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This is a Bill, not an Act. For current law, see the Acts databases.

SCHOOLS ASSISTANCE BILL 2008

2008
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Schools Assistance Bill 2008
No. , 2008
(Education, Employment and Workplace Relations)
A Bill for an Act to grant financial assistance for
non-government primary and secondary education
for 2009 to 2012, and for related purposes
i Schools Assistance Bill 2008 No. , 2008
Contents
Part 1--Preliminary
1
1
Short title ............................................................................................ 1
2
Commencement .................................................................................. 1
3
Simplified outline of Act .................................................................... 2
Part 2--Interpretation
3
Division 1--Definitions
3
4
Definitions .......................................................................................... 3
Division 2--Other important concepts
12
5
Students receiving education at non-government schools ................ 12
6
Meaning of funding level .................................................................. 12
7
Levels of education........................................................................... 13
8
Meaning of schools census day ........................................................ 14
9
Meaning of school campus census day............................................. 14
10
Meaning of nominated authority ...................................................... 15
Part 3--Authorisation of financial assistance
16
Division 1--Simplified outline of Part
16
11
Simplified outline ............................................................................. 16
Division 2--Authorised financial assistance
18
12
Authorised financial assistance--funding agreements ..................... 18
13
Authorised financial assistance--schools must be approved ........... 18
14
Authorised financial assistance--State recognition of schools
etc...................................................................................................... 18
15
Authorised financial assistance--financial viability ........................ 19
Division 3--Funding agreements
21
Subdivision A--Purpose of grants
21
16
Funding agreements--purpose of grants .......................................... 21
Subdivision B--National school performance and trans parency
requirements
21
17
Funding agreements--national student assessments ........................ 21
18
Funding agreements--national reports on the outcomes of
schooling........................................................................................... 22
19
Funding agreements--individual school information ...................... 23
20
Funding agreements--reporting to parents etc................................. 24
21
Funding agreements--publication by schools of information
relating to schools ............................................................................. 24
22
Funding agreements--national curriculum ...................................... 25
Schools Assistance Bill 2008 No. , 2008 ii
Subdivision C--Grant acquittal and reporting requirements
25
23
Funding agreements--acquittal of grants ......................................... 25
24
Funding agreements--reports on programs and financial
operations.......................................................................................... 26
Subdivision D--Monitoring, evaluation and compliance
26
25
Funding agreements--monitoring .................................................... 26
26
Funding agreements--evaluation ..................................................... 27
27
Funding agreements--failure to comply .......................................... 28
28
Funding agreements--unauthorised amounts................................... 29
Subdivision E--Other provisions in funding agreements
29
29
Funding agreements--other provisions ............................................ 29
Division 4--Conditions applying to the States
30
30
Conditions applying to the States--payment of financial
assistance to non-government schools and bodies............................ 30
31
Conditions applying to the States--requirement to repay
amounts to Commonwealth .............................................................. 30
Division 5--Repayment of financial assistance
31
32
Repayment of financial assistance--relevant considerations ........... 31
33
Repayment of financial assistance--recovery from States as
debts .................................................................................................. 31
34
Repayment of financial assistance--failure by relevant
authorities to repay amounts ............................................................. 31
Part 4--Grants for recurrent expenditure
33
Division 1--Simplified outline of Part
33
35
Simplified outline ............................................................................. 33
Division 2--Average Government School Recurrent Costs
34
36
Average Government School Recurrent Costs--meaning of
AGSRC .............................................................................................. 34
37
Average Government School Recurrent Costs--rounding-up
per student funding amounts............................................................. 34
Division 3--Current SES funding
36
38
Current SES funding--scope............................................................ 36
39
Current SES funding--primary education funding
determination .................................................................................... 36
40
Current SES funding--primary education funding amounts............ 36
41
Current SES funding--secondary education funding
determination .................................................................................... 37
42
Current SES funding--secondary education funding
amounts............................................................................................. 37
iii Schools Assistance Bill 2008 No. , 2008
Division 4--Maintained funding
38
43
Maintained funding--scope.............................................................. 38
44
Maintained funding--determination ................................................ 40
45
Maintained funding--primary education funding amounts ............. 40
46
Maintained funding--secondary education funding amounts .......... 40
Division 5--Guaranteed year 2008 funding
42
47
Guaranteed year 2008 funding--scope ............................................ 42
48
Guaranteed year 2008 funding--primary education funding
determination .................................................................................... 43
49
Guaranteed year 2008 funding--primary education funding
amounts............................................................................................. 43
50
Guaranteed year 2008 funding--secondary education
funding determination....................................................................... 44
51
Guaranteed year 2008 funding--secondary education
funding amounts ............................................................................... 44
Division 6--Maximum SES funding
45
52
Maximum SES funding--scope ....................................................... 45
53
Maximum SES funding--meaning of majority Indigenous
student school ................................................................................... 45
54
Maximum SES funding--determination .......................................... 46
55
Maximum SES funding--primary education funding
amounts............................................................................................. 46
56
Maximum SES funding--secondary education funding
amounts............................................................................................. 46
Division 7--Distance education funding
48
57
Distance education funding--primary distance education
funding amounts ............................................................................... 48
58
Distance education funding--secondary distance education
funding amounts ............................................................................... 49
Division 8--Remoteness loading
50
59
Remoteness loading--scope ............................................................. 50
60
Remoteness loading--primary education funding
determination .................................................................................... 50
61
Remoteness loading--primary education funding amounts............. 51
62
Remoteness loading--secondary education funding
determination .................................................................................... 53
63
Remoteness loading--secondary education funding amounts ......... 53
Division 9--Indigenous supplementary assistance
56
64
Indigenous supplementary assistance--scope .................................. 56
65
Indigenous supplementary assistance--definitions .......................... 56
Schools Assistance Bill 2008 No. , 2008 iv
66
Indigenous supplementary assistance--primary education
funding determination....................................................................... 56
67
Indigenous supplementary assistance--primary education
funding amounts ............................................................................... 57
68
Indigenous supplementary assistance--secondary education
funding determination....................................................................... 58
69
Indigenous supplementary assistance--secondary education
funding amounts ............................................................................... 59
Division 10--Indigenous funding guarantee
61
70
Indigenous funding guarantee--funding determination ................... 61
71
Indigenous funding guarantee--funding amounts............................ 61
Division 11--SES scores
63
Subdivision A--Definition
63
72
SES scores--definition ..................................................................... 63
Subdivision B--S ES scores under former Act
63
73
SES scores--transitional determinations.......................................... 63
74
SES scores--transitional guidelines ................................................. 64
Subdivision C--Change of S ES score determinations
64
75
SES scores--determination of changes ............................................ 64
Subdivision D--S ES score changes on application by school
65
76
SES scores--change proposals......................................................... 65
77
SES scores--change applications..................................................... 65
78
SES scores--decisions on change proposals .................................... 65
79
SES scores--general prerequisites for change proposals ................. 66
80
SES scores--variation of determinations ......................................... 66
Subdivision E--Miscellaneous
67
81
SES scores--clerical or formal changes ........................................... 67
82
SES scores--notice of determinations.............................................. 67
Part 5--Grants for capital expenditure
68
83
Capital expenditure--definitions ...................................................... 68
84
Capital expenditure--funding determination ................................... 69
85
Capital expenditure--capital expenditure supplementation
number .............................................................................................. 70
Part 6--Grants for targeted expenditure
71
Division 1--Simplified outline of Part
71
86
Simplified outline ............................................................................. 71
Division 2--Short term emergency assistance
72
87
Short term emergency assistance--funding determination .............. 72
v Schools Assistance Bill 2008 No. , 2008
Division 3--Education in country areas
73
88
Education in country areas--funding determination ........................ 73
Division 4--Languages education
74
89
Languages education--improving learning outcomes ..................... 74
90
Languages education--national projects .......................................... 74
91
Languages education--grant amounts.............................................. 75
Division 5--Teaching English to new arrivals
76
92
Teaching English to new arrivals--definitions ................................ 76
93
Teaching English to new arrivals--funding determination.............. 77
94
Teaching English to new arrivals--eligible new arrivals
amounts............................................................................................. 78
95
Teaching English to new arrivals--eligible humanitarian
new arrivals amounts ........................................................................ 79
Division 6--Literacy, numeracy and special learning needs
81
96
Literacy, numeracy and special learning needs--students
with disabilities ................................................................................. 81
97
Literacy, numeracy and special learning needs--students
who are educationally disadvantaged ............................................... 82
98
Literacy, numeracy and special learning needs--school
grants amounts .................................................................................. 83
99
Literacy, numeracy and special learning needs--guarantee
amounts............................................................................................. 83
Division 7--Establishment assistance
84
100
Establishment assistance--funding determination ........................... 84
Division 8--Targeted expenditure supplementation number
85
101
Targeted expenditure supplementation number................................ 85
Part 7--Approved schools
86
Division 1--Simplified outline of Part
86
102
Simplified outline ............................................................................. 86
Division 2--Approved schools
87
103
Approved schools--definition.......................................................... 87
Division 3--Former listed schools
88
104
Former listed schools ........................................................................ 88
Division 4--Approved school determinations
89
Subdivision A--Scope of Division
89
105
Approved school determinations--new school proposals................ 89
Subdivision B--Applications
89
106
Approved school determinations--new school applications............ 89
Schools Assistance Bill 2008 No. , 2008 vi
107
Approved school determinations--decisions on new school
proposals ........................................................................................... 90
108
Approved school determinations--general prerequisites for
new school proposals ........................................................................ 90
109
Approved school determinations--prerequisites for new
school proposals applying in previous program years...................... 91
Subdivision C--Making approved school determinations
91
110
Approved school determinations--power to determine ................... 91
111
Approved school determinations--contents..................................... 92
Division 5--Changes to approved school determinations
93
Subdivision A--General provisions
93
112
Changes to approved school determinations--power to
determine .......................................................................................... 93
Subdivision B--End of State recog nition
93
113
Changes to approved school determinations--end of State
recognition ........................................................................................ 93
Subdivision C--Location changes
93
114
Changes to approved school determinations--location
change proposals............................................................................... 93
115
Changes to approved school determinations--location
change applications........................................................................... 94
116
Changes to approved school determinations--decisions on
location change proposals................................................................. 94
117
Changes to approved school determinations--general
prerequisites for location change proposals...................................... 95
118
Changes to approved school determinations--prerequisites
for location change proposals applying in previous program
years .................................................................................................. 95
119
Changes to approved school determinations--location
changes ............................................................................................. 95
Subdivision D--Miscellaneous
96
120
Changes to approved school determinations--clerical or
formal changes .................................................................................. 96
Division 6--Revoking approved school determinations
97
121
Revoking approved school determinations--power to
determine .......................................................................................... 97
122
Revoking approved school determinations--schools
ineligible for funding ........................................................................ 97
Division 7--Miscellaneous
98
123
Minister to give notice of determinations to approved
authorities ......................................................................................... 98
vii Schools Assistance Bill 2008 No. , 2008
124
Determinations may be given retrospective effect ........................... 98
125
Publication of list of funded schools ................................................ 98
Part 8--Approved school systems
99
Division 1--Simplified outline of Part
99
126
Simplified outline ............................................................................. 99
Division 2--Approved school systems
100
127
Approved school systems--definitions .......................................... 100
Division 3--Former approved school systems
101
128
Former approved school systems.................................................... 101
Division 4--Approved school system determinations
102
129
Approved school system determinations--power to
determine ........................................................................................ 102
130
Approved school system determinations--contents....................... 102
Division 5--Changes to approved school system determinations
103
Subdivision A--General provisions
103
131
Changes to approved school system determinations--power
to determine .................................................................................... 103
Subdivision B--New members of systems
103
132
Changes to approved school system determinations--new
member proposals ........................................................................... 103
133
Changes to approved school system determinations--new
member applications ....................................................................... 104
134
Changes to approved school system determinations--
decisions on new member proposals .............................................. 104
135
Changes to approved school system determinations--
prerequisites for new member proposals ........................................ 105
136
Changes to approved school system determinations--new
member changes ............................................................................. 105
Subdivision C--Ending membership
106
137
Changes to approved school system determinations--
proposals to end membership ......................................................... 106
138
Changes to approved school system determinations--
applications to end membership ..................................................... 106
139
Changes to approved school system determinations--
decisions on proposals to end membership .................................... 107
140
Changes to approved school system determinations--
prerequisites for proposals to end membership .............................. 107
141
Changes to approved school system determinations--ending
membership..................................................................................... 107
Subdivision D--Miscellaneous
108
Schools Assistance Bill 2008 No. , 2008 viii
142
Changes to approved school system determinations--clerical
or formal changes ........................................................................... 108
Division 6--Revoking approved school system determinations
109
143
Revoking approved school system determinations--power to
determine ........................................................................................ 109
144
Revoking approved school system determinations--systems
stopped existing .............................................................................. 109
Division 7--Miscellaneous
110
145
Minister to give notice of determinations to approved
authorities ....................................................................................... 110
146
Determinations may be given retrospective effect ......................... 110
147
Publication of list of approved school systems............................... 110
Part 9--Approved authorities
111
Division 1--Simplified outline of Part
111
148
Simplified outline ........................................................................... 111
Division 2--Approved authorities
112
149
Approved authorities--definition ................................................... 112
Division 3--Former approved authorities
113
150
Former approved authorities........................................................... 113
Division 4--Approved authority determinations
114
151
Approved authority determinations--power to determine ............. 114
Division 5--Changes to approved authority determinations
115
152
Changes to approved authority determinations--power to
determine ........................................................................................ 115
153
Changes to approved authority determinations--clerical or
formal changes ................................................................................ 115
Division 6--Revoking approved authority determinations
116
Subdivision A--General provisions
116
154
Revoking approved authority determinations--power to
determine ........................................................................................ 116
Subdivision B--Change of authorities
116
155
Revoking approved authority determinations--change of
authorities ....................................................................................... 116
156
Revoking approved authority determinations--change of
authority proposals.......................................................................... 117
157
Revoking approved authority determinations--decisions on
change of authority proposals ......................................................... 117
158
Revoking approved authority determinations--prerequisites
for change of authority proposals ................................................... 118
ix Schools Assistance Bill 2008 No. , 2008
159
Revoking approved authority determinations--change of
authority .......................................................................................... 118
Division 7--Miscellaneous
119
160
Minister to give notice of determinations to approved
authorities ....................................................................................... 119
161
Determinations may be given retrospective effect ......................... 119
Part 10--Miscellaneous
120
Division 1--Timing and amounts of financial assistance
120
162
Timing and amounts of financial assistance--general ................... 120
163
Timing and amounts of financial assistance--advances ................ 120
164
Timing and amounts of financial assistance--determinations ....... 120
Division 2--False or misleading statements
121
165
False or misleading statements--reduction of payments ............... 121
166
False or misleading statements--variation of SES score ............... 122
Division 3--Appropriation and borrowings
123
167
Appropriation.................................................................................. 123
168
Borrowings for capital expenditure ................................................ 123
Division 4--Administration
124
169
Administration--determinations and approvals ............................. 124
170
Administration--general power to vary or revoke
determinations and approvals ......................................................... 125
171
Administration--delegation ........................................................... 126
172
Administration--annual report by Minister ................................... 126
Division 5--Overseas students
127
173
Overseas students not covered........................................................ 127
Division 6--Regulations
129
174
Regulations ..................................................................................... 129
Schedule 1--Current SES funding level
130
Schools Assistance Bill 2008 No. , 2008 1
A Bill for an Act to grant financial assistance for
1
non-government primary and secondary education
2
for 2009 to 2012, and for related purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act may be cited as the Schools Assistance Act 2008.
8
2 Commence ment
9
This Act commences on 1 January 2009.
10
Part 1 Preliminary
Section 3
2 Schools Assistance Bill 2008 No. , 2008
3 Simplified outline of Act
1
(1) This section is a simplified outline of this Act.
2
(2) Financial assistance may be paid to a State for, or in connection
3
with, non-government schools (or approved school systems) in the
4
State for the following:
5
(a) recurrent expenditure (see Part 4);
6
(b) capital expenditure (see Part 5);
7
(c) targeted expenditure (see Part 6).
8
(3) Financial assistance may be paid for the 2009 to 2012 program
9
years.
10
(4) Financial assistance for a non-government school, or another
11
non-government body, may only be paid if there is a funding
12
agreement with the relevant authority of the school or body that
13
sets out the requirements that must, under this Act, be included in
14
the agreement.
15
Note:
See Divisions 2 and 3 of Part 3.
16
(5) If a non-government school, or another non-government body,
17
breaches a funding agreement, the Minister may (under the
18
agreement) require the school or body to repay an amount to the
19
Commonwealth. The Minister may also reduce or delay the amount
20
of other payments for the school or body under this Act.
21
Note:
See section 27.
22
(6) If a State fails to pass on an amount of financial assistance to a
23
non-government school, or another non-government body, for
24
which financial assistance is granted under this Act, the Minister
25
may require the State to repay an amount to the Commonwealth.
26
Note:
See Division 4 of Part 3.
27
28
Interpretation Part 2
Definitions Division 1
Section 4
Schools Assistance Bill 2008 No. , 2008 3
1
Part 2--Interpretation
2
Division 1--Definitions
3
4 Definitions
4
In this Act:
5
1992 Act means the States Grants (Primary and Secondary
6
Education Assistance) Act 1992.
7
1996 Act means the States Grants (Primary and Secondary
8
Education Assistance) Act 1996.
9
2000 Act means the States Grants (Primary and Secondary
10
Education Assistance) Act 2000.
11
2008 funding level, for a school, for a particular level of education,
12
means the funding level that was used to work out the funding for
13
the school's recurrent expenditure for the 2008 program year, for
14
that level of education, under the former Act.
15
AGSRC (short for Average Government School Recurrent Costs)
16
has the meaning given by section 36.
17
amount includes a nil amount.
18
approved authority has the meaning given by section 149.
19
approved authority determination means a determination
20
(including a transitional approved authority determination) made
21
under section 151.
22
approved school has the meaning given by section 103.
23
approved school determination means a determination (including
24
a transitional approved school determination) made under
25
subsection 110(1).
26
approved school system has the meaning given by section 127.
27
Part 2 Interpretation
Division 1 Definitions
Section 4
4 Schools Assistance Bill 2008 No. , 2008
approved school system determination means a determination
1
(including a transitional approved school system determination)
2
made under subsection 129(1).
3
block grant authority has the meaning given by section 83.
4
body means any organisation or body, whether incorporated or not,
5
or an individual.
6
capital expenditure has a meaning affected by section 83.
7
capital expenditure supplementation number has the meaning
8
given by section 85.
9
current SES funding level, for a school with a particular SES
10
score, means the percentage of AGSRC specified in column 2 of
11
the table in Schedule 1 for that SES score.
12
disability assessment, for a student, means an assessment, by a
13
person with relevant qualifications, that:
14
(a) the student has one or more of the following impairments:
15
(i) an intellectual impairment;
16
(ii) a sensory impairment;
17
(iii) a physical impairment;
18
(iv) a social impairment;
19
(v) an emotional impairment; and
20
(b) the student has the impairment or impairments to a degree
21
that satisfies the criteria for eligibility to access special
22
education services, or special education programs, provided
23
by the Government of the State in which the student resides.
24
Education Assistance Act means this Act, the former Act, the 2000
25
Act, the 1996 Act or the 1992 Act.
26
eligible humanitarian new arrival has the meaning given by
27
section 92.
28
eligible new arrival has the meaning given by section 92.
29
former Act means the Schools Assistance (Learning Together--
30
Achievement Through Choice and Opportunity) Act 2004.
31
Interpretation Part 2
Definitions Division 1
Section 4
Schools Assistance Bill 2008 No. , 2008 5
former list of non-government schools means the list of
1
non-government schools kept under Division 2 of Part 3 of the
2
former Act.
3
funding agreement has the meaning given by section 12.
4
funding level, for a non-government school, for a particular level
5
of education, has the meaning given by section 6.
6
guaranteed funding level, for a non-government school, for a
7
particular level of education, means the school's 2008 funding
8
level for that level of education.
9
guarantee year, for a non-government school, means:
10
(a) if Subdivision C of Division 2 of Part 6 of the former Act
11
(current SES funding) was used to work out the funding for
12
the school's recurrent expenditure for the 2008 program year
13
under the former Act--the 2008 program year (under the
14
former Act); or
15
(b) if Subdivision F of Division 2 of Part 6 of the former Act
16
(guaranteed year 2004 funding) was used to work out the
17
funding for the school's recurrent expenditure for the 2008
18
program year under the former Act--the 2004 program year
19
(under the former Act).
20
guardian, in relation to a student, includes a person who has been
21
granted (whether alone or jointly with another person or other
22
persons) guardianship of the student under the law of the
23
Commonwealth or of a State or Territory.
24
Indigenous: a person is Indigenous if he or she is:
25
(a) a member of the Aboriginal race of Australia; or
26
(b) a descendant of an Indigenous inhabitant of the Torres Strait
27
Islands.
28
intensive ESL course has the meaning given by section 92.
29
Note:
ESL is short for English as a Second Language.
30
level of education means a level of primary education or secondary
31
education determined under section 7.
32
Part 2 Interpretation
Division 1 Definitions
Section 4
6 Schools Assistance Bill 2008 No. , 2008
maintained funding level, for a non-government school, for a
1
particular level of education, means the school's 2008 funding
2
level for that level of education.
3
majority Indigenous student school has the meaning given by
4
section 53.
5
maximum SES funded school has the meaning given by
6
section 52.
7
member, of an approved school system, has the meaning given by
8
section 127.
9
moderately accessible school campus: a school campus of a
10
non-government school is a moderately accessible school campus
11
for a program year if the school campus is, on either of the
12
following days, in a location categorised under the Remoteness
13
Structure as Outer Regional Australia:
14
(a) the school campus census day for the school campus in the
15
previous calendar year;
16
(b) the school campus census day for the school campus in the
17
program year.
18
nominated authority has the meaning given by section 10.
19
non-government body means a body that is not managed or
20
controlled by or on behalf of the Government of a State, including
21
the following:
22
(a) a non-government school (whether the school is a systemic
23
school or a non-systemic school);
24
(b) an approved school system.
25
non-government school means a school in a State:
26
(a) that is not conducted by or on behalf of the Government of a
27
State; and
28
(b) that is not conducted for profit.
29
non-remote school campus, of a school, means a school campus of
30
the school other than a remote school campus or a very remote
31
school campus.
32
Interpretation Part 2
Definitions Division 1
Section 4
Schools Assistance Bill 2008 No. , 2008 7
non-systemic school means a non-government school that is not a
1
systemic school.
2
number of Indigenous primary students, at a school campus for a
3
program year, has the meaning given by section 65.
4
number of Indigenous secondary students, at a school campus for
5
a program year, has the meaning given by section 65.
6
number of primary distance education students, for a
7
non-government school in a State for a program year, means the
8
number of students (including the full-time equivalent of part-time
9
students) receiving primary distance education at the school on the
10
schools census day for the school for the program year.
11
Note:
For when a student receives primary distance education at a
12
non-government school, see section 5.
13
number of primary students, for a non-government school in a
14
State for a program year, means the number of students (including
15
the full-time equivalent of part-time students) receiving primary
16
education at the school on the schools census day for the school for
17
the program year, but not including students receiving primary
18
distance education.
19
Note:
For when a student receives primary education, or primary distance
20
education, at a non-government school, see section 5.
21
number of secondary distance education students, for a
22
non-government school in a State for a program year, means the
23
number of students (including the full-time equivalent of part-time
24
students) receiving secondary distance education at the school on
25
the schools census day for the school for the program year.
26
Note:
For when a student receives secondary distance education at a
27
non-government school, see section 5.
28
number of secondary students, for a non-government school in a
29
State for a program year, means the number of students (including
30
the full-time equivalent of part-time students) receiving secondary
31
education at the school on the schools census day for the school for
32
the program year, but not including students receiving secondary
33
distance education.
34
Part 2 Interpretation
Division 1 Definitions
Section 4
8 Schools Assistance Bill 2008 No. , 2008
Note:
For when a student receives secondary education, or secondary
1
distance education, at a non-government school, see section 5.
2
overseas student has the meaning given by section 173.
3
person responsible, for a student, means:
4
(a) a parent of the student; or
5
(b) a guardian of the student; or
6
(c) any other person who has the care and control of the student.
7
primary education, at a school in a State, means education at the
8
school at the level of primary education determined for the State
9
under section 7.
10
program year means the 2009, 2010, 2011 or 2012 calendar year.
11
receives: a student receives primary education, secondary
12
education, primary distance education or secondary distance
13
education at a non-government school in the circumstances
14
mentioned in section 5.
15
recurrent expenditure means expenditure relating to the ongoing
16
operating costs of schools.
17
relevant authority, for a non-government body, means:
18
(a) the approved authority or nominated authority for the body;
19
or
20
(b) in respect of a payment for a project administered by a block
21
grant authority--the block grant authority.
22
relevant Minister, in relation to a provision of the former Act,
23
means the Minister who administered that provision.
24
Remoteness Structure means the Remoteness Structure described
25
in the document entitled "Statistical Geography Volume 1
26
Australian Standard Geographical Classification (ASGC) July
27
2006", published by the Australian Statistician in July 2006, that
28
was effective 1 July 2006.
29
remote school campus: a school campus of a non-government
30
school is a remote school campus for a program year if the school
31
Interpretation Part 2
Definitions Division 1
Section 4
Schools Assistance Bill 2008 No. , 2008 9
campus is, on either of the following days, in a location categorised
1
under the Remoteness Structure as Remote Australia:
2
(a) the school campus census day for the school campus in the
3
previous calendar year;
4
(b) the school campus census day for the school campus in the
5
program year.
6
responsible body has the meaning given by paragraph 138(1)(a).
7
school includes a proposed school, but does not include a school at
8
which education is provided at a standard (however described) that
9
is pre-school standard only.
10
school campus: a location is a school campus of a
11
non-government school if the location is one at which students
12
receive primary education or secondary education at the school.
13
school campus census day has the meaning given by section 9.
14
schools census day has the meaning given by section 8.
15
secondary education, at a school in a State, means education
16
(whether junior secondary education or senior secondary
17
education) at the school at the level of secondary education
18
determined for the State under section 7.
19
SES score (short for Socio-Economic Status score) has the
20
meaning given by section 72.
21
SES score determination means a determination (including a
22
transitional SES score determination) made under subsection 72(2).
23
special assistance school means a non-government school in a
24
State that:
25
(a) is, or is likely to be, recognised by the State Minister as a
26
special assistance school; and
27
(b) primarily caters for students with social, emotional or
28
behavioural difficulties.
29
special education means education under special programs, or
30
special activities, designed specifically for students with
31
disabilities.
32
Part 2 Interpretation
Division 1 Definitions
Section 4
10 Schools Assistance Bill 2008 No. , 2008
special school means a non-government school in a State that:
1
(a) is, or is likely to be, recognised by the State Minister as a
2
special school; and
3
(b) provides special education.
4
State includes the Australian Capital Territory and the Northern
5
Territory.
6
State Minister, for a State, means the Minister of the State who is
7
responsible, or primarily responsible, for the administration of
8
matters relating to school education in that State.
9
student with disabilities means a student:
10
(a) who attends a non-government school (whether or not as a
11
distance education student); and
12
(b) in respect of whom a disability assessment has been made.
13
systemic school means an approved school that is approved as a
14
member of an approved school system.
15
targeted expenditure supplementation number has the meaning
16
given by section 101.
17
transitional approved authority determination has the meaning
18
given by subsection 150(2).
19
transitional approved school determination has the meaning given
20
by subsection 104(2).
21
transitional approved school system determination has the
22
meaning given by subsection 128(2).
23
transitional SES score determination has the meaning given by
24
subsection 73(2).
25
very remote school campus: a school campus of a non-government
26
school is a very remote school campus for a program year if the
27
school campus is, on either of the following days, in a location
28
categorised under the Remoteness Structure as Very Remote
29
Australia:
30
(a) the school campus census day for the school campus in the
31
previous calendar year;
32
Interpretation Part 2
Definitions Division 1
Section 4
Schools Assistance Bill 2008 No. , 2008 11
(b) the school campus census day for the school campus in the
1
program year.
2
3
Part 2 Interpretation
Division 2 Other important concepts
Section 5
12 Schools Assistance Bill 2008 No. , 2008
1
Division 2--Other important concepts
2
5 Students receiving education at non-government schools
3
Primary and secondary education
4
(1) In this Act:
5
receives: a student receives primary education or secondary
6
education (as the case may be) at a non-government school (or at a
7
school campus of a non-government school) only if:
8
(a) the student attends, on a daily basis, the school (or campus) at
9
a location approved for the school, for that level of education,
10
under this Act; or
11
(b) the Minister determines that the student is to be treated
12
(because of special circumstances) as so attending the school
13
(or campus).
14
Distance education
15
(2) In this Act:
16
receives: a student receives primary distance education or
17
secondary distance education (as the case may be) at a
18
non-government school (or at a school campus of a
19
non-government school) located in a State only if:
20
(a) the student resides in the State; and
21
(b) the State provides funding for the school (otherwise than as a
22
result of the operation of this Act), for that level of education,
23
for students enrolled at the school who receive distance
24
education (however described) from the school; and
25
(c) the student is not approved as a home education student
26
(however described) in accordance with the law of the State
27
in which the student resides.
28
6 Meaning of funding level
29
In this Act:
30
Interpretation Part 2
Other impo rtant concepts Division 2
Section 7
Schools Assistance Bill 2008 No. , 2008 13
funding level, for a non-government school, for a particular level
1
of education, for a program year, has the meaning set out in the
2
following table:
3
4
Funding levels--general
Item
If the following Division of Part 4
applies to the school for that level
of education for that program
year ...
the funding level for that level of
education, for that program year,
is ...
1
Div ision 3 (current SES funding)
the school's current SES funding
level.
2
Div ision 4 (maintained funding)
the school's maintained funding
level.
3
Div ision 5 (guaranteed year 2008
funding)
the school's guaranteed funding
level.
4
Div ision 6 (maximu m SES funding)
70% of A GSRC fo r that level of
education for the program year.
7 Levels of education
5
(1) For the purposes of this Act, the Minister may, by legislative
6
instrument, determine a level of primary education or a level of
7
secondary education for a State.
8
(2) A determination under subsection (1) may relate to:
9
(a) education provided at schools generally; or
10
(b) education provided at schools included in a particular class of
11
schools.
12
(3) In making a determination under subsection (1), the Minister must
13
have regard to the arrangements made for providing education at
14
schools in the State conducted by or on behalf of the Government
15
of the State. This does not limit the matters to which the Minister
16
may have regard.
17
(4) A reference in this Act to a level of education at a school in a State
18
includes a reference to a year in a course of primary education or
19
secondary education provided at the school at a level, determined
20
by the Minister under subsection (1), that applies to the school.
21
Part 2 Interpretation
Division 2 Other important concepts
Section 8
14 Schools Assistance Bill 2008 No. , 2008
8 Meaning of schools census day
1
(1) In this Act:
2
schools census day, for a calendar year, for a non-systemic school
3
or approved school system, means:
4
(a) for the 2008 calendar year--the schools census day for the
5
school or system for that year under the former Act; or
6
(b) for any other calendar year:
7
(i) if, under subsection (2), the Minister has declared a
8
particular day in the year to be the schools census day
9
for the school or system--the day so declared; or
10
(ii) if subparagraph (i) does not apply to the school or
11
system--a day in the year agreed between the Minister
12
and the State Minister, under subsection (3), to be the
13
schools census day for that school or system.
14
(2) For the purpose of subparagraph (b)(i) of the definition of schools
15
census day in subsection (1), the Minister may declare a particular
16
day in a calendar year to be the schools census day for that year,
17
for a non-systemic school or an approved school system, if the
18
Minister is satisfied that special circumstances exist justifying the
19
declaration.
20
(3) For the purpose of subparagraph (b)(ii) of the definition of schools
21
census day in subsection (1), the Minister may agree with the State
22
Minister that a particular day in a calendar year is to be the schools
23
census day for that year, for a non-systemic school or an approved
24
school system.
25
9 Meaning of school campus census day
26
(1) In this Act:
27
school campus census day, for a calendar year, for a school
28
campus of a non-government school, means:
29
(a) for the year 2008--the schools campus census day for the
30
school campus for that year under the former Act; or
31
(b) for any other calendar year:
32
(i) the schools census day for the school for that year; or
33
Interpretation Part 2
Other impo rtant concepts Division 2
Section 10
Schools Assistance Bill 2008 No. , 2008 15
(ii) if, under subsection (2), the Minister has declared a
1
particular day in the year to be the school campus
2
census day--the day so declared.
3
(2) For the purpose of subparagraph (b)(ii) of the definition of school
4
campus census day in subsection (1), the Minister may declare a
5
particular day in a calendar year to be the school campus census
6
day for the school campus for the year, if the Minister is satisfied
7
that special circumstances exist justifying the declaration.
8
10 Meaning of nominated authority
9
(1) For the purposes of this Act, or a provision (or provisions) of this
10
Act specified under subsection (2), a body nominated under that
11
subsection by a group of non-government schools is the nominated
12
authority of the group.
13
(2) A group of non-government schools may make a written
14
nomination to the Secretary of the Department of a body to be the
15
nominated authority of the group for the purposes of this Act, or of
16
a specified provision or provisions of this Act.
17
18
Part 3 Authorisation of financial assistance
Division 1 Simplified outline o f Part
Section 11
16 Schools Assistance Bill 2008 No. , 2008
1
Part 3--Authorisation of financial assistance
2
Division 1--Simplified outline of Part
3
11 Simplified outline
4
(1) This section is a simplified outline of this Part.
5
(2) Financial assistance to a State for a non-government school, or
6
another non-government body, must not be paid unless there is an
7
agreement between the Commonwealth and the relevant authority
8
of the school or body.
9
(3) The agreement must cover matters including the following:
10
(a) national performance and transparency requirements (see
11
Subdivision B of Division 3);
12
(b) grant acquittal and reporting requirements (see Subdivision C
13
of Division 3);
14
(c) monitoring, evaluation and compliance requirements (see
15
Subdivision D of Division 3).
16
(4) The following additional conditions apply to the grant of financial
17
assistance to a State for a non-government school or another
18
non-government body (see Divisions 2 and 4):
19
(a) in the case of financial assistance for a school--the school
20
must be an approved school;
21
(b) the school or body must be financially viable;
22
(c) the State must pay amounts of assistance to the relevant
23
authority of the school or body as soon as practicable (or
24
within an extended period allowed by the Minister).
25
(5) If a non-government school, or another non-government body,
26
breaches a funding agreement, the Minister may (under the
27
agreement) require the school or body to repay an amount to the
28
Commonwealth. The Minister may also reduce or delay the amount
29
of other payments for the school or body under this Act.
30
Note:
See section 27.
31
Authorisation of financial assistance Part 3
Simp lified outline of Part Division 1
Section 11
Schools Assistance Bill 2008 No. , 2008 17
(6) If a State fails to pass on an amount of financial assistance to a
1
non-government school, or another non-government body, for
2
which financial assistance is granted under this Act, the Minister
3
may require the State to repay an amount to the Commonwealth.
4
Note:
See Division 4.
5
6
Part 3 Authorisation of financial assistance
Division 2 Authorised financial assistance
Section 12
18 Schools Assistance Bill 2008 No. , 2008
1
Division 2--Authorised financial assistance
2
12 Authorised financial assistance--funding agreements
3
(1) The Minister must not authorise a payment to a State under this
4
Act for a non-government school, or another non-government
5
body, unless the relevant authority of the school or body has made
6
an agreement (a funding agreement) with the Commonwealth that
7
complies with Division 3 (Funding agreements).
8
(2) A funding agreement may have been made before the
9
commencement of this Act.
10
13 Authorised financial assistance--schools must be approved
11
The Minister must not authorise a payment to a State under this
12
Act for education at a particular level at a particular location at a
13
non-government school unless the school is an approved school for
14
that level and location.
15
Note:
Part 7 deals with the approval of schools.
16
14 Authorised financial assistance--State recognition of schools etc.
17
Recognition of school
18
(1) The Minister may refuse to authorise a payment to a State under
19
this Act for a non-government school during any period when the
20
State Minister does not recognise the school.
21
Note:
The Minister must revoke the school's approved school determination
22
(see section 122).
23
Recognition of level of education at school
24
(2) The Minister may refuse to authorise a payment to a State under
25
this Act for a non-government school for a particular level of
26
education provided at a non-government school during any period
27
when the State Minister does not recognise the school for that level
28
of education.
29
Authorisation of financial assistance Part 3
Authorised financial assistance Division 2
Section 15
Schools Assistance Bill 2008 No. , 2008 19
Recognition of location for level of education
1
(3) The Minister may refuse to authorise a payment to a State under
2
this Act for a non-government school for provision of a level of
3
education by the school at a particular location during any period
4
when the State Minister does not recognise the school for that level
5
of education provided at the location.
6
Non-recognition under State law
7
(4) For the purposes of this section, without limiting subsections (1) to
8
(3), a period during which the State Minister concerned does not
9
recognise a school includes a period (including a temporary period)
10
during which the school is not permitted under the law of the State
11
concerned to provide:
12
(a) in relation to the condition in subsection (1)--education (at
13
whatever level) at the school; or
14
(b) in relation to the condition in subsection (2)--the level of
15
education concerned at the school; or
16
(c) in relation to the condition in subsection (3)--the level of
17
education concerned at the school, at the location concerned.
18
15 Authorised financial assistance--financial viability
19
The Minister may refuse to authorise, or may delay, a payment to a
20
State under this Act for a non-government body (including a
21
non-government school), or the relevant authority of such a body,
22
if:
23
(a) either (or both) of the following applies:
24
(i) the body or authority is a body corporate that is being
25
wound up;
26
(ii) the affairs of the body or authority are under any form
27
of external control (for example, the control of a
28
manager) under a law of the Commonwealth or a State;
29
or
30
(b) the Minister considers that:
31
(i) the liabilities of the body or authority are greater than its
32
assets; or
33
Part 3 Authorisation of financial assistance
Division 2 Authorised financial assistance
Section 15
20 Schools Assistance Bill 2008 No. , 2008
(ii) the body or authority is (and is likely to continue for a
1
substantial period to be) unable to pay its debts as and
2
when they fall due for payment; or
3
(c) if a law of the Commonwealth or a State requires the body or
4
authority to be audited--the relevant audit:
5
(i) is expressed to be qualified; or
6
(ii) expresses concern about the financial viability of the
7
body or authority.
8
9
Authorisation of financial assistance Part 3
Funding agreements Division 3
Section 16
Schools Assistance Bill 2008 No. , 2008 21
1
Division 3--Funding agreements
2
Subdivision A--Purpose of grants
3
16 Funding agreements--purpose of grants
4
(1) A funding agreement must require the relevant authority for the
5
non-government school, or other non-government body, to ensure
6
that amounts received by the relevant authority from the State, as a
7
result of the payment to the State for the school or body, are spent
8
for purposes that are:
9
(a) determined by the Minister; and
10
(b) set out in the agreement.
11
(2) Without limiting subsection (1), the purposes for which an amount
12
may be spent include the purpose of paying administrative
13
expenses incurred by the relevant authority.
14
Note:
Financial assistance under this Act may be given for recurrent
15
expenditure, capital expenditure or targeted expenditure (see Parts 4, 5
16
and 6).
17
Subdivision B--National school performance and transparency
18
requirements
19
17 Funding agreements--national stude nt assessments
20
National student assessments
21
(1) For the purposes of this section, the regulations may prescribe
22
assessments (national student assessments) against specified
23
educational standards, including (but not limited to) an assessment
24
against national standards in reading, writing, language
25
conventions and numeracy for students in years 3, 5, 7 and 9 at
26
school.
27
Requirement for national student assessments
28
(2) A funding agreement for a non-systemic school, or for an approved
29
school system, must require the relevant authority for the school or
30
Part 3 Authorisation of financial assistance
Division 3 Funding agreements
Section 18
22 Schools Assistance Bill 2008 No. , 2008
system to ensure that each national student assessment specified in
1
the regulations as applying to the school (or to the schools in the
2
system) is carried out:
3
(a) no later than a day or days (if any) determined by the
4
Minister; and
5
(b) as prescribed by the regulations.
6
Note:
The regulations may provide that the assessments are to be carried out
7
only for schools of a particular class, and may make different
8
provisions for assessments at schools of different classes (see
9
subsection 33(3A) of the Acts Interpretation Act 1901).
10
(3) Without limiting subsection (2), regulations made for the purposes
11
of that subsection may require a national student assessment to be
12
carried out:
13
(a) for the students specified in the regulations; and
14
(b) in a way prescribed by the regulations; and
15
(c) with the frequency prescribed by the regulations.
16
Note:
The regulations may provide that any particular assessment is to be
17
carried out only for students of a particular class, and may make
18
different provisions for students of different classes (see subsection
19
33(3A) of the Acts Interpretation Act 1901).
20
Applying, adopting or incorporating matter contained in other
21
instruments
22
(4) Despite subsection 14(2) of the Legislative Instruments Act 2003,
23
regulations made for the purposes of this section may make
24
provision in relation to a matter by applying, adopting or
25
incorporating, with or without modification, any matter contained
26
in any other instrument or other writing as in force or existing from
27
time to time.
28
18 Funding agreements--national reports on the outcomes of
29
schooling
30
(1) A funding agreement for a non-systemic school, or for an approved
31
school system, must require the relevant authority for the school or
32
system to do each of the following:
33
Authorisation of financial assistance Part 3
Funding agreements Division 3
Section 19
Schools Assistance Bill 2008 No. , 2008 23
(a) in the case of an agreement for a non-systemic school--
1
ensure that the school participates in preparing a national
2
report (or reports) on the outcomes of schooling;
3
(b) in the case of an agreement for an approved school system--
4
ensure that the system, and each school in the system,
5
participates in preparing a national report (or reports) on the
6
outcomes of schooling;
7
(c) give the Minister (for inclusion in a report mentioned in
8
paragraph (a) or (b)) a report (or reports), of a kind (or kinds)
9
required by the Minister, addressing the requirements for
10
performance information prescribed by the regulations.
11
(2) A requirement mentioned in paragraph (1)(a), (b) or (c) must be
12
satisfied not later than:
13
(a) if the Minister determines a day or days for the purposes of
14
that paragraph--that day or days; or
15
(b) in any other case--a day or days that will allow publication
16
of any report mentioned in paragraphs (1)(a) and (b) within
17
one year after the end of each program year.
18
19 Funding agreements--individual school information
19
(1) A funding agreement for a non-systemic school, or an approved
20
school system, must require the relevant authority for the school or
21
system to ensure that the school, or each school in the system,
22
gives the Minister, or another person or body determined by the
23
Minister, a report (or reports) about individual school information,
24
specified by the regulations, for the school.
25
(2) The report (or reports) mentioned in subsection (1):
26
(a) must be of a kind (or kinds) required by the Minister; and
27
(b) must be given to the Minister:
28
(i) from time to time, as required by the Minister; and
29
(ii) in the way (if any) determined by the Minister; and
30
(iii) no later than a day or days (if any) required by the
31
Minister.
32
Part 3 Authorisation of financial assistance
Division 3 Funding agreements
Section 20
24 Schools Assistance Bill 2008 No. , 2008
20 Funding agreements--reporting to parents etc.
1
Scope
2
(1) This section applies in relation to a student who attends a
3
non-systemic school, or a school that is a member of an approved
4
school system.
5
Reports about student attending school
6
(2) A funding agreement for the school or system must require the
7
relevant authority for the school or system to give each person
8
responsible for the student a report (or reports) concerning the
9
student that complies with this section.
10
(3) A report complies with this section if the report:
11
(a) uses plain language, and is readily understandable by each
12
person responsible for the student; and
13
(b) gives an accurate and objective assessment of the student's
14
progress and achievement; and
15
(c) includes an assessment of the student's achievement:
16
(i) against any available national standards; and
17
(ii) relative to the performance of the student's peer group
18
at the school; and
19
(d) meets any other requirements that are specified in the
20
regulations; and
21
(e) is given to each person responsible for the student:
22
(i) in a way prescribed by the regulations; and
23
(ii) with the frequency prescribed by the regulations.
24
21 Funding agreements--publication by schools of information
25
relating to schools
26
(1) A funding agreement for a non-systemic school, or an approved
27
school system, must require the relevant authority for the school or
28
system to ensure that the school, or each school in the system,
29
makes the information specified in the regulations relating to the
30
school for a program year publicly available within 6 months after
31
the end of the program year.
32
Authorisation of financial assistance Part 3
Funding agreements Division 3
Section 22
Schools Assistance Bill 2008 No. , 2008 25
(2) The information mentioned in subsection (1) must be made
1
publicly available in the way (if any) specified by the regulations.
2
22 Funding agreements--national curriculum
3
(1) A funding agreement for a non-systemic school, or an approved
4
school system, must require the relevant authority for the school or
5
system to ensure that the school, or each school in the system,
6
implements the national curriculum prescribed by the regulations
7
for primary education or secondary education (or both, as
8
applicable).
9
(2) The requirement mentioned in subsection (1) must be satisfied on
10
or before 31 January 2012.
11
Subdivision C--Grant acquittal and reporting requirements
12
23 Funding agreements--acquittal of grants
13
(1) A funding agreement must require the relevant authority for the
14
non-government school, or other non-government body:
15
(a) to give the Secretary of the Department a certificate by a
16
qualified accountant stating whether an amount equal to the
17
sum of the amounts mentioned in subsection 16(1) (purpose
18
of grants) has been spent (or committed to be spent) for the
19
program year for the purposes mentioned in that subsection;
20
and
21
(b) to give the Secretary of the Department the certificate on or
22
before 30 June next following the program year concerned,
23
or another day allowed by the Minister.
24
(2) In this section:
25
qualified accountant means:
26
(a) a qualified accountant within the meaning of the
27
Corporations Act 2001; or
28
(b) a person registered (or taken to be registered) as a company
29
auditor under the Corporations Act 2001; or
30
(c) a person approved by the Minister as a qualified accountant
31
under subsection (3).
32
Part 3 Authorisation of financial assistance
Division 3 Funding agreements
Section 24
26 Schools Assistance Bill 2008 No. , 2008
(3) The Minister may approve a person as a qualified accountant for
1
the purposes of subsection (2).
2
24 Funding agreements--reports on programs and financial
3
operations
4
(1) A funding agreement must require the relevant authority for the
5
non-government school, or other non-government body, to ensure
6
that a report (or reports), of a kind (or kinds) required by the
7
Minister, is given to the Minister in relation to each of the
8
following:
9
(a) programs of financial assistance provided under this Act, so
10
far as they relate to the relevant authority;
11
(b) the financial operations (including the financial viability and
12
funding sources) of:
13
(i) in any case--the school or other body; and
14
(ii) in the case of an approved school system--the schools
15
(including each particular school) in the system.
16
(2) A report mentioned in subsection (1) must be given to the Minister
17
no later than a day or days (if any) determined by the Minister.
18
Subdivision D--Monitoring, evaluation and compliance
19
25 Funding agreements--monitoring
20
Monitoring relevant authority
21
(1) A funding agreement must require the relevant authority for the
22
non-government school, or other non-government body, to allow a
23
person (an authorised person) authorised in writing by the
24
Minister for the purpose to do either or both of the following:
25
(a) to have full and free access to accounts, records and
26
documents of the relevant authority relating to information
27
that the authority is required under the agreement to give to
28
the Minister;
29
(b) to take extracts from, or make copies of, any such accounts,
30
records and documents.
31
Authorisation of financial assistance Part 3
Funding agreements Division 3
Section 26
Schools Assistance Bill 2008 No. , 2008 27
Monitoring schools
1
(2) Without limiting subsection (1), a funding agreement for a
2
non-systemic school, or an approved school system, must allow an
3
authorised person to have full and free access to each campus of
4
the school, or of each school in the system, for the following
5
purposes:
6
(a) the purposes mentioned in paragraphs (1)(a) and (b);
7
(b) to undertake any reasonable inspection of the campus, and of
8
the students at the campus, including an inspection for the
9
purpose of counting the number of students at the campus.
10
Reasonable notice, access times and assistance
11
(3) For the purposes of this section, the funding agreement:
12
(a) must allow for access mentioned in this section to be given
13
only on condition that:
14
(i) in the case of a non-systemic school--the authorised
15
person gives reasonable notice to the relevant authority
16
for the school; and
17
(ii) in the case of a systemic school--the authorised person
18
gives reasonable notice to the relevant authority for the
19
approved school system concerned, and to a person
20
responsible for the operation of the school; and
21
(iii) in any case--the access is given at reasonable times;
22
and
23
(b) must provide for the authorised person to be given such help
24
as he or she requires to exercise any power mentioned in this
25
section.
26
26 Funding agreements--evaluation
27
(1) A funding agreement must require the relevant authority for the
28
non-government school, or other non-government body, to ensure
29
that the school or body participates in evaluating the outcomes of
30
programs of financial assistance provided under this Act for the
31
school or body.
32
(2) Without limiting subsection (1), if that subsection applies to a
33
relevant authority for an approved school system, the funding
34
Part 3 Authorisation of financial assistance
Division 3 Funding agreements
Section 27
28 Schools Assistance Bill 2008 No. , 2008
agreement must require the authority to ensure that each school in
1
the system participates in evaluating the outcomes of programs of
2
financial assistance provided under this Act for the school.
3
27 Funding agreements--failure to comply
4
Failure to comply with funding agreement
5
(1) A funding agreement must contain a provision to the effect that
6
any or all of the consequences set out in this section may apply if
7
the relevant authority does not comply with a requirement of the
8
agreement:
9
(a) within the period required by or under the agreement; or
10
(b) within a further period allowed by the Minister (whether the
11
Minister allows this before or after the end of the period
12
required by or under the agreement).
13
Consequences of failure to comply
14
(2) If the Minister so determines, the relevant authority must pay to the
15
Commonwealth a specified amount (not more than the sum of the
16
amounts mentioned in subsection 16(1) (purpose of grants)).
17
(3) The Minister may determine that any other amount or amounts of
18
financial assistance to the State under this Act for the school or
19
body is to be reduced by an amount or amounts totalling not more
20
than:
21
(a) if the Minister makes a determination under subsection (2)--
22
the amount required to be paid under the determination; or
23
(b) in any other case--the sum of the amounts mentioned in
24
subsection 16(1).
25
Note:
A determination reducing the amount of a payment is made under
26
section 34.
27
(4) The Minister may delay the making of any further payment (or a
28
part of a further payment) to the State under this Act for the school
29
or body until the relevant authority complies with the requirement
30
set out in the agreement.
31
Authorisation of financial assistance Part 3
Funding agreements Division 3
Section 28
Schools Assistance Bill 2008 No. , 2008 29
28 Funding agreements--unauthorised amounts
1
A funding agreement must contain a provision that, if the sum of
2
the amounts mentioned in subsection 16(1) (purpose of grants)
3
exceeds the total amount that was properly authorised to be paid to
4
the State for the school or body:
5
(a) the relevant authority must, if the Minister so determines, pay
6
to the Commonwealth an amount (the determined amount)
7
equal to the excess; and
8
(b) in the event that the authority does not pay the determined
9
amount to the Commonwealth, the Minister may make a
10
further determination reducing any other amount or amounts
11
of financial assistance for the State under this Act for the
12
school or body by an amount or amounts not more than the
13
determined amount.
14
Note:
A further determination mentioned in paragraph (b) is made under
15
section 44.
16
Subdivision E--Other provisions in funding agreements
17
29 Funding agreements--othe r provisions
18
A funding agreement (or a funding agreement as varied) must
19
include the following provisions:
20
(a) the provisions mentioned in any of the following paragraphs
21
of this Act (if applicable):
22
(i) paragraph 135(b) (the inclusion of new schools in an
23
approved school system);
24
(ii) paragraph 140(e) (prerequisites for proposals to end
25
membership of approved school systems);
26
(iii) paragraph 158(d) (changes of approved authorities);
27
Note:
These provisions relate to the carrying-over of obligations under
28
funding agreements when changes are made to the approvals
29
concerned.
30
(b) any provisions prescribed by the regulations;
31
(c) any other provisions that the Minister considers appropriate
32
in relation to the relevant authority, school or body.
33
34
Part 3 Authorisation of financial assistance
Division 4 Conditions applying to the States
Section 30
30 Schools Assistance Bill 2008 No. , 2008
1
Division 4--Conditions applying to the States
2
30 Conditions applying to the States--payment of financial
3
assistance to non-governme nt schools and bodies
4
(1) The grant to a State because of a provision of this Act of financial
5
assistance for a non-government school, or another
6
non-government body, for a program year is subject to the
7
condition that the State is required:
8
(a) to pay to the relevant authority of the school or body each
9
amount paid to the State for the school or body because of
10
the provision; and
11
(b) when making such a payment, to describe the amount paid to
12
the relevant authority as a payment made out of money paid
13
to the State by the Commonwealth because of the provision.
14
(2) It is also a condition of the grant to the State that the payment of
15
each amount must be made:
16
(a) as soon as practicable after the amount is paid to the State; or
17
(b) within a further period allowed by the Minister (whether the
18
Minister allows this before or after the end of the time
19
mentioned in paragraph (a)).
20
31 Conditions applying to the States--require ment to repay
21
amounts to Commonwealth
22
(1) A grant to a State mentioned in section 30 is subject to the
23
condition that, in the event that the State does not comply with the
24
condition mentioned in subsection 30(1), the State is required, if
25
the Minister so determines, to repay to the Commonwealth the
26
amount stated in the determination.
27
(2) The amount stated in a determination under subsection (1) must not
28
exceed the sum of the amounts of financial assistance paid to the
29
State under the provision for the school or body for the program
30
year concerned.
31
32
Authorisation of financial assistance Part 3
Repayment of financial assistance Division 5
Section 32
Schools Assistance Bill 2008 No. , 2008 31
1
Division 5--Repayment of financial assistance
2
32 Repayment of financial assistance--relevant conside rations
3
Scope
4
(1) This section applies if the Minister is considering whether to make:
5
(a) a determination, under a provision of a funding agreement
6
mentioned in section 27 or 28, that the relevant authority of a
7
school or body is to pay an amount to the Commonwealth; or
8
(b) a determination under subsection 31(1) that a State is to
9
repay an amount to the Commonwealth.
10
Relevant considerations
11
(2) In considering whether to make the determination, the Minister
12
must take into account all relevant matters, including whether the
13
relevant authority or State gave all relevant information to the
14
Commonwealth before the grant of financial assistance was made.
15
33 Repayment of financial assistance--recovery from States as debts
16
An amount payable by a State to the Commonwealth under this
17
Act is a debt due by the State to the Commonwealth.
18
34 Repayment of financial assistance--failure by relevant
19
authorities to repay amounts
20
Scope
21
(1) This section applies if:
22
(a) under a funding agreement (or an agreement under section 30
23
of the former Act) between the Commonwealth and the
24
relevant authority of a non-government school, or another
25
non-government body, the Minister or the relevant Minister
26
(as appropriate) has determined that the authority is to pay an
27
amount to the Commonwealth; and
28
Part 3 Authorisation of financial assistance
Division 5 Repay ment of financial assistance
Section 34
32 Schools Assistance Bill 2008 No. , 2008
(b) an amount (the amount repayable) that is all or a part of the
1
amount mentioned in paragraph (a) remains unpaid.
2
Reduction of authorised amount
3
(2) The Minister may make a determination reducing an amount that is
4
authorised to be paid to a State for the school or body under any
5
provision of this Act in any program year by an amount not more
6
than the amount repayable.
7
Later increase of authorised amount
8
(3) The Minister may make a determination under a provision of this
9
Act increasing the maximum amount that may be paid to a State
10
for the school or body for any purpose under that provision in any
11
program year by an amount or amounts totalling not more than the
12
amount of any reduction under subsection (2).
13
(4) It does not matter whether the reduction was made in relation to the
14
same provision of this Act as the provision of this Act mentioned
15
in subsection (3), or a different provision.
16
17
Grants for recurrent expenditure Part 4
Simp lified outline of Part Division 1
Section 35
Schools Assistance Bill 2008 No. , 2008 33
1
Part 4--Grants for recurrent expenditure
2
Division 1--Simplified outline of Part
3
35 Simplified outline
4
(1) This section is a simplified outline of this Part.
5
(2) This Part allows the Minister to make determinations authorising
6
the payment of financial assistance to the States for
7
non-government schools, for recurrent expenditure of the following
8
types:
9
(a) current SES funding (see Division 3);
10
(b) maintained funding (see Division 4);
11
(c) guaranteed year 2008 funding (see Division 5);
12
(d) maximum SES funding (see Division 6);
13
(e) distance education funding (see Division 7);
14
(f) remoteness loading (see Division 8);
15
(g) Indigenous supplementary assistance (see Division 9);
16
(h) Indigenous funding guarantee (see Division 10).
17
(3) Funding for recurrent expenditure is worked out on a school by
18
school basis (whether the school is a non-systemic school or a
19
systemic school).
20
(4) This Part also sets limits on financial assistance for those types of
21
recurrent expenditure, using a series of per student amounts for
22
different categories of students, and different levels of education, at
23
each school.
24
25
Part 4 Grants for recurrent expenditure
Division 2 Average Govern ment School Recurrent Costs
Section 36
34 Schools Assistance Bill 2008 No. , 2008
1
Division 2--Average Government School Recurrent Costs
2
36 Average Governme nt School Recurrent Costs--meaning of
3
AGSRC
4
(1) In this Act:
5
AGSRC (short for Average Government School Recurrent Costs)
6
means:
7
(a) for primary education for a program year:
8
(i) $8,044; or
9
(ii) if the regulations specify another amount under
10
subsection (2) for the program year--that amount; or
11
(b) for secondary education for a program year:
12
(i) $10,061; or
13
(ii) if the regulations specify another amount under
14
subsection (2) for the program year--that amount; or
15
(2) The regulations may specify amounts for the purposes of
16
subsection (1).
17
(3) Before the Governor-General makes regulations for the purposes of
18
subsection (2), the Minister must consider changes in the figures
19
known as the Average Government School Costs published by:
20
(a) the Ministerial Council on Education, Employment, Training
21
and Youth Affairs; or
22
(b) a body specified by the regulations that has a corresponding
23
function.
24
37 Average Governme nt School Recurrent Costs--rounding-up pe r
25
student funding amounts
26
Scope
27
(1) This section applies in relation to an amount (a funding amount)
28
worked out under one of the following provisions (a funding
29
amount provision):
30
(a) section 40 (current SES funding--primary education);
31
Grants for recurrent expenditure Part 4
Average Govern ment School Recurrent Costs Division 2
Section 37
Schools Assistance Bill 2008 No. , 2008 35
(b) section 42 (current SES funding--secondary education);
1
(c) section 45 (maintained funding--primary education);
2
(d) section 46 (maintained funding--secondary education);
3
(e) section 49 (guaranteed year 2008 funding--primary
4
education);
5
(f) section 51 (guaranteed year 2008 funding--secondary
6
education);
7
(g) section 55 (maximum SES funding--primary education);
8
(h) section 56 (maximum SES funding--secondary education).
9
Rounding-up to next highest dollar (per student amounts)
10
(2) If an amount covered by subsection (3) is an amount of dollars and
11
cents, for the purposes of a funding amount provision, the amount
12
is to be rounded to the next highest dollar.
13
(3) This subsection covers an amount that is a component of a funding
14
amount, in relation to a level of education and a program year,
15
worked out using a formula of the following kind:
16
Funding level
AGSRC for
specified in the
the level of education
funding amount provision
for the program year
17
18
Part 4 Grants for recurrent expenditure
Division 3 Current SES funding
Section 38
36 Schools Assistance Bill 2008 No. , 2008
1
Division 3--Current SES funding
2
38 Curre nt SES funding--scope
3
This Division applies to a non-government school in a State for a
4
particular program year and level of education provided at the
5
school, unless one of the following Divisions applies to the school
6
for that program year and for that level of education:
7
(a) Division 4 (maintained funding);
8
(b) Division 5 (guaranteed year 2008 funding);
9
(c) Division 6 (maximum SES funding).
10
39 Curre nt SES funding--primary education funding determination
11
(1) The Minister may make a determination authorising payment of an
12
amount of financial assistance to the State for recurrent
13
expenditure:
14
(a) if the school is a non-systemic school--of the school for
15
primary education provided by the school in the program
16
year; or
17
(b) if the school is a member of an approved school system--of
18
the approved school system for primary education provided
19
by the school in the program year.
20
(2) The amount determined under subsection (1) must not exceed the
21
amount worked out for the school by adding up:
22
(a) the amount worked out under section 40 for the school's
23
primary students; and
24
(b) the amount worked out under section 57 for the school's
25
primary distance education students.
26
40 Curre nt SES funding--primary education funding amounts
27
For the purpose of paragraph 39(2)(a), work out the amount for the
28
school's primary students for the program year using the formula:
29
Grants for recurrent expenditure Part 4
Current SES funding Division 3
Section 41
Schools Assistance Bill 2008 No. , 2008 37
Number of
AGSRC for primary
School's current
primary students
education for the
SES funding level
for the school for
program year
the program year
1
41 Curre nt SES funding--secondary education funding
2
determination
3
(1) The Minister may make a determination authorising payment of an
4
amount of financial assistance to the State for recurrent
5
expenditure:
6
(a) if the school is a non-systemic school--of the school for
7
secondary education provided by the school in the program
8
year; or
9
(b) if the school is a member of an approved school system--of
10
the approved school system for secondary education provided
11
by the school in the program year.
12
(2) The amount determined under subsection (1) must not exceed the
13
amount worked out for the school by adding up:
14
(a) the amount worked out under section 42 for the school's
15
secondary students; and
16
(b) the amount worked out under section 58 for the school's
17
secondary distance education students.
18
42 Curre nt SES funding--secondary education funding amounts
19
For the purpose of paragraph 41(2)(a), work out the amount for the
20
school's secondary students for the program year using the
21
formula:
22
Number of
AGSRC for secondary
School's current
secondary students
education for the
SES funding level
for the school for
program year
the program year
23
24
Part 4 Grants for recurrent expenditure
Division 4 Maintained funding
Section 43
38 Schools Assistance Bill 2008 No. , 2008
1
Division 4--Maintained funding
2
43 Maintained funding--scope
3
General
4
(1) This Division applies to a non-government school in a State for a
5
particular program year if:
6
(a) either of the following Subdivisions of Division 2 of Part 6 of
7
the former Act was used to work out the funding for the
8
school's recurrent expenditure for the 2008 program year
9
under the former Act:
10
(i) Subdivision D (maintained year 2000 funding);
11
(ii) Subdivision E (maintained Catholic school funding);
12
and
13
(b) the school is not a maximum SES funded school for that
14
program year; and
15
(c) subsection (2) covers the school for the program year; and
16
(d) either of the following applies:
17
(i) this Division has applied to the school for each previous
18
program year (if any);
19
(ii) if this Division did not apply to the school in a previous
20
program year (the majority Indigenous student year)
21
only because the school was a majority Indigenous
22
student school for that year--this Division has applied
23
to the school for each previous program year (if any)
24
other than any majority Indigenous student year; and
25
Note:
A majority Indigenous student school is a maximum SES funded
26
school (see section 52).
27
(e) the school's SES score has not been changed, or determined,
28
for the purposes of any of the following provisions for that
29
program year or an earlier program year:
30
(i) section 80 (SES score changes on application by
31
school);
32
(ii) section 110 (approved school determination);
33
(iii) section 166 (false or misleading statements).
34
Grants for recurrent expenditure Part 4
Maintained funding Division 4
Section 43
Schools Assistance Bill 2008 No. , 2008 39
Condition based on 2008 funding
1
(2) This subsection covers a non-government school in the following
2
case:
3
School's actual
Notional primary
Notional secondary
2008 funding
students amount
students amount
4
where:
5
actual 2008 funding, for a school, means the maximum amount of
6
financial assistance for the school authorised under Part 6 of the
7
former Act for the 2008 program year:
8
(a) including amounts for the school's primary students and
9
secondary students; but
10
(b) excluding the following amounts:
11
(i) any amount for distance education worked out under
12
Subdivision H of Division 2 of Part 6 of the former Act;
13
(ii) any amount for remoteness per capita loading worked
14
out under Subdivision I of that Division of the former
15
Act.
16
notional primary students amount is the amount worked out using
17
the formula:
18
Number of
AGSRC for primary
School's current
primary students
education for the
SES funding level
for the school for the
program year 2008
under this Act
program year 2008
under the former Act
under the former Act
19
notional secondary students amount is the amount worked out
20
using the formula:
21
Number of
AGSRC for secondary
School's current
secondary students
education for the
SES funding level
for the school for the
program year 2008
under this Act
program year 2008
under the former Act
under the former Act
22
Part 4 Grants for recurrent expenditure
Division 4 Maintained funding
Section 44
40 Schools Assistance Bill 2008 No. , 2008
44 Maintained funding--determination
1
(1) The Minister may make a determination authorising payment of an
2
amount of financial assistance to the State for recurrent
3
expenditure:
4
(a) if the school is a non-systemic school--of the school for the
5
program year; or
6
(b) if the school is a member of an approved school system--of
7
the approved school system for the school for the program
8
year.
9
(2) The amount determined under subsection (1) must not exceed the
10
amount worked out for the school by adding up:
11
(a) the amount worked out under section 45 for the school's
12
primary students; and
13
(b) the amount worked out under section 46 for the school's
14
secondary students; and
15
(c) the amount worked out under section 57 for the school's
16
primary distance education students; and
17
(d) the amount worked out under section 58 for the school's
18
secondary distance education students.
19
45 Maintained funding--primary education funding amounts
20
For the purpose of paragraph 44(2)(a), work out the amount for the
21
school's primary students for the program year using the formula:
22
Number of
School's maintained
AGSRC for primary
primary students
funding level for
education for the
for the school for the
primary education
program year
program year
23
46 Maintained funding--secondary education funding amounts
24
For the purpose of paragraph 44(2)(b), work out the amount for the
25
school's secondary students for the program year using the
26
formula:
27
Grants for recurrent expenditure Part 4
Maintained funding Division 4
Section 46
Schools Assistance Bill 2008 No. , 2008 41
Number of
School's maintained
AGSRC for secondary
secondary students
funding level for
education for the
for the school for the
secondary education
program year
program year
1
2
Part 4 Grants for recurrent expenditure
Division 5 Guaranteed year 2008 funding
Section 47
42 Schools Assistance Bill 2008 No. , 2008
1
Division 5--Guaranteed year 2008 funding
2
47 Guaranteed year 2008 funding--scope
3
(1) This Division applies to a non-government school for a particular
4
program year and level of education provided at the school if:
5
(a) either of the following Subdivisions of Division 2 of Part 6 of
6
the former Act were used to work out the funding for the
7
school's recurrent expenditure for the program year 2008
8
under the former Act:
9
(i) Subdivision C (current SES funding);
10
(ii) Subdivision F (guaranteed year 2004 SES funding); and
11
(b) the school is not a maximum SES funded school for that
12
program year; and
13
(c) subsection (2) covers the school for the program year; and
14
(d) either of the following applies:
15
(i) this Division has applied to the school for that level of
16
education for each previous program year (if any);
17
(ii) if this Division did not apply to the school for that level
18
of education for a previous program year (the majority
19
Indigenous student year) only because the school was a
20
majority Indigenous student school for that year--this
21
Division has applied to the school for that level of
22
education for each previous program year (if any) other
23
than any majority Indigenous student year; and
24
Note:
A majority Indigenous student school is a maximum SES funded
25
school (see section 52).
26
(e) the school's SES score has not been changed, or determined,
27
for the purposes of any of the following provisions for that
28
program year or an earlier program year:
29
(i) section 80 (SES score changes on application by
30
school);
31
(ii) section 110 (approved school determination);
32
(iii) section 166 (false or misleading statements).
33
Grants for recurrent expenditure Part 4
Guaranteed year 2008 funding Division 5
Section 48
Schools Assistance Bill 2008 No. , 2008 43
Condition based on 2008 funding
1
(2) This subsection covers a non-government school, for a particular
2
level of education provided at the school in a program year (the
3
current program year), in the following case:
4
School's
AGSRC for
AGSRC
guaranteed
that level of
School's
funding level
education for
current SES
for that
the guarantee
funding level
level of
year under the
under this Act
education
former Act
for
that level of
education for
the current
program year
5
48 Guaranteed year 2008 funding--primary education funding
6
determination
7
(1) The Minister may make a determination authorising payment of an
8
amount of financial assistance to the State for recurrent
9
expenditure:
10
(a) if the school is a non-systemic school--of the school for
11
primary education provided by the school in the program
12
year; or
13
(b) if the school is a member of an approved school system--of
14
the approved school system for primary education provided
15
by the school in the program year.
16
(2) The amount determined under subsection (1) must not exceed the
17
amount worked out for the school by adding up:
18
(a) the amount worked out under section 49 for the school's
19
primary students; and
20
(b) the amount worked out under section 57 for the school's
21
primary distance education students.
22
49 Guaranteed year 2008 funding--primary education funding
23
amounts
24
For the purpose of paragraph 48(2)(a), work out the amount for the
25
school's primary students for the program year (the current
26
program year) using the formula:
27
Part 4 Grants for recurrent expenditure
Division 5 Guaranteed year 2008 funding
Section 50
44 Schools Assistance Bill 2008 No. , 2008
School's
AGSRC for primary
Number of
guaranteed
education for the
primary students
funding level
guarantee year under
for the school for the
for primary
the former Act
current program year
education
1
50 Guaranteed year 2008 funding--secondary education funding
2
determination
3
(1) The Minister may make a determination authorising payment of an
4
amount of financial assistance to the State for recurrent
5
expenditure:
6
(a) if the school is a non-systemic school--of the school for
7
secondary education provided by the school in the program
8
year; or
9
(b) if the school is a member of an approved school system--of
10
the approved school system for secondary education provided
11
by the school in the program year.
12
(2) The amount determined under subsection (1) must not exceed the
13
amount worked out for the school by adding up:
14
(a) the amount worked out under section 51 for the school's
15
secondary students; and
16
(b) the amount worked out under section 58 for the school's
17
secondary distance education students.
18
51 Guaranteed year 2008 funding--secondary education funding
19
amounts
20
For the purpose of paragraph 50(2)(a), work out the amount for the
21
school's secondary students for the program year (the current
22
program year) using the formula:
23
School's
AGSRC for secondary
Number of
guaranteed
education for the
secondary students
funding level
guarantee year under
for the school for the
for secondary
the former Act
current program year
education
24
25
Grants for recurrent expenditure Part 4
Maximu m SES funding Division 6
Section 52
Schools Assistance Bill 2008 No. , 2008 45
1
Division 6--Maximum SES funding
2
52 Maximum SES funding--scope
3
This Division applies to a non-government school for a particular
4
program year if the school (a maximum SES funded school) is any
5
of the following for that program year:
6
(a) a special school;
7
(b) a special assistance school;
8
(c) a majority Indigenous student school.
9
53 Maximum SES funding--meaning of majority Indigenous student
10
school
11
(1) In this Act:
12
majority Indigenous student school, for a program year, means a
13
non-government school, if:
14
(a) in the case of a school that was not a very remote school on
15
the schools census day for the calendar year before the
16
program year--as counted on that schools census day, 80%
17
or more of the total number of students receiving primary and
18
secondary education at the school were Indigenous; or
19
(b) in the case of a school that was a very remote school on the
20
schools census day for the calendar year before the program
21
year--as counted on that schools census day, 50% or more of
22
the total number of students receiving primary and secondary
23
education at the school were Indigenous.
24
(2) In this section:
25
very remote school, for a calendar year, means a school:
26
(a) whose only school campus for that calendar year is a very
27
remote school campus (within the meaning of this Act); or
28
(b) all of whose school campuses for that calendar year are very
29
remote school campuses (within the meaning of this Act).
30
Part 4 Grants for recurrent expenditure
Division 6 Maximu m SES funding
Section 54
46 Schools Assistance Bill 2008 No. , 2008
Note:
The definition of very remote school campus in section 4 applies a
1
more up-to-date Remoteness Structure than the Remoteness Structure
2
applied in section 4 of the former Act.
3
54 Maximum SES funding--determination
4
(1) The Minister may make a determination authorising payment of an
5
amount of financial assistance to the State for recurrent
6
expenditure:
7
(a) if the school is a non-systemic school--of the school for the
8
program year; or
9
(b) if the school is a member of an approved school system--of
10
the approved school system for the school for the program
11
year.
12
(2) The amount determined under subsection (1) must not exceed the
13
amount worked out for the school by adding up:
14
(a) the amount worked out under section 55 for the school's
15
primary students; and
16
(b) the amount worked out under section 56 for the school's
17
secondary students; and
18
(c) the amount worked out under section 57 for the school's
19
primary distance education students; and
20
(d) the amount worked out under section 58 for the school's
21
secondary distance education students.
22
55 Maximum SES funding--primary education funding amounts
23
For the purpose of paragraph 54(2)(a), work out the amount for the
24
school's primary students for the program year using the formula:
25
Number of
AGSRC for primary
primary students
70%
education for the
for the school for
program year
the program year
26
56 Maximum SES funding--secondary education funding amounts
27
For the purpose of paragraph 54(2)(b), work out the amount for the
28
school's secondary students for the program year using the
29
formula:
30
Grants for recurrent expenditure Part 4
Maximu m SES funding Division 6
Section 56
Schools Assistance Bill 2008 No. , 2008 47
Number of
AGSRC for secondary
secondary students
70%
education for the
for the school for
program year
the program year
1
2
Part 4 Grants for recurrent expenditure
Division 7 Distance education funding
Section 57
48 Schools Assistance Bill 2008 No. , 2008
1
Division 7--Distance education funding
2
57 Distance education funding--primary distance education funding
3
amounts
4
Scope
5
(1) This section applies in relation to a non-government school for the
6
purposes of the following provisions:
7
(a) paragraph 39(2)(b) (current SES funding);
8
(b) paragraph 44(2)(c) (maintained funding);
9
(c) paragraph 48(2)(b) (guaranteed year 2008 funding);
10
(d) paragraph 54(2)(c) (maximum SES funding).
11
Funding amount
12
(2) Work out the amount for the school's primary distance education
13
students for the program year using the formula:
14
Number of
Assistance amount
primary distance
per student for
education students
the program year
for the school for
the program year
15
where:
16
assistance amount per student, for a program year, means the
17
amount worked out using the formula:
18
AGSRC for primary
13.7%
education for the
program year
19
Rounding-up to next highest dollar
20
(3) If the assistance amount per student for a program year is an
21
amount of dollars and cents, the amount is to be rounded to the
22
next highest dollar.
23
Grants for recurrent expenditure Part 4
Distance education funding Division 7
Section 58
Schools Assistance Bill 2008 No. , 2008 49
58 Distance education funding--secondary distance education
1
funding amounts