Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1984 No. 126 of 1984 - SECT 6

6. (1) In this Act-

   (a)  a reference to the list of systemic schools shall be construed as a
        reference to the list of systemic schools as in force for the purposes
        of the States Grants (Schools Assistance) Act 1983 immediately before
        the commencing day, or, if that list is varied after that day in
        accordance with this section, that list as so varied; and

   (b)  a reference to the list of approved school systems shall be construed
        as a reference to the list of approved school systems as in force for
        the purposes of the States Grants (Schools Assistance) Act 1983
        immediately before the commencing day, or, if that list is varied
        after that day in accordance with this section, that list as so
        varied.

(2) The Minister shall, where the Minister considers it appropriate to do so,
as soon as practicable after the commencing day, determine in writing that the
list of approved school systems be varied, with effect from a date specified
in the determination, including a date before the making of the determination,
by substituting for the level, denominated as level 1a, level 1b, level 2 or
level 3, at which financial assistance was provided in respect of the
approved school system under the States Grants (Schools Assistance) Act  1983 
a new level, denominated by a number between 1 and 12 (inclusive), at which
financial assistance is to be provided in respect of the approved school
system under this Act, and, where the Minister does so, the list shall, with
effect from that date, be deemed to be so varied.

(3) Where it is proposed, in relation to a systemic school, to initiate, at
any time during a year between 1986 and 1990 (inclusive)-

   (a)  a change in the location of the school or of any part of the school;
        or

   (b)  a change constituted by the provision of a new level of education at
        the school, the approved authority of the approved school system in
        which the school is included shall inform the Minister of the proposed
        change, by notice in writing given to the Minister-

   (c)  if the change is proposed to be initiated during the year 1986-not
        later than 1 year or such lesser period as the Minister, in special
        circumstances, allows before the commencement of that year; or

   (d)  if the change is proposed to be initiated during the year 1987, 1988,
        1989 or 1990-not later than 2 years or such lesser period as the
        Minister, in special circumstances, allows before the commencement of
        that year, setting out particulars of the proposed change and
        requesting that the list of systemic schools as in force for the
        purposes of this Act or of a subsequent schools assistance Act in
        force at the time of the proposed change be varied to include the
        school as so relocated or partly relocated or the school in so far as
        it provides a new level of education.

(4) Where the Minister has received notice of a proposed change to a school-

   (a)  in the case where that change is a change similar to the kind of
        change referred to in sub-section (3) but the change is proposed to be
        initiated during the year 1985-otherwise than under this Act and
        before 15 October 1984; or

   (b)  in a case where the change is proposed to be initiated during the year
        1986, 1987, 1988, 1989 or 1990-under and in accordance with
        sub-section (3), the Minister shall, by notice in writing given to the
        approved authority of the approved school system in which the school
        is included-

   (c)  if the Minister is satisfied that the change meets the criteria for
        acceptable changes to exisiting schools-inform the approved authority
        that the Minister is so satisfied and that the Minister provisionally
        approves the inclusion in the list of systemic schools of the school
        as so relocated or partly relocated or of the school in so far as it
        provides education at the proposed new level; or

   (d)  if the Minister is not so satisfied-inform the approved authority that
        he or she is not so satisfied and invite the approved authority to
        make, within such period as the Minister specifies, such submissions,
        in writing, in relation to the change, as the approved authority
        considers appropriate.

(5) Where the Minister invites an approved authority of an approved school
system, pursuant to sub-section (4), to make submissions in relation to a
proposed change to a school within a specified period, the Minister shall by
notice in writing given to the approved authority of the approved school
system-

   (a)  if the Minister becomes satisfied, having regard to any submissions
        that are made, that the change the subject of the submissions meets
        the criteria for acceptable change-inform the approved authority that
        the Minister is so satisfied and that the Minister provisionally
        approves the inclusion in the list of systemic schools of the school
        as so relocated or partly relocated or of the school in so far as it
        provides education at the proposed new level; or

   (b)  if the approved authority fails to make any submissions within the
        specified period or if the Minister, where the approved authority
        makes submissions within the specified period, after having regard to
        those submissions, does not become so satisfied in respect of the
        change-inform the approved authority accordingly.

(6) Where the approved authority of an approved school system initiates,
during a year to which section 28 applies, a change of the kind referred to in
paragraph (3) (a), or, so far as a change initiated during the year 1985 is
concerned, a change similar to a change so referred to, in respect of the
relocation or partial relocation of a systemic school included in that
approved school system-

   (a)  if the approved authority did not inform the Minister, in the manner
        referred to in sub-section (4), of the proposed change or if the
        Minister has informed the approved authority, pursuant to sub-section
        (5), that the Minister is not satisfied that the proposed change meets
        the criteria for acceptable change-the Minister may, by determination
        in writing, vary the list of systemic schools by removing the school
        from the list with effect from a date specified in the determination,
        including a date before the making of the determination, and, where
        the Minister does so, the list shall, with effect from that date, be
        deemed to be or to have been so varied; and

   (b)  if the Minister has informed the approved authority pursuant to
        sub-section (4) or (5) that the Minister provisionally approves the
        inclusion of the school as so relocated or partially relocated, in the
        list of systemic schools, the Minister shall, upon the Minister's
        becoming satisfied that the school, as so relocated, has been
        recognized by the State Education Minister of the State in which the
        school is situated, by determination in writing, vary the list of
        systemic schools by specifying that the school is listed as so
        relocated or partly relocated with effect from a date specified in the
        determination, including a date before the making of the
        determination, and, where the Minister does so, the list shall, with
        effect from that date, be deemed to be or to have been so varied.

(7) Where the approved authority of an approved school system initiates,
during a year to which section 28 applies, a change of the kind referred to in
paragraph (3) (b), or, so far as a change initiated during the year 1985 is
concerned, a change similar to a change so referred to, in respect of a
systemic school included in that approved school system and the Minister has
informed the approved authority pursuant to sub-section (4) or (5) that the
Minister provisionally approves the inclusion in the list of systemic schools
of the school, in so far as the school provides education at a new level, the
Minister shall, upon the Minister's becoming satisfied-

   (a)  that the school, in so far as it provides education at that level has
        been recognized by the State Education Minister of the State in which
        the school is situated; and

   (b)  that the school has, on the date that it is so recognized in so far as
        it provides education at that level, or on such later date as the
        Minister, in special circumstances, allows, a number of students at
        that level enrolled at that level that is not less than the number
        that is, in accordance with sub-section 3 (9), the minimum acceptable
        number of students for that level at that date, by determination in
        writing vary the list of systemic schools by including in the list
        that school in so far as it provides education at that level with
        effect from a date specified in the determination, including a date
        before the making of the determination, and, where the Minister does
        so, the list shall, with effect from that date, be deemed to be or to
        have been so varied.

(8) For the purposes of this section, the Minister shall be satisfied that a
proposed change in a systemic school meets the criteria for acceptable change
if, and only if, the Minister is satisfied that-

   (a)  in a case where the proposed change is a change of the kind referred
        to in paragraph (3) (b)-the change is being made in accordance with a
        plan for the development of the school that was publicly announced at
        the time of its establishment; or

   (b)  in the case of any proposed change of a kind referred to in
        sub-section (3) or of a change proposed to be initiated during the
        year 1985 that is similar to a change so referred to-

        (i)    the proposed change has been the subject of adequate
               consultation with education authorities of the State in which
               the school is situated;

        (ii)   if the change is proposed to be initiated in 1985 and the
               school concerned is situated within an area other than a
               developing area-the proposed change is not likely to have a
               significant adverse effect upon the viability of existing
               government and non-government schools (if any) in the
               first-mentioned area;

        (iii)  the school as proposed to be so changed has reasonable
               prospects of long-term viability; and

        (iv)   if the change is proposed to be initiated in 1986, 1987, 1988,
               1989 or 1990-the proposed change accords with such other
               requirements, if any, relating to changes to existing schools
               as are prescribed for the purposes of this sub-paragraph.

(9) Where-

   (a)  the approved authority of an approved school system seeks the
        provision of financial assistance from the Commonwealth commencing in
        a year between 1986 and 1990 (inclusive) in respect of-

        (i)    an existing school, or a new school, that is not included in
               the list of systemic schools; or

        (ii)   an existing school that is included in the list of
               systemic schools but that is not so included in so far as it
               provides education at a particular level, being a level at
               which the school has provided education at all times since it
               was included in the list of systemic schools as in force for
               the purposes of this Act or of any
               previous schools assistance Act; and

   (b)  the school will, after that financial assistance commences to be so
        provided, be included in the approved school system, the
        approved authority may make application to the Minister for the
        provision of such financial assistance commencing in that year by
        notice in writing accompanied by such particulars as will, in the
        opinion of the approved authority, permit the Minister to determine
        whether the school meets the criteria for receipt of financial
        assistance from the Commonwealth, given to the Minister-

   (c)  if it is proposed that financial assistance commence to be provided in
        respect of the school, or of the school in so far as it provides
        education at that level, during the year 1986-not later than 1 year,
        or such lesser period as the Minister, in special circumstances,
        allows, before the commencement of that year; and

   (d)  if it is proposed that financial assistance commence to be provided in
        respect of the school, or of the school in so far as it provides
        education at that level, during the year 1987, 1988, 1989 or 1990-not
        later than 2 years, or such lesser period as the Minister, in special
        circumstances, allows, before the commencement of that year, and
        request the Minister, in that notice, to consider the school, or the
        school in so far as it provides education at that level, for inclusion
        in the list of systemic schools as in force for the purposes of this
        Act or of any subsequent schools assistance Act in force at the time
        at which it is proposed that the financial assistance commence to be
        provided.

(10) Where-

   (a)  in a case where it is proposed that financial assistance commence to
        be provided in respect of a school, or in respect of a school in so
        far as it provides education at a particular level, during the year
        1985, (being a school that will, after that financial assistance
        commences to be so provided, be included in an
        approved school system)-the Minister has, otherwise than under this
        Act and before 1 July 1984, received an application from a person or
        body that became, for the purposes of this Act, the approved authority
        of that approved school system, seeking such financial assistance in
        respect of the school, or of the school in so far as it provides
        education at that level; or

   (b)  in a case where it is proposed that financial assistance commence to
        be provided in respect of a school, or in respect of a school in so
        far as it provides education at a particular level, during the year
        1986, 1987, 1988, 1989 or 1990-the Minister has received notice, under
        and in accordance with sub-section (9), from the approved authority of
        the approved school system in which it is intended that the school be
        included after the provision of that financial assistance, in respect
        of the school, or in respect of the school in so far as it provides
        education at that level, the Minister shall, by notice in writing
        given to the approved authority-

   (c)  if the Minister is satisfied that the school, or the school in so far
        as it provides, or proposes to provide, education at a particular
        level, meets the criteria for receipt of financial assistance from the
        Commonwealth-inform the approved authority that the Minister is so
        satisfied and that the Minister provisionally approves the inclusion
        of the school, or of the school in so far as it provides, or proposes
        to provide, education at that level, in the list of systemic schools;
        and

   (d)  if the Minister is not satisfied that the school, or the school in so
        far as it provides, or proposes to provide, education at a particular
        level, meets the criteria for receipt of financial assistance from the
        Commonwealth-inform the approved authority accordingly and invite the
        approved authority to make, within such period as the Minister
        specifies, such submissions relating to the proposed provision of
        financial assistance in respect of the school, or in respect of the
        school in so far as it provides, or proposes to provide, education at
        that level, as the approved authority considers appropriate.

(11) Where the Minister invites an approved authority, pursuant to sub-section
(10), to make submissions in respect of the proposed provision of financial
assistance from the Commonwealth in respect of a school, or of a school in so
far as it provides, or proposes to provide, education at a particular level,
within a prescribed period, the Minister shall, by notice in writing given to
the approved authority-

   (a)  if the Minister becomes satisfied, having regard to any submissions
        that are made, that the school, or the school in so far as it
        provides, or proposes to provide, education at a particular level,
        meets the criteria for the receipt of such financial assistance-inform
        the approved authority that the Minister is so satisfied and that the
        Minister provisionally approves the inclusion of the school, or the
        school in so far as it provides, or proposes to provide, education at
        that level, in the list of systemic schools; and

   (b)  if the approved authority fails to make any submissions within the
        specified period, or if the Minister, after having regard to any
        submissions made within that period, does not become satisfied that
        the school, or the school in so far as it provides, or proposes to
        provide, education at a particular level, meets the criteria for
        receipt of financial assistance from the Commonwealth-inform the
        approved authority accordingly.

(12) Where, pursuant to an application that financial assistance commence to
be provided in the year 1985, 1986, 1987 or 1988, in respect of a school, or a
school in so far as it provides education at a particular level, the Minister
has informed the approved authority of the approved school system in which the
school is, or will be, included, pursuant to sub-section (10) or (11), that
the Minister provisionally approves the inclusion of the school, or the school
in so far as it provides, or proposes to provide, education at that particular
level, in the list of systemic schools, the Minister shall, as soon as
practicable after the commencement of that year, upon the Minister's becoming
satisfied-

   (a)  that the school, or the school in so far as it provides education at
        that level, has been recognized by the State Education Minister of the
        State in which the school is situated;

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

   (c)  that the school has on the date when it is so recognized, or is so
        recognized in so far as it provides education at that level, or on
        such later date as the Minister in special circumstances, allows, a
        number of students enrolled at each level, or at that particular
        level, at which education is provided, that is not less than the
        number that is, in accordance with sub-section 3 (9), the minimum
        acceptable number of students for that level at that date, by
        determination in writing vary the list of systemic schools by
        including in the list that school, or that school in so far as it
        provides education at that level, with effect from a date specified in
        the determination, including a date before the making of the
        determination, and, where the Minister does so, the list shall be
        deemed, with effect from that date, to be or to have been so varied.

(13) For the purposes of this section, the Minister shall be satisfied that a
school, or a school in so far as it provides, or proposes to provide,
education at a particular level, meets the criteria for receipt of financial
assistance from the Commonwealth if and only if the Minister is satisfied
that-

   (a)  the school, or the provision of education at that level by the school,
        has been the subject of adequate consultation with education
        authorities of the State in which the school is situated;

   (b)  if it is proposed that financial assistance from the Commonwealth
        commence to be provided in respect of the school, or the school in so
        far as it provides, or proposes to provide, education at that level,
        during the year 1985 and the school is, or is to be, situated in an
        area other than a developing area-the school, or the school in so far
        as it provides, or proposes to provide, education at that level, is
        not likely to have a significant adverse effect on the viability of
        existing government or non-government schools (if any) in that
        first-mentioned area;

   (c)  the school, or the school in so far as it provides, or proposes to
        provide, education at that level, has reasonable prospects of
        long-term viability; and

   (d)  if it is proposed that financial assistance from the Commonwealth
        commence to be provided in respect of the school, or the school in so
        far as it provides, or proposes to provide, education at that level,
        during the year 1986, 1987, 1988, 1989 or 1990-the school, or the
        school in so far as it provides, or proposes to provide, education at
        that level, accords with such other requirements, if any, as are
        prescribed for the purposes of this paragraph.

(14) Where-

   (a)  in the case of a school included in the list of systemic schools with
        effect from 1 January 1985 or a later date-the number of students
        enrolled at the school at any level on any schools census date in a
        year to which section  28 applies; or

   (b)  in the case of a school included in the list of systemic schools with
        effect from 1 January 1985 or a later date in respect of the provision
        of education at a particular level-the number of students enrolled at
        that level on any schools census date in a year to which section 28
        applies, is less than the number that is, in accordance with
        sub-section 3 (9), the minimum acceptable number of students for that
        level at that schools census date, the Minister may, by notice in
        writing given to the approved authority of the approved school system
        in which that school is included, inform the approved authority that
        the Minister proposes, unless the approved authority establishes, by
        written submission made to the Minister within a period specified in
        the notice, that there is a special justification for the low
        enrolment, by determination in writing, to vary the list of
        systemic schools in a manner referred to in sub-section (17).

(15) Where-

   (a)  the Minister is satisfied that the total expenditure of a recurrent
        nature during a year to which section 28 applies in respect of all the
        systemic schools in an approved school system from income received in
        respect of all those schools in respect of that year from sources
        other than the Commonwealth Government or the Government of a State
        has not been maintained at an adequate level having regard to the
        level of such expenditure during the year 1983 or, in a case where the
        approved school system has been or is included in the list of
        approved school systems as in force for the purposes of a
        previous schools assistance Act, or this Act, after 1983, during the
        first full year for which data relating to the level of such
        expenditure in respect of systemic schools included in that
        approved school system is available, and to any other matters that the
        Minister considers relevant; and

   (b)  the relevant income of the approved school system (as calculated in
        accordance with the method specified for the purpose under sub-section
        3 (11)) in respect of the most recent year for which data is available
        to the Commonwealth did not exceed-

        (i)    if education was provided by the systemic schools included in
               the approved school system during that year at only one
               level-the product of the amount that is specified, in
               accordance with sub-section 3 (10), to be the community
               standard in relation to that last-mentioned year at the level
               at which education was provided and the sum of the number of
               students enrolled at those schools at that level on the
               schools census date for that year; or

        (ii)   if education was provided during that year by the
               systemic schools included in the approved school system at more
               than one level-the aggregate of the respective products
               referred to in sub-paragraph (i) for each level at which
               education was provided by the schools, the Minister may, by
               notice in writing, inform the approved authority of the
               approved school system that, unless the approved authority
               establishes, by written submission made to the Minister within
               a period specified in the notice that there is a special
               justification for the level of such expenditure during the year
               that is first-mentioned in paragraph (a), the Minister may take
               account of the failure so to maintain the level of such
               expenditure in considering any variation of the level of
               assistance specified in respect of that approved school system
               in the list of approved school systems.

(16) Where the approved authority of an approved school system may, pursuant
to sub-section (14) or (15), make submissions to the Minister within a
specified period, the Minister shall, by notice in writing given to the
approved authority-

   (a)  if the Minister becomes satisfied, having regard to the submissions
        that are made, that there exists a special justification for the
        matter the subject of the submission-inform the approved authority
        accordingly; and

   (b)  if the approved authority fails to make any submissions within the
        specified period or if the Minister, where the approved authority
        makes submissions within the specified period, after having regard to
        those submissions, does not become so satisfied-inform the
        approved authority that he or she is not so satisfied.

(17) Where the Minister gives an approved authority of an approved school
system a notice under paragraph (16) (b)-

   (a)  if the notice is given in respect of a low enrolment at a systemic
        school in the approved school system-the Minister, may by
        determination in writing, vary the list of systemic schools-

        (i)    by removing the school from that list; or

        (ii)   by specifying that the school is listed only in respect of a
               specified level of education provided at the school,
with effect from the expiration of the 31 December next following the making
of the determination and, where the Minister does so, the list shall be
deemed, with effect from the expiration of that day, to be so varied; or

   (b)  if the notice is given in respect of a failure to maintain a level of
        recurrent expenditure from income of the systemic schools in the
        approved school system of the kind described in paragraph (15) (a)-the
        Minister may at any time during a year to which section 28 applies
        take account of the failure so to maintain the level of such
        expenditure in considering any variation of the level of assistance
        specified in respect of that approved school system in the list of
        approved school systems.

(18) The Minister may, having regard to any significant change in the need of
an approved school system for financial assistance, including a change in the
need of the approved school system arising by reason of the inclusion in or
exclusion from the list of systemic schools of a school, or a school in so far
as it provides education at a particular level, by determination in writing,
vary the list of approved school systems, by specifying, in the instrument of
variation, in respect of the approved school system, a different level at
which financial assistance is to be provided in respect of the
approved school system for the purpose of meeting recurrent expenditure of the
approved school system and, where the Minister does so, the variation of the
list as so in force shall, unless the Minister, in special circumstances,
specifies in his or her determination that it should take effect from the 1
January preceding the making of the determination, take effect from the
expiration of the 31 December next following the making of the determination.

(19) A school system shall, for so long as it is declared by the Minister, for
the purposes of this Act, to be an approved school system, be deemed to be
included in the list of approved school systems that is in force from time to
time for the purposes of this Act.

(20) The Minister shall, as soon as practicable after 31 December 1984 and 31
December of each year to which section 28 applies, and may, at such other
times as the Minister considers appropriate, cause the list of systemic
schools, and the list of approved school systems, in a form approved by the
Minister for the purposes of this section, to be published in the Gazette.

(21) The Minister may vary the list of systemic schools or the list of
approved school systems for the purpose of correcting clerical errors or
making alterations of a formal kind.

(22) Where-

   (a)  the Minister is satisfied that the average rate of increase of fees
        and other compulsory charges of the systemic schools in an
        approved school system during a year to which section 28 applies is
        excessive having regard to general movements in wages and prices
        during that year and any other matters that the Minister considers
        relevant; and

   (b)  the income from private sources of that approved school system (as
        calculated in accordance with the method specified for the purpose
        under sub-section 3 (11)) in respect of the most recent year for which
        data is available to the Commonwealth exceeds-

        (i)    if education was provided by the systemic schools included in
               the approved school system during that year at only one
               level-the product of the amount that is specified, in
               accordance with sub-section 3 (10), to be the community
               standard in relation to that last-mentioned year at the level
               at which education is provided and the sum of the number of
               students enrolled at those schools at that level on the
               schools census date for that year; or

        (ii)   if education was provided by the systemic schools included in
               the approved school system during that year at more than one
               level-the aggregate of the respective products referred to in
               sub-paragraph (i) for each level at which education was so
               provided,
the Minister may, by notice in writing, inform the approved authority of the
approved school system that, unless the approved authority provides to the
Minister a special justification for the increase, the Minister may take that
increase into account in determining the level of assistance applicable to the
approved school system under a subsequent schools assistance Act after 31
December 1988.

(23) Where, before the commencing day, the Minister had notified the
approved authority of an approved school system in respect of one of the
schools included in which a change or a partial change in the location of that
school during the year 1985 was proposed, that the school as so relocated or
partly relocated would be eligible to receive financial assistance from the
Commonwealth, that notification shall be treated, for the purposes of this
Act, as if it were a notice under sub-section (5) to the effect that the
Minister provisionally approves the inclusion in the list of systemic schools
of the school as so relocated or partly relocated.