New South Wales Consolidated Acts

EDUCATION ACT 1990 - SECT 83BA

83BA Debt recovery arrangements relating to Commonwealth funding for schools

(1) If, in accordance with the Commonwealth Act, the State pays financial assistance to the relevant body for a school, the payment of the financial assistance is taken to be an arrangement between the relevant body and the State.

(2) It is a term of any such arrangement between a relevant body and the State that if--

(a) the Commonwealth Minister makes a determination under section 110 (1) (a) of the Commonwealth Act that the State pay to the Commonwealth a specified amount, and

(b) the determination is made as a result of--

(i) non-compliance or a breach (as referred to in section 108 of the Commonwealth Act) by the relevant body, or

(ii) a payment (as referred to in section 109 (1), (2), (3) (a) or (4) of the Commonwealth Act) that was paid to the State for the relevant body,

the amount specified by the Commonwealth Minister in the determination is taken to be a debt due by the relevant body to the State and may be recovered by the State in a court of competent jurisdiction.

(3) A debt due by a relevant body to the State under this section is payable within 7 days after the date of the determination by the Commonwealth Minister.

(4) If a debt is due by a relevant body to the State under this section in relation to financial assistance for a school and the approval of the relevant body under Part 6 of the Commonwealth Act is no longer in force in relation to that school, the State may recover the debt from the person who held the approval immediately before it ceased to be in force.

(5) If a debt is due by a relevant body to the State under this section, the State may assign to the Commonwealth the right to recover the debt.

(6) A debt due by a relevant body to the State under this section is enforceable whether or not--

(a) any school operated by the relevant body remains open, or

(b) the relevant body has been, or is being, compulsorily wound up, or

(c) the determination referred to in subsection (2) was made before the commencement of this section, or

(d) the financial assistance referred to in subsection (1) was spent by the relevant body before--

(i) the determination referred to in subsection (2) was made, or

(ii) the commencement of this section.

(7) In this section--

"approved authority" ,
"block grant authority" and
"non-government representative body" have the same meanings as in section 6 of the Commonwealth Act.

"Commonwealth Act" means the Australian Education Act 2013 of the Commonwealth.

"Commonwealth Minister" means the Minister administering the Commonwealth Act.

"relevant body" for a school means the approved authority, block grant authority or non-government representative body for the school.