Commonwealth Numbered Acts

States Grants (Schools Assistance) Act 1983 No. 119 of 1983 - SECT 24

24. (1) A reference in this section, on and after 1 January 1984, to the list
of non-systemic schools shall, subject to this section, be read as a reference
to-

   (a)  the list of non-systemic schools in force for the purposes of
        section 22 of the States Grants (Schools Assistance) Act 1982
        immediately before the commencing day, as varied by the exclusion of a
        school in respect of which the Minister-

        (i)    is satisfied that the school has undergone a substantial change
               in its character by reason of-

                (A)  a change in the location of the school that has resulted
                     or, is likely to result, in a substantially different
                     body of students attending the school; or

                (B)  the provision or proposed provision at the school of
                     education at a level other than a level at which
                     education was provided when the school was included in
                     that last-mentioned list, not being education provided in
                     accordance with a plan for the development of the school
                     that was publicly announced at the time of its
                     establishment; and

        (ii)   by notice in writing given before 1 January 1984 to the
               approved authority of the school, informs that authority that
               the Minister proposes to reconsider the inclusion of the school
               in the list of non-systemic schools; or

   (b)  if the list referred to in paragraph (a) is varied on or after the
        commencing day under sub-section (3), (6) or (7), that list as so
        varied.

(2) Where the approved authority in relation to a school received a notice
under sub-paragraph (1) (a) (ii) in relation to the school, the approved
authority may make such submissions, in writing, to the Minister as the
approved authority considers appropriate.

(3) Where the Minister is satisfied, in respect of a non-systemic school that
is situated in a State, being-

   (a)  a school-

        (i)    in relation to which a notice has been served under
               sub-paragraph (1) (a) (ii); or

        (ii)   that was not included in the list of non-systemic schools in
               force for the purposes of section 22 of the
               States Grants (Schools Assistance)  Act 1982 immediately before
               the commencing day; or

   (b)  if a school referred to in paragraph (a) provides education at more
        than one level-that school in so far as it provides education at a
        particular level,
that-

   (c)  the school has been recognized as a school by the State
        Education Minister of the State;

   (d)  the school is not conducted for the profit, direct or indirect, of an
        individual or individuals;

   (e)  the school has been the subject of adequate consultation with
        education authorities of the State;

   (f)  if the school is, or is to be, situated in an area other than a
        developing area-the school is not likely to have a significant adverse
        effect upon the viability of the existing government or
        non-government schools (if any) in that first-mentioned area; and

   (g)  the school has reasonable prospects of long term viability,
the Minister may, by notice published in the Gazette, vary the list of
non-systemic schools by adding to it that school, or that school in so far as
it provides education at that level, and, if the Minister makes such an
addition, the Minister shall in respect of the school so added, specify in the
notice of variation the level, being a level of assistance set out in column 1
of Schedule 8, at which financial assistance is to be provided under this
section to the school for the purpose of meeting recurrent expenditure of the
school in respect of the year 1984.

(4) The Minister shall, in determining for the purposes of sub-section (3) the
level at which financial assistance is to be provided under this section to a
school for the purpose of meeting recurrent expenditure of the school in
respect of the year 1984, have regard to the need of the school for such
assistance.

(5) The Minister shall, as soon as practicable after 31 December 1983, cause
the list of non-systemic schools, in a form approved by the Minister for the
purposes of this sub-section, to be published in the Gazette.

(6) The Minister may, having regard to any change in the need of a school for
financial assistance under this section for the purpose of meeting
recurrent expenditure of the school in respect of the year 1984, vary the list
of non-systemic schools by specifying, in the instrument of variation, in
respect of the school a different level, being a level of assistance set out
in column 1 of Schedule 8, at which financial assistance is to be provided
under this section to the school for the purpose of meeting recurrent
expenditure of the school in respect of the year 1984.

(7) The Minister may vary the list of non-systemic schools for the purpose of
correcting clerical errors or making alterations of a formal kind.

(8) The Minister shall cause a copy of any variation to the list of
non-systemic schools made under sub-section (6) or (7) to be published in the
Gazette.

(9) The Minister may authorize the payment to a State under this section, by
way of financial assistance to the State in respect of recurrent expenditure
of a non-systemic school situated in a State, being a school that is included
in the list of non-systemic schools, of such amounts as the Minister
determines, being amounts that do not exceed, in the aggregate, the sum of the
following amounts:

   (a)  an amount equal to the product of the amount specified in column 2 of
        Schedule 8 opposite to the level of assistance in column 1 of that
        Schedule that is the level of assistance specified in the list of
        non-systemic schools in relation to the school and the number of
        students receiving primary education at the school on the date (in
        paragraphs (b) and (c) referred to as
the ''census date'') that is the schools census date for that State or is such
other date as the Minister, in special circumstances, determines in relation
to the school;

   (b)  an amount equal to the product of the amount specified in column 3 of
        Schedule 8 opposite to the level of assistance in column 1 of that
        Schedule that is the level of assistance specified in the list of
        non-systemic schools in relation to the school and the number of
        students receiving secondary education at the school on the
        census date;

   (c)  if the school came or comes into existence (otherwise than by virtue
        of its ceasing to be a systemic school) in a year specified in column
        1 of Schedule 9, an amount equal to the sum of the following amounts:

        (i)    an amount equal to the product of the amount specified in
               column 2 of that Schedule opposite to that year and the number
               of students receiving primary education at the school on the
               census date;

        (ii)   an amount equal to the product of the amount specified in
               column 3 of that Schedule opposite to that year and the number
               of students receiving secondary education at the school on the
               census date;

   (d)  if the school is a school in need of short-term emergency assistance,
        an amount equal to such amount as the Minister, subject to section  25
        , determines to be the amount of additional assistance to be provided
        to the school for the purpose of meeting recurrent expenditure, in
        respect of the year 1984, of the school;

   (e)  if primary education or secondary education is provided at the school
        for part-time students as well as for full-time students, an amount
        equal to such amount (if any) as the Minister determines to be the
        amount of assistance to be provided to the school for the purpose of
        meeting recurrent expenditure, in respect of the year 1984, in
        connection with those part-time students.

(10) Financial assistance is granted to a State under this section in respect
of recurrent expenditure of a non-systemic school in the State on the
conditions that-

   (a)  subject to paragraph (b), the State will, without undue delay, pay to
        the approved authority of the school an amount equal to each amount
        paid to the State under this section in relation to the school, and,
        in making the payment, will describe the amount paid to the approved
        authority as a payment made out of moneys provided to the State by the
        Commonwealth under this section; and

   (b)  the State will not make a payment to the approved authority under this
        section unless the Commonwealth Education Minister furnishes a
        certificate to the State Education Minister for that State to the
        effect that the approved authority, has agreed with the Commonwealth
        to be bound by the following conditions:

        (i)    the approved authority will ensure that an amount equal to the
               sum of the amounts paid to the approved authority under this
               section is applied for the purpose of meeting
               recurrent expenditure, in respect of the year 1984, of the
               school;

        (ii)   if the school is a co-educational school-the approved authority
               will ensure that the benefits of, and the opportunities created
               by, the application of an amount equal to that amount for the
               purposes of that expenditure of the school, are as far as
               practicable, equally available to male and female students at
               the school;

        (iii)  the approved authority will cause to be furnished to the
               Commonwealth Education Minister (not later than 30 June 1985 or
               such later date as the Commonwealth Education Minister
               approves)-

                (A)  a certificate by a qualified accountant to the effect
                     that he has satisfied himself that the condition
                     specified in sub-paragraph (i) has been fulfilled; and

                (B)  a statement, in writing, that contains such information
                     in respect of recurrent expenditure of the school, and
                     such other financial and statistical information in
                     respect of the school, as is required by the
                     Commonwealth Education Minister to be so furnished;

        (iv)   if the approved authority does not fulfil a condition specified
               in sub-paragraph (i), (ii) or (iii), the authority will, if the
               Commonwealth Education Minister so determines, pay to the
               Commonwealth such amount (not being an amount greater than the
               sum of the amounts paid to the approved authority under this
               section) as the Commonwealth Education Minister determines
               should be paid by the approved authority.