Commonwealth Numbered Regulations Commonwealth Numbered RegulationsPart 1 -- Adjustment funding for highly disadvantaged independent school students
Australian Education Regulation 2013
1 In the appropriate position in Schedule 1
Insert:
Part 9 -- Adjustment funding for highly disadvantaged independent school students
For the purposes of subsection 69A(1) of the Act, the circumstances for a school for a year from 2023 to 2026 (inclusive) are that:
(a) the school is a school other than a government school or a Catholic systemic school, and is:
(i) a majority Aboriginal and Torres Strait Islander school; or
(ii) a special assistance school; or
(iii) a special school; and
(b) the school is included in the table in Schedule 3; and
(c) the approved authority for the school has provided the information mentioned in section 56 of this instrument that is relevant to working out the school's socio-educational disadvantage loading and low English proficiency loading (the loading amount ) for the year; and
(d) the loading amount for the year:
(i) is worked out in reliance on the information mentioned in paragraph (c); and
(ii) is lower than it would be if the number of students relied upon in working out the loading amount were a number identified by ACARA for the year by using the method it used in 2022 to work out the number of students by the application of fixed percentages.
Note 1: For how a school's socio-educational disadvantage loading is worked out, see section 38 of the Act and section 18 of this instrument.
Note 2: For how a school's low English proficiency loading is worked out, see section 39 of the Act and section 18 of this instrument.
Maximum amounts payable
(1) For the purposes of paragraph 69A(2)(b) of the Act, the maximum amount payable for a school for a year under a determination under subsection 69A(1) of the Act in the circumstances mentioned in clause 38 of this Schedule is the following percentage of the base adjustment amount for the school specified in the table in Schedule 3:
(a) for 2023--100%;
(b) for 2024--75%;
(c) for 2025--50%;
(d) for 2026--25%.
Total amounts payable
(2) For the purposes of paragraph 69A(4)(a) of the Act, the following are the amounts that the total of the amounts that the Minister determines under subsection 69A(1) of the Act for a year in the circumstances mentioned in clause 38 of this Schedule must not exceed:
(a) for 2023--$62,774,474;
(b) for 2024--$47,080,856;
(c) for 2025--$31,387,237;
(d) for 2026--$15,693,619.
40 Purpose for which funding is spent or committed to be spent
(1) For the purposes of paragraph 78(2)(a) of the Act, an approved authority for a school must spend, or commit to spend, financial assistance that is payable for the school under subsection 69A(1) of the Act in the circumstances mentioned in clause 38 of this Schedule:
(a) for the purpose of providing school education at a school for which the authority is approved; and
(b) in accordance with any written directions given by the Minister.
(2) Subsections 29(2) and (3) of this instrument have effect as if a reference in those subsections to subsection (1) included a reference to paragraph (1)(a) of this clause.
(3) Financial assistance mentioned in subclause (1) must be spent, or committed to be spent:
(a) by the day, or within the period, directed in writing by the Minister; or
(b) if there is no such direction--in the year in which the assistance is paid to the approved authority.
(4) For the purposes of subclause (1) and paragraph (3)(a), the Minister may give written directions to an approved authority.
(5) Any interest earned on financial assistance mentioned in subclause (1) must be spent, or committed to be spent, in the same way as the financial assistance.
2 At the end of the instrument
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