An Act to provide targeted financial assistance to advance the
education of Indigenous persons, and for related purposes
This
Act may be cited as the Indigenous
Education (Targeted Assistance) Act 2000.
This
Act commences on the day on which it receives the Royal Assent.
Making of agreements
(1) This Act allows the Minister to make an
agreement with an education provider or other person or body authorising the
making of payments during the 2001 to 2009 calendar years.
Agreements with education providers
(2) For an agreement with an education provider,
the payments may be for recurrent expenditure of the provider in those years,
for ABSTUDY approved courses run by the provider in those years or for
particular projects.
Agreements with other persons or bodies
(3) For an agreement with another person or body,
the payments may be for particular projects.
Payments must be for advancing the objects of this Act
(4) The payments under an agreement must be for
advancing the objects of this Act.
Amount of the payments
(5) The amount of the payments must be specified
in the agreement or worked out in accordance with the agreement.
Recovery of payments
(6) If there is a breach of a condition in an
agreement, the Minister may require an amount to be repaid to the Commonwealth.
If the amount is not repaid, other payments under the agreement may be reduced
or the Commonwealth may recover an amount as a debt.
In
this Act, unless the contrary intention appears:
ABSTUDY approved course means a course that:
(a) is provided through a mixture of distance
education and either or both of the following:
(i) residential education;
(ii) face‑to‑face education; and
(b) is provided at a higher education institution
or a vocational education and training institution; and
(c) is approved as a mixed mode away‑from‑base
course under the ABSTUDY Scheme.
ABSTUDY payment means a payment of the kind mentioned in
paragraph 10(1)(b) that is made under an agreement made under section 10.
advancing the objects of this Act includes, but is not limited
to, the following:
(a) publicising this Act, its objects and how it
achieves those objects;
(b) monitoring or evaluating the effectiveness of
this Act in advancing its objects;
(c) monitoring or evaluating the effectiveness of
an agreement made under this Act in advancing the objects of this Act.
education provider means:
(a) a State or Territory; or
(b) a university or other institution providing
post‑secondary education; or
(c) a person or body conducting, or associated
with, an educational system or educational institution; or
(d) a person qualified to carry out research, or
give advice, about education.
Finance Minister means the Minister administering the Financial Management and Accountability Act
1997.
funding year means
the 2001 calendar year, the 2009 calendar year, or any calendar year between
those years.
higher education institution means an institution within the
meaning of section 4 of the Higher
Education Funding Act 1988.
Indigenous person means:
(a) a member of the Aboriginal race of Australia;
or
(b) a descendant of the Indigenous inhabitants of
the Torres Strait Islands.
non‑ABSTUDY payment means a payment (other than an
ABSTUDY payment) that is made under an agreement made under this Act.
other party, in relation to an agreement made under
section 10, means the party, or each party, making the agreement with the
Commonwealth.
Note: If there
is only one such party, references in this Act to each other party, or to one
of the other parties, are taken to be references to that party.
performance indicators, in relation to an agreement made under
section 10, means the performance indicators specified in the agreement.
performance targets, in relation to an agreement made under
section 10, means the performance targets specified in the agreement.
Territory means the Australian
Capital Territory or the Northern
Territory.
vocational education and training institution means an institution in a State or
Territory that:
(a) is registered as an institution providing
vocational education and training by the appropriate State or Territory
authority; and
(b) is receiving or is eligible to receive funding
from the appropriate State or Territory authority; and
(c) provides courses that are accredited under
State or Territory requirements for the accreditation of vocational education
and training courses; and
(d) is not conducted for profit.
It
is an object of this Act to achieve equitable and appropriate educational
outcomes for Indigenous people by:
(a) arrangements for the adequate preparation of
Indigenous children for primary and later schooling through preschool
education; and
(b) arrangements enabling Indigenous children to
attain, through compulsory primary and secondary education, commensurate skills
and standards of skills as those attained by other Australian children; and
(c) arrangements enabling Indigenous secondary
students to attain the same rate of successful completion of Year 12, or its
equivalents, as that attained by other Australian secondary students; and
(d) arrangements enabling Indigenous students
participating in post‑secondary education to attain the same graduation
rates as those attained by other students so participating; and
(e) developing programs to support the maintenance
and continued use of the languages of Indigenous people; and
(f) the provision of community education services
to enable Indigenous people to manage the development of their communities; and
(g) arrangements enabling Indigenous students to
attain better literacy and numeracy skills, and to attain better attendance
outcomes, through access to priority Commonwealth education initiatives and
strategic projects; and
(h) arrangements for education that will enable
Indigenous adults with limited or no educational experience to attain
proficiency in numeracy, the English language and life skills; and
(i) education enabling Indigenous students to
appreciate the history, culture and identity of Indigenous people; and
(j) education enabling all Australian students to
understand and appreciate the traditional and contemporary culture of
Indigenous people.
It is an object of this Act to ensure that
Indigenous people enjoy equality with other Australians in their access to
education and, in particular, to ensure:
(a) that Indigenous children who are below primary
school age enjoy equality with other Australian children of that age in their
access to preschool education; and
(b) that all Indigenous children have local access
to compulsory primary and secondary schooling; and
(c) that Indigenous people have equitable access
to other secondary and post‑secondary education.
It
is an object of this Act to ensure equity of participation by Indigenous people
in education and, in particular, to ensure:
(a) the participation of Indigenous children in
preschool education for a period similar to that during which other Australian
children participate in that education; and
(b) that all Indigenous children participate in
compulsory primary and secondary schooling; and
(c) that the rate of participation of Indigenous
people in other secondary and post‑secondary education is equivalent to
that of other Australians.
It
is an object of this Act to increase the involvement of Indigenous people in
the making of decisions concerning education by:
(a) the establishment of effective arrangements
for the participation of Indigenous parents and other Indigenous people in
decisions concerning the planning, delivery and evaluation of preschool,
primary and secondary education for Indigenous children; and
(b) the establishment of effective arrangements
for the participation of Indigenous students and other Indigenous people in
decisions concerning the planning, delivery and evaluation of post‑school
education to Indigenous people; and
(c) an increase in the number of Indigenous people
who are employed or otherwise involved in education:
(i) as administrators, teachers, teaching
assistants, researchers, student services officers, curriculum advisers and
community liaison officers; and
(ii) as
special teachers of the culture, history, contemporary society and languages of
Indigenous people;
or
otherwise; and
(d) the provision of education and training to
develop the skills of Indigenous people that are relevant to their
participation in the making of decisions concerning education; and
(e) the development of arrangements to secure
independent advice from communities of Indigenous people concerning educational
decisions to be taken at local, regional, State and Territory, and national
levels.
It
is an object of this Act to encourage the development of education services
that are culturally appropriate for Indigenous people by:
(a) the development of curricula that are suited
to:
(i) the education of Indigenous students; and
(ii) the training of professional educators
(including administrators, teachers, teaching assistants, researchers, student
services officers, curriculum advisers and community liaison officers) who are
involved in the education of Indigenous students; and
(b) the development of teaching methods and
techniques that are suited to the learning styles of Indigenous students; and
(c) the promotion of research to devise innovative
methods to deliver education services to Indigenous students; and
(d) the promotion of research to devise methods to
eliminate barriers to educational attainment encountered by Indigenous
students; and
(e) the conduct of pilot studies to test the
effectiveness of the methods referred to in paragraphs (c) and (d).
(1) The Minister may, on behalf of the
Commonwealth, make an agreement with an education provider that does one or
more of the following:
(a) authorises the making of one or more payments
to the provider for its recurrent expenditure in one or more specified funding
years that is for the purpose of advancing the objects of this Act;
(b) authorises the making of one or more payments
to the provider for one or more specified ABSTUDY approved courses that are run
by the provider in one or more specified funding years;
(c) authorises the making of one or more payments
to the provider, or to another person or body, for one or more specified
projects whose purpose is to advance the objects of this Act.
Amount of payments for recurrent expenditure
(2) The
amount or amounts of the one or more payments for recurrent expenditure for
each funding year covered by the agreement must be:
(a) specified in the agreement; or
(b) worked out in accordance with the agreement.
Amount of payments for ABSTUDY approved courses
(3) The
amount or amounts of the one or more payments for each ABSTUDY approved course
covered by the agreement must be:
(a) specified in the agreement; or
(b) worked out in accordance with the agreement.
Amount of payments for particular projects
(4) The
amount or amounts of the one or more payments for each project covered by the
agreement must be:
(a) specified in the agreement; or
(b) worked out in accordance with the agreement.
Notice in Gazette
(5) The Minister must, by notice in the Gazette, publish details of any
agreement made under this section.
(1) The Minister may, on behalf of the
Commonwealth, make an agreement with a person or body (including an education
provider) authorising the making of one or more payments to the person or body
for one or more specified projects whose purpose is to advance the objects of
this Act.
Amount of the payments
(2) The amount or amounts of the one or more
payments for each project covered by the agreement must be:
(a) specified in the agreement; or
(b) worked out in accordance with the agreement.
(1) The Minister must not make an agreement under
section 10 unless the agreement specifies the following commitments by
each other party:
(a) a commitment to advance the objects of this
Act;
(b) a commitment to achieve the performance
targets.
(2) The agreement may also specify other
commitments.
(1) The Minister must not make an agreement under
section 10 unless the agreement specifies the following conditions:
(a) a condition that payments received under the
agreement by each other party be spent by the party for the purposes specified
in the agreement;
(b) the conditions mentioned in Subdivisions B and
C;
(c) a condition that reports covered by
paragraph (b) must be given to the Secretary of the Department at the
times, and in the manner, required by the agreement;
(d) a condition that each other party give to the
Minister any reports:
(i) of a kind or kinds required by the Minister;
and
(ii) at the times, and in the manner, required by
the Minister.
(2) The Minister must not make the agreement
unless the agreement specifies that the payments under the agreement are made
on the conditions described in subsection (1).
(3) The agreement may also specify other
conditions, and that the payments under the agreement are made on those
conditions.
There
must be a condition that, for each funding year covered by the agreement, each
other party give the Secretary of the Department a certificate:
(a) made by a person authorised to do so by the
agreement; and
(b) specifying whether the payments to the party
for the funding year have been spent
(or committed to be spent) in that year for the purposes specified in the
agreement.
(1) There must be a condition that each other
party report how the party has advanced, and intends to advance, the objects of
this Act from funds coming from sources other than the following:
(a) this Act;
(b) the States
Grants (Primary and Secondary Education Assistance) Act 2000 (the States
Grants Act);
(c) any Act:
(i) applying to periods ending after the last
period covered by the States Grants Act; and
(ii) having purposes similar to the States Grants
Act.
(2) This condition must require, for each funding
year covered by the agreement, a report covering:
(a) such funds spent (or committed to be spent) by
the party in the funding year; and
(b) such funds expected to be spent (or to be
committed for spending) by the party in the next funding year; and
(c) the information required by the agreement
about those funds.
(1) There must be a condition that each other
party complies with the requirements specified in the agreement about reporting
on performance against the performance indicators and performance targets.
(2) This condition may include a requirement to
report on performance against the performance indicators in a way that gives
data for different geographical regions. This subsection does not limit
subsection (1).
(1) If the Minister thinks one of the other
parties is not achieving the performance targets, the Minister may direct the
party to take the action specified in the direction.
(2) There must be a condition that the party
complies with the requirements specified in the agreement about reporting on
the action taken in response to such a direction.
There
must be a condition that each other party does each of the following:
(a) participate in evaluating how effectively
projects, and initiatives, covered by the agreement advance the objects of this
Act;
(b) participate in data validation exercises;
in the manner, and by the times, specified in the
agreement.
Notice requiring repayment of amount
(1) If:
(a) a payment is made to an education provider
(the recipient),
or to another person or body (also the recipient), under an agreement made
under this Act; and
(b) the agreement sets out one or more conditions
on which the payment is made; and
(c) one or more of those conditions is breached;
the Minister may, by notice sent to the recipient, require
the recipient to repay to the Commonwealth the amount (the recoverable amount)
stated in the notice.
Limit on amount stated in the notice
(2) The recoverable amount cannot be more than the
payment made to the recipient.
Reduction in other payments
(3) The Minister may, by determination in writing,
reduce any other payment or payments authorised to be made under the agreement
by an amount or amounts not more than the outstanding balance (if any) of the
recoverable amount.
Commonwealth may recover an amount as a debt
(4) The Commonwealth may recover, as a debt in a
court of competent jurisdiction:
(a) the outstanding balance (if any) of the
recoverable amount;
less:
(b) the total of any reductions to a payment or
payments under subsection (3).
ABSTUDY
payments are to be made out of the Consolidated Revenue Fund, which is
appropriated accordingly.
1 January
2001 to 30 June 2002
(1) $129,897,000 is appropriated out of the
Consolidated Revenue Fund in respect of the period that starts on 1 January 2001 and ends on 30 June 2002 for the purpose of
making non‑ABSTUDY payments during that period.
1 January
2002 to 30 June 2003
(2) $128,605,000 is appropriated out of the
Consolidated Revenue Fund in respect of the period that starts on 1 January 2002 and ends on 30 June 2003 for the purpose of
making non‑ABSTUDY payments during that period.
1 January
2003 to 30 June 2004
(3) $132,942,000 is appropriated out of the
Consolidated Revenue Fund in respect of the period that starts on 1 January 2003 and ends on 30 June 2004 for the purpose of
making non‑ABSTUDY payments during that period.
1 January
2004 to 30 June 2005
(4) $134,005,000 is appropriated out of the
Consolidated Revenue Fund in respect of the period that starts on 1 January 2004 and ends on 30 June 2005 for the purpose of
making non‑ABSTUDY payments during that period.
Increasing the amount of the appropriations
(5) The regulations may make provision for
increasing the amounts mentioned in this section by reference to changes in an
index determined in writing by the Finance Minister for the purposes of this
section.
Appropriations—starting amounts
(1) Each amount specified in the following table
(as increased in accordance with subsection (2)) is appropriated out of
the Consolidated Revenue Fund for the purpose of making non‑ABSTUDY
payments during the specified period.
|
Appropriations for non‑ABSTUDY payments
|
|
Item
|
Starting amount
|
for the period starting on...
|
and ending on...
|
|
1
|
$231,890,000
|
1 January
2005
|
30 June 2006
|
|
2
|
$226,896,000
|
1 January
2006
|
30 June 2007
|
|
3
|
$227,769,000
|
1 January
2007
|
30 June 2008
|
|
4
|
$226,596,000
|
1 January
2008
|
30 June 2009
|
Increasing starting amounts
(2) The regulations may make provision for
increasing an amount mentioned in subsection (1) by reference to changes
in a specified index.
Each
provision of this Part that appropriates money out of the Consolidated Revenue
Fund operates separately from the other provisions that so appropriate money.
The
Minister may, by writing, delegate any of the Minister’s powers under this Act
to:
(a) the Secretary of the Department; or
(b) an APS employee in the Department.
As
soon as practicable after the end of each funding year, the Minister must cause
a report dealing with the following, in relation to that year, to be laid
before each House of the Parliament:
(a) performance information, in relation to each
State and Territory and in relation to the government and non‑government
sector, contained in the National Report on Schooling in Australia;
(b) information relating to Indigenous students
contained in any performance reports of the Ministerial Council for Employment,
Education, Training and Youth Affairs;
(c) the progress of the National Indigenous
Literacy and Numeracy Strategy;
(d) the number of Indigenous enrolments in the pre‑school
sector;
(e) the year 10 and year 12 retention rates for
Indigenous students;
(f) the number of Indigenous enrolments in post‑compulsory
education and training;
(g) the number of Indigenous students completing
post‑compulsory education and training;
(h) payments made under agreements made under this
Act, including totals of such payments in relation to each State and Territory
and in relation to the government and non‑government sector.
The
Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be
prescribed; or
(b) necessary or convenient to be prescribed for
carrying out or giving effect to this Act.