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2010-2011-2012-2013
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE HOUSE OF REPRESENTATIVES
INDIGENOUS EDUCATION (TARGETED ASSISTANCE) AMENDMENT BILL 2013
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for School Education, Early Childhood and Youth)
INDIGENOUS EDUCATION (TARGETED ASSISTANCE) AMENDMENT
BILL 2013
GENERAL OUTLINE
The Bill amends the Indigenous Education (Targeted Assistance) Act 2000 (IETA) to
increase the legislative appropriations for the period from 1 January 2012 to 30 June
2014. The increased appropriations will enable the education components of the
Stronger Futures in the Northern Territory National Partnership (SFNT-NP),
specifically the School Nutrition Program and the Additional Teachers initiative, to be
administered under IETA. As a result of 2012 Budget decisions, the education
components of the SFNT-NP will be administered through IETA until 31 December
2013 at which point they will be funded directly through the Treasury under usual
National Partnership arrangements.
The increased appropriations will benefit the School Nutrition Program and the
Additional Teachers initiative under the SFNT-NP and will include new funding for
the Achieving Results Through Indigenous Education (ARTIE) project which will be
administered through the Sporting Chance program which is funded under IETA.
FINANCIAL IMPACT STATEMENT
An additional $79,000 is required for the 1 January 2012 to 30 June 2013
appropriation period due to an adjustment to the School Nutrition Program as part of
the SFNT-NP. This adjustment will increase the 1 January 2012 to 30 June 2013
appropriation from $132,607,000 to $132,686,000.
An additional $3,176,000 is required for the 1 January 2013 to 30 June 2014
appropriation period due to an adjustment to the School Nutrition Program and
Additional Teachers initiative as part of the SFNT-NP and the commencement of the
ARTIE project. The additional appropriated funds will increase the 1 January 2013 to
30 June 2014 appropriation from $137,699,000 to $140,875,000.
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NOTES ON CLAUSES
Clause 1 - Short Title
This clause identifies the legislation as the Indigenous Education (Targeted
Assistance) Amendment Act 2013 (the Act).
Clause 2 - Commencement
This clause provides that the Act will commence on the day on which it receives the
Royal Assent.
Clause 3 - Schedule(s)
This clause provides that each Act referred to in the Schedule to the Act is amended
or repealed as set out in the applicable items in the Schedule. In addition, any other
item in a Schedule to the Act has effect according to its terms.
SCHEDULE 1 - AMENDMENTS
Item 1 amends subsection 14B(1) (table item 4) of IETA. This item prescribes the
funding amounts appropriated out of the Consolidated Revenue Fund (CRF) for non-
ABSTUDY payments for the period 1 January 2012 to 30 June 2013. The starting
amount for the appropriation in table item 4 will be increased from $132, 607,000 to
$132,686,000. The increase to the appropriation is required due to an adjustment to
the School Nutrition Program as part of the SFNT-NP.
Item 2 amends subsection 14C(1) (table item 1) of IETA. This item prescribes the
funding amounts appropriated out of the CRF for non-ABSTUDY payments for the
period 1 January 2013 to 30 June 2014. The starting amount for the appropriation will
be increased from $137,699,000 to $140,875,000. The increase to the appropriation is
required due to an adjustment to the School Nutrition Program and Additional
Teachers initiative as part of the SFNT-NP as well as the commencement of the
ARTIE program.
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011
Indigenous Education (Targeted Assistance) Amendment Bill 2013
This Bill is compatible with 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 legislative amendments
The Bill amends the Indigenous Education (Targeted Assistance) Act 2000 (IETA) to
increase the legislative appropriations for the period from 1 January 2012 to 30 June
2014. This increase to the appropriations allows for an adjustment to the education
components of the SFNT-NP, specifically the School Nutrition Program and the
Additional Teachers initiative; and includes new funding for the Achieving Results
Through Indigenous Education (ARTIE) project which will be administered through
the Sporting Chance program funded under IETA.
Human rights implications
The Bill engages the following human rights:
the right to education - Article 13 of the International Covenant on Economic,
Social and Cultural Rights; and
the elimination of racial discrimination - Articles 2 and 1(4) of the Convention
on the Elimination of all forms of Racial Discrimination.
Right to Education
Items 1 and 2 of Schedule 1 to the Indigenous Education (Targeted Assistance)
Amendment Bill 2013 (the Bill) engage the right to education contained in article 13
of the International Covenant on Economic, Social and Cultural Rights. One of the
main objectives of IETA is to ensure equitable and appropriate educational outcomes
for Indigenous students. The increased appropriations will positively contribute to
achieving this aim.
Specifically, this will be achieved through the funding of a range of educational
programs provided under IETA, including additional funding for teachers in remote
Northern Territory schools and the commencement of the ARTIE program. It is the
mission of the ARTIE Academy to offer a service that allows Indigenous students to
achieve a level of academic success that not only ensures Year 12 completion, but
provides an opportunity for desired career choices to be potentially achieved.
Funding provided through IETA will allow for the implementation of the Academy's
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tutoring program in primary schools and for the expansion of the Academy into
Townsville.
The additional appropriations under IETA will also be used to fund the continuation
of the School Nutrition program, which enables a nutritious breakfast, lunch and
snacks to be provided to 5,000 students in 67 target schools across remote Northern
Territory communities to assist in improving students' ability to participate in school
and learning.
The range of programs funded under IETA will make a positive contribution to
promoting the right to education for the Indigenous students concerned.
Elimination of racial discrimination
Items 1 and 2 of Schedule 1 to the Bill will fund programs that will differentiate
between individuals or groups on the basis of race, albeit to promote the right to
education of Indigenous students.
Australia has obligations to eliminate all forms of racial discrimination under Article
2 of the Convention on the Elimination of All Forms of Racial Discrimination
(CERD). However, not all treatment that differentiates between individuals will
amount to discrimination. Article 1(4) of the CERD provides that, where special
measures are taken for the sole purpose of securing adequate advancement of certain
racial or ethnic groups or individuals in the equal enjoyment of their human rights,
those measures will not amount to racial discrimination.
The additional appropriations under IETA which provide funding for programs that
are intended to achieve equality in educational outcomes for Indigenous students is a
special measure and is not discriminatory as it is designed to benefit and ensure the
improved educational attainment of Indigenous students.
It is widely acknowledged that Aboriginal and Torres Strait Islander students have a
lower level of educational engagement, attendance and attainment than non-
Indigenous students. For example:
The proportion of Indigenous 20 to 24 year-olds who had completed year 12
or the equivalent was around half that of non-Indigenous 20 to 24 year-olds in
2008.
The participation rates in the National Assessment Program - Literacy and
Numeracy tests were lower for Aboriginal and Torres Strait Islander students
than for non-Indigenous students in 2010. For Indigenous students, the rate
was lower in remote areas, while, for non-Indigenous students, the rate was
similar across remote areas.
Of Indigenous people aged 15 and older, 34.1 per cent reported year 9 or
below as their highest level of schooling in 2008, compared to 16.0 per cent of
non-Indigenous people aged 15 and older.
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Around one-third of Indigenous students achieved the minimum proficiency
level in international tests for science, mathematics and reading literacy in
2009, compared to around two-thirds of non-Indigenous students.
There are a number of Council of Australian Governments (COAG) targets aimed at
reducing the gap in education attendance and attainment between Aboriginal and
Torres Strait Islander students and non-Indigenous students. The programs to be
funded under IETA, as a result of the amendments in the Bill are special measures
which are appropriate, necessary and proportionate while also being temporary.
These measures are aligned with the national Aboriginal and Torres Strait Islander
Education Policy, and the Australian Government's Indigenous Reform Agenda
through the nationally integrated `Closing the Gap' strategy agreed to by COAG.
COAG has also agreed to specific timeframes for achieving six `Closing the Gap'
targets relating to, amongst other things, Indigenous education and which are aimed at
improving and promoting the equal enjoyment of the right to education of Indigenous
students. The measures contained in the Bill therefore do not amount to racial
discrimination as they are special measures.
Conclusion
The Bill is compatible with human rights as it promotes the right to education and the
obligation to eliminate racial discrimination.
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