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This is a Bill, not an Act. For current law, see the Acts databases.

SCHOOLS ASSISTANCE BILL 2008

2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Schools Assistance Bill 2008
No. , 2008
(Education, Employment and Workplace Relations)
A Bill for an Act to grant financial assistance for
non-government primary and secondary education
for 2009 to 2012, and for related purposes
i Schools Assistance Bill 2008 No. , 2008
Contents
Part 1--Preliminary
1
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Simplified outline of Act .................................................................... 2
Part 2--Interpretation
3
Division 1--Definitions
3
4
Definitions .......................................................................................... 3
Division 2--Other important concepts
12
5
Students receiving education at non-government schools ................ 12
6
Meaning of funding level .................................................................. 12
7
Levels of education........................................................................... 13
8
Meaning of schools census day ........................................................ 14
9
Meaning of school campus census day............................................. 14
10
Meaning of nominated authority ...................................................... 15
Part 3--Authorisation of financial assistance
16
Division 1--Simplified outline of Part
16
11
Simplified outline ............................................................................. 16
Division 2--Authorised financial assistance
18
12
Authorised financial assistance--funding agreements ..................... 18
13
Authorised financial assistance--schools must be approved ........... 18
14
Authorised financial assistance--State recognition of schools
etc...................................................................................................... 18
15
Authorised financial assistance--financial viability ........................ 19
Division 3--Funding agreements
21
Subdivision A--Purpose of grants
21
16
Funding agreements--purpose of grants .......................................... 21
Subdivision B--National school performance and trans parency
requirements
21
17
Funding agreements--national student assessments ........................ 21
18
Funding agreements--national reports on the outcomes of
schooling........................................................................................... 22
19
Funding agreements--individual school information ...................... 23
20
Funding agreements--reporting to parents etc................................. 24
21
Funding agreements--publication by schools of information
relating to schools ............................................................................. 24
22
Funding agreements--national curriculum ...................................... 25
Schools Assistance Bill 2008 No. , 2008 ii
Subdivision C--Grant acquittal and reporting requirements
25
23
Funding agreements--acquittal of grants ......................................... 25
24
Funding agreements--reports on programs and financial
operations.......................................................................................... 26
Subdivision D--Monitoring, evaluation and compliance
26
25
Funding agreements--monitoring .................................................... 26
26
Funding agreements--evaluation ..................................................... 27
27
Funding agreements--failure to comply .......................................... 28
28
Funding agreements--unauthorised amounts................................... 29
Subdivision E--Other provisions in funding agreements
29
29
Funding agreements--other provisions ............................................ 29
Division 4--Conditions applying to the States
30
30
Conditions applying to the States--payment of financial
assistance to non-government schools and bodies............................ 30
31
Conditions applying to the States--requirement to repay
amounts to Commonwealth .............................................................. 30
Division 5--Repayment of financial assistance
31
32
Repayment of financial assistance--relevant considerations ........... 31
33
Repayment of financial assistance--recovery from States as
debts .................................................................................................. 31
34
Repayment of financial assistance--failure by relevant
authorities to repay amounts ............................................................. 31
Part 4--Grants for recurrent expenditure
33
Division 1--Simplified outline of Part
33
35
Simplified outline ............................................................................. 33
Division 2--Average Government School Recurrent Costs
34
36
Average Government School Recurrent Costs--meaning of
AGSRC .............................................................................................. 34
37
Average Government School Recurrent Costs--rounding-up
per student funding amounts............................................................. 34
Division 3--Current SES funding
36
38
Current SES funding--scope............................................................ 36
39
Current SES funding--primary education funding
determination .................................................................................... 36
40
Current SES funding--primary education funding amounts............ 36
41
Current SES funding--secondary education funding
determination .................................................................................... 37
42
Current SES funding--secondary education funding
amounts............................................................................................. 37
iii Schools Assistance Bill 2008 No. , 2008
Division 4--Maintained funding
38
43
Maintained funding--scope.............................................................. 38
44
Maintained funding--determination ................................................ 40
45
Maintained funding--primary education funding amounts ............. 40
46
Maintained funding--secondary education funding amounts .......... 40
Division 5--Guaranteed year 2008 funding
42
47
Guaranteed year 2008 funding--scope ............................................ 42
48
Guaranteed year 2008 funding--primary education funding
determination .................................................................................... 43
49
Guaranteed year 2008 funding--primary education funding
amounts............................................................................................. 43
50
Guaranteed year 2008 funding--secondary education
funding determination....................................................................... 44
51
Guaranteed year 2008 funding--secondary education
funding amounts ............................................................................... 44
Division 6--Maximum SES funding
45
52
Maximum SES funding--scope ....................................................... 45
53
Maximum SES funding--meaning of majority Indigenous
student school ................................................................................... 45
54
Maximum SES funding--determination .......................................... 46
55
Maximum SES funding--primary education funding
amounts............................................................................................. 46
56
Maximum SES funding--secondary education funding
amounts............................................................................................. 46
Division 7--Distance education funding
48
57
Distance education funding--primary distance education
funding amounts ............................................................................... 48
58
Distance education funding--secondary distance education
funding amounts ............................................................................... 49
Division 8--Remoteness loading
50
59
Remoteness loading--scope ............................................................. 50
60
Remoteness loading--primary education funding
determination .................................................................................... 50
61
Remoteness loading--primary education funding amounts............. 51
62
Remoteness loading--secondary education funding
determination .................................................................................... 53
63
Remoteness loading--secondary education funding amounts ......... 53
Division 9--Indigenous supplementary assistance
56
64
Indigenous supplementary assistance--scope .................................. 56
65
Indigenous supplementary assistance--definitions .......................... 56
Schools Assistance Bill 2008 No. , 2008 iv
66
Indigenous supplementary assistance--primary education
funding determination....................................................................... 56
67
Indigenous supplementary assistance--primary education
funding amounts ............................................................................... 57
68
Indigenous supplementary assistance--secondary education
funding determination....................................................................... 58
69
Indigenous supplementary assistance--secondary education
funding amounts ............................................................................... 59
Division 10--Indigenous funding guarantee
61
70
Indigenous funding guarantee--funding determination ................... 61
71
Indigenous funding guarantee--funding amounts............................ 61
Division 11--SES scores
63
Subdivision A--Definition
63
72
SES scores--definition ..................................................................... 63
Subdivision B--S ES scores under former Act
63
73
SES scores--transitional determinations.......................................... 63
74
SES scores--transitional guidelines ................................................. 64
Subdivision C--Change of S ES score determinations
64
75
SES scores--determination of changes ............................................ 64
Subdivision D--S ES score changes on application by school
65
76
SES scores--change proposals......................................................... 65
77
SES scores--change applications..................................................... 65
78
SES scores--decisions on change proposals .................................... 65
79
SES scores--general prerequisites for change proposals ................. 66
80
SES scores--variation of determinations ......................................... 66
Subdivision E--Miscellaneous
67
81
SES scores--clerical or formal changes ........................................... 67
82
SES scores--notice of determinations.............................................. 67
Part 5--Grants for capital expenditure
68
83
Capital expenditure--definitions ...................................................... 68
84
Capital expenditure--funding determination ................................... 69
85
Capital expenditure--capital expenditure supplementation
number .............................................................................................. 70
Part 6--Grants for targeted expenditure
71
Division 1--Simplified outline of Part
71
86
Simplified outline ............................................................................. 71
Division 2--Short term emergency assistance
72
87
Short term emergency assistance--funding determination .............. 72
v Schools Assistance Bill 2008 No. , 2008
Division 3--Education in country areas
73
88
Education in country areas--funding determination ........................ 73
Division 4--Languages education
74
89
Languages education--improving learning outcomes ..................... 74
90
Languages education--national projects .......................................... 74
91
Languages education--grant amounts.............................................. 75
Division 5--Teaching English to new arrivals
76
92
Teaching English to new arrivals--definitions ................................ 76
93
Teaching English to new arrivals--funding determination.............. 77
94
Teaching English to new arrivals--eligible new arrivals
amounts............................................................................................. 78
95
Teaching English to new arrivals--eligible humanitarian
new arrivals amounts ........................................................................ 79
Division 6--Literacy, numeracy and special learning needs
81
96
Literacy, numeracy and special learning needs--students
with disabilities ................................................................................. 81
97
Literacy, numeracy and special learning needs--students
who are educationally disadvantaged ............................................... 82
98
Literacy, numeracy and special learning needs--school
grants amounts .................................................................................. 83
99
Literacy, numeracy and special learning needs--guarantee
amounts............................................................................................. 83
Division 7--Establishment assistance
84
100
Establishment assistance--funding determination ........................... 84
Division 8--Targeted expenditure supplementation number
85
101
Targeted expenditure supplementation number................................ 85
Part 7--Approved schools
86
Division 1--Simplified outline of Part
86
102
Simplified outline ............................................................................. 86
Division 2--Approved schools
87
103
Approved schools--definition.......................................................... 87
Division 3--Former listed schools
88
104
Former listed schools ........................................................................ 88
Division 4--Approved school determinations
89
Subdivision A--Scope of Division
89
105
Approved school determinations--new school proposals................ 89
Subdivision B--Applications
89
106
Approved school determinations--new school applications............ 89
Schools Assistance Bill 2008 No. , 2008 vi
107
Approved school determinations--decisions on new school
proposals ........................................................................................... 90
108
Approved school determinations--general prerequisites for
new school proposals ........................................................................ 90
109
Approved school determinations--prerequisites for new
school proposals applying in previous program years...................... 91
Subdivision C--Making approved school determinations
91
110
Approved school determinations--power to determine ................... 91
111
Approved school determinations--contents..................................... 92
Division 5--Changes to approved school determinations
93
Subdivision A--General provisions
93
112
Changes to approved school determinations--power to
determine .......................................................................................... 93
Subdivision B--End of State recog nition
93
113
Changes to approved school determinations--end of State
recognition ........................................................................................ 93
Subdivision C--Location changes
93
114
Changes to approved school determinations--location
change proposals............................................................................... 93
115
Changes to approved school determinations--location
change applications........................................................................... 94
116
Changes to approved school determinations--decisions on
location change proposals................................................................. 94
117
Changes to approved school determinations--general
prerequisites for location change proposals...................................... 95
118
Changes to approved school determinations--prerequisites
for location change proposals applying in previous program
years .................................................................................................. 95
119
Changes to approved school determinations--location
changes ............................................................................................. 95
Subdivision D--Miscellaneous
96
120
Changes to approved school determinations--clerical or
formal changes .................................................................................. 96
Division 6--Revoking approved school determinations
97
121
Revoking approved school determinations--power to
determine .......................................................................................... 97
122
Revoking approved school determinations--schools
ineligible for funding ........................................................................ 97
Division 7--Miscellaneous
98
123
Minister to give notice of determinations to approved
authorities ......................................................................................... 98
vii Schools Assistance Bill 2008 No. , 2008
124
Determinations may be given retrospective effect ........................... 98
125
Publication of list of funded schools ................................................ 98
Part 8--Approved school systems
99
Division 1--Simplified outline of Part
99
126
Simplified outline ............................................................................. 99
Division 2--Approved school systems
100
127
Approved school systems--definitions .......................................... 100
Division 3--Former approved school systems
101
128
Former approved school systems.................................................... 101
Division 4--Approved school system determinations
102
129
Approved school system determinations--power to
determine ........................................................................................ 102
130
Approved school system determinations--contents....................... 102
Division 5--Changes to approved school system determinations
103
Subdivision A--General provisions
103
131
Changes to approved school system determinations--power
to determine .................................................................................... 103
Subdivision B--New members of systems
103
132
Changes to approved school system determinations--new
member proposals ........................................................................... 103
133
Changes to approved school system determinations--new
member applications ....................................................................... 104
134
Changes to approved school system determinations--
decisions on new member proposals .............................................. 104
135
Changes to approved school system determinations--
prerequisites for new member proposals ........................................ 105
136
Changes to approved school system determinations--new
member changes ............................................................................. 105
Subdivision C--Ending membership
106
137
Changes to approved school system determinations--
proposals to end membership ......................................................... 106
138
Changes to approved school system determinations--
applications to end membership ..................................................... 106
139
Changes to approved school system determinations--
decisions on proposals to end membership .................................... 107
140
Changes to approved school system determinations--
prerequisites for proposals to end membership .............................. 107
141
Changes to approved school system determinations--ending
membership..................................................................................... 107
Subdivision D--Miscellaneous
108
Schools Assistance Bill 2008 No. , 2008 viii
142
Changes to approved school system determinations--clerical
or formal changes ........................................................................... 108
Division 6--Revoking approved school system determinations
109
143
Revoking approved school system determinations--power to
determine ........................................................................................ 109
144
Revoking approved school system determinations--systems
stopped existing .............................................................................. 109
Division 7--Miscellaneous
110
145
Minister to give notice of determinations to approved
authorities ....................................................................................... 110
146
Determinations may be given retrospective effect ......................... 110
147
Publication of list of approved school systems............................... 110
Part 9--Approved authorities
111
Division 1--Simplified outline of Part
111
148
Simplified outline ........................................................................... 111
Division 2--Approved authorities
112
149
Approved authorities--definition ................................................... 112
Division 3--Former approved authorities
113
150
Former approved authorities........................................................... 113
Division 4--Approved authority determinations
114
151
Approved authority determinations--power to determine ............. 114
Division 5--Changes to approved authority determinations
115
152
Changes to approved authority determinations--power to
determine ........................................................................................ 115
153
Changes to approved authority determinations--clerical or
formal changes ................................................................................ 115
Division 6--Revoking approved authority determinations
116
Subdivision A--General provisions
116
154
Revoking approved authority determinations--power to
determine ........................................................................................ 116
Subdivision B--Change of authorities
116
155
Revoking approved authority determinations--change of
authorities ....................................................................................... 116
156
Revoking approved authority determinations--change of
authority proposals.......................................................................... 117
157
Revoking approved authority determinations--decisions on
change of authority proposals ......................................................... 117
158
Revoking approved authority determinations--prerequisites
for change of authority proposals ................................................... 118
ix Schools Assistance Bill 2008 No. , 2008
159
Revoking approved authority determinations--change of
authority .......................................................................................... 118
Division 7--Miscellaneous
119
160
Minister to give notice of determinations to approved
authorities ....................................................................................... 119
161
Determinations may be given retrospective effect ......................... 119
Part 10--Miscellaneous
120
Division 1--Timing and amounts of financial assistance
120
162
Timing and amounts of financial assistance--general ................... 120
163
Timing and amounts of financial assistance--advances ................ 120
164
Timing and amounts of financial assistance--determinations ....... 120
Division 2--False or misleading statements
121
165
False or misleading statements--reduction of payments ............... 121
166
False or misleading statements--variation of SES score ............... 122
Division 3--Appropriation and borrowings
123
167
Appropriation.................................................................................. 123
168
Borrowings for capital expenditure ................................................ 123
Division 4--Administration
124
169
Administration--determinations and approvals ............................. 124
170
Administration--general power to vary or revoke
determinations and approvals ......................................................... 125
171
Administration--delegation ........................................................... 126
172
Administration--annual report by Minister ................................... 126
Division 5--Overseas students
127
173
Overseas students not covered........................................................ 127
Division 6--Regulations
129
174
Regulations ..................................................................................... 129
Schedule 1--Current SES funding level
130
Schools Assistance Bill 2008 No. , 2008 1
A Bill for an Act to grant financial assistance for
1
non-government primary and secondary education
2
for 2009 to 2012, and for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Schools Assistance Act 2008.
8
2 Commence ment
9
This Act commences on 1 January 2009.
10
Part 1 Preliminary
Section 3
2 Schools Assistance Bill 2008 No. , 2008
3 Simplified outline of Act
1
(1) This section is a simplified outline of this Act.
2
(2) Financial assistance may be paid to a State for, or in connection
3
with, non-government schools (or approved school systems) in the
4
State for the following:
5
(a) recurrent expenditure (see Part 4);
6
(b) capital expenditure (see Part 5);
7
(c) targeted expenditure (see Part 6).
8
(3) Financial assistance may be paid for the 2009 to 2012 program
9
years.
10
(4) Financial assistance for a non-government school, or another
11
non-government body, may only be paid if there is a funding
12
agreement with the relevant authority of the school or body that
13
sets out the requirements that must, under this Act, be included in
14
the agreement.
15
Note:
See Divisions 2 and 3 of Part 3.
16
(5) If a non-government school, or another non-government body,
17
breaches a funding agreement, the Minister may (under the
18
agreement) require the school or body to repay an amount to the
19
Commonwealth. The Minister may also reduce or delay the amount
20
of other payments for the school or body under this Act.
21
Note:
See section 27.
22
(6) If a State fails to pass on an amount of financial assistance to a
23
non-government school, or another non-government body, for
24
which financial assistance is granted under this Act, the Minister
25
may require the State to repay an amount to the Commonwealth.
26
Note:
See Division 4 of Part 3.
27
28
Interpretation Part 2
Definitions Division 1
Section 4
Schools Assistance Bill 2008 No. , 2008 3
1
Part 2--Interpretation
2
Division 1--Definitions
3
4 Definitions
4
In this Act:
5
1992 Act means the States Grants (Primary and Secondary
6
Education Assistance) Act 1992.
7
1996 Act means the States Grants (Primary and Secondary
8
Education Assistance) Act 1996.
9
2000 Act means the States Grants (Primary and Secondary
10
Education Assistance) Act 2000.
11
2008 funding level, for a school, for a particular level of education,
12
means the funding level that was used to work out the funding for
13
the school's recurrent expenditure for the 2008 program year, for
14
that level of education, under the former Act.
15
AGSRC (short for Average Government School Recurrent Costs)
16
has the meaning given by section 36.
17
amount includes a nil amount.
18
approved authority has the meaning given by section 149.
19
approved authority determination means a determination
20
(including a transitional approved authority determination) made
21
under section 151.
22
approved school has the meaning given by section 103.
23
approved school determination means a determination (including
24
a transitional approved school determination) made under
25
subsection 110(1).
26
approved school system has the meaning given by section 127.
27
Part 2 Interpretation
Division 1 Definitions
Section 4
4 Schools Assistance Bill 2008 No. , 2008
approved school system determination means a determination
1
(including a transitional approved school system determination)
2
made under subsection 129(1).
3
block grant authority has the meaning given by section 83.
4
body means any organisation or body, whether incorporated or not,
5
or an individual.
6
capital expenditure has a meaning affected by section 83.
7
capital expenditure supplementation number has the meaning
8
given by section 85.
9
current SES funding level, for a school with a particular SES
10
score, means the percentage of AGSRC specified in column 2 of
11
the table in Schedule 1 for that SES score.
12
disability assessment, for a student, means an assessment, by a
13
person with relevant qualifications, that:
14
(a) the student has one or more of the following impairments:
15
(i) an intellectual impairment;
16
(ii) a sensory impairment;
17
(iii) a physical impairment;
18
(iv) a social impairment;
19
(v) an emotional impairment; and
20
(b) the student has the impairment or impairments to a degree
21
that satisfies the criteria for eligibility to access special
22
education services, or special education programs, provided
23
by the Government of the State in which the student resides.
24
Education Assistance Act means this Act, the former Act, the 2000
25
Act, the 1996 Act or the 1992 Act.
26
eligible humanitarian new arrival has the meaning given by
27
section 92.
28
eligible new arrival has the meaning given by section 92.
29
former Act means the Schools Assistance (Learning Together--
30
Achievement Through Choice and Opportunity) Act 2004.
31
Interpretation Part 2
Definitions Division 1
Section 4
Schools Assistance Bill 2008 No. , 2008 5
former list of non-government schools means the list of
1
non-government schools kept under Division 2 of Part 3 of the
2
former Act.
3
funding agreement has the meaning given by section 12.
4
funding level, for a non-government school, for a particular level
5
of education, has the meaning given by section 6.
6
guaranteed funding level, for a non-government school, for a
7
particular level of education, means the school's 2008 funding
8
level for that level of education.
9
guarantee year, for a non-government school, means:
10
(a) if Subdivision C of Division 2 of Part 6 of the former Act
11
(current SES funding) was used to work out the funding for
12
the school's recurrent expenditure for the 2008 program year
13
under the former Act--the 2008 program year (under the
14
former Act); or
15
(b) if Subdivision F of Division 2 of Part 6 of the former Act
16
(guaranteed year 2004 funding) was used to work out the
17
funding for the school's recurrent expenditure for the 2008
18
program year under the former Act--the 2004 program year
19
(under the former Act).
20
guardian, in relation to a student, includes a person who has been
21
granted (whether alone or jointly with another person or other
22
persons) guardianship of the student under the law of the
23
Commonwealth or of a State or Territory.
24
Indigenous: a person is Indigenous if he or she is:
25
(a) a member of the Aboriginal race of Australia; or
26
(b) a descendant of an Indigenous inhabitant of the Torres Strait
27
Islands.
28
intensive ESL course has the meaning given by section 92.
29
Note:
ESL is short for English as a Second Language.
30
level of education means a level of primary education or secondary
31
education determined under section 7.
32
Part 2 Interpretation
Division 1 Definitions
Section 4
6 Schools Assistance Bill 2008 No. , 2008
maintained funding level, for a non-government school, for a
1
particular level of education, means the school's 2008 funding
2
level for that level of education.
3
majority Indigenous student school has the meaning given by
4
section 53.
5
maximum SES funded school has the meaning given by
6
section 52.
7
member, of an approved school system, has the meaning given by
8
section 127.
9
moderately accessible school campus: a school campus of a
10
non-government school is a moderately accessible school campus
11
for a program year if the school campus is, on either of the
12
following days, in a location categorised under the Remoteness
13
Structure as Outer Regional Australia:
14
(a) the school campus census day for the school campus in the
15
previous calendar year;
16
(b) the school campus census day for the school campus in the
17
program year.
18
nominated authority has the meaning given by section 10.
19
non-government body means a body that is not managed or
20
controlled by or on behalf of the Government of a State, including
21
the following:
22
(a) a non-government school (whether the school is a systemic
23
school or a non-systemic school);
24
(b) an approved school system.
25
non-government school means a school in a State:
26
(a) that is not conducted by or on behalf of the Government of a
27
State; and
28
(b) that is not conducted for profit.
29
non-remote school campus, of a school, means a school campus of
30
the school other than a remote school campus or a very remote
31
school campus.
32
Interpretation Part 2
Definitions Division 1
Section 4
Schools Assistance Bill 2008 No. , 2008 7
non-systemic school means a non-government school that is not a
1
systemic school.
2
number of Indigenous primary students, at a school campus for a
3
program year, has the meaning given by section 65.
4
number of Indigenous secondary students, at a school campus for
5
a program year, has the meaning given by section 65.
6
number of primary distance education students, for a
7
non-government school in a State for a program year, means the
8
number of students (including the full-time equivalent of part-time
9
students) receiving primary distance education at the school on the
10
schools census day for the school for the program year.
11
Note:
For when a student receives primary distance education at a
12
non-government school, see section 5.
13
number of primary students, for a non-government school in a
14
State for a program year, means the number of students (including
15
the full-time equivalent of part-time students) receiving primary
16
education at the school on the schools census day for the school for
17
the program year, but not including students receiving primary
18
distance education.
19
Note:
For when a student receives primary education, or primary distance
20
education, at a non-government school, see section 5.
21
number of secondary distance education students, for a
22
non-government school in a State for a program year, means the
23
number of students (including the full-time equivalent of part-time
24
students) receiving secondary distance education at the school on
25
the schools census day for the school for the program year.
26
Note:
For when a student receives secondary distance education at a
27
non-government school, see section 5.
28
number of secondary students, for a non-government school in a
29
State for a program year, means the number of students (including
30
the full-time equivalent of part-time students) receiving secondary
31
education at the school on the schools census day for the school for
32
the program year, but not including students receiving secondary
33
distance education.
34
Part 2 Interpretation
Division 1 Definitions
Section 4
8 Schools Assistance Bill 2008 No. , 2008
Note:
For when a student receives secondary education, or secondary
1
distance education, at a non-government school, see section 5.
2
overseas student has the meaning given by section 173.
3
person responsible, for a student, means:
4
(a) a parent of the student; or
5
(b) a guardian of the student; or
6
(c) any other person who has the care and control of the student.
7
primary education, at a school in a State, means education at the
8
school at the level of primary education determined for the State
9
under section 7.
10
program year means the 2009, 2010, 2011 or 2012 calendar year.
11
receives: a student receives primary education, secondary
12
education, primary distance education or secondary distance
13
education at a non-government school in the circumstances
14
mentioned in section 5.
15
recurrent expenditure means expenditure relating to the ongoing
16
operating costs of schools.
17
relevant authority, for a non-government body, means:
18
(a) the approved authority or nominated authority for the body;
19
or
20
(b) in respect of a payment for a project administered by a block
21
grant authority--the block grant authority.
22
relevant Minister, in relation to a provision of the former Act,
23
means the Minister who administered that provision.
24
Remoteness Structure means the Remoteness Structure described
25
in the document entitled "Statistical Geography Volume 1
26
Australian Standard Geographical Classification (ASGC) July
27
2006", published by the Australian Statistician in July 2006, that
28
was effective 1 July 2006.
29
remote school campus: a school campus of a non-government
30
school is a remote school campus for a program year if the school
31
Interpretation Part 2
Definitions Division 1
Section 4
Schools Assistance Bill 2008 No. , 2008 9
campus is, on either of the following days, in a location categorised
1
under the Remoteness Structure as Remote Australia:
2
(a) the school campus census day for the school campus in the
3
previous calendar year;
4
(b) the school campus census day for the school campus in the
5
program year.
6
responsible body has the meaning given by paragraph 138(1)(a).
7
school includes a proposed school, but does not include a school at
8
which education is provided at a standard (however described) that
9
is pre-school standard only.
10
school campus: a location is a school campus of a
11
non-government school if the location is one at which students
12
receive primary education or secondary education at the school.
13
school campus census day has the meaning given by section 9.
14
schools census day has the meaning given by section 8.
15
secondary education, at a school in a State, means education
16
(whether junior secondary education or senior secondary
17
education) at the school at the level of secondary education
18
determined for the State under section 7.
19
SES score (short for Socio-Economic Status score) has the
20
meaning given by section 72.
21
SES score determination means a determination (including a
22
transitional SES score determination) made under subsection 72(2).
23
special assistance school means a non-government school in a
24
State that:
25
(a) is, or is likely to be, recognised by the State Minister as a
26
special assistance school; and
27
(b) primarily caters for students with social, emotional or
28
behavioural difficulties.
29
special education means education under special programs, or
30
special activities, designed specifically for students with
31
disabilities.
32
Part 2 Interpretation
Division 1 Definitions
Section 4
10 Schools Assistance Bill 2008 No. , 2008
special school means a non-government school in a State that:
1
(a) is, or is likely to be, recognised by the State Minister as a
2
special school; and
3
(b) provides special education.
4
State includes the Australian Capital Territory and the Northern
5
Territory.
6
State Minister, for a State, means the Minister of the State who is
7
responsible, or primarily responsible, for the administration of
8
matters relating to school education in that State.
9
student with disabilities means a student:
10
(a) who attends a non-government school (whether or not as a
11
distance education student); and
12
(b) in respect of whom a disability assessment has been made.
13
systemic school means an approved school that is approved as a
14
member of an approved school system.
15
targeted expenditure supplementation number has the meaning
16
given by section 101.
17
transitional approved authority determination has the meaning
18
given by subsection 150(2).
19
transitional approved school determination has the meaning given
20
by subsection 104(2).
21
transitional approved school system determination has the
22
meaning given by subsection 128(2).
23
transitional SES score determination has the meaning given by
24
subsection 73(2).
25
very remote school campus: a school campus of a non-government
26
school is a very remote school campus for a program year if the
27
school campus is, on either of the following days, in a location
28
categorised under the Remoteness Structure as Very Remote
29
Australia:
30
(a) the school campus census day for the school campus in the
31
previous calendar year;
32
Interpretation Part 2
Definitions Division 1
Section 4
Schools Assistance Bill 2008 No. , 2008 11
(b) the school campus census day for the school campus in the
1
program year.
2
3
Part 2 Interpretation
Division 2 Other important concepts
Section 5
12 Schools Assistance Bill 2008 No. , 2008
1
Division 2--Other important concepts
2
5 Students receiving education at non-government schools
3
Primary and secondary education
4
(1) In this Act:
5
receives: a student receives primary education or secondary
6
education (as the case may be) at a non-government school (or at a
7
school campus of a non-government school) only if:
8
(a) the student attends, on a daily basis, the school (or campus) at
9
a location approved for the school, for that level of education,
10
under this Act; or
11
(b) the Minister determines that the student is to be treated
12
(because of special circumstances) as so attending the school
13
(or campus).
14
Distance education
15
(2) In this Act:
16
receives: a student receives primary distance education or
17
secondary distance education (as the case may be) at a
18
non-government school (or at a school campus of a
19
non-government school) located in a State only if:
20
(a) the student resides in the State; and
21
(b) the State provides funding for the school (otherwise than as a
22
result of the operation of this Act), for that level of education,
23
for students enrolled at the school who receive distance
24
education (however described) from the school; and
25
(c) the student is not approved as a home education student
26
(however described) in accordance with the law of the State
27
in which the student resides.
28
6 Meaning of funding level
29
In this Act:
30
Interpretation Part 2
Other impo rtant concepts Division 2
Section 7
Schools Assistance Bill 2008 No. , 2008 13
funding level, for a non-government school, for a particular level
1
of education, for a program year, has the meaning set out in the
2
following table:
3
4
Funding levels--general
Item
If the following Division of Part 4
applies to the school for that level
of education for that program
year ...
the funding level for that level of
education, for that program year,
is ...
1
Div ision 3 (current SES funding)
the school's current SES funding
level.
2
Div ision 4 (maintained funding)
the school's maintained funding
level.
3
Div ision 5 (guaranteed year 2008
funding)
the school's guaranteed funding
level.
4
Div ision 6 (maximu m SES funding)
70% of A GSRC fo r that level of
education for the program year.
7 Levels of education
5
(1) For the purposes of this Act, the Minister may, by legislative
6
instrument, determine a level of primary education or a level of
7
secondary education for a State.
8
(2) A determination under subsection (1) may relate to:
9
(a) education provided at schools generally; or
10
(b) education provided at schools included in a particular class of
11
schools.
12
(3) In making a determination under subsection (1), the Minister must
13
have regard to the arrangements made for providing education at
14
schools in the State conducted by or on behalf of the Government
15
of the State. This does not limit the matters to which the Minister
16
may have regard.
17
(4) A reference in this Act to a level of education at a school in a State
18
includes a reference to a year in a course of primary education or
19
secondary education provided at the school at a level, determined
20
by the Minister under subsection (1), that applies to the school.
21
Part 2 Interpretation
Division 2 Other important concepts
Section 8
14 Schools Assistance Bill 2008 No. , 2008
8 Meaning of schools census day
1
(1) In this Act:
2
schools census day, for a calendar year, for a non-systemic school
3
or approved school system, means:
4
(a) for the 2008 calendar year--the schools census day for the
5
school or system for that year under the former Act; or
6
(b) for any other calendar year:
7
(i) if, under subsection (2), the Minister has declared a
8
particular day in the year to be the schools census day
9
for the school or system--the day so declared; or
10
(ii) if subparagraph (i) does not apply to the school or
11
system--a day in the year agreed between the Minister
12
and the State Minister, under subsection (3), to be the
13
schools census day for that school or system.
14
(2) For the purpose of subparagraph (b)(i) of the definition of schools
15
census day in subsection (1), the Minister may declare a particular
16
day in a calendar year to be the schools census day for that year,
17
for a non-systemic school or an approved school system, if the
18
Minister is satisfied that special circumstances exist justifying the
19
declaration.
20
(3) For the purpose of subparagraph (b)(ii) of the definition of schools
21
census day in subsection (1), the Minister may agree with the State
22
Minister that a particular day in a calendar year is to be the schools
23
census day for that year, for a non-systemic school or an approved
24
school system.
25
9 Meaning of school campus census day
26
(1) In this Act:
27
school campus census day, for a calendar year, for a school
28
campus of a non-government school, means:
29
(a) for the year 2008--the schools campus census day for the
30
school campus for that year under the former Act; or
31
(b) for any other calendar year:
32
(i) the schools census day for the school for that year; or
33
Interpretation Part 2
Other impo rtant concepts Division 2
Section 10
Schools Assistance Bill 2008 No. , 2008 15
(ii) if, under subsection (2), the Minister has declared a
1
particular day in the year to be the school campus
2
census day--the day so declared.
3
(2) For the purpose of subparagraph (b)(ii) of the definition of school
4
campus census day in subsection (1), the Minister may declare a
5
particular day in a calendar year to be the school campus census
6
day for the school campus for the year, if the Minister is satisfied
7
that special circumstances exist justifying the declaration.
8
10 Meaning of nominated authority
9
(1) For the purposes of this Act, or a provision (or provisions) of this
10
Act specified under subsection (2), a body nominated under that
11
subsection by a group of non-government schools is the nominated
12
authority of the group.
13
(2) A group of non-government schools may make a written
14
nomination to the Secretary of the Department of a body to be the
15
nominated authority of the group for the purposes of this Act, or of
16
a specified provision or provisions of this Act.
17
18
Part 3 Authorisation of financial assistance
Division 1 Simplified outline o f Part
Section 11
16 Schools Assistance Bill 2008 No. , 2008
1
Part 3--Authorisation of financial assistance
2
Division 1--Simplified outline of Part
3
11 Simplified outline
4
(1) This section is a simplified outline of this Part.
5
(2) Financial assistance to a State for a non-government school, or
6
another non-government body, must not be paid unless there is an
7
agreement between the Commonwealth and the relevant authority
8
of the school or body.
9
(3) The agreement must cover matters including the following:
10
(a) national performance and transparency requirements (see
11
Subdivision B of Division 3);
12
(b) grant acquittal and reporting requirements (see Subdivision C
13
of Division 3);
14
(c) monitoring, evaluation and compliance requirements (see
15
Subdivision D of Division 3).
16
(4) The following additional conditions apply to the grant of financial
17
assistance to a State for a non-government school or another
18
non-government body (see Divisions 2 and 4):
19
(a) in the case of financial assistance for a school--the school
20
must be an approved school;
21
(b) the school or body must be financially viable;
22
(c) the State must pay amounts of assistance to the relevant
23
authority of the school or body as soon as practicable (or
24
within an extended period allowed by the Minister).
25
(5) If a non-government school, or another non-government body,
26
breaches a funding agreement, the Minister may (under the
27
agreement) require the school or body to repay an amount to the
28
Commonwealth. The Minister may also reduce or delay the amount
29
of other payments for the school or body under this Act.
30
Note:
See section 27.
31
Authorisation of financial assistance Part 3
Simp lified outline of Part Division 1
Section 11
Schools Assistance Bill 2008 No. , 2008 17
(6) If a State fails to pass on an amount of financial assistance to a
1
non-government school, or another non-government body, for
2
which financial assistance is granted under this Act, the Minister
3
may require the State to repay an amount to the Commonwealth.
4
Note:
See Division 4.
5
6
Part 3 Authorisation of financial assistance
Division 2 Authorised financial assistance
Section 12
18 Schools Assistance Bill 2008 No. , 2008
1
Division 2--Authorised financial assistance
2
12 Authorised financial assistance--funding agreements
3
(1) The Minister must not authorise a payment to a State under this
4
Act for a non-government school, or another non-government
5
body, unless the relevant authority of the school or body has made
6
an agreement (a funding agreement) with the Commonwealth that
7
complies with Division 3 (Funding agreements).
8
(2) A funding agreement may have been made before the
9
commencement of this Act.
10
13 Authorised financial assistance--schools must be approved
11
The Minister must not authorise a payment to a State under this
12
Act for education at a particular level at a particular location at a
13
non-government school unless the school is an approved school for
14
that level and location.
15
Note:
Part 7 deals with the approval of schools.
16
14 Authorised financial assistance--State recognition of schools etc.
17
Recognition of school
18
(1) The Minister may refuse to authorise a payment to a State under
19
this Act for a non-government school during any period when the
20
State Minister does not recognise the school.
21
Note:
The Minister must revoke the school's approved school determination
22
(see section 122).
23
Recognition of level of education at school
24
(2) The Minister may refuse to authorise a payment to a State under
25
this Act for a non-government school for a particular level of
26
education provided at a non-government school during any period
27
when the State Minister does not recognise the school for that level
28
of education.
29
Authorisation of financial assistance Part 3
Authorised financial assistance Division 2
Section 15
Schools Assistance Bill 2008 No. , 2008 19
Recognition of location for level of education
1
(3) The Minister may refuse to authorise a payment to a State under
2
this Act for a non-government school for provision of a level of
3
education by the school at a particular location during any period
4
when the State Minister does not recognise the school for that level
5
of education provided at the location.
6
Non-recognition under State law
7
(4) For the purposes of this section, without limiting subsections (1) to
8
(3), a period during which the State Minister concerned does not
9
recognise a school includes a period (including a temporary period)
10
during which the school is not permitted under the law of the State
11
concerned to provide:
12
(a) in relation to the condition in subsection (1)--education (at
13
whatever level) at the school; or
14
(b) in relation to the condition in subsection (2)--the level of
15
education concerned at the school; or
16
(c) in relation to the condition in subsection (3)--the level of
17
education concerned at the school, at the location concerned.
18
15 Authorised financial assistance--financial viability
19
The Minister may refuse to authorise, or may delay, a payment to a
20
State under this Act for a non-government body (including a
21
non-government school), or the relevant authority of such a body,
22
if:
23
(a) either (or both) of the following applies:
24
(i) the body or authority is a body corporate that is being
25
wound up;
26
(ii) the affairs of the body or authority are under any form
27
of external control (for example, the control of a
28
manager) under a law of the Commonwealth or a State;
29
or
30
(b) the Minister considers that:
31
(i) the liabilities of the body or authority are greater than its
32
assets; or
33
Part 3 Authorisation of financial assistance
Division 2 Authorised financial assistance
Section 15
20 Schools Assistance Bill 2008 No. , 2008
(ii) the body or authority is (and is likely to continue for a
1
substantial period to be) unable to pay its debts as and
2
when they fall due for payment; or
3
(c) if a law of the Commonwealth or a State requires the body or
4
authority to be audited--the relevant audit:
5
(i) is expressed to be qualified; or
6
(ii) expresses concern about the financial viability of the
7
body or authority.
8
9
Authorisation of financial assistance Part 3
Funding agreements Division 3
Section 16
Schools Assistance Bill 2008 No. , 2008 21
1
Division 3--Funding agreements
2
Subdivision A--Purpose of grants
3
16 Funding agreements--purpose of grants
4
(1) A funding agreement must require the relevant authority for the
5
non-government school, or other non-government body, to ensure
6
that amounts received by the relevant authority from the State, as a
7
result of the payment to the State for the school or body, are spent
8
for purposes that are:
9
(a) determined by the Minister; and
10
(b) set out in the agreement.
11
(2) Without limiting subsection (1), the purposes for which an amount
12
may be spent include the purpose of paying administrative
13
expenses incurred by the relevant authority.
14
Note:
Financial assistance under this Act may be given for recurrent
15
expenditure, capital expenditure or targeted expenditure (see Parts 4, 5
16
and 6).
17
Subdivision B--National school performance and transparency
18
requirements
19
17 Funding agreements--national stude nt assessments
20
National student assessments
21
(1) For the purposes of this section, the regulations may prescribe
22
assessments (national student assessments) against specified
23
educational standards, including (but not limited to) an assessment
24
against national standards in reading, writing, language
25
conventions and numeracy for students in years 3, 5, 7 and 9 at
26
school.
27
Requirement for national student assessments
28
(2) A funding agreement for a non-systemic school, or for an approved
29
school system, must require the relevant authority for the school or
30
Part 3 Authorisation of financial assistance
Division 3 Funding agreements
Section 18
22 Schools Assistance Bill 2008 No. , 2008
system to ensure that each national student assessment specified in
1
the regulations as applying to the school (or to the schools in the
2
system) is carried out:
3
(a) no later than a day or days (if any) determined by the
4
Minister; and
5
(b) as prescribed by the regulations.
6
Note:
The regulations may provide that the assessments are to be carried out
7
only for schools of a particular class, and may make different
8
provisions for assessments at schools of different classes (see
9
subsection 33(3A) of the Acts Interpretation Act 1901).
10
(3) Without limiting subsection (2), regulations made for the purposes
11
of that subsection may require a national student assessment to be
12
carried out:
13
(a) for the students specified in the regulations; and
14
(b) in a way prescribed by the regulations; and
15
(c) with the frequency prescribed by the regulations.
16
Note:
The regulations may provide that any particular assessment is to be
17
carried out only for students of a particular class, and may make
18
different provisions for students of different classes (see subsection
19
33(3A) of the Acts Interpretation Act 1901).
20
Applying, adopting or incorporating matter contained in other
21
instruments
22
(4) Despite subsection 14(2) of the Legislative Instruments Act 2003,
23
regulations made for the purposes of this section may make
24
provision in relation to a matter by applying, adopting or
25
incorporating, with or without modification, any matter contained
26
in any other instrument or other writing as in force or existing from
27
time to time.
28
18 Funding agreements--national reports on the outcomes of
29
schooling
30
(1) A funding agreement for a non-systemic school, or for an approved
31
school system, must require the relevant authority for the school or
32
system to do each of the following:
33
Authorisation of financial assistance Part 3
Funding agreements Division 3
Section 19
Schools Assistance Bill 2008 No. , 2008 23
(a) in the case of an agreement for a non-systemic school--
1
ensure that the school participates in preparing a national
2
report (or reports) on the outcomes of schooling;
3
(b) in the case of an agreement for an approved school system--
4
ensure that the system, and each school in the system,
5
participates in preparing a national report (or reports) on the
6
outcomes of schooling;
7
(c) give the Minister (for inclusion in a report mentioned in
8
paragraph (a) or (b)) a report (or reports), of a kind (or kinds)
9
required by the Minister, addressing the requirements for
10
performance information prescribed by the regulations.
11
(2) A requirement mentioned in paragraph (1)(a), (b) or (c) must be
12
satisfied not later than:
13
(a) if the Minister determines a day or days for the purposes of
14
that paragraph--that day or days; or
15
(b) in any other case--a day or days that will allow publication
16
of any report mentioned in paragraphs (1)(a) and (b) within
17
one year after the end of each program year.
18
19 Funding agreements--individual school information
19
(1) A funding agreement for a non-systemic school, or an approved
20
school system, must require the relevant authority for the school or
21
system to ensure that the school, or each school in the system,
22
gives the Minister, or another person or body determined by the
23
Minister, a report (or reports) about individual school information,
24
specified by the regulations, for the school.
25
(2) The report (or reports) mentioned in subsection (1):
26
(a) must be of a kind (or kinds) required by the Minister; and
27
(b) must be given to the Minister:
28
(i) from time to time, as required by the Minister; and
29
(ii) in the way (if any) determined by the Minister; and
30
(iii) no later than a day or days (if any) required by the
31
Minister.
32
Part 3 Authorisation of financial assistance
Division 3 Funding agreements
Section 20
24 Schools Assistance Bill 2008 No. , 2008
20 Funding agreements--reporting to parents etc.
1
Scope
2
(1) This section applies in relation to a student who attends a
3
non-systemic school, or a school that is a member of an approved
4
school system.
5
Reports about student attending school
6
(2) A funding agreement for the school or system must require the
7
relevant authority for the school or system to give each person
8
responsible for the student a report (or reports) concerning the
9
student that complies with this section.
10
(3) A report complies with this section if the report:
11
(a) uses plain language, and is readily understandable by each
12
person responsible for the student; and
13
(b) gives an accurate and objective assessment of the student's
14
progress and achievement; and
15
(c) includes an assessment of the student's achievement:
16
(i) against any available national standards; and
17
(ii) relative to the performance of the student's peer group
18
at the school; and
19
(d) meets any other requirements that are specified in the
20
regulations; and
21
(e) is given to each person responsible for the student:
22
(i) in a way prescribed by the regulations; and
23
(ii) with the frequency prescribed by the regulations.
24
21 Funding agreements--publication by schools of information
25
relating to schools
26
(1) A funding agreement for a non-systemic school, or an approved
27
school system, must require the relevant authority for the school or
28
system to ensure that the school, or each school in the system,
29
makes the information specified in the regulations relating to the
30
school for a program year publicly available within 6 months after
31
the end of the program year.
32
Authorisation of financial assistance Part 3
Funding agreements Division 3
Section 22
Schools Assistance Bill 2008 No. , 2008 25
(2) The information mentioned in subsection (1) must be made
1
publicly available in the way (if any) specified by the regulations.
2
22 Funding agreements--national curriculum
3
(1) A funding agreement for a non-systemic school, or an approved
4
school system, must require the relevant authority for the school or
5
system to ensure that the school, or each school in the system,
6
implements the national curriculum prescribed by the regulations
7
for primary education or secondary education (or both, as
8
applicable).
9
(2) The requirement mentioned in subsection (1) must be satisfied on
10
or before 31 January 2012.
11
Subdivision C--Grant acquittal and reporting requirements
12
23 Funding agreements--acquittal of grants
13
(1) A funding agreement must require the relevant authority for the
14
non-government school, or other non-government body:
15
(a) to give the Secretary of the Department a certificate by a
16
qualified accountant stating whether an amount equal to the
17
sum of the amounts mentioned in subsection 16(1) (purpose
18
of grants) has been spent (or committed to be spent) for the
19
program year for the purposes mentioned in that subsection;
20
and
21
(b) to give the Secretary of the Department the certificate on or
22
before 30 June next following the program year concerned,
23
or another day allowed by the Minister.
24
(2) In this section:
25
qualified accountant means:
26
(a) a qualified accountant within the meaning of the
27
Corporations Act 2001; or
28
(b) a person registered (or taken to be registered) as a company
29
auditor under the Corporations Act 2001; or
30
(c) a person approved by the Minister as a qualified accountant
31
under subsection (3).
32
Part 3 Authorisation of financial assistance
Division 3 Funding agreements
Section 24
26 Schools Assistance Bill 2008 No. , 2008
(3) The Minister may approve a person as a qualified accountant for
1
the purposes of subsection (2).
2
24 Funding agreements--reports on programs and financial
3
operations
4
(1) A funding agreement must require the relevant authority for the
5
non-government school, or other non-government body, to ensure
6
that a report (or reports), of a kind (or kinds) required by the
7
Minister, is given to the Minister in relation to each of the
8
following:
9
(a) programs of financial assistance provided under this Act, so
10
far as they relate to the relevant authority;
11
(b) the financial operations (including the financial viability and
12
funding sources) of:
13
(i) in any case--the school or other body; and
14
(ii) in the case of an approved school system--the schools
15
(including each particular school) in the system.
16
(2) A report mentioned in subsection (1) must be given to the Minister
17
no later than a day or days (if any) determined by the Minister.
18
Subdivision D--Monitoring, evaluation and compliance
19
25 Funding agreements--monitoring
20
Monitoring relevant authority
21
(1) A funding agreement must require the relevant authority for the
22
non-government school, or other non-government body, to allow a
23
person (an authorised person) authorised in writing by the
24
Minister for the purpose to do either or both of the following:
25
(a) to have full and free access to accounts, records and
26
documents of the relevant authority relating to information
27
that the authority is required under the agreement to give to
28
the Minister;
29
(b) to take extracts from, or make copies of, any such accounts,
30
records and documents.
31
Authorisation of financial assistance Part 3
Funding agreements Division 3
Section 26
Schools Assistance Bill 2008 No. , 2008 27
Monitoring schools
1
(2) Without limiting subsection (1), a funding agreement for a
2
non-systemic school, or an approved school system, must allow an
3
authorised person to have full and free access to each campus of
4
the school, or of each school in the system, for the following
5
purposes:
6
(a) the purposes mentioned in paragraphs (1)(a) and (b);
7
(b) to undertake any reasonable inspection of the campus, and of
8
the students at the campus, including an inspection for the
9
purpose of counting the number of students at the campus.
10
Reasonable notice, access times and assistance
11
(3) For the purposes of this section, the funding agreement:
12
(a) must allow for access mentioned in this section to be given
13
only on condition that:
14
(i) in the case of a non-systemic school--the authorised
15
person gives reasonable notice to the relevant authority
16
for the school; and
17
(ii) in the case of a systemic school--the authorised person
18
gives reasonable notice to the relevant authority for the
19
approved school system concerned, and to a person
20
responsible for the operation of the school; and
21
(iii) in any case--the access is given at reasonable times;
22
and
23
(b) must provide for the authorised person to be given such help
24
as he or she requires to exercise any power mentioned in this
25
section.
26
26 Funding agreements--evaluation
27
(1) A funding agreement must require the relevant authority for the
28
non-government school, or other non-government body, to ensure
29
that the school or body participates in evaluating the outcomes of
30
programs of financial assistance provided under this Act for the
31
school or body.
32
(2) Without limiting subsection (1), if that subsection applies to a
33
relevant authority for an approved school system, the funding
34
Part 3 Authorisation of financial assistance
Division 3 Funding agreements
Section 27
28 Schools Assistance Bill 2008 No. , 2008
agreement must require the authority to ensure that each school in
1
the system participates in evaluating the outcomes of programs of
2
financial assistance provided under this Act for the school.
3
27 Funding agreements--failure to comply
4
Failure to comply with funding agreement
5
(1) A funding agreement must contain a provision to the effect that
6
any or all of the consequences set out in this section may apply if
7
the relevant authority does not comply with a requirement of the
8
agreement:
9
(a) within the period required by or under the agreement; or
10
(b) within a further period allowed by the Minister (whether the
11
Minister allows this before or after the end of the period
12
required by or under the agreement).
13
Consequences of failure to comply
14
(2) If the Minister so determines, the relevant authority must pay to the
15
Commonwealth a specified amount (not more than the sum of the
16
amounts mentioned in subsection 16(1) (purpose of grants)).
17
(3) The Minister may determine that any other amount or amounts of
18
financial assistance to the State under this Act for the school or
19
body is to be reduced by an amount or amounts totalling not more
20
than:
21
(a) if the Minister makes a determination under subsection (2)--
22
the amount required to be paid under the determination; or
23
(b) in any other case--the sum of the amounts mentioned in
24
subsection 16(1).
25
Note:
A determination reducing the amount of a payment is made under
26
section 34.
27
(4) The Minister may delay the making of any further payment (or a
28
part of a further payment) to the State under this Act for the school
29
or body until the relevant authority complies with the requirement
30
set out in the agreement.
31
Authorisation of financial assistance Part 3
Funding agreements Division 3
Section 28
Schools Assistance Bill 2008 No. , 2008 29
28 Funding agreements--unauthorised amounts
1
A funding agreement must contain a provision that, if the sum of
2
the amounts mentioned in subsection 16(1) (purpose of grants)
3
exceeds the total amount that was properly authorised to be paid to
4
the State for the school or body:
5
(a) the relevant authority must, if the Minister so determines, pay
6
to the Commonwealth an amount (the determined amount)
7
equal to the excess; and
8
(b) in the event that the authority does not pay the determined
9
amount to the Commonwealth, the Minister may make a
10
further determination reducing any other amount or amounts
11
of financial assistance for the State under this Act for the
12
school or body by an amount or amounts not more than the
13
determined amount.
14
Note:
A further determination mentioned in paragraph (b) is made under
15
section 44.
16
Subdivision E--Other provisions in funding agreements
17
29 Funding agreements--othe r provisions
18
A funding agreement (or a funding agreement as varied) must
19
include the following provisions:
20
(a) the provisions mentioned in any of the following paragraphs
21
of this Act (if applicable):
22
(i) paragraph 135(b) (the inclusion of new schools in an
23
approved school system);
24
(ii) paragraph 140(e) (prerequisites for proposals to end
25
membership of approved school systems);
26
(iii) paragraph 158(d) (changes of approved authorities);
27
Note:
These provisions relate to the carrying-over of obligations under
28
funding agreements when changes are made to the approvals
29
concerned.
30
(b) any provisions prescribed by the regulations;
31
(c) any other provisions that the Minister considers appropriate
32
in relation to the relevant authority, school or body.
33
34
Part 3 Authorisation of financial assistance
Division 4 Conditions applying to the States
Section 30
30 Schools Assistance Bill 2008 No. , 2008
1
Division 4--Conditions applying to the States
2
30 Conditions applying to the States--payment of financial
3
assistance to non-governme nt schools and bodies
4
(1) The grant to a State because of a provision of this Act of financial
5
assistance for a non-government school, or another
6
non-government body, for a program year is subject to the
7
condition that the State is required:
8
(a) to pay to the relevant authority of the school or body each
9
amount paid to the State for the school or body because of
10
the provision; and
11
(b) when making such a payment, to describe the amount paid to
12
the relevant authority as a payment made out of money paid
13
to the State by the Commonwealth because of the provision.
14
(2) It is also a condition of the grant to the State that the payment of
15
each amount must be made:
16
(a) as soon as practicable after the amount is paid to the State; or
17
(b) within a further period allowed by the Minister (whether the
18
Minister allows this before or after the end of the time
19
mentioned in paragraph (a)).
20
31 Conditions applying to the States--require ment to repay
21
amounts to Commonwealth
22
(1) A grant to a State mentioned in section 30 is subject to the
23
condition that, in the event that the State does not comply with the
24
condition mentioned in subsection 30(1), the State is required, if
25
the Minister so determines, to repay to the Commonwealth the
26
amount stated in the determination.
27
(2) The amount stated in a determination under subsection (1) must not
28
exceed the sum of the amounts of financial assistance paid to the
29
State under the provision for the school or body for the program
30
year concerned.
31
32
Authorisation of financial assistance Part 3
Repayment of financial assistance Division 5
Section 32
Schools Assistance Bill 2008 No. , 2008 31
1
Division 5--Repayment of financial assistance
2
32 Repayment of financial assistance--relevant conside rations
3
Scope
4
(1) This section applies if the Minister is considering whether to make:
5
(a) a determination, under a provision of a funding agreement
6
mentioned in section 27 or 28, that the relevant authority of a
7
school or body is to pay an amount to the Commonwealth; or
8
(b) a determination under subsection 31(1) that a State is to
9
repay an amount to the Commonwealth.
10
Relevant considerations
11
(2) In considering whether to make the determination, the Minister
12
must take into account all relevant matters, including whether the
13
relevant authority or State gave all relevant information to the
14
Commonwealth before the grant of financial assistance was made.
15
33 Repayment of financial assistance--recovery from States as debts
16
An amount payable by a State to the Commonwealth under this
17
Act is a debt due by the State to the Commonwealth.
18
34 Repayment of financial assistance--failure by relevant
19
authorities to repay amounts
20
Scope
21
(1) This section applies if:
22
(a) under a funding agreement (or an agreement under section 30
23
of the former Act) between the Commonwealth and the
24
relevant authority of a non-government school, or another
25
non-government body, the Minister or the relevant Minister
26
(as appropriate) has determined that the authority is to pay an
27
amount to the Commonwealth; and
28
Part 3 Authorisation of financial assistance
Division 5 Repay ment of financial assistance
Section 34
32 Schools Assistance Bill 2008 No. , 2008
(b) an amount (the amount repayable) that is all or a part of the
1
amount mentioned in paragraph (a) remains unpaid.
2
Reduction of authorised amount
3
(2) The Minister may make a determination reducing an amount that is
4
authorised to be paid to a State for the school or body under any
5
provision of this Act in any program year by an amount not more
6
than the amount repayable.
7
Later increase of authorised amount
8
(3) The Minister may make a determination under a provision of this
9
Act increasing the maximum amount that may be paid to a State
10
for the school or body for any purpose under that provision in any
11
program year by an amount or amounts totalling not more than the
12
amount of any reduction under subsection (2).
13
(4) It does not matter whether the reduction was made in relation to the
14
same provision of this Act as the provision of this Act mentioned
15
in subsection (3), or a different provision.
16
17
Grants for recurrent expenditure Part 4
Simp lified outline of Part Division 1
Section 35
Schools Assistance Bill 2008 No. , 2008 33
1
Part 4--Grants for recurrent expenditure
2
Division 1--Simplified outline of Part
3
35 Simplified outline
4
(1) This section is a simplified outline of this Part.
5
(2) This Part allows the Minister to make determinations authorising
6
the payment of financial assistance to the States for
7
non-government schools, for recurrent expenditure of the following
8
types:
9
(a) current SES funding (see Division 3);
10
(b) maintained funding (see Division 4);
11
(c) guaranteed year 2008 funding (see Division 5);
12
(d) maximum SES funding (see Division 6);
13
(e) distance education funding (see Division 7);
14
(f) remoteness loading (see Division 8);
15
(g) Indigenous supplementary assistance (see Division 9);
16
(h) Indigenous funding guarantee (see Division 10).
17
(3) Funding for recurrent expenditure is worked out on a school by
18
school basis (whether the school is a non-systemic school or a
19
systemic school).
20
(4) This Part also sets limits on financial assistance for those types of
21
recurrent expenditure, using a series of per student amounts for
22
different categories of students, and different levels of education, at
23
each school.
24
25
Part 4 Grants for recurrent expenditure
Division 2 Average Govern ment School Recurrent Costs
Section 36
34 Schools Assistance Bill 2008 No. , 2008
1
Division 2--Average Government School Recurrent Costs
2
36 Average Governme nt School Recurrent Costs--meaning of
3
AGSRC
4
(1) In this Act:
5
AGSRC (short for Average Government School Recurrent Costs)
6
means:
7
(a) for primary education for a program year:
8
(i) $8,044; or
9
(ii) if the regulations specify another amount under
10
subsection (2) for the program year--that amount; or
11
(b) for secondary education for a program year:
12
(i) $10,061; or
13
(ii) if the regulations specify another amount under
14
subsection (2) for the program year--that amount; or
15
(2) The regulations may specify amounts for the purposes of
16
subsection (1).
17
(3) Before the Governor-General makes regulations for the purposes of
18
subsection (2), the Minister must consider changes in the figures
19
known as the Average Government School Costs published by:
20
(a) the Ministerial Council on Education, Employment, Training
21
and Youth Affairs; or
22
(b) a body specified by the regulations that has a corresponding
23
function.
24
37 Average Governme nt School Recurrent Costs--rounding-up pe r
25
student funding amounts
26
Scope
27
(1) This section applies in relation to an amount (a funding amount)
28
worked out under one of the following provisions (a funding
29
amount provision):
30
(a) section 40 (current SES funding--primary education);
31
Grants for recurrent expenditure Part 4
Average Govern ment School Recurrent Costs Division 2
Section 37
Schools Assistance Bill 2008 No. , 2008 35
(b) section 42 (current SES funding--secondary education);
1
(c) section 45 (maintained funding--primary education);
2
(d) section 46 (maintained funding--secondary education);
3
(e) section 49 (guaranteed year 2008 funding--primary
4
education);
5
(f) section 51 (guaranteed year 2008 funding--secondary
6
education);
7
(g) section 55 (maximum SES funding--primary education);
8
(h) section 56 (maximum SES funding--secondary education).
9
Rounding-up to next highest dollar (per student amounts)
10
(2) If an amount covered by subsection (3) is an amount of dollars and
11
cents, for the purposes of a funding amount provision, the amount
12
is to be rounded to the next highest dollar.
13
(3) This subsection covers an amount that is a component of a funding
14
amount, in relation to a level of education and a program year,
15
worked out using a formula of the following kind:
16
Funding level
AGSRC for
specified in the
the level of education
funding amount provision
for the program year
17
18
Part 4 Grants for recurrent expenditure
Division 3 Current SES funding
Section 38
36 Schools Assistance Bill 2008 No. , 2008
1
Division 3--Current SES funding
2
38 Curre nt SES funding--scope
3
This Division applies to a non-government school in a State for a
4
particular program year and level of education provided at the
5
school, unless one of the following Divisions applies to the school
6
for that program year and for that level of education:
7
(a) Division 4 (maintained funding);
8
(b) Division 5 (guaranteed year 2008 funding);
9
(c) Division 6 (maximum SES funding).
10
39 Curre nt SES funding--primary education funding determination
11
(1) The Minister may make a determination authorising payment of an
12
amount of financial assistance to the State for recurrent
13
expenditure:
14
(a) if the school is a non-systemic school--of the school for
15
primary education provided by the school in the program
16
year; or
17
(b) if the school is a member of an approved school system--of
18
the approved school system for primary education provided
19
by the school in the program year.
20
(2) The amount determined under subsection (1) must not exceed the
21
amount worked out for the school by adding up:
22
(a) the amount worked out under section 40 for the school's
23
primary students; and
24
(b) the amount worked out under section 57 for the school's
25
primary distance education students.
26
40 Curre nt SES funding--primary education funding amounts
27
For the purpose of paragraph 39(2)(a), work out the amount for the
28
school's primary students for the program year using the formula:
29
Grants for recurrent expenditure Part 4
Current SES funding Division 3
Section 41
Schools Assistance Bill 2008 No. , 2008 37
Number of
AGSRC for primary
School's current
primary students
education for the
SES funding level
for the school for
program year
the program year
1
41 Curre nt SES funding--secondary education funding
2
determination
3
(1) The Minister may make a determination authorising payment of an
4
amount of financial assistance to the State for recurrent
5
expenditure:
6
(a) if the school is a non-systemic school--of the school for
7
secondary education provided by the school in the program
8
year; or
9
(b) if the school is a member of an approved school system--of
10
the approved school system for secondary education provided
11
by the school in the program year.
12
(2) The amount determined under subsection (1) must not exceed the
13
amount worked out for the school by adding up:
14
(a) the amount worked out under section 42 for the school's
15
secondary students; and
16
(b) the amount worked out under section 58 for the school's
17
secondary distance education students.
18
42 Curre nt SES funding--secondary education funding amounts
19
For the purpose of paragraph 41(2)(a), work out the amount for the
20
school's secondary students for the program year using the
21
formula:
22
Number of
AGSRC for secondary
School's current
secondary students
education for the
SES funding level
for the school for
program year
the program year
23
24
Part 4 Grants for recurrent expenditure
Division 4 Maintained funding
Section 43
38 Schools Assistance Bill 2008 No. , 2008
1
Division 4--Maintained funding
2
43 Maintained funding--scope
3
General
4
(1) This Division applies to a non-government school in a State for a
5
particular program year if:
6
(a) either of the following Subdivisions of Division 2 of Part 6 of
7
the former Act was used to work out the funding for the
8
school's recurrent expenditure for the 2008 program year
9
under the former Act:
10
(i) Subdivision D (maintained year 2000 funding);
11
(ii) Subdivision E (maintained Catholic school funding);
12
and
13
(b) the school is not a maximum SES funded school for that
14
program year; and
15
(c) subsection (2) covers the school for the program year; and
16
(d) either of the following applies:
17
(i) this Division has applied to the school for each previous
18
program year (if any);
19
(ii) if this Division did not apply to the school in a previous
20
program year (the majority Indigenous student year)
21
only because the school was a majority Indigenous
22
student school for that year--this Division has applied
23
to the school for each previous program year (if any)
24
other than any majority Indigenous student year; and
25
Note:
A majority Indigenous student school is a maximum SES funded
26
school (see section 52).
27
(e) the school's SES score has not been changed, or determined,
28
for the purposes of any of the following provisions for that
29
program year or an earlier program year:
30
(i) section 80 (SES score changes on application by
31
school);
32
(ii) section 110 (approved school determination);
33
(iii) section 166 (false or misleading statements).
34
Grants for recurrent expenditure Part 4
Maintained funding Division 4
Section 43
Schools Assistance Bill 2008 No. , 2008 39
Condition based on 2008 funding
1
(2) This subsection covers a non-government school in the following
2
case:
3
School's actual
Notional primary
Notional secondary
2008 funding
students amount
students amount
4
where:
5
actual 2008 funding, for a school, means the maximum amount of
6
financial assistance for the school authorised under Part 6 of the
7
former Act for the 2008 program year:
8
(a) including amounts for the school's primary students and
9
secondary students; but
10
(b) excluding the following amounts:
11
(i) any amount for distance education worked out under
12
Subdivision H of Division 2 of Part 6 of the former Act;
13
(ii) any amount for remoteness per capita loading worked
14
out under Subdivision I of that Division of the former
15
Act.
16
notional primary students amount is the amount worked out using
17
the formula:
18
Number of
AGSRC for primary
School's current
primary students
education for the
SES funding level
for the school for the
program year 2008
under this Act
program year 2008
under the former Act
under the former Act
19
notional secondary students amount is the amount worked out
20
using the formula:
21
Number of
AGSRC for secondary
School's current
secondary students
education for the
SES funding level
for the school for the
program year 2008
under this Act
program year 2008
under the former Act
under the former Act
22
Part 4 Grants for recurrent expenditure
Division 4 Maintained funding
Section 44
40 Schools Assistance Bill 2008 No. , 2008
44 Maintained funding--determination
1
(1) The Minister may make a determination authorising payment of an
2
amount of financial assistance to the State for recurrent
3
expenditure:
4
(a) if the school is a non-systemic school--of the school for the
5
program year; or
6
(b) if the school is a member of an approved school system--of
7
the approved school system for the school for the program
8
year.
9
(2) The amount determined under subsection (1) must not exceed the
10
amount worked out for the school by adding up:
11
(a) the amount worked out under section 45 for the school's
12
primary students; and
13
(b) the amount worked out under section 46 for the school's
14
secondary students; and
15
(c) the amount worked out under section 57 for the school's
16
primary distance education students; and
17
(d) the amount worked out under section 58 for the school's
18
secondary distance education students.
19
45 Maintained funding--primary education funding amounts
20
For the purpose of paragraph 44(2)(a), work out the amount for the
21
school's primary students for the program year using the formula:
22
Number of
School's maintained
AGSRC for primary
primary students
funding level for
education for the
for the school for the
primary education
program year
program year
23
46 Maintained funding--secondary education funding amounts
24
For the purpose of paragraph 44(2)(b), work out the amount for the
25
school's secondary students for the program year using the
26
formula:
27
Grants for recurrent expenditure Part 4
Maintained funding Division 4
Section 46
Schools Assistance Bill 2008 No. , 2008 41
Number of
School's maintained
AGSRC for secondary
secondary students
funding level for
education for the
for the school for the
secondary education
program year
program year
1
2
Part 4 Grants for recurrent expenditure
Division 5 Guaranteed year 2008 funding
Section 47
42 Schools Assistance Bill 2008 No. , 2008
1
Division 5--Guaranteed year 2008 funding
2
47 Guaranteed year 2008 funding--scope
3
(1) This Division applies to a non-government school for a particular
4
program year and level of education provided at the school if:
5
(a) either of the following Subdivisions of Division 2 of Part 6 of
6
the former Act were used to work out the funding for the
7
school's recurrent expenditure for the program year 2008
8
under the former Act:
9
(i) Subdivision C (current SES funding);
10
(ii) Subdivision F (guaranteed year 2004 SES funding); and
11
(b) the school is not a maximum SES funded school for that
12
program year; and
13
(c) subsection (2) covers the school for the program year; and
14
(d) either of the following applies:
15
(i) this Division has applied to the school for that level of
16
education for each previous program year (if any);
17
(ii) if this Division did not apply to the school for that level
18
of education for a previous program year (the majority
19
Indigenous student year) only because the school was a
20
majority Indigenous student school for that year--this
21
Division has applied to the school for that level of
22
education for each previous program year (if any) other
23
than any majority Indigenous student year; and
24
Note:
A majority Indigenous student school is a maximum SES funded
25
school (see section 52).
26
(e) the school's SES score has not been changed, or determined,
27
for the purposes of any of the following provisions for that
28
program year or an earlier program year:
29
(i) section 80 (SES score changes on application by
30
school);
31
(ii) section 110 (approved school determination);
32
(iii) section 166 (false or misleading statements).
33
Grants for recurrent expenditure Part 4
Guaranteed year 2008 funding Division 5
Section 48
Schools Assistance Bill 2008 No. , 2008 43
Condition based on 2008 funding
1
(2) This subsection covers a non-government school, for a particular
2
level of education provided at the school in a program year (the
3
current program year), in the following case:
4
School's
AGSRC for
AGSRC
guaranteed
that level of
School's
funding level
education for
current SES
for that
the guarantee
funding level
level of
year under the
under this Act
education
former Act
for
that level of
education for
the current
program year
5
48 Guaranteed year 2008 funding--primary education funding
6
determination
7
(1) The Minister may make a determination authorising payment of an
8
amount of financial assistance to the State for recurrent
9
expenditure:
10
(a) if the school is a non-systemic school--of the school for
11
primary education provided by the school in the program
12
year; or
13
(b) if the school is a member of an approved school system--of
14
the approved school system for primary education provided
15
by the school in the program year.
16
(2) The amount determined under subsection (1) must not exceed the
17
amount worked out for the school by adding up:
18
(a) the amount worked out under section 49 for the school's
19
primary students; and
20
(b) the amount worked out under section 57 for the school's
21
primary distance education students.
22
49 Guaranteed year 2008 funding--primary education funding
23
amounts
24
For the purpose of paragraph 48(2)(a), work out the amount for the
25
school's primary students for the program year (the current
26
program year) using the formula:
27
Part 4 Grants for recurrent expenditure
Division 5 Guaranteed year 2008 funding
Section 50
44 Schools Assistance Bill 2008 No. , 2008
School's
AGSRC for primary
Number of
guaranteed
education for the
primary students
funding level
guarantee year under
for the school for the
for primary
the former Act
current program year
education
1
50 Guaranteed year 2008 funding--secondary education funding
2
determination
3
(1) The Minister may make a determination authorising payment of an
4
amount of financial assistance to the State for recurrent
5
expenditure:
6
(a) if the school is a non-systemic school--of the school for
7
secondary education provided by the school in the program
8
year; or
9
(b) if the school is a member of an approved school system--of
10
the approved school system for secondary education provided
11
by the school in the program year.
12
(2) The amount determined under subsection (1) must not exceed the
13
amount worked out for the school by adding up:
14
(a) the amount worked out under section 51 for the school's
15
secondary students; and
16
(b) the amount worked out under section 58 for the school's
17
secondary distance education students.
18
51 Guaranteed year 2008 funding--secondary education funding
19
amounts
20
For the purpose of paragraph 50(2)(a), work out the amount for the
21
school's secondary students for the program year (the current
22
program year) using the formula:
23
School's
AGSRC for secondary
Number of
guaranteed
education for the
secondary students
funding level
guarantee year under
for the school for the
for secondary
the former Act
current program year
education
24
25
Grants for recurrent expenditure Part 4
Maximu m SES funding Division 6
Section 52
Schools Assistance Bill 2008 No. , 2008 45
1
Division 6--Maximum SES funding
2
52 Maximum SES funding--scope
3
This Division applies to a non-government school for a particular
4
program year if the school (a maximum SES funded school) is any
5
of the following for that program year:
6
(a) a special school;
7
(b) a special assistance school;
8
(c) a majority Indigenous student school.
9
53 Maximum SES funding--meaning of majority Indigenous student
10
school
11
(1) In this Act:
12
majority Indigenous student school, for a program year, means a
13
non-government school, if:
14
(a) in the case of a school that was not a very remote school on
15
the schools census day for the calendar year before the
16
program year--as counted on that schools census day, 80%
17
or more of the total number of students receiving primary and
18
secondary education at the school were Indigenous; or
19
(b) in the case of a school that was a very remote school on the
20
schools census day for the calendar year before the program
21
year--as counted on that schools census day, 50% or more of
22
the total number of students receiving primary and secondary
23
education at the school were Indigenous.
24
(2) In this section:
25
very remote school, for a calendar year, means a school:
26
(a) whose only school campus for that calendar year is a very
27
remote school campus (within the meaning of this Act); or
28
(b) all of whose school campuses for that calendar year are very
29
remote school campuses (within the meaning of this Act).
30
Part 4 Grants for recurrent expenditure
Division 6 Maximu m SES funding
Section 54
46 Schools Assistance Bill 2008 No. , 2008
Note:
The definition of very remote school campus in section 4 applies a
1
more up-to-date Remoteness Structure than the Remoteness Structure
2
applied in section 4 of the former Act.
3
54 Maximum SES funding--determination
4
(1) The Minister may make a determination authorising payment of an
5
amount of financial assistance to the State for recurrent
6
expenditure:
7
(a) if the school is a non-systemic school--of the school for the
8
program year; or
9
(b) if the school is a member of an approved school system--of
10
the approved school system for the school for the program
11
year.
12
(2) The amount determined under subsection (1) must not exceed the
13
amount worked out for the school by adding up:
14
(a) the amount worked out under section 55 for the school's
15
primary students; and
16
(b) the amount worked out under section 56 for the school's
17
secondary students; and
18
(c) the amount worked out under section 57 for the school's
19
primary distance education students; and
20
(d) the amount worked out under section 58 for the school's
21
secondary distance education students.
22
55 Maximum SES funding--primary education funding amounts
23
For the purpose of paragraph 54(2)(a), work out the amount for the
24
school's primary students for the program year using the formula:
25
Number of
AGSRC for primary
primary students
70%
education for the
for the school for
program year
the program year
26
56 Maximum SES funding--secondary education funding amounts
27
For the purpose of paragraph 54(2)(b), work out the amount for the
28
school's secondary students for the program year using the
29
formula:
30
Grants for recurrent expenditure Part 4
Maximu m SES funding Division 6
Section 56
Schools Assistance Bill 2008 No. , 2008 47
Number of
AGSRC for secondary
secondary students
70%
education for the
for the school for
program year
the program year
1
2
Part 4 Grants for recurrent expenditure
Division 7 Distance education funding
Section 57
48 Schools Assistance Bill 2008 No. , 2008
1
Division 7--Distance education funding
2
57 Distance education funding--primary distance education funding
3
amounts
4
Scope
5
(1) This section applies in relation to a non-government school for the
6
purposes of the following provisions:
7
(a) paragraph 39(2)(b) (current SES funding);
8
(b) paragraph 44(2)(c) (maintained funding);
9
(c) paragraph 48(2)(b) (guaranteed year 2008 funding);
10
(d) paragraph 54(2)(c) (maximum SES funding).
11
Funding amount
12
(2) Work out the amount for the school's primary distance education
13
students for the program year using the formula:
14
Number of
Assistance amount
primary distance
per student for
education students
the program year
for the school for
the program year
15
where:
16
assistance amount per student, for a program year, means the
17
amount worked out using the formula:
18
AGSRC for primary
13.7%
education for the
program year
19
Rounding-up to next highest dollar
20
(3) If the assistance amount per student for a program year is an
21
amount of dollars and cents, the amount is to be rounded to the
22
next highest dollar.
23
Grants for recurrent expenditure Part 4
Distance education funding Division 7
Section 58
Schools Assistance Bill 2008 No. , 2008 49
58 Distance education funding--secondary distance education
1
funding amounts
2
Scope
3
(1) This section applies in relation to a non-government school for the
4
purposes of the following provisions:
5
(a) paragraph 41(2)(b) (current SES funding);
6
(b) paragraph 44(2)(d) (maintained funding);
7
(c) paragraph 50(2)(b) (guaranteed year 2008 funding);
8
(d) paragraph 54(2)(d) (maximum SES funding).
9
Funding amount
10
(2) Work out the amount for the school's secondary distance education
11
students for the program year using the formula:
12
Number of
secondary distance
Assistance amount per
education students
student for the program year
for the school for
the program year
13
where:
14
assistance amount per student, for a program year, means the
15
amount worked out using the formula:
16
AGSRC for secondary
13.7%
education for the
program year
17
Rounding-up to next highest dollar
18
(3) If the assistance amount per student for a program year is an
19
amount of dollars and cents, the amount is to be rounded to the
20
next highest dollar.
21
22
Part 4 Grants for recurrent expenditure
Division 8 Remoteness loading
Section 59
50 Schools Assistance Bill 2008 No. , 2008
1
Division 8--Remoteness loading
2
59 Remoteness loading--scope
3
This Division applies to a non-government school in a State for a
4
particular program year if the school campus for the school, or at
5
least one of its school campuses, is, for that program year:
6
(a) a moderately accessible school campus; or
7
(b) a remote school campus; or
8
(c) a very remote school campus.
9
Note:
Assistance under this Division is in addition to the financial assistance
10
that is available under other Divisions of this Part.
11
60 Remoteness loading--primary education funding determination
12
(1) The Minister may make a determination under this subsection
13
authorising payment of an amount of financial assistance to the
14
State for recurrent expenditure:
15
(a) if the school is a non-systemic school--of the school for
16
primary education provided by the school in the program
17
year; or
18
(b) if the school is a member of an approved school system--of
19
the approved school system for primary education provided
20
by the school in the program year.
21
(2) The amount determined under subsection (1) must not exceed the
22
amount worked out for the school by adding up:
23
(a) the amount worked out under subsection 61(1) for the
24
school's primary students at moderately accessible school
25
campuses; and
26
(b) the amount worked out under subsection 61(2) for the
27
school's primary students at remote school campuses; and
28
(c) the amount worked out under subsection 61(3) for the
29
school's primary students at very remote school campuses.
30
Grants for recurrent expenditure Part 4
Remoteness loading Division 8
Section 61
Schools Assistance Bill 2008 No. , 2008 51
61 Remoteness loading--primary education funding amounts
1
Students at a moderately accessible campus
2
(1) For the purpose of paragraph 60(2)(a), work out the amount for
3
primary students at any moderately accessible campus of the
4
school for the program year using the formula:
5
Number of
moderately accessible
Assistance amount per
campus primary
student for the program year
students for the school
for the program year
6
where:
7
assistance amount per student, for a program year, means the
8
amount worked out using the formula:
9
School's
AGSRC for primary
5%
current SES
education for the
funding level
program year
10
number of moderately accessible campus primary students, for a
11
school for a program year, means the number of students
12
(including the full-time equivalent of part-time students) receiving
13
primary education at a moderately accessible school campus of the
14
school on the school campus census day for the school campus in
15
the program year.
16
Students at a remote campus
17
(2) For the purpose of paragraph 60(2)(b), work out the amount for
18
primary students at any remote campus of the school for the
19
program year using the formula:
20
Number of
remote campus
Assistance amount per
primary students
student for the program year
for the school
for the program year
21
where:
22
assistance amount per student, for a program year, means the
23
amount worked out using the formula:
24
Part 4 Grants for recurrent expenditure
Division 8 Remoteness loading
Section 61
52 Schools Assistance Bill 2008 No. , 2008
School's
AGSRC for primary
10%
current SES
education for the
funding level
program year
1
number of remote campus primary students, for a school for a
2
program year, means the number of students (including the
3
full-time equivalent of part-time students) receiving primary
4
education at a remote school campus of the school on the school
5
campus census day for the school campus in the program year.
6
Students at a very remote campus
7
(3) For the purpose of paragraph 60(2)(c), work out the amount for
8
primary students at any very remote campus of the school for the
9
program year using the formula:
10
Number of
very remote campus
Assistance amount per
primary students
student for the program year
for the school
for the program year
11
where:
12
assistance amount per student, for a program year, means the
13
amount worked out using the formula:
14
School's
AGSRC for primary
20%
current SES
education for the
funding level
program year
15
number of very remote campus primary students, for a school for
16
a program year, means the number of students (including the
17
full-time equivalent of part-time students) receiving primary
18
education at a very remote school campus of the school on the
19
school campus census day for the school campus in the program
20
year.
21
Distance education students not counted
22
(4) For the purposes of this section, in working out the number of
23
students receiving primary education at a campus of a school, do
24
not count any primary distance education students.
25
Grants for recurrent expenditure Part 4
Remoteness loading Division 8
Section 62
Schools Assistance Bill 2008 No. , 2008 53
Rounding-up to next highest dollar
1
(5) If an assistance amount per student for a program year is an
2
amount of dollars and cents, the amount is to be rounded to the
3
next highest dollar.
4
62 Remoteness loading--secondary education funding
5
determination
6
(1) The Minister may make a determination under this subsection
7
authorising payment of an amount of financial assistance to the
8
State for recurrent expenditure:
9
(a) if the school is a non-systemic school--of the school for
10
secondary education provided by the school in the program
11
year; or
12
(b) if the school is a member of an approved school system--of
13
the approved school system for secondary education provided
14
by the school in the program year.
15
(2) The amount determined under subsection (1) must not exceed the
16
amount worked out for the school by adding up:
17
(a) the amount worked out under subsection 63(1) for the
18
school's secondary students at moderately accessible school
19
campuses; and
20
(b) the amount worked out under subsection 63(2) for the
21
school's secondary students at remote school campuses; and
22
(c) the amount worked out under subsection 63(3) for the
23
school's secondary students at very remote school campuses.
24
63 Remoteness loading--secondary education funding amounts
25
Students at a moderately accessible campus
26
(1) For the purpose of paragraph 62(2)(a), work out the amount for
27
secondary students at any moderately accessible campus of the
28
school for the program year using the formula:
29
Part 4 Grants for recurrent expenditure
Division 8 Remoteness loading
Section 63
54 Schools Assistance Bill 2008 No. , 2008
Number of
moderately accessible
Assistance amount per
campus secondary
student for the program year
students for the school
for the program year
1
where:
2
assistance amount per student, for a program year, means the
3
amount worked out using the formula:
4
School's
AGSRC for secondary
5%
current SES
education for the
funding level
program year
5
number of moderately accessible campus secondary students, for
6
a school for a program year, means the number of students
7
(including the full-time equivalent of part-time students) receiving
8
secondary education at a moderately accessible school campus of
9
the school on the school campus census day for the school campus
10
in the program year.
11
Students at a remote campus
12
(2) For the purpose of paragraph 62(2)(b), work out the amount for
13
secondary students at any remote campus of the school for the
14
program year using the formula:
15
Number of
remote campus
Assistance amount per
secondary students
student for the program year
for the school
for the program year
16
where:
17
assistance amount per student, for a program year, means the
18
amount worked out using the formula:
19
School's
AGSRC for secondary
10%
current SES
education for the
funding level
program year
20
number of remote campus secondary students, for a school for a
21
program year, means the number of students (including the
22
full-time equivalent of part-time students) receiving secondary
23
Grants for recurrent expenditure Part 4
Remoteness loading Division 8
Section 63
Schools Assistance Bill 2008 No. , 2008 55
education at a remote school campus of the school on the school
1
campus census day for the school campus in the program year.
2
Students at a very remote campus
3
(3) For the purpose of paragraph 62(2)(c), work out the amount for
4
secondary students at any very remote campus of the school for the
5
program year using the formula:
6
Number of
very remote campus
Assistance amount per
secondary students
student for the program year
for the school
for the program year
7
where:
8
assistance amount per student, for a program year, means the
9
amount worked out using the formula:
10
School's
AGSRC for secondary
20%
current SES
education for the
funding level
program year
11
number of very remote campus secondary students, for a school
12
for a program year, means the number of students (including the
13
full-time equivalent of part-time students) receiving secondary
14
education at a very remote school campus of the school on the
15
school campus census day for the school campus in the program
16
year.
17
Distance education students not counted
18
(4) For the purposes of this section, in working out the number of
19
students receiving secondary education at a campus of a school, do
20
not count any secondary distance education students.
21
Rounding-up to next highest dollar
22
(5) If an assistance amount per student for a program year is an
23
amount of dollars and cents, the amount is to be rounded to the
24
next highest dollar.
25
26
Part 4 Grants for recurrent expenditure
Division 9 Indigenous supplementary assistance
Section 64
56 Schools Assistance Bill 2008 No. , 2008
1
Division 9--Indigenous supplementary assistance
2
64 Indige nous supplementary assistance--scope
3
This Division applies to a non-government school in a State for a
4
particular program year and level of education provided at the
5
school, in relation to any Indigenous students receiving that level
6
of education at the school in that year.
7
Note:
Assistance under this Division is in addition to the financial assistance
8
that is available under other Divisions of this Part.
9
65 Indige nous supplementary assistance--definitions
10
In this Act:
11
number of Indigenous primary students, at a school campus for a
12
program year, means the number of Indigenous students (including
13
the full-time equivalent of part-time students) receiving primary
14
education at the school campus on the schools census day for the
15
school for the program year, but not including students receiving
16
primary distance education.
17
number of Indigenous secondary students, at a school campus for
18
a program year, means the number of Indigenous students
19
(including the full-time equivalent of part-time students) receiving
20
secondary education at the school campus on the schools census
21
day for the school for the program year, but not including students
22
receiving secondary distance education.
23
66 Indige nous supplementary assistance--primary education
24
funding determination
25
(1) The Minister may make a determination authorising payment of an
26
amount of financial assistance to the State for recurrent
27
expenditure:
28
(a) if the school is a non-systemic school--of the school for
29
primary education provided by the school in the program
30
year; or
31
Grants for recurrent expenditure Part 4
Indigenous supplementary assistance Division 9
Section 67
Schools Assistance Bill 2008 No. , 2008 57
(b) if the school is a member of an approved school system--of
1
the approved school system for primary education provided
2
by the school in the program year.
3
(2) The amount determined under subsection (1) must not exceed the
4
amount worked out for the school by adding up:
5
(a) the amount worked out under subsection 67(1) for the
6
school's Indigenous primary students at non-remote school
7
campuses; and
8
(b) the amount worked out under subsection 67(2) for the
9
school's Indigenous primary students at remote and very
10
remote school campuses.
11
67 Indige nous supplementary assistance--primary education
12
funding amounts
13
Non-remote school campuses
14
(1) For the purpose of paragraph 66(2)(a), work out the amount for the
15
school's Indigenous primary students at non-remote school
16
campuses of the school for the program year using the formula:
17
Number of Indigenous
primary students at
Assistance amount per
non-remote school
student for the program year
campuses for the
program year
18
where:
19
assistance amount per student, for a program year, means:
20
(a) $1,600; or
21
(b) if the regulations specify a greater amount under
22
subsection (3) for the program year--that amount.
23
Remote and very remote school campuses
24
(2) For the purpose of paragraph 66(2)(b), work out the amount for the
25
school's Indigenous primary students at remote and very remote
26
school campuses of the school for the program year using the
27
formula:
28
Part 4 Grants for recurrent expenditure
Division 9 Indigenous supplementary assistance
Section 68
58 Schools Assistance Bill 2008 No. , 2008
Number of Indigenous
primary students at
Assistance amount per
remote and very remote
student for the program year
school campuses for the
program year
1
assistance amount per student, for a program year, means:
2
(a) $3,850; or
3
(b) if the regulations specify a greater amount under
4
subsection (3) for the program year--that amount.
5
Regulations specifying assistance amounts
6
(3) The regulations may specify an amount as an assistance amount
7
per student for the purposes of subsection (1) or (2) for a program
8
year.
9
(4) Regulations made for the purposes of subsection (3) may provide
10
for an increase in an assistance amount per student (from one
11
program year to the next) by reference to changes in a specified
12
index.
13
(5) Despite subsection 14(2) of the Legislative Instruments Act 2003,
14
regulations made for the purposes of this section may make
15
provision in relation to a matter by applying, adopting or
16
incorporating, with or without modification, any matter contained
17
in any other instrument or other writing as in force or existing from
18
time to time.
19
68 Indige nous supplementary assistance--secondary education
20
funding determination
21
(1) The Minister may make a determination authorising payment of an
22
amount of financial assistance to the State for recurrent
23
expenditure:
24
(a) if the school is a non-systemic school--of the school for
25
secondary education provided by the school in the program
26
year; or
27
(b) if the school is a member of an approved school system--of
28
the approved school system for secondary education provided
29
by the school in the program year.
30
Grants for recurrent expenditure Part 4
Indigenous supplementary assistance Division 9
Section 69
Schools Assistance Bill 2008 No. , 2008 59
(2) The amount determined under subsection (1) must not exceed the
1
amount worked out for the school by adding up:
2
(a) the amount worked out under subsection 69(1) for the
3
school's Indigenous secondary students at non-remote school
4
campuses; and
5
(b) the amount worked out under subsection 69(2) for the
6
school's Indigenous secondary students at remote and very
7
remote school campuses.
8
69 Indige nous supplementary assistance--secondary education
9
funding amounts
10
Non-remote school campuses
11
(1) For the purpose of paragraph 68(2)(a), work out the amount for the
12
school's Indigenous secondary students at non-remote school
13
campuses of the school for the program year using the formula:
14
Number of Indigenous
secondary students at
Assistance amount per
non-remote school
student for the program year
campuses for the
program year
15
where:
16
assistance amount per student, for a program year, means:
17
(a) $2,250; or
18
(b) if the regulations specify a greater amount under
19
subsection (3) for the program year--that amount.
20
Remote and very remote school campuses
21
(2) For the purpose of paragraph 68(2)(b), work out the amount for the
22
school's Indigenous secondary students at remote and very remote
23
school campuses of the school for the program year using the
24
formula:
25
Number of Indigenous
secondary students at
Assistance amount per
remote and very remote
student for the program year
school campuses for the
program year
26
Part 4 Grants for recurrent expenditure
Division 9 Indigenous supplementary assistance
Section 69
60 Schools Assistance Bill 2008 No. , 2008
assistance amount per student, for a program year, means:
1
(a) $4,400; or
2
(b) if the regulations specify a greater amount under
3
subsection (3) for the program year--that amount.
4
Regulations specifying assistance amounts
5
(3) The regulations may specify an amount as an assistance amount
6
per student for the purposes of subsection (1) or (2) for a program
7
year.
8
(4) Regulations made for the purposes of subsection (3) may provide
9
for an increase in an assistance amount per student (from one
10
program year to the next) by reference to changes in a specified
11
index.
12
(5) Despite subsection 14(2) of the Legislative Instruments Act 2003,
13
regulations made for the purposes of this section may make
14
provision in relation to a matter by applying, adopting or
15
incorporating, with or without modification, any matter contained
16
in any other instrument or other writing as in force or existing from
17
time to time.
18
19
Grants for recurrent expenditure Part 4
Indigenous funding guarantee Division 10
Section 70
Schools Assistance Bill 2008 No. , 2008 61
1
Division 10--Indigenous funding guarantee
2
70 Indige nous funding guarantee--funding determination
3
(1) The Minister may make a determination authorising payment of
4
financial assistance to a State for recurrent expenditure in relation
5
to Indigenous students receiving education at a non-systemic
6
school, or at schools that are members of an approved school
7
system, in the State, for a program year.
8
(2) In making a determination under subsection (1) for a non-systemic
9
school, or an approved school system, the Minister may consider
10
the following amounts of financial assistance received (or to be
11
received) by the school, or all schools in the system:
12
(a) financial assistance authorised for the calendar year 2008
13
under either or both of the following:
14
(i) Division 2 of Part 6 of the former Act;
15
(ii) the Indigenous Education (Targeted Assistance) Act
16
2000;
17
(b) financial assistance to be authorised for the program year
18
under this Part (apart from under this Division).
19
Note:
Assistance under this Division is in addition to the financial assistance
20
that is available under other Divisions of this Part (including
21
Division 9 (Indigenous supplementary assistance)).
22
71 Indige nous funding guarantee--funding amounts
23
The sum of the amounts paid to the States under section 70 for a
24
program year must not exceed:
25
(a) the funding amount specified in the following table for the
26
program year; or
27
(b) if the regulations specify a different amount for a particular
28
program year--that amount.
29
30
Indigenous funding guarantee --funding amounts
Item
Program year
Funding amount
1
2009
$5,500,000
Part 4 Grants for recurrent expenditure
Division 10 Ind igenous funding guarantee
Section 71
62 Schools Assistance Bill 2008 No. , 2008
Indigenous funding guarantee --funding amounts
Item
Program year
Funding amount
2
2010
$4,500,000
3
2011
$4,100,000
4
2012
$4,000,000
1
Grants for recurrent expenditure Part 4
SES scores Division 11
Section 72
Schools Assistance Bill 2008 No. , 2008 63
1
Division 11--SES scores
2
Subdivision A--Definition
3
72 SES scores--definition
4
(1) In this Act:
5
SES score, for a non-government school, means:
6
(a) an SES score determined for the school, as in effect on
7
31 December 2008, under section 8 of the former Act; or
8
(b) a whole number determined by the Minister for the school
9
under subsection (2) of this section, in accordance with
10
guidelines approved by the Minister under subsection (3) of
11
this section.
12
(2) The Minister may determine an SES score for a non-government
13
school for the purposes of subsection (1), for the program year in
14
which the determination is made.
15
Note:
The Minister must give notice of the determination to the approved
16
authority of the school (see section 82).
17
(3) The Minister may, by legislative instrument, approve guidelines for
18
the determination of SES scores.
19
Subdivision B--SES scores under former Act
20
73 SES scores--transitional determinations
21
Scope
22
(1) This section applies in relation to a school for which a
23
determination of a particular SES score was in effect, as at
24
31 December 2008, under section 8 of the former Act.
25
Transitional determinations
26
(2) The Minister is taken to have determined that SES score for the
27
school, for the purposes of this Act, by a determination (a
28
Part 4 Grants for recurrent expenditure
Division 11 SES scores
Section 74
64 Schools Assistance Bill 2008 No. , 2008
transitional SES score determination) made under subsection
1
72(2), with effect from 1 January 2009.
2
(3) Section 82 (notice of determination) does not apply in relation to a
3
transitional SES score determination.
4
74 SES scores--transitional guidelines
5
Scope
6
(1) This section applies if guidelines under section 8 of the former Act
7
for the making of SES score determinations (under that section)
8
were in effect as at 31 December 2008.
9
Transitional guidelines
10
(2) The Minister is taken to have approved those guidelines, for the
11
purposes of this Act, by a determination made under subsection
12
72(3), with effect from 1 January 2009.
13
Subdivision C--Change of SES score determinations
14
75 SES scores--determination of changes
15
(1) The Minister may, by determination, vary an SES score
16
determination.
17
Note:
The Minister must give notice of the variation to the approved
18
authority of the school concerned (see section 82).
19
(2) However, the Minister may only vary an SES score determination
20
if required or permitted to do so by another provision of this Act.
21
Note:
For the circumstances in which the Minister may vary SES score
22
determinations, see Subdivision D (SES score changes on application
23
by school), section 81 (clerical or formal changes) and section 166
24
(false or misleading statements).
25
Grants for recurrent expenditure Part 4
SES scores Division 11
Section 76
Schools Assistance Bill 2008 No. , 2008 65
Subdivision D--SES score changes on application by school
1
76 SES scores--change proposals
2
(1) This Subdivision applies in relation to a proposal to vary a school's
3
SES score because the approved authority of the school considers
4
that the SES score:
5
(a) has not been determined correctly; or
6
(b) without limiting paragraph (a), does not reflect the
7
socioeconomic circumstances of the school's community (in
8
the way required by the guidelines approved by the Minister
9
under subsection (2)); or
10
(c) is no longer accurate because of a significant change in the
11
school's circumstances.
12
(2) The Minister may, by legislative instrument, approve guidelines for
13
the purposes of subsection (1) and section 79.
14
77 SES scores--change applications
15
Applicants
16
(1) The approved authority of the school may apply to the Minister for
17
approval of the proposal.
18
Contents of applications
19
(2) An application under this section must:
20
(a) be in writing; and
21
(b) set out the name and location of the school and of the
22
approved authority of the school; and
23
(c) if the school is a member of an approved school system--set
24
out the name of the approved school system; and
25
(d) set out the reasons why the approved authority considers the
26
SES score should be changed.
27
78 SES scores--decisions on change proposals
28
The Minister must:
29
Part 4 Grants for recurrent expenditure
Division 11 SES scores
Section 79
66 Schools Assistance Bill 2008 No. , 2008
(a) approve the proposal; or
1
(b) refuse to approve the proposal.
2
Note:
The Minister's power to approve the proposal is subject to section 79
3
(general prerequisites for change proposals).
4
79 SES scores--general prerequisites for change proposals
5
The Minister must not approve the proposal unless satisfied that
6
the school's SES score (the old SES score):
7
(a) has not been determined correctly; or
8
(b) without limiting paragraph (a), does not reflect the
9
socioeconomic circumstances of the school's community (in
10
the way required by the guidelines approved by the Minister
11
under section 76); or
12
(c) is no longer accurate because of a significant change in the
13
school's circumstances.
14
80 SES scores--variation of determinations
15
Variation of SES score determinations
16
(1) If the Minister approves the proposal, the Minister must vary the
17
school's SES score determination under section 75 to determine a
18
new SES score for the school.
19
Note:
The Minister must give notice of the determination to the approved
20
authority of the school (see section 82).
21
Program year of effect
22
(2) A variation under this section must be stated to apply for the
23
program year in which the variation is made, if the variation results
24
in the school's funding level being equal to, or exceeding, the
25
funding level that applied to the school at the time the proposal to
26
vary the SES score was made.
27
Note:
A variation that decreases a school's SES score may have the effect of
28
increasing the school's funding level.
29
(3) A variation under this section must be stated to apply for the
30
program year immediately following the program year in which the
31
variation is made, if the variation results in the school's funding
32
Grants for recurrent expenditure Part 4
SES scores Division 11
Section 81
Schools Assistance Bill 2008 No. , 2008 67
level being less than the funding level that applied to the school at
1
the time the proposal to vary the SES score was made.
2
Note:
A variation that increases a school's SES score may have the effect of
3
decreasing the school's funding level.
4
Subdivision E--Miscellaneous
5
81 SES scores--clerical or formal changes
6
The Minister may vary an SES score determination under
7
section 75 to correct clerical errors or to make alterations of a
8
formal kind.
9
82 SES scores--notice of determinations
10
If the Minister makes a determination under this Division, the
11
Minister must give written notice of the determination to the
12
approved authority of the school concerned.
13
14
Part 5 Grants for capital expenditure
Section 83
68 Schools Assistance Bill 2008 No. , 2008
1
Part 5--Grants for capital expenditure
2
3
83 Capital expenditure--definitions
4
(1) In this Act:
5
block grant authority means a body corporate that the Minister
6
determines under subsection (2) to be a block grant authority for
7
the purposes of this Part in relation to particular non-government
8
schools in a State.
9
capital expenditure includes expenditure relating to any of the
10
following:
11
(a) investigating the need for:
12
(i) non-government schools in particular areas; or
13
(ii) non-government schools of particular kinds in particular
14
areas; or
15
(iii) buildings (or parts of buildings), other facilities (or parts
16
of other facilities) or equipment;
17
(b) purchasing land, with or without buildings or parts of
18
buildings;
19
(c) planning for the erection, alteration, extension, demolition or
20
refurbishment of a building (or part of a building) or of
21
another facility (or part of another facility);
22
(d) developing or preparing land for building or other purposes;
23
(e) erecting, altering, extending, demolishing or refurbishing a
24
building, part of a building or another facility or part of a
25
facility;
26
(f) installing or upgrading water, electricity or any other
27
services;
28
(g) providing equipment, including information technology
29
equipment;
30
(h) providing furniture;
31
(i) providing library materials or obtaining services and goods
32
for cataloguing a library (or part of a library);
33
(j) the administrative expenses of a block grant authority.
34
Grants for capital expenditure Part 5
Section 84
Schools Assistance Bill 2008 No. , 2008 69
(2) For the purposes of the definition of block grant authority in
1
subsection (1), the Minister may determine a body corporate to be
2
a block grant authority.
3
84 Capital expenditure--funding determination
4
(1) The Minister may make a determination authorising payment of
5
financial assistance to a State for:
6
(a) capital expenditure for a program year in connection with:
7
(i) a non-government school in the State; or
8
(ii) a group (or groups) of non-government schools in the
9
State; or
10
(b) capital expenditure for a program year in connection with
11
block grant authorities and non-government schools in the
12
State.
13
(2) The sum of the amounts paid to the States under subsection (1) for
14
a program year must not exceed the amount worked out using the
15
formula:
16
Base assistance amount
Capital expenditure supplementation
for the program year
number for the program year
17
where:
18
base assistance amount, for a program year, means:
19
(a) if the regulations specify an amount under subsection (3) for
20
the program year--that amount; or
21
(b) otherwise:
22
(i) in the case of the 2009 program year--$128,712,000; or
23
(ii) in the case of a later program year--the amount worked
24
out under this subsection for the previous program year.
25
(3) For the purposes of subsection (2), the regulations may specify an
26
amount to be the base assistance amount for a program year.
27
(4) If the amount worked out under subsection (2) for a program year
28
is not a multiple of $1,000, the amount is to be rounded to the
29
nearest $1,000 (rounding $500 upwards).
30
Part 5 Grants for capital expenditure
Section 85
70 Schools Assistance Bill 2008 No. , 2008
85 Capital expenditure--capital expenditure supplementation
1
number
2
(1) In this Act:
3
capital expenditure supplementation number, for a program year,
4
means:
5
(a) 1; or
6
(b) if the regulations specify a number under subsection (2) for
7
the program year--that number.
8
(2) For the purposes of this Act, the regulations may specify a number
9
to be the capital expenditure supplementation number for a
10
program year.
11
(3) A number specified under subsection (2) may be greater than or
12
less than 1.
13
(4) Before the Governor-General makes regulations for the purposes of
14
subsection (2), the Minister must consider changes in the following
15
indexes:
16
(a) an index of building prices specified in the regulations;
17
(b) an index of wage costs specified in the regulations.
18
(5) Despite subsection 14(2) of the Legislative Instruments Act 2003,
19
regulations made for the purposes of this section may make
20
provision in relation to a matter by applying, adopting or
21
incorporating, with or without modification, any matter contained
22
in any other instrument or other writing as in force or existing from
23
time to time.
24
25
Grants for targeted expenditure Part 6
Simp lified outline of Part Division 1
Section 86
Schools Assistance Bill 2008 No. , 2008 71
1
Part 6--Grants for targeted expenditure
2
Division 1--Simplified outline of Part
3
86 Simplified outline
4
(1) This section is a simplified outline of this Part.
5
(2) This Part allows the Minister to make determinations authorising
6
the payment of financial assistance to the States for the following:
7
(a) short term emergency assistance (see Division 2);
8
(b) education in country areas (see Division 3);
9
(c) languages education (see Division 4);
10
(d) teaching English to new arrivals (see Division 5);
11
(e) the literacy, numeracy and special learning needs of students
12
who are educationally disadvantaged (see Division 6);
13
(f) establishment assistance for schools established in 2008 (see
14
Division 7).
15
(3) This Part also sets limits for financial assistance for those purposes.
16
17
Part 6 Grants for targeted expenditure
Division 2 Short term emergency assistance
Section 87
72 Schools Assistance Bill 2008 No. , 2008
1
Division 2--Short term emergency assistance
2
87 Short term e mergency assistance--funding determination
3
(1) The Minister may make a determination authorising payment of
4
financial assistance to a State to provide short term emergency
5
assistance for a non-government school in the State for one or
6
more program years if the Minister is satisfied that, because of any
7
unexpected circumstance, the school:
8
(a) is in severe financial difficulty; and
9
(b) has a special need of that assistance in the program year or
10
years.
11
(2) The sum of the amounts paid to the States under subsection (1) for
12
a program year must not exceed the amount worked out using the
13
formula:
14
Base assistance amount
Targeted expenditure supplementation
for the program year
number for the program year
15
where:
16
base assistance amount, for a program year, means:
17
(a) if the regulations specify an amount under subsection (3) for
18
the program year--that amount; or
19
(b) otherwise:
20
(i) in the case of the 2009 program year--$1,057,000; or
21
(ii) in the case of a later program year--the amount worked
22
out under this subsection for the previous program year.
23
(3) For the purposes of subsection (2), the regulations may specify an
24
amount to be the base assistance amount for a program year.
25
(4) An amount specified under subsection (3) may be nil.
26
(5) If the amount worked out under subsection (2) for a program year
27
is not a multiple of $1,000, the amount is to be rounded to the
28
nearest $1,000 (rounding $500 upwards).
29
30
Grants for targeted expenditure Part 6
Education in country areas Division 3
Section 88
Schools Assistance Bill 2008 No. , 2008 73
1
Division 3--Education in country areas
2
88 Education in country areas--funding determination
3
(1) The Minister may make a determination authorising payment of
4
financial assistance to a State for expenditure approved by the
5
Minister for a program year connected with the education, at
6
non-government schools in country areas of the State, of students
7
who are educationally disadvantaged because of their geographical
8
isolation.
9
(2) The sum of the amounts paid to the States under subsection (1) for
10
a program year must not exceed the amount worked out using the
11
formula:
12
Base assistance amount
Targeted expenditure supplementation
for the program year
number for the program year
13
where:
14
base assistance amount, for a program year, means:
15
(a) if the regulations specify an amount under subsection (3) for
16
the program year--that amount; or
17
(b) otherwise:
18
(i) in the case of the 2009 program year--$5,246,000; or
19
(ii) in the case of a later program year--the amount worked
20
out under this subsection for the previous program year.
21
(3) For the purposes of subsection (2), the regulations may specify an
22
amount to be the base assistance amount for a program year.
23
(4) If the amount worked out under subsection (2) for a program year
24
is not a multiple of $1,000, the amount is to be rounded to the
25
nearest $1,000 (rounding $500 upwards).
26
Note:
Financial assistance under this Division is in addition to the assistance
27
that is available under section 97 (students who are educationally
28
disadvantaged).
29
30
Part 6 Grants for targeted expenditure
Division 4 Languages education
Section 89
74 Schools Assistance Bill 2008 No. , 2008
1
Division 4--Languages education
2
89 Languages education--improving learning outcomes
3
The Minister may make a determination authorising payment of
4
financial assistance to a State for expenditure for a program year
5
connected with non-government schools in the State to improve the
6
learning outcomes of students who are learning languages other
7
than English.
8
Note:
Section 91 sets a maximum amount for grants to the States under this
9
Division for a program year.
10
90 Languages education--national projects
11
(1) The Minister may approve a project for the purposes of this section
12
if:
13
(a) the sole or principal object of the project is to foster the
14
learning of languages other than English; and
15
(b) the project is conducted by a non-government school or other
16
non-government body.
17
(2) The Minister may make a determination authorising payment to a
18
State for a program year of an amount of financial assistance for
19
either or both of the following:
20
(a) expenditure on a project approved under subsection (1);
21
(b) expenditure to publicise a project approved under
22
subsection (1) by disseminating information about the project
23
or carrying out other related activities in connection with the
24
project.
25
Note:
Section 91 sets a maximum amount for grants to the States under this
26
Division for a program year.
27
(3) For the purposes of this section, it does not matter whether the
28
project is conducted within, or outside, or within and outside, the
29
State.
30
Grants for targeted expenditure Part 6
Languages education Division 4
Section 91
Schools Assistance Bill 2008 No. , 2008 75
91 Languages education--grant amounts
1
(1) The sum of the amounts paid to the States under this Division for a
2
program year must not exceed the amount worked out using the
3
formula:
4
Base assistance amount
Targeted expenditure supplementation
for the program year
number for the program year
5
where:
6
base assistance amount, for a program year, means:
7
(a) if the regulations specify an amount under subsection (2) for
8
the program year--that amount; or
9
(b) otherwise:
10
(i) in the case of the 2009 program year--$12,334,000; or
11
(ii) in the case of a later program year--the amount worked
12
out under this subsection for the previous program year.
13
(2) For the purposes of subsection (1), the regulations may specify an
14
amount to be the base assistance amount for a program year.
15
(3) If the amount worked out under subsection (1) for a program year
16
is not a multiple of $1,000, the amount is to be rounded to the
17
nearest $1,000 (rounding $500 upwards).
18
19
Part 6 Grants for targeted expenditure
Division 5 Teaching Eng lish to new arrivals
Section 92
76 Schools Assistance Bill 2008 No. , 2008
1
Division 5--Teaching English to new arrivals
2
92 Teaching English to ne w arrivals--definitions
3
Definitions
4
(1) In this Act:
5
eligible humanitarian new arrival means a person:
6
(a) who is an eligible new arrival; and
7
(b) who holds a visa specified in a determination made under
8
subsection (2).
9
eligible new arrival means a person:
10
(a) whose first language is not English; and
11
(b) who satisfies criteria determined under subsection (3) for
12
being a person newly arrived in Australia; and
13
(c) to whom one or more of the following subparagraphs applies:
14
(i) the person is an Australian citizen;
15
(ii) the person holds a permanent visa in force under the
16
Migration Act 1958;
17
(iii) the person is included in a permanent visa in force under
18
that Act;
19
(iv) the person has his or her permanent home in the
20
Territory of Christmas Island or in the Territory of
21
Cocos (Keeling) Islands;
22
(v) the person satisfies criteria determined under
23
subsection (4).
24
intensive ESL course means a course designed to teach English as
25
a second language to eligible new arrivals by means of intensive
26
instruction.
27
Determinations
28
(2) The Minister may, by determination, specify a visa for the
29
purposes of paragraph (b) of the definition of eligible
30
humanitarian new arrival in subsection (1).
31
Grants for targeted expenditure Part 6
Teaching English to new arrivals Division 5
Section 93
Schools Assistance Bill 2008 No. , 2008 77
Note:
The Minister may specify a visa by reference to a class of visas (see
1
subsection 13(3) of the Legislative Instruments Act 2003).
2
(3) The Minister may determine criteria for being a person newly
3
arrived in Australia for the purposes of paragraph (b) of the
4
definition of eligible new arrival in subsection (1).
5
(4) The Minister may determine criteria for the purposes of
6
subparagraph (c)(v) of the definition of eligible new arrival in
7
subsection (1).
8
(5) Despite subsection 12(2) of the Legislative Instruments Act 2003, a
9
determination made under subsection (4) may be stated to take
10
effect from a day before the day on which the determination is
11
made, but not before 1 January 2009.
12
(6) A determination made under this section is a legislative instrument.
13
Determinations made under the former Act
14
(7) The following table has effect:
15
16
Determinations made under the former Act
Item
A determination, made by the
relevant Minister for the purposes
of the following provision of
section 4 of the former Act and in
force on 31 December 2008 ...
is taken to be a determination
made under the following
subsection of this section ...
1
paragraph (b) of the defin ition of
eligible humanitarian new arrival
subsection (2).
2
paragraph (b) of the defin ition of
eligible new arrival
subsection (3).
3
subparagraph (c)(v) of the definition
of eligible new arrival
subsection (4).
93 Teaching English to ne w arrivals--funding determination
17
(1) The Minister may make a determination authorising payment of
18
financial assistance to a State for recurrent expenditure for a
19
program year connected with intensive ESL courses:
20
Part 6 Grants for targeted expenditure
Division 5 Teaching Eng lish to new arrivals
Section 94
78 Schools Assistance Bill 2008 No. , 2008
(a) beginning or continuing in the program year; and
1
(b) provided at or in connection with non-government schools in
2
the State.
3
(2) The total amount authorised to be paid to a State under
4
subsection (1) for a program year must not exceed the amount
5
worked out by adding up:
6
(a) the amount worked out under section 94 for the State's
7
eligible new arrivals; and
8
(b) the amount worked out under section 95 for the State's
9
eligible humanitarian new arrivals.
10
Note:
Financial assistance under this Division is in addition to the assistance
11
that is available under section 97 (students who are educationally
12
disadvantaged).
13
94 Teaching English to ne w arrivals--eligible ne w arrivals amounts
14
(1) For the purposes of paragraph 93(2)(a), work out the amount for
15
the State's eligible new arrivals for the program year using the
16
formula:
17
Assistance amount per student
Number of eligible new arrivals
for the program year
for the State for the program year
18
where:
19
assistance amount per student has the meaning given by
20
subsection (2).
21
number of eligible new arrivals, for a State for a program year,
22
means the number of eligible new arrivals, other than eligible
23
humanitarian new arrivals, enrolled in intensive ESL courses
24
described in subsection 93(1) in the State for the program year.
25
(2) For the purposes of subsection (1), the assistance amount per
26
student, for a program year, is the amount worked out using the
27
formula:
28
Base assistance amount
Targeted expenditure supplementation
for the program year
number for the program year
29
where:
30
base assistance amount means:
31
Grants for targeted expenditure Part 6
Teaching English to new arrivals Division 5
Section 95
Schools Assistance Bill 2008 No. , 2008 79
(a) for the 2009 program year--$5,786; or
1
(b) for a later program year--the assistance amount per student
2
for the previous program year.
3
(3) If the assistance amount per student for a program year is an
4
amount of dollars and cents, the amount is to be rounded to the
5
next highest dollar.
6
95 Teaching English to ne w arrivals--eligible humanitarian ne w
7
arrivals amounts
8
(1) For the purposes of paragraph 93(2)(b), work out the amount for
9
the State's eligible humanitarian new arrivals for the program year
10
using the formula:
11
Number of eligible humanitarian
Assistance amount per student
new arrivals for the State
for the program year
for the program year
12
where:
13
assistance amount per student has the meaning given by
14
subsection (2).
15
number of eligible humanitarian new arrivals, for a State for a
16
program year, means the number of eligible humanitarian new
17
arrivals enrolled in intensive ESL courses described in subsection
18
93(1) in the State for the program year.
19
(2) For the purposes of subsection (1), the assistance amount per
20
student, for a program year, is the amount worked out using the
21
formula:
22
Base assistance amount
Targeted expenditure supplementation
for the program year
number for the program year
23
where:
24
base assistance amount means:
25
(a) for the 2009 program year--$11,572; or
26
(b) for a later program year--the assistance amount per student
27
for the previous program year.
28
Part 6 Grants for targeted expenditure
Division 5 Teaching Eng lish to new arrivals
Section 95
80 Schools Assistance Bill 2008 No. , 2008
(3) If the assistance amount per student for a program year is an
1
amount of dollars and cents, the amount is to be rounded to the
2
next highest dollar.
3
4
Grants for targeted expenditure Part 6
Literacy, nu meracy and special learning needs Division 6
Section 96
Schools Assistance Bill 2008 No. , 2008 81
1
Division 6--Literacy, numeracy and special learning needs
2
96 Lite racy, numeracy and special learning needs--students with
3
disabilities
4
(1) The Minister may make a determination authorising payment of
5
financial assistance to a State for expenditure for a program year
6
connected with non-government schools (including schools
7
providing special education) in the State to improve the learning
8
outcomes of students with disabilities.
9
(2) The total amount authorised to be paid to a State under
10
subsection (1) for a program year must not exceed the amount
11
worked out using the formula:
12
Assistance amount per
Number of students with disabilities
student for the program year
for the State for the program year
13
where:
14
assistance amount per student has the meaning given by
15
subsection (3).
16
number of students with disabilities, for a State for a program
17
year, means the number of students with disabilities (including the
18
full-time equivalent of part-time students with disabilities)
19
receiving primary education, secondary education or distance
20
education at non-government schools in the State on the schools
21
census day for the State for the previous calendar year.
22
(3) For the purposes of subsection (2), the assistance amount per
23
student, for a program year, is the amount worked out using the
24
formula:
25
Base assistance amount
Targeted expenditure supplementation
for the program year
number for the program year
26
where:
27
base assistance amount means:
28
(a) for the 2009 program year--$853; or
29
Part 6 Grants for targeted expenditure
Division 6 Literacy, nu meracy and special learn ing needs
Section 97
82 Schools Assistance Bill 2008 No. , 2008
(b) for a later program year--the assistance amount per student
1
for the previous program year.
2
(4) If the assistance amount per student for a program year is an
3
amount of dollars and cents, the amount is to be rounded to the
4
next highest dollar.
5
Note:
Financial assistance under this section is in addition to the assistance
6
that is available under section 97 (students who are educationally
7
disadvantaged).
8
97 Lite racy, numeracy and special learning needs--students who
9
are educationally disadvantaged
10
(1) The Minister may make a determination authorising payment of
11
financial assistance to a State for expenditure for a program year
12
connected with non-government schools (including schools
13
providing special education) in the State to improve the learning
14
outcomes of students who are educationally disadvantaged.
15
(2) The sum of the amounts paid to the States under subsection (1) for
16
a program year must not exceed the amount worked out by adding
17
up:
18
(a) the amount worked out under section 98 for the program year
19
(grants for schools); and
20
(b) the amount specified under section 99 for the program year
21
(guarantee amount).
22
(3) In this section:
23
students who are educationally disadvantaged includes:
24
(a) students who are geographically isolated; and
25
(b) students of a language background other than English; and
26
(c) students with disabilities; and
27
(d) Indigenous students; and
28
(e) students of a low socioeconomic background.
29
Note:
Financial assistance under this section is in addition to the assistance
30
that is available under Division 3 (students who are geographically
31
isolated), Division 5 (teaching English to new arrivals) or section 96
32
(students with disabilities).
33
Grants for targeted expenditure Part 6
Literacy, nu meracy and special learning needs Division 6
Section 98
Schools Assistance Bill 2008 No. , 2008 83
98 Lite racy, numeracy and special learning needs--school grants
1
amounts
2
(1) For the purposes of paragraph 97(2)(a), work out the amount using
3
the formula:
4
Base assistance amount
Targeted expenditure supplementation
for the program year
number for the program year
5
where:
6
base assistance amount, for a program year, means:
7
(a) if the regulations specify an amount under subsection (2) for
8
the program year--that amount; or
9
(b) otherwise:
10
(i) in the case of the 2009 program year--$142,375,000; or
11
(ii) in the case of a later program year--the amount worked
12
out under this subsection for the previous program year.
13
(2) For the purposes of subsection (1), the regulations may specify an
14
amount to be the base assistance amount for a program year.
15
(3) If the amount worked out under subsection (1) for a program year
16
is an amount of dollars and cents, the amount is to be rounded to
17
the next highest dollar.
18
99 Lite racy, numeracy and special learning needs--guarantee
19
amounts
20
For the purposes of paragraph 97(2)(b), the amount is:
21
(a) $1,942,000; or
22
(b) if the regulations specify an amount for the program year for
23
the purposes of this paragraph--that amount.
24
25
Part 6 Grants for targeted expenditure
Division 7 Establish ment assistance
Section 100
84 Schools Assistance Bill 2008 No. , 2008
1
Division 7--Establishment assistance
2
100 Establishme nt assistance--funding determination
3
Scope
4
(1) This section applies if, in 2008, the relevant Minister varied the
5
former list of non-government schools in relation to a school in a
6
State because the school was covered by paragraph (c) of the
7
definition of new school proposal in the former Act.
8
Funding determination
9
(2) If the school is a non-systemic school, the Minister may make a
10
determination authorising payment of financial assistance to the
11
State to provide establishment assistance for the school for the
12
2009 program year.
13
(3) If the school is a member of an approved school system, the
14
Minister may make a determination authorising payment of
15
financial assistance to the State to provide establishment assistance
16
for the approved school system for the 2009 program year in
17
relation to the school.
18
Maximum amount
19
(4) An amount determined under subsection (2) or (3) in relation to a
20
school must not be more than the amount worked out using the
21
formula:
22
Number of primary
Number of secondary
$250
students for the school
students for the school
for the 2009 program year
for the 2009 program year
23
24
Grants for targeted expenditure Part 6
Targeted expenditure supplementation number Division 8
Section 101
Schools Assistance Bill 2008 No. , 2008 85
1
Division 8--Targeted expenditure supplementation
2
number
3
101 Targeted expenditure supple mentation number
4
(1) In this Act:
5
targeted expenditure supplementation number, for a program
6
year, means:
7
(a) 1; or
8
(b) if the regulations specify a number under subsection (2) for
9
the program year--that number.
10
(2) For the purposes of this Act, the regulations may specify a number
11
to be the targeted expenditure supplementation number for a
12
program year.
13
(3) A number specified under subsection (2) may be greater than or
14
less than 1.
15
(4) Before the Governor-General makes regulations for the purposes of
16
subsection (2), the Minister must consider changes in the relevant
17
figures known as the Average Government School Costs published
18
by:
19
(a) the Ministerial Council on Education, Employment, Training
20
and Youth Affairs; or
21
(b) a body specified by the regulations that has a corresponding
22
function.
23
24
Part 7 Approved schools
Division 1 Simplified outline o f Part
Section 102
86 Schools Assistance Bill 2008 No. , 2008
1
Part 7--Approved schools
2
Division 1--Simplified outline of Part
3
102 Simplified outline
4
(1) This section is a simplified outline of this Part.
5
(2) A school is approved, for the purposes of this Act, for a level of
6
education at a location if:
7
(a) the school was included in the former list of non-government
8
schools for that level at that location (see Division 3); or
9
(b) the Minister, by determination, approves the school for that
10
level at that location (see Division 4).
11
(3) An approved school determination may be changed for a reason
12
specified in this Act, including to add or to remove levels of
13
education and locations (see Divisions 5 and 6).
14
15
Approved schools Part 7
Approved schools Division 2
Section 103
Schools Assistance Bill 2008 No. , 2008 87
1
Division 2--Approved schools
2
103 Approve d schools--definition
3
In this Act:
4
approved school means (subject to subsection 121(3) (revocation
5
of approvals)):
6
(a) a school that, as at 31 December 2008, was included in the
7
former list of non-government schools; or
8
(b) a school approved under an approved school determination.
9
10
Part 7 Approved schools
Division 3 Former listed schools
Section 104
88 Schools Assistance Bill 2008 No. , 2008
1
Division 3--Former listed schools
2
104 Former listed schools
3
Scope
4
(1) This section applies in relation to a school that, as at 31 December
5
2008, was included in the former list of non-government schools
6
for:
7
(a) a level of education; and
8
(b) a location for that level of education.
9
Transitional approvals
10
(2) The Minister is taken to have approved the school, for the purposes
11
of this Act, for that level of education at that location, by
12
determination (a transitional approved school determination)
13
made under subsection 110(1), with effect from 1 January 2009.
14
(3) The following provisions do not apply in relation to a transitional
15
approved school determination:
16
(a) subsection 110(3) (approved school system or approved
17
authority);
18
(b) subsection 110(4) (SES score);
19
(c) section 123 (notice of determination).
20
21
Approved schools Part 7
Approved school determinations Division 4
Section 105
Schools Assistance Bill 2008 No. , 2008 89
1
Division 4--Approved school determinations
2
Subdivision A--Scope of Division
3
105 Approve d school determinations--ne w school proposals
4
This Division applies in relation to a proposal that one of the
5
following schools be approved for a level (or levels) of education
6
at a location (or locations) for the purposes of this Act:
7
(a) a non-government school formed as a result of the
8
amalgamation of 2 or more schools (at least one of which
9
was an approved school);
10
(b) a non-government school formed as a result of the separation
11
of an approved school into 2 or more schools;
12
(c) a new non-government school;
13
(d) an existing non-government school that is not already an
14
approved school.
15
Subdivision B--Applications
16
106 Approve d school determinations--ne w school applications
17
Applicants
18
(1) The following may apply to the Minister for approval of the
19
proposal:
20
(a) if the school is to be a member of an approved school
21
system--the approved authority of the system;
22
(b) otherwise--the body principally responsible for the school.
23
Contents of applications
24
(2) An application under this section must:
25
(a) be in writing; and
26
(b) set out the details of the proposal, including:
27
(i) the information mentioned in section 111; and
28
Part 7 Approved schools
Division 4 Approved school determinations
Section 107
90 Schools Assistance Bill 2008 No. , 2008
(ii) if the school is to be a member of an approved school
1
system--the information mentioned in subsection
2
133(2); and
3
(c) subject to subsection (3), state the earliest program year to
4
which the approval is to apply; and
5
(d) if the applicant considers that there are exceptional
6
circumstances that justify the approval applying to the
7
program year preceding the program year in which the
8
application is made--set out those circumstances.
9
(3) The earliest program year to be stated in an application for the
10
purposes of paragraph (2)(c) is to be:
11
(a) the program year in which the application is made; or
12
(b) the program year following the program year in which the
13
application is made; or
14
(c) if the applicant considers that there are exceptional
15
circumstances that justify the approval applying to the
16
program year preceding the program year in which the
17
application is made--that preceding program year.
18
107 Approve d school determinations--decisions on new school
19
proposals
20
The Minister must:
21
(a) approve the proposal; or
22
(b) refuse to approve the proposal.
23
Note:
The Minister's power to approve the proposal is subject to
24
sections 108 (general prerequisites for new school proposals) and 109
25
(prerequisites for new school proposals applying in previous program
26
years).
27
108 Approve d school determinations--general prerequisites for ne w
28
school proposals
29
The Minister must not approve the proposal unless:
30
(a) education is provided by the school; and
31
(b) education provided by the school is recognised by the State
32
Minister of the State in which the school is situated; and
33
(c) the school is not conducted for profit; and
34
Approved schools Part 7
Approved school determinations Division 4
Section 109
Schools Assistance Bill 2008 No. , 2008 91
(d) if the school is to be a non-systemic school--the applicant
1
for the proposal is a body corporate; and
2
(e) the requirements under paragraphs (a), (b), (c) and (d) are
3
satisfied before the schools census day for the school in the
4
earliest program year to which the approved school
5
determination is to apply.
6
109 Approve d school determinations--pre requisites for new school
7
proposals applying in previous program years
8
The Minister must not make an approved school determination
9
with effect from a day in the program year preceding the program
10
year in which the application is made unless the Minister is
11
satisfied that there are exceptional circumstances that justify the
12
determination taking effect in that preceding program year.
13
Subdivision C--Making approved school determinations
14
110 Approve d school determinations--powe r to determine
15
(1) If the Minister approves the proposal, the Minister must, by
16
determination, approve the school for the purposes of this Act in
17
accordance with the proposal.
18
Note:
The Minister must give notice of the determination to the approved
19
authority of the school (see section 123).
20
(2) The determination must be stated to apply from the earliest
21
program year stated in the application for the purposes of
22
paragraph 106(2)(c).
23
(3) The Minister must:
24
(a) if the school is to be a member of an approved school
25
system--subject to section 135 (prerequisites for
26
membership), vary the system's approved school system
27
determination under section 131 to approve the school as a
28
member of the system; or
29
(b) otherwise--approve a body as the approved authority of the
30
school under section 151.
31
Part 7 Approved schools
Division 4 Approved school determinations
Section 111
92 Schools Assistance Bill 2008 No. , 2008
(4) The Minister must determine the school's SES score under
1
section 72.
2
(5) If paragraph 105(a) or (b) applies (schools formed from the
3
amalgamation or separation of approved schools), the Minister
4
may, in order to take account of the proposal:
5
(a) vary (under section 112) or revoke (under section 121) the
6
approved school determination for any approved school
7
mentioned in that paragraph; or
8
(b) vary (under section 152) or revoke (under section 154) the
9
approved authority determination for any approved school
10
mentioned in that paragraph; or
11
(c) if any approved school mentioned in that paragraph is a
12
member of an approved school system--vary (under
13
section 131) the system's approved school system
14
determination.
15
111 Approve d school determinations--contents
16
An approved school determination for an approved school must set
17
out the following:
18
(a) the name of the school;
19
(b) each location for which the school is approved;
20
(c) a description of:
21
(i) each level of education for which the school is
22
approved; and
23
(ii) if more than one location is listed under paragraph (b)
24
for the school--each level of education for which the
25
school is approved at each of those locations.
26
27
Approved schools Part 7
Changes to approved school determinations Division 5
Section 112
Schools Assistance Bill 2008 No. , 2008 93
1
Division 5--Changes to approved school determinations
2
Subdivision A--General provisions
3
112 Changes to approved school determinations--powe r to
4
determine
5
(1) The Minister may, by determination, vary an approved school
6
determination.
7
Note:
The Minister must give notice of the variation to the approved
8
authority of the school concerned (see section 123).
9
(2) However, the Minister may only vary an approved school
10
determination if required or permitted to do so by another
11
provision of this Act.
12
Note:
For the circumstances in which the Minister may vary approved
13
school determinations, see section 110 (amalgamation or separation of
14
approved schools), Subdivision B (end of State recognition),
15
Subdivision C (location changes) and section 120 (clerical or formal
16
changes).
17
Subdivision B--End of State recognition
18
113 Changes to approved school determinations--end of State
19
recognition
20
If an approved school in a State stops being recognised by the State
21
for a particular level of education, the Minister may vary the
22
school's approved school determination under section 112 to
23
remove the reference to that level of education.
24
Subdivision C--Location changes
25
114 Changes to approved school determinations--location change
26
proposals
27
(1) Subsection (2) applies in relation to a school that is approved for
28
the purposes of this Act for a level of education at a location.
29
Part 7 Approved schools
Division 5 Changes to approved school determinations
Section 115
94 Schools Assistance Bill 2008 No. , 2008
(2) This Subdivision applies in relation to a proposal to approve the
1
school for:
2
(a) a new level of education at that location; or
3
(b) education, or a level of education, at another location.
4
115 Changes to approved school determinations--location change
5
applications
6
Applicants
7
(1) The approved authority of the school may apply to the Minister for
8
approval of the proposal.
9
Contents of applications
10
(2) An application under this section must:
11
(a) be in writing; and
12
(b) set out details of the proposal; and
13
(c) subject to subsection (3), state the earliest program year to
14
which the approval is to apply; and
15
(d) if the applicant considers that there are exceptional
16
circumstances that justify the approval applying to the
17
program year preceding the program year in which the
18
application is made--set out those circumstances.
19
(3) The earliest program year to be stated in an application for the
20
purposes of paragraph (2)(c) is to be:
21
(a) the program year in which the application is made; or
22
(b) the program year following the program year in which the
23
application is made; or
24
(c) if the applicant considers that there are exceptional
25
circumstances that justify the approval applying to the
26
program year preceding the program year in which the
27
application is made--that preceding program year.
28
116 Changes to approved school determinations--decisions on
29
location change proposals
30
The Minister must:
31
Approved schools Part 7
Changes to approved school determinations Division 5
Section 117
Schools Assistance Bill 2008 No. , 2008 95
(a) approve the proposal; or
1
(b) refuse to approve the proposal.
2
Note:
The Minister's power to approve the proposal is subject to
3
sections 117 (general prerequisites for location change proposals) and
4
118 (prerequisites for location changes applying in previous program
5
years).
6
117 Changes to approved school determinations--general
7
prerequisites for location change proposals
8
The Minister must not approve the proposal unless:
9
(a) education is provided by the school at the location concerned
10
in accordance with the proposal; and
11
(b) the provision of education by the school at the location
12
concerned in accordance with the proposal is recognised by
13
the State Minister of the State in which the school is situated;
14
and
15
(c) the requirements under paragraphs (a) and (b) are satisfied
16
before the schools census day for the school in the earliest
17
program year to which the approval is to apply.
18
118 Changes to approved school determinations--prerequisites for
19
location change proposals applying in previous program
20
years
21
The Minister must not, in order to take account of the proposal,
22
vary the approved school determination for the school with effect
23
from a day in the program year preceding the program year in
24
which the application is made unless the Minister is satisfied that
25
there are exceptional circumstances that justify the variation taking
26
effect in that preceding program year.
27
119 Changes to approved school determinations--location changes
28
(1) If the Minister approves the proposal, the Minister must vary the
29
approved school determination for the school under section 112 in
30
accordance with the proposal.
31
Note:
The Minister must give notice of the variation to the approved
32
authority of the school (see section 123).
33
Part 7 Approved schools
Division 5 Changes to approved school determinations
Section 120
96 Schools Assistance Bill 2008 No. , 2008
(2) The variation must be stated to apply from the earliest program
1
year stated in the application for the purposes of paragraph
2
115(2)(c).
3
Subdivision D--Miscellaneous
4
120 Changes to approved school determinations--clerical or formal
5
changes
6
The Minister may vary an approved school determination for a
7
school under section 112 to correct clerical errors or to make
8
alterations of a formal kind, including to remove from the
9
determination:
10
(a) a location at which the school has stopped providing
11
education; or
12
(b) a level of education that the school has stopped providing.
13
14
Approved schools Part 7
Revoking approved school determinations Division 6
Section 121
Schools Assistance Bill 2008 No. , 2008 97
1
Division 6--Revoking approved school determinations
2
121 Revoking approved school determinations--power to determine
3
(1) The Minister may, by determination, revoke an approved school
4
determination.
5
Note:
The Minister must give notice of the revocation to the approved
6
authority of the school concerned (see section 123).
7
(2) However, the Minister may only revoke an approved school
8
determination if required or permitted to do so by another
9
provision of this Act.
10
Note:
For the circumstances in which the Minister may revoke approved
11
school determinations, see section 110 (amalgamation or separation of
12
approved schools) and section 122 (schools ineligible for funding).
13
(3) For the purposes of this Act, a school stops being an approved
14
school if the Minister revokes the school's approved school
15
determination.
16
(4) If the Minister revokes an approved school determination for a
17
school, the Minister may:
18
(a) if the school is a member of an approved school system--
19
remove the school from the system's approved school system
20
determination under section 131; or
21
(b) if the school is a non-systemic school--revoke the approved
22
authority determination for the school under section 154.
23
122 Revoking approved school determinations--schools ineligible
24
for funding
25
The Minister must revoke an approved school determination for a
26
school in a State under section 121 if:
27
(a) the school stops being recognised by the State Minister; or
28
(b) the school stops existing; or
29
(c) the school starts to be conducted for profit.
30
31
Part 7 Approved schools
Division 7 Miscellaneous
Section 123
98 Schools Assistance Bill 2008 No. , 2008
1
Division 7--Miscellaneous
2
123 Minister to give notice of determinations to approved
3
authorities
4
If the Minister makes any of the following determinations, the
5
Minister must give written notice of the determination to the
6
approved authority of the school concerned:
7
(a) an approved school determination;
8
(b) a determination varying or revoking an approved school
9
determination.
10
124 Determinations may be given retrospective effect
11
Any of the following determinations may take effect from a day
12
before the day on which the determination is made, but not before
13
1 January 2009:
14
(a) an approved school determination;
15
(b) a determination varying or revoking an approved school
16
determination.
17
Note:
This section is subject to sections 109 and 118.
18
125 Publication of list of funded schools
19
As soon as practicable after 1 July in each program year, the
20
Minister must arrange for a notice to be published setting out:
21
(a) the name of each school for which financial assistance is paid
22
under this Act for the program year; and
23
(b) for each school, the funding level used to work out the
24
amount of financial assistance the school receives in the
25
program year.
26
27
Approved school systems Part 8
Simp lified outline of Part Division 1
Section 126
Schools Assistance Bill 2008 No. , 2008 99
1
Part 8--Approved school systems
2
Division 1--Simplified outline of Part
3
126 Simplified outline
4
(1) This section is a simplified outline of this Part.
5
(2) A school system is approved as a school system, for the purposes
6
of this Act, if:
7
(a) the school system was an approved school system under the
8
former Act (see Division 3); or
9
(b) the Minister, by determination, approves the school system
10
(see Division 4).
11
(3) An approved school is a member of an approved school system if:
12
(a) the school was included in the former list of non-government
13
schools as a member of the system (see Division 3); or
14
(b) the Minister, by determination, approves the school as a
15
member of the system (see Division 4).
16
(4) An approved school system determination may be changed for a
17
reason specified in this Act, including to add or to remove a
18
member of the system (see Divisions 5 and 6).
19
20
Part 8 Approved school systems
Division 2 Approved school systems
Section 127
100 Schools Assistance Bill 2008 No. , 2008
1
Division 2--Approved school systems
2
127 Approve d school systems--definitions
3
In this Act:
4
approved school system means (subject to subsection 143(3)
5
(revocation of approvals)):
6
(a) a body that, as at 31 December 2008, was an approved school
7
system under the former Act; or
8
(b) a body approved as a school system under an approved
9
school system determination.
10
member, of an approved school system, means (subject to
11
subsection 131(3) (removal from system)):
12
(a) an approved school that, as at 31 December 2008, was
13
included in the former list of non-government schools as a
14
member of the system; or
15
(b) an approved school approved as a member of the system
16
under the system's approved school system determination.
17
18
Approved school systems Part 8
Former approved school systems Division 3
Section 128
Schools Assistance Bill 2008 No. , 2008 101
1
Division 3--Former approved school systems
2
128 Former approved school systems
3
Scope
4
(1) This section applies in relation to:
5
(a) a body that, as at 31 December 2008, was an approved school
6
system under the former Act; and
7
(b) each approved school that, as at 31 December 2008, was
8
included in the former list of non-government schools as a
9
member of the system.
10
Transitional approvals
11
(2) The Minister is taken to have approved the system, for the
12
purposes of this Act, by determination (a transitional approved
13
school system determination) made under subsection 129(1), with
14
effect from 1 January 2009.
15
(3) The Minister is taken to have approved, by the transitional
16
approved school system determination, each approved school as a
17
member of the system.
18
(4) The following provisions do not apply in relation to a transitional
19
approved school system determination:
20
(a) subsection 129(2) (approved authority);
21
(b) section 145 (notice of determination).
22
23
Part 8 Approved school systems
Division 4 Approved school system determinations
Section 129
102 Schools Assistance Bill 2008 No. , 2008
1
Division 4--Approved school system determinations
2
129 Approve d school system determinations--power to determine
3
(1) The Minister may, by determination:
4
(a) approve a body as an approved school system for the
5
purposes of this Act; and
6
(b) approve an approved school (or schools) as a member (or
7
members) of the system for the purposes of this Act.
8
(2) If the Minister makes an approved school system determination for
9
an approved school system, the Minister must approve a body as
10
the approved authority of the system under section 151.
11
130 Approve d school system determinations--contents
12
An approved school system determination for an approved school
13
system must contain:
14
(a) the name of the approved school system; and
15
(b) the name of each member of the system.
16
17
Approved school systems Part 8
Changes to approved school system determinations Division 5
Section 131
Schools Assistance Bill 2008 No. , 2008 103
1
Division 5--Changes to approved school system
2
determinations
3
Subdivision A--General provisions
4
131 Changes to approved school system determinations--powe r to
5
determine
6
Changes to approved school system determinations
7
(1) The Minister may, by determination, vary an approved school
8
system determination.
9
Note:
The Minister must give notice of the variation to the approved
10
authority of the system concerned (see section 145).
11
(2) However, the Minister may only vary an approved school system
12
determination if required or permitted to do so by another
13
provision of this Act.
14
Note:
For the circumstances in which the Minister may vary approved
15
school system determinations, see section 110 (amalgamation or
16
separation of approved schools), section 121 (revoking approved
17
school determinations), Subdivision B (new members of approved
18
school systems), Subdivision C (ending membership of approved
19
school systems) and section 142 (clerical or formal changes).
20
Ending membership
21
(3) For the purposes of this Act, a school stops being a member of an
22
approved school system if the Minister removes the school from
23
the system's approved school system determination under
24
subsection (1).
25
Subdivision B--New members of systems
26
132 Changes to approved school system determinations--ne w
27
me mber proposals
28
(1) This Subdivision applies in relation to a proposal to approve a
29
non-systemic school as a member of an approved school system.
30
Part 8 Approved school systems
Division 5 Changes to approved school system determinations
Section 133
104 Schools Assistance Bill 2008 No. , 2008
(2) However, this Subdivision does not apply in relation to a proposal
1
that is consequential on a proposal:
2
(a) to which Division 4 of Part 7 applies (new schools); or
3
(b) to which Division 4 of this Part applies (new school systems).
4
133 Changes to approved school system determinations--ne w
5
me mber applications
6
Applicants
7
(1) Either of the following may apply to the Minister for approval of
8
the proposal:
9
(a) the approved authority of the school;
10
(b) the approved authority of the approved school system.
11
Contents of applications
12
(2) An application under this section must:
13
(a) be in writing; and
14
(b) set out the name and location of the school and of the
15
approved school system; and
16
(c) be accompanied by evidence that the approved authority of
17
the approved school system agrees to the school becoming a
18
member of the system; and
19
(d) state the earliest program year to which the proposal relates;
20
and
21
(e) state whether the approved authority of the approved school
22
system agrees to fulfil the obligations (if any) of the
23
approved authority of the school under this Act or the former
24
Act that have not been fulfilled.
25
134 Changes to approved school system determinations--decisions
26
on new me mber proposals
27
The Minister must:
28
(a) approve the proposal; or
29
(b) refuse to approve the proposal.
30
Approved school systems Part 8
Changes to approved school system determinations Division 5
Section 135
Schools Assistance Bill 2008 No. , 2008 105
Note:
The Minister's power to approve the proposal is subject to section 135
1
(prerequisites for new member proposals).
2
135 Changes to approved school system determinations--
3
prerequisites for ne w me mber proposals
4
The Minister must not approve the proposal unless:
5
(a) the funding agreement made by the approved authority of the
6
approved school system with the Commonwealth (or the
7
agreement as varied) applies to the school for the earliest
8
program year to which the proposal relates, and all later
9
program years; and
10
(b) the funding agreement has been varied to provide that the
11
approved authority of the approved school system has agreed
12
to fulfil the obligations (if any) of the approved authority of
13
the school under this Act or the former Act that have not
14
been fulfilled.
15
136 Changes to approved school system determinations--ne w
16
me mber changes
17
(1) If the Minister approves the proposal, the Minister must vary the
18
approved school system's approved school system determination
19
under section 131 to approve the school as a member of the
20
system.
21
Note:
The Minister must give notice of the variation to the approved
22
authority of the approved school system (see section 145).
23
(2) The variation must be stated to apply from the earliest program
24
year stated in the application for the purposes of paragraph
25
133(2)(d).
26
(3) If the Minister approves the proposal, the Minister may revoke the
27
approved authority determination for the school under section 154.
28
Part 8 Approved school systems
Division 5 Changes to approved school system determinations
Section 137
106 Schools Assistance Bill 2008 No. , 2008
Subdivision C--Ending membership
1
137 Changes to approved school system determinations--proposals
2
to end me mbership
3
(1) This Subdivision applies in relation to a proposal for a school to
4
stop being a member of an approved school system.
5
(2) However, this Subdivision does not apply in relation to a proposal
6
that is consequential on a proposal to which Division 6 of Part 7
7
applies (revoking approved school determinations).
8
138 Changes to approved school system determinations--
9
applications to end me mbership
10
Applicants
11
(1) Either of the following may apply to the Minister for approval of
12
the proposal:
13
(a) the body (the responsible body) that is to be principally
14
responsible for the school under the proposal;
15
(b) the approved authority of the approved school system.
16
Contents of applications
17
(2) An application under this section must:
18
(a) be in writing; and
19
(b) set out the name and location of the school and of the
20
responsible body; and
21
(c) state the earliest program year to which the proposal relates;
22
and
23
(d) state whether the responsible body agrees to fulfil the
24
obligations (if any) of the approved authority of the approved
25
school system under this Act or the former Act in relation to
26
the school that have not been fulfilled.
27
Approved school systems Part 8
Changes to approved school system determinations Division 5
Section 139
Schools Assistance Bill 2008 No. , 2008 107
139 Changes to approved school system determinations--decisions
1
on proposals to end me mbership
2
The Minister must:
3
(a) approve the proposal; or
4
(b) refuse to approve the proposal.
5
Note:
The Minister's power to approve the proposal is subject to section 140
6
(prerequisites for proposals to end membership).
7
140 Changes to approved school system determinations--
8
prerequisites for proposals to end me mbership
9
The Minister must not approve the proposal unless:
10
(a) if the application is made by the responsible body:
11
(i) the application is accompanied by evidence that the
12
approved authority of the approved school system
13
agrees to the school stopping being a member of the
14
approved school system; or
15
(ii) the Minister has given notice to the approved authority
16
of the approved school system in relation to the
17
proposal; and
18
(b) the school is not conducted for profit; and
19
(c) the responsible body is a body corporate; and
20
(d) the responsible body has made a funding agreement with the
21
Commonwealth for the earliest program year to which the
22
proposal relates, and all later program years; and
23
(e) the funding agreement provides that the responsible body
24
agrees to fulfil the obligations (if any) of the approved
25
authority of the approved school system under this Act or the
26
former Act in relation to the school that have not been
27
fulfilled.
28
141 Changes to approved school system determinations--ending
29
me mbership
30
(1) If the Minister approves the proposal, the Minister must remove
31
the school from the approved school system's approved school
32
system determination under section 131.
33
Part 8 Approved school systems
Division 5 Changes to approved school system determinations
Section 142
108 Schools Assistance Bill 2008 No. , 2008
Note:
The Minister must give notice of the removal to the approved
1
authority of the approved school system (see section 145).
2
(2) The removal must be stated to apply from the earliest program year
3
stated in the application for the purposes of paragraph 138(2)(c).
4
(3) If the Minister approves the proposal, the Minister must approve
5
the responsible body as the approved authority of the school under
6
section 151.
7
Subdivision D--Miscellaneous
8
142 Changes to approved school system determinations--clerical or
9
formal changes
10
The Minister may vary an approved school system determination
11
under section 131 to correct clerical errors or to make alterations of
12
a formal kind.
13
14
Approved school systems Part 8
Revoking approved school system determinations Division 6
Section 143
Schools Assistance Bill 2008 No. , 2008 109
1
Division 6--Revoking approved school system
2
determinations
3
143 Revoking approved school system determinations--powe r to
4
determine
5
(1) The Minister may, by determination, revoke an approved school
6
system determination.
7
Note:
The Minister must give notice of the revocation to the approved
8
authority of the approved school system concerned (see section 145).
9
(2) However, the Minister may only revoke an approved school system
10
determination if required or permitted to do so by another
11
provision of this Act.
12
Note:
For the circumstances in which the Minister may revoke approved
13
school system determinations, see section 144 (systems stopped
14
existing).
15
(3) For the purposes of this Act, a school system stops being an
16
approved school system if the Minister revokes the system's
17
approved school system determination.
18
(4) If the Minister revokes an approved school system determination
19
for an approved school system, the Minister may revoke the
20
approved authority determination for the system under section 154.
21
144 Revoking approved school system determinations--systems
22
stopped existing
23
The Minister may revoke an approved school system determination
24
for an approved school system under section 143 if the system has
25
stopped existing.
26
Note:
The Minister must give notice of the revocation to the approved
27
authority of the approved school system (see section 145).
28
29
Part 8 Approved school systems
Division 7 Miscellaneous
Section 145
110 Schools Assistance Bill 2008 No. , 2008
1
Division 7--Miscellaneous
2
145 Minister to give notice of determinations to approved
3
authorities
4
If the Minister makes any of the following determinations, the
5
Minister must give written notice of the determination to the
6
approved authority of the approved school system concerned:
7
(a) an approved school system determination;
8
(b) a determination varying or revoking an approved school
9
system determination.
10
146 Determinations may be given retrospective effect
11
Any of the following determinations may take effect from a day
12
before the day on which the determination is made, but not before
13
1 January 2009:
14
(a) an approved school system determination;
15
(b) a determination varying or revoking an approved school
16
system determination.
17
147 Publication of list of approved school systems
18
As soon as practicable after 1 July in each program year, the
19
Minister must arrange for the following to be published:
20
(a) the name of each approved school system;
21
(b) for each approved school system, the name of each approved
22
member of the system.
23
24
Approved authorities Part 9
Simp lified outline of Part Division 1
Section 148
Schools Assistance Bill 2008 No. , 2008 111
1
Part 9--Approved authorities
2
Division 1--Simplified outline of Part
3
148 Simplified outline
4
(1) This section is a simplified outline of this Part.
5
(2) The approved authority of a systemic school is the approved
6
authority of the approved school system of which the school is a
7
member (see Division 2).
8
(3) The approved authority of any other non-government body is:
9
(a) the body that was the approved authority of the
10
non-government body under the former Act (see Division 3
11
of this Part); or
12
(b) the body that the Minister, by determination, approves for the
13
non-government body (see Division 4).
14
(4) An approved authority determination may only be changed for a
15
reason specified in this Act, including to replace one approved
16
authority with another (see Divisions 5 and 6).
17
18
Part 9 Approved authorities
Division 2 Approved authorities
Section 149
112 Schools Assistance Bill 2008 No. , 2008
1
Division 2--Approved authorities
2
149 Approve d authorities--definition
3
In this Act:
4
approved authority, of a non-government body, means:
5
(a) in the case of an approved school that is a member of an
6
approved school system--the approved authority of the
7
system; or
8
(b) in the case of any other non-government body--subject to
9
subsection 154(3) (revocation of approvals):
10
(i) if, as at 31 December 2008, there was an approved
11
authority of the non-government body under the former
12
Act--that approved authority; or
13
(ii) the body approved under an approved authority
14
determination for the non-government body.
15
16
Approved authorities Part 9
Former approved authorities Division 3
Section 150
Schools Assistance Bill 2008 No. , 2008 113
1
Division 3--Former approved authorities
2
150 Former approved authorities
3
Scope
4
(1) This section applies in relation to a body (the existing authority)
5
that, as at 31 December 2008, was the approved authority of a
6
non-government body (other than a systemic school) under the
7
former Act.
8
Transitional approvals
9
(2) The Minister is taken to have approved the existing authority as the
10
approved authority of the non-government body, for the purposes
11
of this Act, by determination (a transitional approved authority
12
determination) made under section 151, with effect from 1 January
13
2009.
14
(3) Section 160 (notice of determination) does not apply in relation to
15
a transitional approved authority determination.
16
17
Part 9 Approved authorities
Division 4 Approved authority determinations
Section 151
114 Schools Assistance Bill 2008 No. , 2008
1
Division 4--Approved authority determinations
2
151 Approve d authority determinations--power to determine
3
For the purposes of this Act, the Minister may, by determination,
4
approve a body as the approved authority of:
5
(a) an approved school system; or
6
(b) a non-systemic school; or
7
(c) another non-government body (other than a systemic school).
8
9
Approved authorities Part 9
Changes to approved authority determinations Division 5
Section 152
Schools Assistance Bill 2008 No. , 2008 115
1
Division 5--Changes to approved authority determinations
2
152 Changes to approved authority determinations--powe r to
3
determine
4
(1) The Minister may, by determination, vary an approved authority
5
determination.
6
Note:
The Minister must give notice of the variation to the approved
7
authority concerned (see section 160).
8
(2) However, the Minister may only vary an approved authority
9
determination for a non-systemic school, or for an approved school
10
system, if required or permitted to do so by another provision of
11
this Act.
12
Note:
For the circumstances in which the Minister may vary approved
13
authority determinations for non-systemic schools and approved
14
school systems, see section 110 (amalgamation or separation of
15
approved schools) and section 153 (clerical or formal changes).
16
153 Changes to approved authority determinations--clerical or
17
formal changes
18
The Minister may vary an approved authority determination under
19
section 152 to correct clerical errors or to make alterations of a
20
formal kind.
21
22
Part 9 Approved authorities
Division 6 Revoking approved authority determinations
Section 154
116 Schools Assistance Bill 2008 No. , 2008
1
Division 6--Revoking approved authority determinations
2
Subdivision A--General provisions
3
154 Revoking approved authority determinations--powe r to
4
determine
5
(1) The Minister may, by determination, revoke an approved authority
6
determination.
7
Note:
The Minister must give notice of the revocation to the approved
8
authority concerned (see section 160).
9
(2) However, the Minister may only revoke an approved authority
10
determination for a non-systemic school, or for an approved school
11
system, if required or permitted to do so by another provision of
12
this Act.
13
Note:
For the circumstances in which the Minister may revoke approved
14
authority determinations for non-systemic schools and approved
15
school systems, see section 110 (amalgamation or separation of
16
approved schools), section 121 (revoking approved school
17
determinations), section 136 (non-systemic schools become systemic
18
schools), section 143 (revoking approved school system
19
determinations) and Subdivision B (change of authorities).
20
(3) For the purposes of this Act, a body stops being the approved
21
authority of a non-government body if the Minister revokes the
22
approved authority determination for the non-government body.
23
Subdivision B--Change of authorities
24
155 Revoking approved authority determinations--change of
25
authorities
26
(1) This Subdivision applies in relation to a proposal that the Minister
27
replace the approved authority (the existing authority) of a
28
non-systemic school, or of an approved school system, with
29
another body (the proposed authority).
30
(2) However, this Subdivision does not apply in relation to a proposal
31
that is consequential on a proposal:
32
Approved authorities Part 9
Revoking approved authority determinations Division 6
Section 156
Schools Assistance Bill 2008 No. , 2008 117
(a) to which Division 4 of Part 7 applies (new schools); or
1
(b) to which Division 4 of Part 8 applies (new school systems);
2
or
3
(c) to which Subdivision B or C of Division 5 of Part 8 applies
4
(changes to membership of approved school systems).
5
156 Revoking approved authority determinations--change of
6
authority proposals
7
Applicants
8
(1) The existing authority may apply to the Minister for approval of
9
the proposal.
10
Contents of applications
11
(2) An application under this section must:
12
(a) be in writing; and
13
(b) set out details of the school or system and of the proposed
14
authority; and
15
(c) state the earliest program year to which the proposal relates;
16
and
17
(d) state whether the proposed authority agrees to fulfil
18
obligations (if any) of the existing authority under this Act, or
19
the former Act, that have not been fulfilled in relation to:
20
(i) the school; or
21
(ii) the schools in the system.
22
157 Revoking approved authority determinations--decisions on
23
change of authority proposals
24
The Minister must:
25
(a) approve the proposal; or
26
(b) refuse to approve the proposal.
27
Note:
The Minister's power to approve the proposal is subject to section 158
28
(prerequisites for change of authority proposals).
29
Part 9 Approved authorities
Division 6 Revoking approved authority determinations
Section 158
118 Schools Assistance Bill 2008 No. , 2008
158 Revoking approved authority determinations--prerequisites for
1
change of authority proposals
2
The Minister must not approve the proposal unless:
3
(a) the proposed authority is recognised by the State Minister
4
under the law of the State in which the school, or the schools
5
in the system, are located (if that law requires the proposed
6
authority to be recognised); and
7
(b) the school, or the schools in the system, are not conducted for
8
profit; and
9
(c) if the application relates to a school--the proposed authority
10
is a body corporate; and
11
(d) the funding agreement made by the proposed authority with
12
the Commonwealth provides that the proposed authority
13
agrees to fulfil the obligations (if any) of the existing
14
authority under this Act, or the former Act, that have not
15
been fulfilled in relation to:
16
(i) the school; or
17
(ii) the schools in the system.
18
159 Revoking approved authority determinations--change of
19
authority
20
(1) If the Minister approves the proposal, the Minister must:
21
(a) revoke the approved authority determination for the school or
22
system under section 154; and
23
(b) approve the proposed authority as the approved authority of
24
the school or system under section 151.
25
Note:
The Minister must give notice of the revocation or approval to the
26
approved authority concerned (see section 160).
27
(2) The revocation and approval must be stated to apply from the
28
earliest program year stated in the application for the purposes of
29
paragraph 156(2)(c).
30
31
Approved authorities Part 9
Miscellaneous Division 7
Section 160
Schools Assistance Bill 2008 No. , 2008 119
1
Division 7--Miscellaneous
2
160 Minister to give notice of determinations to approved
3
authorities
4
If the Minister makes any of the following determinations, the
5
Minister must give written notice of the determination to the
6
approved authority concerned:
7
(a) an approved authority determination;
8
(b) a determination varying or revoking an approved authority
9
determination.
10
161 Determinations may be given retrospective effect
11
Any of the following determinations may take effect from a day
12
before the day on which the determination is made, but not before
13
1 January 2009:
14
(a) an approved authority determination;
15
(b) a determination varying or revoking an approved authority
16
determination.
17
18
Part 10 Miscellaneous
Division 1 Timing and amounts of financial assistance
Section 162
120 Schools Assistance Bill 2008 No. , 2008
1
Part 10--Miscellaneous
2
Division 1--Timing and amounts of financial assistance
3
162 Timing and amounts of financial assistance--general
4
Financial assistance authorised to be paid to a State or States under
5
this Act is to be paid in such amounts, and at such times, as the
6
Minister determines.
7
Note:
A determination may apply in relation to a particular class or classes
8
of financial assistance (see subsection 33(3A) of the Acts
9
Interpretation Act 1901). For example, a determination may cover
10
financial assistance payable to a particular State or States, under a
11
particular provision or provisions, or for a particular program year or
12
program years, or any combination of these.
13
163 Timing and amounts of financial assistance--advances
14
(1) The Minister may make an advance to a State on account of an
15
amount that is expected to become payable under this Act to the
16
State.
17
(2) The conditions that would apply to the payment apply to the
18
advance.
19
164 Timing and amounts of financial assistance--determinations
20
If this Act provides that the Minister may make a determination
21
authorising the making of payments to a State, the determination
22
may either:
23
(a) set out the amounts authorised to be paid; or
24
(b) authorise the Minister (or another person named in the
25
determination) to decide those amounts.
26
27
Miscellaneous Part 10
False or misleading statements Division 2
Section 165
Schools Assistance Bill 2008 No. , 2008 121
1
Division 2--False or misleading statements
2
165 False or misleading statements--reduction of payme nts
3
Scope
4
(1) This section applies if:
5
(a) a person made a statement relating to the grant of financial
6
assistance for a non-government body for the purposes of:
7
(i) an Education Assistance Act; or
8
(ii) an agreement made as mentioned in an Education
9
Assistance Act; and
10
(b) the statement was made to:
11
(i) the Minister administering that Act; or
12
(ii) the Secretary of the Department administering that Act;
13
or
14
(iii) an APS employee in the Department administering that
15
Act; or
16
(iv) a block grant authority or a person employed by or
17
acting on behalf of, a block grant authority, for the
18
purposes of that Act; and
19
(c) the statement was false or misleading in a material particular;
20
and
21
(d) relying on the statement, a payment has been made under this
22
Act to a State, for a non-government body (including a block
23
grant authority or a nominated authority), of an amount that,
24
in the Minister's opinion, exceeds the amount that would
25
have been authorised to be paid if the statement had not been
26
false or misleading in a material particular.
27
Reducing amounts payable for the non-government body
28
(2) The Minister may make a determination reducing any amount
29
payable to the State under this Act for the non-government body
30
(as appropriate), in one or more program years, by the amount of
31
the excess.
32
Part 10 Miscellaneous
Division 2 False or mislead ing statements
Section 166
122 Schools Assistance Bill 2008 No. , 2008
(3) A determination under this section may take effect from a day
1
before the day on which the determination is made.
2
166 False or misleading statements--variation of SES score
3
Scope
4
(1) This section applies if:
5
(a) a person made a statement relating to the grant of financial
6
assistance for a non-government body for the purposes of:
7
(i) an Education Assistance Act; or
8
(ii) an agreement made as mentioned in an Education
9
Assistance Act; and
10
(b) the statement was made to:
11
(i) the Minister administering that Act; or
12
(ii) the Secretary of the Department administering that Act;
13
or
14
(iii) an APS employee in the Department administering that
15
Act; and
16
(c) the statement was false or misleading in a material particular;
17
and
18
(d) as a result of the statement, a non-government school:
19
(i) obtains a higher funding level for the purposes of
20
meeting recurrent expenditure than, in the Minister's
21
opinion, the school may have obtained if the statement
22
had not been made; or
23
(ii) obtains a larger amount under Division 8 (remoteness
24
loading) of Part 4 than, in the Minister's opinion, the
25
school may have obtained if the statement had not been
26
made.
27
Variation of SES score for the school
28
(2) The Minister may make a determination under section 75 varying
29
the SES score for the school.
30
(3) A determination mentioned in subsection (2) may be stated to
31
apply for a program year before the program year in which the
32
determination is made.
33
34
Miscellaneous Part 10
Appropriation and borrowings Division 3
Section 167
Schools Assistance Bill 2008 No. , 2008 123
1
Division 3--Appropriation and borrowings
2
167 Appropriation
3
The Consolidated Revenue Fund is appropriated as necessary for
4
the purposes of this Act.
5
168 Borrowings for capital expenditure
6
The Treasurer may, from time to time, in accordance with the
7
provisions of the Commonwealth Inscribed Stock Act 1911, or in
8
accordance with the provisions of an Act authorising the issue of
9
Treasury Bills, borrow amounts totalling not more than the sum of
10
the amounts that may become payable to the States under Part 5
11
(capital expenditure) of this Act.
12
13
Part 10 Miscellaneous
Division 4 Ad ministration
Section 169
124 Schools Assistance Bill 2008 No. , 2008
1
Division 4--Administration
2
169 Administration--determinations and approvals
3
(1) A determination or approval by the Minister under this Act must be
4
in writing.
5
(2) A determination or approval takes effect on:
6
(a) the day stated for the purpose in the determination or
7
approval; or
8
(b) if no day is stated--the day on which the determination is
9
made, or the approval is given.
10
(3) The provision of this Act under which, or for the purposes of
11
which, a determination is made or an approval is given may permit
12
the determination or approval to take effect before the day on
13
which the determination is made, or the approval is given.
14
(4) This subsection authorises the Minister to do something covered by
15
subsection (5) if:
16
(a) a provision of this Act refers to that thing as being done by
17
the Minister; and
18
(b) no other provision of this Act expressly authorises the
19
Minister to do the thing.
20
(5) This subsection covers the following:
21
(a) the making of a determination;
22
(b) the giving of an approval;
23
(c) the doing of an act or any other thing.
24
(6) In this Act, a reference to a determination or approval by the
25
Minister is a reference to such a determination or approval that is
26
in force.
27
Miscellaneous Part 10
Admin istration Division 4
Section 170
Schools Assistance Bill 2008 No. , 2008 125
170 Administration--general power to vary or revoke
1
determinations and approvals
2
Determination power includes power to revoke or vary
3
(1) The power of the Minister under this Act to make a determination
4
or give an approval includes the power, by writing, to revoke or
5
vary a previous determination made, or previous approval given, in
6
the exercise of the power.
7
(2) However, subsection (1) does not apply in relation to the following
8
determinations:
9
(a) an SES score determination;
10
(b) an approved school determination;
11
(c) an approved school system determination;
12
(d) an approved authority determination.
13
Note:
The Minister has express power to revoke or vary the determinations
14
mentioned in subsection (2) under the following provisions:
15
(a) for an SES score determination--Division 11 of Part 4;
16
(b) for an approved school determination--Part 7;
17
(c) for an approved school system determination--Part 8;
18
(d) for an approved authority determination--Part 9.
19
Instruments of revocation or variation
20
(3) An instrument that is expressed to revoke a determination as
21
previously varied, or to revoke an approval as previously varied,
22
has effect as the revocation of the determination or approval and of
23
every later instrument so far as that later instrument varied the
24
determination or approval or varied the determination or approval
25
as previously varied.
26
(4) An instrument that is expressed to vary a determination as
27
previously varied or to vary an approval as previously varied has
28
effect according to its terms even if it does not specifically refer to
29
the previous instruments of variation.
30
Part 10 Miscellaneous
Division 4 Ad ministration
Section 171
126 Schools Assistance Bill 2008 No. , 2008
More than one revocation or variation per instrument
1
(5) The one instrument may contain one or more revocations or one or
2
more variations, or both.
3
Date of effect
4
(6) An instrument of revocation or variation takes effect, subject to
5
subsection (7), on:
6
(a) the day stated for the purpose in the instrument; or
7
(b) if no day is stated--the day on which the instrument is made.
8
(7) An instrument revoking or varying a determination or approval
9
may take effect before the day of the making of the instrument only
10
if the provision under (or for the purposes of which) the
11
determination or approval was made or given permits the
12
determination or approval to take effect before it was made or
13
given.
14
171 Administration--delegation
15
The Minister may, by written instrument, delegate all or any of the
16
Minister's powers and functions under this Act or under an
17
agreement mentioned in this Act to:
18
(a) the Secretary of the Department; or
19
(b) an SES employee in the Department.
20
Note:
SES employee is defined in the Acts Interpretation Act 1901.
21
172 Administration--annual report by Minister
22
As soon as practicable after 30 June next following a program year,
23
the Minister must cause a report dealing with the following to be
24
laid before each House of the Parliament:
25
(a) the financial assistance (if any) granted in the year under this
26
Act for recurrent expenditure;
27
(b) the application of the financial assistance (if any) granted in
28
the year under this Act (including financial assistance by way
29
of capital grants).
30
31
Miscellaneous Part 10
Overseas students Division 5
Section 173
Schools Assistance Bill 2008 No. , 2008 127
1
Division 5--Overseas students
2
173 Overseas students not covered
3
Overseas students not covered
4
(1) Financial assistance under this Act is not to be provided to a State
5
for overseas students.
6
Definition of overseas student
7
(2) In this Act:
8
overseas student means a person:
9
(a) to whom one or more of the following subparagraphs applies:
10
(i) the person holds a visa in force under the Migration Act
11
1958 that permits the person to travel to Australia for
12
the purpose of undertaking a course provided by a body;
13
(ii) the person is included in such a visa in force under that
14
Act;
15
(iii) the person is specified by the regulations made for the
16
purposes of subsection (3); and
17
(b) who is not covered by a determination made under
18
subsection (4).
19
(3) The regulations may specify a person for the purposes of
20
subparagraph (a)(iii) of the definition of overseas student in
21
subsection (2).
22
Note:
The regulations may specify a person by reference to a class of
23
persons (see subsection 13(3) of the Legislative Instruments Act
24
2003).
25
(4) For the purposes of this Act, the Minister may, by legislative
26
instrument, determine that a person is not an overseas student.
27
Note:
A determination may specify a person by reference to a class of
28
persons (see subsection 13(3) of the Legislative Instruments Act
29
2003).
30
Part 10 Miscellaneous
Division 5 Overseas students
Section 173
128 Schools Assistance Bill 2008 No. , 2008
Transitional regulations and determinations
1
(5) Regulations made for the purposes of paragraph (b) of the
2
definition of overseas student in subsection 67(2) of the former
3
Act, and in force on 31 December 2008, are taken to have been
4
made for the purposes of subsection (3) of this section.
5
(6) A determination made by the relevant Minister for the purposes of
6
the definition of overseas student in subsection 67(2) of the former
7
Act, and in force on 31 December 2008, is taken to be a
8
determination made under subsection (4) of this section.
9
10
Miscellaneous Part 10
Regulations Division 6
Section 174
Schools Assistance Bill 2008 No. , 2008 129
1
Division 6--Regulations
2
174 Regulations
3
The Governor-General may make regulations prescribing matters:
4
(a) required or permitted by this Act to be prescribed; or
5
(b) necessary or convenient to be prescribed for carrying out or
6
giving effect to this Act.
7
Schedule 1 Current SES funding level
130 Schools Assistance Bill 2008 No. , 2008
Schedule 1--Current SES funding level
1
2
Note 1: See the definition of current SES funding level in section 4.
3
Note 2: SES score is short for Socio-Economic Status score. For the determination of a school's
4
SES score, see Division 11 of Part 4.
5
Note 3: AGSRC is short for Average Government School Recurrence Costs. The AGSRC for a
6
particular level of education is set out in section 36.
7
8
Current S ES funding level
Column 1
SES score
Column 2
Current S ES funding level
(% of AGS RC)
1
130 or greater
13.7
2
129
15.0
3
128
16.2
4
127
17.5
5
126
18.7
6
125
20.0
7
124
21.2
8
123
22.5
9
122
23.7
10
121
25.0
11
120
26.2
12
119
27.5
13
118
28.7
14
117
30.0
15
116
31.2
16
115
32.5
17
114
33.7
18
113
35.0
19
112
36.2
20
111
37.5
21
110
38.7
22
109
40.0
23
108
41.2
Current SES funding level Schedule 1
Schools Assistance Bill 2008 No. , 2008 131
Current S ES funding level
Column 1
SES score
Column 2
Current S ES funding level
(% of AGS RC)
24
107
42.5
25
106
43.7
26
105
45.0
27
104
46.2
28
103
47.5
29
102
48.7
30
101
50.0
31
100
51.2
32
99
52.5
33
98
53.7
34
97
55.0
35
96
56.2
36
95
57.5
37
94
58.7
38
93
60.0
39
92
61.2
40
91
62.5
41
90
63.7
42
89
65.0
43
88
66.2
44
87
67.5
45
86
68.7
46
85 or less
70.0
Schedule 1 Current SES funding level
Division 6 Regulations
Section 174
132 Schools Assistance Bill 2008 No. , 2008
1

 

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