Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 153, 2008
Compilation No. 4
Compilation date: 5 March 2016
Includes amendments up to: Act No. 126, 2015
Registered: 13 May 2016
About this compilation
This compilation
This is a compilation of the Schools Assistance Act 2008 that shows the text of the law as amended and in force on 5 March 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Simplified outline of Act
Part 2--Interpretation
Division 1--Definitions
Division 2--Other important concepts
5 Students receiving education at non-government schools
6 Meaning of funding level
7 Levels of education
8 Meaning of schools census day
9 Meaning of school campus census day
10 Meaning of nominated authority
Part 3--Authorisation of financial assistance
Division 1--Simplified outline of Part
11 Simplified outline
Division 2--Authorised financial assistance
12 Authorised financial assistance--funding agreements
13 Authorised financial assistance--schools must be approved
14 Authorised financial assistance--State recognition of schools etc.
15 Authorised financial assistance--financial viability
Division 3--Funding agreements
Subdivision A--Purpose of grants
16 Funding agreements--purpose of grants
Subdivision B--National school performance and transparency requirements
17 Funding agreements--national student assessments
18 Funding agreements--national reports on the outcomes of schooling
19 Funding agreements--individual school information
20 Funding agreements--reporting to parents etc.
21 Funding agreements--publication by schools of information relating to schools
22 Funding agreements--national curriculum
Subdivision C--Grant acquittal and reporting requirements
23 Funding agreements--acquittal of grants
24 Funding agreements--reports on programs and financial operations
Subdivision D--Monitoring, evaluation and compliance
25 Funding agreements--monitoring
26 Funding agreements--evaluation
27 Funding agreements--failure to comply
28 Funding agreements--unauthorised amounts
Subdivision E--Other provisions in funding agreements
29 Funding agreements--other provisions
Division 4--Conditions applying to the States
30 Conditions applying to the States--payment of financial assistance to non-government schools and bodies
31 Conditions applying to the States--requirement to repay amounts to Commonwealth
Division 5--Repayment of financial assistance
32 Repayment of financial assistance--relevant considerations
33 Repayment of financial assistance--recovery from States as debts
34 Repayment of financial assistance--failure by relevant authorities to repay amounts
Part 4--Grants for recurrent expenditure
Division 1--Simplified outline of Part
35 Simplified outline
Division 2--Average Government School Recurrent Costs
36 Average Government School Recurrent Costs--meaning of AGSRC
37 Average Government School Recurrent Costs--rounding-up per student funding amounts
Division 3--Current SES funding
38 Current SES funding--scope
39 Current SES funding--primary education funding determination
40 Current SES funding--primary education funding amounts
41 Current SES funding--secondary education funding determination
42 Current SES funding--secondary education funding amounts
Division 4--Maintained funding
43 Maintained funding--scope
44 Maintained funding--determination
45 Maintained funding--primary education funding amounts
46 Maintained funding--secondary education funding amounts
Division 5--Guaranteed year 2008 funding
47 Guaranteed year 2008 funding--scope
48 Guaranteed year 2008 funding--primary education funding determination
49 Guaranteed year 2008 funding--primary education funding amounts
50 Guaranteed year 2008 funding--secondary education funding determination
51 Guaranteed year 2008 funding--secondary education funding amounts
Division 6--Maximum SES funding
52 Maximum SES funding--scope
53 Maximum SES funding--meaning of majority Indigenous student school
54 Maximum SES funding--determination
55 Maximum SES funding--primary education funding amounts
56 Maximum SES funding--secondary education funding amounts
Division 7--Distance education funding
57 Distance education funding--primary distance education funding amounts
58 Distance education funding--secondary distance education funding amounts
Division 8--Remoteness loading
59 Remoteness loading--scope
60 Remoteness loading--primary education funding determination
61 Remoteness loading--primary education funding amounts
62 Remoteness loading--secondary education funding determination
63 Remoteness loading--secondary education funding amounts
Division 9--Indigenous supplementary assistance
64 Indigenous supplementary assistance--scope
65 Indigenous supplementary assistance--definitions
66 Indigenous supplementary assistance--primary education funding determination
67 Indigenous supplementary assistance--primary education funding amounts
68 Indigenous supplementary assistance--secondary education funding determination
69 Indigenous supplementary assistance--secondary education funding amounts
Division 10--Indigenous funding guarantee
70 Indigenous funding guarantee--funding determination
71 Indigenous funding guarantee--funding amounts
Division 11--SES scores
Subdivision A--Definition
72 SES scores--definition
Subdivision B--SES scores under former Act
73 SES scores--transitional determinations
74 SES scores--transitional guidelines
Subdivision C--Change of SES score determinations
75 SES scores--determination of changes
Subdivision D--SES score changes on application by school
76 SES scores--change proposals
77 SES scores--change applications
78 SES scores--decisions on change proposals
79 SES scores--general prerequisites for change proposals
80 SES scores--variation of determinations
Subdivision E--Miscellaneous
81 SES scores--clerical or formal changes
82 SES scores--notice of determinations
Part 5--Grants for capital expenditure
83 Capital expenditure--definitions
84 Capital expenditure--funding determination
85 Capital expenditure--capital expenditure supplementation number
Part 6--Grants for targeted expenditure
Division 1--Simplified outline of Part
86 Simplified outline
Division 2--Short term emergency assistance
87 Short term emergency assistance--funding determination
Division 3--Education in country areas
88 Education in country areas--funding determination
Division 4--Languages education
89 Languages education--improving learning outcomes
90 Languages education--national projects
91 Languages education--grant amounts
Division 5--Teaching English to new arrivals
92 Teaching English to new arrivals--definitions
93 Teaching English to new arrivals--funding determination
94 Teaching English to new arrivals--eligible new arrivals amounts
95 Teaching English to new arrivals--eligible humanitarian new arrivals amounts
Division 6--Literacy, numeracy and special learning needs
96 Literacy, numeracy and special learning needs--students with disabilities
97 Literacy, numeracy and special learning needs--students who are educationally disadvantaged
98 Literacy, numeracy and special learning needs--school grants amounts
99 Literacy, numeracy and special learning needs--guarantee amounts
Division 7--Establishment assistance
100 Establishment assistance--funding determination
Division 8--Targeted expenditure supplementation number
101 Targeted expenditure supplementation number
Part 7--Approved schools
Division 1--Simplified outline of Part
102 Simplified outline
Division 2--Approved schools
103 Approved schools--definition
Division 3--Former listed schools
104 Former listed schools
Division 4--Approved school determinations
Subdivision A--Scope of Division
105 Approved school determinations--new school proposals
Subdivision B--Applications
106 Approved school determinations--new school applications
107 Approved school determinations--decisions on new school proposals
108 Approved school determinations--general prerequisites for new school proposals
109 Approved school determinations--prerequisites for new school proposals applying in previous program years
Subdivision C--Making approved school determinations
110 Approved school determinations--power to determine
111 Approved school determinations--contents
Division 5--Changes to approved school determinations
Subdivision A--General provisions
112 Changes to approved school determinations--power to determine
Subdivision B--End of State recognition
113 Changes to approved school determinations--end of State recognition
Subdivision C--Location changes
114 Changes to approved school determinations--location change proposals
115 Changes to approved school determinations--location change applications
116 Changes to approved school determinations--decisions on location change proposals
117 Changes to approved school determinations--general prerequisites for location change proposals
118 Changes to approved school determinations--prerequisites for location change proposals applying in previous program years
119 Changes to approved school determinations--location changes
Subdivision D--Miscellaneous
120 Changes to approved school determinations--clerical or formal changes
Division 6--Revoking approved school determinations
121 Revoking approved school determinations--power to determine
122 Revoking approved school determinations--schools ineligible for funding
Division 7--Miscellaneous
123 Minister to give notice of determinations to approved authorities
124 Determinations may be given retrospective effect
125 Publication of list of funded schools
Part 8--Approved school systems
Division 1--Simplified outline of Part
126 Simplified outline
Division 2--Approved school systems
127 Approved school systems--definitions
Division 3--Former approved school systems
128 Former approved school systems
Division 4--Approved school system determinations
129 Approved school system determinations--power to determine
130 Approved school system determinations--contents
Division 5--Changes to approved school system determinations
Subdivision A--General provisions
131 Changes to approved school system determinations--power to determine
Subdivision B--New members of systems
132 Changes to approved school system determinations--new member proposals
133 Changes to approved school system determinations--new member applications
134 Changes to approved school system determinations--decisions on new member proposals
135 Changes to approved school system determinations--prerequisites for new member proposals
136 Changes to approved school system determinations--new member changes
Subdivision C--Ending membership
137 Changes to approved school system determinations--proposals to end membership
138 Changes to approved school system determinations--applications to end membership
139 Changes to approved school system determinations--decisions on proposals to end membership
140 Changes to approved school system determinations--prerequisites for proposals to end membership
141 Changes to approved school system determinations--ending membership
Subdivision D--Miscellaneous
142 Changes to approved school system determinations--clerical or formal changes
Division 6--Revoking approved school system determinations
143 Revoking approved school system determinations--power to determine
144 Revoking approved school system determinations--systems stopped existing
Division 7--Miscellaneous
145 Minister to give notice of determinations to approved authorities
146 Determinations may be given retrospective effect
147 Publication of list of approved school systems
Part 9--Approved authorities
Division 1--Simplified outline of Part
148 Simplified outline
Division 2--Approved authorities
149 Approved authorities--definition
Division 3--Former approved authorities
150 Former approved authorities
Division 4--Approved authority determinations
151 Approved authority determinations--power to determine
Division 5--Changes to approved authority determinations
152 Changes to approved authority determinations--power to determine
153 Changes to approved authority determinations--clerical or formal changes
Division 6--Revoking approved authority determinations
Subdivision A--General provisions
154 Revoking approved authority determinations--power to determine
Subdivision B--Change of authorities
155 Revoking approved authority determinations--change of authorities
156 Revoking approved authority determinations--change of authority proposals
157 Revoking approved authority determinations--decisions on change of authority proposals
158 Revoking approved authority determinations--prerequisites for change of authority proposals
159 Revoking approved authority determinations--change of authority
Division 7--Miscellaneous
160 Minister to give notice of determinations to approved authorities
161 Determinations may be given retrospective effect
Part 10--Miscellaneous
Division 1--Timing and amounts of financial assistance
162 Timing and amounts of financial assistance--general
163 Timing and amounts of financial assistance--advances
164 Timing and amounts of financial assistance--determinations
Division 2--False or misleading statements
165 False or misleading statements--reduction of payments
166 False or misleading statements--variation of SES score
Division 3--Appropriation and borrowings
167 Appropriation
168 Borrowings for capital expenditure
Division 4--Administration
169 Administration--determinations and approvals
170 Administration--general power to vary or revoke determinations and approvals
171 Administration--delegation
172 Administration--annual report by Minister
Division 5--Overseas students
173 Overseas students not covered
Division 6--Regulations
174 Regulations
Schedule 1--Current SES funding level
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
153, 2008 | 11 Dec 2008 | 1 Jan 2009 |
| |
5, 2011 | 22 Mar 2011 | Sch 8 (items 6-9): 19 Apr 2011 | -- | |
Schools Assistance Amendment (Financial Assistance) Act 2011 | 26, 2011 | 21 Apr 2011 | 22 Apr 2011 | -- |
122, 2011 | 14 Oct 2011 | 15 Oct 2011 | -- | |
Australian Education (Consequential and Transitional Provisions) Act 2013 | 68, 2013 | 27 June 2013 | Sch 1 (items 5, 6): 1 Jan 2014 (s 2(1) item 2) | -- |
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015 | 126, 2015 | 10 Sept 2015 | Sch 1 (items510-515): 5 Mar 2016 (s 2(1) item 2) | -- |
Provision affected | How affected |
Title.................... | am. No. 26, 2011 |
Part 1 |
|
s. 3..................... | am. No. 26, 2011; No 68, 2013 |
Part 2 |
|
Division 1 |
|
s. 4..................... | am. No. 26, 2011; No 68, 2013 |
Part 3 |
|
Division 2 |
|
s 15.................... | am No 126, 2015 |
Division 3 |
|
Subdivision B |
|
s 17.................... | am No 126, 2015 |
s. 22.................... | rs. No. 122, 2011 |
| am No 126, 2015 |
Part 4 |
|
Division 9 |
|
s 67.................... | am No 126, 2015 |
s 69.................... | am No 126, 2015 |
Division 10 |
|
s. 71.................... | am. No. 26, 2011 |
Part 5 |
|
s 85.................... | am No 126, 2015 |
Part 6 |
|
Division 5 |
|
s 92.................... | am No 126, 2015 |
Part 10 |
|
Division 2 |
|
s 165................... | am. No. 5, 2011; No 126, 2015 |
s 166................... | am. No. 5, 2011 |
Division 5 |
|
s 173................... | am No 126, 2015 |