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2022-2023
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
AUSTRALIAN EDUCATION AMENDMENT (SAVE OUR PUBLIC SCHOOLS) BILL
2023
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Allman-Payne)
AUSTRALIAN EDUCATION AMENDMENT (SAVE OUR PUBLIC
SCHOOLS) BILL 2023
OUTLINE
The Bill proposes amendments to the Australian Education Act 2013 that will introduce a
positive obligation on the federal government to increase the proportion of funding provided
to government schools. The purpose of the amendments is to strengthen the onus that ensures
government schools are fully funded to their minimum standard.
Specifically, the amendments:
• redefine the Commonwealth share for a government school to twenty-five percent or
higher;
• introduce an object of the Act that 'every school-aged child in Australia has access to
a fully-funded government school'; and
• introduce an obligation on the federal education Minister to be satisfied when
determining the Commonwealth share for a government school that it is consistent
with the above objective.
This is motivated by a need to fill the current funding gap between jurisdictions with respect
for government schools funding. The School Resourcing Standard is an estimate of how
much total funding is needed for a student to meet their minimum educational needs. Funding
of the School Resourcing Standard for government schools is divided between the federal
government and the state and territory governments. This is negotiated in bilateral
agreements with each state and territory.
The federal government currently provides twenty percent of the total portion of the School
Resourcing Standard. States and territories are responsible for providing the remaining eighty
percent. However, in effect the only jurisdiction to provide the full eighty percent of funding
is the Australian Capital Territory, with all remaining jurisdictions falling significantly
behind in providing their share of funding.
The result of this is that the majority of public school students in Australia do not receive the
entirety of the School Resourcing Standard funding that is needed to meet their minimum
educational need.
NOTES ON CLAUSES
Clause 1: Short Title
1. This clause provides for the Act to be cited as the Australian Education Amendment
(Save Our Public Schools) Act 2023.
Clause 2: Commencement
2. This clause provides for the commencement of the Act to be the day after receiving
Royal Assent.
Clause 3: Schedules
3. This clause provides that each Act specified in a Schedule to the Act is amended or
repealed as is set out in the applicable items in the Schedule. Any other item in a Schedule to
the Act has effect according to its terms.
Schedule 1--Amendments
Australian Education Act 2013
Item 1 - Section 3
4. Item 1 inserts a new paragraph 3(c) into the objects in section 3 of the Australian
Education Act 2013. The new paragraph 3(c) provides that an object of the Act is "to ensure
every school-aged child in Australia has access to a fully funded government school".
Item 2 - Section 35A
5. Item 2 repeals the current definition of "Commonwealth share" in section 35A of the
Australian Education Act 2013 and substitutes it with a new definition. New section 35A
defines the Commonwealth share of funding provided by the federal government for
government and non-government schools. The new section sets out the Commonwealth share
as:
• for a government school--25%, unless the regulations prescribe a higher percentage;
• for a non-government school--80% unless regulations prescribe otherwise.
6. New subsections 35A(2) and (3) also insert an objective that when considering
making a determination for the Commonwealth share the Minister must be satisfied that
regulations are consistent with the objective in subsection 35A(3). Subsection 35A(3) states
"the objective is that every school-aged child in Australia has access to a fully funded
government school".
7. New subsection 35A(4) provides that, for the avoidance of doubt, subsections 35A(2)
and (3) do not apply to government and non-government schools still covered by the
transitional arrangements in sections 35B and 35C of the Australia Education Act 2013.
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Australian Education Amendment (Save Our Public Schools) Bill 2023
This Bill is compatible with the human rights and freedoms recognised or declared in the
international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011.
Overview of the Bill
The Bill proposes amendments to the Australian Education Act 2013 that will introduce a
positive obligation on the federal government to increase the proportion of funding provided
to government schools. Specifically, the amendments:
• redefine the Commonwealth share for a government school to twenty-five percent or
higher;
• introduce an object of the Act that 'every school-aged child in Australia has access to
a fully-funded government school'; and
• introduce an obligation on the federal Education Minister to be satisfied when
determining the Commonwealth share for a government school that it is consistent
with the above objective.
Human rights implications
This Bill does not restrain or infringe any of the applicable rights or freedoms. The Bill
engages several rights in a positive way.
The Bill engages positively with the right to education by promoting an increase in
resourcing, which has flow on effects for the ability of students to access and enjoy a quality
education. This also positively impacts the ability of teachers to be appropriately resourced in
carrying out their duties.
The Bill engages positively with the right of people with disability. As the public education
system in Australia supports the majority of disabled children, increases in resourcing
directly correlate to increasing the support for these children. Increasing resourcing has
capacity to strengthen the access to services, access to facilities, and ensure appropriate
measures are taken by schools to meet their educational needs.
Conclusion
This Bill is compatible with human rights as it advances the protection of human rights.
Senator Allman-Payne