particular level of education provided at the school;
unless Subdivision D, E, F or G applies to the school for that program year
and for that level of education.
(2) Subdivision C applies to the school whether or not the school is in an
approved school system.
(1) Subdivision D applies to a school for a particular program year
if:
(a) the school had, on 31 December 2004, a year 2000 funding level
for the purposes of the former Act; and
(b) the school is not a special school for that program year;
and
(c) subsection (3) or (4) applies to the school; and
(d) the school’s SES score has not been determined under paragraph
42(1)(d), 53(1)(a) or 119(2)(a) for that program year or an earlier program
year.
(2) Subdivision D applies to the school whether or not the school is in an
approved school system.
School provides either primary or secondary education
(3) This subsection applies to a school if:
(a) the school provides either primary or secondary education;
and
(b) the school’s year 2000 funding level exceeds the school’s
current SES funding level.
School provides both primary and secondary education
(4) This subsection applies to a school if:
(a) the school provides both primary and secondary education;
and
(b) the sum of:
(i) the school’s year 2000 funding level for primary education;
and
(ii) the school’s year 2000 funding level for secondary
education;
exceeds the sum of:
(iii) the school’s current SES funding level for primary education;
and
(iv) the school’s current SES funding level for secondary
education.
Subdivision E applies to a school for a particular program year
if:
(a) the school was, on 31 December 2004, in an approved Catholic
school system for the purposes of the former Act; and
(b) the school is not a special school for that program year;
and
(c) the school’s year 2004 funding level exceeds the school’s
current SES funding level; and
(d) the school’s SES score has not been determined under paragraph
42(1)(d), 53(1)(a) or 119(2)(a) for that program year or an earlier program
year.
(1) Subdivision F applies to a school:
(a) for a particular program year; and
(b) for a particular level of education provided at the school;
if:
(c) the school had, on 31 December 2004, an SES funding level for the
purposes of the former Act; and
(d) the school is not a special school for that program year;
and
(e) the school’s current SES funding level amount for that level of
education has not, in that program year or an earlier program year, equalled or
exceeded the school’s year 2004 SES funding level amount for that level of
education; and
(f) the school’s SES score has not been determined under paragraph
42(1)(d), 53(1)(a) or 119(2)(a) for that program year or an earlier program
year.
(2) Subdivision F applies to the school whether or not the school is in an
approved school system.
(3) Use the following table to work out whether a school’s current
SES funding level amount for a particular level of education has, in a
particular program year, equalled or exceeded the school’s year 2004 SES
funding level amount for that level of education:
|
Item |
If, in that program year, the school provides the following level of
education... |
and... |
is equal to or exceeds... |
then... |
|---|---|---|---|---|
|
1 |
primary education (whether or not the school also provides secondary
education) |
the amount in the table in Part 1 of Schedule 4 for that program
year and the school’s current SES funding level |
the school’s year 2004 primary amount |
the school’s current SES funding level amount for that level of
education has equalled or exceeded the school’s year 2004 SES funding
level amount for that level of education. |
|
2 |
secondary education (whether or not the school also provides primary
education) |
the amount in the table in Part 2 of Schedule 4 for that program
year and the school’s current SES funding level |
the school’s year 2004 secondary amount |
the school’s current SES funding level amount for that level of
education has equalled or exceeded the school’s year 2004 SES funding
level amount for that level of education. |
(1) Subdivision G applies to a school for a particular program year if the
school is a special school for that program year.
(2) Subdivision G applies to the school whether or not the school is in an
approved school system.
(1) This section applies to a school in a State for a particular program
year and for a particular level of education provided at the school
if:
(a) this Subdivision applies to the school for that program year and for
that level of education in accordance with section 62; and
(b) the school is a non-systemic school.
(2) If this section applies to the school for the program year and for
primary education, the Minister may make a determination under this subsection
authorising payment of financial assistance to the State for recurrent
expenditure of the school for the program year of an amount not more than the
amount worked out for the school by adding up:
(a) the amount worked out under section 69 for the school’s
primary students (if any) for the program year; and
(b) the amount worked out under section 86 for the school’s
primary distance education students (if any) for that program year.
(3) If this section applies to the school for the program year and for
secondary education, the Minister may make a determination under this subsection
authorising payment of financial assistance to the State for recurrent
expenditure of the school for the program year of an amount not more than the
amount worked out for the school by adding up:
(a) the amount worked out under section 70 for the school’s
secondary students (if any) for the program year; and
(b) the amount worked out under section 87 for the school’s
secondary distance education students (if any) for the program year.
(1) This section applies to a school in a State for a particular program
year and for a particular level of education provided at the school
if:
(a) this Subdivision applies to the school for that program year and for
that level of education in accordance with section 62; and
(b) the school is in an approved school system; and
(c) the school is in the list of non-government schools as being included
in that system.
(2) If this section applies to the school for the program year and for
primary education, the Minister may make a determination under this subsection
authorising payment of financial assistance to the State for recurrent
expenditure of the approved school system for the program year of an amount for
the school not more than the amount worked out for the school by adding
up:
(a) the amount worked out under section 69 for the school’s
primary students (if any) for the program year; and
(b) the amount worked out under section 86 for the school’s
primary distance education students (if any) for that program year.
(3) If this section applies to the school for the program year and for
secondary education, the Minister may make a determination under this subsection
authorising payment of financial assistance to the State for recurrent
expenditure of the approved school system for the program year of an amount for
the school not more than the amount worked out for the school by adding
up:
(a) the amount worked out under section 70 for the school’s
secondary students (if any) for that program year; and
(b) the amount worked out under section 87 for the school’s
secondary distance education students (if any) for that program year.
For the purposes of paragraphs 67(2)(a) and 68(2)(a), work out the amount
for the school’s primary students for the program year using the
formula:
where:
current SES funding level primary amount, for the school for
the program year, means the amount in the table in Part 1 of
Schedule 4 for the program year and the school’s current SES funding
level.
For the purposes of paragraphs 67(3)(a) and 68(3)(a), work out the amount
for the school’s secondary students for the program year using the
formula:
where:
current SES funding level secondary amount, for the school
for the program year, means the amount in the table in Part 2 of
Schedule 4 for the program year and the school’s current SES funding
level.
(1) This section applies to a school in a State for a particular program
year if:
(a) this Subdivision applies to the school for that program year in
accordance with section 63; and
(b) the school is a non-systemic school.
(2) The Minister may make a determination authorising payment of financial
assistance to the State for recurrent expenditure of the school for the program
year of an amount not more than the amount worked out for the school by adding
up:
(a) the amount worked out under section 73 for the school’s
primary students (if any) for the program year; and
(b) the amount worked out under section 74 for the school’s
secondary students (if any) for that program year; and
(c) the amount worked out under section 86 for the school’s
primary distance education students (if any) for that program year;
and
(d) the amount worked out under section 87 for the school’s
secondary distance education students (if any) for that program year.
(1) This section applies to a school in a State for a particular program
year if:
(a) this Subdivision applies to the school for that program year in
accordance with section 63; and
(b) the school is in an approved school system; and
(c) the school is in the list of non-government schools as being included
in that system.
(2) The Minister may make a determination authorising payment of financial
assistance to the State for recurrent expenditure of the approved school system
for the program year of an amount for the school not more than the amount worked
out for the school by adding up:
(a) the amount worked out under section 73 for the school’s
primary students (if any) for the program year; and
(b) the amount worked out under section 74 for the school’s
secondary students (if any) for that program year; and
(c) the amount worked out under section 86 for the school’s
primary distance education students (if any) for that program year;
and
(d) the amount worked out under section 87 for the school’s
secondary distance education students (if any) for that program year.
For the purposes of paragraphs 71(2)(a) and 72(2)(a), work out the amount
for the school’s primary students for the program year using the
formula:
where:
year 2000 funding level primary amount, for the school for
the program year, means the amount in the table in Part 3 of
Schedule 4 for the program year and the school’s year 2000 funding
level.
For the purposes of paragraphs 71(2)(b) and 72(2)(b), work out the amount
for the school’s secondary students for the program year using the
formula:
where:
year 2000 funding level secondary amount, for the school for
the program year, means the amount in the table in Part 4 of
Schedule 4 for the program year and the school’s year 2000 funding
level.
(1) This section applies to a school in a State for a particular program
year if:
(a) this Subdivision applies to the school for that program year in
accordance with section 64; and
(b) the school is in the approved Catholic school system; and
(c) the school is in the list of non-government schools.
(2) The Minister may make a determination authorising payment of financial
assistance to the State for recurrent expenditure of the system for the program
year of an amount for the school not more than the amount worked out for the
school by adding up:
(a) the amount worked out under section 76 for the school’s
primary students (if any) for the program year; and
(b) the amount worked out under section 77 for the school’s
secondary students (if any) for that program year; and
(c) the amount worked out under section 86 for the school’s
primary distance education students (if any) for that program year;
and
(d) the amount worked out under section 87 for the school’s
secondary distance education students (if any) for that program year.
For the purposes of paragraph 75(2)(a), work out the amount for the
school’s primary students for the program year using the
formula:
where:
year 2004 funding level primary amount, for the school for
the program year, means the amount in the table in Part 1 of
Schedule 4 for the program year and the school’s year 2004 funding
level.
For the purposes of paragraphs 75(2)(b), work out the amount for the
school’s secondary students for the program year using the
formula:
where:
year 2004 funding level secondary amount, for the school for
the program year, means the amount in the table in Part 2 of
Schedule 4 for the program year and the school’s year 2004 funding
level.
(1) This section applies to a school in a State for a particular program
year and for a particular level of education provided at the school
if:
(a) this Subdivision applies to the school for that program year and for
that level of education in accordance with section 65; and
(b) the school is a non-systemic school.
(2) If this section applies to the school for the program year and for
primary education, the Minister may make a determination under this subsection
authorising payment of financial assistance to the State for recurrent
expenditure of the school for the program year of an amount not more than the
amount worked out for the school by adding up:
(a) the amount worked out under section 80 for the school’s
primary students (if any) for the program year; and
(b) the amount worked out under section 86 for the school’s
primary distance education students (if any) for that program year.
(3) If this section applies to the school for the program year and for
secondary education, the Minister may make a determination under this subsection
authorising payment of financial assistance to the State for recurrent
expenditure of the school for the program year of an amount not more than the
amount worked out for the school by adding up:
(a) the amount worked out under section 81 for the school’s
secondary students (if any) for that program year; and
(b) the amount worked out under section 87 for the school’s
secondary distance education students (if any) for that program year.
(1) This section applies to a school in a State for a particular program
year and for a particular level of education provided at the school
if:
(a) this Subdivision applies to the school for that program year and for
that level of education in accordance with section 65; and
(b) the school is in an approved school system; and
(c) the school is in the list of non-government schools as being included
in that system.
(2) If this section applies to the school for the program year and for
primary education, the Minister may make a determination under this subsection
authorising payment of financial assistance to the State for recurrent
expenditure of the approved school system for the program year of an amount for
the school not more than the amount worked out for the school by adding
up:
(a) the amount worked out under section 80 for the school’s
primary students (if any) for the program year; and
(b) the amount worked out under section 86 for the school’s
primary distance education students (if any) for that program year.
(3) If this section applies to the school for the program year and for
secondary education, the Minister may make a determination under this subsection
authorising payment of financial assistance to the State for recurrent
expenditure of the approved school system for the program year of an amount for
the school not more than the amount worked out for the school by adding
up:
(a) the amount worked out under section 81 for the school’s
secondary students (if any) for that program year; and
(b) the amount worked out under section 87 for the school’s
secondary distance education students (if any) for that program year.
For the purposes of paragraphs 78(2)(a) and 79(2)(a), work out the amount
for the school’s primary students for the program year using the
formula:
For the purposes of paragraphs 78(3)(a) and 79(3)(a), work out the amount
for the school’s secondary students for the program year using the
formula:
(1) This section applies to a school in a State for a particular program
year if:
(a) this Subdivision applies to the school for that program year in
accordance with section 66; and
(b) the school is a non-systemic school.
(2) The Minister may make a determination authorising payment of financial
assistance to the State for recurrent expenditure of the school for the program
year of an amount not more than the amount worked out for the school by adding
up:
(a) the amount worked out under section 84 for the school’s
primary students (if any) for the program year; and
(b) the amount worked out under section 85 for the school’s
secondary students (if any) for that program year; and
(c) the amount worked out under section 86 for the school’s
primary distance education students (if any) for that program year;
and
(d) the amount worked out under section 87 for the school’s
secondary distance education students (if any) for that program year.
(1) This section applies to a school in a State for a particular program
year if:
(a) this Subdivision applies to the school for that program year in
accordance with section 66; and
(b) the school is in an approved school system; and
(c) the school is in the list of non-government schools as being included
in that system.
(2) The Minister may make a determination authorising payment of financial
assistance to the State for recurrent expenditure of the approved school system
for the program year of an amount for the school not more than the amount worked
out for the school by adding up:
(a) the amount worked out under section 84 for the school’s
primary students (if any) for the program year; and
(b) the amount worked out under section 85 for the school’s
secondary students (if any) for that program year; and
(c) the amount worked out under section 86 for the school’s
primary distance education students (if any) for that program year;
and
(d) the amount worked out under section 87 for the school’s
secondary distance education students (if any) for that program year.
For the purposes of paragraphs 82(2)(a) and 83(2)(a), work out the amount
for the school’s primary students for the program year using the
formula:
where:
special primary amount, for the school for the program year,
means the amount in the table in Part 1 of Schedule 4 for the program
year and the funding level of 70.0% of AGSRC.
For the purposes of paragraphs 82(2)(b) and 83(2)(b), work out the amount
for the school’s secondary students for the program year using the
formula:
where:
special secondary amount, for the school for the program
year, means the amount in the table in Part 2 of Schedule 4 for the
program year and the funding level of 70.0% of AGSRC.
For the purposes of paragraphs 67(2)(b), 68(2)(b), 71(2)(c), 72(2)(c),
75(2)(c), 78(2)(b), 79(2)(b), 82(2)(c) and 83(2)(c), work out the amount for the
school’s primary distance education students for the program year using
the formula:
where:
primary distance education amount, for the school for the
program year, means the amount in the table in Part 1 of Schedule 4
for the program year and the funding level of 13.7% of AGSRC.
For the purposes of paragraphs 67(3)(b), 68(3)(b), 71(2)(d), 72(2)(d),
75(2)(d), 78(3)(b), 79(3)(b), 82(2)(d) and 83(2)(d), work out the amount for the
school’s secondary distance education students for the program year using
the formula:
where:
secondary distance education amount, for the school for the
program year, means the amount in the table in Part 2 of Schedule 4
for the program year and the funding level of 13.7% of AGSRC.
(1) The Minister may make a determination authorising payment of financial
assistance to the States for:
(a) capital expenditure for a program year in connection with:
(i) non-government schools or non-government rural student hostels in the
States; or
(ii) groups of non-government schools or non-government rural student
hostels (or both) in the States; or
(b) capital expenditure for a program year in connection with block grant
authorities and non-government schools or non-government rural student hostels
in the States.
(2) The sum of the amounts determined under subsection (1) for a
program year must not be more than the amount in the table in Schedule 5
for the program year.
(1) The Minister may make a determination authorising payment of financial
assistance to a State to provide short term emergency assistance for a
non-government school in the State for one or more program years if the Minister
is satisfied that, because of any unexpected circumstance, the school:
(a) is in severe financial difficulty; and
(b) has a special need of that assistance in the program year or
years.
(2) The sum of the amounts paid to the States under subsection (1)
for a program year must not be more than the amount in the table in
Schedule 6 for the program year.
Non-systemic school
(1) The Minister may make a determination authorising payment of financial
assistance to a State to provide establishment assistance for a non-systemic
school in the State for one or 2 program years if the circumstance in
subsection (3) applies to the school.
Note: The amount must not exceed the maximum amount worked
out under subsection (4).
School system
(2) The Minister may make a determination authorising payment of financial
assistance to a State to provide establishment assistance for an approved school
system in the State for one or 2 program years in relation to a school included
in the system if the circumstance in subsection (3) applies to the
school.
Note: The amount must not exceed the maximum amount worked
out under subsection (4).
Subsection (3) circumstance
(3) The circumstance in this subsection is that the Minister varies the
list of non-government schools in relation to the school because the school is
covered by paragraph (c) of the definition of new school
proposal.
Maximum amount
(4) The amount under subsection (1) or (2) for a program year in
relation to a school must not exceed the amount worked out using the
formula:
where:
establishment amount for the program year is:
(a) if the program year is the year in which the Minister varies the list
of non-government schools in relation to the school—$500; and
(b) if the program year is the year after the year referred to in
paragraph (a)—$250.
The object of this Part is to help schools and school communities to
improve the educational outcomes and opportunities of students who are
educationally disadvantaged because of their geographical isolation.
The Minister may make a determination authorising payment of financial
assistance to a State for expenditure approved by the Minister for a program
year connected with the education of students at government schools in country
areas of the State.
Note: Section 94 sets a ceiling on grants to the States
under this Part for a program year.
The Minister may make a determination authorising payment of financial
assistance to a State for expenditure approved by the Minister for a program
year connected with the education of students at non-government schools in
country areas of the State.
Note: Section 94 sets a ceiling on grants to the States
under this Part for a program year.
(1) The sum of the amounts paid to the States under this Part for a
program year must not be more than the amount in column 2 of the table in
Part 1 of Schedule 7 for the program year.
(2) This section has effect despite sections 92 and 93.
The object of this Part is to help schools and school communities to
improve the learning outcomes of students who are learning languages other than
English.
(1) The Minister may make a determination authorising payment of financial
assistance to a State for expenditure for a program year connected with
government schools, government educational institutions or any other body
(except the relevant authority of a school mentioned in section 97) in the
State to improve the learning outcomes of students learning languages other than
English.
Note: Section 99 sets a ceiling on grants to the States
under this Part for a program year.
(2) In this Act:
government educational institution means an educational
institution in a State:
(a) that is not a government school; and
(b) that is conducted by or on behalf of the Government of the
State.
The Minister may make a determination authorising payment of financial
assistance to a State for expenditure for a program year connected with
non-government schools in the State to improve the learning outcomes of students
who are learning languages other than English.
Note: Section 99 sets a ceiling on grants to the States
under this Part for a program year.
(1) The Minister may approve a project for the purposes of this section if
the sole or principal object of the project is to foster the learning of
languages other than English.
(2) The Minister may make a determination authorising payment to a State
for a program year of an amount of financial assistance for:
(a) expenditure on a project approved under subsection (1);
and
(b) expenditure to publicise a project approved under subsection (1)
by disseminating information about the project or carrying out other related
activities in connection with the project.
Note: Section 99 sets a ceiling on grants to the States
under this Part for a program year.
(3) It does not matter whether:
(a) the project is conducted by the State or not; or
(b) the project is conducted within, or outside, or within and outside,
the State.
(1) The sum of the amounts authorised to be paid to the States under this
Part for a program year must not be more than the amount in column 3 of the
table in Part 1 of Schedule 7 for the program year.
(2) This section has effect despite sections 96, 97 and
98.
The object of this Part is to help with the provision of intensive
teaching of the English language to certain students who have recently arrived
in Australia.
(1) The Minister may make a determination authorising payment of financial
assistance to a State for recurrent expenditure for a program year connected
with providing education in English as a second language for eligible new
arrivals enrolled in ESL courses:
(a) beginning or continuing in the program year; and
(b) provided at or in connection with government schools in the
State.
(2) However, the total amount authorised to be paid to a State under
subsection (1) for a program year must not be more than the amount worked
out using the formula:
where:
number of eligible new arrivals in government schools means
the number of eligible new arrivals enrolled in ESL courses, in the State,
described in subsection (1).
(1) The Minister may make a determination authorising payment of financial
assistance to a State for recurrent expenditure for a program year connected
with providing education in English as a second language for eligible new
arrivals enrolled in ESL courses:
(a) beginning or continuing in the program year; and
(b) provided at or in connection with non-government schools in the
State.
(2) However, the total amount paid to a State under subsection (1)
for a program year must not be more than the amount worked out using the
formula:
where:
number of eligible new arrivals in non-government schools
means the number of eligible new arrivals enrolled in ESL courses, in the State,
described in subsection (1).
(1) The object of this Part is:
(a) to help improve the literacy, numeracy and other learning outcomes of
students who are educationally disadvantaged (including because they are
students with disabilities, Indigenous, of a low socioeconomic background, of a
language background other than English or geographically isolated) through
grants for schools and grants for national projects; and
(b) to help improve the educational participation and learning outcomes of
children, and students, with disabilities through grants for non-government
centres.
(2) In this Act:
Indigenous means:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of the Indigenous inhabitants of the Torres Strait
Islands.
(1) The Minister may make a determination authorising payment of financial
assistance to a State for expenditure for a program year connected
with:
(a) government schools (including schools providing special education);
or
(b) government centres;
in the State to improve the learning outcomes of students who are
educationally disadvantaged.
(2) The total amount authorised to be paid to the States under this
section for a program year must not be more than the amount worked out using the
formula:
where:
number of students with disabilities, for a program year,
means the number of students with disabilities (including the full-time
equivalent of part-time students with disabilities) receiving primary education
or secondary education at government schools in the State on the schools census
day for the State for the program year immediately before that program
year.
strategic assistance amount means the amount in column 2 of
the table in Part 2 of Schedule 8 for the program year.
(1) The Minister may make a determination authorising payment of financial
assistance to a State for expenditure for a program year connected with
non-government schools (including schools providing special education) in the
State to improve the learning outcomes of students who are educationally
disadvantaged.
(2) The total amount authorised to be paid to the States under this
section for a program year must not be more than the amount worked out using the
formula:
where:
number of students with disabilities, for a program year,
means the number of students with disabilities (including the full-time
equivalent of part-time students with disabilities) receiving primary education,
secondary education or distance education at non-government schools in the State
on the schools census day for the State for the program year immediately before
that program year.
strategic assistance amount means the amount in column 3 of
the table in Part 2 of Schedule 8 for the program year.
(1) The Minister may make a determination authorising payment of financial
assistance to a State for expenditure for a program year connected
with:
(a) government schools (including schools providing special education);
or
(b) government centres; or
(c) non-government schools (including schools providing special
education);
in the State to improve the learning outcomes of students who are
educationally disadvantaged.
(2) The total amount authorised to be paid to the States under this
section for a program year must not be more than the amount worked out by adding
up:
(a) the amount in column 2 of the table in Part 1 of Schedule 8
for the program year; and
(b) the amount in column 3 of the table in Part 1 of Schedule 8
for the program year.
(1) The Minister may make a determination authorising payment of financial
assistance to a State for a program year for expenditure connected with special
education provided at or in connection with non-government centres in the
State.
(2) The total amount authorised to be paid to the States under this
section for a program year must not be more than the amount worked out by adding
up:
(a) the amount in column 4 of the table in Part 1 of Schedule 8
for the program year; and
(b) the amount in column 5 of the table in Part 1 of Schedule 8
for the program year.
(3) In this Act:
non-government centre means a place in a State at which
special education is provided by a non-government body (except a non-government
body that is conducted for profit) and that is not a school.
(1) The Minister may approve a project for the purposes of this section
if:
(a) the sole or principal object of the project is to improve the learning
outcomes of students who are educationally disadvantaged; and
(b) the project is to be carried out in Australia.
(2) A project approved under subsection (1) may be a project relating
to expenditure mentioned in section 104, 105, 106 or 107.
(3) Subsection (2) does not limit subsection (1).
(4) It does not matter whether:
(a) the project is conducted by a State or by a non-government body
established in a State; or
(b) the project is conducted within, or outside, or within and outside, a
State.
(5) The Minister may make a determination authorising payment of financial
assistance to a State for a program year for:
(a) expenditure on a project approved under subsection (1);
and
(b) expenditure to publicise a project approved under subsection (1)
by disseminating information about the project or carrying out other related
activities in connection with the project.
(6) The sum of the amounts authorised to be paid to the States under this
section for a program year must not be more than the amount in column 6 of the
table in Part 1 of Schedule 8 for the program year.
(1) The regulations may provide that an amount specified in the
regulations for a program year replaces an amount in Schedule 1 for the
program year.
(2) The regulations have effect according to their terms.
(3) Before the Governor-General makes regulations for the purposes of
subsection (1), the Minister must consider changes in the relevant figures
known as Average Government School Costs published by:
(a) the Ministerial Council on Education, Employment, Training and Youth
Affairs; or
(b) a prescribed body that has a corresponding function.
(1) This section applies if an amount in Schedule 1 for primary
education is replaced for a program year by an amount (the primary AGSRC
amount) under regulations made for the purposes of subsection
109(1).
(2) The amount in Schedule 2 for primary education for the program
year is replaced by the amount worked out using the formula:
where:
% of AGSRC means the percentage of AGSRC in column 2 of
Schedule 2 for primary education.
(3) Each amount opposite a percentage of AGSRC in Parts 1 and 3 of
Schedule 4 for the program year is replaced by the amount worked out using
the formula:
(4) If an amount worked out under subsection (2) or (3)
is an amount of dollars and cents, the amount is to be rounded to the next
higher dollar.
(1) This section applies if an amount in Schedule 1 for secondary
education is replaced for a program year by an amount (the secondary AGSRC
amount) under regulations made for the purposes of subsection
109(1).
(2) The amount in Schedule 2 for secondary education for the program
year is replaced by the amount worked out using the formula:
where:
% of AGSRC means the percentage of AGSRC in column 2 of
Schedule 2 for secondary education.
(3) Each amount opposite a percentage of AGSRC in Parts 2 and 4 of
Schedule 4 for the program year is replaced by the amount worked out using
the formula:
(4) If an amount worked out under subsection (2) or (3) is an amount
of dollars and cents, the amount is to be rounded to the next higher
dollar.
(1) Each of the following amounts (the recurrent
amount):
(a) an amount in the table in Schedule 6 for a program
year;
(b) an amount in the table in Part 1 of Schedule 7 for a program
year;
(c) an amount in the table in Part 2 of Schedule 7 for a program
year;
(d) an amount in column 2, 4 or 6 of the table in Part 1 of
Schedule 8 for a program year;
(e) an amount in the table in Part 2 of Schedule 8 for a program
year;
is replaced for the program year by the amount worked out using the
formula:
where:
recurrent number for the program year means:
(a) 1; or
(b) if the regulations set out another number for the program
year—that other number.
(2) If an amount worked out under paragraph (1)(a), (b) or (d) is not
a multiple of $1,000, the amount is to be rounded to the nearest $1,000
(rounding $500 upwards).
(3) If an amount worked out under paragraph (1)(c) or (e) is an
amount of dollars and cents, the amount is to be rounded to the next higher
dollar.
(4) Before the Governor-General makes regulations for the purposes of
subsection (1), the Minister must consider changes in the relevant figures
known as Average Government School Costs published by:
(a) the Ministerial Council on Education, Employment, Training and Youth
Affairs; or
(b) a prescribed body that has a corresponding function.
(1) The regulations may specify an amount for column 3 or 5 of the table
in Part 1 of Schedule 8 for a particular program year.
(2) If regulations are made under subsection (1), this Act has effect
as if the amount specified in column 3 or 5 of the table in Part 1 of
Schedule 8 for that program year were the amount specified in the
regulations for that column for that program year.
(3) The amount the regulations may specify under subsection (1) may
be nil.
(1) Each amount (the capital amount) in Schedule 3 or 5
for a program year is replaced by the amount worked out using the
formula:
where:
capital number for the program year means:
(a) 1; or
(b) if the regulations set out another number for the program
year—that number.
(2) If an amount worked out under subsection (1) is not a multiple of
$1,000, the amount is to be rounded to the nearest $1,000 (rounding $500
upwards).
(3) Before the Governor-General makes regulations for the purposes of
subsection (1), the Minister must consider changes in an index of building
prices, and an index of wage costs, published by the Australian
Statistician.
(1) Financial assistance authorised to be paid to a State or States under
this Act is to be paid in such amounts, and at such times, as the Minister
determines.
(2) A determination under subsection (1) may apply generally to all
financial assistance payable under this Act or may be limited to particular
financial assistance, including the following:
(a) financial assistance payable to a particular State or
States;
(b) financial assistance payable under a particular provision or
provisions of this Act;
(c) financial assistance payable for a particular program year or program
years;
(d) a combination of any of the above.
(1) The Minister may make an advance to a State on account of an amount
that is expected to become payable under this Act to the State.
(2) The conditions that would apply to the payment apply to the
advance.
Whenever this Act provides that the Minister may make a determination
authorising the making of payments to a State, the determination may
either:
(a) set out the amounts authorised to be paid; or
(b) authorise the Minister (or another person named in the determination)
to decide those amounts.
(1) This section applies if:
(a) a person made a statement for the purposes of:
(i) an Education Assistance Act; or
(ii) an agreement made as mentioned in such an Act;
relating to the grant of financial assistance for schools, hostels or
other bodies involved in primary education or secondary education; and
(b) the statement was made to:
(i) the Minister administering that Act; or
(ii) the Secretary of the Department administering that Act; or
(iii) a public service employee in the Department administering that Act;
or
(iv) a block grant authority for the purposes of that Act; or
(v) a person employed by or acting on behalf of such an authority;
and
(c) the statement was false or misleading in a material particular;
and
(d) relying on the statement, a payment has been made under this Act to a
State, for the State or for a non-government body (including a block grant
authority and a nominated authority), of an amount that, in the Minister’s
opinion, exceeds the amount that would have been authorised to be paid if the
statement had not been false or misleading in a material particular.
(2) The Minister may make a determination reducing any amount payable to
the State under this Act for the State or the non-government body (as
appropriate), in one or more program years, by the amount of the
excess.
(3) A determination under this section may take effect from a day before
the day on which the determination was made.
(1) This section applies if:
(a) the approved authority of a non-systemic school, or of an approved
school system, made a statement for the purposes of:
(i) an Education Assistance Act; or
(ii) the making of an agreement as mentioned in such an Act;
relating to the grant of financial assistance for schools or other bodies
involved in primary education or secondary education; and
(b) the statement was made to:
(i) the Minister administering that Act; or
(ii) the Secretary of the Department administering that Act; or
(iii) a public service employee in the Department administering that Act;
and
(c) the statement was false or misleading in a material particular;
and
(d) as a result of the statement:
(i) the school; or
(ii) a school in the approved school system;
obtains a higher funding level for the purposes of meeting recurrent
expenditure than, in the Minister’s opinion, the school may have obtained
if the statement had not been made.
(2) The Minister may make a determination varying the list of
non-government schools by setting out:
(a) a different SES score for the school; and
(b) a different current SES funding level for the school relating to that
SES score.
(3) A determination under this section may take effect from a day before
the day on which the determination was made.
The Consolidated Revenue Fund is appropriated as necessary for the
purposes of this Act.
The Treasurer may, from time to time, in accordance with the provisions
of the Commonwealth Inscribed Stock Act 1911, or in accordance with the
provisions of an Act authorising the issue of Treasury Bills, borrow amounts
totalling not more than the sum of the amounts that may become payable to the
States under sections 58 and 88 of this Act.
(1) A determination or approval by the Minister under this Act must be in
writing.
(2) A determination or approval takes effect on:
(a) the day stated for the purpose in the determination or approval;
or
(b) if no day is stated—the day on which the determination is made
or approval is given.
(3) The provision of this Act under which, or for the purposes of which, a
determination is made or an approval is given may permit the day of effect of
the determination or approval to be a day before the day on which the
determination is made, or the approval is given.
(4) If:
(a) a provision of this Act refers to a determination made, approval given
or other act or thing done by the Minister; and
(b) no other provision of this Act expressly authorises the Minister to
make such a determination, give such an approval or do such an act or
thing;
this subsection authorises the Minister to make such a determination, give
such an approval or do such an act or thing.
(5) In this Act, unless the contrary intention appears, a reference to a
determination or approval by the Minister is a reference to such a determination
or approval that is in force.
(1) The power of the Minister under this Act to make a determination or
give an approval includes the power, by writing, to revoke or vary a previous
determination made, or previous approval given, in the exercise of the
power.
(2) An instrument that is expressed to revoke a determination as
previously varied, or to revoke an approval as previously varied, has effect as
the revocation of the determination or approval and of every later instrument so
far as that later instrument varied the determination or approval or varied the
determination or approval as previously varied.
(3) An instrument that is expressed to vary a determination as previously
varied or to vary an approval as previously varied has effect according to its
terms even though it does not specifically refer to the previous instruments of
variation.
(4) The one instrument may contain one or more revocations or one or more
variations, or both.
(5) An instrument of revocation or variation takes effect on:
(a) the day stated for the purpose in the instrument; or
(b) if no day is stated—the day on which the instrument is
made.
(6) The day of effect of an instrument revoking or varying a determination
or approval may be a day before the day of the making of the instrument only if
the provision under or for the purposes of which the determination or approval
was made or given permits the determination or approval to take effect on a day
before it was made or given.
(7) Subsection (6) has effect despite subsection (5).
The Minister may, by written instrument, delegate all or any of the
Minister’s powers and functions under this Act or under an agreement
mentioned in this Act to:
(a) the Secretary of the Department; or
(b) an SES employee in the Department.
Note: SES employee is defined in the Acts
Interpretation Act 1901.
(1) This section applies to each of the years 2005, 2006, 2007, 2008,
2009, 2010 and 2011.
(2) As soon as practicable after 30 June next following the year, the
Minister must cause a report dealing with the following to be laid before each
House of the Parliament:
(a) financial assistance (if any) granted in the year under this Act for
recurrent expenditure;
(b) the application of the financial assistance granted in the year under
this Act (including financial assistance by way of capital
grants).
Financial assistance under this Act is not to be provided to a State for
overseas students.
(1) The Governor-General may make regulations prescribing all
matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving
effect to this Act.
(2) Despite the Legislative Instruments Act 2003, regulations made
for the purposes of section 12, 13, 17, 21, 22 or 26 of this Act take
effect not earlier than on the first day on which they are no longer liable to
be disallowed, or to have been taken to have been disallowed, under that
Act.
(1) This Part has effect despite any other provision of this
Act.
(2) If, under this Part, a determination, approval, declaration, list or
other instrument made, given or kept under the former Act is taken to be made,
given or kept under this Act, subsection (1) does not prevent the
application of this Act other than this Part in relation to that determination,
approval, declaration, list or other instrument as it has effect because of this
Part.
A determination in force immediately before 1 January 2005 for the
purposes of any of the following provisions of the former Act:
(a) paragraph 42(a);
(b) paragraph 44(5)(b);
(c) subsection 46(2);
(d) paragraph (a) of the definition of approved
authority in section 9;
is taken to be a determination made by the Minister for the purposes of
section 9 of this Act.
A determination made by the relevant Minister under section 6 of the
former Act and in force immediately before 1 January 2005 is taken to be a
determination made by the Minister under section 7 of this Act.
(1) The list (the old list) that was kept by the relevant
Minister immediately before 1 January 2005 under subsection 33(1) of the
former Act is taken to be the list of non-government schools kept by the
Minister under subsection 36(1) of this Act.
(2) Subsection (1) does not apply to the old list to the extent to
which the old list specified an SES score or a funding level.
Note: SES scores and funding levels are dealt with under
sections 133 and 134.
Manner in which list is kept
(3) A determination made by the Minister for the purposes of subsection
33(2) of the former Act and in force immediately before 1 January 2005 is
taken to be a determination made by the Minister for the purposes of subsection
36(2) of this Act.
Approved authorities
(4) An approved authority that is taken (because of section 129) to
have been determined by the Minister under section 9 of this Act to be the
approved authority of an approved school system, or of a non-systemic school, is
taken to be included in the list of non-government schools as a matter mentioned
in paragraph 36(3)(c) or (d) for the appropriate system or school.
(1) The list that was kept by the relevant Minister immediately before
1 January 2005 under subsection 34(1) of the former Act is taken to be the
list of approved school systems kept by the Minister under subsection 37(1) of
this Act.
Manner in which list is kept
(2) A determination made by the Minister for the purposes of subsection
34(2) of the former Act and in force immediately before 1 January 2005 is
taken to be a determination made by the Minister for the purposes of subsection
37(2) of this Act.
(1) This section applies to a non-systemic school included in the list of
non-government schools because of subsection 131(1).
(2) The Minister must vary the list by setting out the
school’s:
(a) SES score if the school is not a special school; and
(b) funding level.
(3) A variation under subsection (2) takes effect, or is taken to
have taken effect, on 1 January 2005.
Once only operation
(4) Subsection (2) requires the Minister to vary the list only once
in relation to each school.
(5) This section does not prevent the Minister varying the list of
non-government schools for the purposes of section 119.
(1) This section applies to each systemic school in an approved school
system that is included in the list of approved school systems because of
subsection 132(1).
(2) The Minister must vary the list of non-government schools by setting
out the school’s:
(a) SES score if the school is not a special school; and
(b) funding level.
(3) A variation under subsection (2) takes effect, or is taken to
have taken effect, on 1 January 2005.
Once only operation
(4) Subsection (2) requires the Minister to vary the list only once
in relation to each school.
(5) This section does not prevent the Minister varying the list of
non-government schools for the purposes of section 119.
A determination made by the relevant Minister for the purposes of the
definition of overseas student in subsection 52(2) of the former
Act and in force immediately before 1 January 2005 is taken to be a
determination made by the Minister for the purposes of the definition of
overseas student in subsection 56(2) of this Act.
A determination made by the Minister under the definition of block
grant authority in subsection 4(1) of the former Act and in force
immediately before 1 January 2005 is taken to be a determination made by
the Minister for the purposes of the definition of block grant
authority in section 4 of this Act.
Agreement—performance targets and measures
(1) Regulations made for the purposes of paragraph 12(1)(b) of the former
Act and in force immediately before 1 January 2005 also have effect, on and
after 1 January 2005, as if they had been made under paragraph 12(1)(b) of
this Act.
(2) Regulations made for the purposes of paragraph 19(b) of the former Act
and in force immediately before 1 January 2005 also have effect, on and
after 1 January 2005, as if they had been made under paragraph 21(b) of
this Act.
Educational accountability—performance information
(3) Regulations made for the purposes of paragraph 15(b) of the former Act
and in force immediately before 1 January 2005 also have effect, on and
after 1 January 2005, as if they had been made under paragraph 17(1)(b) of
this Act.
(4) Regulations made for the purposes of paragraph 23(b) of the former Act
and in force immediately before 1 January 2005 also have effect, on and
after 1 January 2005, as if they had been made under paragraph 26(1)(b) of
this Act.
Educational accountability—performance targets
(5) Regulations made for the purposes of paragraph 15(e) of the former Act
and in force immediately before 1 January 2005 also have effect, on and
after 1 January 2005, as if they had been made under paragraph 17(3)(f) of
this Act.
(6) Regulations made for the purposes of paragraph 23(e) of the former Act
and in force immediately before 1 January 2005 also have effect, on and
after 1 January 2005, as if they had been made under paragraph 26(3)(f) of
this Act.
Guidelines approved by the Minister for the purposes of subsection 7(1)
of the former Act and in force immediately before 1 January 2005 also have
effect, on and after 1 January 2005, as if:
(a) they had been made under section 8 of this Act; and
(b) for each of the old references in the following table, the new
reference were substituted:
|
Guidelines |
||
|---|---|---|
|
Item |
Old reference |
New reference |
|
1 |
section 7 of the States Grants (Primary and Secondary Education
Assistance) Act 2000 |
section 8 of the Schools Assistance (Learning
Together—Achievement Through Choice and Opportunity) Act
2004 |
|
2 |
States Grants (Primary and Secondary Education Assistance) (SES Scores
Guidelines) Approval 2000 |
States Grants (Primary and Secondary Education Assistance) (SES Scores
Guidelines) Approval 2004 |
|
3 |
1 January 2001 |
1 January 2005 |
|
4 |
States Grants (Primary and Secondary Education Assistance) Act
2000 |
Schools Assistance (Learning Together—Achievement Through Choice
and Opportunity) Act 2004 |
|
5 |
2000, 2001, 2002, 2003 or 2004 calendar year |
2003, 2004, 2005, 2006, 2007 or 2008 calendar year |
|
6 |
1996 Census of Population and Housing |
2001 Census of Population and Housing |
|
7 |
the document entitled Funding Arrangements for Non-Government Schools
2001-2004: SES Dimension Scores for Census Collection Districts (CDs) based on
the SES Index for General Recurrent Grants Funding |
the document entitled SES Dimension Scores for the Census Collection
Districts (CDs) based on the SES Index for General Recurrent Grants Funding
2005-2008 |
Note: See the definitions of AGSRC in
section 4.
|
AGSRC amounts |
|
|
|||||
|---|---|---|---|---|---|---|---|
|
|
Column 1 Type of education |
Column 2 2005 program year ($) |
Column 3 2006 program year ($) |
Column 4 2007 program year ($) |
Column 5 2008 program year ($) |
||
|
1 |
Primary |
6,056 |
6,056 |
6,056 |
6,056 |
||
|
2 |
Secondary |
8,021 |
8,021 |
8,021 |
8,021 |
||
Note: The operation of section 109 may affect the
amounts in this Schedule.
Note: See section 57.
|
Primary education amount and secondary education amount |
|---|
|
|
Column 1 Level of education |
Column 2 Funding entitlement (% of AGSRC) |
Column 3 2005 program year ($) |
Column 4 2006 program year ($) |
Column 5 2007 program year ($) |
Column 6 2008 program year ($) |
|---|
|
1 |
Primary education |
8.9 |
539 |
539 |
539 |
539 |
|
2 |
Secondary education |
10.0 |
803 |
803 |
803 |
803 |
Note: The operation of sections 109, 110 and 111 may
affect the amounts in columns 3, 4, 5 and 6.
Note: See section 58.
|
Capital grants for government schools |
||
|---|---|---|
|
|
Column 1 Program year |
Column 2 Amount of grants ($’000) |
|
1 |
2005 |
240,996 |
|
2 |
2006 |
240,996 |
|
3 |
2007 |
240,996 |
|
4 |
2008 |
240,996 |
|
5 |
2009 |
|
|
6 |
2010 |
|
|
7 |
2011 |
|
Note 1: The operation of section 114 may affect the
amount of the grants.
Note 2: Amounts for program years 2009, 2010 and 2011 will
be inserted by later amending Acts.
Note: See sections 4, 67 to 77, 82 to 85 and 131 to
134.
|
Current SES funding for primary education |
|---|
|
|
Column 1 SES score |
Column 2 Current SES funding level (% of AGSRC) |
Column 3 Amount for 2005 program year ($) |
Column 4 Amount for 2006 program year ($) |
Column 5 Amount for 2007 program year ($) |
Column 6 Amount for 2008 program year ($) |
|---|---|---|---|---|---|---|
|
1 |
130 or greater |
13.7 |
830 |
830 |
830 |
830 |
|
2 |
129 |
15.0 |
909 |
909 |
909 |
909 |
|
3 |
128 |
16.2 |
982 |
982 |
982 |
982 |
|
4 |
127 |
17.5 |
1,060 |
1,060 |
1,060 |
1,060 |
|
5 |
126 |
18.7 |
1,133 |
1,133 |
1,133 |
1,133 |
|
6 |
125 |
20.0 |
1,212 |
1,212 |
1,212 |
1,212 |
|
7 |
124 |
21.2 |
1,284 |
1,284 |
1,284 |
1,284 |
|
8 |
123 |
22.5 |
1,363 |
1,363 |
1,363 |
1,363 |
|
9 |
122 |
23.7 |
1,436 |
1,436 |
1,436 |
1,436 |
|
10 |
121 |
25.0 |
1,514 |
1,514 |
1,514 |
1,514 |
|
11 |
120 |
26.2 |
1,587 |
1,587 |
1,587 |
1,587 |
|
12 |
119 |
27.5 |
1,666 |
1,666 |
1,666 |
1,666 |
|
13 |
118 |
28.7 |
1,739 |
1,739 |
1,739 |
1,739 |
|
14 |
117 |
30.0 |
1,817 |
1,817 |
1,817 |
1,817 |
|
15 |
116 |
31.2 |
1,890 |
1,890 |
1,890 |
1,890 |
|
16 |
115 |
32.5 |
1,969 |
1,969 |
1,969 |
1,969 |
|
17 |
114 |
33.7 |
2,041 |
2,041 |
2,041 |
2,041 |
|
18 |
113 |
35.0 |
2,120 |
2,120 |
2,120 |
2,120 |
|
19 |
112 |
36.2 |
2,193 |
2,193 |
2,193 |
2,193 |
|
20 |
111 |
37.5 |
2,271 |
2,271 |
2,271 |
2,271 |
|
21 |
110 |
38.7 |
2,344 |
2,344 |
2,344 |
2,344 |
|
22 |
109 |
40.0 |
2,423 |
2,423 |
2,423 |
2,423 |
|
23 |
108 |
41.2 |
2,496 |
2,496 |
2,496 |
2,496 |
|
24 |
107 |
42.5 |
2,574 |
2,574 |
2,574 |
2,574 |
|
25 |
106 |
43.7 |
2,647 |
2,647 |
2,647 |
2,647 |
|
26 |
105 |
45.0 |
2,726 |
2,726 |
2,726 |
2,726 |
|
27 |
104 |
46.2 |
2,798 |
2,798 |
2,798 |
2,798 |
|
28 |
103 |
47.5 |
2,877 |
2,877 |
2,877 |
2,877 |
|
29 |
102 |
48.7 |
2,950 |
2,950 |
2,950 |
2,950 |
|
30 |
101 |
50.0 |
3,028 |
3,028 |
3,028 |
3,028 |
|
31 |
100 |
51.2 |
3,101 |
3,101 |
3,101 |
3,101 |
|
32 |
99 |
52.5 |
3,180 |
3,180 |
3,180 |
3,180 |
|
33 |
98 |
53.7 |
3,253 |
3,253 |
3,253 |
3,253 |
|
34 |
97 |
55.0 |
3,331 |
3,331 |
3,331 |
3,331 |
|
35 |
96 |
56.2 |
3,404 |
3,404 |
3,404 |
3,404 |
|
36 |
95 |
57.5 |
3,483 |
3,483 |
3,483 |
3,483 |
|
37 |
94 |
58.7 |
3,555 |
3,555 |
3,555 |
3,555 |
|
38 |
93 |
60.0 |
3,634 |
3,634 |
3,634 |
3,634 |
|
39 |
92 |
61.2 |
3,707 |
3,707 |
3,707 |
3,707 |
|
40 |
91 |
62.5 |
3,785 |
3,785 |
3,785 |
3,785 |
|
41 |
90 |
63.7 |
3,858 |
3,858 |
3,858 |
3,858 |
|
42 |
89 |
65.0 |
3,937 |
3,937 |
3,937 |
3,937 |
|
43 |
88 |
66.2 |
4,010 |
4,010 |
4,010 |
4,010 |
|
44 |
87 |
67.5 |
4,088 |
4,088 |
4,088 |
4,088 |
|
45 |
86 |
68.7 |
4,161 |
4,161 |
4,161 |
4,161 |
|
46 |
85 or less |
70.0 |
4,240 |
4,240 |
4,240 |
4,240 |
Note: The operation of sections 109 and 110 may affect
the amounts in columns 3, 4, 5 and 6.
|
Current SES funding for secondary education |
||||||
|---|---|---|---|---|---|---|
|
|
Column 1 SES score |
Column 2 Current SES funding level (% of AGSRC) |
Column 3 Amount for 2005 program year ($) |
Column 4 Amount for 2006 program year ($) |
Column 5 Amount for 2007 program year ($) |
Column 6 Amount for 2008 program year ($) |
|
1 |
130 or greater |
13.7 |
1,099 |
1,099 |
1,099 |
1,099 |
|
2 |
129 |
15.0 |
1,204 |
1,204 |
1,204 |
1,204 |
|
3 |
128 |
16.2 |
1,300 |
1,300 |
1,300 |
1,300 |
|
4 |
127 |
17.5 |
1,404 |
1,404 |
1,404 |
1,404 |
|
5 |
126 |
18.7 |
1,500 |
1,500 |
1,500 |
1,500 |
|
6 |
125 |
20.0 |
1,605 |
1,605 |
1,605 |
1,605 |
|
7 |
124 |
21.2 |
1,701 |
1,701 |
1,701 |
1,701 |
|
8 |
123 |
22.5 |
1,805 |
1,805 |
1,805 |
1,805 |
|
9 |
122 |
23.7 |
1,901 |
1,901 |
1,901 |
1,901 |
|
10 |
121 |
25.0 |
2,006 |
2,006 |
2,006 |
2,006 |
|
11 |
120 |
26.2 |
2,102 |
2,102 |
2,102 |
2,102 |
|
12 |
119 |
27.5 |
2,206 |
2,206 |
2,206 |
2,206 |
|
13 |
118 |
28.7 |
2,303 |
2,303 |
2,303 |
2,303 |
|
14 |
117 |
30.0 |
2,407 |
2,407 |
2,407 |
2,407 |
|
15 |
116 |
31.2 |
2,503 |
2,503 |
2,503 |
2,503 |
|
16 |
115 |
32.5 |
2,607 |
2,607 |
2,607 |
2,607 |
|
17 |
114 |
33.7 |
2,704 |
2,704 |
2,704 |
2,704 |
|
18 |
113 |
35.0 |
2,808 |
2,808 |
2,808 |
2,808 |
|
19 |
112 |
36.2 |
2,904 |
2,904 |
2,904 |
2,904 |
|
20 |
111 |
37.5 |
3,008 |
3,008 |
3,008 |
3,008 |
|
21 |
110 |
38.7 |
3,105 |
3,105 |
3,105 |
3,105 |
|
22 |
109 |
40.0 |
3,209 |
3,209 |
3,209 |
3,209 |
|
23 |
108 |
41.2 |
3,305 |
3,305 |
3,305 |
3,305 |
|
24 |
107 |
42.5 |
3,409 |
3,409 |
3,409 |
3,409 |
|
25 |
106 |
43.7 |
3,506 |
3,506 |
3,506 |
3,506 |
|
26 |
105 |
45.0 |
3,610 |
3,610 |
3,610 |
3,610 |
|
27 |
104 |
46.2 |
3,706 |
3,706 |
3,706 |
3,706 |
|
28 |
103 |
47.5 |
3,810 |
3,810 |
3,810 |
3,810 |
|
29 |
102 |
48.7 |
3,907 |
3,907 |
3,907 |
3,907 |
|
30 |
101 |
50.0 |
4,011 |
4,011 |
4,011 |
4,011 |
|
31 |
100 |
51.2 |
4,107 |
4,107 |
4,107 |
4,107 |
|
32 |
99 |
52.5 |
4,212 |
4,212 |
4,212 |
4,212 |
|
33 |
98 |
53.7 |
4,308 |
4,308 |
4,308 |
4,308 |
|
34 |
97 |
55.0 |
4,412 |
4,412 |
4,412 |
4,412 |
|
35 |
96 |
56.2 |
4,508 |
4,508 |
4,508 |
4,508 |
|
36 |
95 |
57.5 |
4,613 |
4,613 |
4,613 |
4,613 |
|
37 |
94 |
58.7 |
4,709 |
4,709 |
4,709 |
4,709 |
|
38 |
93 |
60.0 |
4,813 |
4,813 |
4,813 |
4,813 |
|
39 |
92 |
61.2 |
4,909 |
4,909 |
4,909 |
4,909 |
|
40 |
91 |
62.5 |
5,014 |
5,014 |
5,014 |
5,014 |
|
41 |
90 |
63.7 |
5,110 |
5,110 |
5,110 |
5,110 |
|
42 |
89 |
65.0 |
5,214 |
5,214 |
5,214 |
5,214 |
|
43 |
88 |
66.2 |
5,310 |
5,310 |
5,310 |
5,310 |
|
44 |
87 |
67.5 |
5,415 |
5,415 |
5,415 |
5,415 |
|
45 |
86 |
68.7 |
5,511 |
5,511 |
5,511 |
5,511 |
|
46 |
85 or less |
70.0 |
5,615 |
5,615 |
5,615 |
5,615 |
Note: The operation of sections 109 and 111 may affect
the amounts in columns 3, 4, 5 and 6.
|
Year 2000 funding for primary education |
|||||
|---|---|---|---|---|---|
|
|
Column 1 Year 2000 funding level (% of AGSRC) |
Column 2 Amount for 2005 program year ($) |
Column 3 Amount for 2006 program year ($) |
Column 4 Amount for 2007 program year ($) |
Column 5 Amount for 2008 program year ($) |
|
1 |
11.8 |
715 |
715 |
715 |
715 |
|
2 |
14.0 |
848 |
848 |
848 |
848 |
|
3 |
15.7 |
951 |
951 |
951 |
951 |
|
4 |
19.6 |
1,187 |
1,187 |
1,187 |
1,187 |
|
5 |
19.7 |
1,194 |
1,194 |
1,194 |
1,194 |
|
6 |
23.9 |
1,448 |
1,448 |
1,448 |
1,448 |
|
7 |
29.0 |
1,757 |
1,757 |
1,757 |
1,757 |
|
8 |
32.0 |
1,938 |
1,938 |
1,938 |
1,938 |
|
9 |
34.7 |
2,102 |
2,102 |
2,102 |
2,102 |
|
10 |
35.0 |
2,120 |
2,120 |
2,120 |
2,120 |
|
11 |
38.7 |
2,344 |
2,344 |
2,344 |
2,344 |
|
12 |
43.8 |
2,653 |
2,653 |
2,653 |
2,653 |
|
13 |
47.5 |
2,877 |
2,877 |
2,877 |
2,877 |
|
14 |
51.6 |
3,125 |
3,125 |
3,125 |
3,125 |
|
15 |
56.0 |
3,392 |
3,392 |
3,392 |
3,392 |
Note: The operation of sections 109 and 110 may affect
the amounts in columns 2, 3, 4 and 5.
|
Year 2000 funding for secondary education |
|||||
|---|---|---|---|---|---|
|
|
Column 1 Year 2000 funding level (% of AGSRC) |
Column 2 Amount for 2005 program year ($) |
Column 3 Amount for 2006 program year ($) |
Column 4 Amount for 2007 program year ($) |
Column 5 Amount for 2008 program year ($) |
|
1 |
14.2 |
1,139 |
1,139 |
1,139 |
1,139 |
|
2 |
15.6 |
1,252 |
1,252 |
1,252 |
1,252 |
|
3 |
18.9 |
1,516 |
1,516 |
1,516 |
1,516 |
|
4 |
21.9 |
1,757 |
1,757 |
1,757 |
1,757 |
|
5 |
28.7 |
2,303 |
2,303 |
2,303 |
2,303 |
|
6 |
32.2 |
2,583 |
2,583 |
2,583 |
2,583 |
|
7 |
35.7 |
2,864 |
2,864 |
2,864 |
2,864 |
|
8 |
38.8 |
3,113 |
3,113 |
3,113 |
3,113 |
|
9 |
39.1 |
3,137 |
3,137 |
3,137 |
3,137 |
|
10 |
43.2 |
3,466 |
3,466 |
3,466 |
3,466 |
|
11 |
48.8 |
3,915 |
3,915 |
3,915 |
3,915 |
|
12 |
53.0 |
4,252 |
4,252 |
4,252 |
4,252 |
|
13 |
57.5 |
4,613 |
4,613 |
4,613 |
4,613 |
|
14 |
62.4 |
5,006 |
5,006 |
5,006 |
5,006 |
Note: The operation of sections 109 and 111 may affect
the amounts in columns 2, 3, 4 and 5.
Note: See section 88.
|
Capital grants for non-government schools |
||
|---|---|---|
|
|
Column 1 Program year |
Column 2 Amount of grants ($’000) |
|
1 |
2005 |
98,565 |
|
2 |
2006 |
98,565 |
|
3 |
2007 |
98,565 |
|
4 |
2008 |
87,226 |
|
5 |
2009 |
|
|
6 |
2010 |
|
|
7 |
2011 |
|
Note 1: The operation of section 114 may affect the
amount of the grants.
Note 2: Amounts for program years 2009, 2010 and 2011 will
be inserted by later amending Acts.
Note: See section 89.
|
Grants of short term emergency assistance |
||
|---|---|---|
|
|
Column 1 Program year |
Column 2 Amount of grants ($’000) |
|
1 |
2005 |
811 |
|
2 |
2006 |
811 |
|
3 |
2007 |
811 |
|
4 |
2008 |
811 |
Note: The operation of section 112 may affect the
amount of the grants.
Note: See sections 91 to 102.
|
Grants for targeted assistance |
|||
|---|---|---|---|
|
|
Column 1 Program year |
Column 2 Grants for education in country areas ($’000) |
Column 3 Grants to foster languages education ($’000) |
|
1 |
2005 |
23,407 |
22,847 |
|
2 |
2006 |
23,407 |
22,847 |
|
3 |
2007 |
23,407 |
22,847 |
|
4 |
2008 |
23,407 |
22,847 |
Note: The operation of section 112 may affect the
amount of the grants.
|
ESL new arrivals amount |
||
|---|---|---|
|
|
Column 1 Program year |
Column 2 Amount ($) |
|
1 |
2005 |
4,439 |
|
2 |
2006 |
4,439 |
|
3 |
2007 |
4,439 |
|
4 |
2008 |
4,439 |
Note: The operation of section 112 may affect the
amount of the grants.
Note: See sections 103 to 108.
|
Grants for literacy, numeracy and special learning needs |
||||||
|---|---|---|---|---|---|---|
|
|
Column 1 Program year |
Column 2 Grants for schools ($’000) |
Column 3 Grants for schools: guarantee amount ($’000) |
Column 4 Grants for non-gov’t centres ($’000) |
Column 5 Grants for non-gov’t centres: guarantee amount ($’000) |
Column 6 Grants for national projects ($’000) |
|
1 |
2005 |
338,698 |
9,261 |
25,596 |
3,167 |
8,637 |
|
2 |
2006 |
338,772 |
9,261 |
26,503 |
3,167 |
8,637 |
|
3 |
2007 |
338,768 |
9,261 |
27,411 |
3,167 |
8,637 |
|
4 |
2008 |
338,768 |
9,261 |
28,318 |
3,167 |
Nil |
Note: The operation of section 112 may affect the
amount of the grants.
|
Strategic assistance amounts |
|||
|---|---|---|---|
|
|
Column 1 Program year |
Column 2 Government schools ($) |
Column 3 Non-government schools ($) |
|
1 |
2005 |
129 |
654 |
|
2 |
2006 |
129 |
654 |
|
3 |
2007 |
129 |
654 |
|
4 |
2008 |
129 |
654 |
Note: The operation of section 112 may affect the
amount of the grants.