Commonwealth Numbered Regulations

AUSTRALIAN EDUCATION REGULATIONS 2023 (F2023L01020) - REG 25

                   For the purposes of paragraph 130(2)(b) of the Act, the matters that the Minister may have regard to in making a decision for a school for a year that special circumstances justify a determination under subsection 69(1) of the Act are:

                     (a)  whether the special circumstances would not have been reasonably foreseeable by a competent approved authority; and

                     (b)  whether the special circumstances would, or are likely to, result in severe financial difficulty requiring the school to cease a large part of its educational activities, or significantly lower the quality of the education it provides, during the year; and

                     (c)  if the school were to receive financial assistance under subsection 69(1) of the Act, whether the school would be able to:

                              (i)  resume operating satisfactorily within 2 years; or

                             (ii)  continue operating until the end of the year; and

                     (d)  whether, having exhausted all other options to remedy the financial situation of the school (including all alternative sources of financial assistance), there is still a need for financial assistance under subsection 69(1) of the Act to address the school's immediate financial difficulties; and

                     (e)  whether the approved authority for the school has complied with the Act and this instrument; and

                      (f)  whether the approved authority for the school proposes to use any financial assistance provided under subsection 69(1) of the Act to pay any debts due to the Commonwealth that are recoverable by the Commissioner of Taxation; and

                     (g)  whether the approved authority for the school proposes to use any financial assistance provided under subsection 69(1) of the Act:

                              (i)  in relation to the school, and the school has provided primary education or secondary education for less than 5 years; or

                             (ii)  to lower the amount of debt the authority owes; or

                            (iii)  as capital expenditure; and

                     (h)  whether the approved authority for the school requires financial assistance under subsection 69(1) of the Act as a result of a financial loss resulting from inadequate insurance for capital facilities.