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1
Education (Capital Assistance) Bill
EDUCATION (CAPITAL ASSISTANCE)
BILL 1993
EXPLANATORY NOTES
The objective of the Bill is to authorise the provision of capital assistance
to eligible non-State schools on a needs basis, for capital projects that
consist of the planning, construction, alteration, extension, renovation,
relocation or upgrading of certain educational facilities.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 provides the definitions of certain terms used in the proposed
Act.
Clause 4 defines the meaning of "capital project".
Clause 5 defines the meaning of the term "granting of an application in
part".
Clause 6 provides that the Minister may determine that a person or body
is the approved authority of an eligible non-State school and where
applicable that a person or body is the approved authority of a number of
eligible non-State schools (for the purpose of receiving applications and
returns and making payments under the proposed Act).
Clause 7 provides that the Queensland Catholic Education Commission
and the Association of Independent Schools of Queensland Inc. may each
nominate a corporation to be a capital assistance authority (CAA).
Clause 8 provides that the Minister may pay amounts to each CAA to
offset the whole or part of the administrative costs expected to be incurred
by the CAA in performing its functions.
Clause 9 provides for the functions that each CAA is to perform.
Clause 10 provides that each non-State school that is categorised as "a
school in receipt of a subsidy" has the responsibility to become affiliated
with a CAA. (In order for such schools to be categorised as "eligible non-
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Education (Capital Assistance) Bill
State schools" under the proposed Act, they must be affiliated with a
CAA).
Clause 11 provides that an eligible non-State school may change its
affiliation from one CAA to the other CAA but only with the approval of
the Minister.
Clause 12 provides that each CAA must establish a Capital Assistance
Fund into which amounts, including interest, which are to be used to
provide capital assistance are to be paid. This Clause provides that the
amounts are held by each CAA on behalf of the State and may only be used
by the CAA to provide capital assistance. This Clause also provides that
each CAA must deposit the amounts with a bank or with another institution
approved by the Treasurer.
Clause 13 provides that the Minister may provide amounts (in bulk
payments) to the CAA's for the CAA's to provide capital assistance.
Clause 14 provides that capital assistance must not be provided for
certain projects. This Clause also provides that capital assistance must not
be provided if a contract for the capital project has been entered into, or site
work or other building work for the project has commenced, prior to the
Minister approving the application for capital assistance.
Clause 15 provides that the approved authority of the eligible non-State
school may apply to the Minister (through the relevant CAA) for capital
assistance.
Clause 16 provides that on receipt of an application for capital assistance,
the CAA must assess it, having regard to prescribed criteria and
recommend to the Minister whether it should be approved in whole or in
part or refused.
Clause 17 provides that on receipt of the CAA's recommendation and
the related application, the Minister may approve the application in whole or
part or refuse it. This Clause also provides that if the Minister approves the
application in part or refuses the application, the Minister must advise the
CAA in writing of the reasons.
Clause 18 provides that if an application for capital assistance is
approved in whole or part, the approved authority of the school may apply
to the Minister (through the CAA) to have the application reviewed, for the
purpose of having the amount of capital assistance increased.
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Education (Capital Assistance) Bill
Clause 19 provides that the CAA must assess the application for an
increase in the capital assistance, having regard to prescribed criteria, and
recommend to the Minister whether the increase sought should be
approved, a lesser amount should be approved or the application should be
refused.
Clause 20 provides that on receipt of the CAA's recommendation on the
application for an increase in capital assistance and the related application,
the Minister may approve the increase sought or a lesser amount or refuse
the application. This Clause also provides that if the Minister approves the
increase but by less than the amount sought or refuses the application, the
Minister must advise the CAA in writing of the reasons.
Clause 21 provides that a CAA in making a recommendation to the
Minister in respect of an application (or review of an application) for capital
assistance, must have regard to the amount of money that the Minister has
advised is available to the eligible non-State schools affiliated with the
CAA.
Clause 22 provides that if the Minister approves an application for capital
assistance for an eligible non-State School, the CAA with which the school
is affiliated must provide the approved authority of the school with the
approved amount of assistance. This Clause also provides that the CAA
must not provide the amount until the CAA and the approved authority of
the school have entered into a written agreement for the project [in a form
approved by the Minister] and at least 25% of the value of the works has
been completed.
Clause 23 provides (for the purposes of accountability) that the approved
authority of each school for which capital assistance is provided for a capital
project, must submit a written return for the year which commenced on
1 April, to the CAA with which the school was affiliated when the
assistance was provided, giving details of the capital project.
Clause 24 provides (for the purposes of accountability) that each CAA
must submit a written return for the previous calendar year to the Minister.
The return must contain an audited statement of the amounts received by it
for administration purposes under the proposed Act, interest received on the
amounts and the expenditure of the amounts and an audited statement of its
Capital Assistance Fund. This Clause also provides that each CAA must
include in the written return, details of the capital projects of which it has
been advised under clause 23 of the Bill.
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Education (Capital Assistance) Bill
Clause 25 provides for the Governor in Council to make regulations
under the proposed Act.
Clause 26 provides for the validation of payments made (and where
commitments still exist at the commencement of the proposed Act, for
payments to continue) under the scheme known as the Interest Assistance
to Non-State Schools Scheme, as the scheme does not have a legislative
base. This Clause also provides for the validation of payments which have
been made under the Capital Assistance Scheme prior to the
commencement of the proposed Act.
Clause 27 clarifies that the main provisions (Parts 2 to 6) of the proposed
Act do not apply to an amount paid under Part 7 (Validation of Certain
Payments) of the proposed Act.
© The State of Queensland 1993