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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Australian Education Amendment Bill
2017
No. , 2017
(Education and Training)
A Bill for an Act to amend the Australian Education
Act 2013, and for related purposes
No. , 2017
Australian Education Amendment Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Funding for schools
3
Australian Education Act 2013
3
Part 2--Other policy changes
15
Australian Education Act 2013
15
Australian Education (Consequential and Transitional Provisions) Act
2013
27
Part 3--Miscellaneous technical amendments
29
Australian Education Act 2013
29
No. , 2017
Australian Education Amendment Bill 2017
1
A Bill for an Act to amend the Australian Education
1
Act 2013, and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act is the Australian Education Amendment Act 2017.
5
2 Commencement
6
(1) Each provision of this Act specified in column 1 of the table
7
commences, or is taken to have commenced, in accordance with
8
column 2 of the table. Any other statement in column 2 has effect
9
according to its terms.
10
11
2
Australian Education Amendment Bill 2017
No. , 2017
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
items 1 to 108
1 January 2018.
1 January 2018
3. Schedule 1,
item 109
The day this Act receives the Royal Assent.
4. Schedule 1,
items 110 to 176
1 January 2018.
1 January 2018
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Funding for schools Part 1
No. , 2017
Australian Education Amendment Bill 2017
3
Schedule 1--Amendments
1
Part 1--Funding for schools
2
Australian Education Act 2013
3
1 Section 6 (definition of Commonwealth share)
4
Repeal the definition, substitute:
5
Commonwealth share:
6
(a) for a school not covered by paragraph (b)--has the meaning
7
given by section 35A; and
8
(b) for a transitioning school for a transition year--has the
9
meaning given by subsection 35B(1).
10
2 Section 6 (definition of low socioeconomic status student
11
loading)
12
Repeal the definition.
13
3 Section 6 (definition of SES score)
14
Omit "52(2) or (3)", substitute "52(1).
15
4 Section 6
16
Insert:
17
socio-educational disadvantage loading has the meaning given by
18
subsection 38(1).
19
5 Section 6
20
Insert:
21
SRS indexation factor, for a year, means the SRS indexation factor
22
worked out in accordance with, or prescribed under, section 11A.
23
6 Section 6
24
Insert:
25
transitioning school means:
26
Schedule 1 Amendments
Part 1 Funding for schools
4
Australian Education Amendment Bill 2017
No. , 2017
(a) a school for which financial assistance was payable under
1
Part 3 or 4 of this Act for 2017; or
2
(b) a school prescribed by the regulations.
3
transition year means a year from 2018 to 2027 (inclusive).
4
7 After subsection 9(6A)
5
Insert:
6
(6B) A payment is an overpayment under this Act if:
7
(a) the Commonwealth makes the payment to a State or Territory
8
for a school for a year as a result of a determination made
9
under paragraph 29(1)(ab); and
10
(b) the total of the amount of the payment, and any previous
11
payments made, as a result of the determination, to the State
12
or Territory for the school for the year, exceeds the amount
13
determined for the school for the year under section 69B.
14
8 After section 11
15
Insert:
16
11A Definition of SRS indexation factor
17
(1) The SRS indexation factor for a year is the higher of the
18
following:
19
(a) 1.03;
20
(b) the number worked out under subsection (2) for the year.
21
(2) The number is worked out using the following formula:
22
Wage index number
Consumer index number
for the reference quarter
for the reference quarter
0.75
0.25
Wage index number
Consumer index number
for the base quarter
for the base quarter












ï‚´

ï‚´












23
where:
24
base quarter means the June quarter in the previous year.
25
consumer index number, for a quarter, means the All Groups
26
Consumer Price Index number (being the weighted average of the
27
Amendments Schedule 1
Funding for schools Part 1
No. , 2017
Australian Education Amendment Bill 2017
5
8 capital cities) published by the Australian Statistician for that
1
quarter.
2
reference quarter means the June quarter in the year.
3
wage index number, for a quarter, means the Wage Price Index
4
(total hourly rates of pay excluding bonuses/all sectors/all
5
Australia/original) number published by the Australian Statistician
6
for that quarter.
7
(3) An SRS indexation factor worked out under subsection (2) is to be
8
calculated to 3 decimal places (rounding up if the fourth decimal
9
place is 5 or more).
10
(4) Calculations under subsection (2):
11
(a) are to be made using only the index numbers published in
12
terms of the most recently published index reference period;
13
and
14
(b) are to be made disregarding index numbers that are published
15
in substitution for previously published index numbers
16
(except where the substituted numbers are published to take
17
account of changes in the index reference period).
18
(5) The regulations may prescribe the SRS indexation factor for a
19
year.
20
(6) If the regulations prescribe the SRS indexation factor for a year,
21
subsections (1) to (4) do not apply in relation to the year.
22
(7) Amounts worked out using an SRS indexation factor are to be
23
rounded to the nearest whole dollar (rounding 50 cents upwards).
24
9 After paragraph 29(1)(aa)
25
Insert:
26
(ab) an amount or amounts of payments of financial assistance
27
that have been determined under section 69B (transition
28
adjustment funding) to be payable to a State or Territory for a
29
year for a school that is located in the State or Territory; and
30
10 Paragraph 29(1)(b)
31
Omit "and (aa)", substitute "to (ab)".
32
Schedule 1 Amendments
Part 1 Funding for schools
6
Australian Education Amendment Bill 2017
No. , 2017
11 Section 32 (formula)
1
Repeal the formula, substitute:
2
The school's base
The school's total
The Commonwealth share
amount for the year
loading for the year
for the school for the year





ï‚´




3
4
12 Paragraph 34(1)(a)
5
Omit "2014--$9,271", substitute "2018--$10,953".
6
13 Paragraph 34(2)(a)
7
Omit "2014--$12,193", substitute "2018--$13,764".
8
14 Subsection 34(3) (formula)
9
Repeal the formula, substitute:
10
The SRS funding
amount for
SRS indexation factor
such a student
for the year
for the previous year
ï‚´
11
15 Paragraph 35(c)
12
Omit "low socioeconomic status student", substitute "socio-educational
13
disadvantage".
14
16 After section 35
15
Insert:
16
35A Commonwealth share
17
Unless the regulations prescribe otherwise, the Commonwealth
18
share for a school for a year (subject to section 35B) is:
19
(a) for a government school--20%; and
20
(b) for a non-government school--80%.
21
35B Commonwealth share for transitioning schools
22
(1) The Commonwealth share for a transitioning school for a
23
transition year is the percentage worked out using the following
24
formula:
25
Amendments Schedule 1
Funding for schools Part 1
No. , 2017
Australian Education Amendment Bill 2017
7
Starting
Final
Starting
Transition
Commonwealth
Commonwealth
Commonwealth
rate
share
share
share







ï€-
ï‚´










1
2
(2) Unless the regulations prescribe otherwise, the starting
3
Commonwealth share is the amount worked out using the
4
following formula (expressed as a percentage):
5
The 2017 recurrent funding
for the relevant approved authority
The adjusted SRS amount
for the relevant approved authority
6
(3) The 2017 recurrent funding for the relevant approved authority is:
7
(a) if financial assistance was payable under Division 2 of Part 3
8
for schools of the relevant approved authority for 2017--the
9
sum of the total entitlements for those schools for that year;
10
or
11
(b) if financial assistance was payable under Division 5 of Part 3,
12
or under Part 4, for schools of the relevant approved authority
13
for 2017--the relevant approved authority's total entitlement
14
for that year.
15
(4) The adjusted SRS amount for the relevant approved authority is
16
the sum of the amounts of financial assistance that would be
17
payable under Division 2 of Part 3 for the schools of the relevant
18
approved authority for 2017 if:
19
(a) Division 2 of Part 3 as in force immediately before the
20
commencement of this paragraph applied for the purposes of
21
working out those amounts; and
22
(b) Divisions 3 and 4 of Part 3 as in force immediately after the
23
commencement of this paragraph applied in relation to 2017;
24
and
25
(c) the Commonwealth share were 100%.
26
(5) The relevant approved authority is:
27
(a) for a school for which financial assistance was payable under
28
Part 3 or 4 of this Act for 2017--the authority that was the
29
approved authority for the transitioning school immediately
30
before the commencement of this subsection; and
31
Schedule 1 Amendments
Part 1 Funding for schools
8
Australian Education Amendment Bill 2017
No. , 2017
(b) for a school prescribed as a transitioning school by the
1
regulations--the authority prescribed by the regulations.
2
(6) The final Commonwealth share is:
3
(a) unless a percentage is prescribed under paragraph (b)--the
4
percentage that would be the Commonwealth share if the
5
school was not a transitioning school; or
6
(b) the percentage prescribed by the regulations.
7
Note:
For paragraph (a), see section 35A.
8
(7) Unless the regulations otherwise provide, the transition rate:
9
(a) for the transition year 2018 is 10%; and
10
(b) for each later transition year is the transition rate for the
11
previous transition year increased by 10 percentage points.
12
(8) The regulations may prescribe a transition rate for a transition year
13
that is:
14
(a) more than the rate that would apply for the year under
15
subsection (7) if no regulations had been made for the
16
purposes of this subsection; and
17
(b) no more than 100%.
18
17 Section 36
19
Repeal the section, substitute:
20
36 Student with disability loading
21
(1) A school's student with disability loading for a year is the sum of
22
the following:
23
(a) the school's supplementary disability loading for the year;
24
(b) the school's substantial disability loading for the year;
25
(c) the school's extensive disability loading for the year.
26
(2) The school's supplementary disability loading for the year is the
27
amount worked out using the following formula:
28
The SRS
The number of students
The supplementary
funding amount
classified as needing a
disability loading
for the year
supplementary level of
percentage
for a student
adjustment
at the school
ï‚´
ï‚´
29
Amendments Schedule 1
Funding for schools Part 1
No. , 2017
Australian Education Amendment Bill 2017
9
(3) The school's substantial disability loading for the year is the
1
amount worked out using the following formula:
2
The SRS
The number of students
The substantial
funding amount
classified as needing a
disability loading
for the year
substantial level of
percentage
for a student
adjustment
at the school
ï‚´
ï‚´
3
(4) The school's extensive disability loading for the year is the amount
4
worked out using the following formula:
5
The SRS
The number of students
The extensive
funding amount
classified as needing an
disability loading
for the year
extensive level of
percentage
for a student
adjustment
at the school
ï‚´
ï‚´
6
(5) The supplementary disability loading percentage, the substantial
7
disability loading percentage and the extensive disability loading
8
percentage are those percentages as prescribed for the school for
9
the year by the regulations.
10
(6) The number of students classified as needing a supplementary
11
level of adjustment, a substantial level of adjustment or an
12
extensive level of adjustment are the numbers of those students, so
13
classified in accordance with the regulations, at the school for the
14
year.
15
18 Section 38 (heading)
16
Repeal the heading, substitute:
17
38 Socio-educational disadvantage loading
18
19 Subsection 38(1)
19
Omit "low socioeconomic status student", substitute
20
"socio-educational disadvantage".
21
20 Paragraph 44(1)(a)
22
Omit "2014--$150,000", substitute "2018--$172,728".
23
21 Paragraph 44(1)(b)
24
Omit "2014--$240,000", substitute "2018--$276,365".
25
Schedule 1 Amendments
Part 1 Funding for schools
10
Australian Education Amendment Bill 2017
No. , 2017
22 Subsection 44(2)
1
Omit "after 2014".
2
23 Subsection 44(2) (formula)
3
Repeal the formula, substitute:
4
The school's maximum size loading
SRS indexation factor
for the previous year
for the year
ï‚´
5
24 Subsection 44(3)
6
Repeal the subsection.
7
25 Paragraph 49(1)(a)
8
Omit "2014--$10,000", substitute "2018--$11,515".
9
26 Paragraph 49(1)(b)
10
Omit "2014--$20,000", substitute "2018--$23,030".
11
27 Subsection 49(2) (formula)
12
Repeal the formula, substitute:
13
The school's starting amount
SRS indexation factor
for the previous year
for the year
ï‚´
14
28 Subsection 49(3)
15
Repeal the subsection.
16
29 Subsection 52(1)
17
Omit "each participating school's SES score", substitute "the SES
18
score for a school".
19
30 Subsection 52(2)
20
Repeal the subsection.
21
31 Subsection 52(3)
22
Repeal the subsection (not including the note).
23
32 Subsections 52(4) and (5)
24
Omit "subsection (3)", substitute "subsection (1)".
25
Amendments Schedule 1
Funding for schools Part 1
No. , 2017
Australian Education Amendment Bill 2017
11
33 Subsection 53(1)
1
Omit "52(2) or (3)", substitute "52(1)".
2
34 Subsection 53(2)
3
Omit "52(3)", substitute "52(1)".
4
35 Subsection 53(4)
5
Repeal the subsection.
6
36 Subsection 54(3) (table)
7
Repeal the table, substitute:
8
9
Capacity to contribute percentage
Item
Column 1
SES score
Column 2
Primary school
Column 3
Secondary school
1
93 or lower
10.00
10.00
2
94
10.86
12.19
3
95
11.71
14.38
4
96
12.57
16.56
5
97
13.43
18.75
6
98
14.29
20.94
7
99
15.14
23.13
8
100
16.00
25.31
9
101
17.90
27.50
10
102
19.80
29.69
11
103
21.70
31.88
12
104
23.60
34.06
13
105
25.50
36.25
14
106
27.40
38.44
15
107
29.30
40.63
16
108
31.20
42.81
17
109
33.10
45.00
18
110
35.00
47.19
19
111
37.62
49.38
20
112
40.23
51.56
Schedule 1 Amendments
Part 1 Funding for schools
12
Australian Education Amendment Bill 2017
No. , 2017
Capacity to contribute percentage
Item
Column 1
SES score
Column 2
Primary school
Column 3
Secondary school
21
113
42.85
53.75
22
114
45.46
55.94
23
115
48.08
58.13
24
116
50.69
60.31
25
117
53.31
62.50
26
118
55.92
64.69
27
119
58.54
66.88
28
120
61.15
69.06
29
121
64.92
71.25
30
122
68.69
73.44
31
123
72.46
75.63
32
124
76.23
77.81
33
125 or higher
80.00
80.00
1
37 Subsection 68(4)
2
Omit "indexes".
3
38 Paragraph 68(4)(a)
4
Omit "an index of building prices", insert "indexes of building prices
5
and wage costs".
6
39 Paragraph 68(4)(b)
7
Repeal the paragraph, substitute:
8
(b) student enrolment in non-government schools.
9
40 At the end of Division 3 of Part 5
10
Add:
11
69B Transition adjustment funding
12
(1) The Minister may, in writing, determine an amount of financial
13
assistance that is payable under this section to a State or Territory
14
Amendments Schedule 1
Funding for schools Part 1
No. , 2017
Australian Education Amendment Bill 2017
13
for a transitioning school for a transition year if the Minister is
1
satisfied that prescribed circumstances apply in relation to the
2
school for that year.
3
Note:
The regulations may prescribe matters that the Minister may or must
4
have regard to in making a decision under this subsection (see
5
paragraph 130(2)(b)).
6
(2) The regulations may do either or both of the following:
7
(a) prescribe an amount payable for a school for a year under a
8
determination under subsection (1) or prescribe a method for
9
working out that amount;
10
(b) prescribe a maximum amount that is payable for a school for
11
a year under a determination under subsection (1) or
12
prescribe a method for working out that maximum amount.
13
(3) The regulations may prescribe different amounts, or different
14
methods for working out amounts, for different circumstances.
15
(4) The total of the amounts that the Minister determines under
16
subsection (1) for a year in relation to particular prescribed
17
circumstances must not exceed the amount:
18
(a) prescribed by the regulations; or
19
(b) worked out in accordance with a method prescribed by the
20
regulations.
21
(5) A determination under subsection (1) is not a legislative
22
instrument.
23
41 Subsection 118(1) (table item 4)
24
Omit "52(3)", substitute "52(1)".
25
42 Paragraph 129(2)(a)
26
Repeal the paragraph.
27
43 Transitional provision
--Saving SES scores
28
Despite the amendment of sections 52 and 53 of the Australian
29
Education Act 2013 (the Act) by this Schedule, an SES score in effect
30
for a school immediately before the commencement of this item
31
continues in effect for the school until the Minister determines another
32
SES score for the school under subsection 52(1) of the Act.
33
Schedule 1 Amendments
Part 1 Funding for schools
14
Australian Education Amendment Bill 2017
No. , 2017
44 Transitional provision
--funding for previous years
1
The Australian Education Act 2013 as in force immediately before the
2
commencement of this item continues to apply in relation to financial
3
assistance for years before 2018.
4
Amendments Schedule 1
Other policy changes Part 2
No. , 2017
Australian Education Amendment Bill 2017
15
Part 2--Other policy changes
1
Australian Education Act 2013
2
45 Preamble
3
Repeal the preamble, substitute:
4
Preamble
5
The Parliament of Australia acknowledges the following matters.
6
Education is the foundation of a skilled workforce and a creative
7
community. A strong and sustainable schooling system is critical
8
for Australia's future prosperity. A good education prepares
9
students for full participation in society, both in employment and in
10
civic life. Education also has a role to play in overcoming social
11
and economic disadvantage.
12
If Australia is to be a prosperous nation with a high standard of
13
living in the 21st Century, our schooling system must provide
14
children with the skills needed to participate fully in a
15
knowledge-based economy. The performance of Australia's
16
schools, and school students, must continuously improve; our
17
capacity to innovate, to embrace change and to seize new
18
opportunities will depend more and more on the education and
19
skills of our community.
20
There is an ongoing and essential role for the Commonwealth in
21
school education through its unique position to provide national
22
policy leadership and facilitate national performance assessment
23
and reporting. Transparency and accountability ensure public
24
confidence in the education system and promote excellence in
25
teaching and school leadership.
26
The Commonwealth will deliver record and growing levels of
27
investment in schools. To help education authorities provide every
28
child with a quality education, regardless of where they live and
29
what school they attend, this investment will be fairly and
30
transparently distributed and allocated according to need.
31
Schedule 1 Amendments
Part 2 Other policy changes
16
Australian Education Amendment Bill 2017
No. , 2017
In its role as a national policy leader, the Australian Government
1
will work collaboratively with States and Territories to achieve
2
agreed national objectives and priorities for schools through the
3
Council of Australian Governments and the Education Council.
4
To drive improvement in school outcomes, State and Territory
5
education authorities will be required to deliver evidence-based
6
reforms in schools.
7
46 Section 3
8
Repeal the section, substitute:
9
3 Objects of this Act
10
The objects of this Act are:
11
(a) to provide a Commonwealth needs-based funding model for
12
school education that:
13
(i) includes a base amount of funding for every student and
14
loadings for students and schools who need extra
15
support; and
16
(ii) is affordable, simple, predictable and fair; and
17
(iii) invests in evidence-based reforms that will improve
18
student outcomes; and
19
(b) to support the objectives of intergovernmental agreements on
20
school education.
21
47 Section 4
22
Repeal the section, substitute:
23
4 Guide to this Act
24
This Act provides Commonwealth financial assistance for schools.
25
The financial assistance is provided to States under section 96 of
26
the Constitution, and to Territories under section 122 of the
27
Constitution. The Act imposes requirements on States and
28
Territories as conditions of this financial assistance, including
29
requirements to comply with intergovernmental agreements on
30
school education, and to implement nationally-agreed policy
31
initiatives on school education.
32
Amendments Schedule 1
Other policy changes Part 2
No. , 2017
Australian Education Amendment Bill 2017
17
Each school has an approved authority, which is approved by the
1
Minister. For a government school located in a State or Territory,
2
the approved authority is the State or Territory. For a
3
non-government school, the approved authority is a body corporate
4
that is approved by the Minister for the school.
5
Financial assistance is provided directly to a State or Territory for
6
its government schools. Financial assistance for a non-government
7
school located in a State or Territory is provided to the State or
8
Territory which must give it to the approved authority for the
9
school.
10
The amount of financial assistance that a school attracts for a year
11
is worked out using the formula in Division 2 of Part 3. The
12
financial assistance consists of a base amount for all schools, plus
13
loadings for schools with students with greater needs. The base
14
amount and most of the loadings are worked out by reference to an
15
amount per student called the SRS funding amount. (SRS is short
16
for schooling resource standard.)
17
The formula produces the Commonwealth share of a total amount
18
of funding. Not all schools will attract the final Commonwealth
19
share immediately. Most schools (called transitioning schools) will
20
move to that share over a period of 10 transition years.
21
The Minister can determine other kinds of funding for any school
22
under Part 5. The Minister can determine capital funding for
23
non-government schools, which is ultimately provided to capital
24
grants authorities and block grant authorities. The Minister can
25
determine funding for schools in special circumstances or if the
26
Minister is satisfied that prescribed circumstances apply in relation
27
to schools. In addition, the Minister can determine additional
28
adjustment funding for transitioning schools for transition years, in
29
accordance with the regulations.
30
The Minister can also determine funding for non-government
31
representative bodies for non-government schools.
32
Non-government representative bodies are bodies that represent
33
approved authorities for non-government schools. A block grant
34
authority or non-government representative body is approved by
35
the Minister.
36
Schedule 1 Amendments
Part 2 Other policy changes
18
Australian Education Amendment Bill 2017
No. , 2017
The Minister may require an amount to be repaid, reduce an
1
amount that would otherwise be payable, or delay making a
2
payment, if an amount is owed to the Commonwealth under this
3
Act (or other similar Acts) or there is a failure to comply with
4
particular requirements.
5
48 Section 6
6
Repeal the following definitions:
7
(a) definition of highly equitable;
8
(b) definition of implementation plan;
9
(c) definition of National Education Reform Agreement;
10
(d) definition of new approved authority;
11
(e) definition of new Commonwealth per student amount;
12
(f) definition of new per student amount;
13
(g) definition of non-participating school;
14
(h) definition of non-participating States and Territories;
15
(i) definition of old Commonwealth per student amount;
16
(j) definition of old per student amount;
17
(k) definition of participating government school;
18
(l) definition of participating school;
19
(m) definition of participating State or Territory;
20
(n) definition of relevant arrangement.
21
49 Section 6 (note 2 at the end of the definition of school)
22
Omit "funding for participating", substitute "recurrent funding for".
23
50 Section 6 (definition of total entitlement)
24
Omit "subsections 12(1) to (3)", substitute "section 12".
25
51 Section 6 (definition of transition school)
26
Repeal the definition.
27
52 Subsection 9(1) (heading)
28
Repeal the heading, substitute:
29
Amendments Schedule 1
Other policy changes Part 2
No. , 2017
Australian Education Amendment Bill 2017
19
Recurrent funding
1
53 Paragraph 9(1)(a)
2
Omit "participating".
3
54 Subsections 9(2) and (3)
4
Repeal the subsections.
5
55 Subsections 12(1) to (3)
6
Repeal the subsections, substitute:
7
A school's total entitlement for a year is the amount payable to a
8
State or Territory under Division 2 of Part 3 for the school for the
9
year.
10
Note:
In some circumstances, section 27 may affect a school's total
11
entitlement.
12
56 Section 14
13
Repeal the section.
14
57 Paragraph 21(a)
15
Omit "(recurrent funding) for a participating", substitute "(funding
16
formula for schools) for a".
17
58 Paragraphs 21(b) and (c)
18
Repeal the paragraphs.
19
59 Section 22
20
Repeal the section, substitute:
21
22 Conditions of financial assistance--implementing national policy
22
initiatives and agreements relating to school education
23
(1) A payment of financial assistance under this Act to a State or
24
Territory is subject to the condition that the State or Territory
25
implements national policy initiatives for school education:
26
(a) agreed by the Ministerial Council from time to time; or
27
(b) prescribed by the regulations.
28
Schedule 1 Amendments
Part 2 Other policy changes
20
Australian Education Amendment Bill 2017
No. , 2017
Note:
Before regulations are made for the purposes of this subsection, the
1
Minister must consult, and have regard to any relevant decisions of,
2
the Ministerial Council (see subsection 130(5)).
3
(2) A payment of financial assistance under this Act to a State or
4
Territory is also subject to the following conditions:
5
(a) that the State or Territory is party to a national agreement
6
relating to school education reform;
7
(b) that the State or Territory is party to an agreement with the
8
Commonwealth relating to implementation by the State or
9
Territory of school education reform;
10
(c) that the State or Territory complies with the agreements
11
mentioned in paragraphs (a) and (b).
12
(3) The regulations may prescribe agreements for the purposes of
13
paragraphs (2)(a) and (b).
14
60 After section 22
15
Insert:
16
22A Conditions of financial assistance--maintaining State and
17
Territory contributions
18
A payment of financial assistance under this Act to a State or
19
Territory is subject to the condition that the State or Territory
20
maintains funding levels for school education in accordance with
21
the regulations.
22
61 Paragraph 23(1)(a)
23
Omit "recurrent funding for participating schools", substitute "funding
24
formula for schools".
25
62 Paragraphs 23(1)(b) and (2)(b)
26
Repeal the paragraphs.
27
63 Paragraph 25(1)(a)
28
Omit "(recurrent funding for participating schools) to a State or
29
Territory for a year for a participating", substitute "(funding formula for
30
schools) to a State or Territory for a year for a".
31
Amendments Schedule 1
Other policy changes Part 2
No. , 2017
Australian Education Amendment Bill 2017
21
64 Paragraphs 25(1)(b) and (c)
1
Repeal the paragraphs.
2
65 Paragraph 25(1)(d)
3
Omit "referred to in paragraphs (a) to (c)".
4
66 Subsection 26(1)
5
Omit "participating".
6
67 Subsections 26(2) to (4)
7
Repeal the subsections, substitute:
8
(4) The Minister must, in writing, determine an amount that the
9
Minister is satisfied is the total entitlement for a school covered by
10
Division 2 of Part 3 (funding formula for schools).
11
Note:
A decision under this subsection is a reviewable decision (see
12
Division 3 of Part 9).
13
68 Subsection 27(1)
14
Omit "participating school, or an approved authority for a participating
15
school,", substitute "school".
16
69 Part 3 (heading)
17
Repeal the heading, substitute:
18
Part 3--Recurrent funding for schools
19
70 Division 1 of Part 3 (heading)
20
Repeal the heading, substitute:
21
Division 1--Preliminary
22
71 Section 31
23
Repeal the section, substitute:
24
Schedule 1 Amendments
Part 2 Other policy changes
22
Australian Education Amendment Bill 2017
No. , 2017
31 Guide to this Part
1
Financial assistance for schools is payable by the Commonwealth
2
each year, based on a formula in Division 2 of this Part. The
3
formula produces the Commonwealth share of a total amount of
4
funding. Most schools (called transitioning schools) will move to
5
that share over a period of 10 transition years.
6
All schools are entitled to a base amount of funding for every
7
student. Students and schools who need extra support will also
8
attract additional loadings.
9
The base amount, and most of the loadings, are worked out by
10
reference to an amount per student called the SRS funding amount.
11
(SRS is short for schooling resource standard). There is a different
12
SRS funding amount for primary and secondary students, which is
13
indexed yearly.
14
The base amount for a school for a year reflects:
15
(a)
the number of students at the school for the year; and
16
(b)
the SRS funding amount for the year for a student at the
17
school; and
18
(c)
the capacity of the school's community to contribute
19
financially to the school.
20
The following loadings are also provided:
21
(a)
a loading for students with disability;
22
(b)
a loading for Aboriginal and Torres Strait Islander
23
students;
24
(c)
a loading for socio-educational disadvantage;
25
(d)
a loading for students who have low English
26
proficiency;
27
(e)
a loading for schools that are not in major cities;
28
(f)
a loading for schools that are not large schools.
29
The loadings (except the size loading) are a percentage of the
30
relevant SRS funding amount multiplied by the number of students
31
at a school that qualify for that loading. The size loading provides
32
an amount based on the total number of students at a school. Small
33
Amendments Schedule 1
Other policy changes Part 2
No. , 2017
Australian Education Amendment Bill 2017
23
schools, and very small schools in very remote areas with a certain
1
number of students, are entitled to the maximum size loading while
2
large schools are not entitled to any size loading. All other schools
3
are entitled to a proportion of the maximum size loading.
4
72 At the end of Division 1 of Part 3
5
Add:
6
31A Eligibility for funding under this Part
7
Financial assistance is not payable under this Part for a school
8
unless:
9
(a) there is an approved authority for the school; and
10
(b) the approved authority is approved in relation to:
11
(i) one or more locations of the school; and
12
(ii) a level of education provided by the school at any of
13
those locations.
14
73 Division 2 of Part 3 (heading)
15
Repeal the heading, substitute:
16
Division 2--The funding formula for schools
17
74 Section 32 (heading)
18
Repeal the heading, substitute:
19
32 The amount payable for a school
20
75 Section 32
21
Omit "participating".
22
76 Section 32 (note 1)
23
Repeal the note.
24
77 Section 32 (note 2)
25
Omit "2".
26
Schedule 1 Amendments
Part 2 Other policy changes
24
Australian Education Amendment Bill 2017
No. , 2017
78 Paragraph 56(a)
1
Omit "for a year for a participating school, as worked out under
2
section 32", substitute "under Division 2 of Part 3 for a school for a
3
year".
4
79 Division 5 of Part 3
5
Repeal the Division.
6
80 Part 4
7
Repeal the Part.
8
81 Section 66
9
Omit:
10
This Part provides additional discretionary funding for any school
11
(whether the school is a participating school or not).
12
substitute:
13
This Part provides additional discretionary funding for schools.
14
82 Section 66
15
Omit:
16
The Minister may also determine that financial assistance is
17
payable for a school in special circumstances or if the Minister is
18
satisfied that prescribed circumstances apply in relation to the
19
school.
20
substitute:
21
The Minister may also determine that financial assistance is
22
payable for a school in special circumstances or if the Minister is
23
satisfied that prescribed circumstances apply in relation to the
24
school. In addition, the Minister can determine additional
25
adjustment funding for transitioning schools for transition years, in
26
accordance with the regulations.
27
Amendments Schedule 1
Other policy changes Part 2
No. , 2017
Australian Education Amendment Bill 2017
25
83 Subsection 73(4)
1
Repeal the subsection.
2
84 Paragraphs 77(2)(a), (d) and (e)
3
Repeal the paragraphs.
4
85 After subsection 77(2)
5
Insert:
6
(2A) In addition, the ongoing policy requirements for an approved
7
authority for the non-government schools for which the authority is
8
approved include the following:
9
(a) the approved authority cooperates with the States and
10
Territories in which the schools are located in implementing:
11
(i) the national policy initiatives mentioned in
12
subsection 22(1); and
13
(ii) the agreements mentioned in paragraphs 22(2)(a) and
14
(b); and
15
(b) the approved authority implements policy initiatives in
16
accordance with the regulations.
17
86 Paragraph 77(3)(d)
18
Repeal the paragraph.
19
87 Paragraph 78(2)(a)
20
Omit "or 5 of Part 3 (recurrent funding for participating schools), Part 4
21
(recurrent funding for non-participating schools),", substitute "of Part 3
22
(funding formula for schools)".
23
88 Paragraph 78(2)(b)
24
Omit ", and with any implementation plan required by Part 7".
25
89 Subsection 78(3)
26
Repeal the subsection, substitute:
27
(3) An ongoing funding requirement for an approved authority for
28
more than one school is to distribute all financial assistance
29
received in accordance with Division 2 of Part 3 in accordance
30
Schedule 1 Amendments
Part 2 Other policy changes
26
Australian Education Amendment Bill 2017
No. , 2017
with a needs-based funding arrangement that complies with any
1
requirements prescribed by the regulations.
2
90 Paragraph 81(1)(d)
3
After "section 22", insert ", 22A".
4
91 Subsection 81(6)
5
Repeal the subsection.
6
92 Part 7
7
Repeal the Part.
8
93 Paragraph 108(a)
9
After "section 22", insert "or 22A".
10
94 Paragraph 110(2)(b)
11
Repeal the paragraph.
12
95 Subsection 110(4)
13
Repeal the subsection.
14
96 Paragraph 111(2)(b)
15
Repeal the paragraph.
16
97 Paragraph 111(3)(a)
17
Omit "recurrent funding for participating schools", substitute "funding
18
formula for schools".
19
98 Paragraphs 111(3)(b) and (c)
20
Repeal the paragraphs.
21
99 Subsection 118(1) (table item 3A)
22
Repeal the item.
23
100 Subsection 118(1) (table item 24)
24
Repeal the item.
25
Amendments Schedule 1
Other policy changes Part 2
No. , 2017
Australian Education Amendment Bill 2017
27
101 Subsection 122(2)
1
Repeal the subsection.
2
102 Paragraph 126(a)
3
Omit "recurrent funding for schools", substitute "timing and amounts of
4
recurrent funding".
5
103 Paragraphs 127(a) and (b)
6
After "paid", insert "for a school".
7
104 Subparagraph 127(c)(iv)
8
Repeal the subparagraph.
9
105 At the end of section 127
10
Add:
11
(d) any other matter prescribed by the regulations.
12
106 Section 128 (heading)
13
Repeal the heading, substitute:
14
128 Review of, or for the purposes of, intergovernmental agreements
15
107 Section 128
16
Omit "the National Education Reform Agreement", substitute "an
17
agreement mentioned in paragraph 22(2)(a) or (b)".
18
Australian Education (Consequential and Transitional
19
Provisions) Act 2013
20
108 Item 9 of Schedule 2
21
Repeal the item.
22
109 Transitional provision
--regulations commencing on or
23
after 1 January 2018
24
(1)
Paragraph 22(2)(b) of the Australian Education Act 2013, as in force at
25
the commencement of this item, does not apply to regulations made for
26
Schedule 1 Amendments
Part 2 Other policy changes
28
Australian Education Amendment Bill 2017
No. , 2017
the purposes of section 22 of that Act that commence on or after
1
1 January 2018.
2
(2)
Subsection 77(4) of the Australian Education Act 2013, as in force at
3
the commencement of this item, does not apply to regulations made for
4
the purposes of section 77 of that Act that commence on or after
5
1 January 2018.
6
Amendments Schedule 1
Miscellaneous technical amendments Part 3
No. , 2017
Australian Education Amendment Bill 2017
29
Part 3--Miscellaneous technical amendments
1
Australian Education Act 2013
2
110 Section 6 (definition of census day)
3
Repeal the definition.
4
111 Section 6
5
Insert:
6
continuing requirement has the meaning given by
7
subsection 96A(2).
8
112 Section 6 (definition of distance education)
9
Repeal the definition.
10
113 Section 6
11
Insert:
12
distance education student: a person is a distance education
13
student at a school located in a State or Territory only if:
14
(a) the person resides in the State or Territory; and
15
(b) the State or Territory provides funding for the school (other
16
than financial assistance provided to the State or Territory for
17
the school in accordance with this Act) for students enrolled
18
at the school who receive distance education (however
19
described) from the school; and
20
(c) the person is not approved as a home education student
21
(however described) in accordance with the law of the State
22
or Territory in which the person resides.
23
114 Section 6 (definition of primary education)
24
Repeal the definition, substitute:
25
primary education: see subsections 15(1) and (3).
26
115 Section 6 (definition of protected information)
27
Repeal the definition.
28
Schedule 1 Amendments
Part 3 Miscellaneous technical amendments
30
Australian Education Amendment Bill 2017
No. , 2017
116 Section 6 (definition of receives)
1
Repeal the definition.
2
117 Section 6 (paragraph (a) of the definition of relevant
3
person)
4
Repeal the paragraph, substitute:
5
(a) for a reviewable decision referred to in an item of the table in
6
subsection 118(1)--the person referred to in column 3 of that
7
item; and
8
118 Section 6 (note 1 at the end of the definition of school)
9
Omit "only distance education", substitute "education to distance
10
education students only".
11
119 Section 6
12
Insert:
13
school education information means information obtained under
14
or for the purposes of this Act.
15
120 Section 6 (definition of secondary education)
16
Repeal the definition, substitute:
17
secondary education: see subsections 15(1) and (3).
18
121 Section 7
19
Repeal the section.
20
122 Paragraph 8(1)(b)
21
Omit "students receiving primary education or secondary education at
22
the school on the school's census day for the previous year are",
23
substitute "primary and secondary students at the school for the
24
previous year were".
25
123 Subsection 8(1) (note)
26
Repeal the note, substitute:
27
Note:
For the number of students at the school, see section 16.
28
Amendments Schedule 1
Miscellaneous technical amendments Part 3
No. , 2017
Australian Education Amendment Bill 2017
31
124 Paragraph 8(2)(b)
1
Omit "students receiving primary education or secondary education at
2
the school on the school's census day for the previous year are",
3
substitute "primary and secondary students at the school for the
4
previous year were".
5
125 Section 10
6
Repeal the section.
7
126 Subsections 15(1) and (3)
8
Omit "primary education or secondary education", substitute "primary
9
education or secondary education".
10
127 Sections 16 and 17
11
Repeal the sections, substitute:
12
16 Working out the number of students at a school for a year
13
(1) The regulations must prescribe a method for working out the
14
number of students at a school for a year.
15
(2) A reference in this Act to the number of students at a school for a
16
year is a reference to the number worked out in accordance with
17
the regulations.
18
128 Subsection 19(1)
19
Omit "only by distance education", substitute "to distance education
20
students only".
21
129 Paragraph 25(2)(a)
22
Omit "(including information from a census day of a previous year)".
23
130 Subsection 33(1) (note)
24
Repeal the note, substitute:
25
Note:
For the number of students at a school for a year, see section 16.
26
131 Subsection 33(3)
27
Omit "at which students receive distance education", substitute "at
28
which there are distance education students".
29
Schedule 1 Amendments
Part 3 Miscellaneous technical amendments
32
Australian Education Amendment Bill 2017
No. , 2017
132 Paragraph 33(3)(a)
1
Omit "students receiving distance education at the school", substitute
2
"the distance education students".
3
133 Subparagraph 33(3)(b)(i)
4
Omit "those students receiving distance education at the school",
5
substitute "the distance education students".
6
134 Subsection 33(4) (note 2)
7
Omit "students who receive distance education at the school", substitute
8
"distance education students".
9
135 Subsection 34(1) (note)
10
Omit "students receiving distance education", substitute "distance
11
education students".
12
136 Subsection 37(3)
13
Repeal the subsection.
14
137 Subsection 38(3) (note)
15
Repeal the note, substitute:
16
Note:
For the number of students at a school for a year, see section 16.
17
138 Subsection 39(2) (note)
18
Repeal the note.
19
139 Subsection 40(1) (note 1)
20
Repeal the note, substitute:
21
Note 1:
For the number of students at a school for a year, see section 16.
22
140 Subsection 45(1)
23
Omit "students at the school receiving primary education on the
24
school's census day", substitute "primary students at the school".
25
141 Subsection 45(2)
26
Omit "students at the school receiving secondary education on the
27
school's census day", substitute "secondary students at the school".
28
Amendments Schedule 1
Miscellaneous technical amendments Part 3
No. , 2017
Australian Education Amendment Bill 2017
33
142 Subsection 47(1) (note 2)
1
Repeal the note, substitute:
2
Note 2:
For the number of students at a school for a year, see section 16.
3
143 Sections 48 and 51 (note)
4
Repeal the note, substitute:
5
Note:
For the number of students at a school for a year, see section 16.
6
144 Subsections 54(2) and (3) (note)
7
Omit "students who receive distance education at the school", substitute
8
"distance education students".
9
145 Subsection 77(4)
10
Repeal the subsection.
11
146 Subsections 81(4), 88(4) and 96(3)
12
Repeal the subsections.
13
147 At the end of Part 6
14
Add:
15
Division 5--Former approved authorities and bodies
16
96A Continuing requirements
17
(1) The regulations may prescribe continuing requirements that must
18
be met by a person who was:
19
(a) an approved authority for a school; or
20
(b) a block grant authority for a school; or
21
(c) a non-government representative body for a school.
22
(2) A continuing requirement is a requirement that would or could be
23
imposed on the person if the person were still the approved
24
authority, block grant authority or non-government representative
25
body for the school.
26
148 Section 108
27
After "This Division applies to a State or Territory if", insert "the
28
Minister is satisfied that".
29
Schedule 1 Amendments
Part 3 Miscellaneous technical amendments
34
Australian Education Amendment Bill 2017
No. , 2017
149 At the end of section 108
1
Add:
2
; (h) a person who was an approved authority, a block grant
3
authority or a non-government representative body does not
4
comply, is not complying or has not complied with a
5
continuing requirement.
6
150 Subsections 109(1) and (2)
7
Omit "the Commonwealth makes", substitute "the Minister is satisfied
8
that the Commonwealth has made".
9
151 Subsections 109(3) and (4)
10
Omit "State or Territory if:", substitute "State or Territory if the
11
Minister is satisfied that:".
12
152 Paragraph 109(4)(a)
13
Omit "is paid", substitute "has been paid".
14
153 Paragraph 109(4)(b)
15
Omit "is spent", substitute "has been spent".
16
154 Paragraph 109(4)(c)
17
Omit "ceases", substitute "has ceased".
18
155 Subsection 118(1)
19
Omit "of the decisions referred to in column 1 of the following table",
20
substitute "decision of a kind referred to in column 1 of an item in the
21
following table made under the provision referred to in column 2 of the
22
item".
23
156 Subsection 118(1) (table, heading to column 1)
24
Repeal the heading, substitute:
25
Column 1
Decision
157 Subsection 118(1) (table, heading to column 2)
26
Repeal the heading, substitute:
27
Amendments Schedule 1
Miscellaneous technical amendments Part 3
No. , 2017
Australian Education Amendment Bill 2017
35
Column 2
Provision under which the
decision is made
158 Subsection 118(1) (table item 1)
1
Repeal the item.
2
159 Subsection 120(1)
3
Omit all the words after "unless the decision", substitute:
4
was made:
5
(a) by the Minister or Secretary personally; or
6
(b) under paragraph 81(1)(a), (b) or (d) or subsection 88(1) or
7
96(1).
8
160 Subsection 120(3)
9
Omit "Secretary must either", substitute "reviewable decision must be
10
reviewed by".
11
161 Paragraph 120(3)(a)
12
Repeal the paragraph, substitute:
13
(a) the Secretary personally; or
14
162 Paragraph 120(3)(b)
15
Omit "cause the reviewable decision to be reviewed by a", substitute
16
"another".
17
163 At the end of subsection 122(1)
18
Add:
19
; or (c) a reviewable decision made under paragraph 81(1)(a), (b) or
20
(d) or subsection 88(1) or 96(1).
21
164 Subsection 122(3)
22
Omit "(1)(a) or (b)", substitute "(1)(a), (b) or (c)".
23
165 Section 125 (heading)
24
Repeal the heading, substitute:
25
Schedule 1 Amendments
Part 3 Miscellaneous technical amendments
36
Australian Education Amendment Bill 2017
No. , 2017
125 Using, disclosing or publishing school education information
1
166 Paragraph 125(1)(a)
2
Omit "make a record of, use or disclose protected information
3
(including protected information", substitute "use or disclose school
4
education information (including school education information".
5
167 Paragraph 125(1)(b)
6
Omit "record, use or disclosure of protected information", substitute
7
"use or disclosure of school education information".
8
168 Subsection 125(2)
9
Omit "protected information", substitute "school education
10
information".
11
169 Paragraph 125(3)(a)
12
Omit "protected information", substitute "school education
13
information".
14
170 Paragraph 125(3)(b)
15
Omit "protected information may be recorded,", substitute "school
16
education information may be".
17
171 Paragraph 125(3)(c)
18
Omit "record, use or disclosure of protected information", substitute
19
"use or disclosure of school education information".
20
172 Subsection 125(3) (note)
21
Omit "making records of, using or disclosing protected information",
22
substitute "using or disclosing school education information".
23
173 Subsection 129(3)
24
Omit "an SES employee or acting SES employee", substitute "an APS
25
employee".
26
174 Subparagraph 130(2)(a)(ii)
27
Repeal the subparagraph, substitute:
28
(ii) using or disclosing school education information;
29
Amendments Schedule 1
Miscellaneous technical amendments Part 3
No. , 2017
Australian Education Amendment Bill 2017
37
175 Subsection 130(5)
1
Repeal the subsection, substitute:
2
Requirement to consult Ministerial Council
3
(5) Before the Governor-General makes one of the following, the
4
Minister must consult, and have regard to any relevant decisions
5
of, the Ministerial Council:
6
(a) a regulation for the purposes of:
7
(i) subsection 22(1) (conditions of financial assistance--
8
implementing national policy initiatives relating to
9
school education); or
10
(ii) section 22A (conditions of financial assistance--
11
maintaining State and Territory contributions);
12
(iii) section 24 (condition of financial assistance--
13
recovering amounts);
14
(b) a regulation that will affect an approved authority for a
15
government school for the purposes of:
16
(i) section 77 (ongoing policy requirements for approved
17
authorities); or
18
(ii) section 78 (ongoing funding requirements for approved
19
authorities).
20
176 Transitional provision
--review of decisions made before
21
1 January 2018
22
Division 3 of Part 9 (review of decisions) of the Australian Education
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Act 2013, as in force immediately before the commencement of this
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item, continues to apply in relation to a decision made before that
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commencement.
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