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

Part 6 Grants for non-government schools

Division 1 Simplified outline of Part

70   Simplified outline

             (1)  This section is a simplified outline of this Part.

             (2)  This Part allows the Minister to make determinations authorising the payment of financial assistance to the States for:

                     (a)  recurrent expenditure of non-government schools; and

                     (b)  capital expenditure of non-government schools; and

                     (c)  capital and other expenditure of non-government rural student hostels; and

                     (d)  short term emergency assistance for non-government schools; and

                     (e)  establishment assistance.

             (3)  It also sets limits for financial assistance for those purposes.



 

Division 2 Grants for general recurrent expenditure

Subdivision A Simplified outline of Division

71   Simplified outline

             (1)  This section is a simplified outline of this Division.

             (2)  Funding for general recurrent expenditure of non-government schools is worked out on a school by school basis (whether the school is in an approved school system or not).

             (3)  Schools that will receive current SES funding are dealt with under Subdivision C.

             (4)  Schools that will receive maintained year 2000 funding are dealt with under Subdivision D.

             (5)  Schools that will receive maintained Catholic school funding are dealt with under Subdivision E.

             (6)  Schools that will receive guaranteed year 2004 SES funding are dealt with under Subdivision F.

             (7)  Special schools are dealt with under Subdivision G.

             (8)  The ceiling on funding is worked out using a series of per student amounts for different kinds of students at the school.

Subdivision B Application

72   Application of Division

                   This Division is applied to work out the funding for the general recurrent expenditure of non-government schools.

73   Application of Subdivision C—current SES funding

             (1)  Subdivision C applies to a school:

                     (a)  for a particular program year; and

                     (b)  for a particular level of education provided at the school;

unless Subdivision D, E, F or G applies to the school for that program year and for that level of education.

             (2)  Subdivision C applies to the school whether or not the school is in an approved school system.

74   Application of Subdivision D—maintained year 2000 funding

             (1)  Subdivision D applies to a school for a particular program year if:

                     (a)  the school had, on 31 December 2004, a year 2000 funding level for the purposes of the former Act; and

                     (b)  the school is not a special school for that program year; and

                     (c)  subsection (3) or (4) applies to the school; and

                     (d)  the school’s SES score has not been determined under paragraph 53(1)(d), 64(1)(a) or 132(2)(a) for that program year or an earlier program year.

             (2)  Subdivision D applies to the school whether or not the school is in an approved school system.

School provides either primary or secondary education

             (3)  This subsection applies to a school if:

                     (a)  the school provides either primary or secondary education; and

                     (b)  the school’s year 2000 funding level exceeds the school’s current SES funding level.

School provides both primary and secondary education

             (4)  This subsection applies to a school if the school provides both primary and secondary education and the amount worked out using the formula:

exceeds the amount worked out using the formula:

where:

current SES primary amount at the relevant time , for a school, means the amount that is, immediately after the commencement of this Act, in column 3 of the table in Part 1 of Schedule 4 for the school’s current SES funding level.

current SES secondary amount at the relevant time , for a school, means the amount that is, immediately after the commencement of this Act, in column 3 of the table in Part 2 of Schedule 4 for the school’s current SES funding level.

number of primary students , for a school for the 2004 program year, has the same meaning as in the former Act.

number of secondary students , for a school for the 2004 program year, has the same meaning as in the former Act.

year 2000 primary amount at the relevant time , for a school, means the amount that is, immediately after the commencement of this Act, in column 2 of the table in Part 3 of Schedule 4 for the school’s year 2000 funding level.

year 2000 secondary amount at the relevant time , for a school, means the amount that is, immediately after the commencement of this Act, in column 2 of the table in Part 4 of Schedule 4 for the school’s year 2000 funding level.

75   Application of Subdivision E—maintained Catholic school funding

                   Subdivision E applies to a school for a particular program year if:

                     (a)  the school was, on 31 December 2004, in an approved Catholic school system for the purposes of the former Act; and

                     (b)  the school is not a special school for that program year; and

                     (c)  the school’s year 2004 funding level exceeds the school’s current SES funding level; and

                     (d)  the school’s SES score has not been determined under paragraph 53(1)(d), 64(1)(a) or 132(2)(a) for that program year or an earlier program year.

76   Application of Subdivision F—guaranteed year 2004 SES funding

             (1)  Subdivision F applies to a school:

                     (a)  for a particular program year; and

                     (b)  for a particular level of education provided at the school;

if:

                     (c)  the school had, on 31 December 2004, an SES funding level for the purposes of the former Act; and

                     (d)  the school is not a special school for that program year; and

                     (e)  the school’s current SES funding level amount for that level of education has not, in that program year or an earlier program year, equalled or exceeded the school’s year 2004 SES funding level amount for that level of education; and

                      (f)  the school’s SES score has not been determined under paragraph 53(1)(d), 64(1)(a) or 132(2)(a) for that program year or an earlier program year.

             (2)  Subdivision F applies to the school whether or not the school is in an approved school system.

             (3)  Use the following table to work out whether a school’s current SES funding level amount for a particular level of education has, in a particular program year, equalled or exceeded the school’s year 2004 SES funding level amount for that level of education:

 

Item

If, in that program year, the school provides the following level of education...

and...

is equal to or exceeds...

then...

1

primary education (whether or not the school also provides secondary education)

the amount in the table in Part 1 of Schedule 4 for that program year and the school’s current SES funding level

the school’s year 2004 primary amount

the school’s current SES funding level amount for that level of education has equalled or exceeded the school’s year 2004 SES funding level amount for that level of education.

2

secondary education (whether or not the school also provides primary education)

the amount in the table in Part 2 of Schedule 4 for that program year and the school’s current SES funding level

the school’s year 2004 secondary amount

the school’s current SES funding level amount for that level of education has equalled or exceeded the school’s year 2004 SES funding level amount for that level of education.

 

77   Application of Subdivision G—special schools

             (1)  Subdivision G applies to a school for a particular program year if the school is a special school for that program year.

             (2)  Subdivision G applies to the school whether or not the school is in an approved school system.

Subdivision C Current SES funding

78   Authorising payments for non-systemic schools

             (1)  This section applies to a school in a State for a particular program year and for a particular level of education provided at the school if:

                     (a)  this Subdivision applies to the school for that program year and for that level of education in accordance with section 73; and

                     (b)  the school is a non-systemic school.

             (2)  If this section applies to the school for the program year and for primary education, the Minister may make a determination under this subsection authorising payment of financial assistance to the State for recurrent expenditure of the school for the program year of an amount not more than the amount worked out for the school by adding up:

                     (a)  the amount worked out under section 80 for the school’s primary students (if any) for the program year; and

                     (b)  the amount worked out under section 97 for the school’s primary distance education students (if any) for that program year.

             (3)  If this section applies to the school for the program year and for secondary education, the Minister may make a determination under this subsection authorising payment of financial assistance to the State for recurrent expenditure of the school for the program year of an amount not more than the amount worked out for the school by adding up:

                     (a)  the amount worked out under section 81 for the school’s secondary students (if any) for the program year; and

                     (b)  the amount worked out under section 98 for the school’s secondary distance education students (if any) for the program year.

79   Authorising payments for approved school systems

             (1)  This section applies to a school in a State for a particular program year and for a particular level of education provided at the school if:

                     (a)  this Subdivision applies to the school for that program year and for that level of education in accordance with section 73; and

                     (b)  the school is in an approved school system; and

                     (c)  the school is in the list of non-government schools as being included in that system.

             (2)  If this section applies to the school for the program year and for primary education, the Minister may make a determination under this subsection authorising payment of financial assistance to the State for recurrent expenditure of the approved school system for the program year of an amount for the school not more than the amount worked out for the school by adding up:

                     (a)  the amount worked out under section 80 for the school’s primary students (if any) for the program year; and

                     (b)  the amount worked out under section 97 for the school’s primary distance education students (if any) for that program year.

             (3)  If this section applies to the school for the program year and for secondary education, the Minister may make a determination under this subsection authorising payment of financial assistance to the State for recurrent expenditure of the approved school system for the program year of an amount for the school not more than the amount worked out for the school by adding up:

                     (a)  the amount worked out under section 81 for the school’s secondary students (if any) for that program year; and

                     (b)  the amount worked out under section 98 for the school’s secondary distance education students (if any) for that program year.

80   Primary student amount

                   For the purposes of paragraphs 78(2)(a) and 79(2)(a), work out the amount for the school’s primary students for the program year using the formula:

where:

current SES funding level primary amount , for the school for the program year, means the amount in the table in Part 1 of Schedule 4 for the program year and the school’s current SES funding level.

81   Secondary student amount

                   For the purposes of paragraphs 78(3)(a) and 79(3)(a), work out the amount for the school’s secondary students for the program year using the formula:

where:

current SES funding level secondary amount , for the school for the program year, means the amount in the table in Part 2 of Schedule 4 for the program year and the school’s current SES funding level.

Subdivision D Maintained year 2000 funding

82   Authorising payments for non-systemic schools

             (1)  This section applies to a school in a State for a particular program year if:

                     (a)  this Subdivision applies to the school for that program year in accordance with section 74; and

                     (b)  the school is a non-systemic school.

             (2)  The Minister may make a determination authorising payment of financial assistance to the State for recurrent expenditure of the school for the program year of an amount not more than the amount worked out for the school by adding up:

                     (a)  the amount worked out under section 84 for the school’s primary students (if any) for the program year; and

                     (b)  the amount worked out under section 85 for the school’s secondary students (if any) for that program year; and

                     (c)  the amount worked out under section 97 for the school’s primary distance education students (if any) for that program year; and

                     (d)  the amount worked out under section 98 for the school’s secondary distance education students (if any) for that program year.

83   Authorising payments for approved school systems

             (1)  This section applies to a school in a State for a particular program year if:

                     (a)  this Subdivision applies to the school for that program year in accordance with section 74; and

                     (b)  the school is in an approved school system; and

                     (c)  the school is in the list of non-government schools as being included in that system.

             (2)  The Minister may make a determination authorising payment of financial assistance to the State for recurrent expenditure of the approved school system for the program year of an amount for the school not more than the amount worked out for the school by adding up:

                     (a)  the amount worked out under section 84 for the school’s primary students (if any) for the program year; and

                     (b)  the amount worked out under section 85 for the school’s secondary students (if any) for that program year; and

                     (c)  the amount worked out under section 97 for the school’s primary distance education students (if any) for that program year; and

                     (d)  the amount worked out under section 98 for the school’s secondary distance education students (if any) for that program year.

84   Primary student amount

                   For the purposes of paragraphs 82(2)(a) and 83(2)(a), work out the amount for the school’s primary students for the program year using the formula:

where:

year 2000 funding level primary amount , for the school for the program year, means the amount in the table in Part 3 of Schedule 4 for the program year and the school’s year 2000 funding level.

85   Secondary student amount

                   For the purposes of paragraphs 82(2)(b) and 83(2)(b), work out the amount for the school’s secondary students for the program year using the formula:

where:

year 2000 funding level secondary amount , for the school for the program year, means the amount in the table in Part 4 of Schedule 4 for the program year and the school’s year 2000 funding level.

Subdivision E Maintained Catholic school funding

86   Authorising payments for approved Catholic school systems

             (1)  This section applies to a school in a State for a particular program year if:

                     (a)  this Subdivision applies to the school for that program year in accordance with section 75; and

                     (b)  the school is in the approved Catholic school system; and

                     (c)  the school is in the list of non-government schools.

             (2)  The Minister may make a determination authorising payment of financial assistance to the State for recurrent expenditure of the system for the program year of an amount for the school not more than the amount worked out for the school by adding up:

                     (a)  the amount worked out under section 87 for the school’s primary students (if any) for the program year; and

                     (b)  the amount worked out under section 88 for the school’s secondary students (if any) for that program year; and

                     (c)  the amount worked out under section 97 for the school’s primary distance education students (if any) for that program year; and

                     (d)  the amount worked out under section 98 for the school’s secondary distance education students (if any) for that program year.

87   Primary student amount

                   For the purposes of paragraph 86(2)(a), work out the amount for the school’s primary students for the program year using the formula:

where:

year 2004 funding level primary amount , for the school for the program year, means the amount in the table in Part 1 of Schedule 4 for the program year and the school’s year 2004 funding level.

88   Secondary student amount

                   For the purposes of paragraphs 86(2)(b), work out the amount for the school’s secondary students for the program year using the formula:

where:

year 2004 funding level secondary amount , for the school for the program year, means the amount in the table in Part 2 of Schedule 4 for the program year and the school’s year 2004 funding level.

Subdivision F Guaranteed year 2004 SES funding

89   Authorising payments for non-systemic schools

             (1)  This section applies to a school in a State for a particular program year and for a particular level of education provided at the school if:

                     (a)  this Subdivision applies to the school for that program year and for that level of education in accordance with section 76; and

                     (b)  the school is a non-systemic school.

             (2)  If this section applies to the school for the program year and for primary education, the Minister may make a determination under this subsection authorising payment of financial assistance to the State for recurrent expenditure of the school for the program year of an amount not more than the amount worked out for the school by adding up:

                     (a)  the amount worked out under section 91 for the school’s primary students (if any) for the program year; and

                     (b)  the amount worked out under section 97 for the school’s primary distance education students (if any) for that program year.

             (3)  If this section applies to the school for the program year and for secondary education, the Minister may make a determination under this subsection authorising payment of financial assistance to the State for recurrent expenditure of the school for the program year of an amount not more than the amount worked out for the school by adding up:

                     (a)  the amount worked out under section 92 for the school’s secondary students (if any) for that program year; and

                     (b)  the amount worked out under section 98 for the school’s secondary distance education students (if any) for that program year.

90   Authorising payments for approved school systems

             (1)  This section applies to a school in a State for a particular program year and for a particular level of education provided at the school if:

                     (a)  this Subdivision applies to the school for that program year and for that level of education in accordance with section 76; and

                     (b)  the school is in an approved school system; and

                     (c)  the school is in the list of non-government schools as being included in that system.

             (2)  If this section applies to the school for the program year and for primary education, the Minister may make a determination under this subsection authorising payment of financial assistance to the State for recurrent expenditure of the approved school system for the program year of an amount for the school not more than the amount worked out for the school by adding up:

                     (a)  the amount worked out under section 91 for the school’s primary students (if any) for the program year; and

                     (b)  the amount worked out under section 97 for the school’s primary distance education students (if any) for that program year.

             (3)  If this section applies to the school for the program year and for secondary education, the Minister may make a determination under this subsection authorising payment of financial assistance to the State for recurrent expenditure of the approved school system for the program year of an amount for the school not more than the amount worked out for the school by adding up:

                     (a)  the amount worked out under section 92 for the school’s secondary students (if any) for that program year; and

                     (b)  the amount worked out under section 98 for the school’s secondary distance education students (if any) for that program year.

91   Primary student amount

                   For the purposes of paragraphs 89(2)(a) and 90(2)(a), work out the amount for the school’s primary students for the program year using the formula:

92   Secondary student amount

                   For the purposes of paragraphs 89(3)(a) and 90(3)(a), work out the amount for the school’s secondary students for the program year using the formula:

Subdivision G Special schools

93   Authorising payments for non-systemic schools

             (1)  This section applies to a school in a State for a particular program year if:

                     (a)  this Subdivision applies to the school for that program year in accordance with section 77; and

                     (b)  the school is a non-systemic school.

             (2)  The Minister may make a determination authorising payment of financial assistance to the State for recurrent expenditure of the school for the program year of an amount not more than the amount worked out for the school by adding up:

                     (a)  the amount worked out under section 95 for the school’s primary students (if any) for the program year; and

                     (b)  the amount worked out under section 96 for the school’s secondary students (if any) for that program year; and

                     (c)  the amount worked out under section 97 for the school’s primary distance education students (if any) for that program year; and

                     (d)  the amount worked out under section 98 for the school’s secondary distance education students (if any) for that program year.

94   Authorising payments for approved school systems

             (1)  This section applies to a school in a State for a particular program year if:

                     (a)  this Subdivision applies to the school for that program year in accordance with section 77; and

                     (b)  the school is in an approved school system; and

                     (c)  the school is in the list of non-government schools as being included in that system.

             (2)  The Minister may make a determination authorising payment of financial assistance to the State for recurrent expenditure of the approved school system for the program year of an amount for the school not more than the amount worked out for the school by adding up:

                     (a)  the amount worked out under section 95 for the school’s primary students (if any) for the program year; and

                     (b)  the amount worked out under section 96 for the school’s secondary students (if any) for that program year; and

                     (c)  the amount worked out under section 97 for the school’s primary distance education students (if any) for that program year; and

                     (d)  the amount worked out under section 98 for the school’s secondary distance education students (if any) for that program year.

95   Primary student amount

                   For the purposes of paragraphs 93(2)(a) and 94(2)(a), work out the amount for the school’s primary students for the program year using the formula:

where:

special primary amount , for the school for the program year, means the amount in the table in Part 1 of Schedule 4 for the program year and the funding level of 70.0% of AGSRC.

96   Secondary student amount

                   For the purposes of paragraphs 93(2)(b) and 94(2)(b), work out the amount for the school’s secondary students for the program year using the formula:

where:

special secondary amount , for the school for the program year, means the amount in the table in Part 2 of Schedule 4 for the program year and the funding level of 70.0% of AGSRC.

Subdivision H Distance education amounts

97   Primary distance education student amount

                   For the purposes of paragraphs 78(2)(b), 79(2)(b), 82(2)(c), 83(2)(c), 86(2)(c), 89(2)(b), 90(2)(b), 93(2)(c) and 94(2)(c), work out the amount for the school’s primary distance education students for the program year using the formula:

where:

primary distance education amount , for the school for the program year, means the amount in the table in Part 1 of Schedule 4 for the program year and the funding level of 13.7% of AGSRC.

98   Secondary distance education student amount

                   For the purposes of paragraphs 78(3)(b), 79(3)(b), 82(2)(d), 83(2)(d), 86(2)(d), 89(3)(b), 90(3)(b), 93(2)(d) and 94(2)(d), work out the amount for the school’s secondary distance education students for the program year using the formula:

where:

secondary distance education amount , for the school for the program year, means the amount in the table in Part 2 of Schedule 4 for the program year and the funding level of 13.7% of AGSRC.



 

Division 3 Capital grants

99   Authorisation of payment of capital grants

             (1)  The Minister may make a determination authorising payment of financial assistance to the States for:

                     (a)  capital expenditure for a program year in connection with:

                              (i)  non-government schools or non-government rural student hostels in the States; or

                             (ii)  groups of non-government schools or non-government rural student hostels (or both) in the States; or

                     (b)  capital expenditure for a program year in connection with block grant authorities and non-government schools or non-government rural student hostels in the States.

             (2)  The sum of the amounts determined under subsection (1) for a program year must not be more than the amount worked out by adding up:

                     (a)  the amount in column 2 of the table in Schedule 5 for the program year; and

                     (b)  the amount in column 3 of the table in Schedule 5 for the program year.



 

Division 4 Other grants for non-government rural student hostels

100   Authorisation of payment of other grants for non-government rural student hostels

             (1)  The Minister may make a determination authorising payment of financial assistance to a State for expenditure for a program year in connection with a non-government rural student hostel (the funded hostel ) in the State.

Note:          Assistance under this section is in addition to the financial assistance for non-government rural student hostels that is available under section 99.

             (2)  The amount determined under subsection (1) for the funded hostel and the program year must not be more than the amount worked out using the formula:

where:

number of students for the hostel for the program year means the number of students who, on the day in the program year determined by the Minister as the census day for hostels in the State in which the hostel is located:

                     (a)  are resident at the funded hostel; and

                     (b)  are undertaking primary or secondary education.



 

Division 5 Grants of short term emergency assistance

101   Grants of short term emergency assistance

             (1)  The Minister may make a determination authorising payment of financial assistance to a State to provide short term emergency assistance for a non-government school in the State for one or more program years if the Minister is satisfied that, because of any unexpected circumstance, the school:

                     (a)  is in severe financial difficulty; and

                     (b)  has a special need of that assistance in the program year or years.

             (2)  The sum of the amounts paid to the States under subsection (1) for a program year must not be more than the amount in the table in Schedule 7 for the program year.



 

Division 6 Grants to provide establishment assistance

102   Grants to provide establishment assistance

Non-systemic school

             (1)  The Minister may make a determination authorising payment of financial assistance to a State to provide establishment assistance for a non-systemic school in the State for one or 2 program years if the circumstance in subsection (3) applies to the school.

Note:          The amount must not exceed the maximum amount worked out under subsection (4).

School system

             (2)  The Minister may make a determination authorising payment of financial assistance to a State to provide establishment assistance for an approved school system in the State for one or 2 program years in relation to a school included in the system if the circumstance in subsection (3) applies to the school.

Note:          The amount must not exceed the maximum amount worked out under subsection (4).

Subsection (3) circumstance

             (3)  The circumstance in this subsection is that the Minister varies the list of non-government schools in relation to the school because the school is covered by paragraph (c) of the definition of new school proposal .

Maximum amount

             (4)  The amount under subsection (1) or (2) for a program year in relation to a school must not exceed the amount worked out using the formula:

where:

establishment amount for the program year is:

                     (a)  if the program year is the year in which the Minister varies the list of non-government schools in relation to the school—$500; and

                     (b)  if the program year is the year after the year referred to in paragraph (a)—$250.



 

Part 7 Grants for education in country areas

   

103   Object of Part

                   The object of this Part is to help schools and school communities to improve the educational outcomes and opportunities of students who are educationally disadvantaged because of their geographical isolation.

104   Grants for government schools in country areas

                   The Minister may make a determination authorising payment of financial assistance to a State for expenditure approved by the Minister for a program year connected with the education of students at government schools in country areas of the State.

Note:          Section 106 sets a ceiling on grants to the States under this Part for a program year.

105   Grants for non-government schools in country areas

                   The Minister may make a determination authorising payment of financial assistance to a State for expenditure approved by the Minister for a program year connected with the education of students at non-government schools in country areas of the State.

Note:          Section 106 sets a ceiling on grants to the States under this Part for a program year.

106   Ceiling for grants under this Part

             (1)  The sum of the amounts paid to the States under this Part for a program year must not be more than the amount in column 2 of the table in Part 1 of Schedule 8 for the program year.

             (2)  This section has effect despite sections 104 and 105.



 

Part 8 Grants to foster languages education

   

107   Object of Part

                   The object of this Part is to help schools and school communities to improve the learning outcomes of students who are learning languages other than English.

108   Grants for government schools etc.

             (1)  The Minister may make a determination authorising payment of financial assistance to a State for expenditure for a program year connected with government schools, government educational institutions or any other body (except the relevant authority of a school mentioned in section 109) in the State to improve the learning outcomes of students learning languages other than English.

Note:          Section 111 sets a ceiling on grants to the States under this Part for a program year.

             (2)  In this Act:

government educational institution means an educational institution in a State:

                     (a)  that is not a government school; and

                     (b)  that is conducted by or on behalf of the Government of the State.

109   Grants for non-government schools

                   The Minister may make a determination authorising payment of financial assistance to a State for expenditure for a program year connected with non-government schools in the State to improve the learning outcomes of students who are learning languages other than English.

Note:          Section 111 sets a ceiling on grants to the States under this Part for a program year.

110   Grants for national projects to foster languages education

             (1)  The Minister may approve a project for the purposes of this section if the sole or principal object of the project is to foster the learning of languages other than English.

             (2)  The Minister may make a determination authorising payment to a State for a program year of an amount of financial assistance for:

                     (a)  expenditure on a project approved under subsection (1); and

                     (b)  expenditure to publicise a project approved under subsection (1) by disseminating information about the project or carrying out other related activities in connection with the project.

Note:          Section 111 sets a ceiling on grants to the States under this Part for a program year.

             (3)  It does not matter whether:

                     (a)  the project is conducted by the State or not; or

                     (b)  the project is conducted within, or outside, or within and outside, the State.

111   Ceiling for grants under this Part

             (1)  The sum of the amounts authorised to be paid to the States under this Part for a program year must not be more than the amount in column 3 of the table in Part 1 of Schedule 8 for the program year.

             (2)  This section has effect despite sections 108, 109 and 110.



 

Part 9 Grants for teaching English to new arrivals

   

112   Object of Part

                   The object of this Part is to help with the provision of intensive teaching of the English language to certain students who have recently arrived in Australia.

113   Grants for teaching English as a second language in government schools

             (1)  The Minister may make a determination authorising payment of financial assistance to a State for recurrent expenditure for a program year connected with providing education in English as a second language for eligible new arrivals enrolled in ESL courses:

                     (a)  beginning or continuing in the program year; and

                     (b)  provided at or in connection with government schools in the State.

             (2)  However, the total amount authorised to be paid to a State under subsection (1) for a program year must not be more than the amount worked out using the formula:

where:

number of eligible new arrivals in government schools means the number of eligible new arrivals enrolled in ESL courses, in the State, described in subsection (1).

114   Grants for teaching English as a second language in non-government schools

             (1)  The Minister may make a determination authorising payment of financial assistance to a State for recurrent expenditure for a program year connected with providing education in English as a second language for eligible new arrivals enrolled in ESL courses:

                     (a)  beginning or continuing in the program year; and

                     (b)  provided at or in connection with non-government schools in the State.

             (2)  However, the total amount paid to a State under subsection (1) for a program year must not be more than the amount worked out using the formula:

where:

number of eligible new arrivals in non-government schools means the number of eligible new arrivals enrolled in ESL courses, in the State, described in subsection (1).



 

Part 10 Literacy, numeracy and special learning needs

Division 1 Object of Part

115   Object of Part

             (1)  The object of this Part is:

                     (a)  to help improve the literacy, numeracy and other learning outcomes of students who are educationally disadvantaged (including because they are students with disabilities, Indigenous, of a low socioeconomic background, of a language background other than English or geographically isolated) through grants for schools and grants for national projects; and

                     (b)  to help improve the educational participation and learning outcomes of children, and students, with disabilities through grants for non-government centres.

             (2)  In this Act:

Indigenous means:

                     (a)  a member of the Aboriginal race of Australia; or

                     (b)  a descendant of the Indigenous inhabitants of the Torres Strait Islands.



 

Division 2 Grants for schools

116   Grants for government schools and centres

             (1)  The Minister may make a determination authorising payment of financial assistance to a State for expenditure for a program year connected with:

                     (a)  government schools (including schools providing special education); or

                     (b)  government centres;

in the State to improve the learning outcomes of students who are educationally disadvantaged.

             (2)  The total amount authorised to be paid to the States under this section for a program year must not be more than the amount worked out using the formula:

where:

number of students with disabilities , for a program year, means the number of students with disabilities (including the full-time equivalent of part-time students with disabilities) receiving primary education or secondary education at government schools in the State on the schools census day for the State for the program year immediately before that program year.

strategic assistance amount means the amount in column 2 of the table in Part 2 of Schedule 9 for the program year.

117   Grants for non-government schools

             (1)  The Minister may make a determination authorising payment of financial assistance to a State for expenditure for a program year connected with non-government schools (including schools providing special education) in the State to improve the learning outcomes of students who are educationally disadvantaged.

             (2)  The total amount authorised to be paid to the States under this section for a program year must not be more than the amount worked out using the formula:

where:

number of students with disabilities , for a program year, means the number of students with disabilities (including the full-time equivalent of part-time students with disabilities) receiving primary education, secondary education or distance education at non-government schools in the State on the schools census day for the State for the program year immediately before that program year.

strategic assistance amount means the amount in column 3 of the table in Part 2 of Schedule 9 for the program year.

118   Grants for both government schools and centres and non-government schools

             (1)  The Minister may make a determination authorising payment of financial assistance to a State for expenditure for a program year connected with:

                     (a)  government schools (including schools providing special education); or

                     (b)  government centres; or

                     (c)  non-government schools (including schools providing special education);

in the State to improve the learning outcomes of students who are educationally disadvantaged.

             (2)  The total amount authorised to be paid to the States under this section for a program year must not be more than the amount worked out by adding up:

                     (a)  the amount in column 2 of the table in Part 1 of Schedule 9 for the program year; and

                     (b)  the amount in column 3 of the table in Part 1 of Schedule 9 for the program year.



 

Division 3 Grants for non-government centres

119   Grants for non-government centres

             (1)  The Minister may make a determination authorising payment of financial assistance to a State for a program year for expenditure connected with special education provided at or in connection with non-government centres in the State.

             (2)  The total amount authorised to be paid to the States under this section for a program year must not be more than the amount worked out by adding up:

                     (a)  the amount in column 4 of the table in Part 1 of Schedule 9 for the program year; and

                     (b)  the amount in column 5 of the table in Part 1 of Schedule 9 for the program year.

             (3)  In this Act:

non-government centre means a place in a State at which special education is provided by a non-government body (except a non-government body that is conducted for profit) and that is not a school.



 

Division 4 Grants for national projects

120   Grants for national projects

             (1)  The Minister may approve a project for the purposes of this section if:

                     (a)  the sole or principal object of the project is to improve the learning outcomes of students who are educationally disadvantaged; and

                     (b)  the project is to be carried out in Australia.

             (2)  A project approved under subsection (1) may be a project relating to expenditure mentioned in section 116, 117, 118 or 119.

             (3)  Subsection (2) does not limit subsection (1).

             (4)  It does not matter whether:

                     (a)  the project is conducted by a State or by a non-government body established in a State; or

                     (b)  the project is conducted within, or outside, or within and outside, a State.

             (5)  The Minister may make a determination authorising payment of financial assistance to a State for a program year for:

                     (a)  expenditure on a project approved under subsection (1); and

                     (b)  expenditure to publicise a project approved under subsection (1) by disseminating information about the project or carrying out other related activities in connection with the project.

             (6)  The sum of the amounts authorised to be paid to the States under this section for a program year must not be more than the amount in column 6 of the table in Part 1 of Schedule 9 for the program year.



 

Part 11 Miscellaneous

Division 1 Average Government School Recurrent Costs

121   Changes to Average Government School Recurrent Costs

             (1)  The regulations may provide that an amount specified in the regulations for a program year replaces an amount in Schedule 1 for the program year.

             (2)  The regulations have effect according to their terms.

             (3)  Before the Governor-General makes regulations for the purposes of subsection (1), the Minister must consider changes in the relevant figures known as Average Government School Costs published by:

                     (a)  the Ministerial Council on Education, Employment, Training and Youth Affairs; or

                     (b)  a prescribed body that has a corresponding function.

122   Changes to amounts for primary education

             (1)  This section applies if an amount in Schedule 1 for primary education is replaced for a program year by an amount (the primary AGSRC amount ) under regulations made for the purposes of subsection 121(1).

             (2)  The amount in Schedule 2 for primary education for the program year is replaced by the amount worked out using the formula:

where:

% of AGSRC means the percentage of AGSRC in column 2 of Schedule 2 for primary education.

             (3)  Each amount opposite a percentage of AGSRC in Parts 1 and 3 of Schedule 4 for the program year is replaced by the amount worked out using the formula:

          (4)  If an amount worked out under subsection (2) or (3) is an amount of dollars and cents, the amount is to be rounded to the next higher dollar.

123   Changes to amounts for secondary education

             (1)  This section applies if an amount in Schedule 1 for secondary education is replaced for a program year by an amount (the secondary AGSRC amount ) under regulations made for the purposes of subsection 121(1).

             (2)  The amount in Schedule 2 for secondary education for the program year is replaced by the amount worked out using the formula:

where:

% of AGSRC means the percentage of AGSRC in column 2 of Schedule 2 for secondary education.

             (3)  Each amount opposite a percentage of AGSRC in Parts 2 and 4 of Schedule 4 for the program year is replaced by the amount worked out using the formula:

             (4)  If an amount worked out under subsection (2) or (3) is an amount of dollars and cents, the amount is to be rounded to the next higher dollar.



 

Division 2 Cost supplementation

124   Recurrent grants—general

             (1)  Each of the following amounts (the recurrent amount ):

                     (a)  an amount in the table in Schedule 7 for a program year;

                     (b)  an amount in the table in Part 1 of Schedule 8 for a program year;

                     (c)  an amount in the table in Part 2 of Schedule 8 for a program year;

                     (d)  an amount in column 2, 4 or 6 of the table in Part 1 of Schedule 9 for a program year;

                     (e)  an amount in the table in Part 2 of Schedule 9 for a program year;

is replaced for the program year by the amount worked out using the formula:

where:

recurrent number for the program year means:

                     (a)  1; or

                     (b)  if the regulations set out another number for the program year—that other number.

             (2)  If an amount worked out under paragraph (1)(a), (b) or (d) is not a multiple of $1,000, the amount is to be rounded to the nearest $1,000 (rounding $500 upwards).

             (3)  If an amount worked out under paragraph (1)(c) or (e) is an amount of dollars and cents, the amount is to be rounded to the next higher dollar.

             (4)  Before the Governor-General makes regulations for the purposes of subsection (1), the Minister must consider changes in the relevant figures known as Average Government School Costs published by:

                     (a)  the Ministerial Council on Education, Employment, Training and Youth Affairs; or

                     (b)  a prescribed body that has a corresponding function.

125   Recurrent grants—guarantee amounts

             (1)  The regulations may specify an amount for column 3 or 5 of the table in Part 1 of Schedule 9 for a particular program year.

             (2)  If regulations are made under subsection (1), this Act has effect as if the amount specified in column 3 or 5 of the table in Part 1 of Schedule 9 for that program year were the amount specified in the regulations for that column for that program year.

             (3)  The amount the regulations may specify under subsection (1) may be nil.

126   Capital grants for government schools and non-government schools

             (1)  Each amount (the capital amount ) in:

                     (a)  column 2 of the table in Schedule 3; or

                     (b)  column 2 of the table in Schedule 5;

for a program year is replaced by the amount worked out using the formula:

where:

capital number for the program year means:

                     (a)  1; or

                     (b)  if the regulations set out another number for the program year—that number.

             (2)  If an amount worked out under subsection (1) is not a multiple of $1,000, the amount is to be rounded to the nearest $1,000 (rounding $500 upwards).

             (3)  Before the Governor-General makes regulations for the purposes of subsection (1), the Minister must consider changes in an index of building prices, and an index of wage costs, published by the Australian Statistician.

127   Other grants for non-government rural student hostels

             (1)  The regulations may provide for an amount (the specified amount ) in the table in Schedule 6 to be increased by reference to changes in an index determined in writing by the Finance Minister for the purposes of this section.

             (2)  If regulations are made under subsection (1), this Act has effect as if the specified amount were replaced by that amount as increased in accordance with those regulations.

             (3)  In this section:

Finance Minister means the Minister administering the Financial Management and Accountability Act 1997 .



 

Division 3 Timing of payments etc.

128   Minister may fix amounts and times of payment of financial assistance

             (1)  Financial assistance authorised to be paid to a State or States under this Act is to be paid in such amounts, and at such times, as the Minister determines.

             (2)  A determination under subsection (1) may apply generally to all financial assistance payable under this Act or may be limited to particular financial assistance, including the following:

                     (a)  financial assistance payable to a particular State or States;

                     (b)  financial assistance payable under a particular provision or provisions of this Act;

                     (c)  financial assistance payable for a particular program year or program years;

                     (d)  a combination of any of the above.

129   Advances

             (1)  The Minister may make an advance to a State on account of an amount that is expected to become payable under this Act to the State.

             (2)  The conditions that would apply to the payment apply to the advance.

130   Determination authorising the making of payments may authorise Minister to determine amounts of payments

                   Whenever this Act provides that the Minister may make a determination authorising the making of payments to a State, the determination may either:

                     (a)  set out the amounts authorised to be paid; or

                     (b)  authorise the Minister (or another person named in the determination) to decide those amounts.



 

Division 4 False or misleading statements

131   Payment reduction for false or misleading statement

             (1)  This section applies if:

                     (a)  a person made a statement for the purposes of:

                              (i)  an Education Assistance Act; or

                             (ii)  an agreement made as mentioned in such an Act;

                            relating to the grant of financial assistance for schools, hostels, approved government school community organisations or other bodies involved in primary education or secondary education; and

                     (b)  the statement was made to:

                              (i)  the Minister administering that Act; or

                             (ii)  the Secretary of the Department administering that Act; or

                            (iii)  a public service employee in the Department administering that Act; or

                            (iv)  a block grant authority for the purposes of that Act; or

                             (v)  a person employed by or acting on behalf of such an authority; and

                     (c)  the statement was false or misleading in a material particular; and

                     (d)  relying on the statement, a payment has been made under this Act to a State, for the State, for an approved government school community organisation or for a non-government body (including a block grant authority and a nominated authority), of an amount that, in the Minister’s opinion, exceeds the amount that would have been authorised to be paid if the statement had not been false or misleading in a material particular.

             (2)  The Minister may make a determination reducing any amount payable to the State under this Act for the State, the approved government school community organisation or the non-government body (as appropriate), in one or more program years, by the amount of the excess.

             (3)  A determination under this section may take effect from a day before the day on which the determination was made.

132   Change of SES score due to false or misleading statement

             (1)  This section applies if:

                     (a)  the approved authority of a non-systemic school, or of an approved school system, made a statement for the purposes of:

                              (i)  an Education Assistance Act; or

                             (ii)  the making of an agreement as mentioned in such an Act;

                            relating to the grant of financial assistance for schools or other bodies involved in primary education or secondary education; and

                     (b)  the statement was made to:

                              (i)  the Minister administering that Act; or

                             (ii)  the Secretary of the Department administering that Act; or

                            (iii)  a public service employee in the Department administering that Act; and

                     (c)  the statement was false or misleading in a material particular; and

                     (d)  as a result of the statement:

                              (i)  the school; or

                             (ii)  a school in the approved school system;

                            obtains a higher funding level for the purposes of meeting recurrent expenditure than, in the Minister’s opinion, the school may have obtained if the statement had not been made.

             (2)  The Minister may make a determination varying the list of non-government schools by setting out:

                     (a)  a different SES score for the school; and

                     (b)  a different current SES funding level for the school relating to that SES score.

             (3)  A determination under this section may take effect from a day before the day on which the determination was made.



 

Division 5 Appropriation and authority to borrow

133   Appropriation

                   The Consolidated Revenue Fund is appropriated as necessary for the purposes of this Act.

134  Authority to borrow

                   The Treasurer may, from time to time, in accordance with the provisions of the Commonwealth Inscribed Stock Act 1911 , or in accordance with the provisions of an Act authorising the issue of Treasury Bills, borrow amounts totalling not more than the sum of the amounts that may become payable to the States under sections 69 and 99 of this Act.



 

Division 6 Administrative matters

135   Determinations, approvals etc. by Minister

             (1)  A determination or approval by the Minister under this Act must be in writing.

             (2)  A determination or approval takes effect on:

                     (a)  the day stated for the purpose in the determination or approval; or

                     (b)  if no day is stated—the day on which the determination is made or approval is given.

             (3)  The provision of this Act under which, or for the purposes of which, a determination is made or an approval is given may permit the day of effect of the determination or approval to be a day before the day on which the determination is made, or the approval is given.

             (4)  If:

                     (a)  a provision of this Act refers to a determination made, approval given or other act or thing done by the Minister; and

                     (b)  no other provision of this Act expressly authorises the Minister to make such a determination, give such an approval or do such an act or thing;

this subsection authorises the Minister to make such a determination, give such an approval or do such an act or thing.

             (5)  In this Act, unless the contrary intention appears, a reference to a determination or approval by the Minister is a reference to such a determination or approval that is in force.

136   Revocation or variation of determinations or approvals by Minister

             (1)  The power of the Minister under this Act to make a determination or give an approval includes the power, by writing, to revoke or vary a previous determination made, or previous approval given, in the exercise of the power.

             (2)  An instrument that is expressed to revoke a determination as previously varied, or to revoke an approval as previously varied, has effect as the revocation of the determination or approval and of every later instrument so far as that later instrument varied the determination or approval or varied the determination or approval as previously varied.

             (3)  An instrument that is expressed to vary a determination as previously varied or to vary an approval as previously varied has effect according to its terms even though it does not specifically refer to the previous instruments of variation.

             (4)  The one instrument may contain one or more revocations or one or more variations, or both.

             (5)  An instrument of revocation or variation takes effect on:

                     (a)  the day stated for the purpose in the instrument; or

                     (b)  if no day is stated—the day on which the instrument is made.

             (6)  The day of effect of an instrument revoking or varying a determination or approval may be a day before the day of the making of the instrument only if the provision under or for the purposes of which the determination or approval was made or given permits the determination or approval to take effect on a day before it was made or given.

             (7)  Subsection (6) has effect despite subsection (5).

137   Delegation

                   The Minister may, by written instrument, delegate all or any of the Minister’s powers and functions under this Act or under an agreement mentioned in this Act to:

                     (a)  the Secretary of the Department; or

                     (b)  an SES employee in the Department.

Note:          SES employee is defined in the Acts Interpretation Act 1901 .

138   Report by Minister

             (1)  This section applies to each of the years 2005, 2006, 2007, 2008, 2009, 2010 and 2011.

             (2)  As soon as practicable after 30 June next following the year, the Minister must cause a report dealing with the following to be laid before each House of the Parliament:

                     (a)  financial assistance (if any) granted in the year under this Act for recurrent expenditure;

                     (b)  the application of the financial assistance granted in the year under this Act (including financial assistance by way of capital grants).



 

Division 7 Overseas students

139   Overseas students

                   Financial assistance under this Act is not to be provided to a State for overseas students.



 

Division 8 Regulations

140   Regulations

             (1)  The Governor-General may make regulations prescribing all 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.

             (2)  Despite the Legislative Instruments Act 2003 , regulations made for the purposes of section 14, 15, 19, 31, 32 or 36 of this Act take effect not earlier than on the first day on which they are no longer liable to be disallowed, or to have been taken to have been disallowed, under that Act.



 

Part 12 Transitional provisions

   

141   Application of this Part

             (1)  This Part has effect despite any other provision of this Act.

             (2)  If, under this Part, a determination, approval, declaration, list or other instrument made, given or kept under the former Act is taken to be made, given or kept under this Act, subsection (1) does not prevent the application of this Act other than this Part in relation to that determination, approval, declaration, list or other instrument as it has effect because of this Part.

142   Approved authority

                   A determination in force immediately before 1 January 2005 for the purposes of any of the following provisions of the former Act:

                     (a)  paragraph 42(a);

                     (b)  paragraph 44(5)(b);

                     (c)  subsection 46(2);

                     (d)  paragraph (a) of the definition of approved authority in section 9;

is taken to be a determination made by the Minister for the purposes of section 9 of this Act.

143   Levels of education

                   A determination made by the relevant Minister under section 6 of the former Act and in force immediately before 1 January 2005 is taken to be a determination made by the Minister under section 7 of this Act.

144   Previous list of non-government schools

             (1)  The list (the old list ) that was kept by the relevant Minister immediately before 1 January 2005 under subsection 33(1) of the former Act is taken to be the list of non-government schools kept by the Minister under subsection 47(1) of this Act.

             (2)  Subsection (1) does not apply to the old list to the extent to which the old list specified an SES score or a funding level.

Note:          SES scores and funding levels are dealt with under sections 146 and 147.

Manner in which list is kept

             (3)  A determination made by the Minister for the purposes of subsection 33(2) of the former Act and in force immediately before 1 January 2005 is taken to be a determination made by the Minister for the purposes of subsection 47(2) of this Act.

Approved authorities

             (4)  An approved authority that is taken (because of section 142) to have been determined by the Minister under section 9 of this Act to be the approved authority of an approved school system, or of a non-systemic school, is taken to be included in the list of non-government schools as a matter mentioned in paragraph 47(3)(c) or (d) for the appropriate system or school.

145   Previous list of approved school systems

             (1)  The list that was kept by the relevant Minister immediately before 1 January 2005 under subsection 34(1) of the former Act is taken to be the list of approved school systems kept by the Minister under subsection 48(1) of this Act.

Manner in which list is kept

             (2)  A determination made by the Minister for the purposes of subsection 34(2) of the former Act and in force immediately before 1 January 2005 is taken to be a determination made by the Minister for the purposes of subsection 48(2) of this Act.

146   SES scores and funding levels of existing non-systemic schools

             (1)  This section applies to a non-systemic school included in the list of non-government schools because of subsection 144(1).

             (2)  The Minister must vary the list by setting out the school’s:

                     (a)  SES score if the school is not a special school; and

                     (b)  funding level.

             (3)  A variation under subsection (2) takes effect, or is taken to have taken effect, on 1 January 2005.

Once only operation

             (4)  Subsection (2) requires the Minister to vary the list only once in relation to each school.

             (5)  This section does not prevent the Minister varying the list of non-government schools for the purposes of section 132.

147   SES scores and funding levels of existing systemic schools

             (1)  This section applies to each systemic school in an approved school system that is included in the list of approved school systems because of subsection 145(1).

             (2)  The Minister must vary the list of non-government schools by setting out the school’s:

                     (a)  SES score if the school is not a special school; and

                     (b)  funding level.

             (3)  A variation under subsection (2) takes effect, or is taken to have taken effect, on 1 January 2005.

Once only operation

             (4)  Subsection (2) requires the Minister to vary the list only once in relation to each school.

             (5)  This section does not prevent the Minister varying the list of non-government schools for the purposes of section 132.

148   Overseas students

                   A determination made by the relevant Minister for the purposes of the definition of overseas student in subsection 52(2) of the former Act and in force immediately before 1 January 2005 is taken to be a determination made by the Minister for the purposes of the definition of overseas student in subsection 67(2) of this Act.

149   Block grant authority

                   A determination made by the Minister under the definition of block grant authority in subsection 4(1) of the former Act and in force immediately before 1 January 2005 is taken to be a determination made by the Minister for the purposes of the definition of block grant authority in section 4 of this Act.

150   Regulations

Agreement—performance targets and measures

             (1)  Regulations made for the purposes of paragraph 12(1)(b) of the former Act and in force immediately before 1 January 2005 also have effect, on and after 1 January 2005, as if they had been made under paragraph 14(1)(b) of this Act.

             (2)  Regulations made for the purposes of paragraph 19(b) of the former Act and in force immediately before 1 January 2005 also have effect, on and after 1 January 2005, as if they had been made under paragraph 31(b) of this Act.

Educational accountability—performance information

             (3)  Regulations made for the purposes of paragraph 15(b) of the former Act and in force immediately before 1 January 2005 also have effect, on and after 1 January 2005, as if they had been made under paragraph 19(1)(b) of this Act.

             (4)  Regulations made for the purposes of paragraph 23(b) of the former Act and in force immediately before 1 January 2005 also have effect, on and after 1 January 2005, as if they had been made under paragraph 36(1)(b) of this Act.

Educational accountability—performance targets

             (5)  Regulations made for the purposes of paragraph 15(e) of the former Act and in force immediately before 1 January 2005 also have effect, on and after 1 January 2005, as if they had been made under paragraph 19(3)(f) of this Act.

             (6)  Regulations made for the purposes of paragraph 23(e) of the former Act and in force immediately before 1 January 2005 also have effect, on and after 1 January 2005, as if they had been made under paragraph 36(3)(f) of this Act.

151   Guidelines

                   Guidelines approved by the Minister for the purposes of subsection 7(1) of the former Act and in force immediately before 1 January 2005 also have effect, on and after 1 January 2005, as if:

                     (a)  they had been made under section 8 of this Act; and

                     (b)  for each of the old references in the following table, the new reference were substituted:

 

Guidelines

Item

Old reference

New reference

1

section 7 of the States Grants (Primary and Secondary Education Assistance) Act 2000

section 8 of the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004

2

States Grants (Primary and Secondary Education Assistance) (SES Scores Guidelines) Approval 2000

States Grants (Primary and Secondary Education Assistance) (SES Scores Guidelines) Approval 2004

3

1 January 2001

1 January 2005

4

States Grants (Primary and Secondary Education Assistance) Act 2000

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

5

2000, 2001, 2002, 2003 or 2004 calendar year

2003, 2004, 2005, 2006, 2007 or 2008 calendar year

6

1996 Census of Population and Housing

2001 Census of Population and Housing

7

the document entitled Funding Arrangements for Non-Government Schools 2001-2004: SES Dimension Scores for Census Collection Districts (CDs) based on the SES Index for General Recurrent Grants Funding

the document entitled SES Dimension Scores for the Census Collection Districts (CDs) based on the SES Index for General Recurrent Grants Funding 2005-2008