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This is a Bill, not an Act. For current law, see the Acts databases.
1996
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
States Grants (Primary
and Secondary Education Assistance) Bill
1996
No. ,
1996
(Employment, Education, Training and
Youth Affairs)
A Bill for an Act to grant
financial assistance to the States, the Australian Capital Territory and the
Northern Territory to maintain stability in funding for the 1997-2000
quadrennium for primary and secondary education, and for related
purposes
9612220—1,025/18.9.1996—(122/96) Cat. No.
96 5178 0 ISBN 0644 479345
Contents
A Bill for an Act to grant financial assistance to the
States, the Australian Capital Territory and the Northern Territory to maintain
stability in funding for the 1997-2000 quadrennium for primary and secondary
education, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the States Grants (Primary and Secondary
Education Assistance) Act 1996.
This Act commences on 1 January 1997.
(1) A dictionary of expressions used in this Act is contained in Schedule
9.
(2) Unless the contrary intention appears, an expression used in this Act
that is defined in the dictionary has the meaning given by the
dictionary.
(1) The Minister may make a determination declaring, for the purposes of
this Act, in relation to education provided at schools generally, or at schools
included in a particular class of schools, what is a level of primary education
or a level of secondary education for a State.
(2) Without limiting the matters to which the Minister may have regard in
making a determination under subsection (1), the Minister must have regard
to the arrangements made for the provision of education at government schools in
the State.
(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 under
subsection (1) that applies to the school.
An
aggregation of non-government schools may nominate a body to be the nominated
authority of the aggregation for the purposes of this Act or of a particular
provision or particular provisions of this Act.
Financial assistance under this Act is not to be provided to a State in
respect of overseas students and those students are to be disregarded for the
purposes of Part 4.
(1) A determination or approval by the Minister under this Act is to be in
writing.
(2) A determination or approval takes effect on the day on which the
determination or approval is made or given or on the day stated for the purpose
in the determination or approval.
(3) The day of effect of a determination or approval may be a day before
the day of the making of the determination or the giving of the approval if the
provision under or for the purposes of which the determination is made or the
approval is given so permits.
(4) If a provision of this Act refers to a determination made, approval
given or other act or thing done by the Minister and there is no other provision
of this Act expressly authorising the Minister to make such a determination,
give such an approval or do such an act or thing, the Minister is authorised by
this subsection 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 in
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 the day on
which it is made or, subject to subsection (6), if another day is stated
for the purpose in the instrument, on the other day.
(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 so permits.
(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
(whether before or after the commencement of this Act) made with the
Commonwealth an agreement that sets out conditions on which financial assistance
is granted to the State under that provision for the program year and:
(a) which are required by subsection (2); or
(b) which the Minister thinks are appropriate in relation to financial
assistance to the State.
(2) The conditions that may be set out in an agreement referred to in
subsection (1) must include:
(a) a condition that the amount of the payment is to be spent for purposes
determined by the Minister and set out in the condition; and
(b) a condition requiring reports about the expenditure of the amounts of
the assistance to be made by the State to the Minister at times, in a manner,
and containing information of a kind, that the Minister thinks appropriate in
relation to financial assistance to the State.
The grant to a State under a provision of this Act of financial
assistance for government schools for a program year is subject to:
(a) the conditions set out in the agreement made between the State and the
Commonwealth under section 9 in respect of the financial assistance;
and
(b) the additional conditions applying under this Division.
The following additional conditions apply for the purposes of
paragraph 10(b):
(a) a condition that the State will give the Department, on or before 30
June next following the relevant program year or such other date as the Minister
determines, 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 the relevant provision of this Act for that year has
been spent in respect of that year for the purpose for which the assistance was
granted;
(b) a condition that, if not all the amount or amounts of the assistance
were spent by the State in respect of the relevant program year for the purpose
for which the assistance was granted, the State will, if the Minister so
determines, pay to the Commonwealth, within a period determined by the Minister,
such amount (not being greater than the unspent amount or the sum of the unspent
amounts) as is stated in the determination.
An additional condition applying for the purposes of paragraph 10(b)
is a condition that the State will, not later than a date or dates determined by
the Minister, do any of the following:
(a) take part in the preparation of a national report on the outcomes of
schooling;
(b) provide to the Minister a report or reports, of a kind or kinds agreed
to between the State Minister and the Minister, on matters agreed to between
them;
(c) take part in evaluations of the outcomes of programs of financial
assistance provided under this Act.
An additional condition applying for the purposes of paragraph 10(b)
is a condition that, if the State does not fulfil a condition referred to in
paragraph 10(a) within the period stated in the relevant agreement or does
not fulfil a condition referred to in section 11 or 12 as required by or
under that section:
(a) the State will, if the Minister so determines, repay to the
Commonwealth such amount (not being greater than the sum of the amounts of
financial assistance paid to the State under the relevant provision for the
relevant program year) as the Minister states 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 payable to the
State under this Act for government schools by an amount or amounts not greater
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 the
condition.
An additional condition applying for the purposes of paragraph 10(b)
is a condition that, if the amount of financial assistance paid to the State
under a provision of this Act for government schools exceeded the amount that
was properly payable:
(a) the State will, if the Minister so determines, pay to the Commonwealth
such amount (not greater than the excess) as the Minister states 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 payable to the
State under this Act for government schools by an amount or amounts not greater
than the amount stated in the determination under
paragraph (a).
(1) The Minister must not authorise a payment to a State under this Act
for a non-government body unless the relevant authority has (whether before or
after the commencement of this Act) made with the Commonwealth, for the program
year for which the payment is to be made, an agreement that complies with
section 16.
(2) 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 school is not recognised, or is
not recognised for that level of education, by the State Minister.
(3) 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 for 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.
(4) 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 for the non-government body is not a body
corporate; and
(b) it appears to the Minister that:
(i) the liabilities of the authority are substantially greater than its
assets; or
(ii) the 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.
(1) An agreement made with the Commonwealth under subsection 15(1) by
the relevant authority (the authority) of a non-government
body:
(a) must contain:
(i) the requirements and provisions set out in subsections (2) to (7) of
this section; and
(ii) any provision required by paragraph 30(2)(d); and
(iii) any provision required by paragraph 33(4)(b); and
(iv) any provision required by paragraph 34(4)(e); and
(b) may contain:
(i) the provision set out in subsection (8) of this section; and
(ii) any other provisions that the Minister thinks appropriate in relation
to the authority.
(2) The agreement must require the amounts (the received
amounts) received by the 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).
(3) The agreement must require the 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 authority, to accounts, records and documents of the
authority relating to information that the 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.
(4) The agreement must require the authority to give the Minister, on or
before 30 June next following the relevant program year or such other date as
the Minister determines, a certificate by a qualified accountant stating whether
an amount equal to the sum of the received amounts has been spent in respect of
that year for the purposes mentioned in subsection (2).
(5) The agreement must require the authority, not later than a date or
dates determined by the Minister, to do any of the following:
(a) take part in the preparation of a national report on the outcomes of
schooling;
(b) provide to 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 in so far as they related to the authority;
(c) take part in evaluations of the outcomes of those programs.
(6) The agreement must contain a provision that, if the 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 authority will, if the Minister so determines, pay to the
Commonwealth an amount (not greater than the received amounts) stated in the
determination; and
(b) if the authority does not do so, the Minister may make a determination
reducing any other amount or amounts of financial assistance payable to the
State under this Act for the non-government body by an amount that does not
exceed, or amounts the total of which does not exceed, the amount stated in the
determination; 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 authority complies with the
requirement.
(7) The agreement must contain a provision that, if the sum of the
received amounts exceeded the total amount that was properly payable to the
State for the non-government body:
(a) the 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 payable to the
State under this Act for the non-government body by an amount or amounts not
greater than the excess.
(8) The agreement may contain a provision that, if:
(a) the total amount of the payments made to the State for the
non-government body for a particular capital project is more than $50,000;
and
(b) the asset (being land, a building or equipment) in respect of which
the payments were made:
(i) is sold or otherwise disposed of; or
(ii) ceases to be used; or
(iii) ceases to be used principally for the purposes determined by the
Minister as mentioned in subsection (2); and
(c) the period since the completion of the project is less than 20
years;
the authority will, if the Minister so determines, pay to the Commonwealth
or to a block grant authority an amount (not exceeding the total amount referred
to in paragraph (a)) determined by the Minister (the determined
amount) and, if the authority does not do so, the Minister may make a
determination reducing any other amount or amounts of financial assistance
payable to the State under this Act for the non-government body by an amount or
amounts not greater than so much of the determined amount as has not been so
paid.
The grant to a State under 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 under the provision for the
body; and
(ii) when making such a payment, describe the amount paid to the authority
as a payment made out of money paid to the State by the Commonwealth under the
provision; and
(b) the additional conditions applying under this Division.
An additional condition applying for the purposes of paragraph 17(b)
is a condition that, if the State does not fulfil the condition referred to in
paragraph 17(a) in relation to a grant under a provision of this Act for a
non-government body within the period or 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 such amount (not greater than the sum of the amounts of financial
assistance paid to the State under the provision for the non-government body for
the relevant program year) as the Minister states in the determination;
and
(b) if the non-fulfilment of the condition referred to in
paragraph 17(a) consists of or includes delaying payment of an amount to
the relevant authority of the non-government body, the Minister may delay the
making of any future payment to the State under this Act for government
schools.
(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 the case may be, has determined that the State should repay an amount to the
Commonwealth; and
(c) an amount (the repayable amount) that is the whole or a
part of the amount referred to in paragraph (b) remains unpaid.
(2) The Minister may make a determination reducing an amount that is
payable to the State under any provision of this Act in a program year by an
amount not greater than the repayable amount.
(3) The Minister may make a determination increasing the maximum amount
that may be paid to the States for any purpose under any provision of this Act
in any program year by an amount that is not greater, or amounts the sum of
which is not greater, than the amount of any reduction effected under
subsection (2) (whether the reduction was effected in relation to the same
provision, or a different provision, of this Act).
(1) This section applies if:
(a) under a provision of an agreement made under Division 2 between the
Commonwealth and the relevant authority of a non-government body, the Minister,
or the relevant Minister, as the case may be, has determined that the authority
should pay an amount to the Commonwealth; and
(b) an amount (the amount payable) that is the whole or a
part of the amount referred to in paragraph (a) remains unpaid.
(2) The Minister may make a determination reducing an amount that is
payable to a State for the non-government body under any provision of this Act
in any program year by an amount not greater than the amount payable.
(3) The Minister may make a determination increasing the maximum amount
that may be paid to the States for any purpose under any provision of this Act
in any program year by an amount that is not greater, or amounts the sum of
which is not greater, than the amount of any reduction effected under
subsection (2) (whether the reduction was effected in relation to the same
provision, or a different provision, of this Act).
If the Minister is considering whether to make:
(a) a determination under paragraph 11(b), 13(a), 14(a) or 18(a) that
a State should repay an amount to the Commonwealth; or
(b) a determination under a provision of an agreement referred to in
paragraph 16(6)(a) or (7)(a) or subsection 16(8) that the relevant
authority of a non-government body should pay an amount to the
Commonwealth;
the Minister must take into account all relevant matters, including whether
the State or authority gave all relevant information to the Commonwealth before
the relevant grant of financial assistance was made.
When 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.
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 for the level and
location.
(1) The Minister must keep a list of non-government schools for which
financial assistance is 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 particulars 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;
(d) the address of each location at which the school provides education
for which financial assistance is provided under this Act;
(e) a description of:
(i) the levels at which education is provided at the school; and
(ii) if more than one location is included under paragraph (d) for
the school—the levels at which education is provided at each of those
locations;
being levels of education for which financial assistance is provided
under this Act;
(f) if the school is not included in an approved school system—the
funding level of the school as determined by the Minister.
(4) The Minister must, as soon as practicable after 1 July in each program
year, cause the name and funding level of each non-systemic school to be
published in the Gazette.
(1) Any variation of the list to be made under this Act is to be made by
determination by the Minister.
(2) The Minister may, having regard to any significant change in the need
of a non-systemic school for financial assistance for recurrent expenditure of
the school, vary the list by setting out a different funding level of the
school.
(3) If a school in a State that is included in the list ceases to be
recognised by the State Minister for a particular level of education, the
Minister may vary the list by removing the reference to that level of education
for the school.
(4) If a school in a State that is included in the list:
(a) ceases to be recognised by the State Minister; or
(b) becomes conducted for profit;
the Minister may vary the list by removing the name of the school from the
list.
(5) 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 the removal from the list of:
(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.
(6) A variation under this section may be expressed to have taken effect
from a day before the day on which the determination was made.
(7) If the Minister varies the list under this section, the Minister must
give written notice to the relevant approved authority accordingly.
(1) The Minister must keep a list of approved school systems.
(2) The list of approved school systems 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 of approved school systems is to contain the funding level,
as determined by the Minister, of each system included in the list of approved
school systems.
(4) The Minister must, as soon as practicable after 1 July in each program
year, cause the name, the funding level, and the names of the member schools, of
each school system included in the list of approved school systems to be
published in the Gazette.
(1) Any variation of the list of approved school systems to be made under
this Act is to be made by determination by the Minister.
(2) The Minister may vary the list of approved school systems to include a
new school system that consists of non-government schools in a State.
(3) If the Minister varies the list of approved school systems to include
a school system, the Minister must, having regard to the need of the system for
financial assistance, determine, and set out in the list of approved school
systems, the funding level of the system.
(4) If:
(a) a significant change occurs in the need of an approved school system
for financial assistance, being a change that occurred due to circumstances
outside the control of the approved authority; or
(b) a school that is included in the list becomes part of an approved
school system;
the Minister may vary the list of approved school systems by setting out a
different funding level of the system.
(5) The Minister may vary the list of approved school systems:
(a) under another provision of this Act; or
(b) to correct clerical errors or to make alterations of a formal kind,
including the removal from the list of approved school systems of the name of a
school system that has ceased to exist.
(6) A variation under this section may be expressed to have taken effect
from a day before the day on which the determination was made.
(7) If the Minister varies the list of approved school systems under this
section, the Minister must give written notice to the relevant approved
authority accordingly.
(1) Subject to subsection (2), 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) This Division does not apply to a proposal that is consequential on a
proposal to which Division 2 applies.
(1) The approved authority (the existing authority) of a
non-systemic school or of an approved school system may apply to the Minister
for approval of a proposal.
(2) The application must:
(a) be in writing; and
(b) set out particulars of the school or of the school system, as the case
may be, and of the new body; and
(c) if there are any obligations of the existing authority under this Act
in relation to the school or the school system that have not been
fulfilled—state whether the new body agrees to fulfil those obligations;
and
(d) request the Minister to approve the new
body as the approved authority of the school or of the school system.
(1) Subject to subsection (2), the Minister may:
(a) approve the proposal; or
(b) refuse the application.
(2) The Minister must not approve the proposal unless:
(a) if the new body is required, under the law of the State in which the
non-systemic school or the schools in the approved school system are situated,
to be recognised by the State Minister—the new body is so 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) if there are any obligations of the existing authority under this Act
that have not been fulfilled in respect of the school or the schools in the
system, and the new body has agreed to fulfil those obligations—the
agreement made by the new body with the Commonwealth under subsection 15(1)
makes provision for the new body to fulfil those obligations.
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 the case may be;
and
(b) make appropriate variations of the list of non-government schools or
the list of approved school systems, as the case may be.
This Division applies in relation to:
(a) a proposal for a non-systemic school to become a member of an approved
school system; or
(b) a proposal for a school that is a member of an approved school system
to cease to be a member of that system.
(1) In respect of a proposal for a non-systemic school to become a member
of an approved school system, the approved authority of the school may apply to
the Minister for approval of the proposal.
(2) The application must:
(a) be in writing; and
(b) set out particulars of the school and of the approved school system;
and
(c) be accompanied by evidence that the approved authority of the approved
school system agrees to the school becoming a member of the system;
and
(d) state the earliest program year to which the proposal relates;
and
(e) if there are any obligations of the approved authority of the school
under this Act that have not been fulfilled—state whether the approved
authority of the approved school system agrees to fulfil those obligations;
and
(f) request the Minister to approve the proposal.
(3) Subject to subsection (4), 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 school system with
the Commonwealth in accordance with subsection 15(1) applies, or has been
varied so as to apply, to the school in respect of the earliest program year to
which the proposal relates and all later program years; and
(b) if there are any obligations of the approved authority of the school
that have not been fulfilled and the approved authority of the school system has
agreed to fulfil those obligations—the agreement referred to in
paragraph (a) has been varied so as to provide that the approved authority
of the approved school system will fulfil those obligations.
(1) In respect of a proposal for a school that is a member of an approved
school system to cease to be a member of the system, either:
(a) the body (the responsible body) that is to be
principally responsible for the school under the proposal; or
(b) the approved authority of the approved school system;
may apply to the Minister for approval of the proposal.
(2) The application must:
(a) be in writing; and
(b) set out particulars of the school and of the responsible body;
and
(c) state the earliest program year to which the proposal relates;
and
(d) if there are any obligations of the approved authority of the approved
school system under this Act in relation to the school that have not been
fulfilled—state whether the responsible body agrees to fulfil those
obligations; and
(e) request the Minister to approve the proposal.
(3) Subject to subsection (4), 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
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 in
accordance with subsection 15(1) for the earliest program year to which the
proposal relates and all later program years; and
(e) if there are any obligations of the approved authority of the approved
school system under this Act in relation to the school that have not been
fulfilled and the responsible body has agreed to fulfil those
obligations—the agreement referred to in paragraph (d) provides that
the responsible body will fulfil those obligations.
If the Minister approves the proposal, the Minister must:
(a) if the proposal is for a school to cease to be a member of an approved
school system—determine that the responsible body is the approved
authority of the school; and
(b) in respect of any proposal—make appropriate variations to the
list of non-government schools or the list of approved school systems or both,
as the case may be.
location proposal means a proposal to vary the list to take
account of a change as a result of which a systemic school or a non-systemic
school will:
(a) provide 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) provide education at a new location in substitution for a previous
location; or
(c) provide a level of education at an additional location otherwise than
as mentioned in paragraph (b).
new school proposal means a proposal:
(a) for the inclusion in the list of 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) for the inclusion in the list of 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) for the inclusion in the list of a new school; or
(d) for the inclusion in the list of an existing school that is not
included in the list.
(1) The approved authority of a school or of an approved school system may
apply to the Minister to have the list varied to take account of a location
proposal or a new school proposal in respect of the school or in respect of a
school that is included in the system, as the case may be.
(2) The application must:
(a) be in writing; and
(b) set out particulars of the proposal; and
(c) subject to subsection (3):
(i) state the earliest program year to which the variation is to apply;
and
(ii) if that program year is the program year referred to in
paragraph (3)(c)—set out the circumstances considered by the
applicant to be exceptional circumstances referred to in that paragraph;
and
(d) request the Minister to vary the list to take account of the
proposal.
(3) The earliest program year to be stated in an application as mentioned
in subparagraph (2)(c)(i) is to be:
(a) the program year in which the application is made; or
(b) the program year next 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) Subject to section 39, the Minister may:
(a) make a determination varying the list to take account of the proposal;
or
(b) refuse the application.
(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.
(1) The Minister must not make a determination varying the list to take
account of the proposal unless the requirements of this section have been
satisfied.
(2) The first requirement is that:
(a) if the proposal is a location proposal—education has begun to be
provided by the relevant school at the location concerned in accordance with the
relevant paragraph of the definition of location proposal;
or
(b) if the application is for a new school proposal—education has
begun to be provided at the relevant school.
(3) The second requirement is that:
(a) if the proposal is a location proposal—provision of education by
the relevant 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;
or
(b) if the proposal is a new school proposal—education at the
relevant school has been recognised by the State Minister of the State in which
the school is situated.
(4) The third requirement is that, if the proposal is a new school
proposal, the relevant school is not conducted for profit.
(5) The fourth requirement is that, if the proposal is a new school
proposal and the relevant school is not included in an approved school
system—the approved authority of the school is a body corporate.
(6) The fifth requirement is that the requirements applicable under
subsections (2), (3), (4) and (5) are satisfied before the schools census day in
the earliest program year to which the variation is to apply.
The Minister may not vary the list 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.
If the Minister varies the list under this Part:
(a) to include a school formed as a result of the amalgamation of a
non-systemic school with another school that is not included in an approved
school system, whether or not the other school is included in the list;
or
(b) to include a school formed as a result of the separation of a
non-systemic school into 2 or more schools; or
(c) to include a new school that is not included in an approved school
system; or
(d) to include an existing school that is not included in an approved
school system and is not included in the list; or
(e) to include a school that has ceased to be a member of an approved
school system;
the Minister must determine the funding level of the school having regard
to the need of the school for financial assistance, and must include in the list
the level so determined.
Note 1: It is not necessary for the Minister to determine a
funding level for a school formed as a result of the amalgamation of a systemic
school with a non-systemic school or with another systemic school, or as a
result of the separation of a systemic school into 2 or more schools, as the
school formed as a result of the amalgamation or the schools resulting from the
separation would ordinarily be included in the relevant approved school
system.
If the Minister makes a determination under this Part, the Minister must
give written notice of the determination to the relevant approved
authority.
Subject to section 40, a determination under this Part may be
expressed to have taken effect from a day before the day on which the
determination was made but not before the commencing day.
(1) The Minister may make a determination authorising the payment to a
State under this section, by way of financial assistance to the State for
recurrent expenditure of government schools in the State for a program year, of
an amount that is not greater than the amount worked out using the following
formula:
Part 1 amount means the amount set out in the column of Part
1 of Schedule 1 that relates to the program year.
number of 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.
Part 2 amount means the amount set out in the column of Part
2 of Schedule 1 that relates to the program year.
number of 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.
(1) The Minister may make a determination approving a capital grant that
may be authorised to be paid to a State under section 46 for a capital
project or capital projects in connection with government schools or government
rural student hostels, or both, in the State for a program year.
(2) Without limiting subsection (1), the Minister may make a
determination setting out the total amount of the capital grants that may be
approved under subsection (1) in respect of a State for a particular
program year for projects referred to in that subsection.
(3) The
Minister must not vary the amount of a capital grant approved under
subsection (1) for a project or projects if the variation would result in
the total amount of the capital grants approved under this section for a State
for a program year being greater than the total amount determined for the State
under subsection (2) for the program year.
The Minister may make a determination authorising the payment to the
States, by way of financial assistance to the States for expenditure for a
program year in respect of capital grants approved under subsection 45(1),
of amounts the total of which is not greater than the amount set out in column 2
of Schedule 2 opposite the reference to the program year.
(1) The Minister may make a determination authorising the payment to a
State under this section, by way of financial assistance to the State for
recurrent expenditure of an approved school system, or of a non-systemic school,
in the State for a program year, of an amount not greater than the amount worked
out using the following formula:
(2) In the formula in subsection (1):
Part 1 amount means:
(a) subject to paragraph (b), the amount set out in the column of
Part 1 of Schedule 3 that relates to the program year opposite the reference to
the funding level of the school system or of the school, as the case may be;
or
(b) if the amount that was the Part 1 amount applicable for the school
system or the school for the calendar year ending on 31 December 1996 under
section 55 of the former Act was the guaranteed amount (the previous
guaranteed amount) referred to in subsection 135(3) of that
Act—the greater of:
(i) the amount applicable under paragraph (a) for the school system
or the school for the program year; or
(ii) the previous guaranteed amount.
number of primary students means the number of students
(including the full-time equivalent of part-time students) receiving primary
education at systemic schools in the school system or at the non-systemic
school, as the case may be, on the schools census day for the State for the
program year.
Part 2 amount means:
(a) subject to paragraph (b), the amount set out in the column of
Part 2 of Schedule 3 that relates to the program year opposite the reference to
the funding level of the school system or of the school, as the case may be;
or
(b) if the amount that was the Part 2 amount applicable for the school
system or the school for the calendar year ending on 31 December 1996 under
section 55 of the former Act was the guaranteed amount (the previous
guaranteed amount) referred to in subsection 135(4) of that
Act—the greater of:
(i) the amount applicable under paragraph (a) for the school system
or the school for the program year; or
(ii) the previous guaranteed amount.
number of secondary students means the number of students
(including the full-time equivalent of part-time students) receiving secondary
education at systemic schools in the school system or at the non-systemic
school, as the case may be, on the schools census day for the State for the
program year.
(3) For the purposes of the definitions of number of primary
students and number of secondary students in
subsection (2), a student is taken not to be receiving primary
education or not to be receiving secondary education (as
the case may be) at a systemic school in the school system or at the
non-systemic school unless:
(a) the student attends, on a daily basis, a systemic school in the system
or the non-systemic school (as the case may be) at the location set out in the
list of non-government schools in respect of the school; or
(b) if paragraph (a) does not apply—the Minister has, because
of special circumstances, determined that the student should be treated as so
attending the school.
(1) The Minister may make a determination approving a capital grant that
may be authorised to be paid to a State under section 49 for a capital
project or capital projects:
(a) in connection with a non-government school, a block grant authority or
a non-government rural student hostel in the State; or
(b) in connection with a group of non-government schools or non-government
rural student hostels, or both, in the State;
for a program year.
(2) Without limiting subsection (1), the Minister may make a
determination setting out the total amount of the capital grants that may be
approved under subsection (1) in respect of a block grant authority for a
particular program year for projects referred to in that subsection.
(3) The Minister must not vary the amount of a capital grant approved
under subsection (1) and administered by a block grant authority if the
variation would result in the total amount of the capital grants approved under
this section for the program year and administered by the block grant authority
being greater than the total amount determined for the block grant authority
under subsection (2) for the program year.
The Minister may make a determination authorising the payment to the
States, by way of financial assistance to the States for expenditure for a
program year in respect of capital grants approved under subsection 48(1),
of amounts the total of which is not greater than the amount set out in column 2
of Schedule 4 opposite the reference to the program year.
(1) Subject to subsection (2), if the Minister is satisfied that,
because of any unexpected circumstance, a systemic school or a non-systemic
school in a State is in special need of short-term emergency assistance in a
program year, the Minister may make a determination authorising the making of
payments to the State, by way of financial assistance to the State to provide
short-term emergency assistance for the school for the program year.
(2) The sum of the amounts paid to the States under subsection (1)
for a program year must not be greater than the amount set out in the column of
Schedule 5 that relates to the program year.
The object of this Part is to help with the acquisition of appropriate
literacy, numeracy and related skills by students who are most educationally
disadvantaged and are therefore more likely to be at risk, when leaving school,
of being ill-equipped to receive further education and training or to engage in
sustainable employment.
(1) Subject to subsection (2), the Minister may make a determination
authorising the making of payments to a State, by way of financial assistance to
the State for a program year for expenditure in respect of the program year in
connection with government schools in the State with the objective of fostering
the development of literacy or numeracy skills, particularly among students who
are educationally disadvantaged.
(2) The sum of the amounts paid to the States under this section for a
program year must not be greater than the amount set out in column 2 of Schedule
6 in relation to the program year.
Note 1: Certain amounts paid to a State under
section 77 are taken to be paid under this section.
(1) Subject
to subsection (2), the Minister may make a determination authorising the
making of payments to a State, by way of financial assistance to the State for a
program year for expenditure in respect of the program year in connection with
non-government schools in the State with the objective of fostering the
development of literacy or numeracy skills, particularly among students who are
educationally disadvantaged.
(2) The sum of the amounts paid to the States under this section for a
program year must not be greater than the amount set out in column 3 of Schedule
6 in relation to the program year.
Note 1: Certain amounts paid to a State under
section 77 are taken to be paid under this section.
(1) The Minister may approve a project for the purposes of this section
if:
(a) the project is to be carried out in Australia; and
(b) the sole or principal object of the project is the development of
literacy or numeracy skills.
(2) Without limiting subsection (1), a project referred to in that
subsection may be a project relating to expenditure referred to in section 52 or
53.
(3) The Minister may make a determination authorising the payment to a
State for a program year of an amount by way of financial assistance to the
State for expenditure on a project approved under subsection (1):
(a) whether the project is conducted by the State or by a non-government
body established in the State; and
(b) whether the project is conducted within, or outside, or within and
outside, the State.
(4) If an amount is set out in column 4 of Schedule 6 in relation to a
program year, the sum of the amounts paid to the States under this section for
the program year must not be greater than the amount so set out.
(5) In this section:
expenditure, in relation to an approved project, includes
expenditure in publicising the project concerned, whether by disseminating
information about the project, conducting seminars in connection with the
project or carrying out other related activities in connection with the
project.
(1) The object of this Part is to expand opportunities for students to
learn certain languages.
(2) This object is given effect by:
(a) providing funding to help schools and school systems to enhance and
expand opportunities for students to learn Asian languages and take part in
Asian studies; and
(b) providing support for the teaching of community languages to students
enrolled in primary education or secondary education; and
(c) providing support for excellence and growth in the learning of
priority languages in the course of receiving primary education or secondary
education.
Subject to section 66, the Minister may make a determination authorising
the making of payments to a State, by way of financial assistance to the State,
for expenditure for a program year in connection with government schools in the
State with the objective of fostering the learning of Asian languages or
fostering Asian studies.
Subject to section 66, the Minister may make a determination authorising
the making of payments to a State, by way of financial assistance to the State,
for expenditure for a program year in connection with non-government schools in
the State with the objective of fostering the learning of Asian languages or
fostering Asian studies.
(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 Asian
languages or to foster Asian studies.
(2) Without limiting subsection (1) a project referred to in that
subsection may be a project relating to expenditure referred to in section 56 or
57.
(3) Subject to section 66, the Minister may make a determination
authorising the payment to a State for a program year of an amount by way of
financial assistance to the State for expenditure on a project approved under
subsection (1):
(a) whether the project is conducted by the State, by a non-government
body established in the State or by an individual residing in the State;
and
(b) whether the project is conducted within, or outside, or within and
outside, the State.
(4) In this section:
expenditure, in relation to an approved project, includes
expenditure in publicising the project concerned, whether by disseminating
information about the project, conducting seminars in connection with the
project or carrying out other related activities in connection with the
project.
Subject to section 66, the Minister may make a determination
authorising the making of payments to a State by way of financial assistance to
the State for recurrent expenditure for a program year in respect of the
teaching of community languages:
(a) at or in connection with government schools in the State; or
(b) by any other body (other than the relevant authority of a school or
school system referred to in section 60) in the State.
Note 1: Certain amounts paid to a State under
section 77 are taken to be paid under this section.
Subject to section 66, the Minister may make a determination
authorising the making of payments to a State by way of financial assistance to
the State for recurrent expenditure for a program year in respect of the
teaching of community languages:
(a) at or in connection with a non-government school or non-government
schools in the State; or
(b) at or in connection with schools in an approved school system in the
State.
Note 1: Certain amounts paid to a State under
section 77 are taken to be paid under this section.
(1) The Minister must make and keep a written list of the languages that
the Minister considers should be priority languages for the purposes of this
Act.
(2) As soon as practicable after a change is made to the list, the
Minister must send a copy of the list as changed to each State
Minister.
Subject to section 66, the Minister may make a determination
authorising the making of payments to a State by way of financial assistance to
the State for expenditure for a program year on the teaching of priority
languages at or in connection with government schools or government educational
institutions in the State.
Note
1: Certain amounts paid to a State under section 77 are taken to be paid
under this section.
(1) Subject to section 66, the Minister may make a determination
authorising the making of payments to a State by way of financial assistance to
the State for expenditure for a program year of an approved school system in the
State on the teaching of priority languages at or in connection with the schools
in the school system.
(2) Subject to section 66, the Minister may make a determination
authorising the making of payments to a State by way of financial assistance to
the State for expenditure in the State for a program year on the teaching of
priority languages at or in connection with:
(a) a non-government school; or
(b) non-government schools within an aggregation of non-government
schools.
Note 1: Certain amounts paid to a State under
section 77 are taken to be paid under this section.
(1) Subject
to subsection (2), if, in respect of a program year, the Minister has made
a determination under a broadbanded section authorising the making of payments
to a State by way of financial assistance for the expenditure of the State in
respect of the program year under that section, the State may apply some or all
of the money paid to the State under another broadbanded section in respect of
the same program year to the State’s expenditure on matters of the kind
set out in the first-mentioned broadbanded section.
(2) Money applied by a State as set out in this section is taken to have
been applied by the State out of amounts paid to it under the broadbanded
section under which the money was eventually applied.
(3) This section has effect despite:
(a) any other provision of this Act; or
(b) anything in any agreement dealing with a grant of financial assistance
made to a State under a broadbanded section.
(4) In this section:
broadbanded section means section 59 or 62.
(1) Subject to subsection (2), if, in respect of a program year, the
Minister has made a determination under a broadbanded section authorising the
making of payments to a State by way of financial assistance for the expenditure
for the program year under that section of:
(a) a non-government school in the State; or
(b) an aggregation of non-government schools in the State; or
(c) an approved school system in the State;
the relevant authority of the school, aggregation or system may apply some
or all of the money paid to the authority, as a result of the financial
assistance paid to the State for the authority under another broadbanded section
in respect of the same program year, to the authority’s expenditure on
matters of the kind set out in the first-mentioned broadbanded
section.
(2) Money applied by an authority as set out in this section is taken to
have been applied by the authority out of amounts paid to it by the State as a
result of the grant of financial assistance to the State for the authority under
the broadbanded section under which the money was eventually applied.
(3) This section has effect despite:
(a) any other provision of this Act; or
(b) anything in any agreement dealing with a grant of financial assistance
made to a State under a broadbanded section.
(4) In this section:
broadbanded section means section 60 or 63.
The
sum of the amounts paid to the States under this Part for a program year must
not be greater than the amount set out in Schedule 7 in relation to the program
year.
(1) The object of this Part is to make grants to meet special learning
needs of certain children and students.
(2) This object is given effect by:
(a) improving the education of children with disabilities and students
with disabilities by granting financial assistance to the States for the
provision of therapeutic and other essential services and the provision of
capital facilities; and
(b) helping government and non-government schools, at both primary and
secondary levels, to meet any additional operating expenses in respect of
students with disabilities; and
(c) helping with the provision of intensive teaching of the English
language to certain students who recently arrived in Australia; and
(d) helping schools and school communities to improve the educational
outcomes and opportunities of students who are educationally disadvantaged
because their geographical isolation restricts their access to social, cultural
and educational activities.
(1) Subject to subsection (3), the Minister may make a determination
authorising the making of payments to a State by way of financial assistance to
the State for a program year for recurrent expenditure in connection with
special education programs and special education activities provided in the
program year by government schools or government centres for children with
disabilities.
(2) In subsection (1):
recurrent expenditure in connection with special education programs
and special education activities includes recurrent expenditure on
integration activities, and expenditure on minor capital projects in connection
with integration activities, conducted:
(a) at government schools in the State; or
(b) at places of education approved by the Minister or the State Minister
for the purposes of the definition of integration activities in
Schedule 9;
where special education is provided at the schools or places by or on
behalf of the State.
(3) The sum of the amounts paid to the States under this section for a
program year must not be greater than the amount set out in column 2 of Schedule
8 in relation to the program year.
Note
1: Certain amounts paid to a State under section 77 are taken to be paid
under this section.
(1) The Minister may make a determination authorising the making of
payments to a State, by way of financial assistance to the State for a program
year for:
(a) recurrent expenditure in connection with special education programs
and special education activities provided at or in connection with
non-government schools in the State for children with disabilities; or
(b) capital expenditure in respect of eligible projects for non-government
schools in the State in connection with special education provided at or in
connection with the schools.
(2) In subsection (1):
eligible project means a project:
(a) the total cost of which is $30,000 or more; and
(b) which has been approved by the Minister under
subsection (3).
recurrent expenditure in connection with special education programs
and special education activities includes recurrent expenditure on
integration activities, and expenditure on minor capital projects in connection
with integration activities, conducted:
(a) at non-government schools in the State; or
(b) at places of education approved by the Minister or the State Minister
for the purposes of the definition of integration activities in
Schedule 9;
where special education is provided at the schools or places by nominated
authorities or approved authorities.
(3) The Minister may make a determination approving a project for the
purposes of the definition of eligible project in
subsection (2) and, if the Minister does so, the Minister must, in the
determination, also:
(a) state the total amount that may be spent on the project for a
particular program year or program years; and
(b) name the school to which the approval relates.
(4) The sum of the amounts paid to the States under this section for a
program year must not be greater than the amount set out in column 3 of Schedule
8 in relation to the program year.
(a) the Minister has made a determination under this section authorising
the making of payments to a State, by way of financial assistance, for capital
expenditure for a particular program year or program years on an eligible
project for the year or years concerned in respect of a nominated authority or
in respect of the approved authority of an approved school system; and
(b) a payment has been made by the authority to the school that it
represents in respect of the project;
the financial assistance payable to the State under the Minister’s
determination under subsection (1) in respect of that project must be so
paid.
Note
1: Certain amounts paid to a State under section 77 are taken to be paid
under this section.
(1) The Minister may make a determination authorising the payment to a
State, by way of financial assistance to the State for recurrent expenditure of
government schools in the State for a program year, of an amount that is not
greater than the amount worked out using the following formula:
(2) In the formula in subsection (1):
number of primary students with disabilities means the number
of students with disabilities (including the full-time equivalent of part-time
students with disabilities) receiving primary education at government schools in
the State on the schools census day for the State for the program
year.
number of secondary students with disabilities means the
number of students with disabilities (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.
(1) If:
(a) an amount is payable to a State for a program year under
section 47 in relation to the number of students receiving education at
systemic schools in an approved school system or at a non-systemic school;
and
(b) any of the students are students with disabilities; and
(c) the funding level of the system or of the non-systemic school is not
level 12;
the Minister may make a determination authorising the payment to the State
for the program year, for the approved authority of the system or the approved
authority of the non-systemic school, of an additional amount equal to the sum
of the amounts worked out using the following formulas:
(2) For the purposes of the formulas in subsection (1):
number of primary students with disabilities means the number
of primary students (including the full-time equivalent of part-time students)
in the system or at the school, as the case may be, who are students with
disabilities.
primary student means a student receiving primary education
at a systemic school in the system or at the school, as the case may be, on the
schools census day for the State for the program year.
funding level 12 primary amount means the amount payable to
the State for the program year under section 47 for a primary student
receiving education at a systemic school in an approved school system, or at a
non-systemic school, for which the funding level of the system or of the
non-systemic school is level 12.
actual primary amount means the amount payable to the State
for the program year under section 47, for a primary student, for the
approved school system or the non-systemic school referred to in
paragraph (1)(a).
number of secondary students with disabilities means the
number of secondary students (including the full-time equivalent of part-time
students) in the system or at the school, as the case may be, who are students
with disabilities.
secondary student means a student receiving secondary
education at a systemic school in the system or at the school, as the case may
be, on the schools census day for the State for the program year.
funding level 12 secondary amount means the amount payable to
the State for the program year under section 47 for a secondary student
receiving education at a systemic school in an approved school system, or at a
non-systemic school, for which the funding level of the system or of the
non-systemic school is level 12.
actual secondary amount means the amount payable to the State
for the program year under section 47, for a secondary student, for the
approved school system or the non-systemic school referred to in
paragraph (1)(a).
(1) Subject to subsection (4), the Minister may make a determination
authorising the making of payments to a State, by way of financial assistance to
the State for a program year for:
(a) recurrent expenditure in connection with special education (including
recurrent expenditure on integration activities), and expenditure on minor
capital projects in connection with integration activities, provided at
non-government centres in the State for children with disabilities, children in
residential care and students with disabilities; or
(b) capital expenditure in respect of projects approved under
subsection (2) for non-government centres in the State for the benefit of
children with disabilities or students with disabilities.
(2) The Minister may make a determination for a program year approving, in
respect of a State, a capital project in connection with a non-government centre
in the State for the benefit of children with disabilities or students with
disabilities.
(3) In a determination under subsection (2), the Minister must
also:
(a) approve the amount to be paid for the project, or for the project for
a particular program year or program years; and
(b) name the centre to which the approval relates.
(4) The sum of the amounts paid to the States under this section for a
program year must not be greater than the amount set out in column 4 of Schedule
8 in relation to the program year.
(5) If:
(a) the Minister has made a determination under subsection (1)
authorising the making of payments to a State, by way of financial assistance,
for expenditure for a particular program year or program years on a capital
project approved for the year or years concerned in respect of a nominated
authority or in respect of the approved authority of an approved school system;
and
(b) a payment has been made by the authority to the school that it
represents in respect of the project;
the financial assistance payable to the State under the Minister’s
determination under subsection (1) in respect of that project must be so
paid.
Note
1: Certain amounts paid to a State under section 77 are taken to be paid
under this section.
(1) Subject to subsection (2), the Minister may make a determination
authorising the making of payments to a State, by way of financial assistance to
the State, for recurrent expenditure during a program year in connection with
providing education in English as a second language for eligible new arrivals
enrolled in ESL courses beginning or continuing in the program year and provided
at or in connection with government schools in the State.
(2) The total amount paid to a State under subsection (1) for a
program year must not be greater 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 provided as
mentioned in subsection (1).
(1) Subject to subsection (2), the Minister may make a determination
authorising the making of payments to a State, by way of financial assistance to
the State, for recurrent expenditure during a program year in connection with
providing education in English as a second language for eligible new arrivals
enrolled in ESL courses beginning or continuing in the program year and provided
at or in connection with a non-government school or non-government
schools.
(2) The total amount paid to a State under subsection (1) for a
program year must not be greater 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 as mentioned
in subsection (1).
(1) Subject to subsection (2), the Minister may make a determination
authorising the making of payments to a State, by way of financial assistance to
the State for recurrent expenditure, or for expenditure on minor capital
projects, for a program year in connection with the education of students in
government schools in country areas.
(2) The sum of the amounts paid to the States under this section for a
program year must not be greater than the amount set out in column 5 of Schedule
8 in relation to the program year.
Note
1: Certain amounts paid to a State under section 77 are taken to be paid
under this section.
(1) Subject to subsection (2), the Minister may make a determination
authorising the making of payments to a State, by way of financial assistance to
the State for recurrent expenditure, or for expenditure on minor capital
projects, for a program year in connection with the education of students in
non-government schools in country areas.
(2) The sum of the amounts paid to the States under this section for a
program year must not be greater than the amount set out in column 6 of Schedule
8 in relation to the program year.
Note 1: Certain amounts paid to a State under
section 77 are taken to be paid under this section.
(1) The Minister may approve, for the purposes of this section, a project
that is to be carried out in Australia if the sole or principal object of the
project is to provide support for a purpose for which financial assistance is
granted under section 52, 53, 59, 60, 62, 63, 68, 69, 72, 75 or 76.
(2) Subject to subsections (3) and (4), the Minister may make a
determination authorising the payment to a State for a program year of an amount
by way of financial assistance to the State for expenditure on a project
approved under subsection (1):
(a) whether the project is conducted by the State or by a non-government
body established in the State; and
(b) whether the project is conducted within, or outside, or within and
outside, the State.
(3) Any amount paid to a State under this section for a program year in
respect of a project whose sole or principal object is to provide support for a
purpose for which financial assistance is granted under a section referred to in
subsection (1) is taken to be an amount paid to the State for the program year
under that section.
(4) The sum of amounts paid under this section for a program year in
connection with a purpose for which financial assistance is granted under a
section referred to in subsection (1) must not exceed 10% of the amount
available for the program year under the section concerned.
(1) The regulations may state for a program year:
(a) a number, determined after considering changes in the amount known as
Average Government School Costs published from time to time by the Ministerial
Council for Education, Employment, Training and Youth Affairs, to be used for
the variation, in accordance with this section, of amounts of recurrent grants
set out in the Schedules in relation to that year; and
(b) a number, determined after considering changes in the Building Price
Index published from time to time by the Australian Statistician, to be used for
the variation, in accordance with this section, of amounts of capital grants set
out in the Schedules in relation to that year.
(2) If a number (the stated recurrent number) is stated in
regulations made for the purposes of paragraph (1)(a) in relation to
recurrent grants under this Act for a particular program year, each of the
following amounts (a stated recurrent amount):
(a) an amount that:
(i) immediately before the regulations came into force was set out in a
Schedule in relation to the program year; and
(ii) is declared by subsection (6) to be an amount relating to
recurrent grants;
(b) an amount set out in the formula in subsection 70(1);
(c) the amount set out in the formula in subsection 73(2);
(d) the amount set out in the formula in subsection 74(2);
is taken to be replaced by the amount worked out using the
formula:
(3) If a number (the stated capital number) is stated in
regulations made for the purposes of paragraph (1)(b) in relation to
capital grants under this Act for a particular program year, each amount (a
stated capital amount) that:
(a) immediately before the regulations came into force was set out in a
Schedule in relation to the program year; and
(b) is declared by subsection (6) to be an amount relating to capital
grants;
is taken to be replaced by the amount worked out using the
formula:
(4) For the purposes of the application of this section in relation to a
program year at the time immediately before regulations made for the purposes of
paragraphs (1)(a) and (b) for the program year came into force, the amount (the
nominal amount) set out in column 3 of Schedule 8 in relation to
the program year is taken to consist of 2 separate amounts as follows:
(a) a recurrent amount that is the amount remaining after
deducting the capital amount from the nominal amount; and
(b) a capital amount that is equal to the sum of the amounts
stated in determinations made by the Minister under subsection 69(3) in
respect of the program year;
and the recurrent amount and the capital amount are taken to be set out in
that column in lieu of the nominal amount.
(5) For the purposes of the application of this section in relation to a
program year at the time immediately before regulations made for the purposes of
paragraphs (1)(a) and (b) for the program year came into force, the amount (the
nominal amount) set out in column 4 of Schedule 8 in relation to
the program year is taken to consist of 2 separate amounts as follows:
(a) a recurrent amount that is the amount remaining after
deducting the capital amount from the nominal amount; and
(b) a capital amount that is equal to the sum of the amounts
stated in determinations made by the Minister under subsection 72(2) in
respect of the program year;
and the recurrent amount and the capital amount are taken to be set out in
that column in lieu of the nominal amount.
(6) For the purposes of this section:
(a) the amounts set out in Schedules 1, 3, 5, 6 and 7 and in columns 2, 5
and 6 of Schedule 8 and the recurrent amounts referred to in
subsections (4) and (5) are declared to be amounts relating to recurrent
grants; and
(b) the amounts set out in Schedules 2 and 4 and the capital amounts
referred to in subsections (4) and (5) are declared to be amounts relating
to capital grants.
(7) Except where subsection (8) applies, if an amount worked out
under subsection (2) or (3) is not a multiple of $1,000, the amount is to
be rounded to the nearest $1,000 (rounding $500 upwards).
(8) If:
(a) a stated recurrent amount is an amount set out in Schedule 1 or 3 or
in the formula in subsection 70(1), subsection 73(2) or
subsection 74(2); and
(b) the amount worked out under subsection (2) by reference to that
stated recurrent amount is an amount of dollars and cents;
the amount referred to in paragraph (b) is to be rounded to the next
highest dollar.
(1) Subject to subsection (2), the Minister may make a determination
during a program year varying some or all of the amounts set out in columns 2, 3
and 4 in Schedule 8 in relation to the program year.
(2) The Minister must not vary under subsection (1) amounts in columns 2,
3 and 4 in Schedule 8 in relation to a program year in such a way that, after
the variation, the total of the amounts in those columns would be greater or
less than the total of those amounts before the variation.
(3) As soon as practicable after making a determination under this
section, the Minister must:
(a) send a copy of the determination to the relevant State Ministers;
and
(b) cause a copy of the determination to be laid before each House of the
Parliament.
(1) Financial assistance payable 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:
(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) If:
(a) a statement made by any person to the Minister, to an officer of the
Department, or to a block grant authority or a person employed by or acting on
behalf of such an authority, for the purposes of this Act, the former Act or the
1988 Act relating to the grant of financial assistance for schools, hostels or
other bodies involved in primary education or secondary education, or for the
purposes of an agreement under such an Act, is false or misleading in a material
particular; and
(b) in reliance on the statement, a payment has been made to a State under
a provision of this Act 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;
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 the case may
be, in a particular program year or during 2 or more program years, by the
amount of the excess.
(2) If:
(a) a statement made to the Minister or to an officer of the Department
for the purposes of this Act, the former Act or the 1988 Act relating to the
grant of financial assistance for schools or other bodies involved in primary
education or secondary education, or for the purposes of the making of an
agreement under such an Act, by the approved authority of a non-systemic school,
or of an approved school system, is false or misleading in a material
particular; and
(b) as a result of the statement, the school or the system obtains, for
the purpose of meeting recurrent expenditure, a higher funding level than, in
the Minister’s opinion, the school or system may have obtained if the
statement had not been made;
the Minister may make a determination varying the list by setting out a
different funding level of the school or system.
(3) A determination under this section may be expressed to have taken
effect from a day before the day on which the determination was made.
An amount payable by a State to the Commonwealth under this Act is a debt
due by the State to the Commonwealth.
The Minister may make advances to a State, by way of financial assistance
to the State on account of an amount that is expected to become payable under
this Act to the State, and any conditions that would apply to the payment apply
to any such advance.
Payments to a State under this Act may be made:
(a) in respect of payments under section 46 or 49 or
paragraph 69(1)(b) or 72(1)(b) and advances under section 83 on
account of payments of that kind—out of the Consolidated Revenue Fund or
the Loan Fund; or
(b) otherwise—out of the Consolidated Revenue Fund.
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 the
total of which is not greater than the sum of the amounts that may become
payable to the States under sections 46 and 49 and paragraphs 69(1)(b) and
72(1)(b) of this Act.
Money borrowed under section 85 is to be applied only for the
expenses of borrowing and for:
(a) making payments to the States under section 46 or 49 or
paragraph 69(1)(b) or 72(1)(b); and
(b) making advances under section 83 on account of payments of that
kind; and
(c) making payments to the Consolidated Revenue Fund in accordance with
section 87.
(1) If a payment under section 46 or 49 or paragraph 69(1)(b) or
72(1)(b), or an advance under section 83 on account of a payment of that
kind, has been made out of the Consolidated Revenue Fund, the Minister for
Finance may authorise the payment to the Consolidated Revenue Fund, out of the
Loan Fund, of an amount not greater than the amount so paid.
(2) In any statement prepared by the Minister for Finance under
section 50 of the Audit Act 1901, amounts paid to the Consolidated
Revenue Fund under subsection (1) of this section are not to be shown as
receipts of that Fund but are to be shown as having reduced the total of the
amounts paid out of that Fund under this Act.
The Consolidated Revenue Fund and Loan Fund are appropriated as necessary
for the purposes of this Act.
(1) The Minister may, by signed writing, delegate to an officer of the
Department all or any of the Minister’s powers and functions under this
Act or under an agreement made pursuant to this Act.
(2) The Minister may, by signed writing, delegate to a block grant
authority all or any of the Minister’s powers under subsection 48(1)
in relation to projects administered by the block grant authority.
(1) In this section:
program year means the calendar year ending on 31 December
1997 or any of the following 6 calendar years.
(2) The Minister must, as soon as practicable after 30 June following a
program year, cause a report with respect to:
(a) approvals given under this Act in the program year to grants for
capital projects; and
(b) financial assistance granted in the program year under this Act
(otherwise than in respect of capital projects); and
(c) the application of the financial assistance granted in the program
year under this Act (including financial assistance by way of capital
grants);
to be laid before each House of the Parliament.
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.
(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 made by the relevant Minister for the purposes of
paragraph (a) of the definition of approved authority in
section 3 of the former Act and in force immediately before the commencing
day is taken to be a determination made by the Minister for the purposes of
paragraph (a) of the definition of that expression in Schedule 9 to this
Act.
A determination made by the relevant Minister under subsection 51(1)
of the former Act and in force immediately before the commencing day is taken to
be a determination made by the Minister for the purposes of the definition of
block grant authority in Schedule 9 to this Act.
An approval given by the relevant Minister or the appropriate State
Minister for the purposes of the definition of integration
activities in section 3 of the former Act and in force immediately
before the commencing day is taken to be an approval given by the Minister or
the State Minister, as the case may be, for the purposes of paragraph (b)
of the definition of that expression in Schedule 9 to this Act.
An approval given by the relevant Minister for the purposes of the
definition of minor capital project in section 3 of the
former Act and in force immediately before the commencing day is taken to be an
approval given by the Minister for the purposes of the definition of that
expression in Schedule 9 to this Act.
A nomination of a body made by:
(a) an aggregation of non-government schools; or
(b) an aggregation of non-systemic schools;
under a provision of the former Act and in force immediately before the
commencing day is taken to be a nomination made under section 5 of this Act
for the purposes of the corresponding provision of this Act.
A determination made by the relevant Minister under section 9 of the
former Act and in force immediately before the commencing day is taken to be a
determination made by the Minister under section 4 of this Act.
The list (the previous list) of non-government schools that
was kept by the relevant Minister immediately before the commencing day under
subsection 17(1) of the former Act (apart from any matters included in that
list because of paragraphs 17(3)(g), (h) and (j) of that Act) is taken to be the
list kept by the Minister under subsection 24(1) of this Act.
The list of approved school systems (the previous list of approved
school systems) that was kept by the relevant Minister immediately
before the commencing day under subsection 19(1) of the former Act is taken
to be the list of approved school systems kept by the Minister under
subsection 26(1) of this Act.
(1) If:
(a) the Minister has, before the commencing day, carried out a review of
the funding levels of non-systemic schools; and
(b) as a result of the review the Minister decided that the funding level
of a non-systemic school that is included in the list because of section 99
should be a different funding level (the new funding level) from
the funding level of that school that was set out in the previous list referred
to in that section;
the Minister may vary the list by setting out for that school, with effect
on and from the commencing day, the new funding level as the funding level of
that school in lieu of the funding level that, apart from this section, would be
set out in the list for that school.
(2) If:
(a) the Minister has, before the commencing day, carried out a review of
the funding levels of approved school systems; and
(b) as a result of the review the Minister decided that the funding level
of an approved school system that is included in the list of approved school
systems because of section 100 should be a different funding level (the
new funding level) from the funding level of that system that was
set out in the previous list of approved school systems referred to in that
section;
the Minister may vary the list of approved school systems by setting out
for that system, with effect on and from the commencing day, the new funding
level as the funding level of that system in lieu of the funding level that,
apart from this section, would be set out in the list of approved school systems
for that system.
(3) If, as a result of a variation made by the Minister under
subsection (1) or (2) or section 103 in respect of a non-systemic
school or an approved school system, the amount that, apart from this
subsection, would be the Part 1 amount applicable for the school or system under
section 47 for the 1997 program year is less than the amount (the
guaranteed amount) that would have been the Part 1 amount
applicable for the school or system under that section for that program year if
the variation had not been made, the Part 1 amount applicable for the school or
system under that section for the 1997 program year or any later program year is
to be:
(a) the amount that, apart from this subsection, would be the Part 1
amount applicable for the school or system under that section for the program
year concerned; or
(b) the guaranteed amount;
whichever is the greater.
(4) If, as a result of a variation made by the Minister under
subsection (1) or (2) or section 103 in respect of a non-systemic
school or an approved school system, the amount that, apart from this
subsection, would be the Part 2 amount applicable for the school or system under
section 47 for the 1997 program year is less than the amount (the
guaranteed amount) that would have been the Part 2 amount
applicable for the school or system under that section for that program year if
the variation had not been made, the Part 2 amount applicable for the school or
system under that section for the 1997 program year or any later program year is
to be:
(a) the amount that, apart from this subsection, would be the Part 2
amount applicable for the school or system under that section for the program
year concerned; or
(b) the guaranteed amount;
whichever is the greater.
The list of languages made by the relevant Minister under
subsection 85(1) of the former Act that was in existence immediately before
the commencing day is taken to be a list made by the Minister under
subsection 61(1) of this Act.
(1) If:
(a) in making a determination under subsection 32(1) of the former
Act in relation to a non-systemic school, the Minister was required to comply
with subsection 32(2) of that Act (whether or not the funding level of the
school was afterwards reassessed under section 33 of that Act);
or
(b) in making a determination under subsection 8(14) of the 1988 Act
in relation to a non-systemic school, the Minister was required to comply with
subsection 8(15) of that Act;
the Minister may make, under this section, one further determination of the
funding level of the school having regard to the need of the school for
financial assistance.
(2) A determination under subsection (1) may be expressed to have
taken effect from a day earlier than the day on which the determination is made
but not earlier than the commencing day.
(3) If the funding level of a school is altered as a result of a
determination under subsection (1), the Minister must vary the list to set
out for the school the funding level as so altered.
|
Column 1 |
Column 2 |
Column 3 |
Column 4 |
|---|---|---|---|
|
352 |
352 |
352 |
352 |
|
Column 1 |
Column 2 |
Column 3 |
Column 4 |
|---|---|---|---|
|
520 |
520 |
520 |
520 |
|
Column 1 |
Column 2 |
|---|---|
|
1997 |
211,138,000 |
Note 1: Amounts for program years 2001, 2002 and 2003 will
be inserted by later amending Acts
|
Column 1 |
Column 2 |
Column 3 |
Column 4 |
Column 5 |
|---|---|---|---|---|
|
1 |
466 |
466 |
466 |
466 |
|
Column 1 |
Column 2 |
Column 3 |
Column 4 |
Column 5 |
|---|---|---|---|---|
|
1 |
740 |
740 |
740 |
740 |
|
Column 1 |
Column 2 |
|---|---|
|
1997 |
83,006,000 |
Note 1: Amounts for program years 2001, 2002 and 2003 will
be inserted by later amending Acts
|
Column 1 |
Column 2 |
Column 3 |
Column 4 |
|---|---|---|---|
|
547,000 |
547,000 |
547,000 |
547,000 |
|
Column 1 |
Column 2 |
Column 3 |
Column 4 |
|---|---|---|---|
|
1997 1998 1999 2000 |
110,320,000 109,541,000 108,763,000 100,580,000 |
36,767,000 37,546,000 38,324,000 37,411,000 |
5,707,000 5,707,000 5,707,000 nil |
|
Column 1 |
Column 2 |
Column 3 |
Column 4 |
|---|---|---|---|
|
43,750,000 |
32,901,000 |
15,407,000 |
15,407,000 |
|
Column 1 |
Column 2 |
Column 3 |
Column 4 |
Column 5 |
Column 6 |
|---|---|---|---|---|---|
|
1997 1998 1999 2000 |
33,356,000 33,356,000 33,356,000 33,356,000 |
25,632,000 25,632,000 25,632,000 25,632,000 |
21,850,000 21,850,000 21,850,000 21,850,000 |
13,779,000 13,779,000 13,779,000 13,779,000 |
2,005,000 2,005,000 2,005,000 2,005,000 |
approved authority means:
(a) for the purposes of a provision of this Act (other than a provision
referred to in paragraph (b)), that relates to an approved school system, a
non-systemic school, a non-government school, a non-government centre, a
non-government rural student hostel or another non-government body—the
body that the Minister determines to be the approved authority of that school
system, of that school, of that centre, of that hostel or of that other
non-government body, as the case may be, for the purposes of the provision;
or
(b) for the purposes of a provision of Division 3 of Part 4 that relates
to a new school proposal:
(i) if the school is to be included in an approved school system—the
body that, under paragraph (a) is the approved authority of that system;
or
(ii) otherwise—the body principally responsible for the
school.
approved school system means a school system that is included
in the list of approved school systems kept under section 26.
authorised person, in relation to 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.
block grant authority means a body corporate that the
Minister determines to be a block grant authority for the purposes of the making
of payments of capital grants to States under Division 2 of Part 6 in connection
with non-government schools or non-government rural student hostels.
body means any organisation or body, whether incorporated or
unincorporated, and includes an individual.
building includes part of a building.
capital project includes a project involving any one or more
of the following:
(a) investigation of the need for:
(i) schools, non-government centres, government rural student hostels or
non-government rural student hostels in particular areas; or
(ii) schools, non-government centres, government rural student hostels or
non-government rural student hostels of particular kinds in particular areas;
or
(iii) buildings, other facilities or equipment;
(b) the purchase of land, with or without buildings;
(c) planning for the erection, alteration, extension, demolition or
refurbishment of a building or other facilities;
(d) the development or preparation of land for building or other
purposes;
(e) the erection, alteration, extension, demolition or refurbishment of a
building or other facilities;
(f) the installation or upgrading of water, electricity or any other
services;
(g) the provision of equipment, including information technology
equipment;
(h) the provision of furniture or library materials or obtaining services
and goods for cataloguing a library;
(i) payment to a block grant authority for its administrative
expenses.
child with disabilities means a child in respect of whom a
disability assessment has been made and to whom either of the following
paragraphs applies:
(a) if the child has reached school age:
(i) enrolment at a school, at a government centre or at a non-government
centre is not appropriate because of his or her disabilities; or
(ii) although he or she is enrolled at a school, at a government centre or
at a non-government centre, he or she is unable, because of his or her
disabilities, to receive a substantial part of the benefits ordinarily available
to children enrolled at the school or centre; or
(b) if the child has not reached school age, it is likely that, upon his
or her reaching that age:
(i) enrolment at a school, at a government centre or at a non-government
centre would not be appropriate because of his or her disabilities; or
(ii) if he or she were enrolled at a school, at a government centre or at
a non-government centre, he or she would be unable, because of his or her
disabilities, to receive a substantial part of the benefits ordinarily available
to children enrolled at that school or centre.
children in residential care means children who:
(a) are separated from their families for welfare, rehabilitation,
corrective or medical purposes; and
(b) are living in establishments that provide programs that include one
or more of the following services:
(i) counselling;
(ii) education;
(iii) guidance;
(iv) another service similar to a service mentioned in
subparagraph (i), (ii) or (iii); and
(c) are participating in one or more of those programs.
commencing day means the day on which this Act
commenced.
community language means:
(a) a language of indigenous persons; or
(b) the first language of people who have migrated to Australia;
but does not include English.
disability assessment, in relation to 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:
(a) in respect of a child who has reached school age or a
student—satisfies the criteria for enrolment in special education
services, or special education programs, provided by the Government of the State
in which the child or student resides; or
(b) in respect of a child who has not reached school age—would
satisfy those criteria if the child had reached that age.
education in English as a second language for eligible new
arrivals, in relation to a program year, means education that is
provided for the purpose of teaching, by means of intensive instruction, the
English language to people who are eligible new arrivals in relation to the
program year.
eligible new arrival, in relation to a program year, means a
person:
(a) whose first language is a language other than English; and
(b) who is taken in relation to the program year, under criteria
determined by the Minister, to have newly arrived in Australia; and
(c) who is either:
(i) a permanent resident; or
(ii) taken, under criteria determined by the Minister, to be an eligible
person for the purposes of this subparagraph.
ESL course means a course designed to teach English as a
second language.
former Act means the States Grants (Primary and Secondary
Education Assistance) Act 1992.
funding level, in relation to a non-systemic school, or an
approved school system, for which financial assistance is provided under this
Act in a program year, means the level of assistance set out in column 1 of the
Part or each of the Parts of Schedule 3 that applies to the school or to the
system in the program year for the purpose of meeting recurrent
expenditure.
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 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;
and
(c) at which a priority language may be studied at secondary
level.
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.
indigenous person means a person who is:
(a) a person of the Aboriginal race of Australia; or
(b) a descendant of an indigenous inhabitant of the Torres Strait
Islands.
integration activities means activities designed to integrate
children with disabilities or students with disabilities into:
(a) schools; or
(b) other places of education approved by the Minister or the State
Minister for the purposes of this definition;
at which education is provided for children or students other than children
with disabilities or students with disabilities.
level of education has the meaning given by
section 4.
list means the list of non-government schools kept under
section 24.
minor capital project means a capital project of a kind
approved by the Minister.
nominated authority means a body nominated by an aggregation
of non-government schools for the purposes of the provision of this Act in which
the expression occurs.
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 or a non-government rural student hostel;
and
(b) for the purposes of grants under section 48 for projects in
connection with non-government rural student hostels, includes a local
government body.
non-government centre means a place in a State
that:
(a) provides special education; and
(b) is conducted by a non-government body; and
(c) is not conducted for profit; and
(d) is not a school.
non-government rural student hostel means a hostel in a State
that is conducted by a non-government body and 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 hostel that is conducted for profit
or is conducted on behalf of the Government of the State.
non-government school, in relation to a State, means a school
in the State that is not conducted by or on behalf of the Government of the
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 included in the list as a non-systemic school.
overseas student means a person who has a visa, or is
included in a visa, issued under regulations under the Migration Act 1958
that permits the person to travel to Australia for the purpose of undertaking a
course provided by an institution or other body or person in Australia, 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.
permanent resident means:
(a) an Australian citizen; or
(b) a person who holds an entry permit (other than a temporary entry
permit) in force under the Migration Act 1958; or
(c) a person who 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.
priority language means a language included in the list kept
under subsection 61(1).
program year:
(a) subject to paragraph (b), means the calendar year beginning on 1
January 1997 or any of the 3 following calendar years and, for the purposes of
any provision of this Act that relates to capital grants or any other provision
of this Act in its application to capital grants, includes the calendar year
beginning on 1 January 2001 and each of the 2 following calendar years;
and
(b) when immediately preceded or followed by figures referring to a
specific calendar year, means that calendar year.
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 Law; 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 Law; or
(c) is approved by the Minister to be a qualified accountant for the
purposes of this Act.
recurrent expenditure means expenditure relating to the
ongoing operating costs of schools.
relevant authority, in relation to a non-government body,
means:
(a) in respect of a payment for a capital project administered by a block
grant authority—the block grant authority; or
(b) otherwise—the approved authority or nominated authority for the
body.
relevant Minister, in relation to the former Act or a
provision of that Act, at a particular time, means (except in a reference to a
State Minister) the Minister who administered that Act or provision at that
time.
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, in relation to a school or schools, or an
approved school system, in a State and in relation to a program year,
means:
(a) in respect of a non-systemic school, or an approved school system, in
relation to which the Minister has, because of special circumstances, declared a
particular day in that year to be the schools census day for the State for that
year—the day so declared; or
(b) in respect of a non-systemic school, or an approved school system, to
which paragraph (a) does not apply and in relation to which the State
Minister and the Minister have agreed that a particular day in that year is to
be the schools census day for the State for that year—the day so agreed;
or
(c) otherwise—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.
secondary education means junior secondary education or
senior secondary education.
special education means education under special programs
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:
(a) the Australian Capital Territory; and
(b) the Northern Territory.
State Minister means:
(a) in relation to a State other than the Australian Capital Territory or
the Northern Territory—the Minister of the State who is responsible, or
primarily responsible, for the administration of matters relating to school
education in the State; or
(b) in relation to the Australian Capital Territory—the Minister of
the Australian Capital Territory who is responsible, or primarily responsible,
for the administration of matters relating to school education in the Australian
Capital Territory; or
(c) in relation to the Northern Territory—the Minister of the
Northern Territory who is responsible, or primarily responsible, for the
administration of matters relating to school education in the Northern
Territory.
student with disabilities means a student:
(a) who attends a government school, a government centre, a non-government
school 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 included in the list as a systemic school.
the 1988 Act means the States Grants (Schools Assistance)
Act 1988.
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