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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
Indigenous Education
(Supplementary Assistance) Amendment Bill
1996
No. ,
1996
(Employment, Education, Training and Youth
Affairs)
A Bill for an Act to amend the
Indigenous Education (Supplementary Assistance) Act 1989, and for related
purposes
Contents
A Bill for an Act to
amend the Indigenous Education (Supplementary
Assistance) Act 1989, and for related purposes
The Parliament of Australia enacts:
This Act may be cited as the Indigenous Education (Supplementary
Assistance) Amendment Act 1996.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Section 3
(definition of
Indigenous)
Repeal the definition, substitute:
Indigenous, in relation to a person, means:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of the indigenous inhabitants of the Torres Strait
Islands.
2 Section 3
Insert:
education provider means a person, institution or body
specified in section 9.
education sector means an education sector listed in column 1
of the per capita funding table.
funding year means the calendar year 1997 or any
subsequent calendar year.
government educational institution means:
(a) a government preschool; or
(b) a government school; or
(c) a government VET institution.
government school means a school that is conducted by or on
behalf of the government of a State or Territory.
government preschool means a preschool that is conducted by
or on behalf of the government of a State or Territory.
government VET institution means a VET institution that is
conducted by or on behalf of the government of a State or Territory.
NATSI preschool census week means the week during which the
National Aboriginal and Torres Strait Islander preschool census is taken on
behalf of the Commonwealth.
non-government preschool means an institution in a State or
Territory that:
(a) is licensed or registered as a preschool
by the appropriate State or Territory licensing or registration
authority; and
(b) is receiving or is eligible to receive funding from the State or
Territory for preschool education; and
(c) is not conducted for profit.
non-government school means a school in a State or Territory
that:
(a) is not conducted by or on behalf of the government of the State or
Territory; and
(b) is receiving or is eligible to receive funding under the States
Grants (Primary and Secondary Education Assistance) Act 1992 or the
successor Act; and
(c) is not conducted for profit.
non-government VET institution means a VET institution in a
State or Territory that is not conducted by or on behalf of the government of
the State or Territory.
non-remote, in relation to an institution, means an
institution that is not remote.
non-systemic school means a school that is included as a
non-systemic school in the list of non-government schools kept under:
(a) if the successor Act has not commenced—section 17 of the
States Grants (Primary and Secondary Education Assistance) Act 1992;
or
(b) if the successor Act has commenced—the provision of the
successor Act that is equivalent in substance to that section.
per capita funding table means the table in section
10A.
remote, in relation to an institution, means an institution
that is:
(a) on an island (other than Tasmania, Stradbroke Island, Kangaroo Island,
Rottnest Island or Phillip Island); or
(b) in a location from which one of the following is required in order to
reach a city with a population of 50,000 or more:
(i) a journey by road of more than 300 kilometres;
(ii) a journey by air;
(iii) a journey by water; or
(c) in a community of Indigenous people that has developed as a result of
decisions of those people to return to live on land with which they identify;
or
(d) situated in a township or settlement that is culturally distinct
because it is occupied by Indigenous people and managed by a council constituted
by Indigenous people.
schools census day, in relation to a year, is the day that is
schools census day in the year under:
(a) if the successor Act has not commenced—the States Grants
(Primary and Secondary Education Assistance) Act 1992; or
(b) if the successor Act has commenced—that Act.
successor Act means the Act:
(a) which applies to a period beginning immediately after the end of the
period covered by the States Grants (Primary and Secondary Education
Assistance) Act 1992; and
(b) whose purposes are similar to the purposes of that Act.
systemic school means a school that is included as a systemic
school in the list of non-government schools kept under:
(a) if the successor Act has not commenced—section 17 of the
States Grants (Primary and Secondary Education Assistance) Act 1992;
or
(b) if the successor Act has commenced—the provision of the
successor Act that is equivalent in substance to that section.
systemic school system means a school system that is included
in the list of approved school systems kept under:
(a) if the successor Act has not commenced—section 19 of the
States Grants (Primary and Secondary Education Assistance) Act 1992;
or
(b) if the successor Act has commenced—the provision of the
successor Act that is equivalent in substance to that section.
Territory means the Australian Capital Territory or the
Northern Territory.
VET institution means an institution in a State or Territory
that:
(a) is registered as an institution providing vocational education and
training by the appropriate State or Territory authority; and
(b) is receiving or is eligible to receive funding from the appropriate
State or Territory authority; and
(c) provides courses that are accredited under State or Territory
requirements for the accreditation of vocational education and training courses;
and
(d) is not conducted for profit.
3 Subparagraph 4(c)(ii)
Repeal the subparagraph, substitute:
(ii) as special teachers of the culture, history, contemporary society and
languages of Indigenous people;
Note: The heading to section 4 is replaced by the heading
“Object of Act—increasing involvement of Indigenous people in
educational decisions”.
4 Paragraph 4(e)
Omit “Indigenous communities”, substitute “communities of
Indigenous people”.
5 Paragraph 7(e)
Omit “Indigenous languages”, substitute “the languages of
Indigenous people”.
Note: The heading to section 7 is altered by omitting
“Aboriginals” and substituting “Indigenous
people”.
6 Paragraph 7(h)
Omit “Indigenous history and culture and Indigenous identity”,
substitute “the history, culture and identity of Indigenous
people”.
7 Paragraph 7(j)
Omit “traditional and contemporary Indigenous culture”,
substitute “the traditional and contemporary culture of Indigenous
people”.
8 After section 7
Insert in Part 1:
It is an object of this Act to encourage the development of education
services that are culturally appropriate for Indigenous people by:
(a) the development of curricula that are suited to:
(i) the education of Indigenous students; and
(ii) the training of professional educators (including administrators,
teachers, teaching assistants, researchers, student services officers,
curriculum advisers and community liaison officers) who are involved in the
education of Indigenous students; and
(b) the development of teaching methods and techniques that are
suited to the learning styles of Indigenous students; and
(c) the promotion of research to devise innovative methods to deliver
education services to Indigenous students; and
(d) the promotion of research to devise methods to eliminate barriers to
educational attainment encountered by Indigenous students; and
(e) the conduct of pilot studies to test the effectiveness of the methods
referred to in paragraphs (c) and (d).
9 Part 2 (heading)
Repeal the heading, substitute:
10 After the heading to Part
2
Insert:
11 Paragraph 9(a)
Repeal the paragraph, substitute:
(a) a State or Territory; or
12 After section 9
Insert:
(1) An agreement may provide for the payment of money in the form of
either, or both, of the following:
(a) funding for supplementary recurrent expenditure;
(b) funding for a particular project.
(2) If the agreement provides for the payment of money for supplementary
recurrent expenditure, the amount of the payment is worked out under Division
2.
13 Paragraphs 10(2)(b) and
(c)
Omit “Aboriginals” (wherever occurring), substitute
“Indigenous people”.
14 After section 10
Insert in Part 2:
(1) The Minister may make an agreement authorising the payment to the
other party to the agreement of an amount for supplementary recurrent
expenditure for a funding year.
(2) The amount of the payment is worked out under sections 10B to 10F and
the following table:
|
Per capita funding table |
|||
|---|---|---|---|
|
Item |
Education |
Government |
Non-government |
|
1 |
Preschool (remote) |
600 |
2,000 |
|
3 |
Primary school (remote) |
600 |
2,000 |
|
5 |
Junior secondary (remote) |
800 |
3,000 |
|
7 |
Senior secondary (remote) |
1,000 |
3,300 |
|
9 |
VET institution (remote) |
1,000 |
3,300 |
(1) The Minister may authorise a payment for a funding year to an
education provider if:
(a) the education provider is a State or Territory; and
(b) there are Indigenous students enrolled for the year at government
educational institutions in the State or Territory.
(2) The amount of the payment that may be authorised under this section is
the sum of the per capita amounts worked out under subsections (3) and
(4) for the education sectors in which the State or Territory provides
education.
(3) The per capita amount for an education sector (other than a preschool
sector) is worked out using the formula:
where:
IS means the number of Indigenous students in the education
sector who are enrolled at government educational institutions in the State or
Territory for the funding year.
per capita amount means the amount specified for the
education sector in column 2 of the per capita funding table.
(4) The per capita amount for a preschool sector is worked out using the
formula:
where:
IS means the number of Indigenous students:
(a) enrolled at government preschools in the State or Territory;
and
(b) in respect of whom recurrent funds are made available by the
government of the State or Territory;
for the funding year.
per capita amount means the amount specified in column 2 of
the per capita funding table for a remote preschool or a non-remote preschool
(as the case requires).
(1) The Minister may authorise a payment for a funding year to an
education provider in a State or Territory if:
(a) the education provider conducts a systemic school system;
and
(b) there are Indigenous students enrolled for the year at one or more of
the system’s systemic schools or at a non-government preschool conducted
by the education provider in the State or Territory.
(2) The amount of the payment that may be authorised under this section is
the sum of the per capita amounts worked out under subsections (3) and (4) for
the education sectors in which the education provider provides education in the
State or Territory.
(3) The per capita amount for an education sector (other than a preschool
sector) is worked out using the formula:
where:
IS means the number of Indigenous students in the education
sector who are enrolled at the system’s systemic schools in the State or
Territory for the funding year.
per capita amount means the amount specified for the
education sector in column 3 of the per capita funding table.
(4) The per capita amount for a preschool sector is worked out using the
formula:
where:
IS means the number of Indigenous students:
(a) enrolled at non-government preschools conducted by the education
provider in the State or Territory; and
(b) in respect of whom recurrent funds are made available by the
government of the State or Territory;
for the funding year.
per capita amount means the amount specified in column 3 of
the per capita funding table for a remote preschool or a non-remote preschool
(as the case requires).
(1) The Minister may authorise a payment for a funding year to an
education provider if:
(a) the education provider conducts a non-systemic school; and
(b) there are Indigenous students enrolled for the year at the school;
and
(c) the number of those students:
(i) is 20 or more; and
(ii) is 10% or more of the total number of students enrolled for the year
at the school.
(2) The amount of the payment that may be authorised under this section is
the sum of the per capita amounts worked out under subsection (3) for each
education sector (other than the preschool sectors) in which the education
provider provides education at the school.
(3) The per capita amount for an education sector is worked out using the
formula:
where:
IS means the number of Indigenous students in the education
sector who are enrolled at the school for the funding year.
per capita amount means the amount specified for the
education sector in column 3 of the per capita funding table.
(1) The Minister may authorise a payment for a funding year to an
education provider if:
(a) the education provider conducts a non-government preschool (other than
a preschool to which section 10C applies); and
(b) there are Indigenous students enrolled for the year at the preschool;
and
(c) the number of those students:
(i) is 5 or more; and
(ii) is 10% or more of the total number of students enrolled for the year
at the preschool.
(2) The amount of the payment that may be authorised under this section is
worked out using the formula:
where:
IS means the number of Indigenous students:
(a) enrolled at the preschool; and
(b) in respect of whom recurrent funds are made available by the
government of the State or Territory;
for the funding year.
per capita amount means the amount specified in column 3 of
the per capita funding table for a remote preschool or a non-remote preschool
(as the case requires).
(1) The Minister may authorise a payment for a funding year to an
education provider if:
(a) the education provider conducts a non-government VET institution;
and
(b) there are Indigenous students enrolled for the year at the
institution; and
(c) the number of those students:
(i) is 20 or more; and
(ii) is 10% or more of the total number of students enrolled for the year
at the institution.
(2) The amount of the payment that may be authorised under this section is
worked out using the formula:
where:
IS means the number of Indigenous students enrolled at the
institution for the funding year.
per capita amount means the amount specified in column 3 of
the per capita funding table for a remote VET institution or a non-remote VET
institution (as the case requires).
(1) For the purposes of this Act, the number of students enrolled at a
preschool for a funding year is the number of students (worked out under this
section) enrolled at the preschool during the NATSI preschool census week in the
year.
(2) The number of students enrolled at a preschool during a particular
week is the sum of:
(a) the number of students enrolled at the preschool for 10 hours or more
per week during that week; and
(b) the number of full-time equivalent students enrolled at the preschool
during that week.
(3) The number of full-time equivalent students referred to in paragraph
(2)(b) is worked out using the following formula:
where:
part-time student hours means the total number of hours for
which part-time students are enrolled during the relevant week.
(4) In this section:
part-time student means a student who is enrolled at a
preschool for less than 10 hours per week.
For the purposes of this Act, the number of students enrolled at a school
for a funding year is the number of students (including full-time equivalent
students) enrolled at the school on schools census day in the year.
(1) For the purposes of this Act, the number of students enrolled at a VET
institution for a funding year is taken to be the same as the number of students
(worked out under this section) enrolled at the institution in the year
immediately before that year.
(2) The number of students enrolled at a VET institution in a particular
year is worked out using the formula:
where:
student contact hours means the total number of contact hours
for which students are enrolled in the year at the VET institution in courses
accredited under State or Territory requirements for the accreditation of
vocational education and training courses.
(3) The total number of contact hours referred to in
subsection (2) is worked out on the basis of the information in the national
vocational education and training data collection for the year.
The methods for determining student numbers
set out in sections 10G to 10J apply to determining numbers of Indigenous
students as well as to determining numbers of students in general.
15 Section 10A (in Part 3)
Renumber as section 11.
16 Subsection 13B(4)
Omit “$83,636,000”, substitute
“$91,486,000”.
Note: The heading to section 13B is altered by omitting
“1997” and substituting
“2000”.
17 Section 13B
Add at the end:
(5) $102,376,000 is appropriated out of the Consolidated Revenue Fund in
respect of the period that starts on 1 January 1997 and ends on 30 June 1998 for
the purpose of making permitted payments during that period.
(6) $114,360,000 is appropriated out of the Consolidated Revenue Fund in
respect of the period that starts on 1 January 1998 and ends on 30 June 1999 for
the purpose of making permitted payments during that period.
(7) $121,976,000 is appropriated out of the Consolidated Revenue Fund in
respect of the period that starts on 1 January 1999 and ends on 30 June 2000 for
the purpose of making permitted payments during that period.