Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1982 NO. 129 OF 1982 - 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 1983, greater than the number of
               students that the Commonwealth Education Minister has, under
               sub-section (3), 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 1983, and shall notify the State
Education Minister of that number.

(4) Where, in the opinion of the State Education Minister for a State, a
country area of the State should be treated as a prescribed country area by
reason that the students, or a substantial number of the students, receiving
primary education or secondary education in the area would benefit from-

   (a)  programs of education designed to alleviate educational disadvantages
        arising from the restricted access of the students to social and
        cultural activities and to educational services; or

   (b)  experimental programs of education designed to improve the ways of
        providing educational services to students in country areas, the
        State Education Minister may notify the
        Commonwealth Education Minister that the area should, in the opinion
        of the State Education Minister, be treated as a
        prescribed country area for the purposes of this Act.

(5) Where the Minister is of the opinion that a non-government school in a
State is, by reason of some unexpected event or circumstance, in special need
of short-term emergency assistance, the Minister may declare the school to be
a school in need of short-term emergency assistance for the purposes of this
Act.

(6) Without limiting the generality of sub-section (5), where the Minister is
of the opinion that-

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

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

(7) Where the Minister is satisfied that 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, the Minister may approve the education centre for the purposes of this
Act.

(8) 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 1981 , the State Education Minister for the State
shall, on that day, be deemed to have notified the Commonwealth Education
Minister 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.

(9) 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) of the
States Grants (Schools Assistance) Act 1981, the declaration shall, on and
after that day, be deemed to be a declaration made under sub-section (2) of
this section.

(10) For the purposes of this Act, where, immediately before the commencing
day, an approval was in force for the purposes of sub-section 4 (6) of the
States Grants (Schools Assistance) Act 1981, the approval shall, on and after
that day, be deemed to be an approval given under sub-section (7) of this
section.