Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1984 No. 126 of 1984 - SECT 7

7. (1) In this Act, a reference to the list of non-systemic schools shall be
construed as a reference to the list of non-systemic schools 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 non-systemic schools 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 school
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 school 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 non-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 school shall inform the
        Minister of the change, by notice in writing, given to the Minister-

   (c)  in a case where 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;
        and

   (d)  in a case where 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 non-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 education at the
        proposed new level.

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

   (a)  in a 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 school-

   (c)  if the Minister is satisfied that the change meets the criteria for
        acceptable changes to existing schools-inform the approved authority
        that the Minister is so satisfied and that the Minister provisionally
        approves the inclusion in the list of non-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
        accordingly 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 a school, pursuant to
sub-section (4), to make submissions in relation to a proposed change to the
school within a specified period, the Minister shall, by notice in writing
given to the approved authority of the school-

   (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 non-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, does not, after having
        regard to those submissions, become so satisfied in respect of the
        change-inform the approved authority accordingly.

(6) Where the approved authority of a non-systemic school initiates, during a
year to which section 29 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 the school-

   (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 non-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, on the list of
        non-systemic schools, the Minister shall, upon the Minister's becoming
        satisfied that the school, as so relocated or partly 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
        non-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 a non-systemic school initiates, during a
year to which section 29 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, 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 non-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 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 non-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 non-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 as 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 the year 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 the year 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)  a person or body that is principally responsible for-

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

        (ii)   the control of an existing school that is included in the list
               of non-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,
seeks the provision of financial assistance from the Commonwealth commencing
in a year between 1986 and 1990 (inclusive) in respect of the school, or in
respect of the school in its provision of education at that level; and

   (b)  the school will not, after that financial assistance commences to be
        so provided, be included in an approved school system, the person or
        body may make application to the Minister for the provision of such
        financial assistance commencing in that year by notice in writing,
        being a notice accompanied by such particulars as will, in the opinion
        of the person or body, 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, in 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 non-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 not, 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 the person or
        body principally responsible for, in the case of an existing school
        the control of the school and, in the case of a new school, the
        establishment of the school, 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 person or body
        referred to in that sub-section 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 person or
        body (in this
section referred to as the "relevant 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 relevant 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, on the list of
        non-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 relevant authority accordingly and invite the
        relevant 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 relevant authority considers appropriate.

(11) Where the Minister invites a relevant 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 relevant 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 relevant 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 non-systemic schools; and

   (b)  if the relevant 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
        relevant authority accordingly.

(12) Where, pursuant to an application that financial assistance commence to
be provided during 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 relevant authority of the school, pursuant to
sub-section (10) or (11), 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 non-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 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 non-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 altered.

(13) Where the Minister makes a determination under sub-section (12) varying
the list of non-systemic schools as in force for the purposes of this Act or
of a subsequent schools assistance Act by including in the list a school, or a
school in so far as it provides education at a particular level, the Minister
shall, in respect of the school so included, specify in the determination the
level, being a level of assistance set out in column 1 of Parts I, II, III and
IV of Schedule 9, at which financial assistance is to be provided under
section 29 to the school, or to the school in so far as it provides education
at that level, for the purpose of meeting recurrent expenditure of the school,
or of the school in the provision of education at that level.

(14) The Minister shall, in determining, for the purposes of sub-section (13),
the level at which financial assistance is to be provided under this section
to a school, or to a school in so far as it provides education at a particular
level, for the purpose of meeting recurrent expenditure of the school, or of
the school in respect of the provision of education at that level, have regard
to the need of the school for such assistance.

(15) For the purposes of this section, the Minister shall be satisfied that a
school, or a school in so far as it provides 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.

(16) Where-

   (a)  in the case of a school included in the list of non-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 29 applies; or

   (b)  in the case of a school included in the list of non-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 29 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 school, 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 non-systemic schools in a manner referred
        to in sub-section (19).

(17) Where-

   (a)  the Minister is satisfied that the total expenditure of a recurrent
        nature during a year to which section 29 applies in respect of a
        non-systemic school from income received in respect of that school 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 the case of a school that is included in the list
        of non-systemic schools 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 is available, and to any other matters that the Minister
        considers relevant; and

   (b)  the relevant income of the school (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 school 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 that school on the schools census date for
               that year; or

        (ii)   if education was provided by the school 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 provided, the Minister may, by notice in writing
               given to the approved authority, inform the approved authority
               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 (b), 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 school in the list of non-systemic schools.

(18) Where an approved authority of a school may, pursuant to sub-section (16)
or (17), 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 does
        make 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.

(19) Where the Minister gives an approved authority of a school a notice under
paragraph (18) (b)-

   (a)  if the notice is given in respect of a low enrolment at the school-the
        Minister, may by determination in writing, vary the list of
        non-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 school of the kind referred
        to in paragraph (17) (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 financial assistance specified in respect of that school in
        the list of non-systemic schools.

(20) The Minister may, having regard to any significant change in the need of
a non-systemic school for financial assistance, for the purpose of meeting
recurrent expenditure of the school, by determination in writing, vary the
list of non-systemic schools by specifying, in the instrument of variation, in
respect of the school, a different level at which financial assistance is to
be provided to the school for the purpose of meeting recurrent expenditure of
the school and, where the Minister does so, the variation to 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.

(21) The Minister shall, as soon as practicable after 31 December 1984 and 31
December of each year to which section 29 applies, and may, at such other
times as the Minister considers appropriate, cause the list of non-systemic
schools, in a form approved by the Minister for the purposes of this section,
to be published in the Gazette.

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

(23) Where-

   (a)  the Minister is satisfied that the rate of increase of fees and other
        compulsory charges of a non-systemic school during a year to which
        section 29 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 school (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 school 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 number of students
               enrolled at the school at that level on the schools census date
               for that year; or

        (ii)   if education was provided by the school 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 provided, the Minister may, by notice in writing,
               inform the approved authority of the school that, unless the
               approved authority provides to the Minister a special
               justification for the increase, the Minister may, in the
               Minister's discretion, take that increase into account in
               determining the level of assistance applicable to the school
               under a subsequent schools assistance Act after 31 December
               1988.

(24) Where, before the commencing day, the Minister had notified the
approved authority of a non-systemic school in respect of which a change or a
partial change in the location of the 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 non-systemic schools of the school as so relocated or
partly relocated.