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1996
THE PARLIAMENT OF THE COMMONWEALTH OF
AUSTRALIA
THE HOUSE OF REPRESENTATIVES
STATES GRANTS (PRIMARY AND SECONDARY EDUCATION
ASSISTANCE) BILL 1996
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Schools,
Vocational Education and Training,
the Honourable David Kemp MP)
78868 Cat. No. 96 5108 X ISBN 0644 477601
STATES GRANTS (PRIMARY AND SECONDARY
EDUCATION
ASSISTANCE) BILL 1996
OUTLINE
The purpose of the Bill is to implement the Government’s commitment
to maintain stability in Commonwealth funding for primary and secondary
education in Australia for the 1997 to 2000 quadrennium.
The Bill
implements a number of decisions made in the 1996-97 Budget:
first, to
reduce the number of programs of targeted assistance from over 40 to 5 priority
areas, namely, the Literacy program, the Languages program, the Special Learning
Needs program (all of which are included in the Bill) and the School to Work
program and the Quality Outcomes program (which are covered by other
legislation);
secondly, to enable the Minister to transfer funds between
certain groups of similar programs as priorities emerge - this is referred to as
‘broadbanding’;
thirdly, to institute a more equitable new
schools policy which will mean that non-government schools will qualify for
Commonwealth funding if they have State or Territory recognition and meet other
simple eligibility requirements; and
fourthly, to permit the adjustment
of general recurrent grants to the States and Territories to take account of
savings to the States and Territories arising from changes in the proportions of
enrolments between government and non-government schools.
The Bill also
provides for an increase of $45 million over three years for the broadbanded
Literacy program.
Provisions covering the National Asian Languages and
Studies in Australian Schools Strategy, which was previously funded under the
Appropriation Acts, have been included in this Bill as it forms an integral part
of the Languages program. The Projects of National Significance program, which
was included in the States Grants (Primary and Secondary Education
Assistance) Act 1992, is to be included in the Appropriation Bills under the
Quality Outcomes program.
The Bill has a simpler structure than the
States Grants (Primary and Secondary Education Assistance) Act 1992. For
example, it consolidates a number of standard provisions. The Bill also
includes provisions covering financial and educational accountability.
As before, the legislative base for the schools program will be
under-pinned by agreements with the States and Territories as well as
non-government school authorities. Administrative details will be in the
publication ‘Commonwealth Programs for Schools - Administrative
Guidelines - 1997 to 2000’ booklet.
FINANCIAL IMPACT
The Bill provides for an appropriation of some $12.5 billion in current
prices for recurrent funding and $1.2 billion in current prices for capital
funding. In total, the Bill appropriates $13.7 billion in current prices for
the entire quadrennium. In accordance with the Government’s policy, these
amounts will be adjusted for price movements.
As a general rule, the
Schedules to the Bill set out grants for the 1997 to 2000 quadrennium.
In the case of some per capita programs, the amounts are shown in the provisions
concerned.
The Bill provides for the abolition of the former
Government’s new schools policy. The revised arrangements included in the
Bill simplify funding eligibility and give parents a meaningful choice in the
education of their children. The expected cost to the Commonwealth is some $140
million over the quadrennium.
Included in the Bill are a number of
provisions which allow for the broadbanding of funds under certain programs.
This will allow the Minister, and in some cases the States or non-government
school authorities, to transfer funds between component parts of a program as
priorities emerge.
In addition to the funds proposed for appropriation
under this Bill for the Commonwealth’s schools program, a further $35.7
million will be included in other legislation for 1996-97.
Included in
the Bill are provisions which allow for adjustments to payments in respect of
government schools for any change in the proportion of students attending
government schools in a State compared with the 1996 base year. This provision
is intended to give the Commonwealth an equitable share in the reduced cost to
State and Territory governments resulting from any shift in student enrolments
to non-government schools after 1996. The Commonwealth’s share of the
savings is expected to be about $120 million over the
quadrennium.
NOTES ON CLAUSES
PART 1 - PRELIMINARY
Clause 1 - Short title
This clause identifies the
legislation as the States Grants (Primary and Secondary Education Assistance)
Act 1996.
Clause 2 - Commencement
This clause provides
that the Bill will commence on 1 January 1997.
Clause 3 -
Dictionary
This clause refers to Schedule 9 of the Bill where a
number of expressions used in its clauses are defined. In general, where
expressions are the same as those in the previous legislation they have the same
meaning.
Clause 4 - Levels of education
This clause
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 5 - Nominated
authority
This clause 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 6 - Overseas
students
This clause provides that overseas students are not eligible
to attract financial assistance under the Bill. They are also to be disregarded
for the purposes of Part 4.
Clause 7 - Determinations, approvals etc.
by Minister
This clause sets out the conditions under which the
Minister is to make determinations or grant approvals for the purposes of the
Bill.
Clause 8 - Revocation or variation of determinations or
approvals by Minister
This clause 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.
PART 2 - GENERAL PROVISIONS RELATING TO GRANTS
Division 1 - Grants for government schools
Clause 9 - Agreement relating to conditions of financial
assistance
This clause 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 spend 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.
Clause 10 - General conditions of financial
assistance
This clause prescribes that grants under the Bill are to
be subject to the conditions set out in an agreement under clause 9 and the
specific conditions set out under clauses 11, 12, 13 and 14.
Clause 11
- Specific conditions: financial accountability
This clause
prescribes that States will give the Minister 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.
Clause 12 - Specific conditions: educational
accountability
Clause 12 prescribes that, by a date determined by the
Minister, a State will take part in preparing reports on the outcomes of
schooling, provide reports on matters agreed between the State and Federal
Ministers and take part in evaluations of the outcomes of programs funded under
the Bill.
Clause 13 - Specific condition: non-fulfilment of
conditions
Clause 13 prescribes that, where a State has not fulfilled
a condition in clause 10, 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.
Clause
14 - Specific condition: overpayment of financial assistance
Clause
14 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.
Division 2 - Grants for non-government bodies
Clause 15 - Minister not to authorise payment to a State for a
non-government body in certain circumstances
This clause 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 with clause 16 of the Bill.
The
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.
Clause 16 - Provisions to be
included in agreements with approved or nominated authorities
This
clause provides that an agreement made under clause 15 must contain the
following provisions:
first, that amounts received (received
amounts) 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;
secondly, that a person authorised by the
Minister is to be given access to, and permitted to make copies of, accounts and
records relating to information the authority is required to give to the
Minister under the agreement;
thirdly, that the authority is to give to
the Minister, after the end of the program year, a certificate by a qualified
accountant that the received amounts were spent for the purposes set out
in the agreement;
fourthly, that, by a date determined by the Minister,
the authority will take part in preparing reports on the outcomes of schooling,
provide reports in relation to programs funded under the Bill and take part in
evaluations of the outcomes under these programs;
fifthly, that, where an
authority does not fulfil a condition in an 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; and
finally, 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.
The final subclause in clause 16
provides that an agreement made under clause 15 may contain a requirement
that, where an amount of more than $50,000 is provided for a capital project and
the asset purchased is sold within a period of 20 years, the authority
responsible is to repay an amount determined by the Minister. Where the
authority does not make the repayment then the Minister may reduce an amount due
to the authority under the Bill.
Clause 17 - General conditions of
financial assistance
This clause 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.
Clause 18 -
Specific condition: non-fulfilment of conditions
This clause
prescribes that, if a State does not fulfil a condition under clause 17 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.
Division 3 - Miscellaneous
Clause 19 - Powers of Minister if amounts of grants become
repayable
This clause 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 other
States.
Clause 20: Powers of Minister if amounts payable by relevant
authorities
This clause 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 other
non-government bodies within the State or other States.
Clause
21: Determinations requiring repayments
This clause prescribes that
the Minister should take into account all relevant matters before making a
determination under clauses 11, 13, 14, 16 or 18.
Clause 22 -
Determination authorising the making of payments may authorise Minister to
determine amount of payments
This clause empowers the Minister to
determine the amount of a payment when he authorises the making of a
payment.
PART 3 - LISTS OF NON-GOVERNMENT SCHOOLS AND APPROVED
SCHOOL SYSTEMS
Clause 23 - Funding of non-government schools
This clause
provides that a non-government school is not eligible for financial assistance
unless it appears on a list of schools.
Clause 24 - List of
non-government schools
This clause prescribes that the Minister must
keep a list of non-government schools. The clause also prescribes that the
Minister must have the list of schools published in the Gazette,
including the funding level of each non-government school which is not
included in an approved school system.
Clause 25 - Variation of list
of non-government schools
Clause 25 empowers the Minister to vary the
list, by determination, having regard to various factors including changes in
the level of need, or whether the school is recognised by the State 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 relevant
authority.
Clause 26 - List of approved school systems
This
clause prescribes that the Minister must keep a list of approved school systems
and prescribes that the Minister must have the list published in the
Gazette. The list is to include the funding level of each school
system.
Clause 27 - Variation of list of approved school
systems
This clause empowers the Minister to vary the list, by
determination, to include new systems that have been approved and show their
funding level. The list may also be varied to take account of changes in need
beyond the control of a system or of schools joining the system. The Minister
may also correct errors in the list. Where changes are made to the list the
Minister must advise the relevant authority.
PART 4 - VARIATIONS OF LISTS TO TAKE ACCOUNT OF PROPOSALS FOR CHANGES IN RELATION TO NON-GOVERNMENT SCHOOLS
Division 1 - Change of approved authority
Clause 28 - Application of Division
This Division applies
to a proposal to change the approved authority of a non-systemic school or a
non-government school system. It does not apply to changes resulting from
schools seeking to join or leave systems - see Division 2.
Clause 29
- How to obtain Ministerial approval to proposal
This clause
prescribes that an approved authority of a non-systemic school or of a system
may apply in writing, giving details of the proposal for a new body to assume
responsibility for the school or system and indicating if the new body is
prepared to fulfil the obligations, if any, of the existing
authority.
Clause 30 - Decision by the Minister
Clause 30
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, has made an agreement with the
Commonwealth and is prepared to fulfil the obligations, if any, of the existing
authority. The school or schools for which the body is responsible must be
non-profit making.
Clause 31 - Variation of lists
This
clause states that the Minister, if he approves a proposal, must also determine
the approved authority and vary the list of schools or approved school systems.
Division 2 - Change in systemic status
Clause 32 - Application of Division
This Division applies
to schools which propose to change from systemic to non-systemic school status
or vice versa.
Clause 33 - Proposal for a non-systemic school to
become a member of an approved school system
This clause provides
that, where a non-systemic school seeks to join a system, the application must
conform with the requirements listed in subclause 33(2).
The clause
empowers the Minister to approve or refuse an application. He must not,
however, approve an application unless the authority has made a revised
agreement to operate from the date on which the proposal is intended to take
effect and has agreed to meet any outstanding obligations under the previous
agreement.
Clause 34 - Proposal for a school to cease to be a member of an
approved school system
This clause prescribes that the body
responsible for the school, or the approved authority for the school system, may
apply for approval of a proposal in respect of a school seeking Commonwealth
funding as a non-systemic school. The application must conform with the
requirements listed in subclause 34(2).
The clause empowers the Minister
to approve or refuse an application. He must not, however, approve an
application unless the approved authority of the system has agreed to the
separation of the school from the system, the school will not be profit-making
and the responsible body has made an agreement to operate from the date on which
the proposal is to take effect. In addition, the responsible body must agree to
meet any outstanding obligations under the previous agreement between the
approved authority for the non-government school system and the Commonwealth in
respect of the school.
Clause 35 - Variation of lists
Where
the Minister approves an application under clause 34, this clause prescribes
that he must determine which body will be the approved authority for the school
and vary the list of non-government schools or systems or both.
Division 3 - Changes in relation to provision of education
Clause 36 - Definitions
This clause defines two
phrases:
(a) a location proposal which means a proposal to provide
a new level of education at an existing or new location, or provide the same
level of education at a new location;
(b) a new school proposal
which means a proposal for an amalgamation of a systemic school or a
non-systemic school with any other school or the separation of a non-government
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 Commonwealth
funding.
Clause 37 - How application to vary list is to be
made
The clause provides that a non-government school or school
system may apply for the list to be varied in respect of a proposal under clause
36. It prescribes how a proposal is to be prepared and what it should contain
as well as the earliest program year in respect of which the application may be
made.
Clause 38 - Decision by Minister
This clause provides
that the Minister may approve or refuse a proposal. Where he approves an
application under clause 37, this clause prescribes that he must determine the
body that will be the approved authority of the school.
Clause 39 -
Prerequisites for variation of list
This clause prescribes that five
requirements must be met before the Minister may vary the list in respect of a
proposal:
first, that the school which is the subject of a location or
new school proposal must have begun to provide education;
secondly, that
the school must have State recognition for the location or new school
proposal;
thirdly, if a new school is being proposed, that it must not be
conducted for profit;
fourthly, if a new school is being proposed, that
the approved authority is a body corporate; and
fifthly, that all of the
previous requirements must be satisfied before the schools census day in the
year from which the proposal takes effect.
Clause 40 - Where
application relates to previous program year
This clause prescribes
that the Minister may only vary the list retrospectively if he is satisfied that
there are exceptional circumstances justifying such a variation.
Division 4 - Miscellaneous
Clause 41 - Variation to include funding level in certain
circumstances
This clause requires the Minister to determine a
funding level and include that funding level in the list in respect of approvals
he has given to proposals:
(a) for the amalgamation of a systemic or
non-systemic school with another school;
(b) for the separation of a
non-government school into two or more schools;
(c) for a new
school;
(d) for a school that exists but is not receiving Commonwealth
funding; or
(e) for a systemic school that is no longer included in an
approved school system.
Clause 42 - Minister to give notice to
authority of determination
This clause requires the Minister to give
notice of a decision under this Part to the relevant approved
authority.
Clause 43 - Determination may be given retrospective
effect
Subject to clause 40, this clause empowers the Minister to
give a determination retrospective effect but not to a date earlier than the
commencing day of the Act.
PART 5 - GRANTS IN CONNECTION WITH EDUCATION AT GOVERNMENT SCHOOLS
Clause 44 - Grants for general recurrent expenditure
This
clause empowers the Minister to make recurrent grants to the States which, in
total, are not greater than the sum of amounts calculated by multiplying the
number of primary and the number of secondary students by the respective per
capita amounts in parts 1 and 2 of Schedule 2.
Clause 45 - Approval of
capital grants
This clause empowers the Minister to approve
individual capital projects and/or the total amount for capital projects for a
State for a program year.
The Minister is not to vary amounts he has
determined in respect of capital projects if the variation would result in the
total amount for a State for a program year being exceeded.
Clause 46
- Authorisation of payments of capital grants
This clause enables the
Minister to authorise payments to the States which, in total, do not exceed the
amounts in column 2 of Schedule 2 for the respective program years.
PART 6 - GRANTS FOR NON-GOVERNMENT SCHOOLS AND NON-GOVERNMENT RURAL STUDENT HOSTELS
Division 1 - Grants for general recurrent expenditure
Clause 47 - Authorising of payments
This clause empowers
the Minister to make recurrent grants to the States in respect of systemic and
non-systemic non-government schools which, in total, must not be greater than
the sum of the amounts calculated by multiplying the number of primary and
secondary students in the relevant school or system by the respective per capita
amount set out in Schedule 3. The per capita grants, which reflect the need of
the school or system, are calculated by reference to a school’s or a
system’s resources and a national standard resource level.
The
clause also preserves the dollar value of per capita grants to non-government
schools or systems that have been re-categorised to a lower funding level.
Under this arrangement, a school or system will receive the greater of the
‘previous guaranteed amount’ or the amount that currently applies at
the lower funding level.
Division 2 - Grants for capital projects
Clause 48 - Approval of capital grants
Clause 48 empowers
the Minister to approve capital grants to individual non-government schools or
hostels or groups of schools or hostels. The Minister may also approve the
total amount of capital grants to block grant authorities which may then
allocate the grants to projects of constituent schools.
The Minister is
not to vary amounts he has determined in respect of capital grants to block
grant authorities if the variation would result in the total amount for a State
for a program year being exceeded.
Clause 49 - Authorisation of
payments of capital grants
This clause empowers the Minister to
authorise payments to the States within the total amounts set out in Schedule 4
for the program year.
Division 3 - Grants for short-term emergency assistance
Clause 50 - Grants of short-term emergency assistance
This
clause provides for grants to the States for non-government schools in special
need of short-term emergency assistance.
PART 7 - GRANTS TO FOSTER LITERACY
Clause 51 - Object of Part
This clause states that the
object of the Literacy program is to help students, particularly those who are
most educationally disadvantaged, to acquire a level of proficiency in literacy
and numeracy and related skills which will enable them to pursue further
education or employment.
Clause 52 - Grants in respect of government
schools
Under this clause the Minister is empowered to authorise
payments to the States for government schools to foster the development of
literacy and numeracy skills. The amounts authorised must not exceed in total
the relevant amounts in Schedule 6.
Clause 53 - Grants in respect of
non-government schools
Under this clause the Minister is empowered to
authorise payments to the States for non-government schools to foster the
development of literacy and numeracy skills. The amounts authorised must not
exceed in total the relevant amounts in Schedule 6.
Clause 54 - Grants
for national projects to foster literacy or numeracy in schools
This
clause empowers the Minister to approve national projects to be carried out in
Australia which have as their object the development of literacy and numeracy
skills. Such a project may be conducted by a State or non-government body and
may include expenditure on disseminating information about the project.
PART 8 - GRANTS TO EXPAND OPPORTUNITIES TO LEARN CERTAIN LANGUAGES
Clause 55 - Object of Part
This clause prescribes that the
object of the Languages program is to expand opportunities for students to learn
Asian, priority and community languages and to take part in Asian
studies.
Clause 56 - Grants to foster the learning of Asian Languages,
and foster Asian Studies, in government schools
This clause empowers
the Minister to authorise payments in respect of activities carried out in
connection with government schools in a State to foster Asian languages and
studies. A determination made under this clause is subject to clause
66.
Clause 57 - Grants to foster the learning of Asian Languages, and
foster Asian Studies, in non-government schools
This clause empowers
the Minister to authorise payments in respect of activities carried out in
connection with non-government schools in a State to foster Asian languages and
studies. A determination made under this clause is subject to clause
66.
Clause 58 - Grants for national projects to foster the learning of
Asian Languages and to foster Asian Studies
This clause empowers the
Minister to approve projects, and to authorise payments, in respect of national
projects which foster the learning of Asian languages and to foster Asian
studies. Such a project may be conducted by a State or non-government body and
may include expenditure on disseminating information about the project. A
determination made under this clause is subject to clause 66.
Clause
59 - Grants for government schools and certain other bodies in respect of the
teaching of community languages
This clause empowers the Minister, in
conformity with clause 55, to authorise payments in respect of the teaching of
community languages in government schools or by other bodies. A determination
made under this clause is subject to clause 66.
Clause 60 - Grants for
non-government schools in respect of the teaching of community
languages
This clause empowers the Minister, in conformity with
clause 55, to authorise payments in respect of the teaching of community
languages in a non-government school or schools or approved school system. A
determination made under this clause is subject to clause 66.
Clause
61 - Priority languages
This clause requires the Minister to make and
keep a list of priority languages and to advise State Ministers accordingly if
he varies this list.
Clause 62 - Grants for government schools and
educational institutions in respect of the teaching of priority
languages
This clause empowers the Minister to authorise payments to
government schools and educational institutions for priority languages. A
determination made under this clause is subject to clause 66.
Clause
63 - Grants for non-government schools in respect of the teaching of priority
languages
This clause empowers the Minister to authorise payments to
non-government schools, school systems and aggregations of non-government
schools for priority languages. A determination made under this clause is
subject to clause 66.
Clause 64 - Broadbanding of certain financial
assistance paid to government schools under this Part
This clause
empowers a State to broadband grants it has received under clauses 59 or 62 of
the Bill, ie those grants directed at the expansion of opportunities to learn
community and priority languages. This provision enables States to direct funds
to those areas of language instruction they regard as being of highest
priority.
Clause 65 - Broadbanding of certain financial assistance
paid to non-government schools under this Part
This clause empowers
an approved or nominated authority to broadband grants it has received under
clauses 60 or 63 of the Bill, ie those grants directed at the expansion of
opportunities to learn community and priority languages. This provision enables
authorities to direct funds to those areas of language instruction they regard
as being of highest priority.
Clause 66 - Ceiling for grants for
priority languages
This clause prescribes that the sum of amounts
paid under this Part must not be greater than the amounts prescribed in Schedule
7.
PART 9 - GRANTS TO MEET SPECIAL LEARNING NEEDS
Clause 67 - Object of Part
The object of this Part is to
improve the education of certain groups of children and students being children
and students with disabilities, newly arrived students from non-English speaking
backgrounds and students educationally disadvantaged because of geographic
isolation.
Clause 68 - Grants for recurrent expenditure in connection
with special education at government schools or centres
This clause
empowers the Minister to authorise payments for recurrent expenditure in
connection with special education in government schools and centres for children
with disabilities. It also allows payments to be spent on integration
activities and minor capital works. The amounts authorised must not exceed in
total the relevant amounts in Schedule 8.
Clause 69 - Grants for
expenditure in connection with special education at non-government
schools
This clause empowers the Minister to authorise payments for
recurrent expenditure in connection with special education in non-government
schools for children with disabilities. It also allows payments to be spent on
capital works.
The Minister is required to approve a capital project
valued in excess of $30,000. Where he does so, he must also state the total
amount to be spent on the project and the name of the school.
The
amounts authorised must not exceed in total the relevant amounts in Schedule
8.
Clause 70 - Grants for students with disabilities attending
government schools
This clause enables the Minister to make per
capita payments in respect of students with disabilities at the government
primary school or secondary school rates prescribed in
subclause 70(1).
Clause 71 - Grants for students with
disabilities attending non-government schools
This clause enables the
Minister to make per capita payments in respect of students with disabilities at
non-government schools. The per capita rate in respect of students in
non-government schools which are not currently funded at category 12 rates
is the difference between the respective primary and secondary school category
12 rate and the actual rate at which the school is funded.
Clause 72 -
Grants for expenditure in connection with special education at non-government
centres
This clause empowers the Minister to authorise payments to
the States for non-government centres for recurrent expenditure in connection
with special education and integration activities, minor capital works in
connection with integration activities and capital works.
The Minister
is required to approve all capital works. Where he does so, he must also state
the total amount to be spent on the project and the name of the
school.
The amounts authorised must not exceed in total the relevant
amounts in Schedule 8.
Clause 73 - Grants for recurrent expenditure on
education in English as a second language for eligible new arrivals in
government schools
Clause 73 empowers the Minister to authorise
payments in respect of English as a Second Language instruction for certain
newly arrived students in government schools. The assistance given is in the
form of a per capita grant prescribed in subclause 73(2).
Clause 74 -
Grants for recurrent expenditure on education in English as a second language
for eligible new arrivals in non-government schools
This clause
empowers the Minister to authorise payments in respect of English as a Second
Language instruction for certain newly arrived students in non-government
schools. The assistance given is in the form of a per capita grant prescribed
in subclause 74(2).
Clause 75 - Grants for education provided in
government schools in country areas
This clause empowers the Minister
to authorise payments for recurrent expenditure and minor capital works in
connection with the education of students in government schools in country
areas. The amounts available are contained in column 5 Schedule
8.
Clause 76 - Grants for education provided in non-government schools
in country areas
This clause empowers the Minister to authorise
payments for recurrent expenditure and minor capital works in connection with
the education of students in non-government schools in country areas. The
amounts available are contained in column 6 of Schedule 8.
PART 10 - GRANTS FOR NATIONAL PROJECTS
Clause 77 - Minister may approve grants for national
projects
This clause empowers the Minister to approve grants for
national projects connected with literacy, community languages, priority
languages, special education and the provision of education in country areas in
government and non-government schools. Expenditure on national projects, which
is limited to a maximum of 10% of the amount available for the program year
under each of the clauses listed in subclause 77(1), is taken to be an amount
paid to a State for the particular purpose set out in the related
clause.
PART 11 - MISCELLANEOUS
Clause 78 - Cost supplementation
This clause provides for
the making of regulations which adjust amounts of financial assistance in the
Schedules to the Bill for price movements.
Subclause 78(1) prescribes
that, for the adjustment of recurrent grants, the regulations may state a number
based on movements in Average Government School Costs, which is a series
published by the Ministerial Council on Education, Employment, Training and
Youth Affairs. The subclause also states that the regulations may prescribe a
number, based on movements in the Building Price Index published by the
Australian Statistician, for the adjustment of capital grants.
Subclause
78(2) prescribes that, where a number in respect of recurrent grants is stated
in the regulations, then per capita amounts for recurrent grants shown in the
Schedules immediately before the regulations came into force are taken to be
adjusted by multiplying the stated recurrent number by the stated
recurrent amount. For the per capita amounts appearing in subclause 70(1)
(grants to students with disabilities attending government schools), subclause
73(2) (grants for education in English as a second language for eligible new
arrivals in government schools) and subclause 74(2) (grants for education in
English as a second language for eligible new arrivals in non-government
schools), the respective amounts are also adjusted by multiplying the stated
recurrent number by the stated recurrent amount.
Subclause
78(3) prescribes that, where a number in respect of capital grants is stated in
the regulations, then amounts of capital grants appearing in the Schedules
immediately before the regulations came into force are taken to be adjusted by
multiplying the stated capital number by the stated capital
amount.
Subclause 78(4) states that the parts of the amounts in
column 3 of Schedule 8 approved for capital expenditure are to be regarded as
capital grants for the purposes of clause 78. The remaining amounts are to be
regarded as recurrent amounts and adjusted accordingly.
Subclause 78(5)
prescribes that the amount in column 4 of Schedule 8 is to bee treated as having
a recurrent and capital component for the purposes of clause 78. The recurrent
amount is the difference between the total amount and the amount spent on
capital purposes.
Subclause 78(6) prescribes that Amounts in Schedules 2
and 4 are to be regarded as capital grants for the purposes of clause 78.
Amounts in Schedules 1, 3, 5, 6 and 7, and in columns 2, 5 and 6 of Schedule 8
are to be regarded as recurrent amounts and adjusted
accordingly.
Subclause 78(7) provides, with the exception of those
Schedules and columns referred to in subclause 78(7), that, after calculating
supplementation, amounts are to be rounded to the nearest $1,000 ($500 to be
rounded upwards).
Subclause 78(8) provides that, after calculating
supplementation of amounts in Schedule 1 or 3 or in the formula in subsection
70(1), subsection 73(2) or subsection 74(2), amounts are to be rounded to the
next highest dollar.
Clause 79- Variation of Schedule
8
This clause empowers the Minister to vary the allocation of amounts
between the several components of the Special Learning Needs program in Schedule
8. The Minister must not vary amounts in columns 2, 3 and 4 of Schedule 8 if
the total of the amounts as varied would exceed the total of those amounts as
shown in Schedule 8.
Clause 80 - Minister may fix amounts, and times
of payment, of financial assistance
This clause 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 payments or be specific to a State or States, a
particular provision in the Bill or a particular program year or
years.
Clause 81 - Reductions for false or misleading
statements
Subclause 81(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 81(2) also enables
the Minister to reduce payments where a false or misleading statement has
resulted in a school or system being placed in an inappropriate funding
category.
Subclause 81(3) enables the Minister to make a determination
under the clause retrospective in effect.
Clause 82 - Amounts payable
by the States to the Commonwealth
Clause 83 -
Advances
Clause 84 - Payments to be made out of Consolidated Revenue
Fund or Loan Fund
Clause 85 - Authority to borrow
Clause 86
- Application of money borrowed
Clause 87 - Reimbursement of
Consolidated Revenue Fund from Loan Fund
Clause 88 -
Appropriation
These clauses are financial machinery provisions
relating to the source, appropriation and payment of funds under the Bill and
the description of those funds in financial statements.
Clause 89 -
Delegation
This clause enables the Minister to delegate powers and
functions under the Bill and agreements made pursuant to the Bill to an officer
of the Department.
Clause 90 - Report by Minister
This
clause 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.
Clause 91 - Regulations
This clause enables
the Governor-General to make regulations.
PART 12 - TRANSITIONAL PROVISIONS
Clause 92 - Application of this part
Clause 93 - Approved
authority
Clause 94 - Block grant authority
Clause 95 -
Integration activities
Clause 96 - Minor capital
project
Clause 97 - Nominated authority
Clause 98 - Levels
of education
Clause 99 - Previous list of non-government
schools
Clause 100 - Previous list of approved school
systems
Clause 101 - New funding levels on commencing day for existing
non-government schools and approved school system
Clause 102 - List of
priority languages
Clause 103 - Review of funding levels for certain
existing non-government schools
The Bill authorises expenditure on
assistance for primary and secondary education for the 1997 to 2000 funding
period. The States Grants (Primary and Secondary Education Assistance) Act
1992, the former Act, authorised expenditure for this purpose for the 1992
to 1996 funding period. Clauses 92 to 103 ensure that the relevant
determinations, approvals and declarations in force under the former Act are
considered to be in force for the purpose of the Bill.
As part of the
transitional provisions:
• determinations made for the purposes of
the definition of ‘approved authority’, ‘block grant
authority’ and ‘levels of
education’;
• approvals given for the purposes of the
definition of ‘approved form’, ‘integration activities’
and ‘minor capital project’;
• a nomination under
‘nominated authority’; and
• a list in respect of the
‘previous list of non-government schools’, ‘previous list of
approved school systems’ and ‘list of priority
languages’;
under the former Act are preserved.
SCHEDULES
Following on from clause 88, Schedules 1 to 8 appropriate funds for the
programs legislated in the Bill.
Schedule 1 - General recurrent grants for government schools
This Schedule sets out the per capita grants for government primary and
secondary schools for the years 1997 to 2000.
Schedule 2 - Capital grants for government schools
This Schedule sets out the capital grants for government schools for the
years 1997 to 2000. Amounts for the years 2001 to 2003 will be appropriated in
later Acts.
Schedule 3 - General recurrent grants for non-government schools
This Schedule sets out the per capita grants for non-government primary
and secondary schools for the years 1997 to 2000. The grants relate to funding
categories 1 to 12 which are scaled according to need.
Schedule 4 - Capital grants for non-government schools
This Schedule sets out the capital grants for non-government schools for
the years 1997 to 2000. Amounts for the years 2001 to 2003 will be appropriated
in later Acts.
Schedule 5 - 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 1997 to
2000.
Schedule 6 - Grants under the Literacy Program
This Schedule sets out the total amounts available to foster literacy and
numeracy in government and non-government schools and amounts for national
projects for the years 1997 to 2000.
Schedule 7 - Grants under the Languages Program
This Schedule sets out the total amounts available to foster the learning
of Asian, community and priority languages under the Languages program for the
years 1997 to 2000.
Schedule 8 - Grants under the Special Learning Needs Program
This Schedule sets out the grants to support special education in
government and non-government schools and non-government centres and grants for
government and non-government schools in country areas for the years 1997 to
2000.
Schedule 9 - Dictionary
This Schedule defines terms and expressions used in the Bill