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2008
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
SCHOOLS ASSISTANCE BILL 2008
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Education,
the Honourable Julia Gillard MP)
SCHOOLS ASSISTANCE BILL 2008
OUTLINE
The purpose of the Bill is to implement the Government's commitment to
provide stability in Commonwealth funding for non-government schools for
2009 to 2012.
The Bill appropriates funding for Commonwealth programs of financial
assistance to the States and Territories for non-government schools. It
succeeds the Schools Assistance (Learning Together - Achievement Through
Choice and Opportunity) Act 2004 (the former Act) which authorised funding
for government and non-government schools for the 2005 to 2008 funding
period.
The socioeconomic status (SES) funding model will be maintained as the
basis for Commonwealth funding of non-government schools for 2009 to 2012.
The SES funding arrangements were introduced in 2001 to provide a more
transparent, objective and equitable approach to funding non-government
schools. General recurrent funding is distributed according to need and
schools serving the neediest communities receive the greatest financial
support.
The Bill will implement the following funding arrangements for non-
government schools for 2009 to 2012:
. Schools with a 2009-2012 SES score that is the same as their score for
the current quadrennium will continue to receive per capita funding
entitlements at the same rate of Average Government School Recurrent
Costs (AGSRC).
. Schools that are currently funding maintained, will continue to be
funding maintained for 2009 to 2012 unless their 2009 to 2012 SES score
indicates higher total school funding than the school currently receives.
. Schools with a 2009 to 2012 SES score that is lower than their current
score will attract a higher per capita funding rate from 2009 unless the
school is currently funding maintained and in receipt of higher total
school funding or already in receipt of maximum funding.
. Schools with a 2009 to 2012 SES score that is higher than their current
score will have their 2008 per capita dollar amounts guaranteed (or
frozen) until the value of the new score is equal to, or greater than,
their 2008 entitlements unless the school is funding maintained or
already in receipt of maximum funding.
. Maximum recurrent grant funding of 70 per cent of AGSRC is automatically
provided for schools that are special schools or meet the criteria as a
special assistance school. For 2009 to 2012 this maximum level of
funding is provided for a new class of schools that have certain levels
of Indigenous enrolments (where Indigenous enrolments are 50 per cent or
more of enrolments for schools in very remote areas and 80 per cent or
more of enrolments in any other area).
. A remoteness loading will apply for students attending a school campus
(not including distance education students) if the campus is classified
as a moderately accessible school campus, a remote school campus or a
very remote school campus. These loadings are 5 per cent, 10 per cent
and 20 per cent respectively of a school's SES score entitlement. The
remoteness loading will apply for non-government schools that are already
in receipt of general recurrent funding.
The Bill will include recurrent funding for Indigenous Supplementary
Assistance for Indigenous students attending non-government schools. This
funding for Indigenous students was previously appropriated under the
Indigenous Education (Targeted Assistance) Act 2000.
The Bill also provides for an Indigenous Funding Guarantee, to ensure that
non-government schools and systems do not receive less funding than they
would have been entitled to in 2008.
The Bill provides funding for capital grants for non-government schools.
The Bill continues funding for existing Commonwealth programs of targeted
assistance for non-government schools for 2009-2012. These programs
include:
- Literacy, Numeracy and Special Learning Needs, for students who are
educationally disadvantaged, including students with disabilities;
- Country Areas, for non-government students in geographically isolated
areas;
- Languages, to support language programs in non-government schools; and
- English as a Second Language for New Arrivals, to support newly arrived
students to learn English;
- Short Term Emergency Assistance for non-government schools to support the
operation of schools that have been affected by unforeseen, emergency
circumstances;
Establishment assistance grants will be provided in 2009. Non-government
schools which commenced operation in 2008 and received the first year per
student entitlement of establishment assistance under the former Act in
2008 will receive their second year entitlement in 2009.
The Bill provides for the indexation of recurrent and targeted programs
based on Average Government School Recurrent Costs (AGSRC). Capital grants
will continue to be indexed according to annual movements in building
prices.
The Bill implements a school performance information and transparency
framework for 2009 to 2012 focused on good reporting to parents, the
community and government to drive system reform and improve student
outcomes.
National student assessments are to be carried out as specified in the
regulations and in the way and time specified in the regulations.
Regulations may prescribe assessments against specified national standards,
including standards in reading, writing, language conventions and numeracy
for students in year 3, 5, 7 and 9. They may also prescribe the coverage
and frequency of such assessments, whether full-cohort annual literacy and
numeracy assessments or triennial sample assessments.
The Bill requires all school authorities to provide, in a timely manner, to
such bodies as the Minister determines, the performance information
specified in regulations. This information will be published in national
reports on schooling.
The Bill requires all schools and school system authorities to provide the
Minister, or such other body as determined, the individual school
information specified in the regulations, for each school or school in the
system.
The Bill will require schools to provide reports to parents that are timely
and provide plain language feedback on their child's performance, including
each student's achievement against any national standards and relative to
the student's peer group at the school. Further requirements could be
specified in regulations, for example that reports to parents must include
a report from national literacy and numeracy tests showing student
achievement against key indicators, such as the national average, the
middle 60 per cent of students and national minimum literacy and numeracy
attainment standards where these have been set.
The Bill will require all schools to publish a range of information in
relation to the school, to be made publicly available within 6 months of
the end of each year. The information, and the manner in which it may be
published, is to be specified in regulations. The required information
will include information about the school, its teachers, and key student
outcomes.
The Bill will require all non-government education authorities and schools
to implement the National Curriculum, prescribed by the regulations, before
the start of the 2012 school year.
The Bill includes financial accountability requirements as a condition of
funding.
The legislative basis for schools funding will continue to be underpinned
by agreements with non-government school authorities. Administrative
details will be in guidelines.
FINANCIAL IMPACT
The Bill provides for an appropriation of an estimated $28.0 billion (final
2008 prices) for 2009 to 2012.
In accordance with the Government's policy, these amounts will be adjusted
for price movements.
SCHOOLS ASSISTANCE BILL 2008
NOTES ON CLAUSES
Part 1-Preliminary
Clause 1 - Short title
Provides that this Act may be cited as the Schools Assistance Act 2008.
Clause 2 - Commencement
Provides that this Act commences on 1 January 2009.
Clause 3 - Simplified outline of Act
Clause 3 is an information provision which provides an overview of the Bill
to assist with readability. The main provisions of the Bill are:
. Financial assistance may be paid to a State for or in connection with
non-government schools (or approved school systems) in the State for
recurrent expenditure, capital expenditure and targeted expenditure.
. Financial assistance may be paid for the 2009 to 2012 program years.
. Financial assistance for a non-government school, or another non-
government body, may only be paid if there is a funding agreement with
the relevant authority of the school or body that sets out the
requirements that must, under this Bill, be included in the agreement.
. If a non-government school, or another non-government body, breaches a
funding agreement, the Minister may (under the agreement) require the
school or body to repay an amount to the Commonwealth. The Minister
may also reduce or delay the amount of other payments for the school
or body under this Bill.
. If a State fails to pass on an amount of financial assistance to a non-
government school or another non-government body for which financial
assistance is granted under this Bill, the Minister may require the
State to repay an amount to the Commonwealth.
Part 2-Interpretation
Division 1 - Definitions
Clause 4 - Definitions [see also 2004 Act section 4]
An interpretation provision which contains definitions of the terms and
expressions used in the Bill.
Division 2 - Other important concepts
Clause 5 - Students receiving education at non-government schools
Provides for a definition of the concept of a student receiving primary
education or secondary education at a non-government school.
Subclause 5(1) deals with the definition of receiving primary education or
secondary education.
Subclause 5(2) deals with receiving primary distance education or secondary
distance education. This subclause in conjunction with Part 4 Division 7
specify that while a student may be receiving a primary or secondary level
of distance education, they will only be entitled to funding where they are
attached to a non-government school that is already in receipt of recurrent
funding, for the particular level and at the particular location, as per
Part 4 Division 3 to Division 6.
Clause 6 - Meaning of funding level
Provides for a definition of the concept of funding level of a school for a
particular level of education. The table at Clause 6 sets out the general
funding levels.
Clause 7 - Levels of education
Provides for a definition of the concept of level of education.
Subclauses 7(1), (2) and (3) provide that the Minister may determine, by
legislative instrument, a level or primary education or a level of
secondary education for a State, and the matters to which that
determination may relate.
Subclause 7(4) provides that a reference in the Bill to a level of
education at a school in a State includes a reference to a year in a course
of primary education or secondary education provided at the school at a
level, determined by the Minister (under subclause (1)) that applies to the
school.
Clause 8 - Meaning of schools census day
Provides a definition of the concept of schools census day.
Subclauses 8(2) and (3) provide for the circumstances in which the Minister
may declare a particular day in a calendar year to be the schools census
day for that year (where special circumstances exist),, or agree with the
State Minister that a particular day in a calendar year is to be the
schools census day for that year.
Clause 9 - Meaning of school campus census day
Provides a definition of the concept of school campus census day.
Subclause 9(2) provides that the Minister may declare a particular day in a
calendar year to be the schools campus census day for that year in special
circumstances.
Clause 10 - Meaning of nominated authority
Provides for a definition of the concept of nominated authority.
Subclause 10(1) provides that for the purposes of this Bill, or a provision
(or provisions) of this Bill specified under subclause (2), a body
nominated under that subsection by a group of non-government schools is the
nominated authority of the group.
Subclause 10(2) provides that a group of non-government schools may make a
written nomination to the Secretary of the Department of a body to be the
nominated authority of the group for the purposes of this Bill, or of a
specified provision or provisions of this Bill.
Part 3-Authorisation of financial assistance
Division 1-Simplified outline of Part
Clause 11 - Simplified outline
Clause 11 is an information provision which provides an overview of Part 3
to assist with readability.
Division 2-Authorised financial assistance
Clause 12 - Authorised financial assistance-funding agreements
Provides that a funding agreement must be in place before the Minister
authorises a payment of financial assistance.
Subclause 12(1) provides that the Minister must not authorise a payment to
a State under this Bill for a non-government school, or another non-
government body, unless the relevant authority of the school or body has
made an agreement (a funding agreement) with the Commonwealth that complies
with Division 3 (Funding agreements).
Subclause 12(2) clarifies that a funding agreement may have been made
before the commencement of this Bill.
Clause 13 - Authorised financial assistance-schools must be approved
Clause 13 provides that the Minister must not authorise a payment to a
State under this Bill for education at a particular level at a particular
location at a non-government school unless the school is an approved school
for that level and location. A note at the end of the clause has been
inserted to assist the reader to clarify that Part 7 deals with the
approval of schools.
Clause 14 - Authorised financial assistance- State recognition of schools
Deals with State recognition of schools, levels of education at schools,
and locations for levels of education at schools, for the purposes of
authorising payments under this Bill.
Subclause 14(1) empowers the Minister to refuse to authorise payment to a
State for a non-government school during any period when the State Minister
does not recognise the school. A note at the end of the subclause assists
the reader to clarify that if a State Minister does not recognise a school,
then the Minister must revoke the school's approved school determination
under clause 122.
Subclause 14(2) empowers the Minister to refuse to authorise a payment to a
State under this Bill for a non-government school for a particular level of
education provided at that school during any period when the State Minister
does not recognise that school for that level of education.
Subclause 14(3) empowers the Minister to refuse to authorise a payment to a
State under this Bill for a non-government school for provision of a level
of education by the school at a particular location during any period when
the State Minister does not recognise the school for that level of
education provided at the location.
Subclause 14(4) provides that, without limiting subclauses (1) to (3), for
the purposes of Clause 14 a period during which the State Minister
concerned does not recognise a school includes a period (including a
temporary period) during which the school is not permitted under the law of
the State concerned to provide:
. in relation to the condition in subclause (1)-any level of
education (at whatever level) at the school; or
. in relation to the condition in subclause (2)-the level of
education concerned at the school; or
. in relation to the condition in subclause (3)-the level of
education concerned at the school, at the location concerned.
This can include cancellation of a particular level of education (such as
senior secondary) or the suspension of any levels of education.
Clause 15- Authorised financial assistance-financial viability
Clause 15 provides that the Minister may refuse to authorise, or may delay,
a payment to a State under this Bill for a non-government body (including a
non-government school), or the relevant authority of such a body, if the
following circumstances apply:
. either or both the body or authority is a body corporate that is being
wound up or whose affairs are under any form of external control (for
example, the control of a manager) under a law of the Commonwealth or
a State; or
. the Minister considers that the liabilities of the body or authority
are greater than its assets or the body or authority is (and is likely
to continue for a substantial period to be) unable to pay its debts as
and when they fall due for payment; or
. if a law of the Commonwealth or a State requires the body or authority
to be audited, the relevant audit is expressed to be qualified or
expresses concern about the financial viability of the body or
authority.
Paragraph 15(a) can include where the school is under the control of a
liquidator, an administrator, a manager or a receiver. Paragraph 15(c) can
include an independent auditor's report required by the Australian
Securities and Investment Commission.
Division 3-Funding agreements
Subdivision A -Purpose of grants
Clause 16 -Funding agreements-purpose of grants
Clause 16 requires amounts received by the relevant authority be spent for
the specified purposes.
Subclause 16(1) provides that a funding agreement must require the relevant
authority for the non-government school, or other non-government body, to
ensure that amounts received by the relevant authority from the State, as a
result of the payment to the State for the school or body, are spent for
purposes that are determined by the Minister and set out in the agreement.
Subclause 16(2) provides that, without limiting subclause 16(1), the
purposes include administrative expenses incurred by the relevant
authority. A note at the end of subsection 16(2) has been inserted to
assist the reader by clarifying that financial assistance may be given for
recurrent expenditure, capital expenditure or targeted expenditure (see
Parts 4, 5 and 6).
Subdivision B-National school performance and transparency requirements
Subdivision B sets out the requirements relating to performance of, and
reporting by, non-government schools.
Clause 17 - Funding agreements-national student assessments
Clause 17 requires all relevant authorities for schools and school systems
to ensure that students in the school or schools for which they are the
relevant authority participate in national testing that is specified in the
regulations and participate by a date no later than a date or dates
determined by the Minister. National student assessments currently include
annual full-cohort assessments in literacy and numeracy at years 3, 5, 7
and 9, together with less frequent national and international sample
assessments at various year levels in reading, mathematics, science, civics
and citizenship education and Information and Communications Technologies
(ICT) literacy.
Subclause 17(1) provides for a definition of national student assessments -
that they are assessments prescribed in the regulations which must be made
against national standards, including standards in reading, writing,
language conventions and numeracy for students in year 3, 5, 7 and 9 at
school.
Subclause 17(2) sets out the requirements for national student assessments
and provides that a funding agreement for a non-systemic school, or for an
approved school system, must require the relevant authority for the school
or system to ensure that, each national student assessment specified in the
regulations as applying to the school (or the schools in the system) is
carried out no later than a day or days (if any) determined by the Minister
and as prescribed by the regulations. A note at the end of subclause 17(2)
has been inserted to assist the reader by clarifying that the regulations
may provide that the assessments are to be carried out only for schools of
a particular class and may make different provisions for assessments at
schools of different classes, permitted by subsection 33(3A) of the Acts
Interpretation Act 1901.
Subclause 17(3) provides that, without limiting subclause (2), the
regulations made for the purposes of that subclause may require a national
student assessment to be carried out for the students specified in the
regulations, and in the way and with the frequency prescribed by the
regulations. A note at the end of subclause (3) has been inserted to assist
the reader by clarifying that the regulations may provide that the
assessments are to be carried out only for students of a particular class
and may make different provisions for students of different classes,
permitted by subsection 33(3A) of the Acts Interpretation Act 1901.
Subclause 17(4) provides that regulations made for the purposes of clause
17 may make provision in relation to a matter by applying, adopting or
incorporating any matter contained in an instrument or other writing as in
force or existing from time to time. This is required to show a 'contrary
intention' for the purposes of subsection 14(2) of the Legislative
Instruments Act 2003 which provides that unless the contrary intention
appears, the legislative instrument may not make provision in relation to a
matter by applying, adopting or incorporating with or without modification,
any matter contained in any other instrument or other writing as in force
or existing from time to time.
The purpose of this provision is to allow the regulations to prescribe
tests by reference to other documents and incorporating any changes to
those documents from time to time, rather than only permitting the
referenced document to be incorporated in the form that it exists when this
Bill commences.
Clause 18 - Funding agreements-national reports on the outcomes of
schooling
Clause 18 requires all school authorities to provide, in a timely manner,
performance information including the results of the national student
assessments, information on student enrolment and attendance and
information on Year 12 attainment and on transition. This information will
be published in national reports on schooling which it is expected will be
published within 12 months of the end of the program year.
Subclause 18(1) provides that a funding agreement for a non-systemic
school, or for an approved school system, must require the relevant
authority for the school or system to do each of the following:
. in the case of an agreement for a non-systemic school-ensure that the
school participates in preparing a national report (or reports) on the
outcomes of schooling;
. in the case of an agreement for an approved school system-ensure that
the system, and each school in the system, participates in preparing a
national report (or reports) on the outcomes of schooling;
. give the Minister (for inclusion in a report mentioned in
paragraphs 18(1)(a) or 18(1)(b)) a report (or reports), of a kind or
kinds required by the Minister, addressing the requirements for
performance information prescribed by the regulations.
The purpose of subclause 18(1) is to ensure that the relevant authority for
a non-government school or approved school system must participate in and
ensure that the school or each school in the approved school system for
which it is the relevant authority must participate in preparing a national
report on the outcomes of schooling.
Subclause 18(2) provides that a requirement mentioned in
paragraph 18(1)(a), 18(1)(b) or 18(1)(c) must be satisfied not later than a
day or days determined by the Minister (if determined) or, in any other
case, a day or days that will allow publication of any report mentioned in
paragraphs 18(1)(a) and 18(b) within one year after the end of each program
year.
Clause 19 - Funding agreements-individual school information
Clause 19 requires all school authorities to provide to the Minister (on
request) reports about each individual school in relation to assessments at
Years 3, 5, 7 and 9 at each school, disaggregated according the specified
student background characteristics.
Subclause 19(1) provides that a funding agreement for a non-systemic
school, or an approved school system, must require the relevant authority
for the school or system to ensure that the school, or each school in the
system, gives the Minister, or another person or body determined by the
Minister, a report (or reports) about individual school information
specified by the regulations for the school.
Subclause 19(2) provides that the report (or reports) mentioned in
subclause 19(1) must be of a kind (or kinds) required by the Minister, must
be given to the Minister from time to time as required by the Minister in
the way (if any) determined by the Minister and no later than a day or days
(if any) required by the Minister.
Clause 20 - Funding agreements-reporting to parents etc
Clause 20 requires all school authorities to provide to the parents or
guardians of each child attending each school student reports which meet
certain specified requirements. The Minister may determine the required
characteristics of student's reports, including common national formats.
The aim of the changes to the conditions in the Bill from the similar
condition in the 2004 Act is to simplify the provisions in the Bill and
move all the detail about the time, manner and the content of the reports
into the regulations.
Subclause 20(1) explains the scope of clause 20 which is that the clause
applies in relation to a student who attends a non-systemic school, or a
school that is a member of an approved school system.
Subclause 20(2) deals with reports about students attending school. The
clause provides that a funding agreement for the school, or system, must
require the relevant authority for the school or system to give each person
responsible for the student a report (or reports) that complies with this
clause.
Subclause 20(3) provides that the report (or reports) complies with this
clause if the report:
. uses plain language and is readily understood by the person
responsible for the student;
. gives an accurate and objective assessment of the student's progress
and achievement
. includes an assessment of the student's achievement against available
national standards and relative to the performance of the student's
peer group at the school;
. meets any other requirements specified in the regulations; and
. is given to each person responsible for the student in the way and
with the frequency prescribed by the regulations.
Clause 21 - Funding agreements-publication by schools of information
relating to schools
Clause 21 requires relevant authorities to ensure that each school for
which they are the relevant authority publishes information for parents and
the community, in an annual report, against a set of indicators, with such
information to be published on the school's website and within six months
of the end of the school year.
Subclause 21(1) provides that a funding agreement for a non-systemic
school, or an approved school system, must require the relevant authority
for the school or system to ensure that the school, or each school in the
system, makes the information specified in the regulations relating to the
school for a program year publicly available within 6 months after the end
of the program year.
Subclause 21(2) provides that the information mentioned in subclause (1)
must be made publicly available in the way (if any) specified by the
regulations.
Clause 22 - Funding agreements-national curriculum
Clause 22 will introduce a new policy which requires the relevant authority
to ensure that each school implements a national curriculum for primary and
secondary education.
Subclause 22(1) provides that a funding agreement for a non-systemic
school, or an approved school system, must require the relevant authority
for the school or system to ensure that the school, or each school in the
system, implements the national curriculum prescribed by the regulations
for primary education or secondary education (or both, as applicable).
Subclause 22(2) provides that the requirement to implement the national
curriculum must be satisfied on or before 31 January 2012.
Subdivision C-Grant acquittal and reporting requirements
Clause 23 - Funding agreements-acquittal of grants
Clause 23 requires the relevant authority for the non-government school or
other non-government body to acquit to the Secretary that the financial
assistance has been spent for the specified purposes.
Subclause 23(1) provides that a funding agreement must require the relevant
authority for the non-government school, or other non-government body to
give the Secretary of the Department a certificate by a qualified
accountant stating whether an amount equal to the sum of the amounts
mentioned in subclause 16(1) has been spent (or committed to be spent) for
the program year for the purposes mentioned in that subclause and to give
the certificate on or before 30 June following the program year concerned,
or another day allowed by the Minister.
Subclause 23(2) is a definition provision which provides for the purposes
of clause 23, a qualified accountant means a qualified accountant within
the meaning of the Corporations Act 2001, a person registered (or taken to
be registered) as a company auditor under the Corporations Act 2001 or is a
person approved by the Minister as a qualified accountant under subsection
(3).
Subclause 23(3) empowers the Minister to approve a person as a qualified
accountant for the purposes of subclause (2).
Clause 24 - Funding agreements-reports on programs and financial operations
Clause 24 requires a relevant authority for a non-government school or
other non-government body to give to the Minister reports on programs of
financial assistance and the financial operations of the school or other
body and all the schools in the system (if applicable).
Subclause 24(1) provides that a funding agreement must require the relevant
authority for the non-government school, or other non-government body, to
ensure that a report or reports, of a kind or kinds required by the
Minister, is given to the Minister in relation to each of the following:
. programs of financial assistance provided under this Bill, so far as
they relate to the relevant authority;
. the financial operations (including the financial viability and
funding sources) of the school or other body and, in the case of an
approved school system, the schools (including each particular
school) in the system.
Subclause 24(2) provides that the report must be given to the Minister no
later than a day or days (if any) determined by the Minister.
Subdivision D-Monitoring, evaluation and compliance
Clause 25 - Funding agreements-monitoring
Clause 25 requires a relevant authority for a non-government school or
other body to allow a person authorised in writing by the Minister to have
access to and take copies of or take extracts from documents, accounts,
records and other documents relevant to the authority and to have access to
the premises. The powers in clause 25 are not linked to criminal offences
or a civil penalty regime - failure to comply would result only in
reduction or repayment of conditional funding under agreements pursuant to
clause 27. Nevertheless the Australian Federal Police has been consulted in
relation to these powers.
Subclause 25(1) deals with monitoring of the relevant authority. The
subclause provides that a funding agreement must require the relevant
authority for the non-government school, or other non-government body, to
allow a person authorised in writing (who is defined as an authorised
person) by the Minister for the purpose to do either or both of the
following:
. to have full and free access to accounts, records and documents of the
relevant authority relating to information that the authority is
required under the agreement to give to the Minister;
. to take extracts from, or make copies of, any such accounts, records
and documents.
Subclause 25(2) deals with monitoring of schools. The subclause provides
that, without limiting subclause 25(1), a funding agreement for a non-
systemic school, or an approved school system, must allow an authorised
person to have full and free access to each campus of the school, or of
each school in the system, for the purposes mentioned in paragraphs
25(1)(a) and (b) and to undertake any reasonable inspection of the campus,
and of the students at the campus, including an inspection for the purposes
of counting the number of students at the campus.
Subclause 25(3) explains what is reasonable notice, access times and
assistance and provides that the funding agreement must allow for access
mentioned in this clause to be given only on condition that:
. in the case of a non-systemic school, the authorised person gives
reasonable notice to the relevant authority for the school;
. in the case of a systemic school, the authorised person gives
reasonable notice to the relevant authority for the approved school
system concerned and to a person responsible for the operation of the
school; and
. in any case the access is given at reasonable times
and must provide for the authorised person to be given such help as he or
she requires to exercise any power mentioned in clause 25.
Clause 26 - Funding agreements-evaluation
Clause 26 requires a relevant authority for a non-government school or
other body to participate in and ensure that each school or school in an
approved school system participates in the evaluation of outcomes of
programs for which financial assistance was provided.
Subclause 26(1) provides a funding agreement must require the relevant
authority for the non-government school, or other non-government body, to
ensure that the school or body participates in evaluating the outcomes of
programs of financial assistance provided under this Bill for the school or
body.
Subclause 26(2) provides that if subclause 26(1) applies to a relevant
authority for an approved school system, without limiting that subclause,
the funding agreement must require the authority to ensure that each school
in the system participates in evaluating the outcomes of programs of
financial assistance provided under this Bill for the school.
Clause 27 - Funding agreements-failure to comply
Clause 27 sets out the consequences if the relevant authority fails to
comply with any or all of the requirements set out in the agreement.
Subclause 27(1) deals with failure of the relevant authority to comply with
the funding agreement.
The subclause provides that a funding agreement must contain a provision to
the effect that any or all of the consequences set out in clause 27 may
apply if the relevant authority does not comply with a requirement of the
agreement within the period required by or under the agreement or within a
further period allowed by the Minister. The Minister may allow this
further period before or after the end of the period required by or under
the agreement.
Subclauses 27(2), 27(3) and 27(4) set out the consequences of failure to
comply with the funding agreement. The intention is for the consequences
to apply independently of each other.
Subclause 27(2) provides that if the Minister so determines, the relevant
authority must pay to the Commonwealth a specified amount (not more than
the sum of the amounts mentioned in subclause 16(1)).
Subclause 27(3) provides that the Minister may determine that any other
amount or amounts of financial assistance to the State under this Bill for
the school or body is to be reduced by an amount or amounts totalling not
more than the amounts required to be paid under the determination (if the
Minister makes a determination under subclause 27(2)) or, in any other
case, the sum of the amounts mentioned in subclause 16(1).
A note at the end of subclause 27(3) has been inserted to assist the reader
to clarify that a determination reducing the amount of a payment is made
under clause 34.
Subclause 27(4) provides that the Minister may delay the making of any
further payment (or part of a further payment) to the State under this Bill
for the school or body until the relevant authority complies with the
requirement set out in the agreement.
Clause 28 - Funding agreements-unauthorised amounts
Clause 28 requires amounts that were paid in excess of the authorised
amount under subclause 16(1) to be repaid or for any other amount to be
reduced by the unauthorised amount if the Minister determines.
Clause 28 provides that a funding agreement must contain a provision that,
if the sum of the amounts mentioned in subclause 16(1) exceeds the total
amount that was properly authorised to be paid to the State for the school
or body:
. the relevant authority must, if the Minister so determines, pay to the
Commonwealth an amount (the determined amount) equal to the excess;
and
. in the event that the authority does not pay the determined amount to
the Commonwealth, the Minister may make a further determination
reducing any other amount or amounts of financial assistance for the
State under this Bill for the non-government body by an amount or
amounts not more than the determined amount.
A note at the end of clause 28 has been inserted to assist the reader to
clarify that a further determination mentioned in paragraph 28(b) is made
under clause 44.
Subdivision E-Other provisions in funding agreements
Clause 29 - Funding agreements-other provisions
Clause 29 sets out the other provisions that must be included in a funding
agreement.
Clause 29 provides that a funding agreement (or a funding agreement as
varied) must include:
. the provisions mentioned in any of the following paragraphs of this
Act (if applicable):
(i) paragraph 135(b) (the inclusion of new schools in an approved
school system);
(ii) paragraph 140(e) (ending membership of schools from an
approved school system)
(iii) paragraph 158(d) (changes of approved authorities);
. any provisions prescribed by the regulations;
. any other provisions that the Minister considers appropriate in
relation to the relevant authority, school or body.
Division 4-Conditions applying to the States
Division 4 sets out the conditions that apply to the States. Clause 30
requires a State to pay to the relevant authority each amount paid to the
State as soon as practicable and clause 31 sets out the consequences if the
State fails to pay the financial assistance within time.
Clause 30- Conditions applying to the States-payment of financial
assistance to non-government schools and bodies
Subclause 30(1) provides that the grant to a State because of a provision
of this Bill of financial assistance for a non-government school, or
another non-government body, for a program year is subject to the condition
that the State is required to pay to the relevant authority of the school
or body each amount paid to the State for the school or body because of the
provision and to describe the amount paid to the relevant authority as a
payment made out of money paid to the State by the Commonwealth.
Subclause 30(2) provides that it is also a condition of the grant to the
State that the payment of each amount must be made as soon as practicable
after the amount is paid to the State or within such further time as the
Minister allows. The Minister may allow this before or after the end of
the time mentioned in paragraph 30(2)(a).
Clause 31 - Conditions applying to the States- requirement to repay amounts
to Commonwealth
Subclause 31(1) provides that a grant to a State mentioned in clause 30 is
subject to the condition that, in the event that the State does not comply
with the condition mentioned in subclause 30(1) the State is required, if
the Minister so determines, to repay to the Commonwealth the amount stated
in the determination.
Subclause 31(2) provides that the amount stated in a determination under
subclause 31(1) must not exceed the sum of the amounts of financial
assistance paid to the State under the provision for the school or body for
the program year concerned.
Division 5-Repayment of financial assistance
Clause 32 - Repayment of financial assistance-relevant considerations
Clause 32 prescribes that the Minister must take into account all relevant
matters before making a determination under clause 27 or 28 or subclause
31(1).
Subclause 32(1) applies if the Minister is considering whether to make a
determination under a provision of an agreement mentioned in clause 27 or
28 that the relevant authority of a school or body is to pay an amount to
the Commonwealth or under subclause 31(1) that a State is to repay an
amount to the Commonwealth.
Subclause 32(2) provides in considering whether to make a determination,
the Minister must take into account all relevant matters, including whether
the relevant authority or State gave all relevant information to the
Commonwealth before the grant of financial assistance was made.
Clause 33 - Repayment of financial assistance-recovery from States as debts
Provides that an amount payable by a State to the Commonwealth under this
Bill is a debt due by the State to the Commonwealth.
Clause 34 - Repayment of financial assistance-failure by relevant
authorities to repay amounts
Clause 34 deals with repayment of financial assistance if the Minister has
determined that the authority is to pay an amount to the Commonwealth and
the amount remains unpaid.
Subclause 34(1) explains when clause 34 applies. The subclause provides
that clause 34 applies if under a funding agreement (or an agreement under
section 30 of the former Act) between the Commonwealth and the relevant
authority of a non-government school or another non-government body, the
Minister or the relevant Minister (as appropriate) has determined that the
authority is to pay an amount to the Commonwealth and an amount (the amount
repayable) that is all or a part of the amount mentioned in
paragraph 34(1)(a) remains unpaid.
Subclause 34(2) provides that the Minister may make a determination
reducing an amount that is authorised to be paid to a State for the school
or body under any provision of this Bill in any program year by an amount
not more than the amount repayable.
Subclause 34(3) empowers the Minister to make a determination under a
provision of this Bill increasing the maximum amount that may be paid to a
State for the school or body for any purpose under that provision in any
program year by an amount or amounts totalling not more than the amount of
any reduction under subclause (2).
Subclause 34(4) clarifies that it does not matter whether the reduction was
made in relation to the same provision of this Bill as the provision of
this Bill mentioned in subclause 34(3), or a different provision.
Part 4-Grants for recurrent expenditure
Division 1-Simplified outline of Part
Clause 35 - Simplified outline
Clause 35 is an information provision which provides an overview of Part 4
of the Bill to assist with readability. The main provisions of Part 4 are:
. To allow the Minister to make determinations authorising the payment
of financial assistance to the States for non-government schools, for
recurrent expenditure that relate to current SES funding, maintained
funding, guaranteed year 2008 funding, maximum SES funding, distance
education funding, remoteness loading, Indigenous supplementary
assistance and Indigenous funding guarantee.
. To provide that funding for recurrent expenditure is worked out on a
school by school basis (whether the school is a systemic school or a
non-systemic school).
. To set limits on financial assistance for those types of recurrent
expenditure, using a series of per student amounts for different
categories of students, and different levels of education, at each
school.
From 2001, the socio-economic status (SES) of school communities has been
used as the basis of needs-based funding of non-government schools.
General recurrent grant funding for non-government schools is allocated
according to a formula that measures the SES of the school community. The
SES funding model involves linking student residential addresses to data
from the Australian Bureau of Statistics (ABS) national Census of
Population and Housing to obtain a socioeconomic profile of the school
community and measure its capacity to support the school.
The SES index that is used to calculate schools' SES scores is a
transparent and objective measure, based on independent data that are
consistent for all schools. The SES methodology measures the education,
occupation and income levels of all the residents within a Census
Collection District (CD). The CD is the smallest spatial unit in the
Australian Standard Geographical Classification. In urban areas CDs
average about 220 dwellings. In rural areas the number of dwellings per CD
reduces as population densities decrease.
Student residential addresses are mapped to the correct CDs by a process
called geocoding. Each school's community is defined in terms of the CDs
from which it draws its students and the school's SES score is calculated
on the basis of the average SES of these CDs. School SES scores for the
2005-2008 quadrennium are based on 2001 ABS Census data. SES scores for
the 2009-2012 quadrennium will be based on 2006 ABS Census data.
The SES index is a measure of social advantage as well as disadvantage and
both high and low SES families have an impact on the SES score of the CD in
which they reside. The SES methodology is not designed to produce an SES
score representative of any particular family in a school community, but
rather to calculate an average score based on all the CDs from which each
school draws its students. The data present an average socioeconomic
profile of the community supporting a school and each school's SES score is
used to determine its ranking, relative to all other non-government
schools. The lower the SES score, the greater the considered need of the
school.
Division 2-Average Government School Recurrent Costs
Clause 36 - Average Government School Recurrent Costs-meaning of AGSRC
Clause 36 explains what is meant by AGSRC (Average Government School
Recurrent Costs).
Subclause 36(1) explains that AGSRC means for primary education for a
program year-$8,044, or another amount specified for the program year by
regulations made for the purposes of subsection (2); and for secondary
education for a program year-$10,061, or another amount specified for the
program year by regulations made for the purposes of subsection (2).
Subclause 36(2) provides that the regulations may specify amounts for the
purposes of subclause 36(1).
Subclause 36(3) provides that before the Governor-General makes regulations
for the purposes of subclause 36(2), the Minister must consider changes in
the figures known as the Average Government School costs published by the
Ministerial Council on Education, Employment, Training and Youth Affairs or
a body specified by the regulations that has a corresponding function.
Clause 37 - Average Government School Recurrent Costs-rounding up per
student funding amounts
Provides for AGSRC to be rounded up.
Subclause 37(1) provides definitions for the formulas set out in subclauses
(2) and (3).
Subclause 37(2) provides for the rounding up of an amount of a component of
a funding amount, in relation to a level of education and a program year
worked out in subclause (3).
Subclause 37(3) provides a formula for the working out of the amount of a
component of a funding amount in relation to a level of education and a
program year.
Division 3-Current SES funding
Clause 38 - Current SES funding-scope
Provides that Division 3 applies to a non-government school in a State for
a particular program year and level of education provided at the school,
unless one of Divisions 4 (maintained funding), 5 (guaranteed year 2008
funding) or 6 (maximum SES funding) applies to the school for that program
year and for that level of education
Clauses 39 and 41 provide for SES funding for primary education and
secondary education. A school will be funded under the current SES funding
category if the school is not funded under the maintained funding,
guaranteed year 2008 funding or maximum SES funding category.
Clause 39 - Current SES funding-primary education funding determination
Empowers the Minister to authorise payments to a State for recurrent
expenditure for a non-systemic school or a school in an approved school
system.
Subclause 39(1) provides that the Minister may make a determination
authorising payment of an amount of financial assistance to the State for
recurrent expenditure:
. if the school is a non-systemic school-of the school for primary
education provided by the school in the program year, or
. if the school is a member of an approved school system-of the approved
school system for primary education provided by the school in the
program year.
Subclause 39(2) provides that the amount determined under subclause 39(1)
must not exceed the amount worked out for the school by adding up the
amount (if any) worked out under clause 40 for the school's primary
students and the amount (if any) worked out under clause 57 for the
school's primary distance education students.
Clause 40 - Current SES funding-primary education funding amounts
Provides a formula for calculating funding for a school's primary students
for the program year according to a schools current SES funding level.
Clause 41 - Current SES funding-secondary education funding determination
Empowers the Minister to authorise payments to a State for recurrent
expenditure for a non-systemic school, or a school in an approved school
system.
Subclause 41(1) provides that the Minister may make a determination
authorising payment of an amount of financial assistance to the State for
recurrent expenditure:
. if the school is a non-systemic school-of the school for secondary
education provided by the school in the program year, or
. if the school is member of an approved school system-of the approved
school system for secondary education provided by the school in the
program year.
Subclause 41(2) provides that the amount determined under subclause 41(1)
must not exceed the amount worked out for the school by adding up the
amount (if any) worked out under clause 42 for the school's secondary
students and the amount (if any) worked out under clause 58 for the
school's secondary distance education students.
Clause 42 - Current SES funding-secondary education funding amounts
Provides a formula for calculating funding for a school's secondary
students for the program year according to a schools current SES funding
level.
Division 4-Maintained funding
"Maintained funding" will replace both "Maintained year 2000 funding" and
"Maintained Catholic school funding" which were SES funding categories
under the Schools Assistance (Learning Together - Achievement Through
Choice and Opportunity) Act 2004 (2004 Act).
Maintained funding will apply to a school which satisfies the following
criteria for a program year between 2009 and 2012:
. On 31 December 2008, the school had for the purposes of the 2004 Act,
a funding level (a year 2008 funding level) that was either:
i) calculated in accordance with Part 6 Division 2 Subdivision D of
the 2004 Act (Maintained Year 2000 funding); or
ii) calculated in accordance with Part 6 Division 2 Subdivision E of
the 2004 Act (Maintained Catholic school funding); and
. In the relevant program year the school is not a special school, a
special assistance school, nor a maximum funded Indigenous school; and
. The total amount of recurrent funding that was paid for the school for
the 2008 program year under the 2004 Act was greater or equal to an
amount that would have been paid to the school if the school's funding
for the 2008 year had been calculated using the current SES funding
level primary amount and the current SES funding level secondary
amount applicable to schools which are funded under the current SES
funding provisions of the Bill in the 2009 program year; and
. The school's SES score has not been determined by the Minister under
the provisions that enable the Minister to change an SES score or
because of a false or misleading statement.
Year 2008 funding level
The year 2008 funding level for a school under the Bill will mean the
percentage of AGSRC in the relevant schedule to the Bill which is equal to
the percentage of AGSRC used to determine amounts payable to schools for
the 2008 program year under the 2004 Act.
If a school is a Maintained funding school according to the criteria set
out above, it will remain a Maintained funding school for the four program
years covered by the Bill except if the school applies for a review of its
SES score or if it becomes entitled to funding under the Maximum SES
funding division.
If under the Bill:
. a school would be entitled to Maintained funding except for the fact
that it is a school eligible to receive Maximum SES funding under the
Bill, and
. it is entitled to the Maximum SES funding due to its Indigenous
enrolments, and
. in a subsequent program year it ceases to be eligible for Maximum SES
funding due to a change in Indigenous enrolments,
then the school will be eligible for Maintained funding again.
Clause 43 - Maintained funding-scope
Subclause 43(1) sets the scope of Division 4 and how it applies to a non-
government school.
Subclause 43(2) provides formulas which explain the conditions based on
2008 funding.
Clause 44 - Maintained funding-determination
Empowers the Minister to authorise payments to a State for an amount of
financial assistance for a non-systemic school or a school in an approved
school system.
Subclause 44(1) provides that the Minister may make a determination
authorising payment of an amount of financial assistance to the State for
recurrent expenditure:
. if the school is a non-systemic school, of the school for the program
year; or
. if the school is a member of an approved school system, of the
approved school system for the school for the program year.
Subclause 44(2) provides that the amount determined under subclause 44(1)
must not exceed the amount worked out for the school by adding up the
amounts worked out under clause 45 for the school's primary students,
clause 46 for the school's secondary students, clause 57 for the school's
primary distance education students and clause 58 for the school's
secondary distance education students.
Clause 45 - Maintained funding-primary education funding amounts
Provides a formula for calculating funding for a school's primary students
for the program year where a school has a Maintained funding level.
Clause 46 - Maintained funding-secondary education funding amounts
Provides a formula for calculating funding for a school's secondary
students for the program year where a school has a Maintained funding
level.
Division 5-Guaranteed year 2008 funding
"Guaranteed year 2008 funding" is a new funding category which will replace
"Guaranteed year 2004 funding" a funding category under the 2004 Act. The
Guaranteed year 2008 funding provisions will operate in the same way that
Guaranteed year 2004 funding operated under the 2004 Act for schools in
program years covered by the 2004 Act.
The "Guaranteed year 2008 funding" will apply to a school for a program
year between 2009 to 2012 which satisfies the following criteria in
relation to funding for its primary students and secondary students
respectively:
. On 31 December 2008, a school had for the purposes of the 2004 Act, a
funding level (a year 2008 funding level) that was either:
i) Calculated in accordance with Part 6 Division 2 Subdivision C of
the 2004 Act; or
ii) Calculated in accordance with Part 6 Division 2 Subdivision F of
the 2004 Act; and
. The school is not a Maximum SES funded school; and
. The school's 2008 year funding level primary amount or the school's
2008 year funding level secondary amount exceeds the schools current
SES funding level primary amount or current SES funding level
secondary amount (respectively) for the program year; and
. The school's SES score has not been determined by the Minister under
the provisions that enable the Minister to change an SES score or
because of a false or misleading statement.
If a school moves off Guaranteed year 2008 funding to current SES funding
it cannot move back to Guaranteed year 2008 funding in a subsequent program
year except in one circumstance: If a school would be entitled to
Guaranteed year 2008 funding except for the fact that it is a school
eligible to receive Maximum SES funding, then, in a subsequent program year
it ceases to be eligible for Maximum SES funding due to a change in
Indigenous enrolments, the school can be eligible for Guaranteed year 2008
funding again subject to it satisfying the criteria above.
Clause 47 - Guaranteed year 2008 funding-scope
Subclause 47(1) sets the scope of Division 5 and how it applies to a non-
government school.
Subclause 47(2) provides a formula which explains the conditions based on
2008 funding.
Clause 48- Guaranteed year 2008 funding-primary education funding
determination
Empowers the Minister to authorise payments to a State for an amount of
financial assistance for recurrent expenditure for a non-systemic school or
a school in an approved school system.
Subclause 48(1) provides that the Minister may make a determination
authorising payment of an amount of financial assistance to the State for
recurrent expenditure:
. if the school is a non-systemic school-of the school for primary
education provided by the school in the program year, or
. if the school is a member of an approved school system-of the
approved school system for primary education provided by the school
in the program year.
Subclause 48(2) provides that the amount determined under subclause 48(1)
must not exceed the amount worked out for the school by adding up the
amount worked out under clause 49 for the school's primary students and the
amount worked out under clause 57 for the school's primary distance
education students.
Clause 49 - Guaranteed year 2008 funding-primary education funding amounts
Provides a formula for calculating funding for a school's primary students
for the program year where a school has a Guaranteed year 2008 funding
level.
Clause 50 - Guaranteed year 2008 funding-secondary education funding
determination
Empowers the Minister to authorise payments to a State for an amount of
financial assistance for recurrent expenditure for a non-systemic school or
a school in an approved school system.
Subclause 50(1) provides that the Minister may make a determination
authorising payment of an amount of financial assistance to the State for
recurrent expenditure:
. if the school is a non-systemic school-of the school for secondary
education provided by the school in the program year, or
. if the school is a member of an approved school system-of the
approved school system for secondary education provided by the school
in the program year.
Subclause 50(2) provides that the amount determined under subclause 50(1)
must not exceed the amount worked out for the school by adding up the
amount worked out under clause 51 for the school's secondary students and
the amount worked out under clause 58 for the school's secondary distance
education students.
Clause 51 - Guaranteed year 2008 funding-secondary education funding
amounts
Provides a formula for calculating funding for a school's secondary
students for the program year where a school has a Guaranteed year 2008
funding level.
Division 6-Maximum SES funding
Maximum SES funding is a new SES funding category which will replace the
funding category for special schools and special assistance schools in the
2004 Act and cover the newly created majority Indigenous student school.
This funding category will apply to:
. Non-government schools that were not very remote where 80% or more
of students enrolled at the school in the program year (being
combined enrolments for students receiving a level of primary
education at the school and students receiving a level of secondary
education at the school) as at the schools census day for the
calendar year before the program year were Indigenous students;
. Very remote non-government schools where 50% or more of students
enrolled at the school (being combined enrolments in the program
year for students receiving a level of primary education at the
school and students receiving a level of secondary education at the
school) as at the schools census day for the calendar year before
the program year are Indigenous students;
. Special schools;
. Special assistance schools.
Clause 52 - Maximum SES funding-scope
Clause 52 sets the scope of Division 6 and how it applies to a non-
government school.
Clause 53 - Maximum SES funding - meaning of majority Indigenous student
school
Subclause 53(1) provides a definition of majority Indigenous student school
for the purposes of Division 6.
Subclause 53(2) provides a definition of very remote school which means a
school whose only school campus is very remote or a school all of whose
school campuses are very remote. A note at the end of subclause 53(2)
assists the reader by clarifying that the definition of very remote school
campus in clause 4 applies a more up-to-date Remoteness Structure than the
one which was applied in the former Act.
Clause 54 - Maximum SES funding-determination
Empowers the Minister to authorise payments to a State for an amount of
financial assistance for recurrent expenditure for a non-systemic school or
a school in an approved school system.
Subclause 54(1) provides that the Minister may make a determination
authorising payment of an amount of financial assistance to the State for
recurrent expenditure:
. if the school is a non-systemic school-of the school for the program
year, or
. if the school is a member of an approved school system-of the
approved school system for the school for the program year.
Subclause 54(2) provides that the amount determined under subclause 54(1)
must not exceed the amount worked out for the school by adding up:
. the amount worked out under clause 55 for the school's primary
students; and
. the amount worked out under clause 56 for the school's secondary
students; and
. the amount worked out under clause 57 for the school's primary
distance education students; and
. the amount worked out under clause 58 for the school's secondary
distance education students.
Clause 55 - Maximum SES funding-primary education funding amounts
Provides a formula for calculating funding for a school's primary students
for the program year where a school has a Maximum SES funding level.
Clause 56 - Maximum SES funding-secondary education funding amounts
Provides a formula for calculating funding for a school's secondary
students for the program year where a school has a Maximum SES funding
level.
Division 7-Distance education funding
A non-government school will be eligible for distance education funding if
students receive primary or secondary distance education (as the case may
be) at the school (or a school campus) and:
. the students reside in the State,
. the State provides funding for the school for the level of education for
students enrolled at the school who receive distance education from the
school;
. the students are not home education students; and
. the school also receives funding for another category of general
recurrent funding under the Bill.
Clause 57 - Distance education funding-primary distance education funding
amounts
Subclause 57(1) provides that clause 57 applies in relation to a non-
government school for the purposes of current SES funding (paragraph
39(2)(b)), maintained funding (paragraph 44(2)(c)), guaranteed year 2008
funding (paragraph 48(2)(b)) and maximum SES funding (paragraph 54(2)(c)).
Subclause 57(2) sets out a formula to work out the amount for the school's
primary distance education students for the program year.
Clause 58 - Distance education funding-secondary distance education funding
amounts
Subclause 58(1) provides that clause 58 applies in relation to a non-
government school for the purposes of current SES funding (paragraph
39(2)(b)), maintained funding (paragraph 44(2)(c)), guaranteed year 2008
funding (paragraph 48(2)(b)) and maximum SES funding (paragraph 54(2)(c)).
Subclause 58(2) sets out a formula to work out the amount for the school's
secondary distance education students for the program year.
Subclause 58(3) provides for the circumstance in which the assistance
amount per student for a program year may be rounded up.
Division 8-Remoteness loading
Remoteness loading funding will apply for students attending a school
campus in a program year if the campus is a moderately accessible school
campus, a remote school campus, or a very remote school campus providing
the school is also eligible for another category of general recurrent
funding under the Bill.
The Bill contains provisions to calculate a remoteness per capita loading
which will operate in the same way as those in the 2004 Act. The only
change from the 2004 Act is that there is a more up-to-date version of the
Remoteness Structure referred to which feeds into the definitions of
moderately accessible school campus, remote school campus and very remote
school campus.
Clause 59 - Remoteness loading-scope [see also 2004 Act, section 77A]
Provides that Division 7 applies to a non-government school in a State for
a particular program year if the school campus of the school, or at least
one of the school campuses, is a moderately accessible school campus, a
remote school campus, or a very remote school campus, for that program
year.
A note at the end of clause 59 has been inserted to assist the reader by
clarifying that assistance under Division 8 is in addition to the financial
assistance that is available under other Divisions of Part 4 (other than
distance education funding).
Clause 60- Remoteness loading-primary education funding determination
Empowers the Minister to authorise payments to a State for an amount of
financial assistance for recurrent expenditure for a non-systemic school or
a school in an approved school system.
Subclause 60(1) provides that the Minister may make a determination under
subclause 60(1) authorising payment of an amount of financial assistance to
the State for recurrent expenditure:
. if the school is a non-systemic school-of the school for primary
education provided by the school in the program year, or
. if the school is a member of an approved school system-of the
approved school system for primary education provided by the school
in the program year.
Subclause 60(2) provides that the amount determined under subclause 60(1)
must not exceed the amount worked out for the school by adding up:
. the amount worked out under subclause 61(1) for the school's primary
students at moderately accessible school campuses; and
. the amount worked out under subclause 61(2) for the school's primary
students at remote school campuses; and
. the amount worked out under subclause 61(3) for the school's primary
students at very remote school campuses.
A school's remoteness is determined from the Australian Bureau of
Statistics' "Statistical Geography Volume 1 Australian Standard
Geographical Classification (ASGC) July 2006"
Clause 61 - Remoteness loading-primary education funding amounts
Subclauses 61(1), 61(2) and 61(3) provide formulas for:
. calculating funding for a school's primary students at any
moderately accessible campus of the school for the program year (see
paragraph 60(2)(a));
. calculating funding for a school's primary students at any remote
campus of the school for the program year (see paragraph 60(2)(b));
. calculating funding for a school's primary students at any very
remote campus of the school for the program year (see paragraph
60(2)(c)).
Subclause 61(4) provides that distance education students do not count for
the purposes of working out the number of students receiving primary
education at a school campus.
Subclause 61(5) provides for the circumstance in which the assistance
amount per student for a program year may be rounded up.
Clause 62 - Remoteness loading-secondary education funding determination
Empowers the Minister to authorise payments to a State for an amount of
financial assistance for recurrent expenditure for a non-systemic school or
a school in an approved school system.
Subclause 62(1) provides that the Minister may make a determination under
this subclause authorising payment of an amount of financial assistance to
the State for recurrent expenditure:
. if the school is a non-systemic school-of the school for secondary
education provided by the school in the program year, or
. if the school is a member of an approved school system-of the approved
school system for secondary education provided by the school in the
program year.
Subclause 62(2) provides that the amount determined under subclause 62(1)
must not exceed the amount worked out for the school by adding up:
. the amount worked out under subclause 63(1) for the school's
secondary students at moderately accessible school campuses; and
. the amount worked out under subclause63(2) for the school's
secondary students at remote school campuses; and
. the amount worked out under subclause 63(3) for the school's
secondary students at very remote school campuses.
Clause 63 - Remoteness loading-secondary education funding amounts
Subclauses 63(1), 63(2) and 63(3) provide formulas for:
. calculating funding for a school's secondary students at any
moderately accessible campus of the school for the program year (see
paragraph 62(2)(a));
. calculating funding for a school's secondary students at any remote
campus of the school for the program year (see paragraph 62(2)(b));
. calculating funding for a school's secondary students at any very
remote campus of the school for the program year (see paragraph
62(2)(c)).
Subclause 63(4) provides that distance education students do not count for
the purposes of working out the number of students receiving secondary
education at a school campus.
Subclause 63(5) provides for the circumstance in which the assistance
amount per student for a program year may be rounded up.
Division 9-Indigenous supplementary assistance
Clause 64 - Indigenous supplementary assistance -scope
Provides that Division 9 applies to a non-government school in a State for
a particular program year and level of education provided at the school, in
relation to any Indigenous students receiving that level of education at
the school in that year. A note to assist readers clarifies that assistance
is in addition to that available under other divisions of this Part.
This Division is a special measure for the purposes of the Racial
Discrimination Act 1975 with the purpose of providing a benefit to
Indigenous students.
Clause 65 - Indigenous supplementary assistance-definitions
An interpretation provision which provides for the definitions of number of
Indigenous primary students, and number of Indigenous secondary students.
Clause 66 - primary education funding determination
Empowers the Minister to authorise payments to States for an amount of
financial assistance for recurrent expenditure for a non-systemic school or
a school in an approved school system for primary education.
Subclause 66(1) provides that the Minister may make a determination under
subclause 66(1) authorising payment of an amount of financial assistance to
the State for recurrent expenditure if the school is a non-systemic school-
of the school for primary education provided by the school in the program
year or if the school is a member of an approved school system-of the
approved school system for primary education provided by the school in the
program year.
Subclause 66(2) provides that the amount determined under subclause 66(1)
must not exceed the amount worked out for the school by adding up:
. the amount worked out under subclause 67(1) for the school's
Indigenous primary students at school campuses other than
remote and very remote school campuses; and
. the amount worked out under subclause 67(2) for the
school's Indigenous primary students at remote and very remote
school campuses.
Clause 67 Indigenous supplementary assistance-primary education funding
amounts
Subclause 67(1) provides a formula for calculating the amount for the
school's Indigenous primary students at school campuses other than remote
and very remote school campuses and provides a definition of assistance
amount per student for the purposes of that formula.
Subclause 67(2) provides a formula for calculating the amount for the
school's Indigenous primary students at remote and very remote school
campuses and provides a definition of assistance amount per student for the
purposes of that formula.
Subclauses 67(3)and (4) provide that the regulations may specify an amount
as an assistance amount per student for the purposes of subsection (1) or
(2) for a program year, and that the regulations may increase that amount
from one program year to the next by reference to changes in a specified
index.
Clause 68 - Indigenous supplementary assistance-secondary education funding
determination
Empowers the Minister to authorise payments to States for an amount of
financial assistance for recurrent expenditure for a non-systemic school or
a school in an approved school system for secondary education.
Subclause 68(1) provides that the Minister may make a determination under
subclause 68(1) authorising payment of an amount of financial assistance to
the State for recurrent expenditure if the school is a non-systemic school-
of the school for secondary education provided by the school in the program
year or if the school is in an approved school system-of the approved
school system for secondary education provided by the school in the program
year.
Subclause 68(2) provides that the amount determined under subclause 68(1)
must not exceed the amount worked out for the school by adding up:
. the amount worked out under subclause 69(1) for the school's
Indigenous secondary students at school campuses other than
remote and very remote school campuses; and
. the amount worked out under subclause 69(2) for the
school's Indigenous secondary students at remote and very
remote school campuses.
Clause 69 - Indigenous supplementary assistance-secondary education funding
amounts
Subclause 69(1) provides a formula for calculating the amount for the
school's Indigenous secondary students at school campuses other than remote
and very remote school campuses and provides a definition of assistance
amount per student for the purposes of that formula.
Subclause 69(2) provides a formula for calculating the amount for the
school's Indigenous secondary students at remote and very remote school
campuses and provides a definition of assistance amount per student for the
purposes of that formula.
Division 10-Indigenous funding guarantee
Clause 70 - Guaranteed Indigenous student funding-funding determination
Empowers the Minister to authorise payments of financial assistance to
States for recurrent expenditure for a non-systemic school or a school in
an approved school system in relation to Indigenous students receiving
education in those schools for a program year. This Division is a special
measure for the purposes of the Racial Discrimination Act 1975 with the
purpose of providing a benefit to Indigenous students.
Subclause 70(1) provides that the Minister may make a determination under
subclause 98J(1) authorising payment of financial assistance to a State for
recurrent expenditure in relation to Indigenous students receiving
education at a non-systemic school, or at schools in an approved school
system, in the State, for a program year.
Subclause 70(2) provides that in making a determination under subclause (1)
the Minister may consider amounts of financial assistance already received
or to be received by the school or all schools in the system:
. Authorised for the calendar year 2008 under either or both Division 2
of Part 6 of the former Act and the Indigenous Education (Targeted
Assistance) Act 2000; and
. to be authorised for the program year under this Part (apart from
under this Division).
A note has been inserted at the end of subclause 70(2) to assist the reader
by clarifying that payments of financial assistance authorised under this
section are in addition to any payments of financial assistance authorised
under divisions in this Part including Division 9 (Indigenous supplementary
assistance), or any other provision of this Bill.
Clause 71- Indigenous funding guarantee-funding amounts
Provides that the sum of the amounts paid to the States under clause 70 for
a program year must not exceed:
. the amount specified in the table at clause 70 for the program year;
or
. if the regulations specify a different amount for a particular program
year-that amount.
Division 11-SES Scores
Subdivision A -Definition
Clause 72 - SES scores-definition
An interpretation provision which contains the definition of SES score for
the purposes of Division 11 and the circumstances in which the Minister may
make determinations in respect of matters connected with SES scores.
Subclause 72(3) provides that the Minister may approve guidelines for the
determination of SES scores and that those guidelines are a legislative
instrument.
Subdivision B -SES scores under former Act
Clause 73 - SES scores-transitional determinations
Clause 73 provides for the scope and nature of a transitional SES score
determination made under clause 72(2) in respect of a school for which a
determination of a particular SES score was made under section 8 of the
former Act as at 31 December 2008. The provision has the effect that where
such a determination was in effect the Minister is taken to have determined
that SES score by determination made under subclause 72(2) with effect from
1 January 2009. Clause 82 (notice of determination) does not apply to such
a determination.
Clause 74 - SES scores-transitional guidelines
Subclause 74(1) provides that clause 74 applies if guidelines under section
8 of the former Act for the making of SES score determinations were in
effect as at 31 December 2008.
Subclause 74(2) provides that the Minister is taken to have approved those
guidelines for the purposes of this Bill by determination made under
subclause 72(3) with effect from 1 January 2009.
Subdivision C -Change of SES score determination
Clause 75 - SES scores-determination of changes
Empowers the Minister to vary an SES score determination
Subclause 75(1) provides that the Minister may vary an SES score
determination. A note to assist readers clarifies that notification of the
variation must be provided to the approved authority of the school
concerned.
Subclause 75(2) provides that the Minister may only vary a determination
under subclause (1) if permitted to do so by another provision of the Bill.
A note directs readers to the provisions in the Bill which set out the
circumstances in which the Minister may vary an SES score determination for
a school.
Subdivision D -SES score changes on application by school
Clause 76 - SES scores-change proposals
Subclause 76(1) provides that the subdivision applies to a school where an
approved authority for the school:
. considers that the SES score determined for that school has not
been determined correctly, or does not reflect that
socioeconomic circumstances of the school's community (in the
way required by the guidelines approved by the Minister under
subclause 76(2), or is no longer accurate because of a
significant change in the school's circumstances; and
. applies to the Minister to vary the school's SES score
determination under clause 77.
Subclause 76(2) provides that the Minister may approve guidelines for the
purposes of subclause (1) and that those guidelines are a legislative
instrument.
Clause 77 - SES scores-change applications
Clause 77 sets out who can apply to the Minister for approval of an SES
score change proposal and what the applications must contain.
Clause 78 - SES scores-decisions on change proposals
Provides that the Minister must either approve or refuse to approve the
proposal. A note to assist the reader clarifies that the Minister's power
to approve the proposal is subject to general prerequisites for change
proposals set out in clause 79.
Clause 79 - SES scores-general prerequisites for change proposals
Provides for general prerequisites for change proposals that the Minister
must have regard to before approving an SES score change proposal.
Clause 80 - SES scores-variation of determinations
Subclause 80(1) provides that if the Minister approves the proposal, the
Minister must vary the school's SES score determination under clause 75 to
determine a new SES score for the school. A note to assist readers
clarifies that notification of the variation must be provided to the
approved authority of the school concerned.
Subclauses 80(2) and (3) provide for the program year of effect for a
determination to vary a school's SES score.
Subdivision E- Miscellaneous
Clause 81 - SES scores-clerical or formal changes
Empowers the Minister to vary an SES score determination under clause 75 to
correct clerical errors or to make alterations of a formal kind.
Clause 82 - SES scores-notice of determinations
Provides that if the Minister makes a determination under this Division,
the Minister must give written notice of the determination to the approved
authority of the school concerned.
Part 5-Grants for capital expenditure
Clause 83 - Capital expenditure-definitions
Clause 83 is an interpretation section which provides definitions of block
grant authority and capital expenditure.
Subclause 83(2) provides that for the purposes of the definition of block
grant authority in subsection (1), that the Minister may determine a body
corporate to be a block grant authority.
Clause 84 - Capital expenditure-funding determination
Clause 84 provides for grants for capital expenditure.
Subclause 84(1) provides that the Minister may make a determination
authorising payment of financial assistance to a State for
. capital expenditure for a program year in connection with a non-
government school in the State or groups of non-government schools in
the State; or
. capital expenditure for a program year in connection with block grant
authorities and non-government schools in the State.
Subclause 84(2) provides a formula to determine amounts under subsection
84(1) and provides a definition for base assistance amount.
Subclause 84(3) provides that for the purposes of subsection (1), the
regulations may specify an amount to be the base assistance amount.
Subclause 84(4) provides that if an amount worked out under subsection
84(2) is not a multiple of $1,000, the amount is to be rounded to the
nearest $1,000 (rounding $500 upwards).
Clause 85 - Capital expenditure-capital expenditure supplementation number
Subclause 85(1) provides a definition of capital expenditure
supplementation number
Subclauses 85(2) and (3) provide that for the purposes of subsection (1),
the regulations may specify an amount to be the capital expenditure
supplementation number and that number may be greater or less than 1.
Subclause 85(4) prescribes that before the Governor General makes
regulations for the purposes of subsection (2), the Minister must consider
changes in an index of building prices and an index of wage costs published
by the Australian Statistician.
Subclause 85(5) provides that regulations made for the purposes of clause
85 may make provision in relation to a matter by applying, adopting or
incorporating any matter contained in an instrument or other writing as in
force or existing from time to time. This is required to show a 'contrary
intention' for the purposes of subsection 14(2) of the Legislative
Instruments Act 2003 which provides that unless the contrary intention
appears, the legislative instrument may not make provision in relation to a
matter by applying, adopting or incorporating with or without modification,
any matter contained in any other instrument or other writing as in force
or existing from time to time.
Part 6-Grants for targeted expenditure
Division 1 - Simplified outline of Part
Clause 86 - Simplified outline
Clause 86 is an information provision which provides an overview of Part 6
to assist with readability.
Division 2 - Short term emergency assistance
Clause 87 - Short term emergency assistance-funding determination
Empowers the Minister to make grants of short term emergency assistance.
Subclause 87(1) provides that the Minister may determine a grant of short
term emergency assistance to a State for a non-government school for one or
more program years if the Minister is satisfied that because of an
unexpected circumstance a school is in severe financial difficulty and has
a special need of that assistance in the program year or years.
Subclause 87(2) provides a formula to determine the maximum amounts that
can be paid to the States under subclause (1) and provides a definition for
base assistance amount.
Subclause 87(3) provides that for the purposes of subclause (2) that the
base assistance amount for a program year may be specified by the
regulations.
Subclause 87(4) provides that the amount specified in the regulations under
subclause (3) may be nil.
Subclause 87(5) provides that the amount worked out under subsection (2)
for a program year is not a multiple of $1,000, the amount is to be rounded
to the nearest $1,000 (rounding $500 upwards).
Division 3 - Education in country areas
Clause 88 - Education in country areas-funding determination
Empowers the Minister to make grants for education in country areas.
Subclause 88(1) provides that the Minister may make a determination
authorising payments of financial assistance to States for expenditure
approved by the Minister for a program year connected with the education,
in non-government schools in country areas of the State, of students who
are educationally disadvantaged because of their geographical location.
Subclause 88(2) provides a formula to determine the maximum amounts that
can be paid to the States under subclause (1) and provides a definition for
base assistance amount.
Subclause 88(3) provides that for the purposes of subclause (2) that the
base assistance amount for a program year may be specified by the
regulations.
Subclause 88(4) provides that if the amount worked out under subsection (2)
for a program year is not a multiple of $1,000, the amount is to be rounded
to the nearest $1,000 (rounding $500 upwards).
Division 4 - Languages education
Clause 89 - Languages education-improving learning outcomes
Clause 89 provides that the Minister may make a determination authorising
payments of financial assistance to States for expenditure for a program
year connected with non-government schools to improve the learning outcomes
of students who are learning languages other than English. A note to assist
readers clarifies that clause 91 provides for a maximum grant amount that
can be paid to States for the purposes of this Division.
Clause 90 - Languages education-national projects
Empowers the Minister to approve projects, and to authorise payments, in
respect of projects which foster the learning of languages other than
English.
Subclause 90(1) provides that the Minister may approve a project if the
sole or principal object is to foster the learning of languages other than
English and if the project is conducted by non-government school or other
non-government body.
Subclause 90(2) provides that the Minister may make a determination
authorising payments to States for a program year for financial assistance
for either or both the expenditure on a project approved under subsection
(1) or expenditure on disseminating information about the project or other
related activities. A note to assist readers clarifies that clause 91
provides for a maximum grant amount that can be paid to States for the
purposes of this Division.
Subclause 90(3) clarifies that for the purposes of clause 90 it does not
matter whether the project is conducted within, or outside, or within and
outside, the State.
Clause 91 - Languages education-grant amounts
Prescribes that the amounts authorised under this Division must not exceed
a maximum amount.
Subclause 91(1) provides a formula to determine the maximum amounts that
can be paid to the States under clause 91 and provides a definition for
base assistance amount.
Subclause 91(2) provides that for the purposes of subclause (1) that the
base assistance amount for a program year may be specified by the
regulations.
Subclause 91(3) provides that if the amount worked out under subsection (1)
for a program year is not a multiple of $1,000, the amount is to be rounded
to the nearest $1,000 (rounding $500 upwards).
Division 5 - Teaching English to new arrivals
Clause 92- Teaching English to new arrivals-definitions
An interpretation provision which contains definitions of the terms and
expressions used in the Division and the circumstances in which the
Minister may make determinations in respect of matters connected with those
definitions.
Subclause 92(1) provides for the meaning of eligible humanitarian new
arrival, and eligible new arrival and intensive ESL course.
Subclauses 92(2) to (5) provide that the Minister may make determinations
in respect of matters connected with the definitions under subsection (1).
Subclause 92(6) provides that the determinations made under clause 92 are
legislative instruments.
Subclause 92(7) is a deeming provision which sets out in a table that
certain determinations, made by the relevant Minister for the purposes of
definitions of certain terms under section 4 the former Act and in force on
31 December 2008 are taken to be determinations made under relevant
subclauses of this clause 92.
Clause 93 - Teaching English to new arrivals-funding determination
Empowers the Minister to make grants for education in English as a second
language to new arrivals.
Subclause 93(1) provides that the Minister may make a determination
authorising payments of financial assistance to a State for recurrent
expenditure for a program year connected with providing education in
English as a second language (ESL) for eligible new arrivals enrolled in
ESL courses.
Subclause 93(2) provides that the amount determined under subclause 93(1)
must not exceed the amount worked out for the school by adding up:
. the amount (if any) worked out under clause 94 for the State
for the program year (maximum amount for ESL new arrivals); and
. the amount (if any) worked out under clause 95 for the State
for the program year (maximum amount for ESL humanitarian new
arrivals).
Clause 94 - Teaching English to new arrivals-eligible new arrivals amounts
Provides a formula for working out the maximum amount for the State for the
program year for ESL new arrivals.
Clause 95 - Teaching English to new arrivals-eligible humanitarian new
arrivals amounts
Provides a formula for working out the maximum amount for the State for the
program year for ESL humanitarian new arrivals.
Division 6 - Literacy, numeracy and special learning needs
Clause 96- Literacy, numeracy and special learning needs-students with
disabilities
Empowers the Minister to make grants to improve the learning outcomes of
students with disabilities.
Subclause 96(1) provides that the Minister may make a determination
authorising payment of financial assistance to a State for expenditure for
a program year connected with non-government schools (including schools
providing special education) in the State to improve the learning outcomes
of students with disabilities.
Subclause 96(2) provides a formula to determine the maximum amounts that
can be paid to the States under subclause 96(1) and provides definitions of
number of students with disabilities and assistance amount per student.
Subclause 96(3) provides a formula to determine the assistance amount per
student for the purposes of subclause (2).
Subclause 96(4) provides for the circumstance in which the assistance
amount per student for a program year may be rounded up. A note at the end
of subclause (4) assists the reader by clarifying that financial assistance
under this clause is in addition to the assistance that is available under
clause 97 (students who are educationally disadvantaged).
Clause 97 - Literacy, numeracy and special learning needs-students who are
educationally disadvantaged
Empowers the Minister to make grants to improve the learning outcomes of
students who are educationally disadvantaged.
Subclause 97(1) provides that the Minister may make a determination
authorising payment of financial assistance to a State for expenditure for
a program year connected with non-government schools (including schools
providing special education) in the State to improve the learning outcomes
of students who are educationally disadvantaged.
Subclause 97(2) prescribes that the sum of the amounts authorised to be
paid to the States under subclause (1) for a program year must not exceed
the amount worked out by adding up:
. the amount (if any) worked out under clause 98for the program year
(maximum amount for grants for schools); and
. the amount (if any) specified under clause 99 for the program year
(maximum guarantee amount).
Subclause 97(3) provides a definition of students who are educationally
disadvantaged. A note at the end of subclause (3) assists the reader by
clarifying that financial assistance under this clause is in addition to
the assistance that is available under Divisions 3 and 5 and clause 96
(students with disabilities).
Clause 98 - Literacy, numeracy and special learning needs-school grant
amounts
Provides a formula to determine the maximum amount for grants for schools
for the purposes of the maximum amount for grants for schools under
subclause 97(2), provides a definition for base assistance amount, and
provides for the circumstance in which the assistance amount per student
for a program year may be rounded up.
Clause 99 - Literacy, numeracy and special learning needs-guarantee amounts
Provides that for the purposes of the maximum guarantee amount for schools
under subclause 97(2) the amount is $1,942,000 or if the regulations
specify an amount, that amount.
Division 7 -Establishment assistance
Clause 100 - Establishment assistance-funding determination
Empowers the Minister to make grants to States to provide establishment
assistance for non-systemic schools and members of approved school systems,
for the 2009 program year.
Subclause 100(1) is a scoping provision which provides that the clause
applies if, in 2008, the relevant Minister varied the former list of non-
government schools in relation to a school in a State because the school
was covered by paragraph (c) of the definition of new school proposal in
the former Act.
Subclauses 100(2) and (3) provide that the minister may make a
determination authorising financial assistance non-systemic schools and
members of approved school systems, for the 2009 program year.
Subclause 100(4) provides a formula for calculating the maximum grant
amount for establishment assistance for the purposes of clause 100.
Division 8 -Targeted expenditure supplementation number
Clause 101 - Targeted expenditure supplementation number
Provides for a targeted expenditure supplementation number.
Subclause 101(1) provides a definition of targeted expenditure
supplementation number.
Subclause 101(2) provides that the regulations may specify a number to be
the targeted expenditure supplementation number for a program year.
Subclause 101(3) provides that a number specified in the regulations under
subclause (2) may be greater than or less than 1.
Subclause 101(4) prescribes that before the Governor-General makes
regulations for the purposes of subclause (2) , the Minister must consider
changes in the relevant figures known as Average Government School Costs
published by:
. the Ministerial Council on Education, Employment, Training and Youth
Affairs; or
. a body, prescribed by the regulations, that has a corresponding
function.
Part 7-Approved schools
Division 1 - Simplified outline of Part
Clause 102 - Simplified outline
Clause 102 is an information provision which provides an overview of Part 7
to assist with readability.
Division 2 - Approved schools
Clause 103 is an interpretation section which provides a definition of
approved school.
Division 3 - Listed schools
Clause 104 - Listed schools
Provides for the scope and nature of a transitional approved school
determination made under clause 110 in respect to schools that were
included on the list of non-government schools under the former Act on 31
December 2008. The provision has the effect that where a school was listed
in the 2004 Act list of non-government schools for a level of education and
a location for that level of education, that the Minister is taken to have
approved the school for that level of education at that location by
determination pursuant to clause 110 with effect from 1 January 2009.
Subclauses 110(3) (approved school system or approved authority) 110(4)
(SES score) and clause 123 (notice of determination) do not apply to such a
determination.
Division 4 - Listed schools
Subdivision A-Scope of Division
Clause 105 - Approved school determinations-new school proposals
Prescribes that the Division applies to a proposal that one of the
following schools be approved for a level (or levels) for a location (or
locations) for the purposes of the Bill:
. a non-government school formed as a result of the amalgamation
of 2 or more schools (at least one of which was an approved
school);
. a non-government school formed as a result of the separation of
an approved school into 2 or more schools;
. a new non-government school;
. an existing non-government school that is not already an
approved school.
Subdivision B-Applications
Clause 106 - Approved school determinations-new school applications
Sets out who can apply to the Minister for approval of a new school
proposal and what the applications must contain.
Clause 107 - Approved school determinations-decisions on new school
proposals
Provides that the Minister must either approve or refuse to approve the
proposal. A note to assist the reader clarifies that the Minister's power
to approve the proposal is subject to general and particular prerequisites
for new school proposals set out in clauses 108 and 109.
The Minister's power to approve new school proposals will also be guided by
administrative guidelines.
This provision has been drafted to mirror existing provisions in the 2004
Act and as such does not provide for merits review, however review under
the Administrative Decisions (Judicial Review) Act 1977 is available.
Clauses 108 - Approved school determinations-general prerequisites for new
school proposals
Provides for general prerequisites for new school proposals that the
Minister must have regard to before approving a new school proposal.
Clause 109 - Approved school determinations-prerequisites for new school
proposals applying in previous program years
Provides that the Minister may only make an approved school determination
retrospectively if the Minister is satisfied that there are exceptional
circumstances that justify such a determination.
Subdivision C-Making approved school determinations
Clause 110 - Approved school determinations-power to determine
Empowers the Minister to make a determination approving a school for the
purposes of the Bill if the Minister approves the proposal. Subclauses (1)
to (4) prescribe the manner in which that determination must be made and
other requirements of the determination. Subclause (5) sets out the
circumstances in which the Minister may vary the determination.
Clause 111 - Approved school determinations-contents
Prescribes the contents of the determination made under clause 110.
Division 5 - Changes to approved school determinations
Subdivision A-General provisions
Clause 112 - Changes to approved school determinations-power to determine
Empowers the Minister to vary, by determination, an approved school
determination if permitted to do so by another provision of the Bill. A
note to assist readers clarifies that notification of the variation must be
provided to the approved authority of the school concerned.
Subdivision B-End of State Recognition or approval
Clause 113 - Changes to approved school determinations-end of State
recognition
Provides that if an approved school in a State stops being recognised by
the State for a particular level of education, the Minister may vary the
school's approved school determination under clause 112 to remove the
reference to that level of education.
This provision has been drafted to mirror existing provisions in the 2004
Act and as such does not provide for merits review, however review under
the Administrative Decisions (Judicial Review) Act 1977 is available.
Subdivision C-Location changes
Clause 114 - Changes to approved school determinations-location change
proposals
Sets out the circumstances in which an approved school may apply for a
location change approval from the Minister.
Clause 115 - Changes to approved school determinations-location change
applications
Sets out who can apply to the Minister for approval of a new school
proposal, and what the applications must contain.
Clause 116 - Changes to approved school determinations-decisions on
location change proposals
Provides that the Minister must either approve or refuse to approve the
proposal. A note to assist the reader clarifies that the Minister's power
to approve the proposal is subject to general and particular prerequisites
for location change proposals set out in clauses 117 and 118.
The Minister's power to approve location change proposals will also be
guided by administrative guidelines.
This provision has been drafted to mirror existing provisions in the 2004
Act and as such does not provide for merits review, however review under
the Administrative Decisions (Judicial Review) Act 1977 is available.
Clauses 117 - Changes to approved school determinations-general
prerequisites for location change proposals
Provides for general prerequisites for location change proposals that the
Minister must have regard to before approving a new school proposal.
Clause 118 - Changes to approved school determinations-prerequisites for
location changes applying in previous program years
Provides that the Minister must not, in order to take account of the
proposal, vary the approved school determination for the school with effect
from a day in the program year preceding the program year in which the
application is made unless the Minister is satisfied that there are
exceptional circumstances that justify the variation taking effect in that
preceding program year.
Clause 119 - Changes to approved school determinations-location changes
Empowers the Minister to vary the approved school determination for the
school, if the Minister approves the proposal. Subclauses (1) and (2)
prescribe the manner in which that determination must be made.
Subdivision D-Miscellaneous
Clause 120 - Changes to approved school determinations-clerical or formal
changes
Provides that the Minister may vary an approved school determination for a
school under clause 112 to correct clerical errors or to make alterations
of a formal kind, including to remove from the determination:
. a location at which the school has stopped providing education;
or
. a level of education that the school has stopped providing.
Division 6-Revoking approved school determinations
Clause 121 - Revoking approved school determinations-power to determine
Empowers the Minister to revoke, by determination, an approved school
determination in certain circumstances.
Subclauses 121 (1) to (4) provide for the manner and the circumstances in
which an approval may be revoked, and the consequences and possible
consequences of revocation.
Clause 122 - Revoking approved school determinations-schools ineligible for
funding
Provides that the Minister may or must revoke an approved school
determination for a school and the circumstances in which that can occur.
The Minister's power to revoke an approved school determination will also
be guided by administrative guidelines.
This provision has been drafted to mirror existing provisions in the 2004
Act and as such does not provide for merits review, however review under
the Administrative Decisions (Judicial Review) Act 1977 is available.
Division 7-Miscellaneous
Clause 123 - Minister to give notice of determinations to approved
authorities
Prescribes that if the Minister makes an approved school determination or a
determination varying or revoking an approved school determination then the
Minister must give written notice of the determination to the approved
authority of the school concerned.
Clause 124 - Determinations may be given retrospective effect
Provides that an approved school determination or a determination varying
or revoking an approved school determination may take effect from a day
before the day on which the determination is made, but not before 1 January
2009.
Clause 125 - Publication of list of funded schools
Prescribes that as soon as practicable after 1 July in each program year,
the Minister must arrange for a notice to be published setting out:
. the name of each school for which financial assistance is paid under
this Bill for the program year; and
. for each school, the funding level used to work out the amount of
financial assistance the school receives in the program year.
Part 8-Approved school systems
Division 1 - Simplified outline of Part
Clause 126 - Simplified outline
Clause 126 is an information provision which provides an overview of Part 8
to assist with readability.
Division 2 - Approved school systems
Clause 127 - Approved school systems-definitions
An interpretation provision which provides definitions of approved school
system and member.
Division 3 - Listed school systems
Clause 128 - Listed school systems
Provides for the scope and nature of a transitional approved school system
determination, made under clause 129 with respect to approved school
systems and approved schools that were included on the list as members of
those systems under the former Act on 31 December 2008. The provision has
the effect that where a school system was approved, that the Minister is
taken to have approved each school on the list as a member of that system
by determination pursuant to clause 129 with effect from 1 January 2009.
Subclause 129(2) (approved authority) and clause 145 (notice of
determination) do not apply to such a determination.
Division 4 - Approved school system determinations
Clause 129 - Approved school system determinations-power to determine
Empowers the Minister to make a determination approving a body as an
approved school system and a school as a member of the system for the
purposes of the Bill.
The Minister's power to approve a body as an approved school system and a
school as a member of the system will also be guided by administrative
guidelines.
This provision has been drafted to mirror existing provisions in the 2004
Act and as such does not provide for merits review, however review under
the Administrative Decisions (Judicial Review) Act 1977 is available.
Subclause 129(2) provides that if the Minister makes an approved school
system determination for an approved school system, the Minister must
approve a body as the approved authority of the system under clause 151.
Clause 130 - Approved school system determinations-contents
Prescribes the contents of the determination for an approved school system.
Division 5 - Changes to approved school system determinations
Subdivision A-General provisions
Clause 131 - Changes to approved school system determinations-power to
determine
Empowers the Minister to vary by determination, an approved school system
determination in certain circumstances.
Subclauses 131(1) to (3) set out the manner and the circumstances in which
a variation may be made. Subclause (3) clarifies that a school stops being
a member of an approved school system if the Minister removes the school
from the system's approved school system determination under subclause (1).
Subdivision B-New members of systems
Clause 132 - Changes to approved school system determinations-new member
proposals
An application provision which provides that the Subdivision applies in
relation to a proposal to approve a non-systemic school as a member of an
approved school system, but does not apply to in relation to a proposal
that is consequential on a proposal:
. to which Division 4 of Part 7 applies (new schools); or
. to which Division 4 of this Part applies (new school systems).
Clause 133 - Changes to approved school system determinations-new member
applications
Sets out who can apply to the Minister for approval of a proposal to
approve a non-systemic school as a member of an approved school system, and
what the application must contain, including whether the school system
approved authority agrees to fulfil any outstanding obligations of the
approved authority of the school.
Clause 134 - Changes to approved school system determinations-decisions on
new member proposals
Provides that the Minister must either approve or refuse to approve the
proposal. A note to assist the reader clarifies that the Minister's power
to approve the proposal is subject to prerequisites for new member
proposals set out in clause 135.
The Minister's decision making power in relation to new member proposals
will also be guided by administrative guidelines.
This provision has been drafted to mirror existing provisions in the 2004
Act and as such does not provide for merits review, however review under
the Administrative Decisions (Judicial Review) Act 1977 is available.
Clause 135 - Changes to approved school system determinations-prerequisites
for new member proposals
Provides that the Minister must not approve the proposal unless the
prerequisites for new member proposals are met.
Clause 136 - Changes to approved school system determinations-new member
changes
Provides that the Minister must vary the approved school system's approved
school system determination under clause 131 to approve the school as a
member of the system, if the Minister approves the proposal. Subclauses (1)
and (2) prescribe the manner in which that determination must be made.
Subclause (3) provides that if the Minister approves the proposal, the
Minister may revoke the approved authority determination for the school
under clause 154.
Subdivision C-Ending membership
Clause 137 - Changes to approved school system determinations-proposals to
end membership
An application provision which provides that the Subdivision applies in
relation to a proposal for a school to stop being a member of an approved
school system but does not apply in relation to a proposal that is
consequential on a proposal to which Division 6 of Part 7 applies (Revoking
approved school determinations).
Clause 138 - Changes to approved school system determinations-applications
to end membership
Sets out who can apply to the Minister for approval of a proposal to end
membership of an approved school system, and what the application must
contain.
Clause 139 - Changes to approved school system determination-decisions on
proposals to end membership
Provides that the Minister must either approve or refuse to approve the
proposal. A note to assist the reader clarifies that the Minister's power
to approve the proposal is subject to prerequisites for proposals to end
membership set out in clause 140.
The Minister's decision making power in relation to proposals to end
membership will also be guided by administrative guidelines.
This provision has been drafted to mirror existing provisions in the 2004
Act and as such does not provide for merits review, however review under
the Administrative Decisions (Judicial Review) Act 1977 is available.
Clause 140 - Changes to approved school system determination-prerequisites
for proposals to end membership
Provides that the Minister must not approve the proposal unless the
prerequisites for proposals to end membership are met.
Clause 141 - Changes to approved school system determinations-ending
membership
Provides that the Minister must remove the school from the approved school
system's approved school system determination under clause 131 if the
Minister approves the proposal. Subclauses (1) and (2) prescribe the manner
in which that determination must be made. Subclause (3) provides that if
the Minister approves the proposal, the Minister must approve the
responsible body as the approved authority of the school under clause 151.
Subdivision D-Miscellaneous
Clause 142 - Changes to approved school system determinations-clerical or
formal changes
Provides that Minister may vary an approved school system determination
under clause 131 to correct clerical errors or to make alterations of a
formal kind.
Division 6 - Revoking approved school system determinations
Clause 143 - Revoking approved school system determinations-power to
determine
Empowers the Minister to revoke, by determination, an approved school
determination.
Subclauses 143(1) to (3) set out the manner and consequences of revocation.
Subclause 143(4) provides that if the Minister revokes an approved school
system determination for an approved school system, the Minister may revoke
the approved authority determination for the system under clause 154.
Clause 144 - Revoking approved school system determinations-systems stopped
existing
Empowers the Minister to revoke an approved school system determination for
an approved school system under clause 143 if the system has stopped
existing. A note to assist readers clarifies that the Minister must give
notice of the revocation to the approved authority of the approved school
system.
This provision has been drafted to mirror existing provisions in the 2004
Act and as such does not provide for merits review, however review under
the Administrative Decisions (Judicial Review) Act 1977 is available.
Division 7 - Miscellaneous
Clause 145 - Minister to give notice of determinations to approved
authorities
Prescribes that if the Minister makes an approved school system
determination or a determination varying or revoking an approved school
system determination the Minister must give written notice of the
determination to the approved authority of the approved school system
concerned.
Clause 146 - Determinations may be given retrospective effect
Provides that an approved school system determination or a determination
varying or revoking an approved school system determination may take effect
from a day before the day on which the determination is made, but not
before 1 January 2009.
Clause 147 - Publication of list of approved school systems
Prescribes that as soon as practicable after 1 July in each program year,
the Minister must arrange for the following to be published setting out:
. the name of each approved school system; and
. for each approved school system, the name of each approved member of
the system.
Part 9-Approved authorities and nominated authorities
Division 1 - Simplified outline of Part
Clause 148 - Simplified outline
Clause 148 is an information provision which provides an overview of Part 9
to assist with readability.
Division 2 - Approved authorities
Clause 149 - Approved authorities-definition
An interpretation provision which provides the definition of approved
authority.
Division 3 - Approved authorities under former Act
Clause 150 - Approved authorities under former Act
Provides for the scope and nature of a transitional approved school
determination made under clause 151 with respect to an existing authority
under the former Act as at 31 December 2008. The provision has the effect
that where a body was approved as the approved authority of a non-
government body (other than a systemic school), that the Minister is taken
to have approved the existing authority with effect from 1 January 2009.
Subclause 160 (notice of determination) des not apply to such a
determination.
Division 4 - Approved authority determinations
Clause 151 - Approved authority determinations-power to determine
Empowers the Minister to approve, by determination, a body as the approved
authority of an approved school system, a non-systemic school or another
non-government body (other than a systemic school).
Division 5 - Changes to approved authority determinations
Clause 152 - Changes to approved authority determinations-power to
determine
Empowers the Minister to vary by determination, an approved school system
determination in certain circumstances.
Clause 153 - Changes to approved authority determinations-clerical and
formal changes
Provides that the Minister may vary an approved authority determination
under clause 152 to correct clerical errors or to make alterations of a
formal kind.
Division 6-Revoking approved authority determinations
Subdivision A-General provisions
Clause 154 - Revoking approved authority determinations-power to determine
Empowers the Minister to revoke, by determination, an approved authority
determination in certain circumstances.
Subclauses 154 (1) to (3) provide for the manner and the circumstances in
which an approval may be revoked, and the consequences of revocation.
Subdivision B-Change of Authorities
Clause 155 - Revoking approved authority determinations-change of
authorities-scope
An application provision which provides that the Subdivision applies in
relation to a proposal that the Minister replace the approved authority
(the existing authority) of a non-government body (other than a systemic
school) with another body (the proposed authority) but does not apply in
relation to a proposal that is consequential on a proposal to which
Division 4 of Part 7 (new schools), or Division 4 of Part 8 (new school
systems), or Subdivision B or C of division 5 of Part 8 apply .
Clause 156 - Revoking approved authority determinations-change of authority
proposals
Sets out who can apply to the Minister for approval of a proposal that the
Minister replace the existing authority with the proposed authority, and
what the application must contain.
Clause 157 - Revoking approved authority determinations-decisions on change
of authority proposals
Provides that the Minister must either approve or refuse to approve the
proposal. A note to assist the reader clarifies that the Minister's power
to approve the proposal is subject to prerequisites for change of authority
proposals set out in clause 158.
The Minister's decision making power in relation to change of authority
proposals will also be guided by administrative guidelines.
This provision has been drafted to mirror existing provisions in the 2004
Act and as such does not provide for merits review, however review under
the Administrative Decisions (Judicial Review) Act 1977 is available.
Clause 158 - Revoking approved authority determinations-prerequisites for
change of authority proposals
Prescribes that the Minister must not approve the proposal unless the
prerequisites for change of authority proposals are met.
Clause 159 - Revoking approved authority determinations-change of authority
Subclause 159(1) Provides that if the Minister approves the proposal then
the Minister must revoke the approved authority determination for the
school or system under clause 154 and approve the proposed authority as the
approved authority for the school or system under clause 151. A note to
assist readers provides that the Minister must notify the authority
concerned under 160.
Subclause 159(2) provides for the program year of effect of the change of
authority determination.
Division 7-Miscellaneous
Clause 160 - Minister to give notice of determinations to approved
authorities
Prescribes that if the Minister makes an approved authority determination
or a determination varying or revoking an approved authority determination
the Minister must give written notice of the determination to the approved
authority concerned.
Clause 161- Determinations may be given retrospective effect
Provides that for an approved authority determination or a determination
varying or revoking an approved authority determination, the determination
may take effect from a day before the day on which the determination is
made, but not before 1 January 2009.
Part 10-Miscellaneous
Division 1-Timing and amounts of financial assistance
Clause 162 - Minister may fix amounts and times of payment of financial
assistance
Provides that financial assistance authorised to be paid to a State or
States under this Bill is to be paid in such amounts, and at such times, as
the Minister determines. A note to assist readers clarifies that the
general rule under subsection 33(3A) of the Acts Interpretations Act 1901
operates in relation to determinations made under this Bill, that is, that
a determination may apply in relation to a particular class or classes of
financial assistance.
Clause 163 - Advances
Provides that the Minister may make an advance to a State on account of an
amount that is expected to become payable under this Bill to the State.
Subclause 163(2) clarifies that any conditions that might apply to the
payment, apply to the advance.
Clause 164 - Determination authorising the making of payments may authorise
Minister to determine amounts of payments
Provides that where a provision of this Bill empowers the Minister to make
a determination authorising the making of payments to a State, that the
determination may either set out the amounts authorised to be paid or
authorise the Minister or another person named in the Determination, to
decide those amounts.
Division 2-False or misleading statements
Clause 165 - False or misleading statements-reduction of payments
Clause 165 provides that where a false or misleading statement in relation
to a grant of financial assistance has been made by a non-government body
to a relevant person administering an Education Assistance Act (which
includes block grant authorities), for the purposes of either the Act or an
agreement under the Act, and a payment was made in reliance on that
statement, the Minister may make a determination reducing any amount
payable to a State for a non-government body in one or more program years.
Subclause 165(2) provides that the amount payable may be reduced by the
amount which exceeded the amount that would have been payable if the false
or misleading statement had not been made.
Subclause 165(3) provides that such a determination may have a
retrospective effect.
Clause 166 - False or misleading statements-variation of SES score
Clause 166 provides that where a false or misleading statement in relation
to a grant of financial assistance has been made by a non-government body
to a relevant person administering the Act, for the purposes of either the
Act or an agreement under the Act, and as a result of the statement a non-
government school or school in an approved school system receives a higher
funding level for the purposes of meeting recurrent expenditure or larger
amount of remoteness loading, than the school may have obtained if the
statement had not been made, that the Minister may make a determination
varying the SES score for that school.
Subclause 166(3) provides that such a determination may have a
retrospective effect.
Division 3-Appropriation and borrowings
Clause 167 - Appropriation
Provides that the Consolidated Revenue Fund is appropriated as necessary
for the purposes of this Bill.
Clause 168 - Borrowings for capital expenditure
Provides that the Treasurer may, from time to time, in accordance with the
provisions of the Commonwealth Inscribed Stock Act 1911, or in accordance
with the provisions of an Act authorising the issue of Treasury Bills,
borrow amounts totalling not more than the sum of the amounts that may
become payable to the States under Part 5 (capital expenditure) of this
Bill.
Division 4-Administration
Clause 169 - Administration-determinations and approvals
Provides for the form, manner and effect of determinations made under this
Bill.
Clause 170 - Administration-general power to vary or revoke determinations
and approvals
Subclause 170(1) provides that the power to make a determination under this
Bill includes the power to vary or revoke a previous determination in the
exercise of that power.
Subclause 170(2) sets out the determinations to which subsection (1) does
not apply. A note to assist readers clarifies that the Minister has an
express power to revoke or vary the determinations listed in subclause (2).
Subclauses 170(3) and (4) deal with the effect of determinations of
revocation under subclause (1) that are expressed to revoke a determination
as previously varied.
Subclause 170(5) provides that one instrument under subclause (1) may
contain more than one revocation or variation or both revocations and
variations.
Subclauses (6) and (7) deal with the date of effect of determinations under
subclause (1), and clarifies that a determination may only have
retrospective effect if the provision under which the determination is made
permits it.
Clause 171 - Administration-delegation
Provides that the Minister may, by written instrument, delegate all or any
of the Minister's powers and functions under this Bill or under an
agreement mentioned in this Bill to the Secretary of the Department or an
SES employee in the Department. A note to assist readers clarifies that an
SES employee is defined in the Acts Interpretation Act 1901.
Clause 172 - Administration-annual report by Minister
As soon as practicable after 30 June next following a program year, the
Minister must cause a report to be laid before each House of the Parliament
dealing with;
. financial assistance (if any) granted in the year under this Bill for
recurrent expenditure; and
. the application of the financial assistance granted in the year under
this Bill (including financial assistance by way of capital grants).
Division 5-Overseas students
Clause 173 - Overseas students not covered
Provides that financial assistance under this Bill is not to be provided to
a State for overseas students.
Subclause 173(2) provides for a definition of overseas student for the
purposes of the Bill.
Subclause 173(3) provides that the regulations may specify a persons for
the purposes of subparagraph (a)(iii) the definition of overseas student. A
note at the end of subclause (3) assists the reader by clarifying that the
regulations may specify a person by reference to a class of persons, in
accordance with section 13(3) of the Legislative Instruments Act 2003.
Subclause 173(4) provides that the Minister may, by legislative instrument,
determine that a person is not an overseas student. A note to assist the
reader clarifies that the determination may specify a person by reference
to a class of persons, in accordance with section 13(3) of the Legislative
Instruments Act 2003.
Subclauses 173(5) and (6) are deeming provisions which provide that
regulations or determinations made for the purposes of the definition of
overseas student under the former Act and in force as at 31 December 2008
are taken to have been made for the purposes of subclauses 173(3) and (4).
Division 6-Regulations
Clause 174 - Regulations
Provides that the Governor-General may make regulations prescribing all
matters:
. required or permitted by this Bill to be prescribed; or
. necessary or convenient to be prescribed for carrying out or giving
effect to this Bill.
SCHEDULES
Schedule 1 is a table which provides for the current SES funding level as
defined in clause 4 (being, for a school with a particular SES score at
column 1, a percentage of Average Government School Recurrent Costs (AGSRC)
specified in column 2 for that SES score).