Commonwealth Numbered Regulations

AUSTRALIAN EDUCATION REGULATIONS 2023 (F2023L01020)

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

           Division 1--Preliminary

   1.      Name  
   2.      Commencement  
   3.      Authority  
   3A.     Schedule 4  
   4.      Definitions  
   5.      Meanings of census day and census reference period  

           Division 2--Interpretation

              Subdivision A--Overseas students

   6.      Overseas students  

              Subdivision B--SRS indexation factor

   6A.     SRS indexation factor  

              Subdivision C--Levels of education

   7.      Levels of education that constitute primary and secondary education for schools other than special schools  
   9.      Levels of education that constitute primary education and secondary education for special schools  

              Subdivision D--Census day enrolment

   9A.     Government schools  
   9B.     Non-government schools  

   PART 2--GRANTS OF FINANCIAL ASSISTANCE TO STATES AND TERRITORIES

   10A.    Starting State-Territory shares  
   11.     Condition of financial assistance--recovering amounts  
   12.     Pro-rating of recurrent funding  

   PART 3--RECURRENT FUNDING FOR SCHOOLS

           Division 1--Matters related to the funding formula

   14.     ARIA index value  
   16.     Definition of Aboriginal and Torres Strait Islander student  
   16AA.   Base amounts for schools  
   17.     Disability loading--disability loading percentages  
   17A.    Disability loading--levels of adjustment  
   18.     Other loadings  

           Division 2--Commonwealth share for non-government schools for transition years for the schools

   19.     Transition years for non-government schools  
   19A.    Commonwealth share for non-government schools worked out using the notional starting share for 2019  
   19B.    Commonwealth share for non-government schools worked out using the notional starting share for 2020  
   19C.    Commonwealth share for non-government schools worked out using the notional starting share for 2021  
   19D.    Commonwealth share for new non-government schools  
   19E.    Notional starting share for non-government schools  
   19F.    CTC-adjusted SRS amount  
   19G.    Notional funding amount  

           Division 3--CTC score

   21.     CTC score  
   22.     Average DMI score  
   23.     Refined area based score  
   24.     SES score  
   24AAA.  Publication of CTC score if determined other than in accordance with this instrument  

   PART 4--CAPITAL AND OTHER FUNDING

           Division 1--Capital funding

   24AA.   Base assistance amount  
   24A.    Indexation percentage  
   24B.    Indexes of building prices and wage costs  

           Division 2--Special circumstances funding

   25.     Special circumstances funding  

           Division 3--Funding in prescribed circumstances

   25A.    Funding in prescribed circumstances  

           Division 4--Funding for non-government representative bodies

   25B.    Funding for non-government representative bodies  

   PART 5--APPROVED AUTHORITIES AND BODIES

           Division 1--Basic requirements for authorities and bodies

   26.     Not-for-profit requirement  
   27.     Financial viability requirement  
   28.     Fit and proper person requirement  

           Division 2--Ongoing policy and funding requirements for authorities and bodies

              Subdivision A--Spending, or committing to spend, financial assistance

   29.     Approved authorities  
   30.     Block grant authorities  
   31.     Non-government representative bodies  

              Subdivision B--Monitoring compliance of authorities and bodies

   32.     Application of this Subdivision  
   33.     Minister may appoint authorised persons  
   34.     Certificate to be given to Secretary  
   35.     Requirement relating to financial assistance and financial operations--government schools  
   36.     Requirement relating to financial assistance and financial operations--non-government schools  
   37.     Requirement to keep records  
   38.     Requirement for authorities or bodies for non-government schools to prepare and audit financial statements  
   39.     Requirements for access to records and premises  
   39A.    Requirement to provide information and records  
   40.     Requirement to keep Minister informed  

           Division 3--Ongoing policy requirements for approved authorities

              Subdivision A--Implementing a curriculum

   42.     Implementing a curriculum  

              Subdivision B--National assessment program

   43.     Student assessments  

              Subdivision C--Information relating to a school's census

   46.     Providing information about a school's census  
   47.     Government schools--information about the schools  
   48.     Government schools--information about students  
   49.     Non-government schools--information about the school  
   50.     Non-government schools--information about students  

              Subdivision D--Information for the purposes of a national program to collect data on schools and school education

   52.     Information for the purposes of a national program to collect data on schools and school education  
   53.     Required information--performance measures  
   54.     Form of information--performance measures  
   55.     Required information--general information  
   56.     Required information--information about a school's students  
   57.     Required information--secondary schools and combined schools  
   58.     Form of information--information required under sections 55 to 57  
   58A.    Required information--students with disability  
   58B.    Required information--information about students at certain schools  

              Subdivision E--Reports to persons responsible for students at a school

   59.     Student reports  

              Subdivision F--Making information publicly available annually

   60.     Making information publicly available annually  

           Division 4--Ongoing policy requirements for block grant authorities and non-government representative bodies

   62.     Information to the public about financial assistance  

           Division 5--Former approved authorities and bodies

   62A.    Continuing requirements  

   PART 6--ACTIONS MINISTER MAY TAKE FOR FAILURE TO COMPLY WITH THE ACT OR THIS INSTRUMENT, AND TO REQUIRE AMOUNTS TO BE REPAID

   63.     Limits on recovery of overpayments, recoverable payments and other unpaid amounts  
   64.     Recovering capital funding when a school ceases to provide education  

   PART 7--MISCELLANEOUS

   65.     Using or disclosing school education information  
   66.     Giving notice to persons of proposed decisions  

   PART 8--APPLICATION AND TRANSITIONAL PROVISIONS

   67.     Application of this instrument etc.  
   68.     Things done under the 2013 regulations  
           SCHEDULE 1 Funding in prescribed circumstances
           SCHEDULE 2 Per-student amounts for 2017 for certain schools
           SCHEDULE 3 Adjustment funding for highly disadvantaged independent school students