Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1977 No. 157, 1977 - SECT 4

4. (1) Where-

   (a)  the students, or a substantial number of the students, at a government
        school in a State are members of a community that is, for social,
        economic, ethnic, geographic, cultural or lingual reasons, or for
        similar reasons, of such a kind that the capacity of the students to
        take advantage of educational opportunities ordinarily available at
        schools in the State is below average; and

   (b)  the State Education Minister for the State is of the opinion that-

        (i)    the school should, for any of the reasons referred to in
               paragraph (a), be treated as a disadvantaged school for the
               purposes of this Act; and

        (ii)   the total number of students at that school, and at other
               schools in the State that are or may become
               government disadvantaged schools, is not, and will not be, at
               any time during the year to which this Act applies, greater
               than the number of students that the
               Commonwealth Education Minister, under sub-section (3), has
               informed the State Education Minister is the approved maximum
               number of students in relation to government disadvantaged
               schools in that State in respect of that year, the
               State Education Minister may notify the
               Commonwealth Education Minister that the school should, in the
               opinion of the State Education Minister, be treated as a
               disadvantaged school for the purposes of this Act.

(2) Where-

   (a)  the students, or a substantial number of the students, at a
        non-government school in a State are members of a community that is,
        for social, economic, ethnic, geographic, cultural or lingual reasons,
        or for similar reasons, of such a kind that the capacity of the
        students to take advantage of educational opportunities ordinarily
        available at schools in the State is below average; and

   (b)  the Commonwealth Education Minister is of the opinion that the school
        should, for any of the reasons referred to in paragraph (a), be
        treated as a disadvantaged school for the purposes of this Act, the
        Commonwealth Education Minister may declare the school to be a
        disadvantaged school for the purposes of this Act.

(3) As soon as practicable after the commencement of this Act, the
Commonwealth Education Minister shall determine, in relation to each State,
the number of students that is, for the purposes of sub-section (1), the
approved maximum number of students in relation to government disadvantaged
schools in the State in respect of the year to which this Act applies, and
shall notify the State Education Minister of that number.

(4) Where-

   (a)  the students, or a substantial number of the students, receiving
        primary education or secondary education in a country area of a State
        are members of a community that is, for geographic, social, economic
        or cultural reasons, or for similar reasons, of such a kind that the
        capacity of the students to take advantage of educational
        opportunities ordinarily available at schools in the State is below
        average;

   (b)  the State Education Minister for the State notifies the Commonwealth
        Education Minister of that fact; and

   (c)  the Commonwealth Education Minister is of the opinion that the area
        should, for any of the reasons referred to in paragraph (a), be
        treated as a disadvantaged country area for the purposes of this Act,
        the Commonwealth Education Minister may declare the area to be a
        disadvantaged country area for the purposes of this Act.

(5) Where the Minister is of the opinion that-

   (a)  there is ordinarily included amongst the students at a non- systemic
        school in a State a substantial number of students from the country;
        and

   (b)  the school is, by reason of a decline in enrolment at the school of
        students of that kind or for any other reason related (in whole or in
        part) to the enrolment at the school of students of that kind, in
        special need of short-term emergency assistance, the Minister may
        declare the school to be, for the purposes of this Act, a
        school in need of short-term emergency assistance.

(6) Where the Minister is satisfied that-

   (a)  the membership of an education centre is not restricted to teachers or
        teachers of a particular kind and the centre provides opportunities
        for parents of students at schools, and other persons interested in
        education, to take part in, and to assist in, activities of the
        centre; or

   (b)  an education centre was an approved education centre for the purposes
        of Part VI of the States Grants (Schools) Act 1976, the Minister may
        approve the education centre for the purposes of this Act.

(7) Where, immediately before the commencing day, a government school in a
State was a disadvantaged school within the meaning of the States Grants 
(Schools Assistance) Act 1976 , the State Education Minister for the State
shall, upon the commencement of this Act, be deemed to have notified the
Commonwealth Education Minister, in writing, under sub-section (1) of this
section, that the school should, in the opinion of the State Education
Minister, be treated as a disadvantaged school for the purposes of this Act.

(8) For the purposes of this Act, where, immediately before the commencing
day, a declaration was in force for the purposes of sub- section 4 (2) or (4)
of the States Grants (Schools Assistance) Act 1976, the declaration shall,
upon the commencement of this Act, be deemed to be a declaration made under
sub-section (2) or (4) of this section, as the case requires.

(9) For the purposes of this Act, where, immediately before the commencing
day, an approval was in force for the purposes of section 34 of the States 
Grants (Schools Assistance) Act 1976 , the approval shall, upon the
commencement of this Act, be deemed to be an approval given under sub-section
(6) of this section.