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1998-1999-2000
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
HOUSE OF REPRESENTATIVES
STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) BILL 2000
EXPLANATORY MEMORANDUM
(Circulated by authority of the Minister for Education,
Training and Youth Affairs, the Hon Dr David Kemp
MP)
ISBN: 0642 439184
States Grants (Primary and Secondary Education Assistance) Bill 2000
EXPLANATORY MEMORANDUM
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 2001 to 2004 quadrennium.
The Bill
implements a number of decisions made in the 1999-2000
Budget:
− Introduction of the new socioeconomic status (SES)-based
funding arrangements for non-government schools;
− Additional funding
and consequent changes to funding arrangements for the Short Term Emergency
Assistance program now renamed the School Transitional Emergency Assistance
program;
− Introduction of a revised structure for Commonwealth
programs for targeted assistance for schools; and
− Improved
accountability arrangements for Commonwealth schools programs.
The Bill
includes provision for the new socioeconomic status or SES based funding
arrangements. Under the new arrangements general recurrent funding will be
distributed according to need and schools serving the neediest communities will
receive the greatest financial support.
The Bill allows for the
increased funding to schools to be phased in over the quadrennium. Schools that
are funded under the SES model will have their increased funding phased in at a
rate of 25% of the increase each year, so that by 2004 schools will be fully
funded at their new level.
The Bill guarantees financial security for all
non-government schools. No non-government school will be financially
disadvantaged by the move to the new SES funding system. Schools that would
otherwise have their funding reduced under the new arrangements will have their
year 2000 per capita entitlements maintained, with the year 2000 dollar rates
adjusted annually in line with the latest Average Government School Recurrent
Cost (AGSRC) figures.
Approved Catholic school systems will be funded on
a basis that essentially preserves in real terms the per capita equivalent of
their current funding categories in the year 2000.
In addition, the
Bill provides additional funding for schools experiencing severe financial
hardship or facing problems of viability during the transition to the new SES
arrangements and establishment grants will be available to assist new
non-government schools with costs incurred in their formative years and enable
them to be competitive with existing schools.
The Bill also provides
recurrent funding for distance education students receiving that education from
non-government schools.
The Bill gives legislative effect to a new accountability framework aimed at strengthening the link between the funding provided under Commonwealth schools programs and improved outcomes for all Australian students. Grantees will be required to commit to achieving performance measures or performance targets against the National Goals for Schooling and to report progress.
The Bill provides for the introduction of a revised structure for some
Commonwealth Programs of targeted assistance for schools which is the outcome of
the review foreshadowed in the 1999-2000 Budget. The revised structure combines
the literacy and numeracy – grants to schools program and the special
education school support fixed grants and per capita grants into the
Strategic assistance for improving student outcomes program.
The Bill provides for an average special education per capita funding
amount per student for every eligible non-government student. The Bill also
provides for additional funding through the Strategic assistance for
improving student outcomes programme to ensure that funding for independent
schools disadvantaged by the introduction of the average per capita rate will be
maintained in terms of the per capita rate for the quadrennium.
The Bill provides for government school General Recurrent Grants to be
funded at a specified proportion of the dollar value of the AGSRC figure used
for funding non-government schools to avoid possible inconsistent
supplementation arrangements between the two sectors.
The Bill
streamlines the legislative requirements for the Capital Grants Program. This
change reflects the outcomes of a recent evaluation of the Capital Grants
Program and will be accompanied by broader reporting by States on the state of
their school infrastructure and improvements year on year. The change does not
limit the ability of the Commonwealth to require approval on a project
basis.
The Bill has a similar structure to the States Grants (Primary and
Secondary Education Assistance) Act 1996.
As before, the legislative
base for the schools programs 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 – 2001 to 2004”.
The Bill provides for an appropriation of some $16.7 billion in final
1999 prices for recurrent funding and $1.2 billion in final 1999 prices for
capital funding. In total, the Bill appropriates an estimated $18 billion in
final 1999 prices for the entire quadrennium. In accordance with the
Government’s policy, these amounts will be adjusted for price movements.
A Government amendment will be introduced to update all funding amounts in this
Bill to 2000 final prices once the necessary data becomes available.
The
Schedules to the Bill set out grants for the 2001 to 2004 quadrennium.
NOTES ON CLAUSES
This clause identifies the legislation as the States Grants (Primary
and Secondary Education Assistance) Act 2000
This clause provides that the Bill will commence on 1 January
2001
This clause provides a simplified outline of this Act.
This clause contains definitions of the terms and expressions used in the
clauses of the Bill.
There are a number of new terms and expressions
defined in this clause which are used as a result of the inclusion in the Bill
of the new socioeconomic status (SES) funding provisions which are to apply
under the General Recurrent Grants (GRG) Program. Reference is made to those
definitions in the context of where the terms or expressions are used.
Subclause 5(1) provides that a funding level under the Bill has
the meaning given by this clause. Under the Bill there are 3 different types of
funding levels, all of which are expressed as a percentage of Average Government
School Recurrent Costs (AGSRC). All schools (except those which are members of
an approved Catholic school system) will have either an SES funding level or a
year 2000 funding level. Approved Catholic school systems will have a system
funding level. These funding levels replace the 12 funding category levels
calculated according to the Education Resources Index (ERI) under the former Act
(which is defined is subclause 4(1) to mean the States Grants (Primary
and Secondary Education Assistance) Act 1996). They also replace funding
provided for schools (called funding guarantees) which had their per student
recurrent funding guaranteed at the dollar amount applicable to their funding
level at the time they were placed in a lower funding level.
AGSRC for
primary education and secondary education are defined in subclause 4(1)
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 102(1), the new amounts.
In total there will be 46 SES funding levels – an SES score of 85 or
less is the highest SES funding level fixed at 70% of AGSRC, while an SES score
of 130 or more is the lowest SES funding level fixed at 13.7% of AGSRC. Each
SES score from 86 to 129 is a separate SES funding level so that funding is
payable on a continuum. Special schools will not receive an SES score and
instead will be placed in the highest funding level of 70% of AGSRC.
Until the precise AGSRC amounts for 2000 are known, it will not be
possible to work out the precise amounts which are to be shown in Parts 1 and 2
of Schedule 4. The primary and secondary per student amounts shown in
those Parts are the current per student amounts based on the 1999
AGSRC.
A year 2000 funding level is defined in subclause 4(1) to
have the meaning given by clause 8. It applies to schools which are
funding maintained under the new funding arrangements.
Whether a school is placed in an SES funding level or is funding maintained
and placed in a year 2000 funding level, is determined under the transitional
provisions set out in clauses 125 to 129.
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.
Subclause 4(1) 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 other than Catholic systemic schools and special schools
will receive an SES score. The guidelines, which will set out how an SES score
is to be calculated, are treated as a disallowable instrument.
The funding levels which correspond to the proportion of the AGSRC that the
12 funding category levels for the primary and secondary levels of education
under the former Act represented, are set out in the following table. The table
also shows the funding levels corresponding to the guaranteed per capita amounts
which applied to schools whose funding was guaranteed by virtue of subsections
47(2), 101(3) or 101(4) of the former Act, as the case may be. The year and
number beside the letter “G” refers to the year and the funding
level applicable to the school at the time it became funding
guaranteed.
Until the precise amounts for the year 2000 primary amount,
the year 2000 secondary amount and the AGSRC amounts as at 1 January 2001 are
known, it will not be possible to work out the precise year 2000 funding levels
for the current 12 ERI funding categories or for the funding guarantee cases,
which are to be shown in column 1 of Parts 3 and 4 of Schedule 4. The funding
levels currently shown in those tables are based on the current primary and
secondary per student amounts and the 1999 AGSRC.
In total there are 12
funding levels for both primary and secondary corresponding to the 12 ERI
funding categories, with an additional 5 levels in primary and 6 levels in
secondary for the funding guaranteed schools (the primary amount for one level
is no longer guaranteed, hence the funding level for the “1993 4G”
in primary is the same as that for the category 3 funding level).
|
ERI funding category or Funding guaranteed amount
|
Percentage of AGSRC
Primary funding level |
Percentage of AGSRC
Secondary funding level |
|
1
|
11.9
|
13.9
|
|
2
|
15.8
|
18.5
|
|
3
|
19.8
|
21.4
|
|
4
|
24.0
|
28.1
|
|
5
|
29.0
|
31.4
|
|
6
|
32.0
|
34.7
|
|
7
|
35.1
|
38.0
|
|
8
|
38.7
|
42.0
|
|
9
|
43.4
|
47.2
|
|
10
|
47.0
|
51.0
|
|
11
|
50.9
|
55.1
|
|
12
|
55.0
|
59.7
|
|
1993 2G
|
12.1
|
14.2
|
|
1993 3G
|
15.1
|
16.4
|
|
1993 4G
|
19.8
|
21.5
|
|
1993 5G
|
21.3
|
23.1
|
|
1993 7G
|
26.0
|
28.2
|
|
1996 10G
|
37.6
|
40.8
|
This clause 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.
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).
This clause 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 relevant
non-government authority.
This clause prescribes that the Minister must not authorise payment to a
State in the absence of an agreement with that State. An agreement must include
a requirement that the State makes a commitment to the National Goals for
Schooling prepared by the Ministerial Council on Education, Employment, Training
and Youth Affairs and a commitment to achieve the performance measures,
including the performance targets set out in regulations as in force from time
to time. An agreement must also include a requirement that the State spends
financial assistance in accordance with the purposes for which it is given; that
the State provide reports in respect of that expenditure at times nominated by
the Minister; and the specific conditions set out under clauses 14, 15, 16
and 17. The agreement may also include other conditions the Minister thinks
appropriate.
This clause prescribes that grants under the Bill are to be subject to
the conditions set out in an agreement under clause 12.
This clause 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.
This clause prescribes that, by the date determined by the Minister, a
State will take part in preparing reports on the outcomes of schooling including
the provision of reports as required by the Minister addressing the requirements
for performance information that are set out in the regulations as in force from
time to time. States may also be required to provide reports in relation to
financial assistance and to take part in evaluations of the outcomes of programs
funded under the Bill. In addition, if the Minister considers that the State
has not achieved the performance measures, including the performance targets set
out 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.
This clause prescribes that, where a State has not fulfilled a condition
in clause 12(1)(c) or clauses 14 or 15, 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.
This clause 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 – Requirements for relevant authorities etc.
Clause 18 – 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 19 of the Bill.
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.
This clause provides that an agreement made under clause 18 must contain
a requirement that the relevant authority make a commitment to the National
Goals on Schooling prepared by the Ministerial Council on Education, Employment,
Training and Youth Affairs and a commitment to achieve the performance measures,
including the performance targets set out in regulations as in force from time
to time. An agreement must also include the specific requirements set out
under clauses 21, 22, 23, 24 and 25; and any provision required by
clauses 41(2)(d), 43(4)(b) and 44(4)(e).
Clause 20 – Provisions that may be included in
agreements
This clause prescribes that an agreement may include any other
provisions that the Minister thinks appropriate in relation to the relevant
authority.
This clause 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.
This clause 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.
This clause prescribes that an agreement must contain a requirement that, by
the date determined by the Minister, the relevant authority will take part in
preparing reports on the outcomes of schooling including the provision of
reports as required by the Minister addressing the requirements for performance
information that are set out in the regulations as in force from time to time.
The relevant authority must also provide reports in relation to financial
assistance provided to the authority and take part in evaluations of the
outcomes of programs funded under the Bill. In addition, if the Minister
considers that the authority has not achieved the performance measures,
including the performance targets set out in the regulations and the Minister
has directed the authority to take the action specified in the direction, the
authority must provide to the Minister a report on the action taken in response
to the direction.
Clause 24 – Specific requirement: provision dealing with failure to
comply within time limit
This clause prescribes that an agreement must
contain a requirement where an authority does not fulfil a requirement set 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.
This clause 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.
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.
This clause prescribes that, if a State does not fulfil a condition under
clause 26 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.
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 the States for any purpose
under any provision of the Bill.
This clause prescribes that an amount payable by a State to the Commonwealth under this Bill is a debt due by the State to the Commonwealth.
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 the States for any purpose under any provision of the Bill.
This clause prescribes that the Minister should take into account all
relevant matters before making a determination under clauses 16(1)(a), 17(a),
24(a), 25(a) or 27(1)(a),.
PART 3 – LISTS OF NON-GOVERNMENT SCHOOLS AND APPROVED SCHOOL SYSTEMS
This clause 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.
This clause 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 subclause 4(1) 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 new additions relate to a school’s SES score being included,
whether or not the school is approved for distance education, and the name of
the approved authority of the school. The clause also requires the Minister to
have the list of schools published in the Gazette, including the funding
level of all schools except Catholic systemic schools. Clause 122 keeps
the list kept under the former Act that is in force immediately before
1 January 2001 in force under the Bill excluding funding levels.
Clause 34 – List of approved school systems
This
clause requires that the Minister must keep a list of approved school systems.
An approved school system is defined in subclause 4(1) to mean a system
included in the list kept under this clause. An approved Catholic school system
is also defined in subclause 4(1) and means a system included in the list
kept under this clause whose approved authority is a Catholic education
authority.
The list is to contain the name of each approved school
system and the funding level of each approved Catholic 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 systemic school and
the funding level of each approved Catholic school system. Clause 123
keeps the list kept under the former Act that is in force immediately before 1
January 2001, in force under the Bill excluding funding levels.
Division 1 – Simplified outline of
Part
This clause provides a simplified outline of Part 4.
Division 2 – Varying lists of non-government schools and approved school systems
This clause 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 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 50).
Clause 37 – Varying list of approved schools
systems
This clause 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 50).
Clause 38 - Change of funding level of non-government school due to
incorrect SES score
This clause 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 the
score is no longer accurate because of a significant change in the
school’s circumstances (for example, where a significant new intake of
students has changed the school’s SES score since the previous SES score
was calculated).
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 of review.
The clause
empowers the Minister to 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.
This clause 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 fulfil the
obligations, if any, of the existing approved authority under the Bill or the
former Act.
This clause 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
fulfil the obligations, if any, of the existing approved authority. The school
or schools for which the body is responsible must be non-profit making.
The clause 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 43 – Proposal for a non-systemic school to become a
member of an approved school system
This clause 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 fulfil 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 fulfil 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 44
– Proposal for a school to cease to be a member of an approved school
system
This clause 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 fulfil 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 fulfil 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 Commonwealth 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.
The clause 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.
This clause 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 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 subclause
4(1).
The clause 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
This clause requires the Minister to determine an SES funding level
having regard to the school’s SES score and include that 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 (except a Catholic systemic school) with another school that
is not a Catholic systemic school;
(b) for the separation of a non-systemic
school or a systemic school (except a Catholic systemic school) into two or more
schools;
(c) for a new school (except a school which is to become a Catholic
systemic school);
(d) for a school (except a school which is to become a
Catholic systemic school) that exists but is not receiving Commonwealth funding;
or
(e) for a school that is no longer included in an approved Catholic school
system.
Because an approved Catholic school system has a system funding
level, individual Catholic systemic schools will not have a funding
level.
This clause requires the Minister to give notice of a decision under this
Part to the relevant approved authority.
This clause empowers the Minister to give a determination a retrospective
effect but not to a date earlier than 1 January 2001.
This clause 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 124 keeps a determination made under the former Act
as to the exclusions from the definition that is in force immediately before
1 January 2001, in force under the Bill.
This clause 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 subclause 4(1) 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 102(1), the new amounts.
The schools census day for a State for a program year is defined in
subclause 4(1).
Under clause 117 overseas students (whose meaning is defined in
subclause 52(2)) are not eligible to attract financial assistance under
this Part.
This clause enables the Minister to authorise payments to the States for
capital expenditure in connection with government schools and/or government
rural school hostels which, in total, do not exceed the amounts in column 2 of
Schedule 3 for the respective program years.
This clause provides a simplified outline of the payment of grants for
non-government schools.
This Division deals with the payment of general recurrent grants for
non-government schools. 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 (except an approved Catholic school system) has an SES funding
level or is funding maintained and has a year 2000 funding level, or whether an
approved Catholic school system is involved;
(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 or approved
Catholic school system 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 or approved Catholic school system 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 4(2) 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 4(3) 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 117 overseas students (whose meaning
is defined in subclause 52(2)) are not eligible to attract financial
assistance under this Part.
Subdivision A – Schools with SES funding levels
This clause gives a simplified outline of grants to schools with SES
funding levels.
Clause 57 - Authorising payments for non-systemic schools
This
clause provides for general recurrent grants for non-systemic schools which have
an SES funding level. The Minister is empowered to make recurrent grants to a
State for a non-systemic school for a program year.
Where a school had
primary or secondary students only as at the 2000 schools census day and was
receiving general recurrent grants under the former Act immediately before 1
January 2001 for those students, paragraph (1)(a) and subclause
(2) provide that the total of the grants for the school must not be greater
than the sum of the amounts worked out by adding up the following:
(a) an
amount for the school’s primary students calculated under clause
59;
(b) an amount for the school’s secondary students calculated
under clause 60;
(c) an amount for the school’s primary distance
education students calculated under clause 62; and
(d) an amount for
the school’s secondary distance education students calculated under
clause 63.
Where a school was a combined school having primary and
secondary students as at the 2000 schools census day and was receiving general
recurrent grants under the former Act immediately before 1 January 2001 for
those students, paragraph (1)(b) and subclause (3) provide that
that the total of the grants for the school must not be greater than the sum of
the amounts worked out by adding up the following:
(a) an amount for the
school’s primary and secondary students calculated under clause
61;
(b) an amount for the school’s primary distance education
students calculated under clause 62; and
(c) an amount for the
school’s secondary distance education students calculated under clause
63.
Clause 58 - Authorising payments for approved school systems
(except approved Catholic school systems)
This clause provides for general recurrent grants for systemic schools (other
than a Catholic systemic school) which have an SES funding level. The Minister
is empowered to make recurrent grants to a State for an approved school system
for each systemic school for a program year. In subclause 4(1) an
approved school system is defined to mean a school system included in the list
kept under clause 34, and a program year is defined as the calendar years
2001-2004.
Where a systemic school had primary or secondary students
only as at the 2000 schools census day and the system was receiving general
recurrent grants under the former Act immediately before 1 January 2001 for
those students, paragraph (2)(a) and subclause (3) provide that
the total of the grants for each such school must not be greater than the sum of
the amounts worked out by adding up the following:
(a) an amount for the
school’s primary students calculated under clause 59;
(b) an
amount for the school’s secondary students calculated under clause
60;
(c) an amount for the school’s primary distance education
students calculated under clause 62; and
(d) an amount for the
school’s secondary distance education students calculated under clause
63.
Where a systemic school was a combined school having primary and
secondary students as at the 2000 schools census day and the system was
receiving general recurrent grants under the former Act immediately before 1
January 2001 for those students, paragraph (2)(b) and subclause
(4) provide that the total of the grants for each such school must not be
greater than the sum of the amounts worked out by adding up the
following:
(a) an amount for the school’s primary and secondary
students calculated under clause 61;
(b) an amount for the
school’s primary distance education students calculated under clause
62; and
(c) an amount for the school’s secondary distance education
students calculated under clause 63.
This clause sets out in a method statement for the purposes of clauses
57 and 58, how the grant is calculated for the primary students of a school
with an SES funding level and approved for the primary level of
education.
Where a school with an SES funding level is covered by one of
the circumstances specified in subclause (5), the grant is calculated by
multiplying the number of primary students at the school by the primary per
student amount applicable to the school for the program year. The primary per
student amount is called the adjusted SES primary amount as it can change over
the program years. It is defined in subclause (7) as the amount set out
in the table in Part 1 of Schedule 4 for the program year applicable to
the school’s SES funding level or, in the case of a special school, the
highest SES funding level of 70% of AGSRC. The number of primary students is
defined in subclause 4(1).
The specified circumstances referred to in subclause (5)
are:
(a) new school proposals approved under the Bill. This, includes
schools whose SES funding level is later changed under the funding review
provisions in clause 38. Such schools can only have an SES funding
level;
(b) a school begins a level of primary education and no level of
primary education was included in the list for the school immediately before the
variation;
(c) schools whose year 2000 funding level is later changed to a
lower SES funding level under the funding review provisions in clause
38;
(d) new school proposals for non-systemic schools approved under the
former Act where the application was made after 11 May 1999 and the list of
non-government schools was varied in 1999 or 2000. Such schools received an SES
score and will not receive a year 2000 funding level (see clause 129).
This category also includes those schools whose SES funding level is later
changed under the funding review provisions in clause 38;
and
(e) schools that ceased to be members of approved Catholic school systems
on or after 1 January 2001. Such schools do not have a school funding
level while members of an approved Catholic school system and will receive an
SES funding level under paragraph 49(2)(e).
Other schools with an SES funding level to whom subclause (5) does not
apply will have their increased funding phased in at a rate of 25% of the
increase each year, so that by 2004 the schools will be funded at their new SES
funding level. The phasing in formula is the same for 2001–2004 but with
the program year percentages increasing each year. The program year percentage
is defined in subclause 4(1) as 25% for the 2001 program year, 50% for
the 2002 program year, 75% for the 2003 program year and 100% for the 2004
program year. The general rule is set out in the method statement in subclause
(1). Subclause (4) sets out a formula to deal with the case where a
negative number results so that the school receives the adjusted year 2000
primary amount for the program year.
The method statement refers to a
number of terms. The year 2000 primary amount is defined in subclause
4(1) as the primary per student recurrent amount that applied to the school
under subsection 47(2) of the former Act immediately before 1 January
2001. The adjusted year 2000 primary amount is defined in subclause 4(1)
to mean the amount set out in the table in Part 3 of Schedule 4 for the
program year applicable to the school’s year 2000 funding level or, in the
case of a special school, the highest year 2000 funding level which is the
amount set out opposite the year 2000 funding level for the former ERI category
12 funding level. The method of working out the proportional change in the
AGSRC is set out in subclause (2) and (3).
An example follows of the
operation of the phasing in formula set out in the method statement for 2001.
The amounts in square brackets after each step illustrate how a school’s
entitlement for its primary students would be calculated for a school that had a
category 8 funding level in 2000 and an SES score of 100. It is assumed that
the school’s SES primary amount for 2001 is $2,394, the year 2000 primary
amount for category 8 is $1,809. It is also assumed that the 2001 AGSRC is
$4,720 and it is assumed that the school has 95 full-time primary students as at
the 2001 schools census day. The schools census day for a State for a program
year is defined in subclause 4(1).
Method statementStep 1. Subtract the school’s year 2000 primary amount from the school’s SES primary amount. Step 2. If the result of step 1 is a positive amount, work out the amount equal to the program year percentage of the result. [For 2001: 25% of $585 = $146.25]
Note: If the result of step 1 is a negative amount, or zero,
go to subsection (4).
Step 3. Add up:
(a) the proportional change in AGSRC for primary education worked out under subsection (2); and (b) 1. [For 2001: $4,720 - $4,674 = 0.0098 + 1 = 1.0098]
$4,674Step 4. Multiply the result of step 2 by the result of step 3 and round the product to the next highest dollar if it is not already a whole number of dollars. Step 5. Add the result of step 4 to the school’s adjusted year 2000 primary amount for the program year. Step 6. Multiply the result of step 5 by the number of primary students for the school for the program year. |
Until the precise amounts for the year 2000 primary amount, the year 2000
secondary amount and the AGSRC amounts as at 1 January 2001 are known, it will
not be possible to work out the precise SES amounts and the year 2000 funding
levels and amounts for the current 12 ERI funding categories or for the funding
guarantee cases, which are to be shown in Parts 1 and 2 (columns 3 to 6) and in
Parts 3 and 4 (columns 1 to 5) of Schedule 4. The funding amounts shown
in those Parts 1 and 2 are the current per student amounts based on the 1999
AGSRC, and the funding levels and amounts shown in Parts 3 and 4 are based on
the current primary and secondary per student amounts and the 1999 AGSRC.
Subclause 4(2) provides that a primary student not attending a
school at its approved location on a daily basis is excluded unless the Minister
has determined that the student should be treated (because of special
circumstances) as so attending the school. The definition of the number of
primary students in subclause 4(1) also excludes primary distance
education students.
This clause sets out in a method statement for the purposes of clauses 57
and 58, how the grant is calculated for the secondary students of a school
with an SES funding level and approved for the secondary level of
education.
Where a school with an SES funding level is covered by one of
the circumstances specified in subclause (5), the grant is calculated by
multiplying the number of secondary students at the school by the secondary per
student amount applicable to the school for the program year. The secondary per
student amount is called the adjusted SES secondary amount. It is defined in
subclause (7) as the amount set out in the table in Part 2 of Schedule
4 for the program year applicable to the school’s SES funding level
or, in the case of a special school, the highest SES funding level of 70% of
AGSRC. The number of secondary students is defined in subclause 4(1).
The specified circumstances are the same as those listed in subclause
59(5).
Other schools with an SES funding level to whom subclause (5) does not
apply will have their increased funding phased in at a rate of 25% of the
increase each year, so that by 2004 the schools will be funded at their new SES
funding level. The phasing in formula is the same for 2001–2004 but with
the program year percentages increasing each year. The program year percentage
is defined in subclause 4(1) as 25% for the 2001 program year, 50% for
the 2002 program year, 75% for the 2003 program year and 100% for the 2004
program year. The general rule is set out in the method statement in
subclause (1). Subclause (4) sets out a formula to deal with the
case where a negative number results so that the school receives the adjusted
year 2000 secondary amount for the program year.
The method statement
refers to a number of terms. The year 2000 secondary amount is defined in
subclause 4(1) as the secondary per student recurrent amount that applied
to the school under subsection 47(2) of the former Act immediately before
1 January 2001. The adjusted year 2000 secondary amount is defined in
subclause 4(1) to mean the amount set out in the table in Part 4 of
Schedule 4 for the program year applicable to the school’s year
2000 funding level or, in the case of a special school, the highest year 2000
funding level which is the amount set out opposite the year 2000 funding level
for the former ERI category 12 funding level. The method of working out the
proportional change in the AGSRC is set out in subclause
(2).
Subclause 4(2) provides that a secondary student not
attending a school at its approved location on a daily basis is excluded unless
the Minister has determined that the student should be treated (because of
special circumstances) as so attending the school. The definition of the number
of secondary students in subclause 4(1) also excludes secondary distance
education students.
Clause 61 – Combined primary and secondary student
amounts
This clause sets out in a method statement for the purposes
of clauses 57 and 58, how the grant is calculated for both primary and
secondary students of a school with an SES funding level and approved for both
primary and secondary levels of education.
Combined schools with an SES funding level will have their total increased
SES funding amount phased in at a rate of 25% of the total increase each year,
so that by 2004 the schools will be funded at their new SES funding level. The
phasing in formula is the same for 2001–2004 but with the program year
percentages increasing each year. The program year percentage is defined in
subclause 4(1) as 25% for the 2001 program year, 50% for the 2002 program
year, 75% for the 2003 program year and 100% for the 2004 program
year.
Where a combined school with an SES funding level is covered by one
of the circumstances specified in subclause (3), the grant is calculated
by multiplying the number of primary and secondary students at the school by the
respective primary and secondary per student amount applicable to the school for
the program year. The adjusted primary and secondary per student amounts are
defined in subclause 4(1). The number of primary and secondary students
are also defined in subclause 4(1). The specified circumstances
are:
(a) schools whose year 2000 funding level is later changed to a lower
SES funding level under the funding review provisions in clause
38;
(b) new school proposals for non-systemic schools approved under the
former Act where the application was made after 11 May 1999 and the list of
non-government schools was varied in 1999 or 2000. Such schools received an SES
score and will not receive a year 2000 funding level (see clause 129).
This category also includes those schools whose SES funding level is later
changed under the funding review provisions in clause 38;
and
Other schools with an SES funding level to whom subclause (2)
does not apply will have their increased funding phased in at a rate of 25% of
the increase each year, so that by 2004 the schools will be funded at their new
SES funding level. The phasing in formula is the same for 2001–2004 but
with the program year percentages increasing each year. The program year
percentage is defined in subclause 4(1) as 25% for the 2001 program year,
50% for the 2002 program year, 75% for the 2003 program year and 100% for the
2004 program year. The general rule is set out in the method statement in
subclause (1).
This clause sets out for the purposes of clauses 57 and 58, how the
grant is calculated for the primary distance education students of a school with
an SES funding level and approved for the primary level of education and
distance education.
The grant is calculated by multiplying the number of
primary distance education students at the school by the primary distance
education per student amount for the program year. The amount is called the
adjusted primary distance education amount. The number of primary distance
education students is defined in subclause 4(1). The adjusted primary
distance education amount is defined in subclause (2) as the amount set
out in the table in Part 1 of Schedule 4 for the program year applicable
to the SES funding level of 13.7% of AGSRC, which is the lowest SES funding
level.
Subclause 4(3) provides that a student will not be taken to
be receiving primary distance education at a 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.
This clause sets out for the purposes of clauses 57 and 58, how the
grant is calculated for the secondary distance education students of a school
with an SES funding level and approved for the secondary level of education and
distance education.
The grant is calculated by multiplying the number of
secondary distance education students at the school by the secondary distance
education per student amount for the program year. The amount is called the
adjusted secondary distance education amount. The number of secondary distance
education students is defined in subclause 4(1). The adjusted secondary
distance education amount is defined in subclause (2) as the amount set
out in the table in Part 2 of Schedule 4 for the program year applicable
to the SES funding level of 13.7% of AGSRC, which is the lowest SES funding
level.
Subclause 4(3) provides that a student will not be taken to
be receiving secondary distance education at a 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.
Subdivision B - Schools with year 2000 funding levels
Clause 64 –Simplified outline
This clause gives a
simplified outline of grants to schools with year 2000 funding
levels.
Clause 65 - Authorising payments for non-systemic
schools
This clause provides for general recurrent grants for non-systemic schools
which are funding maintained and have a year 2000 funding level. The Minister
is empowered to make recurrent grants to a State for a non-systemic school for a
program year. The total of the grants for the school must not be greater than
the sum of the amounts worked out by adding up the following:
(a) an
amount for the school’s primary students calculated under clause
67;
(b) an amount for the school’s secondary students calculated
under clause 68;
(c) an amount for the school’s primary distance
education students calculated under clause 69; and
(d) an amount for
the school’s secondary distance education students calculated under
clause 70.
Clause 66 - Authorising payments for schools in
approved school systems (except approved Catholic school
systems)
This clause provides for general recurrent grants for
systemic schools (other than a Catholic systemic school) which are funding
maintained and have a year 2000 funding level. The Minister is empowered to
make recurrent grants to a State for an approved school system for each systemic
school for a program year. In subclause 4(1) an approved school system
is defined to mean a school system included in the list kept under clause
34, and a program year is defined as the calendar years
2001-2004.
The total of the grants for each school must not be greater
than the sum of the amounts worked out by adding up the following:
(a) an
amount for the school’s primary students calculated under clause
67;
(b) an amount for the school’s secondary students calculated
under clause 68;
(c) an amount for the school’s primary distance
education students calculated under clause 69; and
(d) an amount for
the school’s secondary distance education students calculated under
clause 70.
This clause sets out for the purposes of clauses 65 and 66, how the
grant is calculated for the primary students of a school with a year 2000
funding level and approved for the primary level of education.
The grant
is calculated by multiplying the number of primary students at the school by the
primary per student amount applicable to the school’s year 2000 funding
level for the program year. The primary per student amount is called the
adjusted year 2000 primary amount. It is defined in subclause 4(1) as
the amount set out in the table in Part 3 of Schedule 4 for the program
year applicable to the school’s year 2000 funding level or, in the case of
a special school, the highest year 2000 funding level which is the amount set
out opposite the year 2000 funding level for the former ERI category 12 funding
level. The number of primary students is defined in subclause
4(1).
Subclause 4(2) provides that a primary student not
attending a school at its approved location on a daily basis is excluded unless
the Minister has determined that the student should be treated (because of
special circumstances) as so attending the school. The definition of the number
of primary students in subclause 4(1) also excludes primary distance
education students.
This clause sets out for the purposes of clauses 65 and 66, how the
grant is calculated for the secondary students of a school with a year 2000
funding level and approved for the secondary level of education.
The
grant is calculated by multiplying the number of secondary students at the
school by the secondary per student amount applicable to the school’s year
2000 funding level for the program year. The secondary per student amount is
called the adjusted year 2000 secondary amount. It is defined in subclause
4(1) as the amount set out in the table in Part 4 of Schedule 4 for
the program year applicable to the school’s year 2000 funding level or, in
the case of a special school, the highest year 2000 funding level which is the
amount set out opposite the year 2000 funding level for the former ERI category
12 funding level. The number of secondary students is defined in subclause
4(1).
Subclause 4(2) provides that a secondary student not
attending a school at its approved location on a daily basis is excluded unless
the Minister has determined that the student should be treated (because of
special circumstances) as so attending the school. The definition of the number
of secondary students in subclause 4(1) also excludes secondary distance
education students.
This clause sets out for the purposes of clauses 65 and 66, how the
grant is calculated for the primary distance education students of a school with
a year 2000 funding level and approved for the primary level of education and
distance education.
The grant is calculated by multiplying the number of
primary distance education students at the school by the primary distance
education per student amount for the program year. The amount is called the
adjusted primary distance education amount. It is defined in subclause
4(1) to have the meaning given in subclause 62 which is the amount
set out in the table in Part 1 of Schedule 4 for the program year
applicable to the SES funding level of 13.7% of AGSRC, the lowest SES funding
level. The number of primary distance education students is defined in
subclause 4(1).
Subclause 4(3) provides that a student will
not be taken to be receiving primary distance education at a 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.
This clause sets out for the purposes of clauses 65 and 66, how the
grant is calculated for the secondary distance education students of a school
with a year 2000 funding level and approved for the secondary level of education
and distance education.
The grant is calculated by multiplying the number
of secondary distance education students at the school by the secondary distance
education per student amount for the program year. The amount is called the
adjusted secondary distance education amount. It is defined in subclause
4(1) to have the meaning given in subclause 63(2) which is the amount
set out in the table in Part 2 of Schedule 4 for the program year
applicable to the SES funding level of 13.7% of AGSRC, the lowest SES funding
level. The number of secondary distance education students is defined in
subclause 4(1).
Subclause 4(3) provides that a student will
not be taken to be receiving secondary distance education at a 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.
Subdivision C – Approved Catholic school systems
This clause gives a simplified outline of grants to approved Catholic
school systems.
Clause 72 - Authorising payments for approved Catholic
school systems
Under this clause the Minister is empowered to make general recurrent grants
to a State for an approved Catholic school system for a program year. In
subclause 4(1) a program year is defined as the calendar years 2001-2004.
The total of the grants for each system must not be greater than the sum of the
amounts worked out by adding up the following:
(a) an amount for the
system’s primary students calculated under subclause (3);
(b) an
amount for the system’s secondary students calculated under subclause
(4);
(c) an amount for the system’s primary distance education
students calculated under subclause (5); and
(d) an amount for the
system’s secondary distance education students calculated under
subclause (6).
Under subclause (3) the grant is calculated by multiplying the number
of primary students at the system by the primary per student amount applicable
to the system’s funding level for the program year. The primary per
student amount called the primary system amount is defined in this subclause as
the amount set out in the table in Part 1 of Schedule 4 for the program
year applicable to the system’s funding level. The number of primary
students is also defined in this subclause.
Under subclause (4)
the grant is calculated by multiplying the number of secondary students at the
system by the secondary per student amount applicable to the system’s
funding level for the program year. The secondary per student amount called the
secondary system amount is defined in this subclause as the amount set out in
the table in Part 2 of Schedule 4 for the program year applicable to the
system’s funding level. The number of secondary students is also defined
in this subclause.
Under subclause (5) the grant is calculated by multiplying the number
of primary distance education students for the system by the primary distance
education per student amount for the program year. The amount is called the
system’s adjusted primary distance education amount. It is defined in
this subclause to mean the amount set out in the table in Part 1 of Schedule
4 for the program year applicable to the SES funding level of 13.7% of AGSRC
which is the lowest SES funding level. The number of primary distance education
students is also defined in this subclause.
Under subclause (6)
the grant is calculated by multiplying the number of secondary distance
education students for the system by the secondary distance education per
student amount for the program year. The amount is called the system’s
adjusted secondary distance education amount. It is defined in this subclause
to mean the amount set out in the table in Part 2 of Schedule 4 for the
program year applicable to the SES funding level of 13.7% of AGSRC which is the
lowest SES funding level. The number of secondary distance education students
is also defined in this subclause.
Subclause 4(2) provides that a
primary or secondary student not attending a school at its approved location on
a daily basis is excluded unless the Minister has determined that the student
should be treated (because of special circumstances) as so attending the school.
The definitions of the number of primary students and the number of secondary
students in subclauses (3) and (4) exclude primary and secondary distance
education students.
Subclause 4(3) provides that a student will
not be taken to be receiving primary or secondary distance education at a 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.
This clause 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 be
within the total amounts set out in Schedule 5 for the program year.
This clause empowers the Minister to determine a grant of transitional
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 6 for the program
year.
While schools experiencing short-term financial difficulties will
continue to be assisted, schools whose difficulties are not short-term are also
to be assisted if they face severe financial difficulties during the
transitional period to the new SES funding arrangements.
This clause empowers the Minister to determine an establishment grant for
a State for one or more program years for certain new non-government schools.
The new schools to which this clause applies are:
(a) a new school which
commences in 2001 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 45(4); and
(b) a new school which commenced
in 1999 or 2000 which was covered by an application made after 11 May 1999 for a
new school proposal under paragraph (c) of the definition of new
school proposal in section 36 of the former Act, where the list of
non-government schools was varied in 1999 or 2000.
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.
PART 7 – GRANTS TO PROVIDE STRATEGIC ASSISTANCE TO IMPROVE STUDENT OUTCOMES
This clause states that the object of the Part is to help schools and
school communities to improve the learning outcomes of students who are
educationally disadvantaged (including because they are a student with a
disability, Indigenous, of a low socio-economic background, of a language
background other than English or geographically isolated).
Clause 77
– Grants for strategic assistance for government schools etc. and
non-government schools
Under this clause the Minister is empowered 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 total amount provided in column 2 of the table in
Part 1 of Schedule 8 for the program year.
Clause 78 – Grants
for strategic assistance for government schools
Under this clause
the Minister is empowered to authorise payments to the States for government
schools (including schools providing special education) to improve the learning
outcomes of students who are educationally disadvantaged. Amounts 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 8 for the program year.
Under this clause the Minister is empowered 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 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 8 for the program year.
This clause 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.
This clause empowers the Minister to authorise payments to States for
government schools for recurrent and/or capital 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 recurrent and/or capital 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 3 of the table in Part 1 of Schedule
8 for the program year.
The clause states that the object of this Part is to help with the
acquisition of appropriate literacy or numeracy skills by students who are
likely to be at risk of being ill-equipped, when leaving school, to receive
further education and training or to engage in sustainable employment.
This clause empowers the Minister to approve national projects to be
carried out in Australia which have as their object the development of literacy
or 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. The amounts authorised must not exceed the amount set out in
column 4 of the table in Part 1 of Schedule 8 for the program
year.
PART 10 – GRANTS FOR SPECIAL EDUCATION AT NON-GOVERNMENT CENTRES
This clause states that the object of the Part is to provide financial
assistance to the States to help non-government centres provide education,
therapeutic and other essential services and capital facilities to improve the
participation level by young people with disabilities in education and the
learning outcomes of those young people.
This clause 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.
This clause prescribes that the amounts authorised under this Part must
not exceed the amount set out in column 5 of the table in Part 1 of Schedule
8 for the program year.
PART 11 – GRANTS TO FOSTER THE LEARNING OF LANGUAGES OTHER THAN ENGLISH
This clause 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 90 – Grants for government
schools etc.
This clause prescribes that the amounts authorised under this Part must
not exceed the amount set out in column 6 of the table in Part 1 of Schedule
8 for the program year.
PART 12 – GRANTS TO FOSTER THE LEARNING OF ASIAN LANGUAGES AND STUDIES OF ASIA
This clause states that the object of the Part is to foster the learning
of Asian languages and studies of Asia.
Clause 94 – Grants to
foster the learning of Asian languages and studies of Asia in government
schools
This clause empowers the Minister to authorise payments to
the States for expenditure in connection with government schools with the
objective of learning of Asian languages or studies of Asia.
Clause 95
– Grants to foster the learning of Asian languages and studies of Asia in
non-government schools
This clause empowers the Minister to authorise
payments to the States for expenditure in connection with non-government schools
with the objective of learning of Asian languages or studies of
Asia.
Clause 96 – Grants for national projects to foster the
learning of Asian languages and studies of Asia in non-government
schools
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.
This clause prescribes that the amounts authorised under this Part must
not exceed the amount set out in column 7 of the table in Part 1 of Schedule
8 for the program year.
This clause 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.
This clause 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 3 of Schedule 8 for the
program year.
Clause 100 – Grants for teaching English as a second language 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. 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 3 of the table in Part 3 of
Schedule 8 for the program year.
This clause empowers the Minister to approve grants for national projects
connected with strategic assistance, schools in country areas, special education
at non-government centres and languages other than English 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 101(1), is taken to be an amount paid to a
State for the particular purpose set out in the related clause.
AGSRC for primary education and secondary education are defined in
subclause 4(1) 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 102(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 2001-2004. When a
regulation is made under subclause 102(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 103.
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 making of regulations which adjust amounts
of financial assistance in Schedules 6, 7 and 8 to the Bill for price
movements.
Subclause 105(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 105(2)
provides that, after calculating supplementation of amounts at Schedules 6 and 7
and in Part 1 of Schedule 8, amounts are to be rounded to the nearest
$1,000 ($500 to be rounded upwards).
Subclause 105(3) provides
that, after calculating supplementation of amounts in Part 2 and 3 of
Schedule 8, amounts are to be rounded to the next highest dollar.
Subclause 105(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.
This clause provides for the making of regulations which adjust amounts
of financial assistance in Schedules 3 and 5 to the Bill for price
movements.
Subclause 106(1) prescribes that, where a number in respect of capital
grants is stated in the regulations, then the amounts shown in Schedules 3
and 5 are taken to be adjusted by multiplying the capital number for the
program year by the capital amount.
Subclause 106(2) provides that
after calculating supplementation, amounts are to be rounded to the nearest
$1,000 ($500 to be rounded upwards).
Subclause 106(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.
Division 3 – Timing of payments etc.
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
payment or be specific to a State or States, a particular provision in the Bill
or a particular program year or years.
This clause 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 109 – Determination authorising the making of
payments may authorise Minister to determine amounts of payments
This
clause empowers the Minister to determine the amount of a payment when the
Minister authorises the making of a payment.
Clause 110 – Payment reductions for false or misleading
statements
Subclause 110(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
110(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 110(3) enables the Minister to
make a determination under the clause retrospective in effect.
Clause 111 – Appropriation
Clause 112 –
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 113 – 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 114 – 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.
Clause 115 – Delegation
This clause
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 116 – 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.
Division 7 – Overseas students
Clause 117 – Overseas students
This clause provides
that overseas students are not eligible to attract financial assistance under
the Bill. Overseas students are defined in subclause 4(1) to have the
meaning given by subclause 52(2).
Division 8 – Regulations
Clause 118 – Regulations
This clause enables the
Governor-General to make regulations. Regulations made for the purposes of
clauses 12, 15, 19 or 23 of this Bill take effect after they are no
longer liable to be disallowed.
PART 16 – TRANSITIONAL PROVISIONS
This clause 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.
This clause keeps determinations made under the former Act as to approved
authorities that are in force immediately before 1 January 2001, in force under
the Bill.
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 subclause 4(1) and clause 8. The exceptions to this are special
schools (which are dealt with in clause 128) and certain new schools
(which are dealt with in clause 129). Special schools will get maximum
SES funding and will not receive an SES score, while new non-systemic schools
that applied for funding after 11 May 1999 received an SES score and are not to
receive a year 2000 funding level.
As no school is to be disadvantaged by
the move to the SES funding system, a school that would otherwise have its
funding reduced under an SES funding level will have its year 2000 per student
entitlement maintained and be placed in a year 2000 funding level. Where a
school’s SES funding is more beneficial, it will be placed in the SES
funding level applicable to its SES score.
Until the precise AGSRC
amounts for 2000 are known, it will not be possible to work out the precise SES
per student amounts which are to be shown in Parts 1 and 2 of Schedule 4.
The primary and secondary per student amounts shown in those Parts are the
current per student amounts based on the 1999 AGSRC.
Until the precise
amounts for the year 2000 primary amount, the year 2000 secondary amount and the
AGSRC amounts as at 1 January 2001 are known, it will not be possible to work
out the precise year 2000 funding levels for the current 12 ERI funding
categories or for the funding guarantee cases, which are to be shown in column 1
of tables at Part 3 and 4 of Schedule 4. The funding levels currently
shown in those tables are based on the current primary and secondary per student
amounts and the 1999 AGSRC.
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. Apart from the exceptions, this
clause applies to schools for whom an SES score will be determined. Such
schools will receive an SES funding level if the school’s SES primary and
secondary per student amounts as at 1 January 2001 are both more than the
school’s year 2000 primary and secondary per student amounts immediately
before that day. The schools will also receive an SES funding level if the
school’s total SES entitlement based on its 2000 census enrolments is more
than the school’s total year 2000 funding entitlement based on those same
enrolments. In all other cases the schools are to receive a year 2000 funding
level. This is a one-off decision to set a non-systemic school’s funding
level for the quadrennium as set out in clause 130.
The meaning of the expressions SES primary amount, SES secondary amount, year 2000 primary amount and year 2000 secondary amount are set out in subclause 4(1). The SES amounts are the per student recurrent amounts set out in the tables in Parts 1 and 2 of Schedule 4 applicable to the school’s SES funding level as at the commencement of the 2001 program year. The year 2000 amounts are the per student recurrent amounts applicable to the school under the former Act immediately before the commencement of the 2001 program year. In some cases these are the per student recurrent funding amounts which were guaranteed.
Systemic schools (other than Catholic systemic schools) will have either
an SES funding level or be funding maintained and have a year 2000 funding
level. These funding levels are defined in subclause 4(1) and clause 8.
The exception to this is special schools (which are dealt with in clause
128). Special schools will receive maximum SES funding and do not have an
SES score.
As no school is to be disadvantaged by the move to the SES
funding system, a school that would otherwise have its funding reduced under an
SES funding level will have its year 2000 per student recurrent entitlements
maintained and be placed in a year 2000 funding level. Where a school’s
SES funding is more beneficial, it will be placed in the SES funding level
applicable to its SES score.
Until the precise AGSRC amounts for 2000 are known, it will not be possible to work out the precise SES per student amounts which are to be shown in Parts 1 and 2 of Schedule 4. The primary and secondary per student amounts shown in those Parts are the current per student amounts based on the 1999 AGSRC.
Until the precise amounts for the year 2000 primary amount, the year 2000 secondary amount and the AGSRC amounts as at 1 January 2001 are known, it will not be possible to work out the precise year 2000 funding levels for the current 12 ERI funding categories or for the funding guarantee cases, which are to be shown in column 1 of the tables in Parts 3 and 4 of Schedule 4. The funding levels currently shown in those tables are based on the current primary and secondary per student amounts and the 1999 AGSRC.
Whether a 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. Systemic schools to whom this clause applies will receive an SES
funding level if the school’s SES primary and secondary per student
amounts as at 1 January 2001 are both more than the system’s year 2000
primary and secondary per student amounts immediately before that day. These
schools will also receive an SES funding level if the school’s total SES
entitlement based on the school’s 2000 census enrolments is more than the
system’s total year 2000 funding entitlement for the school based on those
same enrolments. In all other cases the school is to receive a year 2000
funding level. This is a one-off decision to set a systemic school’s
funding level for the quadrennium as set out in clause 130.
The meaning of the expressions SES primary amount, SES secondary amount, year 2000 primary amount and year 2000 secondary amount are set out in subclause 4(1). The SES amounts are the per student recurrent amounts set out in the tables in Parts 1 and 2 of Schedule 4 applicable to the school’s SES funding level as at the commencement of the 2001 program year. The year 2000 amounts are the per student recurrent amounts applicable to the system under the former Act immediately before the commencement of the 2001 program year. In some cases these are the per student recurrent funding amounts which were guaranteed.
This clause provides that non-systemic special schools and systemic
special schools within approved school systems (other than approved Catholic
school systems) will be placed in the highest SES school funding level - 70% of
AGSRC – without an SES score being assessed for them. They will receive
general recurrent grants in the same way as other SES funded schools.
Subclause 4(1) contains a definition of a special school. Catholic
systemic special schools will take the system funding level.
This clause provides that schools covered by an application for a new
school proposal made after 11 May 1999 (the date of the Ministerial Statement
entitled Choice and Equity: Funding Arrangements for Non-government Schools
2001-2004), where the list of non-government schools was varied in 1999 or
2000, will receive an SES funding level. Such schools received an SES score as
part of the approval process. New Catholic systemic schools will take the
system funding level.
This clause prescribes that clauses 125, 126, 127, 128 and 129
require the Minister to vary a list kept under this Bill only once in relation
to each school or approved school system and to operate in relation to the SES
score first determined by the Minister for the school under those
clauses.
SCHEDULES
Following on from clause 130, Schedules 1 to 8 appropriate funds
for the programs legislated in the Bill. All Schedules are in 1999 final prices
and will updated by Government amendment later in the year to 2000 final prices
once the necessary cost supplementation data for 2000 is available.
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 2001 to 2004.
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 2001 to 2004. It also includes the funding
entitlement percentage of AGSRC.
Schedule 3 – Capital grants for government schools
This Schedule sets out the capital grants for government schools for the
years 2001 to 2004. Amounts for the years 2005 to 2007 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 2001 to 2004. Parts 3 and 4 of
this Schedule sets out the year 2000 funding for primary and secondary education
for the years 2001 to 2004.
Schedule 5 – Capital grants for non-government schools
This Schedule sets out the capital grants for non-government schools for
the years 2001 to 2004. Amounts for the years 2005 to 2007 will be appropriated
in later Acts.
Schedule 6 – Grants of transitional emergency assistance for non-government schools
This Schedule sets out the total amount available for non-government
schools in need of transitional emergency assistance for the years 2001 to
2004.
Schedule 7 – Grants for establishment assistance
This Schedule sets out the total amount available for new non-government
schools for establishment assistance for the years 2001 to 2004.
Schedule 8 – Grants for targeted assistance
This Schedule is split into three parts. Part 1 sets out grants for
strategic assistance, grants for education in country areas, grants to foster
literacy and numeracy, grants for special education at non-government centres,
grants to foster the learning of languages other than English and grants to
foster the learning of Asian languages and studies of Asia for the years 2001 to
2004. Part 2 sets out the per capita grant amount for strategic assistance for
government and non-government schools for the years 2001 to 2004. Part 3 sets
out the per capita grant amount for ESL new arrivals for the years 2001 to
2004.