SCHOOLS ASSISTANCE (LEARNING TOGETHER - ACHIEVEMENT THROUGH CHOICE AND OPPORTUNITY) BILL 2004

2004

The Parliament of the
Commonwealth of Australia

HOUSE OF REPRESENTATIVES

Presented and read a first time

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

No. , 2004

(Education, Science and Training)

A Bill for an Act to grant financial assistance to the States for 2005 to 2008 for primary and secondary education, and for related purposes

A Bill for an Act to grant financial assistance to the States for 2005 to 2008 for primary and secondary education, and for related purposes

Part 1—Preliminary

1 Short title

This Act may be cited as the Schools Assistance (Learning Together—Achievement Through Choice and Opportunity) Act 2004.

2 Commencement

3 Simplified outline of Act

(2) Financial assistance may be paid to the States for both government and non-government schools in the States for:

(a) the 2005 to 2008 calendar years (for grants for general recurrent expenditure and expenditure for specific purposes); and

(4) Financial assistance to a State for government schools must not be paid unless there is an agreement with the State. The agreement must set out the conditions on financial assistance, including conditions that this Act requires the agreement to include.

(5) Financial assistance to a State for a non-government school or system of schools must not be paid unless:

(a) there is an agreement with the relevant authority of the school or system that sets out the requirements that this Act requires the agreement to include; and

(b) the list of non-government schools includes the school, or the schools in the system.

(6) If there is a breach of a condition, the Minister may require an amount to be repaid to the Commonwealth. Alternatively, the Minister may reduce or delay the amount of other payments under this Act.

4 Definitions

(a) the Average Government School Recurrent Costs in Schedule 1 for primary education for the program year; or

(b) if regulations are made for the purposes of subsection 121(1) for primary education for the program year—the amount specified in the regulations for that year.

(a) the Average Government School Recurrent Costs in Schedule 1 for secondary education for the program year; or

(b) if regulations are made for the purposes of subsection 121(1) for secondary education for the program year—the amount specified in the regulations for that year.

approved authority means a body determined under section 9 to be an approved authority.

(a) that is included in the list of approved school systems kept under section 48; and

approved government school community organisation means a body corporate determined under section 11 to be an approved government school community organisation.

approved school system means a school system that is included in the list of approved school systems kept under section 48.

block grant authority means a body corporate that the Minister determines to be a block grant authority for the purposes of Division 3 of Part 6 in connection with non-government schools or non-government rural student hostels.

body means any organisation or body, whether incorporated or not, or an individual.

capital expenditure includes expenditure relating to any one or more of the following:

(i) schools, government rural student hostels or non-government rural student hostels in particular areas; or

(ii) schools, government rural student hostels or non-government rural student hostels of particular kinds in particular areas; or

(c) planning for the erection, alteration, extension, demolition or refurbishment of a building, part of a building or other facility;

(e) erecting, altering, extending, demolishing or refurbishing a building, part of a building or other facility;

(i) providing library materials or obtaining services and goods for cataloguing a library;

(ii) who does not attend a government school, a government centre, a non-government school or a non-government centre; and

current SES funding level, for a school with a particular SES score, means the percentage of AGSRC in column 2 of the table in each of Parts 1 and 2 of Schedule 4 that relates to that SES score.

disability assessment, for a child or a student, means an assessment, by a person with relevant qualifications, that the child or student has an intellectual impairment, a sensory impairment, a physical impairment, a social impairment, an emotional impairment or more than one of those impairments to a degree that satisfies the criteria for eligibility to access:

Education Assistance Act means this Act, the former Act, the 1996 Act or the 1992 Act.

education in English as a second language for eligible new arrivals means education that is provided for the purpose of teaching the English language to eligible new arrivals by means of intensive instruction.

(b) who satisfies criteria determined by the Minister for the purposes of this paragraph for being a person newly arrived in Australia; and

(iv) the person is not an Australian citizen but has his or her permanent home in the Territory of Christmas Island or in the Territory of Cocos (Keeling) Islands;

(v) the person satisfies criteria determined by the Minister for the purposes of this subparagraph.

A determination under subparagraph (c)(v) of this definition may take effect from a day before the day on which the determination was made, but not before 1 January 2005.

ESL new arrivals amount, for a program year, means the amount in Part 2 of Schedule 8 for the program year.

former Act means the States Grants (Primary and Secondary Education Assistance) Act 2000.

government centre means a place conducted by or on behalf of the Government of a State at which special education is provided.

government educational institution has the meaning given by subsection 108(2).

government rural student hostel means a hostel in a State whose primary purpose is to provide accommodation for students from rural areas who are undertaking education at government schools in the State (whether or not it also provides accommodation for other students), but does not include a hostel that is conducted for profit.

government school, in relation to a State, means a school in the State that is conducted by or on behalf of the Government of the State.

guardian, in relation to a child, includes a person who has been granted (whether alone or jointly with another person or other persons) guardianship of the child under the law of the Commonwealth or of a State or Territory.

list of approved school systems means the list of approved school systems kept under section 48.

list of non-government schools means the list of non-government schools kept under section 47.

non-government body means a body that is not managed or controlled by or on behalf of the Government of a State and:

(a) includes an approved school system, a systemic school, a non-systemic school, a non-government centre and a non-government rural student hostel; and

(b) for the purposes of grants under section 99 or 100 for projects in connection with non-government rural student hostels—includes a local government body;

(c) whose primary purpose is to provide accommodation for students from rural areas who are undertaking education at schools in the State (whether or not it also provides accommodation for other students);

but does not include a government rural student hostel or a hostel that is conducted for profit.

non-government school means a school in a State that is not conducted by or on behalf of the Government of a State, but does not include a school conducted for profit.

(b) is in the list of non-government schools as not being included in an approved school system.

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

number of primary students, for a non-government school in a State for a program year, means the number of students (including the full-time equivalent of part-time students) receiving primary education at the school on the schools census day for the school for the program year, but not including students receiving primary distance education.

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

number of secondary students, for a non-government school in a State for a program year, means the number of students (including the full-time equivalent of part-time students) receiving secondary education at the school on the schools census day for the school for the program year, but not including students receiving secondary distance education.

(b) in relation to capital grants—the 2005, 2006, 2007, 2008, 2009, 2010 or 2011 calendar year.

(a) is registered, or is taken to be registered, as a company auditor under Part 9.2 of the Corporations Act 2001; or

(b) is a member of CPA Australia or the Institute of Chartered Accountants in Australia; or

recurrent expenditure means expenditure relating to the ongoing operating costs of schools.

(b) in respect of a payment for a project administered by a block grant authority—the block grant authority.

relevant Minister, in relation to a provision of the former Act, means (except in a reference to a State Minister) the Minister who administered that provision.

school includes a proposed school, but does not include a school at which education is provided at a standard (however described) that is pre-school standard only.

schools census day, for a State for a program year, means the day in that year (being a day as close as possible to 1 August in that year) that the State Minister notifies the Minister is the schools census day for the State for that year.

(a) for a non-systemic school, or an approved school system, in a State for a program year—the schools census day for the State for that program year; or

(b) for a non-systemic school, or an approved school system, for a program year and in relation to which the Minister has, because of special circumstances, declared a particular day in that program year to be the schools census day for the school or system for that program year—the day so declared; or

(ii) the State Minister and the Minister have agreed that a particular day in that program year is to be the schools census day for the school or system for that program year;

secondary education means junior secondary education or senior secondary education.

special education means education under special programs, or special activities, designed specifically for children with disabilities or students with disabilities, or both.

(a) has been, or is likely to be, recognised by the State Minister as a special school; and

State includes the Australian Capital Territory and the Northern Territory.

State Minister, for a State, means the Minister of the State who is responsible, or primarily responsible, for the administration of matters relating to school education in the State.

(a) who attends a government school, a government centre, a non-government school (whether or not as a distance education student) or a non-government centre; and

(b) is in the list of non-government schools as being included in an approved school system.

the 1992 Act means the States Grants (Primary and Secondary Education Assistance) Act 1992.

the 1996 Act means the States Grants (Primary and Secondary Education Assistance) Act 1996.

year 2000 funding level, for a school, means the percentage of AGSRC in column 1 of the table in each of Parts 3 and 4 of Schedule 4 to the former Act that was used to determine amounts payable in respect of the school for the 2004 program year.

year 2004 funding level, for a school, means the percentage of AGSRC in column 2 of the table in each of Parts 1 and 2 of Schedule 4 to the former Act that was used to determine amounts payable in respect of the school for the 2004 program year.

year 2004 primary amount, for a school, means the amount in column 6 of the table in Part 1 of Schedule 4 to the former Act that was used to determine amounts payable in respect of the school for the 2004 program year.

year 2004 secondary amount, for a school, means the amount in column 6 of the table in Part 2 of Schedule 4 to the former Act that was used to determine amounts payable in respect of the school for the 2004 program year.

5 Students receiving education at non-government schools

(1) For the purposes of this Act, a student is taken not to be receiving primary education or not to be receiving secondary education (as appropriate) at a non-government school unless:

(a) the student attends, on a daily basis, the school at a location specified in the list of non-government schools in respect of the school; or

(b) the Minister has determined that the student is to be treated (because of special circumstances) as so attending the school.

(2) For the purposes of this Act, a student is taken not to be receiving primary distance education or not to be receiving secondary distance education (as appropriate) at a non-government school in a State if:

(b) the school is not approved in accordance with the law of the State in which the school is located to provide distance education; or

(c) the student is approved as a home education student (however described) in accordance with the law of the State in which the student resides.

6 Funding level

(a) the school’s current SES funding level if Subdivision C or F of Division 2 of Part 6 is used to work out the funding for the school’s general recurrent expenditure; or

(b) the school’s year 2000 funding level if Subdivision D of Division 2 of Part 6 is used to work out the funding for the school’s general recurrent expenditure; or

(c) the school’s year 2004 funding level if Subdivision E of Division 2 of Part 6 is used to work out the funding for the school’s general recurrent expenditure; or

(d) 70.0% of AGSRC if Subdivision G of Division 2 of Part 6 (which deals with special schools) is used to work out the funding for the school’s general recurrent expenditure.

7 Levels of education

(1) For the purposes of this Act, the Minister may make a determination declaring what is a level of primary education or a level of secondary education for a State. The determination may relate to:

(2) In making a determination under subsection (1), the Minister must have regard to the arrangements made for providing education at government schools in the State. This does not limit the matters to which the Minister may have regard.

(3) The Minister must cause a copy of each determination under subsection (1) to be published in the Gazette as soon as practicable after the determination is made.

(4) A reference in this Act to a level of education at a school in a State includes a reference to a year in a course of primary education or secondary education provided at the school at a level, determined by the Minister, that applies to the school.

8 SES score

(1) For the purposes of this Act, an SES score means a whole number determined by the Minister for a school in accordance with guidelines approved by the Minister.

(2) Guidelines approved by the Minister for the purposes of subsection (1) are a legislative instrument for the purposes of the Legislative Instruments Act 2003.

9 Approved authority

10 Nominated authority

A group of non-government schools may make a written nomination to the Secretary of the Department of a body to be the nominated authority of the group for the purposes of this Act or of a particular provision or particular provisions of this Act.

11 Approved government school community organisation

The Minister may determine that a body corporate that the Minister is satisfied:

is the approved government school community organisation for the school for the purposes of this Act.

Part 2—General provisions relating to grants

Division 1—Simplified outline of Part

12 Simplified outline

(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.

(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.

(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

(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

(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

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

(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

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

(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.

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

19 Specific condition—educational accountability

(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:

(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.

(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).

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:

(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.

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.

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.

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:

(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;

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).

(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:

(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:

(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

(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;

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

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

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

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) 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:

(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;

(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:

(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;

(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.

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.

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:

(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;

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

(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

(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

(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.

(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

(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.

Part 3—Lists of non-government schools and approved school systems

Division 1—Funding of non-government schools

46 Funding of non-government schools

Financial assistance under this Act is not to be provided to a State for education at a particular level at a particular location at a non-government school unless the school is included in the list of non-government schools for the level and location.

Division 2—List of non-government schools

47 List of non-government schools

(1) The Minister must keep a list of non-government schools for which financial assistance may be provided under this Act.

(2) The list may be kept in any manner that the Minister determines, which may be wholly or partly by means of a computer or any other electronic or other device.

(3) The list is to contain the following details for each school included in the list:

(c) if the school is included in an approved school system—the name of the system and the name of each approved authority of the system for the purposes of each relevant provision of this Act;

(d) if the school is not included in an approved school system—the name of each approved authority of the school for the purposes of each relevant provision of this Act;

(e) the address of each location at which the school provides education for which financial assistance may be provided under this Act;

(i) each level of education that is provided at the school and for which financial assistance may be provided under this Act; and

(ii) if more than one location is listed under paragraph (e) for the school—each level of education that is provided at each of those locations and for which financial assistance may be provided under this Act;

(g) whether or not the school is approved in accordance with the law of the State in which the school is located to provide distance education for a level of education at a location;

(4) As soon as practicable after 1 July in each program year, the Minister must arrange for a notice to be published in the Gazette setting out:

If Subdivision F of Division 2 of Part 6 is used to work out the funding for the school’s general recurrent expenditure for a particular level of education, the notice must also indicate that the school’s funding for that level of education is guaranteed under that Subdivision.

Division 3—List of approved school systems

48 List of approved school systems

(2) The list may be kept in any manner that the Minister determines, which may be wholly or partly by means of a computer or any other electronic or other device.

(4) As soon as practicable after 1 July in each program year, the Minister must arrange for the following to be published in the Gazette:

(b) the name of each systemic school in each approved school system included in the list.

Part 4—Varying lists

Division 1—Simplified outline of Part

49 Simplified outline

(2) The list of non-government schools and the list of approved school systems may be varied only for a reason specified in this Act. The reasons include the following:

Division 2—Varying lists of non-government schools and approved school systems

50 Varying list of non-government schools

(1) Any variation of the list of non-government schools is to be made by determination by the Minister.

Note 1: Section 65 requires the Minister to give notice of the determination to the approved authority.

Note 2: For the circumstances in which a variation of the list of non-government schools may be made, see subsections (2), (3), (4) , (5), (6) and (7) and sections 53, 57, 58, 59, 61, 64 and 131.

(2) If a school, in a State, that is included in the list ceases to be recognised by the State for a particular level of education, the Minister may vary the list to remove the reference to that level of education for the school.

(3) If a school, in a State, that is included in the list ceases to be approved in accordance with the law of the State to provide distance education for a particular level of education at a particular location, the Minister may vary the list to remove the reference to distance education for that level of education at that location.

(4) If a school, in a State, that is included in the list as a special school ceases to be recognised by the State as a special school, the Minister may vary the list to:

at a later time is recognised by the State as a special school, the Minister may vary the list to:

(b) to correct clerical errors or to make alterations of a formal kind, including to remove from the list:

(ii) the address of a location at which a school has ceased to provide education; or

(iii) a reference to a level of education at a school that has ceased to provide education at that level.

51 Varying list of approved school systems

(1) Any variation of the list of approved school systems is to be made by determination by the Minister.

Note: Section 65 requires the Minister to give notice of the determination to the approved authority.

(2) The Minister may vary the list to correct clerical errors or to make alterations of a formal kind, including the removal from the list of the name of a school system that has ceased to exist.

Division 3—Change of funding level

52 Application to change funding level of non-government school due to incorrect SES score etc.

(1) The approved authority of a school that is included in the list of non-government schools with an SES score may apply to the Minister to vary the list to change the SES score if the approved authority considers that the SES score:

(b) without limiting paragraph (a), does not reflect the socioeconomic circumstances of the school’s community (in the way required by the guidelines approved by the Minister under section 8); or

(b) set out the name and address of the school and of the approved authority of the school; and

(d) set out the reasons why the approved authority considers the SES score should be changed.

53 Change of funding level of non-government school due to incorrect SES score etc.

(1) If the Minister is satisfied that the school’s SES score (the old SES score):

(b) without limiting paragraph (a), does not reflect the socioeconomic circumstances of the school’s community (in the way required by the guidelines approved by the Minister under section 8); or

(e) determine a different current SES funding level for the school if, immediately before the Minister determined the new SES score, Subdivision C of Division 2 of Part 6 applied to the school; and

(f) determine a current SES funding level for the school if, immediately before the Minister determined the new SES score, Subdivision D or E of Division 2 of Part 6 applied to the school; and

(g) determine a current SES funding level for the school if, immediately before the Minister determined the new SES score, Subdivision F of Division 2 of Part 6 applied to the school; and

(a) the program year in which the application under section 52 is made if the current SES funding level determined under that paragraph is equal to or greater than the percentage of AGSRC relating to the school’s old SES score; or

(b) the program year immediately after the program year in which the application under section 52 is made if the current SES funding level determined under that paragraph is less than the percentage of AGSRC relating to the school’s old SES score.

(3) The Minister must refuse the application if the Minister is not satisfied of any of the matters in subsection (1).

Note: Section 65 requires the Minister to give notice of the determination to the approved authority.

(4) A variation under this section must not take effect for a program year before the program year in which the application is made.

Division 4—Change of approved authority

54 Application of Division

(a) a proposal for a new body to be approved as the approved authority of a non-systemic school; or

(b) a proposal for a new body to be approved as the approved authority of an approved school system.

(2) However, this Division does not apply to a proposal that is consequential on a proposal to which Division 5 or 6 applies.

55 How to obtain Ministerial approval of proposal

(1) The approved authority (the existing authority) of a non-systemic school or of an approved school system may apply in writing to the Minister for approval of a proposal.

(a) set out details of the school or of the school system (as appropriate) and of the new body; and

(b) state whether the new body agrees to fulfil obligations (if any) of the existing authority under this Act or the former Act in relation to the school or the school system that have not been fulfilled; and

56 Decision by Minister on application

(a) the new body is recognised by the State Minister under the law of the State in which the non-systemic school or the schools in the approved school system are situated (if that law requires the new body to be recognised); and

(d) the agreement made by the new body with the Commonwealth as mentioned in subsection 30(1) provides that the new body agrees to fulfil the obligations (if any) of the existing authority under this Act or the former Act that have not been fulfilled in respect of the school or of the schools in the system.

57 Varying list of non-government schools

(a) determine that the new body is the approved authority of the non-systemic school or of the approved school system (as appropriate); and

Note: Section 65 requires the Minister to give notice of the determination to the approved authority.

Division 5—Change in systemic status

58 Proposal for a non-systemic school to become a member of an approved school system

(1) The approved authority of a non-systemic school may apply in writing to the Minister for approval of a proposal for the school to become a member of an approved school system.

(a) set out the name and address of the school and of the approved school system; and

(b) be accompanied by evidence that the approved authority of the approved school system agrees to the school becoming a member of the system; and

(d) state whether the approved authority of the approved school system agrees to fulfil the obligations (if any) of the approved authority of the school under this Act or the former Act that have not been fulfilled; and

(a) the agreement made by the approved authority of the approved school system with the Commonwealth as mentioned in subsection 30(1) (or the agreement as varied) applies to the school for the earliest program year to which the proposal relates, and all later program years; and

(b) the agreement has been varied to provide that the approved authority of the approved school system has agreed to fulfil the obligations (if any) of the approved authority of the school under this Act or the former Act that have not been fulfilled.

(5) If the Minister approves the proposal, the Minister must make the appropriate variations to the list of non-government schools.

Note: Section 65 requires the Minister to give notice of the determination to the approved authority.

59 Proposal for a school to cease to be a member of an approved school system

(1) Either of the following may apply in writing to the Minister to approve a proposal for a school that is a member of an approved school system to cease to be a member of the approved school system:

(a) the body (the responsible body) that is to be principally responsible for the school under the proposal;

(c) state whether the responsible body agrees to fulfil the obligations (if any) of the approved authority of the approved school system under this Act or the former Act in relation to the school that have not been fulfilled; and

(i) the application is accompanied by evidence that the approved authority of the approved school system agrees to the school ceasing to be a member of the approved school system; or

(ii) the Minister has given notice to the approved authority of the approved school system in relation to the proposal; and

(d) the responsible body has made an agreement with the Commonwealth as mentioned in subsection 30(1) for the earliest program year to which the proposal relates, and all later program years; and

(e) the agreement provides that the responsible body agrees to fulfil the obligations (if any) of the approved authority of the approved school system under this Act or the former Act in relation to the school that have not been fulfilled.

(b) determine that the responsible body is the approved authority of the school.

Note: Section 65 requires the Minister to give notice of the determination to the approved authority.

Division 6—Changes to schools or education provided

60 Application to vary list of non-government schools

(1) The approved authority of a school may apply to the Minister to have the list of non-government schools varied to take account of a location proposal.

location proposal means a proposal to vary the list of non-government schools to take account of a change as a result of which a systemic school or a non-systemic school will provide:

(a) a new level of education at a location for which the school is already included in the list for the provision of another level of education; or

(3) An application to the Minister to have the list of non-government schools varied to take account of a new school proposal in respect of a school may be made by:

(a) if the school is to be included in an approved school system—the approved authority of the system; or

new school proposal means a proposal to include in the list of non-government schools:

(a) a school formed as a result of the amalgamation of a systemic or non-systemic school with another school, whether or not the other school is included in the list; or

(b) a school formed as a result of the separation of a systemic school or a non-systemic school into 2 or more schools; or

(d) if the applicant considers that there are exceptional circumstances that justify the variation applying to the program year immediately preceding the program year in which the application is made—set out those circumstances; and

(6) The earliest program year to be stated in an application for the purposes of paragraph (5)(c) is to be:

(b) the program year immediately following the program year in which the application is made; or

(c) if the applicant considers that there are exceptional circumstances that justify the variation applying to the program year immediately preceding the program year in which the application is made—that preceding program year.

61 Decision by Minister on application

(a) make a determination varying the list of non-government schools to take account of the proposal; or

The Minister’s power under paragraph (a) is subject to the requirements in sections 62 and 63.

Note: Section 64 requires the Minister to also vary the list to include a funding level of a school that is covered by a new school proposal.

(2) If the variation is to take account of a new school proposal under which the school concerned is not included in an approved school system, the Minister must determine the body that is to be the approved authority of the school.

Note: Section 65 requires the Minister to give notice of the determination to the approved authority.

62 Prerequisites for variation of list

(1) The Minister must not make a determination varying the list of non-government schools to take account of the proposal unless the applicable requirements of this section have been satisfied.

(a) education has begun to be provided by the school at the location concerned in accordance with the relevant paragraph of the definition of location proposal; and

(b) the provision of education by the school at the location concerned in accordance with the relevant paragraph of the definition of location proposal has been recognised by the State Minister of the State in which the school is situated; and

(c) if the proposal relates to distance education—the school is approved, in accordance with the law of the State in which it is located, to provide distance education; and

(d) the requirements under paragraphs (a), (b) and (c) are satisfied before the schools census day for the school in the earliest program year to which the variation is to apply.

(b) education at the school has been recognised by the State Minister of the State in which the school is situated; and

(d) if the school is not included in an approved school system—the applicant for the proposal is a body corporate; and

(e) the requirements under paragraphs (a), (b), (c) and (d) are satisfied before the schools census day for the school in the earliest program year to which the variation is to apply.

63 Application relating to previous program year

The Minister must not vary the list of non-government schools with effect from a date in the program year preceding the program year in which the application is made unless the Minister is satisfied that there are exceptional circumstances that justify the variation taking effect in that preceding program year.

Division 7—Miscellaneous

64 Variation to include funding level in certain circumstances

(1) If the Minister varies the list of non-government schools under this Part in relation to a school in any of the circumstances set out in subsection (2), the Minister must:

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

(i) that SES score if the school’s SES score is determined under paragraph (a); and

(a) a school formed as a result of the amalgamation of a non-systemic school or a systemic school with another school, whether or not the other school is included in the list; or

(b) a school formed as a result of the separation of a non-systemic school or a systemic school into 2 or more schools; or

(d) an existing school that was not included in the list immediately before the variation of the list.

65 Minister to give notice to authority of determination

If the Minister makes a determination under this Part, the Minister must give written notice of the determination to the approved authority concerned (if any).

66 Determination may be given retrospective effect

Subject to subsection 53(4) and section 63, a determination under this Part may take effect from a day before the day on which the determination was made, but not before 1 January 2005.

67 Overseas students disregarded

in force under the Migration Act 1958 that permits the person to travel to Australia for the purpose of undertaking a course provided by a body; or

(b) a person, or a person included in a class of persons, prescribed by the regulations for the purposes of this paragraph;

but does not include a person, or a person included in a class of persons, determined by the Minister not to be a person or class of persons to whom this definition applies.

Part 5—Grants for education at government schools

Division 1—Grants for general recurrent expenditure

68 Grants for general recurrent expenditure

The Minister may make a determination authorising payment of financial assistance to a State for recurrent expenditure of government schools in the State for a program year of an amount that is not more than the amount worked out using the formula:

number of government school primary students means the number of students (including the full-time equivalent of part-time students) receiving primary education at government schools in the State on the schools census day for the State for the program year.

number of government school secondary students means the number of students (including the full-time equivalent of part-time students) receiving secondary education at government schools in the State on the schools census day for the State for the program year.

primary education amount means the amount for primary education in column 3, 4, 5 or 6 of the table in Schedule 2 for the program year.

secondary education amount means the amount for secondary education in column 3, 4, 5 or 6 of the table in Schedule 2 for the program year.

Note: The operation of sections 121, 122 and 123 may affect the amounts in Schedule 2.

Division 2—Capital grants

69 Authorising payments of capital grants

(1) The Minister may make a determination authorising payment of financial assistance to the States, for capital expenditure for a program year in connection with government schools or government rural school hostels (or both) in the States, of amounts totalling not more than the amount worked out by adding up:

(2) Without limiting subsection (1), financial assistance for capital expenditure for a program year in connection with a government school in a State may be provided by paying the assistance to the State for the approved government school community organisation for the school.

Part 6—Grants for non-government schools

Division 1—Simplified outline of Part

70 Simplified outline

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

Division 2—Grants for general recurrent expenditure

Subdivision A—Simplified outline of Division

71 Simplified outline

(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.

(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

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

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

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

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

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

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

(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

(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

(2) The Minister may make a determination authorising

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