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2004
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
SCHOOLS ASSISTANCE (LEARNING TOGETHER – ACHIEVEMENT THROUGH CHOICE AND OPPORTUNITY) BILL 2004
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Education,
Science and Training, the Hon Dr Brendan Nelson MP)
SCHOOLS
ASSISTANCE (LEARNING TOGETHER – ACHIEVEMENT THROUGH CHOICE AND
OPPORTUNITY) BILL 2004
OUTLINE
The purpose of the Bill is to implement the Government’s commitment
to a strong school sector which offers high quality outcomes to all students and
choice to parents by providing stability in Australian Government funding for
primary and secondary education in Australia for the 2005 to 2008
quadrennium.
The Bill secures funding for Australian Government programs
of financial assistance to the States and Territories for government and
non-government schools. It succeeds the States Grants (Primary and Secondary
Education Assistance) Act 2000 which authorised funding for the 2001 to 2004
funding period.
The Bill implements a number of decisions made in the
2004-05 Budget:
• Integration of Catholic systemic schools into the
socio-economic status (SES) funding model for non-government
schools;
• Providing a funding guarantee to independent non-government
schools that would otherwise be disadvantaged from updating the SES scores for
the 2005-2008 quadrennium;
• Additional funding for the Capital Grants
Program for the construction and refurbishment of Catholic and independent
schools in isolated locations in the Northern Territory;
and
• Establishment of a new overarching targeted program, the
Literacy, Numeracy and Special Learning Needs Program which will be targeted at
the most disadvantaged students, including students with
disabilities.
The Bill also implements election commitments to provide
additional funding for capital infrastructure for schools, to provide funding
for non-government rural student hostels, and the extension of national testing
and Statements of Learning to include information and communications
technology.
The socioeconomic status (SES) funding model will be
maintained and more deeply embedded as the basis for Australian Government
funding of non-government schools in Australia. From 2005 all
non-government schools and systems will operate under the SES model, with
Catholic systemic schools joining the SES funding arrangements.
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.
Under
the former funding arrangements, Catholic systems were funded at 56.2% of
Average Government School Recurrent Costs (AGSRC) and 51.2% for the ACT in
respect of students attending Catholic systemic schools. Non-systemic schools
were either funded on their SES score or funding maintained at their year 2000
funding levels. Independent school systems were funded on the basis of the
aggregate entitlement of their individual member schools.
For 2005-2008,
Catholic school systems will be funded on the basis of the aggregate entitlement
of their individual member schools. Individual Catholic systemic schools will
have their funding entitlements assessed according to the SES of their school
community in the same way as independent schools. Catholic systemic schools
that would be financially disadvantaged by moving to SES-based funding will have
their year 2004 per capita funding entitlements maintained in real
terms.
The following arrangements will apply for 2005-2008 for
non-government non-systemic schools:
• Schools that are currently
funding maintained, will continue to be funding maintained for 2005-2008 unless
their 2005-2008 SES score indicates higher total school funding than the school
currently receives (these schools are referred to as schools with year 2000
funding levels in the former Act);
• Schools with a 2005-2008 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
AGSRC;
• Schools with a 2005-2008 SES score that is lower than their
current score will attract a higher per capita funding rate from 2005 unless the
school is currently funding maintained and in receipt of higher total school
funding or already in receipt of maximum funding; and
• Schools with a
2005-2008 SES score that is higher than their current score will have their 2004
per capita dollar amounts guaranteed (or frozen) until the value of the new
score is equal to, or greater than, their 2004 entitlements unless the school is
funding maintained or already in receipt of maximum
funding.
The Bill will implement an enhanced
performance framework including reporting arrangements for Australian Government
schools funding for 2005-2008. The strengthened accountability and reporting
requirements contained in this Bill will reinforce the link between the funding
provided under Australian Government programs and improved outcomes for all
Australian students.
Grantees are required to commit to reporting against performance measures
and to achieving performance targets related to the National Goals for
Schooling.
From 2005, as a condition of funding, schools will be required to report
to parents of students in years 3, 5 and 7 on their child’s performance
against national literacy and numeracy benchmarks.
The Bill will also
require school reports to abide by broadly stated principles that ensure that
parents receive timely, plain language feedback on their child’s
performance.
This Bill includes, as a condition of funding, a
requirement for all schools to publish and make readily accessible a range of
school performance information. This information, to be specified in
regulations, will include such information as academic outcomes, what
vocational, education and training options are offered, school leaver
destinations, the professional qualifications of teachers and professional
development undertaken by teachers.
The Bill will require the
publication, within one year after the end of each program year, of a national
report on the outcomes of schooling.
The Bill takes steps to improve
national consistency, by requiring educational authorities to bring in a uniform
school starting age by 2010 and to implement common testing standards, including
common national tests in the key areas of English, mathematics, science, civics
and citizenship education and information and communications technology.
Education authorities must also commit to develop and implement Statements of
Learning that describe the key knowledge, understandings, skills and capacities
in English, mathematics, science, civics and citizenship education, and
information and communications technology, that each child should acquire at
school and to commit to implement before 1 January 2006, a consistent national
system for the timely transmission between schools of student information
relating to students moving interstate.
This Bill requires education
authorities to make a commitment that principals, and their governing bodies, be
given strengthened autonomy over education programs, staffing, budget and other
operations.
Education authorities must also make a commitment to put into
effect the National Safe Schools Framework and to provide at least two hours of
physical activity each school week. This is just one part of a range of
initiatives that this Government is taking to make a significant difference to
the health and well being of all Australian children.
Commitment to
achieve performance targets and report against performance measures is a
precondition to receiving Australian Government schools grants (as under the
current Act). Education authorities will not be financially penalised if they
fail to achieve targets. Through his regulation power the Minister is able to
require an education authority which has failed to meet a target to which it is
committed to take certain specified action to address a failure to meet a
target, and to report on the steps taken.
This Bill continues the
Australian Government’s commitment to improving literacy and numeracy for
all Australian students. The Bill includes a new overarching targeted program,
the Literacy, Numeracy and Special Learning Needs Program.
This program
will have three distinct elements:
• Schools Grants (formerly known as
the Strategic Assistance for Improving Student Outcomes
Program);
• Non-Government Centres Support (formerly known as the
Special Education for Non-Government Centres Support Program); and
• National Projects (formerly known as the National Literacy and
Numeracy Strategies and Projects Program).
It will be targeted at the
most disadvantaged students, including students with disabilities. This
includes additional funding to improve education outcomes for educationally
disadvantaged students and to ensure that no sector will experience a reduction
in funding as a result of new allocation arrangements.
The Bill provides
additional amounts of $700 million for government schools and $300 million for
non-government schools in capital infrastructure funding to restore and build
Australia’s school buildings and grounds.
The Bill provides a
grant to non-government rural student hostels of $2,500 per resident student per
year over 2005-2008 to support rural communities by providing an affordable
alternative to boarding school or distance education for rural and isolated
families.
The Bill has a similar structure to the States Grants
(Primary and Secondary Education Assistance) Act 2000.
As before, the
legislative base for the schools programs will be underpinned by agreements with
the States and Territories as well as with non-government school authorities.
Administrative details will be in the publication “Australian Government
Programs for Schools – Administrative Guidelines – 2005 to
2008”.
The Bill provides for an appropriation of some $28.6 billion in final
2004 prices for the entire quadrennium. In accordance with the
Government’s policy, these amounts will be adjusted for price movements.
The Schedules to the Bill set out grants for the 2005 to 2008
quadrennium.
SCHOOLS ASSISTANCE (LEARNING TOGETHER
– ACHIEVEMENT THROUGH CHOICE AND OPPORTUNITY) BILL 2004
NOTES ON CLAUSES
Clause 1 - Short Title
Provides for the Act to be cited
as the Schools Assistance (Learning Together – Achievement Through
Choice and Opportunity) Act 2004.
Clause 2 -
Commencement
Provides for the Act to commence (or to be taken to have
commenced) on 1 January 2005.
Provides a simplified outline of the Act.
Contains definitions of the terms and expressions used in the
Act.
Clause 5 – Students receiving education at
non-government schools
Subclause 5(1) provides that a student
will not be taken to be receiving primary or secondary education at a
non-government school at the location set out in the list of non-government
schools unless the basis of the student’s attendance is daily. The
Minister is empowered because of special circumstances to determine that the
student is so attending on a daily basis.
Subclause 5(2) provides
that a student will not be taken to be receiving primary or secondary distance
education at a non-government school in a State if the student does not reside
in the State, or the school is not approved under State law to provide distance
education, or the student is home educated.
Clause 4 provides that a funding level under the Bill has the
meaning given by this clause. Under the Bill there are 4 different types of
funding levels, all of which are expressed as a percentage of Average Government
School Recurrent Costs (AGSRC). All schools except for special schools will
have either an SES funding level, a year 2000 funding level or a year 2004
funding level. Special schools receive 70 percent of AGSRC.
AGSRC for
primary education and secondary education are defined in Clause 4 to mean
the AGSRC primary and secondary amounts set out in Schedule 1 for the program
year or, where those amounts are changed by a regulation made under subclause
121(1), the new amounts.
Whether a school is placed in a current SES
funding level, is funding maintained or is in funding guarantee is determined
under the transitional provisions set out in clauses 146 and
147.
Enables the Minister to determine what is primary or secondary education
in a State, allowing the Minister to take account of different arrangements for
primary or secondary years across States. The Minister is required to gazette
the determination.
Clause 4 defines an SES score to have the meaning given by this
clause. This clause defines an SES score to be a number determined by the
Minister for a school in accordance with guidelines approved by the Minister.
The relevant SES scores are set out in column 1 of the tables in Part 1 and Part
2 of Schedule 4. They range from 85 or less to 130 or more and are
expressed as a whole number. Under the SES funding arrangements, all
non-government schools except special schools will receive an SES score.
Special schools receive 70 percent of AGSRC. The guidelines, which set out how
an SES score is to be calculated, are treated as a legislative
instrument.
Enables the Minister to determine that a body is to be the approved
authority of a non-government body such as an approved school system or a
non-systemic school, for the purposes of a particular provision of the
Bill.
Allows non-government schools to combine to participate in a program
under the auspices of a body established for the purpose (a nominated
authority).
Clause 11 – Approved government school community
organisation
Allows the Minister to determine that a body corporate
that the Minister is satisfied is connected with a government school and
represents the school’s community is the approved government school
community organisation for the school for the purposes of the
Act.
Provides a simplified outline of the general provisions relating to
grants. The Minister is not to authorise a payment to a State for a government
school or to a State for a non-government school unless an agreement is in place
between the Commonwealth and the State, or the approved government school
community organisation, or the relevant authority of a non-government
body.
Clause 13 – Division does not apply in relation to financial
assistance under section 69 for approved government school community
organisation
Division 2 of Part 2 does not apply to financial
assistance paid or payable to a State under section 69 for an approved
government school community organisation. Such financial assistance is covered
by Division 3 agreements.
Prescribes that the Minister must not authorise payments to a State in
the absence of an agreement with that State. An agreement must include a
requirement that the State make commitments to:
• the National
Goals for Schooling prepared by the Ministerial Council on Education,
Employment, Training and Youth Affairs (MCEETYA); and
• achieve the
performance targets, and report against the performance measures, that are
specified in regulations; and
• publication, within one year after
the end of each program year of a national report on the outcomes of schooling;
and
• ensure that school performance information is made publicly
available; and
• report to the Minister about student attendance at
government schools in the State; and
• the
development before 1 January 2006 of Statements of Learning that describe the
key knowledge, understandings, skills and capacities in English, mathematics,
science, civics and citizenship education and information and communications
technology, that each child should have the opportunity to acquire at school;
and
• implement those Statements of Learning either as part of the
State’s next curriculum review or before 1 January 2008;
and
• put in place common testing standards in English, mathematics,
science, civics and citizenship education and information and communications
technology; and
• put into effect, before 1 January 2006, the National
Safe Schools Framework endorsed by MCEETYA; and
• provide in the
curriculum of government schools in the State at least 2 hours of physical
activity each school week for students undertaking primary education and junior
secondary education; and
• give the principal and the governing body
of a government school strengthened autonomy over, and responsibility for,
education programs, staffing, budget and other aspects of the school’s
operations within a framework of broad systemic policies; and
• appointments of staff in government schools being made with the
approval of the principal or governing body of the school;
and
• implement before 1 January 2006, a consistent national system for
the timely transmission between schools of student information relating to
students moving interstate; and
• ensure that parents are given a
report on their child’s achievement against the appropriate national
benchmarks for year 3, 5 and 7; and
• achieve before 1 January 2010
national consistency in starting ages and common nomenclature.
An
agreement must also include the commitment set out in clause 15 and the
specific conditions set out under clauses 16, 18, 19, 20 and
21.
Clause 15 – Further commitment – student
reports
Prescribes that an agreement must contain a commitment by the
State to ensure that each government school in the State provides to the
parents, guardians or other persons who have care and control of a child
attending a government school in the State, student reports relating to the
child which conform to certain specified principles.
Clause 16
– Further conditions of financial assistance
An agreement must
also include a requirement that the State spends financial assistance in
accordance with the purposes for which it is given and that the State provide
reports in respect of that expenditure at times nominated by the Minister. The
agreement may also include other conditions the Minister thinks
appropriate.
Prescribes that grants to a State for government schools under the Bill
are to be subject to the conditions set out in an agreement under clause
14.
Prescribes that States will give the Secretary of the Department reports
on expenditure, in respect of a program year, on or before 30 June of the
following year, unless another date is prescribed by the Minister. The clause
also requires States to repay unspent amounts to the Commonwealth if the
Minister so determines.
Prescribes that, by the date determined by the Minister, or by the date
that will allow publication of the national report on the outcomes of schooling
to happen within 1 year after the end of each program year, a State will:
• participate in preparing a national report on the outcomes of
schooling;
• provide reports as required by the Minister addressing the
requirements for performance information and student attendance as specified in
the regulations.
States will also be required to:
• provide
reports in relation to financial assistance;
• take part in evaluations
of the outcomes of programs funded under the Bill;
• provide reports in
relation to the State’s expenditure on the professional learning of
teachers in government schools;
• ensure that parents are given a
report for their child on the results of assessments in reading, writing,
spelling and numeracy against the national benchmarks specified in the
regulations for year 3, 5 or 7;
• ensure that school performance
information specified in regulations is made publicly
available;
• implement before 1 January 2008, in accordance with
regulations common testing standards, including common national tests in
English, mathematics, science, civics and citizenship education and information
and communications technology.
In addition, if the Minister considers
that the State has not achieved the performance targets specified in the
regulations and the Minister has directed the State to take the action specified
in the direction, the State must provide to the Minister a report on the action
taken in response to the direction.
Prescribes that, where a State has not fulfilled a condition in clause
16 or clauses 18 or 19, the Minister may determine that the State
will repay amounts determined by the Minister to the Commonwealth. Where the
State does not make such a repayment then the Commonwealth Minister may reduce
other amounts payable to the State for government schools under the Bill or
delay making payments until the State fulfils outstanding
conditions.
Provides that where a payment exceeds that which is properly payable
under the Bill then, if the Minister so determines, the State will repay the
excess to the Commonwealth. If the State does not make such a repayment then
the Minister may reduce other amounts payable to the State for government
schools under the Bill.
Subdivision A – Conditions of grants for approved government
school community organisations
Clause 22 - Agreement on conditions
of financial assistance
Subclause 22(1) provides that the
Minister must not authorise a payment to a State under clause 69 for an
approved government school community organisation for a program year unless the
organisation has made an agreement with the Commonwealth that sets out the
conditions mentioned in clauses 23, 24, 25, 26 and
27.
Subclause 22(2) provides that the agreement mentioned in
subclause 22(1) may have been made before the commencement of the
Act.
Subclause 22(3) provides that the grant to a State (under
clause 69) of financial assistance for an approved government school
community organisation for a program year is subject to the conditions set out
in the agreement made between the organisation and the Commonwealth as mentioned
in subclause 22(1) in respect of the financial assistance. The grant is
also subject to the conditions set out in Subdivision
B.
Clause 23 - General conditions of financial
assistance
Subclause 23(1) provides that, for the purposes of
paragraph 22(1)(a), the agreement must include the following
conditions:
• a condition that the amounts received by the approved
government school community organisation from the State (as a result of the
payment to the State for the organisation) are to be spent for the purposes
determined by the Minister and set out in the condition;
• a condition
that the organisation will provide to the Minister reports about the expenditure
of the amounts that contain information of a kind that the Minister thinks
appropriate relating to that assistance for the organisation;
• a
condition that the organisation will provide the reports mentioned in
paragraph 22(1)(b) to the Minister at the times and in the manner that
the Minister thinks appropriate.
Subclause 23(2) provides that the
agreement may also include other conditions that the Minister thinks appropriate
in relation to the organisation.
Clause 24 - Specific
condition—financial accountability
Subclause 24(1)
provides that a specific condition is that the approved government school
community organisation will 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 paragraph 23(1)(a) has been spent (or committed to
be spent) for the program year for the purposes mentioned in that paragraph and
give the Secretary of the Department the certificate on or before 30 June next
following the program year concerned or such other date as the Minister
determines.
Subclause 24(2) provides that a further condition is
that, if not all the amounts mentioned in paragraph 23(1)(a) were spent
(or committed to be spent) by the organisation for the program year concerned
for the purpose for which the assistance was granted, the organisation will (if
the Minister so determines) pay to the Commonwealth the amount stated in the
determination within a period determined by the Minister.
Subclause
24(3) provides that the amount stated in the determination must not be more
than the unspent or uncommitted amount or the sum of the unspent or uncommitted
amounts.
Clause 25 - Specific condition—other accountability
requirements
Provides that a further condition is that the approved
government school community organisation will do each of the following not later
than a date or dates determined by the Minister for the purposes of each
paragraph:
(a) give the Minister a report or reports, of a kind or kinds
required by the Minister, in relation to financial assistance provided for the
organisation under clause 69; and
(b) participate in evaluating the
outcomes of programs of financial assistance provided under the
Act.
Clause 26 - Specific condition—non fulfilment of
conditions
Subclause 26(1) provides that a further condition
is that if the approved government school community organisation does not
fulfill a condition mentioned in clause 23, 24 or 25 by the time required
by or under the condition:
(a) the organisation will (if the Minister so
determines) pay to the Commonwealth the amount stated in the determination;
and
(b) the Minister may delay the making of any further payment to the State
under clause 69 for the organisation until the organisation fulfils this
condition.
Subclause 26(2) provides that the amount stated in the
determination under paragraph 26(1)(a) must not be more than the sum of
the amounts mentioned in paragraph 23(1)(a).
Clause 27 -
Specific condition—overpayment of financial assistance
Provides
that a further condition is that, if the sum of the amounts mentioned in
paragraph 23(1)(a) exceeds the total amount that was properly authorised
to be paid to the State for the approved government school community
organisation, then the organisation will (if the Minister so determines) pay to
the Commonwealth an amount equal to the excess and, if the organisation does not
do so, the Minister may make a determination reducing any other amount or
amounts of financial assistance for the organisation under clause 69 by
an amount or amounts not more than the excess. Such a determination is made
under clause 43.
Subdivision B—Conditions of grants
to States for approved government school community
organisations
Clause 28 - General conditions of grant to State of
financial assistance
Provides that a grant to a State under clause
69 of financial assistance for an approved government school community
organisation for a program year is subject to the following
conditions:
• a condition that the State will, as soon as practicable,
pay to the organisation each amount paid to the State for the organisation under
clause 69 and, when making such a payment, describe the amount paid to
the organisation as a payment made out of money paid to the State by the
Commonwealth under clause 69;
• the condition in clause
29.
Clause 29 - Specific condition—non fulfilment of
conditions
Subclause 29(1) provides that the grant to a State
under clause 69 of financial assistance for an approved government school
community organisation for a program year is subject to the condition that, if
the State does not fulfill the condition mentioned in paragraph 28(a) in
relation to the grant at the time stated in that paragraph or within such
further period as the Minister allows, then the State will (if the Minister so
determines) repay to the Commonwealth the amount stated in the determination and
the Minister may delay making any future payment to the State under the Act for
government schools if the State fails to comply with the condition mentioned in
paragraph 28(a) because it delays paying an amount to the
organisation.
Subclause 29(2) provides that the amount stated in
the determination under paragraph 29(1)(a) must not be more than the sum
of the amounts of financial assistance paid to the State under paragraph
69 for the organisation for the program year concerned.
Subdivision A – Requirements for relevant authorities
etc.
Clause 30 – Minister not to authorise payment to a
State for a non-government body in certain circumstances
Prescribes
that the Minister must not authorise payments to a State for a non-government
body in the absence of an agreement between the Commonwealth and the relevant
authority. The agreement is to conform to clause 31 of the Bill if the
agreement is with the relevant authority of a non-government school or an
approved school system. Agreements with other non-government bodies such as
non-government rural student hostels must include matters required by clause
34, 35, 37 and 38
This clause also empowers the Minister to refuse
to authorise payments to a non-government school, or for a level of education in
a non-government school, for any period when the school or level is not
recognised by the State Minister. Similarly, where a non-government school is
being wound-up, is in receivership or is under the control of a manager, the
Minister may delay or refuse to authorise payments.
The Minister may
delay or refuse to authorise payments where the relevant authority is not a body
corporate or it appears that the authority’s liabilities are greater than
its assets or the authority is unlikely to be able to pay its debts.
Provides that an agreement made under clause 30 must contain a
requirement that the relevant authority of a non-government school or approved
school system make a commitment to:
• the National Goals for
Schooling prepared by the Ministerial Council on Education, Employment, Training
and Youth Affairs (MCEETYA); and
• achieve the performance targets, and
report against the performance measures that are specified in regulations;
and
• publish, within one year after the end of each program year, a
national report on the outcomes of schooling; and
• ensure that school
performance information is made publicly available; and
• report to the
Minister about student attendance at the school(s); and
• develop,
before 1 January 2006, Statements of Learning that describe the key knowledge,
understandings, skills and capacities in English, mathematics, science, civics
and citizenship education and information and communications technology, that
each child should have the opportunity to acquire at school;
and
• implement those Statements of Learning either as part of the
relevant authority’s next curriculum review or before 1 January 2008;
and
• put in place common testing standards in English, mathematics,
science, civics and citizenship education and information and communications
technology; and
• put into effect, before 1 January 2006, the National
Safe Schools Framework endorsed by MCEETYA; and
• provide in the
curriculum of the school(s) at least 2 hours of physical activity each school
week for students undertaking primary education and junior secondary education;
and
• give the principal and the governing body of a non-government
school strengthened autonomy over, and responsibility for, education programs,
staffing, budget and other aspects of the school’s operations within a
framework of broad systemic policies; and
• appointments of staff in
the school being made with the approval of the principal or governing body of
the school – in the case of Catholic schools this will take account of the
relationship with the bishop, parish priest(s) and the leadership of religious
institutions; and
• implement before 1 January 2006, a consistent
national system for the timely transmission between schools of student
information relating to students moving interstate; and
• ensure parents are given a report on their
child’s achievement against the appropriate national benchmarks for year
3, 5 and 7; and
• achieve before 1 January 2010 national consistency in
starting ages and common nomenclature.
An agreement must also include the
commitment mentioned at clause 32, the specific requirements set out under
clauses 34, 35, 36, 37 and 38; and any provision required by paragraphs
56(2)(d), 58(4)(b) and 59(4)(e).
Clause 32 – Further commitment – student
reports
Prescribes that an agreement must contain a commitment by the relevant authority to ensure that each non-government school provides to the parents, guardians or other persons who have care and control of a child attending that non-government school, student reports relating to the child which conform to certain specified principles.
Clause 33 – Provisions that may be included in
agreements
Prescribes that an agreement may include any other
provisions that the Minister thinks appropriate in relation to the relevant
authority.
Prescribes that an agreement must require that amounts received by the
relevant authority for non-government bodies be spent for the purposes set out
in an agreement, which may include administrative expenses incurred by the
authority. It must also include a provision which allows a person authorised by
the Minister to be given free access to, and be permitted to make copies of,
accounts and records relating to information the authority is required to give
the Minister under the agreement.
Prescribes that an agreement must contain a requirement that the
authority is to give to the Secretary of the Department, after the end of the
program year, a certificate by a qualified accountant that the amounts received
were spent (or committed to be spent) for the purposes set out in the
agreement.
Prescribes that, by the date determined by the Minister, or by a date
that will allow publication of the national report on the outcomes of schooling
to happen within 1 year after the end of each program year, a relevant authority
of a non-government school or approved school system will:
• participate in preparing a national report on the outcomes of
schooling;
• provide reports as required by the Minister addressing the
requirements for performance information and student attendance as specified in
the regulations.
Relevant authorities will also be required to:
• provide reports in relation to financial assistance if
requested;
• take part in evaluations of the outcomes of programs
funded under the Bill;
• provide reports in relation to their
expenditure on the professional learning of teachers in the school or approved
school system;
• ensure that parents are given a report for their child
on the results of assessments in reading, writing, spelling and numeracy against
the national benchmarks specified in the regulations for year 3, 5 or
7;
• ensure that school performance information specified in
regulations is made publicly available;
• implement before 1 January
2008, in accordance with regulations, common testing standards, including common
national tests in English, mathematics, science, civics and citizenship
education and information and communications technology.
In addition, if
the Minister considers that the relevant authority has not achieved the
performance targets specified in the regulations and the Minister has directed
the relevant authority to take the action specified in the direction, the
relevant authority must provide to the Minister a report on the action taken in
response to the direction.
Clause 37 – Specific requirement
- provision dealing with failure to comply within time
limit
Prescribes that an agreement must contain a requirement that if
an authority does not fulfill a requirement set out in the agreement, the
Minister may determine that the authority will repay amounts determined by the
Minister to the Commonwealth. Where the authority does not make such a
repayment then the Commonwealth Minister may reduce other amounts payable to the
State for the non-government body under the Bill or delay making payments until
the authority fulfils outstanding conditions.
Prescribes that an agreement must contain a requirement, that, where a
payment exceeds that which is properly payable under the Bill, if the Minister
so determines, the relevant authority of the non-government body will repay the
excess to the Commonwealth. If the authority does not make such a repayment,
the Minister may reduce other amounts payable to the State for the
non-government body under the Bill.
Provides that a State should, without delay, pass on to a non-government
authority, amounts paid to the State under the Bill for that authority and that
the State should advise the authority that the funds are being provided by the
Commonwealth.
Prescribes that, if a State does not fulfill a condition under
paragraph 39(a) in relation to a grant, within the period prescribed or a
later period determined by the Minister, then the State will repay the relevant
amount. Failing this, the Minister may delay the making of further payments for
government schools in the State until the State fulfils the relevant
condition.
Applies where an amount paid to a State becomes repayable and that amount
remains unpaid. In these circumstances the Minister may reduce payments that
would otherwise be due to the State under the Bill and may redistribute an
amount equal to the reduction to the States for any purpose under any provision
of the Bill.
Prescribes that an amount payable by a State to the Commonwealth under
this Bill is a debt due by the State to the Commonwealth.
Clause
43 – Powers of Minister if amounts payable by approved government school
community organisations
Subclause 43(1) provides that proposed
clause 43 applies if, under a provision of an agreement made between the
Commonwealth and an approved government school community organisation, the
Minister has determined that the organisation is to pay an amount to the
Commonwealth and the amount repayable remains unpaid.
Subclause
43(2) provides that the Minister may make a determination reducing an amount
that is authorised to be paid to a State for an organisation under clause
69 in any program year by an amount not more than the amount
repayable.
Subclause 43(3) provides that the Minister may make a
determination under a provision of the Act (whether under clause 69 or a
different provision) increasing the maximum amount that may be paid to the
States for any purpose under that provision in any program year by an amount or
amounts totaling not more than the amount of any reduction under subclause
43(2).
Applies where an amount is to be repaid by the relevant authority and the
amount remains unpaid. In these circumstances the Minister may reduce payments
that would otherwise be payable to the State for the authority and may
redistribute an amount equal to the reduction to the States for any purpose
under any provision of the Bill.
Prescribes that the Minister should take into account all relevant
matters before making a determination under subclauses 18(2) or paragraphs
20(1)(a), 21(a), 37(a), 38(a) or 40(1)(a).
Part 3
– Lists of non-government schools and approved school
systems
Provides that a non-government school is not eligible for financial
assistance unless it appears on the list of non-government schools for the level
of education and location for which financial assistance is sought.
Requires that the Minister must keep a list of non-government schools for
which financial assistance is provided under the Bill. There are definitions in
clause 4 of school, non-government school and systemic and non-systemic
schools.
The details required to be kept in the list are specified and
generally are the same as those required under the former Act. The clause also
requires the Minister to have the list of schools published in the
Gazette, including the funding level of all schools. Clause 144
retains the list kept under the former Act that is in force immediately before 1
January 2005 in force under the Bill excluding SES scores or funding
levels.
Clause 48 – List of approved school systems
Requires
that the Minister must keep a list of approved school systems. An approved
school system is defined in clause 4 to mean a system included in the
list kept under this clause.
The list is to contain the name of each
approved school system and the name for the approved authority for each approved
school system. The clause also requires the Minister to have the list of
approved school systems published in the Gazette, including the names of
each approved school system and the name of each systemic school. Clause
145 retains the list kept under the former Act that is in force immediately
before 1 January 2005 in force under the Bill.
Division 1 – Simplified outline of
Part
Provides a simplified outline of Part
4.
Division 2 – Varying lists of
non-government schools and approved school systems
Empowers the Minister to vary the list of non-government schools, by
determination, having regard to various factors. These include if the whole
school ceases to be recognised by a State or ceases to be recognised for a level
of education or for distance education or as a special school or becomes profit
making. The Minister may also correct errors in the list. Where changes are
made to the list, the Minister must advise the approved authority of the school
or system (clause 65).
Clause 51 – Varying list of
approved schools systems
Empowers the Minister to vary the list of approved school systems, by
determination, having regard to various factors, including to correct errors in
the list. There is no power to include a new system in the list. Where changes
are made to the list, the Minister must advise the approved authority of the
system (clause 65).
Clause 52 – Application to change funding level of
non-government school due to incorrect SES score etc.
Allows the
approved authority of a school to apply for a review of the school’s
funding level where it considers the school’s SES score has not been
determined correctly, or does not reflect the socio-economic circumstances of
the school’s community in accordance with guidelines approved by the
Minister under clause 8, or the score is no longer accurate because of a
significant change in the school’s circumstances.
The clause
requires that there must be a written application for a review of a
school’s funding level containing particulars about the school and the
grounds for review.
Clause 53 - Change of funding level of
non-government school due to incorrect SES score etc.
This clause
empowers the Minister, after consideration of the circumstances, to determine a
new SES score, and determine a different SES funding level if the school has an
SES funding level. If the school is funding maintained and has a year 2000
funding level, the Minister is empowered to determine an SES funding level for
the school.
This Division applies to a proposal to change the approved authority of a
non-systemic school or an approved school system. It does not apply to changes
resulting from schools seeking to join or leave systems or changes resulting
from new school proposals – see Divisions 5 and 6.
Prescribes that the approved authority of a non-systemic school or an
approved school system may apply in writing, giving details of the school or
system and the new body that is to assume responsibility for the school or
system, and indicating if the new body is prepared to fulfill the obligations,
if any, of the existing approved authority under the Bill or the former
Act.
Empowers the Minister to approve or refuse a proposal. The Minister,
however, must not approve a proposal unless the new body is recognised by the
State if this is required; is an incorporated body if the school is
non-systemic; has made an agreement with the Commonwealth; and, is prepared to
fulfill the obligations, if any, of the existing approved authority. The school
or schools for which the body is responsible must be non-profit
making.
States that the Minister, if he or she approves a proposal, must also
determine the approved authority and vary the list of non-government
schools.
Clause 58 – Proposal for a non-systemic school to become a
member of an approved school system
Prescribes that the approved
authority of a non-systemic school may apply in writing, giving details of the
school and the school system, providing evidence that the approved authority of
the system agrees to the school joining and indicating if that approved
authority is prepared to fulfill the obligations, if any, of the existing
approved authority under the Bill or the former Act.
The Minister is
empowered to approve or refuse a proposal. The Minister, however, must not
approve a proposal unless the approved authority of the system has made an
agreement with the Commonwealth and is prepared to fulfill the obligations, if
any, of the existing approved authority. If the Minister approves a proposal,
he or she must also vary the list of non-government
schools.
Clause 59 – Proposal for a school to cease to be a
member of an approved school system
Prescribes that either the
approved authority of the system or the body that is to become principally
responsible for the school may apply in writing, giving details of the school
and the new body that is to assume responsibility for the school and indicating
if the new body is prepared to fulfill the obligations, if any, of the existing
approved authority under the Bill or the former Act.
The Minister is
empowered to approve or refuse a proposal. The Minister, however, must not
approve a proposal unless there is evidence that the approved authority of the
system agrees to the school leaving or the Minister has given notice to that
authority, the new body is an incorporated body and is not profit-making, and
has made an agreement with the Commonwealth and is prepared to fulfill the
obligations, if any, of the existing approved authority. If the Minister
approves a proposal, he or she must also determine the approved authority and
vary the list of non-government schools.
Division 6
– Changes to schools or education provided
Subclauses (1) and (2) prescribe that the approved authority of a
school may apply in writing to have the list of non-government schools varied to
take account of a location proposal. A location proposal is defined to
mean a proposal to provide a new level of education at an existing or new
location, or to provide the same level of education at a new location, or to
provide distance education at the same level of education at an existing
location.
Subclauses (3) and (4) prescribe that the approved
authority of a system or the body that is to become principally responsible for
the school may apply in writing to have the list of non-government schools
varied to take account of a new school proposal. A new school proposal
is defined as a proposal for an amalgamation of a systemic or non-systemic
school with any other school, or the separation of a systemic or non-systemic
school into two or more schools, or a proposal for the inclusion in the list of
a new school or an existing school which is not receiving Australian Government
funding.
Subclauses (5) and (6) prescribe that the application is
to be in writing and set out details of the proposal and the earliest program
years in respect of which the application is made. If the application is for an
earlier year than the year of application, it must set out the circumstances the
applicant considers are exceptional justifying backdating the variation of the
list.
Provides that the Minister may approve or refuse a proposal. Where the
Minister approves the application, he or she must determine the body that will
be the approved authority of the school where the school is
non-systemic.
Prescribes the requirements that must be met before the Minister may vary
the list in respect of a location proposal or a new school proposal:
(a) the
school which is the subject of the location proposal or new school proposal must
have begun to provide the education the subject of the proposal;
(b) the
school must have State recognition for the level of education and/or location
which is the subject of the location proposal or for the new school
proposal;
(c) if the location proposal relates to distance education, the
school must have State recognition for the provision of distance
education;
(d) if a new school is proposed, it must not be conducted for
profit;
(e) if a new non-systemic school is being proposed, the approved
authority must be a body corporate; and
(f) all of the previous requirements
must be satisfied before the schools census day in the year in which the
proposal is to take effect. The schools census day is defined in clause
4.
Prescribes that the Minister may only vary the list retrospectively for a
location proposal or a new school proposal if he or she is satisfied that there
are exceptional circumstances justifying such a
variation.
Division 7 –
Miscellaneous
Requires the Minister to determine an SES score if the school is not a
special school and the SES funding level and include that score (if appropriate)
and funding level in the list of non-government schools in respect of approvals
the Minister has given to proposals:
(a) for the amalgamation of a
non-systemic school or a systemic school with another school;
(b) for the
separation of a non-systemic school or a systemic school into two or more
schools;
(c) for a new school; or
(d) for a school that exists but is not
receiving Australian Government funding.
Requires the Minister to give notice of a decision under this Part to the
relevant approved authority.
Empowers the Minister to give a determination a retrospective effect but
not to a date earlier than 1 January 2005.
Provides that overseas students are to be disregarded for the purposes of
Part 4. An overseas student is defined in this clause as a person who has a
visa, or is included in a visa, in force under the Migration Act 1958
that permits the person to travel to Australia for the purpose of undertaking a
course.
The clause also permits a regulation to be made extending the
definition to a person or a class of persons prescribed in the
regulation.
The Minister is empowered under this clause to exclude a
person or a person included in a class of persons from the operation of the
definition. Clause 148 keeps a determination made under the former Act
as to the exclusions from the definition that is in force immediately before 1
January 2005, in force under the Bill.
Empowers the Minister to make recurrent grants to the States which, in
total, are no greater than the sum of the amounts calculated by multiplying the
number of primary and the number of secondary government school students on the
schools census day for the State for the program year by the respective per
student amounts (referred to as the primary education amount and the secondary
education amount) in Schedule 2 for the program year.
The amounts in Schedule 2 are expressed as a percentage of AGSRC. AGSRC for primary education and secondary education are defined in clause 4 to mean the AGSRC primary and secondary amounts set out in Schedule 1 for the program year or, where those amounts are changed by a regulation made under subclause 121(1), the new amounts.
The schools census day for a State for a program year is defined in
clause 4.
Under clause 139 overseas students (whose meaning is defined in
subclause 67(2)) are not eligible to attract financial assistance under
this Part.
Division 2 – Capital
grants
Enables the Minister to authorise payments to the States for capital
expenditure in connection with government schools and/or government rural school
hostels. The total amounts authorised under this clause must not exceed the sum
of the amounts in column 2 and column 3 of Schedule 3 for the respective
program years.
The financial assistance for
capital expenditure in connection with a government school may be provided by
paying the assistance to the State to an approved government school community
organisation.
This clause provides a simplified outline of the payment of grants for
non-government schools for recurrent expenditure, capital expenditure, short
term emergency assistance and establishment grants as well as capital and other
expenditure of non government rural student hostels.
This element provides general recurrent grants to States to pass on to
approved non-government schools and systems according to the levels of education
and the locations for which the schools have been approved. Non-government
schools and systems are eligible to receive general recurrent grants for all
students enrolled in non-government primary and secondary schools other than
pre-school students and overseas students.
This Division deals with the
payment of general recurrent grants for non-government schools. Funding is
worked out on a school by school basis, whether the school is in an approved
school system or not. The calculation of the amount of the grant relates
to:
(a) whether a non-systemic school or a systemic school in an approved
school system has an SES funding level; or is funding maintained and has a year
2000 funding level; or will receive maintained Catholic school funding and has a
year 2004 funding level; or is guaranteed on their year 2004 SES funding; or is
a special school;
(b) the number of primary or secondary students (including
the full-time equivalent of part-time students), and the number of primary or
secondary distance education students (including the full-time equivalent of
part-time students) at the school on the schools census day for the State for
the program year; and
(c) the per student recurrent amount applicable to the
funding level of the school for the program year for the primary and secondary
levels of education, and the per student recurrent amount applicable to primary
and secondary distance education students.
Subclause 5(1) provides that a student will not be taken to be
receiving primary or secondary education at a non-government school at the
location set out in the list of non-government schools unless the basis of the
student’s attendance is daily. The Minister is empowered because of
special circumstances to determine that the student is so attending on a daily
basis.
Subclause 5(2) provides that a student will not be taken
to be receiving primary or secondary distance education at a non-government
school in a State if the student does not reside in the State, or the school is
not approved under State law to provide distance education, or the student is
home educated.
Under clause 139 overseas students (whose meaning
is defined in subclause 67(2)) are not eligible to attract financial
assistance under this Part.
The former Act is defined in clause 4
to mean the States Grants (Primary and Secondary Education Assistance) Act
2000.
Subdivision A – Simplified outline of Division
Clause
71 – Simplified Outline
Provides a simplified outline of
Division 2.
Subdivision B – Application
Clause
72 – Application of Division
States that this Division is
applied to work out the funding for the general recurrent expenditure of
non-government schools.
Clause 73 – Application of
Subdivision C – current SES funding
Provides instructions for
identifying whether a school, in a particular program year and in relation to a
particular level of education provided at the school, will be funded in
accordance with their current SES score. The method for calculating the amount
of general recurrent funding is provided at Subdivision
C.
This clause provides that Subdivision C
applies to a school in a particular program year and in relation to a particular
level of education provided at the school unless the following is
applicable:
• Subdivision D relating to schools that have
maintained year 2000 funding
• Subdivision E relating to schools that
have maintained Catholic school funding, that is a year 2004 funding
level
• Subdivision F relating to schools that have guaranteed year
2004 SES funding
• Subdivision G relating to special
schools.
Subdivision C applies to the school whether or not the school is
in an approved school system.
Clause 74 – Application of
Subdivision D – maintained year 2000 funding
Provides
instructions for identifying whether a school is to be funded according to
maintained year 2000 funding. The method for calculating the amount of general
recurrent funding is provided at Subdivision D.
Subdivision D applies to
a school if the school had on 31 December 2004, a year 2000 funding level for
the purposes of the former Act, and:
• the school is not a special
school; and
• the school’s SES score has not been determined as
a result of requesting a review (paragraph 53(1)(d)); and
• the
school’s SES score has not been determined because of circumstances stated
at paragraph 64(1)(a) relating to amalgamations, new schools,
separations, or existing schools not already on the list; and
• the
school’s SES score has not been determined under subclause 132 as a
result of making a false or misleading statement; and
• if the school
provides either primary or secondary education and the school’s
year 2000 funding level exceeds the school’s current SES funding level; or
• if the school provides both primary and secondary education
and the total of the school’s year 2000 funding amount exceeds the total
of the school’s current SES funding amount immediately after the
commencement of the Act.
Subdivision D applies to the school whether or
not the school is in an approved school system.
Clause 75 –
Application of Subdivision E – maintained Catholic school
funding
Provides instructions to identify whether a Catholic systemic
school is to be funded according to year 2004 funding maintenance arrangements.
The method for calculating the amount of general recurrent funding is provided
at Subdivision E.
Subdivision E applies to a school if the school was on
31 December 2004, in an approved Catholic school system for the purposes of the
former Act, and:
• the school is not a special school for that program
year; and
• the school’s SES score has not been determined as a
result of requesting a review (paragraph 53(1)(d)); and
• the
school’s SES score has not been determined because of circumstances stated
at paragraph 64(1)(a) relating to amalgamations, new schools,
separations, or existing schools not already on the list; and
• the
school’s SES score has not been determined under subclause 132 as a
result of making a false or misleading statement; and
• the
school’s year 2004 funding level exceeds the school’s current SES
funding level.
Clause 76 – Application of Subdivision F
– guaranteed year 2004 SES funding
Provides instructions to
identify whether a school on an SES funding level under the former Act is to be
funded according to guaranteed year 2004 SES funding. The method for
calculating the amount of general recurrent funding is provided at Subdivision
F.
Subdivision F applies to a school in a particular program year and in
relation to a particular level of education provided at the school if the school
had, on 31 December 2004, an SES funding level for the purposes of the former
Act, and:
• the school is not a special school for that program
year; and
• the school’s SES score has not been determined as a
result of requesting a review (paragraph 53(1)(d)); and
• the
school’s SES score has not been determined because of circumstances stated
at paragraph 64(1)(a) relating to amalgamations, new schools,
separations, or existing schools not already on the list; and
• the
school’s SES score has not been determined under subclause 132 as a
result of making a false or misleading statement; and
• if the
school’s current SES funding level amount for that level of education has
not equaled or exceeded the school’s year 2004 SES funding level amount
for that level of education (refer to the table in the Bill to work this
out).
Subdivision F applies to the school whether or not the school is in
an approved school system.
Clause 77 – Application of
Subdivision G – special schools
Subdivision G applies to a
special school whether or not the school is in an approved school system. The
method for calculating the amount of general recurrent funding is provided at
Subdivision G.
Special school is defined at clause
4.
Subdivision C – Current SES
funding
Clause 78 – Authorising payments for non-systemic
schools
Empowers the Minister to authorise payments to a State for
recurrent expenditure for a non-systemic school that is funded according to
current SES funding.
The amount of recurrent expenditure for a program
year is worked out for the school by adding up the following:
• if this
Subdivision applies to the school in relation to primary education - the amount
worked out under clause 80 for the school’s primary students (if
any) for the program year; and
• the amount worked out under clause
97 for the school’s primary distance education students (if any) for
the program year.
• if this Subdivision applies to the school in
relation to secondary education – the amount worked out under clause
81 for the school’s secondary students (if any) for the program year;
and
• the amount worked out under clause 98 for the
school’s secondary distance education students (if any) for that program
year.
Clause 79 – Authorising payments for approved school
systems
Empowers the Minister to authorise payments to a State for
recurrent expenditure for an approved school system that includes a school that
is funded according to current SES funding.
The amount of recurrent
expenditure for a program year is worked out for the approved school system for
each such school by adding up the following:
• if this Subdivision
applies to the school in relation to primary education - the amount worked out
under clause 80 for the school’s primary students (if any) for the
program year; and
• the amount worked out under clause 97 for
the school’s primary distance education students (if any) for the program
year.
• if this Subdivision applies to the school in relation to
secondary education – the amount worked out under clause 81 for the
school’s secondary students (if any) for the program year;
and
• the amount worked out under clause 98 for the
school’s secondary distance education students (if any) for that program
year.
Clause 80 – Primary student amount
Provides
a formula for calculating funding for a school’s primary students for the
program year where a school has a current SES funding
level.
Clause 81 – Secondary student
amount
Provides a formula for calculating funding for a
school’s secondary students for a program year where a school has a
current SES funding level.
Subdivision D – Maintained year
2000 funding
Clause 82 – Authorising payments for
non-systemic schools
Empowers the Minister to
authorise payments to a State for recurrent expenditure for a non-systemic
school that is funded according to maintained year 2000 funding.
The
amount of recurrent expenditure for a program year is worked out for the school
by adding up:
• the amount worked out under clause 84 for the
school’s primary students (if any) for the program year; and
• if
this Subdivision applies to the school in relation to secondary education
– the amount worked out under clause 85 for the school’s
secondary students (if any) for the program year; and
• the amount
worked out under clause 97 for the school’s primary distance
education students (if any) for the program year; and
• the amount
worked out under clause 98 for the school’s secondary distance
education students (if any) for that program year.
Clause 83
– Authorising payments for approved school systems
Empowers the
Minister to authorise payments to a State for recurrent expenditure for an
approved school system that includes a school that is funded according to
maintained year 2000 funding.
The amount of recurrent expenditure for a
program year is worked out for the approved school system for each such school
by adding up:
• the amount worked out under clause 84 for the
school’s primary students (if any) for the program year; and
• if
this Subdivision applies to the school in relation to secondary education
– the amount worked out under clause 85 for the school’s
secondary students (if any) for the program year; and
• the amount
worked out under clause 97 for the school’s primary distance
education students (if any) for the program year; and
• the amount
worked out under clause 98 for the school’s secondary distance
education students (if any) for that program year.
Clause 84
– Primary student amount
Provides a formula for calculating
funding for a school’s primary students for the program year where a
school is funded according to maintained year 2000 funding.
Clause
85 – Secondary student amount
Provides a formula for
calculating funding for a school’s secondary students for a program year
where a school is funded according to maintained year 2000
funding.
Subdivision E – Maintained Catholic school
funding
Clause 86 – Authorising payments for approved
Catholic school systems
Empowers the Minister to authorise payments
to a State for recurrent expenditure for an approved Catholic school system in a
State for a program year if the system includes a school that is funded
according to maintained year 2004 funding at clause 75.
The amount
of recurrent expenditure for a program year is worked out for the approved
school system for each such school by adding up:
• the amount worked
out under clause 87 for the school’s primary students (if any) for
the program year; and
• if this Subdivision applies to the school in
relation to secondary education – the amount worked out under clause
88 for the school’s secondary students (if any) for the program year;
and
• the amount worked out under clause 97 for the
school’s primary distance education students (if any) for the program
year; and
• the amount worked out under clause 98 for the
school’s secondary distance education students (if any) for that program
year.
Clause 87 – Primary student amount
Provides
a formula for calculating funding for a school’s primary students for the
program year where a school is funded according to maintained year 2004
funding.
Clause 88 – Secondary student
amount
Provides a formula for calculating funding for a
school’s secondary students for a program year where a school is funded
according to maintained year 2004 funding.
Subdivision F –
Guaranteed year 2004 SES funding
Clause 89 – Authorising
payments for non-systemic schools
Empowers the Minister to authorise
payments to a State for recurrent expenditure for a non-systemic school that is
funded according to guaranteed year 2004 SES funding.
The amount of
recurrent expenditure for a program year is worked out for the school by adding
up the following:
• if this Subdivision applies to the school in
relation to primary education - the amount worked out under clause 91 for
the school’s primary students (if any) for the program year;
and
• the amount worked out under clause 97 for the
school’s primary distance education students (if any) for the program
year.
• if this Subdivision applies to the school in relation to
secondary education – the amount worked out under clause 92 for the
school’s secondary students (if any) for the program year;
and
• the amount worked out under clause 98 for the
school’s secondary distance education students (if any) for that program
year.
Clause 90 – Authorising payments for approved school
systems
Empowers the Minister to authorise payments to a State for
recurrent expenditure for an approved school system that includes a school that
is funded according to guaranteed year 2004 SES funding.
The amount of
recurrent expenditure for a program year is worked out for the approved school
system for each such school by adding up the following:
• if this
Subdivision applies to the school in relation to primary education - the amount
worked out under clause 91 for the school’s primary students (if
any) for the program year; and
• the amount worked out under clause
97 for the school’s primary distance education students (if any) for
the program year.
• if this Subdivision applies to the school in
relation to secondary education – the amount worked out under clause
92 for the school’s secondary students (if any) for the program year;
and
• the amount worked out under clause 98 for the
school’s secondary distance education students (if any) for that program
year.
Clause 91 – Primary student amount
Provides
a formula for calculating funding for a school’s primary students for the
program year where a school is funded according to guaranteed year 2004 SES
funding.
Clause 92 – Secondary student
amount
Provides a formula for calculating funding for a
school’s secondary students for a program year where a school is funded
according to guaranteed year 2004 SES funding.
Subdivision G
– Special schools
Clause 93 – Authorising payments for
non-systemic schools
Empowers the Minister to authorise payments to a
State for recurrent expenditure for a non-systemic school that is a special
school.
The amount of recurrent expenditure for a program year is worked
out for the school by adding up:
• the amount worked out under
clause 95 for the school’s primary students (if any) for the
program year; and
• if this Subdivision applies to the school in
relation to secondary education – the amount worked out under clause
96 for the school’s secondary students (if any) for the program year;
and
• the amount worked out under clause 97 for the
school’s primary distance education students (if any) for the program
year; and
• the amount worked out under clause 98 for the
school’s secondary distance education students (if any) for that program
year.
Clause 94 – Authorising payments for approved school
systems
Empowers the Minister to authorise payments to a State for
recurrent expenditure for an approved school system that includes a school that
is a special school.
The amount of recurrent expenditure for a program
year is worked out for the approved school system for each such school by adding
up:
• the amount worked out under clause 95 for the
school’s primary students (if any) for the program year; and
• if
this Subdivision applies to the school in relation to secondary education
– the amount worked out under clause 96 for the school’s
secondary students (if any) for the program year; and
• the amount
worked out under clause 97 for the school’s primary distance
education students (if any) for the program year; and
• the amount
worked out under clause 98 for the school’s secondary distance
education students (if any) for that program year.
Clause 95
– Primary student amount
Provides a formula for calculating
funding for a special school’s primary students for the program
year.
Clause 96 – Secondary student
amount
Provides a formula for calculating funding for a special
school’s secondary students for a program year.
Subdivision
H – Distance education amounts
Clause 97 – Primary
distance education student amount
Provides a formula for calculating
the primary distance education amount for a program year.
Clause
98 – Secondary distance education student amount
Provides a
formula for calculating the secondary distance education amount for a program
year.
Enables the Minister to authorise payments to the States for capital
expenditure to individual non-government schools or hostels or groups of schools
or hostels or block grant authorities. Payments to the States must not exceed
the sum of the amounts in column 2 and column 3 of Schedule 5 for the
respective program years.
Clause 100 – Authorisation of payment of other grants for non
government rural student hostels
Subclause
100(1) provides that the Minister may make a determination authorising
payment of financial assistance to a State for expenditure for a program year in
connection with a non-government rural student hostel (the funded hostel) in the
State.
Subclause 100(2) provides that the amount determined under
subclause 100(1) for the funded hostel and the program year must not be
more than the amount worked out using a specified formula.
Assistance
under clause 100 is in addition to the financial assistance for
non-government rural student hostels that is available under clause
99.
Empowers the Minister to 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.
The total amount of assistance for a program year cannot exceed the amount set
out in the table in Schedule 7 for the program year.
Empowers the Minister to determine an establishment grant for a State for
one or two program years for certain new non-government schools. The new
schools to which this clause applies is a new school which commences in 2005 or
later which is covered by an application for a new school proposal made under
paragraph (c) of the definition of new school proposal in
subclause 60(4).
The total amount of assistance for a program year
is calculated by multiplying the number of primary and secondary students at the
school by the school’s establishment amount applicable to
the school for the program year. The establishment amount is
defined as $500 per full-time equivalent student in the first year of the
school’s operation and $250 per full-time equivalent student in the second
year of operation.
States that the object of the Part is to help schools and school
communities to improve the educational outcomes and opportunities of students
who are educationally disadvantaged because of their geographical
isolation.
Empowers the Minister to authorise payments to States for government
schools for expenditure approved by the Minister for a program year connected
with the education of students in government schools in country areas of the
State.
This clause empowers the Minister to authorise payments to States for
non-government schools for expenditure approved by the Minister for a program
year connected with the education of students in non-government schools in
country areas of the State.
This clause prescribes that amounts authorised under this Part must not
exceed the amount set out in column 2 of the table in Part 1 of Schedule
8 for the program year.
Part 8 – Grants to foster languages
education
States that the object of the Part is to help schools and school
communities to improve the learning outcomes of students who are learning
languages other than English.
Clause 108 – Grants for
government schools etc.
Clause 110 – Grants for national projects to foster
languages education
Empowers the Minister to approve projects, and to
authorise payments, in respect of projects which foster the learning of
languages other than English. Such a project may be conducted by a State or
non-government body and may include expenditure on disseminating information
about the project.
Prescribes that the amounts authorised under this Part must not exceed
the amount set out in column 3 of the table in Part 1 of Schedule 8 for
the program year.
States that the object of the Part is to help with the provision of
intensive teaching of the English language to certain students who recently
arrived in Australia.
Empowers the Minister to authorise payments in respect of English as a
second language instruction for certain newly arrived students in government
schools. Amounts paid to a State under this clause are worked out using the
following formula:
ESL New Arrivals amount x number of eligible
new arrivals in government schools
The ESL New Arrivals amount is
provided in column 2 of the table in Part 2 of Schedule 8 for the program
year.
The definition of eligible new arrival provides a list of
requirements to be satisfied by a person for them to be eligible for assistance
under this program. One of these criteria is that the person satisfies criteria
determined by the Minister. A determination made under subparagraph (c)(v) of
the definition may take effect retrospectively but not before 1 January 2005.
This allows the Minister to respond to changes in immigration policy from the
date Cabinet makes decisions relating to changes to visa categories.
Clause 114 – Grants for teaching English as a second language in
non-government schools
Empowers the Minister to authorise payments in
respect of English as a second language instruction for certain newly arrived
students in non-government schools. Amounts paid to a State under this clause
are worked out using the following formula:
ESL New Arrivals amount x
number of eligible new arrivals in non-government schools
The ESL New
Arrivals amount is provided in column 2 of the table in Part 2 of Schedule
8 for the program year.
Division 1 – Object of Part
States that the object of the Part is to help improve the literacy,
numeracy and other learning outcomes of students who are educationally
disadvantaged (including because they are students with disabilities,
Indigenous, of a low socio-economic background, of a language background other
than English or geographically isolated) through grants for schools and grants
for national projects. It is also to help improve the educational participation
and learning outcomes of children, and students, with disabilities through
grants to non-government centres.
Division 2
– Grants for schools
Clause 116 – Grants for government schools and
centres
Empowers the Minister to authorise
payments to the States for government schools (including schools providing
special education) or government centres to improve the learning outcomes of
students who are educationally disadvantaged. Amounts to be paid to a State
under this clause are worked out using the following formula:
Strategic
Assistance Amount x number of students with disabilities
The Strategic
Assistance Amount is provided in column 2 of the table in Part 2 of Schedule
9 for the program year.
Clause 117 – Grants for
non-government schools
Empowers the Minister to authorise payments to
the States for non-government schools (including schools providing special
education) to improve the learning outcomes of students who are educationally
disadvantaged. Amounts to be paid to a State under this clause are worked out
using the following formula:
Strategic Assistance Amount x number of
students with disabilities
The Strategic Assistance Amount is provided in
column 3 of the table in Part 2 of Schedule 9 for the program
year.
Clause 118 – Grants for both government schools and
centres and non-government schools
Empowers the Minister to authorise
payments to the States for government schools (including schools providing
special education or government centres or non-government schools (including
schools providing special education)), to improve the learning outcomes of
students who are educationally disadvantaged. The amounts authorised must not
exceed the sum of the amounts in column 2 and column 3 of the table in Part 1 of
Schedule 9 for the program year.
Division 3
– Grants for non-government centres
Clause 119
– Grants for non-government centres
Empowers the Minister to
authorise payments to the States for non-government centres for expenditure
connected with special education provided at or in connection with
non-government centres in the State. The total amounts authorised under this
clause must not exceed the sum of the amounts in column 4 and column 5 of the
table in Part 1 of Schedule 9 for the program
year.
Division 4 – Grants for national
projects
Clause 120 – Grants for national
projects
Empowers the Minister to approve national projects to be
carried out in Australia which have as their object to improve the learning
outcomes of students who are educationally disadvantaged. Such a project may be
conducted by a State or non-government body and may include expenditure on
disseminating information about the project. The amounts authorised must not
exceed the amount set out in column 6 of the table in Part 1 of Schedule
9 for the program year.
AGSRC for primary education and secondary education are defined in
clause 4 to mean the AGSRC primary and secondary amounts set out in
Schedule 1 for the program year or, where those amounts are changed by a
regulation made under subclause 121(1), the new amounts.
This
clause provides for the making of regulations to replace the primary or
secondary amount of AGSRC in Schedule 1 for a program year. The clause
requires that before a regulation is made the Minister must consider changes in
the figure known as Average Government School Costs published from time to time
by the Ministerial Council on Education, Employment, Training and Youth Affairs
or a prescribed body that has a corresponding function.
This clause provides for the primary amounts set out in Schedules 2
and 4 to be changed where the primary amount of AGSRC in Schedule 1 is
replaced for a program year by regulation.
Column 2 of Schedule 2
expresses the recurrent funding entitlement for government schools as a
percentage of AGSRC and this percentage is fixed for 2005-2008. When a
regulation is made under subclause 121(1) replacing the primary AGSRC
amount set out in Schedule 1, this clause automatically changes the
primary amount for the program year in Schedule 2 to the amount that the
percentage of AGSRC for primary represents of the new AGSRC amount for that
program year.
This clause also automatically changes the primary per student amounts in the
tables in Parts 1 and 3 of Schedule 4 having regard to the percentages of
AGSRC set out in columns 2 and 1 respectively of those Parts and the new AGSRC
primary amount for the program year.
If the per student amount is an
amount of dollars and cents, the amount is rounded to the next
dollar.
This clause provides for the secondary amounts set out in Schedules 2
and 4 to be automatically changed where the secondary amount of AGSRC in
Schedule 1 is replaced for a program year by regulation. The clause has
a similar operation to that set out in clause 122.
If the per student amount is an amount of dollars and cents, the amount is
rounded to the next dollar.
Provides for the making of regulations which adjust amounts of financial
assistance in Schedules 6 and 7 and columns 2, 4 and 6 of Part 1 of
Schedule 9 to the Bill for price movements.
Subclause 124(1) prescribes that, where a number in respect of
recurrent grants is stated in the regulations, then the amounts shown in the
relevant schedules are taken to be adjusted by multiplying the recurrent number
for the program year by the recurrent amount.
Subclause 124(2)
provides that, after calculating supplementation of amounts at Schedules 7
and 8 and in column 2, 4 or 6 of Part 1 of Schedule 9, amounts are to
be rounded to the nearest $1,000 ($500 to be rounded
upwards).
Subclause 124(3) provides that, after calculating
supplementation of amounts in Part 2 of Schedule 8 and Part 2 of
Schedule 9, amounts are to be rounded to the next highest dollar.
Subclause 124(4) prescribes, that for the adjustment of recurrent
grants, the Minister must consider changes in the relevant figures known as
Average Government School Costs, which is a series published by the Ministerial
Council on Education, Employment, Training and Youth Affairs or a prescribed
body that has a corresponding function.
Clause 125 –
Recurrent grants – guarantee amounts
Provides for the making of
regulations which adjust amounts of financial assistance in columns 3 or 5 of
Part 1 of Schedule 9 to the Bill for price movements.
This clause
prescribes that regulations may specify an amount for column 3 or 5 of the table
in Part 1 of Schedule 9 for a particular program year. The Minister must
consider changes in the relevant figures known as Average Government School
Costs, which is a series published by the Ministerial Council on Education,
Employment, Training and Youth Affairs or a prescribed body that has a
corresponding function.
This clause provides for the making of regulations which adjust amounts
of financial assistance in column 2 of Schedules 3 and 5 to the Bill for
price movements.
Subclause 126(1) prescribes that, where a number in respect of capital
grants is stated in the regulations, then the amounts shown in column 2 of
Schedules 3 and 5 are taken to be adjusted by multiplying the capital number for
the program year by the capital amount.
Subclause 126(2) provides
that after calculating supplementation, amounts are to be rounded to the nearest
$1,000 ($500 to be rounded upwards).
Subclause 126(3) prescribes
that for the adjustment of capital grants, the Minister must consider changes in
an index of building prices, and an index of wage costs published by the
Australian Statistician.
Clause 127 - Other grants for non
government rural student hostels
Subclause 127(1) provides
that the regulations may provide for an amount (the specified amount) in the
table in Schedule 6 to be increased by reference to changes in an index
determined in writing by the Finance Minister for the purposes of clause
127.
Subclause 127(2) provides that, if regulations are made under
subclause 127(1), the Act has effect as if the specified amount were
replaced by that amount as increased in accordance with those
regulations.
Subclause 127(3) defines Finance Minister
for the purposes of clause 127.
Division 3
– Timing of payments etc.
Enables the Minister to provide financial assistance to a State in such
instalments and at such times during the program year as the Minister
determines. Such a determination may have general application to payment or be
specific to a State or States, a particular provision in the Bill or a
particular program year or years.
Enables the Minister to make an advance to a State on account of an
amount that is expected to become payable under this Act to the State. The
conditions that would apply to the payment apply to the
advance.
Clause 130 – Determination authorising the making
of payments may authorise Minister to determine amounts of
payments
Empowers the Minister to determine the amount of a payment
when the Minister authorises the making of a payment.
Clause 131 – Payment reductions for false or misleading
statements
Subclause 131(1) enables the Minister to reduce
amounts payable to a State or non-government body where a false or misleading
statement has been made in relation to a grant of financial assistance, and, in
reliance on that statement, there has been an overpayment. Subclause
131(2) also enables the Minister to reduce payments where a false or
misleading statement has resulted in a school or system obtaining an
inappropriate funding level. Subclause 131(3) enables the Minister to
make a determination under the clause retrospective in
effect.
Clause 132 – Change of SES score due to false or
misleading statement
Enables the Minister to vary the list of
non-government schools where the approved authority of a non-systemic school or
of an approved school system has made a statement in relation to the grant of
financial assistance for schools or other bodies involved in primary education
or secondary education which was false or misleading in a material particular.
The list of non-government schools may be varied by setting out a different SES
score for the school and a different current SES funding level of the school
relating to the SES score. The Minister may make a determination under this
clause that is retrospective in effect.
Clauses 133 and 134 – Appropriation and Authority to
borrow
These clauses are financial machinery provisions relating to
the source and appropriation of funds under the
Bill.
Division 6 – Administrative
matters
Clause 135 – Determinations, approvals etc.
by Minister
Sets out the conditions under which the Minister is to
make determinations or grant approvals for the purposes of the
Bill.
Clause 136 – Revocation or variation of determinations
or approvals by Minister
Prescribes how the Minister is to revoke or
vary a determination or approval and prescribes what the effect of a revocation
or variation may be on previous determinations and approvals. The clause also
specifies when a determination under the clause may become
effective.
Clause 137 – Delegation
Enables the
Minister to delegate powers and functions under the Bill and agreements made
pursuant to the Bill to the Secretary of the Department or an SES employee in
the Department.
Clause 138 – Report by
Minister
Requires the Minister to prepare an annual report on the
application of financial assistance provided under the Bill and to table the
report in Parliament.
Division 7 – Overseas
students
Clause 139 – Overseas
students
This clause provides that overseas students are not eligible
to attract financial assistance under the Bill. Overseas students are defined
in clause 4 to have the meaning given by subclause
67(2).
Division 8 –
Regulations
Clause 140 – Regulations
This
clause enables the Governor-General to make regulations. Regulations made for
the purposes of clauses 14, 15, 19, 31, 32 or 36 of this Bill take effect
after they are no longer liable to be disallowed.
Part
12 – Transitional provisions
Provides for this Part to have effect despite any other provision of the
Bill. However, this does not prevent a determination, approval, declaration,
list or other instrument taking effect because of this Part.
Keeps in force under the Bill, determinations made under the former Act
as to approved authorities that are in force immediately before 1 January
2005.
Clause 146 – Funding levels for existing non-systemic
schools
Non-systemic schools are to have either an SES funding level
or be funding maintained and have a year 2000 funding level. These funding
levels are defined in clause 4. The exceptions to this are special
schools which will get maximum SES funding and will not receive an SES
score.
As no school is to be disadvantaged by the transition from the
2001 to 2004 funding quadrennium to the 2005 to 2008 funding quadrennium the
following conditions apply:
(i) If the school has a year 2000 funding
level and the SES score for the school shows that it would receive a lower per
student amount then the school will continue to have its funding maintained and
will be placed in a Year 2000 funding level;
(ii) If the school has an
SES funding level and the SES score shows that the school would receive a lower
per student amount then the higher amount will be “guaranteed” until
indexation brings the lower amount equal to or higher than the
“guaranteed” per student amount;
(iii) If the school has an
SES funding level and the SES score shows that the school would receive a higher
per student amount then the school will be funded at the higher amount i.e. the
amount applicable to the SES score.
Whether a non-systemic school is
placed in an SES funding level or is funding maintained and placed in a year
2000 funding level, is to be determined under this clause.
The meaning of the expressions current SES funding level and year 2000
funding level are set out in clause 4. The current SES funding levels
are the percentages of AGSRC in column 2 of the table in each of Parts 1 and 2
of Schedule 4 that relate to the school’s SES score. The year 2000
funding levels are the percentage of AGSRC in column 1 of the table in each of
Parts 3 and 4 of Schedule 4 to the former Act that were used to determine the
amounts payable in respect of the school for the 2004 program year. In some
cases these are the per student recurrent funding amounts which were guaranteed
under the States Grants (Primary and Secondary Education Assistance) Act
1996.
Systemic schools will have either an SES funding level, be funding
maintained and have a year 2000 funding level or (in the case of schools in
Catholic systems) be funding maintained and have a year 2004 funding level.
These funding levels are defined in clause 4. The exception to this is
special schools. Special schools will be funded at the maximum SES funding
level and do not have an SES score.
As no school is to be disadvantaged
by the transition from the 2001 to 2004 funding quadrennium to the 2005 to 2008
funding quadrennium the following conditions apply:
(i) If the school has
a year 2000 funding level and the SES score for the school shows that it would
receive a lower per student amount then the school will continue to have its
funding maintained and will be placed in a Year 2000 funding level;
(ii) If the school has an SES funding level and the SES score shows
that the school would receive a lower per student amount then the higher amount
will be “guaranteed” until indexation brings the lower amount equal
to or higher than the “guaranteed” per student
amount;
(iii) If the school has an SES funding level and the SES score
shows that the school would receive a higher per student amount then the school
will be funded at the higher amount i.e. the amount applicable to the SES
score;
(iv) If the school is part of a Catholic system as at 31 December
2004, and the SES score for the school shows that the school would receive a
lower per student amount then the school will continue to be funded at the Year
2004 funding level;
(v) if the school is part of a Catholic system as at
31 December 2004, and the SES score for the school shows that the school would
attract a higher per student amount then the school will be funded at the per
student amount applicable to the SES score.
Whether a systemic school is
placed in an SES funding level or is funding maintained and placed in a year
2000 funding level or year 2004 funding level, is to be determined under this
clause. This clause applies to schools for which an SES score will be
determined. The SES funding levels of special schools will also be determined
under this clause.
The meaning of the expressions current SES funding level and year 2000
funding level are set out in clause 4. The current SES funding levels
are the percentages of AGSRC in column 2 of the table in each of Parts 1 and 2
of Schedule 4 that relate to the school’s SES score. The year 2000
funding levels are the percentage of AGSRC in column 1 of the table in each of
Parts 3 and 4 of Schedule 4 to the former Act that were used to determine the
amounts payable in respect of the school for the 2004 program year. In some
cases these are the per student recurrent funding amounts which were guaranteed
under the States Grants (Primary and Secondary Education Assistance) Act
1996.
Clause 149 – Block grant authority
Provides that
a determination under the definition of block grant authority in subsection 4(1)
of the former Act, and in force immediately before 1 January 2005, is taken to
be a determination made by the Minister for the purposes of the definition of
block grant authority under clause 4 of this Bill.
Clause
150 – Regulations
Provides that regulations made in relation to
performance targets, performance measures and performance information in the
former Act and in force immediately before 1 January 2005, continue to have
effect on and after 1 January 2005.
Clause 151 –
Guidelines
Provides that the guidelines for calculating an SES score
approved by the Minister under subsection 7(1) of the former Act and in force
immediately before 1 January 2005, continue to have effect on and after 1
January 2005 with new references substituted in accordance with a table provided
at this clause.
SCHEDULES
Schedules 1 to 9 appropriate funds for the programs legislated in
the Bill. All Schedules are in 2004 final prices.
Schedule 1 – Average Government School
Recurrent Costs (AGSRC)
This Schedule sets out the per capita
AGSRC amounts for primary and secondary schools for the years 2005 to 2008.
Schedule 2 – General recurrent grants for
government schools
This Schedule sets out the per capita
grants for government primary and secondary schools for the years 2005 to 2008.
It also includes the funding entitlement percentage of
AGSRC.
Schedule 3 – Capital grants for
government schools
This Schedule sets out the amounts of
capital grants and capital infrastructure grants for government schools for the
years 2005 to 2008. Amounts for the years 2009 to 2011 will be appropriated in
later Acts.
Schedule 4 – General recurrent
grants for non-government schools
Parts 1 and 2 of this
Schedule sets out the SES funding levels for primary and secondary education for
the years 2005 to 2008. Parts 3 and 4 of this Schedule sets out the year 2000
funding for primary and secondary education for the years 2005 to
2008.
Schedule 5 – Capital grants for
non-government schools
This Schedule sets out the amounts of
capital grants and capital infrastructure grants for non-government schools for
the years 2005 to 2008. Amounts for the years 2009 to 2011 will be appropriated
in later Acts.
Schedule 6 – Other grants
for non-government rural student hostels
This Schedule sets
out the per capita grant amount for students resident at non-government rural
student hostels for the years 2005 to
2008.
Schedule 7 – Grants of short term
emergency assistance for non-government schools
This Schedule
sets out the total amount available for non-government schools in need of short
term emergency assistance for the years 2005 to
2008.
Schedule 8 – Grants for targeted
assistance
This Schedule is split into two parts. Part 1 sets
out grants for education in country areas, and grants to foster languages
education for the years 2005 to 2008. Part 2 sets out the per capita grant
amount for ESL new arrivals for the years 2005 to
2008.
Schedule 9 – Grants for literacy,
numeracy and special learning needs
This Schedule is split
into two parts. Part 1 sets out grants for schools, grants for national
projects and grants for non-government centres for the years 2005 to 2008. Part
2 sets out the per capita grant amount for strategic assistance for the years
2005 to 2008.