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STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1984 No. 126 of 1984 - SECT 28
Grants for recurrent expenditure of systemic schools
28. (1) 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 an approved school system in the State in respect of a year to
which this section applies, 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-
(i) an amount being-
(A) the amount specified in the column of Part II of Schedule
9 that relates to that year opposite to the reference to
the level of assistance in column 1 of that Part that is
the level of assistance specified in the list of
approved school systems in relation to that
approved school system in that year; or
(B) if the approved school system was included in the list of
approved school systems referred to in section 23 of the
States Grants (Schools Assistance) Act 1983 and the
amount specified in column 2 of Schedule 8 to that Act
opposite to the reference to the level of assistance in
column 1 of that Schedule that is the level of assistance
specified in that list in relation to that
approved school system is a greater amount than the
amount referred to in sub-sub-paragraph (A)-that greater
amount; and
(ii) the number of students receiving primary education at systemic
schools in the approved school system on the
schools census date for that year or on such other date as the
Minister, in special circumstances, determines for the purposes
of this sub-paragraph in relation to the approved school system
in respect of that year;
(b) an amount equal to the product of-
(i) an amount being-
(A) the amount specified in the column of Part IV of Schedule
9 that relates to that year opposite to the reference to
the level of assistance in column 1 of that Part that is
the level of assistance specified in the list of
approved school systems in relation to that
approved school system in that year; or
(B) if the approved school system was included in the list of
approved school systems referred to in section 23 of the
States Grants (Schools Assistance) Act 1983 and the
amount specified in column 3 of Schedule 8 to that Act
opposite to the reference to the level of assistance in
column 1 of that Schedule that is the level of assistance
specified in that list in relation to that
approved school system is a greater amount than the
amount referred to in sub-sub-paragraph (A)-that greater
amount; and
(ii) the number of students receiving secondary education at
systemic schools in the approved school system on the
schools census date for that year or on such other date as the
Minister determines for the purposes of this sub-paragraph in
relation to the approved school system in respect of that year;
(c) if primary education is provided at any systemic school in the
approved school system for part-time students as well as full-time
students, an amount equal to such amount (if any) as the Minister
determines to be the amount of financial assistance to be provided to
the approved school system for the purposes of meeting
recurrent expenditure, in respect of that year, in connection with
those part-time students;
(d) if secondary education is provided at any systemic school in the
approved school system 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 financial assistance to be provided to
the approved school system for the purposes of meeting
recurrent expenditure in respect of that year, in connection with
those part-time students;
(e) if the amount specified in the column of Part I of Schedule 9 that
relates to that year opposite to the reference to the level of
assistance in column 1 of that Part that is the level of assistance in
relation to the approved school system in that year exceeds the amount
specified in the column of Part II of Schedule 9 that relates to that
year opposite to the reference in column 1 of that second-mentioned
Part to that level of assistance-an additional amount equal to the
product of the amount (if any) determined by the Minister under
sub-section (2), or in a resource agreement entered into under
sub-section (3), for the purposes of this paragraph in relation to the
approved school system in respect of that year and the number of
students receiving primary education at systemic schools in the
approved school system on the schools census date for that year or on
such other date as the Minister determines for the purposes of
sub-paragraph (a) (ii) in relation to the approved school system in
respect of that year;
(f) if the amount specified in the column of Part III of Schedule 9 that
relates to that year opposite to the reference to the level of
assistance in column 1 of that Part that is the level of assistance in
relation to the approved school system in that year exceeds the amount
specified in the column of Part IV of Schedule 9 that relates to that
year opposite to the reference in column 1 of that second-mentioned
Part to that level of assistance-an additional amount equal to the
product of the amount (if any) determined by the Minister under
sub-section (2), or in a resource agreement entered into under
sub-section (3), for the purposes of this paragraph in relation to the
approved school system in respect of that year and the number of
students receiving secondary education at systemic schools in the
approved school system on the schools census date for that year or on
such other date as the Minister determines for the purposes of
sub-paragraph (b) (ii) in relation to the approved school system in
respect of that year;
(g) if, in the opinion of the Minister, the school came into existence as
a school before 1 January 1985, or comes into existence as a school on
or after that date and is situated in a developing area, in a year
specified in column 1 of Part I of Schedule 10-an amount equal to the
product of the amount (if any) specified in the column of that Part
that relates to the year first referred to in this sub-section
opposite to the reference to the year so specified in column 1 of that
Part and the number, if any, of students receiving primary education
at the school on the schools census date for the year first referred
to in this sub-section or on such other date as the Minister, in
special circumstances, determines for the purposes of this paragraph
in relation to the school in respect of the year first referred to in
this sub-section;
(h) if, in the opinion of the Minister, the school came into existence as
a school before 1 January 1985, or comes into existence as a school on
or after that date and is situated in a developing area, in a year
specified in column 1 of Part II of Schedule 10-an amount equal to the
product of the amount (if any) specified in the column of that Part
that relates to the year first referred to in this sub-section
opposite to the reference to the year so specified in column 1 of that
Part and the number, if any, of students receiving secondary education
at the school on the schools census date for the year first referred
to in this sub-section or on such other date as the Minister, in
special circumstances, determines for the purposes of this paragraph
in relation to the school in respect of the year first referred to in
this sub-section.
(2) The Minister may determine an amount under this sub-section in relation to
a non-systemic school in respect of a year for the purposes of paragraph (1)
(e) or (f), and, for the purpose of so doing, the Minister may require the
approved authority of the school to furnish to the Commonwealth, by 1 January
of that year or such later date as the Minister determines in respect of that
year a statement, in a form approved by the Minister, setting out, in respect
of that year, the manner in which the school proposes to apply an amount equal
to the estimated total of all amounts of financial assistance that may be
provided under this section to the State in which the school is situated in
respect of the school in respect of that year.
(3) The Commonwealth and the approved authority of an approved school system
may, before 1 January of the year 1986, 1987 or 1988 or such later date as the
Minister determines in respect of that year, enter into an agreement, to be
called a "resource agreement", in respect of that year, relating to particular
areas of expenditure, or to a particular area of expenditure, of a recurrent
nature in relation to the provision of primary education at systemic schools
in the approved school system, the provision of secondary education at
systemic schools in the approved school system, or the provision of primary
and secondary education at systemic schools in the approved school system, in
respect of that year whereby-
(a) an amount is determined for the purposes of paragraph (1) (e) or (f),
or amounts are determined for the purposes of both of those
paragraphs, in relation to the approved school system in respect of
that year; and
(b) the approved authority of the approved school system agrees that it
will undertake expenditure at certain levels, or at a certain level,
(whether expressed as a per capita rate per student or otherwise) in
that year, on each of the particular areas of expenditure, or on the
particular area of expenditure, to which the agreement relates.
(4) An amount determined by the Minister under sub-section (2), or in a
resource agreement entered into under sub-section (3), for the purposes of
paragraph (1) (e) in relation to an approved school system in respect of a
year to which this section applies, shall not exceed the least of-
(a) an amount equal to the amount by which the amount specified in the
column of Part I of Schedule 9 that relates to that year opposite to
the reference to the level of assistance in column 1 of that Part that
is the level of assistance specified in the list of
approved school systems in relation to that approved school system in
that year exceeds the amount specified in the column of Part II of
that Schedule that relates to that year opposite to the reference in
column 1 of that second-mentioned Part to that level of assistance;
(b) if the approved school system is included in the list of approved
school systems referred to in section 23 of the
States Grants (Schools Assistance) Act 1983 and the amount first
referred to in paragraph (a) exceeds the amount (in this sub-section
referred to as the "1984 amount") specified in column 2 of Schedule 8
to that Act opposite to the reference to the level of assistance in
column 1 of that Schedule that is the level of assistance specified in
the list first referred to in this paragraph in relation to that
approved school-the amount of that excess; and
(c) if the approved school system is included in the list first referred
to in paragraph (b) and the amount first referred to in paragraph (a)
is less than, or equal to, the 1984 amount-a nil amount.
(5) An amount determined by the Minister under sub-section (2), or in a
resource agreement entered into under sub-section (3), for the purposes of
paragraph (1) (f) in relation to an approved school system in respect of a
year to which this section applies, shall not exceed the least of-
(a) an amount equal to the amount by which the amount specified in the
column of Part III of Schedule 9 that relates to that year opposite to
the reference to the level of assistance in column 1 of that Part of
that Schedule that is the level of assistance specified in the list of
approved school systems in relation to that approved school system in
that year exceeds the amount specified in the column of Part IV of
that Schedule that relates to the year opposite to the reference in
column 1 of that second-mentioned Part to that level of assistance;
(b) if the approved school system is included in the list of approved
school systems referred to in section 23 of the
States Grants (Schools Assistance) Act 1983 and the amount first
referred to in paragraph (a) exceeds the amount (in this sub-section
referred to as the "1984 amount") specified in column 3 of Schedule 8
to that Act opposite to the reference to the level of assistance in
column 1 of Schedule 8 to that Act that is the level of assistance
specified in the list first referred to in this paragraph in relation
to that approved school system-the amount of that excess; and
(c) if the approved school system is included in the list first referred
to in paragraph (b) and the amount first referred to in paragraph (a)
is less than, or equal to, the 1984 amount-a nil amount.
(6) Financial assistance is granted to a State under this section in respect
of recurrent expenditure of an approved school system in the State in a year
to which this section applies on the conditions that-
(a) subject to paragraph (b), the State will, without undue delay, pay to
the approved authority of the approved school system an amount equal
to each amount paid to the State under this section in relation to the
approved school system in respect of that year, 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 of the
approved school system under this section in respect of that year
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 in respect of that
year, or in respect of a number of years including that year, 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 in respect of that year is applied, in such respective
proportions as the Commonwealth Education Minister determines,
for the purposes of meeting recurrent expenditure in respect of
that year of-
(A) each of the systemic schools in the
approved school system; and
(B) the approved authority;
(ii) the approved authority will ensure that the benefits of, and
the opportunities created by, the application of an amount
equal to so much of that amount as is applied in that year for
the purpose of meeting recurrent expenditure of
co-educational schools, and of the approved authority in
respect of those schools, are, as far as practicable, equally
available to male students and female students at those
schools;
(iii) the approved authority will cause to be furnished to the
Commonwealth Education Minister (not later than 30 June in the
year following that year or such later date as the
Commonwealth Education Minister approves) a
certificate by a person who is a qualified accountant to the
effect that the person is satisfied that the condition
specified in sub-paragraph (i) has been fulfilled in respect of
the amount so granted in that year;
(iv) the approved authority will cause to be furnished to the
Commonwealth Education Minister (not later than 30 June in the
year following that year or such later date as the
Commonwealth Education Minister approves) a statement in
writing, in a form approved by the Minister, that contains
particulars of such of the following matters as the Minister
specifies:
(A) all forms of income received by the approved authority
and the systemic schools in the approved school system in
that year;
(B) all expenditure (whether of a recurrent or capital
nature) of the approved authority and the
systemic schools in the approved school system in that
year;
(C) the number of teachers and other persons engaged either
in a full-time or a part-time capacity at
systemic schools in the school system that provided
primary or secondary education in that year;
(D) the number of primary school students and secondary
school students, and part-time primary and secondary
school students attending systemic schools in the
approved school system in that year;
(E) the manner in which the amount applied in pursuance of
the condition specified in sub-paragraph (i) has been
applied by the approved authority and by systemic schools
in the approved school system;
(F) the policy of the approved authority in relation to the
enrolment of students in systemic schools in the
approved school system;
(G) the ownership of capital assets primarily used by
systemic schools in the approved school system;
(H) the fees and other compulsory charges levied by
systemic schools in the approved school system;
(J) the system of governance of systemic schools in the
approved school system;
(K) the objectives of the approved authority and of
systemic schools in the approved school system;
(L) so far as the year 1986, 1987 or 1988 is concerned-the
total expenditure of systemic schools in the
approved school system in respect of that year in
relation to each of the particular areas of expenditure,
or to the particular area of expenditure, the subject of
a resource agreement entered into by the Commonwealth and
the State in respect of that year in relation to the
provision of primary and secondary education at systemic
schools in the approved school system;
(v) if the approved authority does not fulfil a condition specified
in sub-paragraph (i), (ii), (iii) or (iv), the
approved 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.
(7) Where, during a year to which this section applies-
(a) a school becomes included in the list of systemic schools that was,
before being so included, included on the list of
non-systemic schools; and
(b) the level at which financial assistance is payable in respect of the
approved school system to which the school belongs exceeds the level
at which financial assistance would have been payable in respect of
the school if it had remained on the list of non-systemic schools, the
Minister may, unless the approved authority of the
approved school system establishes, to the satisfaction of the
Minister, that the school has become a part of the
approved school system referred to in paragraph (b) for reasons that
are primarily directed to improving the quality of the education
provided at the school, direct that this section shall have effect for
the first-mentioned year and for each succeeding year (if any) to
which this section applies as if-
(c) the amount calculated under paragraph (1) (a) in respect of that year
were reduced by an amount equal to the difference between the part of
that amount so calculated that is referrable to the primary students
enrolled at that school in that year, and the amount that would have
been calculated under paragraph 29 (1) (a) in respect of that year if
the school had remained on the list of non-systemic schools; and
(d) the amount calculated under paragraph (1) (b) in respect of that year
were reduced by an amount equal to the difference between the amount
so calculated that is referrable to the secondary students enrolled in
the school in that year and the amount that would have been calculated
under paragraph 29 (1) (b) in respect of that year if the school had
remained on the list of non-systemic schools.
(8) This section applies to the years 1985, 1986, 1987 and 1988.
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