Contents
Part 1—Preliminary 1
1............ Short title [see Note 1]....................................................................... 1
2............ Commencement.................................................................................. 1
3............ Simplified outline of Act.................................................................... 1
4............ Definitions.......................................................................................... 2
5............ Students receiving education at non‑government
schools................. 10
6............ Funding level..................................................................................... 11
7............ Levels of education........................................................................... 11
8............ SES score.......................................................................................... 12
9............ Approved authority......................................................................... 12
10.......... Nominated authority........................................................................ 12
11.......... Approved government school community organisation................... 13
Part 2—General provisions relating to grants 14
Division 1—Simplified outline of Part 14
12.......... Simplified outline.............................................................................. 14
Division 2—Grants for government schools 16
13.......... Division does not apply in relation to financial
assistance under section 69 for approved government school community
organisations.................................................................. 16
14.......... Agreement on conditions of financial assistance.............................. 16
15.......... Further commitment—student reports............................................ 18
16.......... Further conditions of financial assistance......................................... 19
17.......... General conditions of financial assistance........................................ 19
18.......... Specific condition—financial accountability.................................... 19
19.......... Specific condition—educational accountability................................ 20
20.......... Specific condition—non‑fulfilment of
conditions............................ 22
21.......... Specific condition—overpayment of financial
assistance................ 23
Division 3—Grants for approved government school
community organisations 24
Subdivision A—Conditions of grants for approved government
school community organisations 24
22.......... Agreement on conditions of financial assistance.............................. 24
23.......... General conditions of financial assistance........................................ 24
24.......... Specific condition—financial accountability.................................... 25
25.......... Specific condition—other accountability
requirements.................... 25
26.......... Specific condition—non‑fulfilment of
conditions............................ 26
27.......... Specific condition—overpayment of financial
assistance................ 26
Subdivision B—Conditions of
grants to States for approved government school community organisations 26
28.......... General conditions of grant to State of financial
assistance.............. 26
29.......... Specific condition—non‑fulfilment of
conditions............................ 27
Division 4—Grants for non‑government bodies 28
Subdivision A—Requirements for relevant authorities etc. 28
30.......... Minister not to authorise payment to a State for
a non‑government body in certain circumstances 28
31.......... Provisions that must be included in agreements............................... 29
32.......... Further commitment—student reports............................................ 31
33.......... Provisions that may be included in agreements................................ 32
34.......... General requirements........................................................................ 32
35.......... Specific requirement—financial accountability................................ 33
36.......... Specific requirement—educational accountability............................ 33
37.......... Specific requirement—provision dealing with
failure to comply within time limit 35
38.......... Specific requirement—failure to comply with other
requirements.. 35
Subdivision B—Conditions of grants to States for non‑government
bodies 36
39.......... General conditions of grant to State of financial
assistance.............. 36
40.......... Specific condition—non‑fulfilment of
conditions............................ 36
Division 5—Miscellaneous 37
41.......... Powers of Minister if amounts of grants become
repayable............ 37
42.......... Amount payable by a State to the Commonwealth is
a debt........... 37
43.......... Powers of Minister if amounts payable by approved
government school community organisations 37
44.......... Powers of Minister if amounts payable by relevant
authorities...... 38
45.......... Determinations requiring repayments.............................................. 39
Part 3—Lists of non‑government schools and approved
school systems 40
Division 1—Funding of non‑government schools 40
46.......... Funding of non‑government schools................................................. 40
Division 2—List of non‑government schools 41
47.......... List of non‑government schools....................................................... 41
Division 3—List of approved school systems 43
48.......... List of approved school systems..................................................... 43
Part 4—Varying lists 44
Division 1—Simplified outline of Part 44
49.......... Simplified outline.............................................................................. 44
Division 2—Varying lists of non‑government schools
and approved school systems 45
50.......... Varying list of non‑government schools........................................... 45
51.......... Varying list of approved school systems......................................... 46
Division 3—Change of funding level 48
52.......... Application to change funding level of non‑government
school due to incorrect SES score etc. 48
53.......... Change of funding level of non‑government
school due to incorrect SES score etc. 48
Division 4—Change of approved authority 50
54.......... Application of Division.................................................................... 50
55.......... How to obtain Ministerial approval of proposal............................. 50
56.......... Decision by Minister on application................................................ 50
57.......... Varying list of non‑government schools........................................... 51
Division 5—Change in systemic status 52
58.......... Proposal for a non‑systemic school to
become a member of an approved school system 52
59.......... Proposal for a school to cease to be a member of
an approved school system 53
Division 6—Changes to schools or education provided 55
60.......... Application to vary list of non‑government
schools........................ 55
61.......... Decision by Minister on application................................................ 56
62.......... Prerequisites for variation of list...................................................... 57
63.......... Application relating to previous program year................................ 58
Division 7—Miscellaneous 59
64.......... Variation to include funding level in certain
circumstances.............. 59
65.......... Minister to give notice to authority of
determination...................... 59
66.......... Determination may be given retrospective effect............................. 59
67.......... Overseas students disregarded.......................................................... 60
Part 5—Grants for education at government schools 61
Division 1—Grants for general recurrent expenditure 61
68.......... Grants for general recurrent expenditure.......................................... 61
Division 2—Capital grants 62
69.......... Authorising payments of capital grants........................................... 62
Part 6—Grants for non‑government schools 63
Division 1—Simplified outline of Part 63
70.......... Simplified outline.............................................................................. 63
Division 2—Grants for general recurrent expenditure 64
Subdivision A—Simplified outline of Division 64
71.......... Simplified outline.............................................................................. 64
Subdivision B—Application 64
72.......... Application of Division.................................................................... 64
73.......... Application of Subdivision C—current SES funding....................... 64
74.......... Application of Subdivision D—maintained year 2000
funding....... 65
75.......... Application of Subdivision E—maintained Catholic
school funding 66
76.......... Application of Subdivision F—guaranteed year 2004
SES funding. 67
77.......... Application of Subdivision G—special schools and
special assistance schools 68
Subdivision C—Current SES funding 69
78.......... Authorising payments for non‑systemic
schools............................. 69
79.......... Authorising payments for approved school systems...................... 69
80.......... Primary student amount................................................................... 70
81.......... Secondary student amount............................................................... 71
Subdivision D—Maintained year 2000 funding 71
82.......... Authorising payments for non‑systemic
schools............................. 71
83.......... Authorising payments for approved school systems...................... 72
84.......... Primary student amount................................................................... 72
85.......... Secondary student amount............................................................... 73
Subdivision E—Maintained Catholic school funding 73
86.......... Authorising payments for approved Catholic school
systems........ 73
87.......... Primary student amount................................................................... 74
88.......... Secondary student amount............................................................... 74
Subdivision F—Guaranteed year 2004 SES funding 75
89.......... Authorising payments for non‑systemic
schools............................. 75
90.......... Authorising payments for approved school systems...................... 76
91.......... Primary student amount................................................................... 76
92.......... Secondary student amount............................................................... 77
Subdivision G—Special schools and special assistance schools 77
93.......... Authorising payments for non‑systemic
schools............................. 77
94.......... Authorising payments for approved school systems...................... 78
95.......... Primary student amount................................................................... 78
96.......... Secondary student amount............................................................... 79
Subdivision H—Distance education amounts 79
97.......... Primary distance education student amount..................................... 79
98.......... Secondary distance education student amount................................. 79
Division 3—Capital grants 81
99.......... Authorisation of payment of capital grants..................................... 81
Division 4—Other grants for non‑government rural
student hostels 82
100........ Authorisation of payment of other grants for non‑government
rural student hostels 82
Division 5—Grants of short term emergency assistance 83
101........ Grants of short term emergency assistance...................................... 83
Division 6—Grants to provide establishment assistance 84
102........ Grants to provide establishment assistance..................................... 84
Part 7—Grants for education in country areas 86
103........ Object of Part................................................................................... 86
104........ Grants for government schools in country areas.............................. 86
105........ Grants for non‑government schools in country
areas....................... 86
106........ Ceiling for grants under this Part...................................................... 86
Part 8—Grants to foster languages education 87
107........ Object of Part................................................................................... 87
108........ Grants for government schools etc................................................... 87
109........ Grants for non‑government schools................................................. 87
110........ Grants for national projects to foster languages
education............... 88
111........ Ceiling for grants under this Part...................................................... 88
Part 9—Grants for teaching English to new arrivals 89
112........ Object of Part................................................................................... 89
113........ Grants for teaching English as a second language
in government schools 89
114........ Grants for teaching English as a second language
in non‑government schools 89
Part 10—Literacy, numeracy and special learning needs 91
Division 1—Object of Part 91
115........ Object of Part................................................................................... 91
Division 2—Grants for schools 92
116........ Grants for government schools and centres...................................... 92
117........ Grants for non‑government schools................................................. 92
118........ Grants for both government schools and centres and
non‑government schools 93
Division 3—Grants for non‑government centres 94
119........ Grants for non‑government centres.................................................. 94
Division 4—Grants for national projects 95
120........ Grants for national projects.............................................................. 95
Part 11—Miscellaneous 96
Division 1—Average Government School Recurrent Costs 96
121........ Changes to Average Government School Recurrent
Costs............... 96
122........ Changes to amounts for primary education...................................... 96
123........ Changes to amounts for secondary education.................................. 97
Division 2—Cost supplementation 98
124........ Recurrent grants—general................................................................. 98
125........ Recurrent grants—guarantee amounts.............................................. 99
126........ Capital grants for government schools and non‑government
schools 99
127........ Other grants for non‑government rural
student hostels.................... 99
Division 3—Timing of payments etc. 101
128........ Minister may fix amounts and times of payment of
financial assistance 101
129........ Advances........................................................................................ 101
130........ Determination authorising the making of payments
may authorise Minister to determine amounts of payments........................................................................................................ 101
Division 4—False or misleading statements 102
131........ Payment reduction for false or misleading
statement..................... 102
132........ Change of SES score due to false or misleading
statement............. 103
Division 5—Appropriation and authority to borrow 104
133........ Appropriation................................................................................ 104
134........ Authority to borrow....................................................................... 104
Division 6—Administrative matters 105
135........ Determinations, approvals etc. by Minister.................................. 105
136........ Revocation or variation of determinations or
approvals by Minister 105
137........ Delegation....................................................................................... 106
138........ Report by Minister........................................................................ 106
Division 7—Overseas students 108
139........ Overseas students........................................................................... 108
Division 8—Regulations 109
140........ Regulations..................................................................................... 109
Part 12—Transitional provisions 110
141........ Application of this Part.................................................................. 110
142........ Approved authority....................................................................... 110
143........ Levels of education......................................................................... 110
144........ Previous list of non‑government schools........................................ 110
145........ Previous list of approved school systems...................................... 111
146........ SES scores and funding levels of existing non‑systemic
schools.... 111
147........ SES scores and funding levels of existing systemic
schools........... 112
148........ Overseas students........................................................................... 112
149........ Block grant authority...................................................................... 113
150........ Regulations..................................................................................... 113
151........ Guidelines....................................................................................... 114
Schedule 1—Average Government School Recurrent Costs
(AGSRC) 115
Schedule 2—General recurrent grants for government
schools 116
Schedule 3—Capital grants for government schools 117
Schedule 4—General recurrent grants for non‑government
schools 118
Part 1—Current SES funding for primary education 118
Part 2—Current SES funding for secondary education 121
Part 3—Year 2000 funding for primary education 123
Part 4—Year 2000 funding for secondary education 124
Schedule 5—Capital grants for non‑government
schools 125
Schedule 6—Other grants for non‑government rural
student hostels 126
Schedule 7—Grants of short term emergency assistance for
non‑government schools 127
Schedule 8—Grants for targeted assistance 128
Part 1—Grants for targeted assistance 128
Part 2—ESL new arrivals amount 129
Schedule 9—Grants for literacy, numeracy and special learning
needs 130
Part 1—Grants for literacy, numeracy and special learning
needs 130
Part 2—Strategic assistance amounts 131
Notes 133
An Act to grant financial assistance to the States for 2005 to
2008 for primary and secondary education, and for related purposes
Part 1—Preliminary
1
Short title [see
Note 1]
This Act may be cited as the Schools
Assistance (Learning Together—Achievement Through Choice and Opportunity)
Act 2004.
2
Commencement
This Act commences, or is taken to have
commenced, on 1 January 2005.
3
Simplified outline of Act
(1) This section is a simplified outline of
this Act.
(2) Financial assistance may be paid to the
States for both government and non‑government schools in the States for:
(a) the 2005 to 2008 calendar years
(for grants for general recurrent expenditure and expenditure for specific
purposes); and
(b) the 2005 to 2011 calendar years
(for grants for capital expenditure).
(3) Payments may be authorised only for the
purposes in Parts 5 to 10.
(4) Financial assistance to a State for
government schools must not be paid unless there is an agreement with the
State. The agreement must set out the conditions on financial assistance,
including conditions that this Act requires the agreement to include.
(5) Financial assistance to a State for a non‑government
school or system of schools must not be paid unless:
(a) there is an agreement with the
relevant authority of the school or system that sets out the requirements that
this Act requires the agreement to include; and
(b) the list of non‑government
schools includes the school, or the schools in the system.
(6) If there is a breach of a condition, the
Minister may require an amount to be repaid to the Commonwealth. Alternatively,
the Minister may reduce or delay the amount of other payments under this Act.
4
Definitions
In this Act, unless the contrary
intention appears:
AGSRC, for primary education for a program
year, means:
(a) the Average Government School
Recurrent Costs in Schedule 1 for primary education for the program year;
or
(b) if regulations are made for the
purposes of subsection 121(1) for primary education for the program year—the amount
specified in the regulations for that year.
AGSRC, for secondary education for a program
year, means:
(a) the Average Government School
Recurrent Costs in Schedule 1 for secondary education for the program
year; or
(b) if regulations are made for the
purposes of subsection 121(1) for secondary education for the program year—the
amount specified in the regulations for that year.
approved authority means a body determined
under section 9 to be an approved authority.
approved Catholic school system means a
school system:
(a) that is included in the list of
approved school systems kept under section 48; and
(b) for which the relevant authority
is a Catholic education authority.
approved government school community organisation
means a body corporate determined under section 11 to be an approved
government school community organisation.
approved school system means a school system
that is included in the list of approved school systems kept under section 48.
authorised person has the meaning given by
subsection 18(4).
block grant authority means a body corporate
that the Minister determines to be a block grant authority for the purposes of
Division 3 of Part 6 in connection with non‑government schools
or non‑government rural student hostels.
body means any organisation or body, whether
incorporated or not, or an individual.
capital expenditure includes expenditure
relating to any one or more of the following:
(a) investigating the need for:
(i) schools, government
rural student hostels or non‑government rural student hostels in
particular areas; or
(ii) schools, government
rural student hostels or non‑government rural student hostels of
particular kinds in particular areas; or
(iii) buildings, parts of
buildings, other facilities or equipment;
(b) purchasing land, with or without
buildings or parts of buildings;
(c) planning for the erection,
alteration, extension, demolition or refurbishment of a building, part of a
building or other facility;
(d) developing or preparing land for
building or other purposes;
(e) erecting, altering, extending,
demolishing or refurbishing a building, part of a building or other facility;
(f) installing or upgrading water,
electricity or any other services;
(g) providing equipment, including
information technology equipment;
(h) providing furniture;
(i) providing library materials or
obtaining services and goods for cataloguing a library;
(j) payment to a block grant
authority for its administrative expenses.
child with disabilities means either:
(a) a child:
(i) who has not reached
school age; and
(ii) in respect of whom a
disability assessment has been made; or
(b) a child:
(i) who is of school age;
and
(ii) who does not attend a
government school, a government centre, a non‑government school or a non‑government
centre; and
(iii) in respect of whom a
disability assessment has been made.
current SES funding level, for a school with
a particular SES score, means the percentage of AGSRC in column 2 of the table
in each of Parts 1 and 2 of Schedule 4 that relates to that SES
score.
disability assessment, for a child or a
student, means an assessment, by a person with relevant qualifications, that
the child or student has an intellectual impairment, a sensory impairment, a
physical impairment, a social impairment, an emotional impairment or more than
one of those impairments to a degree that satisfies the criteria for
eligibility to access:
(a) special education services; or
(b) special education programs;
provided by the Government of the State in which the child
or student resides.
Education Assistance Act means this Act, the
former Act, the 1996 Act or the 1992 Act.
education in English as a second language for
eligible new arrivals means education that is provided for the purpose
of teaching the English language to eligible new arrivals by means of intensive
instruction.
eligible new arrival means a person:
(a) whose first language is not
English; and
(b) who satisfies criteria determined
by the Minister for the purposes of this paragraph for being a person newly
arrived in Australia; and
(c) to whom one or more of the
following subparagraphs applies:
(i) the person is an
Australian citizen;
(ii) the person holds a
permanent visa in force under the Migration Act 1958;
(iii) the person is included
in a permanent visa in force under that Act;
(iv) the person is not an
Australian citizen but has his or her permanent home in the Territory of Christmas
Island or in the Territory of Cocos (Keeling) Islands;
(v) the person satisfies
criteria determined by the Minister for the purposes of this subparagraph.
A determination under subparagraph (c)(v)
of this definition may take effect from a day before the day on which the
determination was made, but not before 1 January 2005.
ESL course means a course designed to teach
English as a second language.
ESL new arrivals amount, for a program year,
means the amount in Part 2 of Schedule 8 for the program year.
former Act means the States Grants
(Primary and Secondary Education Assistance) Act 2000.
funding level has the meaning given by
section 6.
government centre means a place conducted by
or on behalf of the Government of a State at which special education is
provided.
government educational institution has the
meaning given by subsection 108(2).
government rural student hostel means a
hostel in a State whose primary purpose is to provide accommodation for
students from rural areas who are undertaking education at government schools
in the State (whether or not it also provides accommodation for other
students), but does not include a hostel that is conducted for profit.
government school, in relation to a State,
means a school in the State that is conducted by or on behalf of the Government
of the State.
guardian, in relation to a child, includes a
person who has been granted (whether alone or jointly with another person or
other persons) guardianship of the child under the law of the Commonwealth or
of a State or Territory.
level of education means a thing determined
under section 7.
list of approved school systems means the
list of approved school systems kept under section 48.
list of non‑government schools means
the list of non‑government schools kept under section 47.
location proposal has the meaning given by
subsection 60(2).
new school proposal has the meaning given by
subsection 60(4).
nominated authority means a body nominated
under section 10.
non‑government body means a body that
is not managed or controlled by or on behalf of the Government of a State and:
(a) includes an approved school
system, a systemic school, a non‑systemic school, a non‑government
centre and a non‑government rural student hostel; and
(b) for the purposes of grants under
section 99 or 100 for projects in connection with non‑government
rural student hostels—includes a local government body;
but does not include an approved government school
community organisation.
non‑government centre has the meaning
given by subsection 119(3).
non‑government rural student hostel
means a hostel:
(a) that is in a State; and
(b) that is conducted by a non‑government
body; and
(c) whose primary purpose is to
provide accommodation for students from rural areas who are undertaking
education at schools in the State (whether or not it also provides
accommodation for other students);
but does not include a government rural student hostel or
a hostel that is conducted for profit.
non‑government school means a school in
a State that is not conducted by or on behalf of the Government of a State, but
does not include a school conducted for profit.
non‑systemic school means a non‑government
school that:
(a) is not included in an approved
school system; and
(b) is in the list of non‑government
schools as not being included in an approved school system.
number of primary distance education students,
for a non‑government school in a State for a program year, means the
number of students (including the full‑time equivalent of part‑time
students) receiving primary distance education at the school on the schools
census day for the school for the program year.
number of primary students, for a non‑government
school in a State for a program year, means the number of students (including
the full‑time equivalent of part‑time students) receiving primary
education at the school on the schools census day for the school for the program
year, but not including students receiving primary distance education.
number of secondary distance education students,
for a non‑government school in a State for a program year, means the
number of students (including the full‑time equivalent of part‑time
students) receiving secondary distance education at the school on the schools
census day for the school for the program year.
number of secondary students, for a non‑government
school in a State for a program year, means the number of students (including
the full‑time equivalent of part‑time students) receiving secondary
education at the school on the schools census day for the school for the
program year, but not including students receiving secondary distance
education.
overseas student has the meaning given by
subsection 67(2).
program year means:
(a) the 2005, 2006, 2007 or 2008
calendar year; or
(b) in relation to capital grants—the
2005, 2006, 2007, 2008, 2009, 2010 or 2011 calendar year.
public service employee means an APS
employee.
Note: APS employee is defined in the Acts
Interpretation Act 1901.
qualified accountant means a person who:
(a) is registered, or is taken to be
registered, as a company auditor under Part 9.2 of the Corporations Act
2001; or
(b) is a member of CPA Australia or
the Institute of Chartered Accountants in Australia; or
(c) is approved by the Minister as a
qualified accountant for the purposes of this Act.
recurrent expenditure means expenditure
relating to the ongoing operating costs of schools.
relevant authority, for a non‑government
body, means:
(a) the approved authority or
nominated authority for the body; or
(b) in respect of a payment for a
project administered by a block grant authority—the block grant authority.
relevant Minister, in relation to a provision
of the former Act, means (except in a reference to a State Minister) the
Minister who administered that provision.
school includes a proposed school, but does
not include a school at which education is provided at a standard (however
described) that is pre‑school standard only.
schools census day, for a State for a program
year, means the day in that year (being a day as close as possible to 1 August
in that year) that the State Minister notifies the Minister is the schools
census day for the State for that year.
schools census day means:
(a) for a non‑systemic school,
or an approved school system, in a State for a program year—the schools census
day for the State for that program year; or
(b) for a non‑systemic school,
or an approved school system, for a program year and in relation to which the
Minister has, because of special circumstances, declared a particular day in
that program year to be the schools census day for the school or system for
that program year—the day so declared; or
(c) for a non‑systemic school,
or an approved school system, in a State for a program year if:
(i) paragraphs (a)
and (b) do not apply; and
(ii) the State Minister and
the Minister have agreed that a particular day in that program year is to be
the schools census day for the school or system for that program year;
the day so agreed.
secondary education means junior secondary
education or senior secondary education.
section 30 agreement means an agreement
made as mentioned in section 30.
SES score has the meaning given by section 8.
special assistance school means a non‑government
school in a State that:
(a) has been, or is likely to be,
recognised by the State Minister as a special assistance school; and
(b) primarily caters for students with
social, emotional or behavioural difficulties.
special education means education under
special programs, or special activities, designed specifically for children
with disabilities or students with disabilities, or both.
special school means a school in a State
that:
(a) has been, or is likely to be,
recognised by the State Minister as a special school; and
(b) provides special education.
State includes the Australian Capital
Territory and the Northern Territory.
State Minister, for a State, means the
Minister of the State who is responsible, or primarily responsible, for the
administration of matters relating to school education in the State.
student with disabilities means a student:
(a) who attends a government school, a
government centre, a non‑government school (whether or not as a distance
education student) or a non‑government centre; and
(b) in respect of whom a disability
assessment has been made.
systemic school means a non‑government
school that:
(a) is included in an approved school
system; and
(b) is in the list of non‑government
schools as being included in an approved school system.
the 1992 Act means the States Grants
(Primary and Secondary Education Assistance) Act 1992.
the 1996 Act means the States Grants
(Primary and Secondary Education Assistance) Act 1996.
year 2000 funding level, for a school, means
the percentage of AGSRC in column 1 of the table in each of Parts 3 and 4
of Schedule 4 to the former Act that was used to determine amounts payable
in respect of the school for the 2004 program year.
year 2004 funding level, for a school, means
the percentage of AGSRC in column 2 of the table in each of Parts 1 and 2
of Schedule 4 to the former Act that was used to determine amounts payable
in respect of the school for the 2004 program year.
year 2004 primary amount, for a school, means
the amount in column 6 of the table in Part 1 of Schedule 4 to the
former Act that was used to determine amounts payable in respect of the school
for the 2004 program year.
year 2004 secondary amount, for a school,
means the amount in column 6 of the table in Part 2 of Schedule 4 to
the former Act that was used to determine amounts payable in respect of the
school for the 2004 program year.
5
Students receiving education at non‑government schools
(1) For the purposes of this Act, a student
is taken not to be receiving primary education or not to be receiving secondary
education (as appropriate) at a non‑government school unless:
(a) the student attends, on a daily
basis, the school at a location specified in the list of non‑government
schools in respect of the school; or
(b) the Minister has determined that
the student is to be treated (because of special circumstances) as so attending
the school.
(2) For the purposes of this Act, a student
is taken not to be receiving primary distance education or not to be receiving
secondary distance education (as appropriate) at a non‑government school
in a State if:
(a) the student does not reside in the
State; or
(b) the school is not approved in
accordance with the law of the State in which the school is located to provide
distance education; or
(c) the student is approved as a home
education student (however described) in accordance with the law of the State
in which the student resides.
6
Funding level
For the purposes of this Act, funding
level, for a school, means:
(a) the school’s current SES funding
level if Subdivision C or F of Division 2 of Part 6 is used to work
out the funding for the school’s general recurrent expenditure; or
(b) the school’s year 2000 funding
level if Subdivision D of Division 2 of Part 6 is used to work out
the funding for the school’s general recurrent expenditure; or
(c) the school’s year 2004 funding
level if Subdivision E of Division 2 of Part 6 is used to work out
the funding for the school’s general recurrent expenditure; or
(d) 70.0% of AGSRC if Subdivision G of
Division 2 of Part 6 (which deals with special schools and special
assistance schools) is used to work out the funding for the school’s general
recurrent expenditure.
7
Levels of education
(1) For the purposes of this Act, the
Minister may make a determination declaring what is a level of primary
education or a level of secondary education for a State. The determination may
relate to:
(a) education provided at schools
generally; or
(b) education provided at schools
included in a particular class of schools.
(2) In making a determination under subsection (1),
the Minister must have regard to the arrangements made for providing education
at government schools in the State. This does not limit the matters to which
the Minister may have regard.
(3) The Minister must cause a copy of each
determination under subsection (1) to be published in the Gazette
as soon as practicable after the determination is made.
(4) A reference in this Act to a level of
education at a school in a State includes a reference to a year in a course of
primary education or secondary education provided at the school at a level,
determined by the Minister, that applies to the school.
8 SES
score
(1) For the purposes of this Act, an SES
score means a whole number determined by the Minister for a school in
accordance with guidelines approved by the Minister.
(2) Guidelines approved by the Minister for
the purposes of subsection (1) are a legislative instrument for the purposes
of the Legislative Instruments Act 2003.
9
Approved authority
The Minister may determine that a body
is the approved authority of:
(a) an approved school system; or
(b) a non‑systemic school; or
(c) a non‑government school; or
(d) a non‑government rural
student hostel; or
(e) another non‑government body;
for the purposes of the provision of this Act in which the
expression appears.
10
Nominated authority
A group of non‑government schools
may make a written nomination to the Secretary of the Department of a body to
be the nominated authority of the group for the purposes of this
Act or of a particular provision or particular provisions of this Act.
11
Approved government school community organisation
The Minister may determine that a body
corporate that the Minister is satisfied:
(a) is connected with a government
school; and
(b) represents the school’s community;
is the approved government school community
organisation for the school for the purposes of this Act.
Part 2—General provisions relating to grants
Division 1—Simplified outline of Part
12
Simplified outline
(1) This section is a simplified outline of
this Part.
Government schools
(2) Financial assistance to a State for
government schools (other than assistance referred to in subsection (5))
must not be paid unless there is an agreement between the Commonwealth and the
State.
(3) The agreement must set out the conditions
of financial assistance required by Division 2. The agreement may also set
out other conditions.
(4) If there is a breach of a condition, the
Minister may require an amount to be repaid to the Commonwealth. Alternatively,
the Minister may reduce or delay the amount of other payments under this Act.
Approved government school community
organisations—section 69
(5) Financial assistance to a State under
section 69 for an approved government school community organisation must
not be paid unless there is an agreement between the Commonwealth and the
organisation.
(6) The agreement must set out the conditions
of financial assistance required by Division 3. The agreement may also set
out other conditions.
(7) If there is a breach of a condition, the
Minister may require an amount to be repaid to the Commonwealth. Alternatively,
the Minister may reduce or delay the amount of other payments under section 69.
Non‑government schools
(8) Financial assistance to a State for a non‑government
school or system must not be paid unless there is an agreement between the
Commonwealth and the relevant authority of the school or system that sets out
the requirements mentioned in Division 4. The agreement may also set out
other requirements.
(9) If there is a breach of a requirement,
the Minister may require an amount to be repaid to the Commonwealth.
Alternatively, the Minister may reduce or delay the amount of other payments
for the non‑government school under this Act.
(10) The grant to a State of financial
assistance for a non‑government school for a program year is subject to
conditions.
Division 2—Grants for government schools
13
Division does not apply in relation to financial assistance under section 69
for approved government school community organisations
Nothing in this Division applies in
relation to financial assistance paid or payable to a State under section 69
for an approved government school community organisation.
Note: This kind of financial assistance is covered
by agreements to which Division 3 applies.
14
Agreement on conditions of financial assistance
(1) The Minister must not authorise a payment
to a State under a provision of this Act for government schools for a program
year unless the State has made an agreement with the Commonwealth that sets
out:
(a) a commitment by the State to the
National Goals for Schooling prepared by the Ministerial Council on Education,
Employment, Training and Youth Affairs; and
(b) a commitment by the State to
achieve the performance targets, and report against the performance measures,
specified in the regulations; and
(c) a commitment by the State to the
publication, within one year after the end of each program year, of a national
report on the outcomes of schooling; and
(d) a commitment by the State to
ensure that school performance information is made publicly available; and
(e) a commitment by the State to report
to the Minister about student attendance at each government school in the
State, in a manner that is meaningful and allows ready comparisons to be made
between different States; and
(f) a commitment by the State to the
development, before 1 January 2006, of Statements of Learning that
describe the key knowledge, understandings, skills and capacities in English,
mathematics, science, civics and citizenship education, and information and
communications technology, that each child should have the opportunity to
acquire at school;
