Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
1998-2000
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
HOUSE OF
REPRESENTATIVES
INDIGENOUS EDUCATION
(TARGETED ASSISTANCE) BILL 2000
EXPLANATORY
MEMORANDUM
(Circulated by authority of the Minister for Education, Training and Youth Affairs, the Hon Dr David Kemp MP)
ISBN: 0642 438668
EXPLANATORY MEMORANDUM
OUTLINE
The Indigenous Education (Targeted Assistance) Bill 2000 will be
the vehicle for the Government’s Indigenous education targeted funding
programme for the 2001-2004 quadrennium and will provide the authority to
appropriate some $591 million in grants to Indigenous education providers in the
States and Territories over the quadrennium.
The Bill will implement the
1999-2000 Budget initiatives for Indigenous education, including the
Commonwealth priorities to improve literacy, numeracy and attendance outcomes
for Indigenous students.
Specifically, the Bill will provide funding for the Indigenous Education Strategic Initiatives Programme (IESIP) for the period 1 January 2001 to 30 June 2005 to maintain Commonwealth effort in improving education outcomes for Indigenous Australians. This incorporates supplementary recurrent funding and funding for specific projects with the purpose of meeting the objects of the Bill. It will also provide for the continuation of the ‘Away-From-Base’ element of ABSTUDY, transferred to IESIP in 1999, for the 2001-2004 period.
The Bill allows the Minister to enter into a formal agreement authorising the making of payments to an education provider or other person or body for the purpose of advancing an object of the Bill. The agreement will contain a number of conditions that the grant recipients must meet. These conditions will include accountability provisions such as specifying agreed performance targets to be achieved and the provision of financial reports. The Bill allows the Commonwealth to recover or withhold funding if the conditions of the agreement are breached.
FINANCIAL IMPACT
Total funding levels for the 2001-2004 programme years under the Bill are
estimated to be around $591 million. This level of funding is consistent with
previous commitments by the Government to Indigenous
education.
This clause identifies the legislation as the Indigenous Education
(Targeted Assistance) Act 2000.
This clause provides that the Act will commence on the day on which it
receives the Royal Assent.
This clause provides an overview of the Act, namely that the Minister can
make an agreement with an education provider or other person or body authorising
the making of payments during the period 1 January 2001 to 30 June 2005.
Agreements can be made with education providers or with other persons or bodies
for the purpose of advancing the objects of this Act. The amounts of payments
made under an agreement must be specified in the agreement or worked out in
accordance with the agreement. If there is a breach of a condition in an
agreement, the Minister may require an amount to be repaid to the Commonwealth.
If the amount is not repaid other payments under the agreement may be reduced or
the Commonwealth may recover an amount as a debt.
This clause defines terms and expressions used in the Act.
Clause 5 – Object of Act – equitable and appropriate
educational outcomes for Indigenous people
This clause provides that
an object of this Act is to achieve equitable and appropriate education outcomes
for Indigenous people.
This clause provides that an object of this Act is to ensure that
Indigenous people enjoy equality with other Australians in their access to
education.
This clause provides that an object of this Act is to ensure equity in
participation by Indigenous people in education.
Clause 8 –
Object of Act – increasing involvement of Indigenous people in educational
decisions
This clause provides that an object of this Act is to
increase the involvement of Indigenous people in the making of decisions
concerning education.
Clause 9 – Object of Act – to
develop culturally appropriate education services for Indigenous
people
This clause provides that an object of this Act is to
encourage the development of education services that are culturally appropriate
for Indigenous people.
This clause prescribes that the Minister may make an agreement with an
education provider for the purpose of advancing the objects of the Act that
authorises the making of one or more payments to the provider in one or more
specified funding years for:
• recurrent expenditure
• one or more specified ABSTUDY approved courses
• specified
projects
The amount or amounts of the payments for each of these purposes
for each funding year covered by the agreement must be specified in the
agreement, or worked out in accordance with the agreement.
This clause prescribes that the Minister may make an agreement with a
person or body (other than an education provider) for the purpose of advancing
the objects of the Act that authorises the making of one or more payments to the
person or body for one or more specified projects. The amount or amounts of the
payments for each of these purposes for each funding year covered by the
agreement must be specified in the agreement, or worked out in accordance with
the agreement.
This clause prescribes that where an education provider or another person
or body breaches a condition of the agreement that the Minister may by notice
sent to the recipient require the recipient to repay to the Commonwealth the
amount stated in the notice. Where the recipient does not make such a repayment
then the Minister may reduce other amounts payable to the recipient under the
agreement or the Commonwealth may recover as a debt in a court of competent
jurisdiction the outstanding balance of the recoverable amount.
This clause provides that ABSTUDY payments are to be made out of the
Consolidated Revenue Fund, which is appropriated accordingly.
This clause prescribes the funding amounts appropriated out of the
Consolidated Revenue Fund for each of the funding years for non-ABSTUDY payments
(that is, for recurrent expenditure and specified projects). These funding
amounts cover the period 1 January 2001 to 30 June 2005. This clause also
provides for regulations to be made for increasing the funding amounts detailed
in this clause. This allows for cost supplementation to be applied on an annual
basis to these funds.
This clause provides that each provision that appropriates money out of
the Consolidated Revenue Fund operates separately from the other provisions that
appropriate money.
This clause provides that funding provided under the Indigenous
Education (Supplementary Assistance) Act 1989 for the period starting on 1
January 2000 and ending on 30 June 2001 is also available for the purpose of
making non-ABSTUDY payments during the period starting on 1 January 2001 and
ending on 30 June 2002.
This clause enables the Minister to delegate any of the Minister’s
powers under this Act to the Secretary of the Department or an APS employee in
the Department.
This clause enables the Governor-General to make regulations prescribing
matters required or permitted by this Act or necessary or convenient for
carrying out or giving effect to this Act.