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Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Bill 2004

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; and

                     (g)  a commitment by the State to implement those Statements of Learning, either:

                              (i)  as part of the State’s next curriculum review if that review starts after 1 January 2006 and ends before 1 January 2008; or

                             (ii)  before 1 January 2008 if the State does not undertake such a curriculum review; and

                     (h)  a commitment by the State to put into place common testing standards in English, mathematics, science, civics and citizenship education, and information and communications technology; and

                      (i)  a commitment by the State to put into effect, before 1 January 2006, the National Safe Schools Framework endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs; and

                      (j)  a commitment by the State to provide, in the curriculum of each government school in the State, at least 2 hours of physical activity each school week for students undertaking primary education and junior secondary education at the school; and

                     (k)  a commitment by the State to give the principal, and the governing body, of each government school in the State strengthened autonomy over, and responsibility for, education programs, staffing, budget and other aspects of the school’s operations within a supportive framework of broad systemic policies; and

                      (l)  without limiting paragraph (k), a commitment by the State that appointments of staff in each government school in the State will be made with the approval of the principal, or the governing body, of the school; and

                    (m)  a commitment by the State to implement, before 1 January 2006, a consistent national system for the timely transmission between schools of student information relating to students moving interstate; and

                     (n)  a commitment by the State to ensure that the parents, guardians or other persons who have care and control of each child attending a government school in the State are given a report on the child’s achievement against the appropriate national benchmarks for years 3, 5 and 7; and

                     (o)  a commitment by the State to the achievement, before 1 January 2010, of:

                              (i)  national consistency in the age at which a child starts the educational level undertaken in the year starting one year before the child starts year 1; and

                             (ii)  a nationally consistent description for the educational level a child undertakes in the year starting 2 years before the child starts year 1; and

                            (iii)  a nationally consistent description for the educational level a child undertakes in the year starting one year before the child starts year 1; and

                     (p)  the commitment mentioned in section 15; and

                     (q)  the conditions mentioned in section 16; and

                      (r)  the conditions mentioned in sections 18, 19, 20 and 21.

             (2)  The agreement mentioned in subsection (1) may have been made before the commencement of this Act.

15   Further commitment—student reports

                   For the purposes of paragraph 14(1)(p), the agreement must include a commitment by the State to ensure that each government school in the State gives the parents, guardians or other persons who have care and control of each child attending the school student reports, relating to the child, that:

                     (a)  use plain language and are able to be readily understood by the parents, guardians or other persons who have care and control of the child; and

                     (b)  are timely and given at least twice in any program year; and

                     (c)  give an accurate and objective assessment of the child’s progress and achievement, including an assessment of the child’s achievement:

                              (i)  against national standards, if such standards are available; and

                             (ii)  relative to the performance of the child’s peer group at the school; and

                     (d)  are confidential and deal with the child’s academic and non-academic learning; and

                     (e)  are followed by an opportunity for the child and the parents, guardians or other persons who have care and control of the child to meet with the child’s teachers to discuss all aspects of the report and for the school to give constructive advice about supporting the child’s further progress at school; and

                      (f)  meet any other requirements specified in the regulations.

16   Further conditions of financial assistance

             (1)  For the purposes of paragraph 14(1)(q), the agreement must include the following conditions:

                     (a)  a condition that the amount of the payment is to be spent for the purposes determined by the Minister and set out in the condition;

                     (b)  a condition that the State will provide to the Minister reports about the expenditure of the financial assistance that contain information of a kind that the Minister thinks appropriate relating to that assistance to the State;

                     (c)  a condition that the State will provide the reports mentioned in paragraph (b) to the Minister at the times, and in the manner, that the Minister thinks appropriate.

Note:          The purposes that may be set out in the condition and determined by the Minister are those in Parts 5 to 10.

             (2)  The agreement with the State may also include other conditions that the Minister thinks appropriate in relation to financial assistance to the State.

17   General conditions of financial assistance

                   The grant to a State under this Act of financial assistance for government schools for a program year is subject to the conditions set out in the agreement made between the State and the Commonwealth as mentioned in section 14 in respect of the financial assistance.

18   Specific condition—financial accountability

             (1)  One condition is that the State will:

                     (a)  give the Secretary of the Department a certificate by the State Minister (or by an authorised person) stating whether the amount or the sum of the amounts of financial assistance paid to the State under a provision of this Act for the program year has been spent (or committed to be spent) for that program year for the purpose for which the assistance was granted; and

                     (b)  give the certificate to the Secretary of the Department on or before 30 June next following the program year concerned or such other date as the Minister determines.

             (2)  A further condition is that, if not all the amount or amounts of the assistance were spent (or committed to be spent) by the State for the program year concerned for the purpose for which the assistance was granted, the State will, if the Minister so determines, pay to the Commonwealth the amount stated in the determination within a period determined by the Minister.

             (3)  The amount stated in the determination must not be more than:

                     (a)  the unspent or uncommitted amount; or

                     (b)  the sum of the unspent or uncommitted amounts.

             (4)  In this Act:

authorised person , for a State, means:

                     (a)  the Auditor-General of the State; or

                     (b)  another person acting with the authority of the State Minister of the State.

19   Specific condition—educational accountability

             (1)  A further condition is that the State will do each of the following:

                     (a)  participate in preparing a national report on the outcomes of schooling for each program year;

                     (b)  give the Minister (for inclusion in the report mentioned in paragraph (a)) a report or reports, of a kind or kinds required by the Minister, addressing the requirements for performance information specified in the regulations;

                     (c)  give the Minister (for inclusion in the report mentioned in paragraph (a)) a report or reports, of a kind or kinds required by the Minister, in relation to the student attendance information specified in the regulations;

                     (d)  give the Minister (for inclusion in the report mentioned in paragraph (a)) any other report or reports, of a kind or kinds required by the Minister.

             (2)  A condition referred to in paragraph (1)(a), (b), (c) or (d) must be satisfied not later than:

                     (a)  if the Minister determines a date or dates for the purposes of that paragraph—that date or dates; or

                     (b)  in any other case—a date or dates that will allow publication of the report mentioned in paragraph (1)(a) to happen within one year after the end of each program year.

             (3)  A further condition is that the State will do each of the following not later than a date or dates determined by the Minister for the purposes of each paragraph:

                     (a)  give the Minister a report or reports, of a kind or kinds required by the Minister, in relation to financial assistance provided to the State under this Act;

                     (b)  participate in evaluating the outcomes of programs of financial assistance provided under this Act;

                     (c)  give the Minister a report or reports, of a kind or kinds required by the Minister, in relation to the State’s expenditure on the professional learning of teachers in government schools in the State;

                     (d)  ensure that each government school in the State gives the parents, guardians or other persons who have care and control of each child who:

                              (i)  attends the school; and

                             (ii)  undertakes at the school a standard assessment in reading, writing, spelling and numeracy at year 3, 5 or 7;

                            a report of the results of that assessment against the appropriate national benchmarks, specified in the regulations, for years 3, 5 and 7;

                     (e)  ensure that the school performance information specified in the regulations is made publicly available and, if the regulations specify the manner in which the information is to be made publicly available, ensure that the information is made publicly available in that manner;

                      (f)  if the Minister considers that the State has not achieved the performance targets specified in the regulations and the Minister has directed the State to take the action specified in the direction—give the Minister a report on the action taken in response to the direction.

             (4)  A further condition is that the State will implement, before 1 January 2008, in accordance with the regulations, the common testing standards, including common national tests, specified in the regulations, in English, mathematics, science, civics and citizenship education, and information and communications technology.

20   Specific condition—non-fulfilment of conditions

             (1)  A further condition is that if the State does not fulfil a condition mentioned in section 16, within the period stated in the agreement or does not fulfil a condition mentioned in section 18 or 19 by the date specified in the section or the date determined by the Minister for the purposes of the section:

                     (a)  the State will, if the Minister so determines, repay to the Commonwealth the amount stated in the determination; and

                     (b)  if the State does not do so, the Minister may make a determination reducing any other amount or amounts of financial assistance for the State under this Act for government schools by an amount or amounts totalling not more than the amount stated in the determination under paragraph (a); and

                     (c)  the Minister may delay the making of any further payment to the State under this Act for government schools until the State fulfils this condition.

Note:          A determination mentioned in paragraph (1)(b) is made under section 41.

             (2)  The amount stated in the determination under paragraph (1)(a) must not be more than the sum of the amounts of financial assistance paid to the State under the provision for the program year concerned.

21   Specific condition—overpayment of financial assistance

                   A further condition is that if the amount of financial assistance paid to the State under a provision of this Act for government schools exceeds the amount that was properly payable:

                     (a)  the State will, if the Minister so determines, pay to the Commonwealth the amount (not more than the excess) stated in the determination; and

                     (b)  if the State does not do so, the Minister may make a determination reducing any other amount or amounts of financial assistance for the State under this Act for government schools by an amount or amounts not more than the amount stated in the determination under paragraph (a).

Note:          A determination mentioned in paragraph (b) is made under section 41.



 

Division 3 Grants for approved government school community organisations

Subdivision A Conditions of grants for approved government school community organisations

22   Agreement on conditions of financial assistance

             (1)  The Minister must not authorise a payment to a State under section 69 for an approved government school community organisation for a program year unless the organisation has made an agreement with the Commonwealth that sets out:

                     (a)  the conditions mentioned in section 23; and

                     (b)  the conditions mentioned in sections 24, 25, 26 and 27.

             (2)  The agreement mentioned in subsection (1) may have been made before the commencement of this Act.

             (3)  The grant to a State under section 69 of financial assistance for an approved government school community organisation for a program year is subject to the conditions set out in the agreement made between the organisation and the Commonwealth as mentioned in subsection (1) in respect of the financial assistance.

Note:          The grant is also subject to the conditions set out in Subdivision B.

23   General conditions of financial assistance

             (1)  For the purposes of paragraph 22(1)(a), the agreement must include the following conditions:

                     (a)  a condition that the amounts received by the approved government school community organisation from the State, as a result of the payment to the State for the organisation, are to be spent for the purposes determined by the Minister and set out in the condition;

                     (b)  a condition that the organisation will provide to the Minister reports about the expenditure of the amounts that contain information of a kind that the Minister thinks appropriate relating to that assistance for the organisation;

                     (c)  a condition that the organisation will provide the reports mentioned in paragraph (b) to the Minister at the times, and in the manner, that the Minister thinks appropriate.

             (2)  The agreement may also include other conditions that the Minister thinks appropriate in relation to the organisation.

24   Specific condition—financial accountability

             (1)  One condition is that the approved government school community organisation will:

                     (a)  give the Secretary of the Department a certificate by a qualified accountant stating whether an amount equal to the sum of the amounts mentioned in paragraph 23(1)(a) has been spent (or committed to be spent) for the program year for the purposes mentioned in that paragraph; and

                     (b)  give the Secretary of the Department the certificate on or before 30 June next following the program year concerned or such other date as the Minister determines.

             (2)  A further condition is that, if not all the amounts mentioned in paragraph 23(1)(a) were spent (or committed to be spent) by the organisation for the program year concerned for the purpose for which the assistance was granted, the organisation will, if the Minister so determines, pay to the Commonwealth the amount stated in the determination within a period determined by the Minister.

             (3)  The amount stated in the determination must not be more than:

                     (a)  the unspent or uncommitted amount; or

                     (b)  the sum of the unspent or uncommitted amounts.

25   Specific condition—other accountability requirements

                   A further condition is that the approved government school community organisation will do each of the following not later than a date or dates determined by the Minister for the purposes of each paragraph:

                     (a)  give the Minister a report or reports, of a kind or kinds required by the Minister, in relation to financial assistance provided for the organisation under section 69;

                     (b)  participate in evaluating the outcomes of programs of financial assistance provided under this Act.

26   Specific condition—non-fulfilment of conditions

             (1)  A further condition is that if the approved government school community organisation does not fulfil a condition mentioned in section 23, 24 or 25 by the time required by or under the condition:

                     (a)  the organisation will, if the Minister so determines, pay to the Commonwealth the amount stated in the determination; and

                     (b)  the Minister may delay the making of any further payment to the State under section 69 for the organisation until the organisation fulfils this condition.

             (2)  The amount stated in the determination under paragraph (1)(a) must not be more than the sum of the amounts mentioned in paragraph 23(1)(a).

27   Specific condition—overpayment of financial assistance

                   A further condition is that, if the sum of the amounts mentioned in paragraph 23(1)(a) exceeds the total amount that was properly authorised to be paid to the State for the approved government school community organisation:

                     (a)  the organisation will, if the Minister so determines, pay to the Commonwealth an amount equal to the excess; and

                     (b)  if the organisation does not do so, the Minister may make a determination reducing any other amount or amounts of financial assistance for the organisation under section 69 by an amount or amounts not more than the excess.

Note:          A determination mentioned in paragraph (b) is made under section 43.

Subdivision B Conditions of grants to States for approved government school community organisations

28   General conditions of grant to State of financial assistance

                   The grant to a State under section 69 of financial assistance for an approved government school community organisation for a program year is subject to the following conditions:

                     (a)  a condition that the State will:

                              (i)  as soon as practicable, pay to the organisation each amount paid to the State for the organisation under section 69; and

                             (ii)  when making such a payment, describe the amount paid to the organisation as a payment made out of money paid to the State by the Commonwealth under section 69;

                     (b)  the condition in section 29.

29   Specific condition—non-fulfilment of conditions

             (1)  The grant to a State under section 69 of financial assistance for an approved government school community organisation for a program year is subject to the condition that, if the State does not fulfil the condition mentioned in paragraph 28(a) in relation to the grant at the time stated in that paragraph or within such further period as the Minister allows:

                     (a)  the State will, if the Minister so determines, repay to the Commonwealth the amount stated in the determination; and

                     (b)  the Minister may delay making any future payment to the State under this Act for government schools if the State fails to comply with the condition mentioned in paragraph 28(a) because it delays paying an amount to the organisation.

             (2)  The amount stated in the determination under paragraph (1)(a) must not be more than the sum of the amounts of financial assistance paid to the State under section 69 for the organisation for the program year concerned.



 

Division 4 Grants for non-government bodies

Subdivision A Requirements for relevant authorities etc.

30   Minister not to authorise payment to a State for a non-government body in certain circumstances

             (1)  The Minister must not authorise a payment to a State under this Act for a non-government body unless the relevant authority of the non-government body has made an agreement with the Commonwealth that:

                     (a)  complies with all the requirements of section 31, if the agreement is with the relevant authority for a non-government school or for an approved school system; or

                     (b)  in any other case—includes the matters required by sections 34, 35, 37 and 38.

Note 1:       Paragraph (a) requires compliance with section 31, which (in addition to the requirements set out in that section) requires compliance with sections 32 and 34 to 38, and paragraphs 56(2)(d), 58(4)(b) and 59(4)(e).

Note 2:       An agreement may also include other provisions (see section 33).

             (2)  The agreement mentioned in subsection (1) may have been made before the commencement of this Act.

             (3)  The Minister may refuse to authorise a payment to a State under this Act for a non-government school, or for a non-government school for a particular level of education, during any period when the State Minister does not recognise:

                     (a)  the school; or

                     (b)  the school for that level of education.

             (4)  The Minister may refuse to authorise, or may delay, a payment to a State under this Act for a non-government body if the relevant authority of the non-government body is a body corporate:

                     (a)  that is being wound up; or

                     (b)  in respect of whose property a receiver has been appointed; or

                     (c)  whose affairs are under the control of a manager.

             (5)  The Minister may refuse to authorise, or may delay, a payment to a State under this Act for a non-government body if:

                     (a)  the relevant authority of the non-government body is not a body corporate; and

                     (b)  the Minister considers that:

                              (i)  the liabilities of the relevant authority are substantially greater than its assets; or

                             (ii)  the relevant authority is (and is likely to continue for a substantial period to be) unable to pay its debts as and when they fall due for payment.

31   Provisions that must be included in agreements

                   A section 30 agreement with the relevant authority for a non-government school, or approved school system, must include the following:

                     (a)  a commitment by the relevant authority to the National Goals for Schooling prepared by the Ministerial Council on Education, Employment, Training and Youth Affairs;

                     (b)  a commitment by the relevant authority to achieve the performance targets, and report against the performance measures, specified in the regulations;

                     (c)  a commitment by the relevant authority to the publication, within one year after the end of each program year, of a national report on the outcomes of schooling;

                     (d)  a commitment by the relevant authority to ensure that school performance information is made publicly available;

                     (e)  a commitment by the relevant authority to report to the Minister about student attendance at the school, or each school in the approved school system, in a manner that is meaningful and allows ready comparisons to be made between different States;

                      (f)  a commitment by the relevant authority 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;

                     (g)  a commitment by the relevant authority to implement those Statements of Learning, either:

                              (i)  as part of the relevant authority’s next curriculum review if that review starts after 1 January 2006 and ends before 1 January 2008; or

                             (ii)  before 1 January 2008 if the relevant authority does not undertake such a curriculum review;

                     (h)  a commitment by the relevant authority to put into place common testing standards in English, mathematics, science, civics and citizenship education, and information and communications technology;

                      (i)  a commitment by the relevant authority to put into effect, before 1 January 2006, the National Safe Schools Framework endorsed by the Ministerial Council on Education, Employment, Training and Youth Affairs;

                      (j)  a commitment by the relevant authority to provide, in the curriculum of the school, or each school in the approved school system, at least 2 hours of physical activity each school week for students undertaking primary education and junior secondary education at the school or those schools;

                     (k)  a commitment by the relevant authority to give the principal, and the governing body, of the school, or each school in the approved school system, strengthened autonomy over, and responsibility for, education programs, staffing, budget and other aspects of the school’s, or each of those schools’, operations within a supportive framework of broad systemic policies;

                      (l)  without limiting paragraph (k), a commitment by the relevant authority that:

                              (i)  appointments of staff in the school or each school in the approved school system will be made with the approval of the principal, or the governing body, of the school or each of those schools; and

                             (ii)  in the case of a Catholic school, such appointments will take account of the relationship of the school with the bishop, parish priests and the leadership of religious institutions;

                    (m)  a commitment by the relevant authority to implement, before 1 January 2006, a consistent national system for the timely transmission between schools of student information relating to students moving interstate;

                     (n)  a commitment by the relevant authority to ensure that the parents, guardians or other persons who have care and control of each child attending the school, or a school in the approved school system, are given a report on the child’s achievement against the appropriate national benchmarks for years 3, 5 and 7;

                     (o)  a commitment by the relevant authority to the achievement, before 1 January 2010, of:

                              (i)  national consistency in the age at which a child starts the educational level undertaken in the year starting one year before the child starts year 1; and

                             (ii)  a nationally consistent description for the educational level a child undertakes in the year starting 2 years before the child starts year 1; and

                            (iii)  a nationally consistent description for the educational level a child undertakes in the year starting one year before the child starts year 1;

                     (p)  the commitment mentioned in section 32;

                     (q)  the matters required by sections 34, 35, 36, 37 and 38;

                      (r)  any provision required by paragraph 56(2)(d);

                      (s)  any provision required by paragraph 58(4)(b);

                      (t)  any provision required by paragraph 59(4)(e).

32   Further commitment—student reports

                   For the purposes of paragraph 31(1)(p), a section 30 agreement must include a commitment by the relevant authority for a non-government school, or approved school system, to ensure that the school, or each school in the approved school system, gives the parents, guardians or other persons who have care and control of each child attending the school student reports, relating to the child, that:

                     (a)  use plain language and are able to be readily understood by the parents, guardians or other persons who have care and control of the child; and

                     (b)  are timely and given at least twice in any program year; and

                     (c)  give an accurate and objective assessment of the child’s progress and achievement, including an assessment of the child’s achievement:

                              (i)  against national standards, if such standards are available; and

                             (ii)  relative to the performance of the child’s peer group at the school; and

                     (d)  are confidential and deal with the child’s academic and non-academic learning; and

                     (e)  are followed by an opportunity for the child and the parents, guardians or other persons who have care and control of the child to meet with the child’s teachers to discuss all aspects of the report and for the school to give constructive advice about supporting the child’s further progress at school; and

                      (f)  meet any other requirements specified in the regulations.

33   Provisions that may be included in agreements

                   A section 30 agreement may also include any other provisions that the Minister thinks appropriate in relation to the relevant authority.

34   General requirements

             (1)  A section 30 agreement must require amounts received by the relevant authority from the State, as a result of the payment to the State for the non-government body, to be spent for purposes determined by the Minister and set out in the agreement (which may include the purpose of paying administrative expenses incurred by the authority).

Note:          The purposes that may be determined by the Minister and set out in the agreement are those in Parts 5 to 10.

             (2)  The agreement must require the relevant authority to allow a person authorised in writing by the Minister for the purpose, with such help as the person requires:

                     (a)  to have full and free access, at all reasonable times after giving reasonable notice to the relevant authority, to accounts, records and documents of the relevant authority relating to information that the relevant authority is required under the agreement to give to the Minister; and

                     (b)  to take extracts from, or make copies of, any such accounts, records and documents.

35   Specific requirement—financial accountability

                   A section 30 agreement must require the relevant authority:

                     (a)  to give the Secretary of the Department a certificate by a qualified accountant stating whether an amount equal to the sum of the amounts mentioned in subsection 34(1) has been spent (or committed to be spent) for the program year for the purposes mentioned in that subsection; and

                     (b)  to give the Secretary of the Department the certificate on or before 30 June next following the program year concerned or such other date as the Minister determines.

36   Specific requirement—educational accountability

             (1)  A section 30 agreement must require the relevant authority for a non-government school, or approved school system, to do each of the following:

                     (a)  participate in preparing a national report on the outcomes of schooling;

                     (b)  give the Minister (for inclusion in the report mentioned in paragraph (a)) a report or reports, of a kind or kinds required by the Minister, addressing the requirements for performance information specified in the regulations;

                     (c)  give the Minister (for inclusion in the report mentioned in paragraph (a)) a report or reports, of a kind or kinds required by the Minister, in relation to the student attendance information specified in the regulations;

                     (d)  give the Minister (for inclusion in the report mentioned in paragraph (a)) any other report or reports, of a kind or kinds required by the Minister.

             (2)  A requirement referred to in paragraph (1)(a), (b), (c) or (d) must be satisfied not later than:

                     (a)  if the Minister determines a date or dates for the purposes of that paragraph—that date or dates; or

                     (b)  in any other case—a date or dates that will allow publication of the report mentioned in paragraph (1)(a) to happen within one year after the end of each program year.

             (3)  A section 30 agreement must require the relevant authority for a non-government school, or approved school system, to do each of the following not later than a date or dates determined by the Minister for the purposes of each paragraph:

                     (a)  give the Minister a report or reports, of a kind or kinds required by the Minister, in relation to programs of financial assistance provided under this Act so far as they relate to the authority;

                     (b)  participate in evaluating the outcomes of those programs;

                     (c)  give the Minister a report or reports, of a kind or kinds required by the Minister, in relation to the relevant authority’s expenditure on the professional learning of teachers in the school or approved school system;

                     (d)  ensure that the school, or each school in the approved school system, gives the parents, guardians or other persons who have care and control of each child who:

                              (i)  attends the school; and

                             (ii)  undertakes at the school a standard assessment in reading, writing, spelling and numeracy at year 3, 5 or 7;

                            a report of the results of that assessment against the appropriate national benchmarks, specified in the regulations, for years 3, 5 and 7;

                     (e)  ensure that the school performance information specified in the regulations is made publicly available and, if the regulations specify the manner in which the information is to be made publicly available, ensure that the information is made publicly available in that manner;

                      (f)  if the Minister considers that the relevant authority has not achieved the performance targets specified in the regulations and the Minister has directed the relevant authority to take the action specified in the direction—give the Minister a report on the action taken in response to the direction.

             (4)  A section 20 agreement must require the relevant authority to implement, before 1 January 2008, in accordance with the regulations, the common testing standards, including common national tests, specified in the regulations, in English, mathematics, science, civics and citizenship education, and information and communications technology.

37   Specific requirement—provision dealing with failure to comply within time limit

                   A section 30 agreement must contain a provision that, if the relevant authority does not comply with a requirement set out in the agreement within the period required by or under the agreement or within such further period as the Minister allows:

                     (a)  the relevant authority will, if the Minister so determines, pay to the Commonwealth an amount (not more than the sum of the amounts mentioned in subsection 34(1)) stated in the determination; and

                     (b)  if the relevant authority does not do so, the Minister may make a determination reducing any other amount or amounts of financial assistance for the State under this Act for the non-government body by an amount or amounts totalling not more than the amount stated in the determination under paragraph (a); and

                     (c)  the Minister may delay the making of any further payment to the State under this Act for the non-government body until the relevant authority complies with the requirement.

Note:          A determination mentioned in paragraph (b) is made under section 44.

38   Specific requirement—failure to comply with other requirements

                   A section 30 agreement must contain a provision that, if the sum of the amounts mentioned in subsection 34(1) exceeds the total amount that was properly authorised to be paid to the State for the non-government body:

                     (a)  the relevant authority will, if the Minister so determines, pay to the Commonwealth an amount equal to the excess; and

                     (b)  if the authority does not do so, the Minister may make a determination reducing any other amount or amounts of financial assistance for the State under this Act for the non-government body by an amount or amounts not more than the excess.

Note:          A determination mentioned in paragraph (b) is made under section 44.

Subdivision B Conditions of grants to States for non-government bodies

39   General conditions of grant to State of financial assistance

                   The grant to a State because of a provision of this Act of financial assistance for a non-government body for a program year is subject to the following conditions:

                     (a)  a condition that the State will:

                              (i)  as soon as practicable, pay to the relevant authority of the non-government body each amount paid to the State for the body because of the provision; and

                             (ii)  when making such a payment, describe the amount paid to the relevant authority as a payment made out of money paid to the State by the Commonwealth because of the provision;

                     (b)  the condition in section 40.

40   Specific condition—non-fulfilment of conditions

             (1)  The grant to a State because of a provision of this Act of financial assistance for a non-government body for a program year is subject to the condition that, if the State does not fulfil the condition mentioned in paragraph 39(a) in relation to the grant at the time stated in that paragraph or within such further period as the Minister allows:

                     (a)  the State will, if the Minister so determines, repay to the Commonwealth the amount stated in the determination; and

                     (b)  the Minister may delay making any future payment to the State under this Act for government schools if the State fails to comply with the condition mentioned in paragraph 39(a) because it delays paying an amount to the relevant authority of the non-government body.

             (2)  The amount stated in the determination under paragraph (1)(a) must not be more than the sum of the amounts of financial assistance paid to the State under the provision for the non-government body for the program year concerned.



 

Division 5 Miscellaneous

41   Powers of Minister if amounts of grants become repayable

             (1)  This section applies if:

                     (a)  financial assistance:

                              (i)  is granted to a State under a provision of this Act; or

                             (ii)  was granted to a State under a provision of the former Act that corresponds to a provision of this Act; and

                     (b)  under a condition of the grant the Minister or the relevant Minister (as appropriate) has determined that the State is to repay an amount to the Commonwealth; and

                     (c)  an amount (the amount repayable ) that is all or a part of the amount mentioned in paragraph (b) remains unpaid.

             (2)  The Minister may make a determination reducing an amount that is authorised to be paid to the State under any provision of this Act in a program year by an amount not more than the amount repayable.

             (3)  The Minister may make a determination under a provision of this Act increasing the maximum amount that may be paid to the States for any purpose under that provision in any program year by an amount or amounts totalling not more than the amount of any reduction under subsection (2).

             (4)  It does not matter whether the reduction was made in relation to the same provision as the provision mentioned in subsection (3), or a different provision.

42   Amount payable by a State to the Commonwealth is a debt

                   An amount payable by a State to the Commonwealth under this Act is a debt due by the State to the Commonwealth.

43   Powers of Minister if amounts payable by approved government school community organisations

             (1)  This section applies if:

                     (a)  under a provision of an agreement made as mentioned in Division 3 between the Commonwealth and an approved government school community organisation, the Minister has determined that the organisation is to pay an amount to the Commonwealth; and

                     (b)  an amount (the amount repayable ) that is all or a part of the amount mentioned in paragraph (a) remains unpaid.

             (2)  The Minister may make a determination reducing an amount that is authorised to be paid to a State for the organisation under section 69 in any program year by an amount not more than the amount repayable.

             (3)  The Minister may make a determination under a provision of this Act (whether section 69 or a different provision) increasing the maximum amount that may be paid to the States for any purpose under that provision in any program year by an amount or amounts totalling not more than the amount of any reduction under subsection (2).

44   Powers of Minister if amounts payable by relevant authorities

             (1)  This section applies if:

                     (a)  under a provision of an agreement made as mentioned in Division 4 (or a provision of the former Act that corresponds to that Division) between the Commonwealth and the relevant authority of a non-government body, the Minister or the relevant Minister (as appropriate) has determined that the authority is to pay an amount to the Commonwealth; and

                     (b)  an amount (the amount repayable ) that is all or a part of the amount mentioned in paragraph (a) remains unpaid.

             (2)  The Minister may make a determination reducing an amount that is authorised to be paid to a State for the non-government body under any provision of this Act in any program year by an amount not more than the amount repayable.

             (3)  The Minister may make a determination under a provision of this Act increasing the maximum amount that may be paid to the States for any purpose under that provision in any program year by an amount or amounts totalling not more than the amount of any reduction under subsection (2).

             (4)  It does not matter whether the reduction was made in relation to the same provision as the provision mentioned in subsection (3), or a different provision.

45   Determinations requiring repayments

                   If the Minister is considering whether to make:

                     (a)  a determination under subsection 18(2) or paragraph 20(1)(a), 21(a), 29(1)(a) or 40(1)(a) that a State is to repay an amount to the Commonwealth; or

                     (b)  a determination under subsection 24(2) or paragraph 26(1)(a) or 27(a) that an approved government school community organisation is to pay an amount to the Commonwealth; or

                     (c)  a determination under a provision of an agreement mentioned in paragraph 37(a) or 38(a) that the relevant authority of a non-government body is to pay an amount to the Commonwealth;

the Minister must take into account all relevant matters, including whether the State, approved government school community organisation or relevant authority gave all relevant information to the Commonwealth before the grant of financial assistance was made.