Commonwealth Numbered Acts
[Index]
[Table]
[Search]
[Search this Act]
[Notes]
[Noteup]
[Previous]
[Download]
[Help]
INDIGENOUS EDUCATION (SUPPLEMENTARY ASSISTANCE) AMENDMENT ACT 1996 No. 9 of 1996 - SCHEDULE
Schedule 1-Amendment of the Indigenous Education
(Supplementary Assistance) Act 1989 1 Section 3 (definition of Indigenous)
Repeal the definition, substitute: Indigenous, in relation to a person, means:
(a) a member of the Aboriginal race of Australia; or
(b) a descendant of the indigenous inhabitants of the Torres Strait
Islands. 2 Section 3 Insert: education provider means a person,
institution or body specified in section 9. education sector means an
education sector listed in column 1 of the per capita funding table.
funding year means the calendar year 1997 or any subsequent calendar
year. government educational institution means:
(a) a government preschool; or
(b) a government school; or
(c) a government VET institution. government school means a school that is
conducted by or on behalf of the government of a State or Territory.
government preschool means a preschool that is conducted by or on
behalf of the government of a State or Territory. government VET
institution means a VET institution that is conducted by or on behalf
of the government of a State or Territory. NATSI preschool census week
means the week during which the National Aboriginal and Torres Strait
Islander preschool census is taken on behalf of the Commonwealth.
non-government preschool means an institution in a State or Territory
that:
(a) is licensed or registered as a preschool by the appropriate State or
Territory licensing or registration authority; and
(b) is receiving or is eligible to receive funding from the State or
Territory for preschool education; and
(c) is not conducted for profit. non-government school means a school in a
State or Territory that:
(a) is not conducted by or on behalf of the government of the State or
Territory; and
(b) is receiving or is eligible to receive funding under the States
Grants (Primary and Secondary Education Assistance) Act 1992 or the
successor Act; and
(c) is not conducted for profit. non-government VET institution means a
VET institution in a State or Territory that is not conducted by or on
behalf of the government of the State or Territory. non-remote, in
relation to an institution, means an institution that is not remote.
non-systemic school means a school that is included as a non-systemic
school in the list of non-government schools kept under:
(a) if the successor Act has not commenced-section 17 of the States
Grants (Primary and Secondary Education Assistance) Act 1992 ; or
(b) if the successor Act has commenced-the provision of the successor Act
that is equivalent in substance to that section. per capita funding
table means the table in section 10A. remote, in relation to an
institution, means an institution that is:
(a) on an island (other than Tasmania, Stradbroke Island, Kangaroo Island,
Rottnest Island or Phillip Island); or
(b) in a location from which one of the following is required in order to
reach a city with a population of 50,000 or more:
(i) a journey by road of more than 300 kilometres;
(ii) a journey by air;
(iii) a journey by water; or
(c) in a community of Indigenous people that has developed as a result of
decisions of those people to return to live on land with which they
identify; or
(d) situated in a township or settlement that is culturally distinct
because it is occupied by Indigenous people and managed by a council
constituted by Indigenous people. schools census day, in relation to a
year, is the day that is schools census day in the year under:
(a) if the successor Act has not commenced-the States Grants (Primary and
Secondary Education Assistance) Act 1992 ; or
(b) if the successor Act has commenced-that Act. successor Act means the
Act:
(a) which applies to a period beginning immediately after the end of the
period covered by the States Grants (Primary and Secondary Education
Assistance) Act 1992 ; and
(b) whose purposes are similar to the purposes of that Act. systemic
school means a school that is included as a systemic school in the
list of non-government schools kept under:
(a) if the successor Act has not commenced-section 17 of the States
Grants (Primary and Secondary Education Assistance) Act 1992 ; or
(b) if the successor Act has commenced-the provision of the successor Act
that is equivalent in substance to that section. systemic school
system means a school system that is included in the list of approved
school systems kept under:
(a) if the successor Act has not commenced-section 19 of the States
Grants (Primary and Secondary Education Assistance) Act 1992 ; or
(b) if the successor Act has commenced-the provision of the successor Act
that is equivalent in substance to that section. Territory means the
Australian Capital Territory or the Northern Territory. VET
institution means an institution in a State or Territory that:
(a) is registered as an institution providing vocational education and
training by the appropriate State or Territory authority; and
(b) is receiving or is eligible to receive funding from the appropriate
State or Territory authority; and
(c) provides courses that are accredited under State or Territory
requirements for the accreditation of vocational education and
training courses; and
(d) is not conducted for profit. 3 Subparagraph 4(c)(ii) Repeal the
subparagraph, substitute:
(ii) as special teachers of the culture, history, contemporary
society and languages of Indigenous people; Note: The heading
to section 4 is replaced by the heading "Object of
Act-increasing involvement of Indigenous people in educational
decisions". 4 Paragraph 4(e) Omit "Indigenous communities",
substitute "communities of Indigenous people". 5 Paragraph 7(e)
Omit "Indigenous languages", substitute "the languages of
Indigenous people". Note: The heading to section 7 is altered
by omitting "Aboriginals" and substituting "Indigenous people".
6 Paragraph 7(h) Omit "Indigenous history and culture and
Indigenous identity", substitute "the history, culture and
identity of Indigenous people". 7 Paragraph 7(j) Omit
"traditional and contemporary Indigenous culture", substitute
"the traditional and contemporary culture of Indigenous
people". 8 After section 7 Insert in Part 1:
7A Object of Act-to develop culturally appropriate education services for
Indigenous people
It is an object of this Act to encourage the development of education services
that are culturally appropriate for Indigenous people by:
(a) the development of curricula that are suited to:
(i) the education of Indigenous students; and
(ii) the training of professional educators (including
administrators, teachers, teaching assistants, researchers,
student services officers, curriculum advisers and community
liaison officers) who are involved in the education of
Indigenous students; and
(b) the development of teaching methods and techniques that are suited to
the learning styles of Indigenous students; and
(c) the promotion of research to devise innovative methods to deliver
education services to Indigenous students; and
(d) the promotion of research to devise methods to eliminate barriers to
educational attainment encountered by Indigenous students; and
(e) the conduct of pilot studies to test the effectiveness of the methods
referred to in paragraphs (c) and (d). 9 Part 2 (heading) Repeal the
heading, substitute: Part 2-Indigenous education agreements 10 After
the heading to Part 2 Insert: Division 1-General 11 Paragraph 9(a)
Repeal the paragraph, substitute:
(a) a State or Territory; or
12 After section 9 Insert: 9A Types of funding provided by agreements
(1) An agreement may provide for the payment of money in the form of either,
or both, of the following:
(a) funding for supplementary recurrent expenditure;
(b) funding for a particular project.
(2) If the agreement provides for the payment of money for supplementary
recurrent expenditure, the amount of the payment is worked out under Division
2. 13 Paragraphs 10(2)(b) and (c) Omit "Aboriginals" (wherever occurring),
substitute "Indigenous people". 14 After section 10 Insert in Part 2: Division
2-Funding for supplementary recurrent expenditure 10A Amount of payment for
supplementary recurrent expenditure
(1) The Minister may make an agreement authorising the payment to the other
party to the agreement of an amount for supplementary recurrent expenditure
for a funding year.
(2) The amount of the payment is worked out under sections 10B to 10F and the
following table:
Per capita funding table
Item Education Government Non-government
sector rate rate
$ $
column 1 column 2 column 3
1 Preschool (remote) 600 2,000
2 Preschool (non-remote) 300 1,000
3 Primary school (remote) 600 2,000
4 Primary school (non-remote) 300 1,000
5 Junior secondary (remote) 800 3,000
6 Junior secondary (non-remote) 400 1,500
7 Senior secondary (remote) 1,000 3,300
8 Senior secondary (non-remote) 500 1,650
9 VET institution (remote) 1,000 3,300
10 VET institution (non-remote) 500 1,650
10B Funding of government educational institutions
(1) The Minister may authorise a payment for a funding year to an education
provider if:
(a) the education provider is a State or Territory; and
(b) there are Indigenous students enrolled for the year at government
educational institutions in the State or Territory.
(2) The amount of the payment that may be authorised under this section is the
sum of the per capita amounts worked out under subsections (3) and (4) for the
education sectors in which the State or Territory provides education.
(3) The per capita amount for an education sector (other than a preschool
sector) is worked out using the formula: IS X per capita amount where: IS
means the number of Indigenous students in the education sector who are
enrolled at government educational institutions in the State or Territory for
the funding year. per capita amount means the amount specified for the
education sector in column 2 of the per capita funding table.
(4) The per capita amount for a preschool sector is worked out using the
formula: where: IS means the number of Indigenous students:
(a) enrolled at government preschools in the State or Territory; and
(b) in respect of whom recurrent funds are made available by the
government of the State or Territory; for the funding year. per capita
amount means the amount specified in column 2 of the per capita
funding table for a remote preschool or a non-remote preschool (as the
case requires). 10C Funding of non-government schools and
preschools-systemic
(1) The Minister may authorise a payment for a funding year to an education
provider in a State or Territory if:
(a) the education provider conducts a systemic school system; and
(b) there are Indigenous students enrolled for the year at one or more of
the system's systemic schools or at a non-government preschool
conducted by the education provider in the State or Territory.
(2) The amount of the payment that may be authorised under this section is the
sum of the per capita amounts worked out under subsections (3) and (4) for the
education sectors in which the education provider provides education in the
State or Territory.
(3) The per capita amount for an education sector (other than a preschool
sector) is worked out using the formula: where: IS means the number of
Indigenous students in the education sector who are enrolled at the system's
systemic schools in the State or Territory for the funding year. per capita
amount means the amount specified for the education sector in column 3 of the
per capita funding table.
(4) The per capita amount for a preschool sector is worked out using the
formula: where: IS means the number of Indigenous students:
(a) enrolled at non-government preschools conducted by the education
provider in the State or Territory; and
(b) in respect of whom recurrent funds are made available by the
government of the State or Territory; for the funding year. per capita
amount means the amount specified in column 3 of the per capita
funding table for a remote preschool or a non-remote preschool (as the
case requires). 10D Funding of non-government schools-non-systemic
(1) The Minister may authorise a payment for a funding year to an education
provider if:
(a) the education provider conducts a non-systemic school; and
(b) there are Indigenous students enrolled for the year at the school; and
(c) the number of those students:
(i) is 20 or more; and
(ii) is 10% or more of the total number of students enrolled for the
year at the school.
(2) The amount of the payment that may be authorised under this section is the
sum of the per capita amounts worked out under subsection (3) for each
education sector (other than the preschool sectors) in which the education
provider provides education at the school.
(3) The per capita amount for an education sector is worked out using the
formula: where: IS means the number of Indigenous students in the education
sector who are enrolled at the school for the funding year. per capita amount
means the amount specified for the education sector in column 3 of the per
capita funding table. 10E Funding of non-government preschools-non-systemic
(1) The Minister may authorise a payment for a funding year to an education
provider if:
(a) the education provider conducts a non-government preschool (other than
a preschool to which section 10C applies); and
(b) there are Indigenous students enrolled for the year at the preschool;
and
(c) the number of those students:
(i) is 5 or more; and
(ii) is 10% or more of the total number of students enrolled for the
year at the preschool.
(2) The amount of the payment that may be authorised under this section is
worked out using the formula: where: IS means the number of Indigenous
students:
(a) enrolled at the preschool; and
(b) in respect of whom recurrent funds are made available by the
government of the State or Territory; for the funding year. per capita
amount means the amount specified in column 3 of the per capita
funding table for a remote preschool or a non-remote preschool (as the
case requires).
10F Funding of non-government VET institutions
(1) The Minister may authorise a payment for a funding year to an education
provider if:
(a) the education provider conducts a non-government VET institution; and
(b) there are Indigenous students enrolled for the year at the
institution; and
(c) the number of those students:
(i) is 20 or more; and
(ii) is 10% or more of the total number of students enrolled for the
year at the institution.
(2) The amount of the payment that may be authorised under this section is
worked out using the formula: where: IS means the number of Indigenous
students enrolled at the institution for the funding year. per capita amount
means the amount specified in column 3 of the per capita funding table for a
remote VET institution or a non-remote VET institution (as the case requires).
10G Determination of preschool student numbers
(1) For the purposes of this Act, the number of students enrolled at a
preschool for a funding year is the number of students (worked out under this
section) enrolled at the preschool during the NATSI preschool census week in
the year.
(2) The number of students enrolled at a preschool during a particular week is
the sum of:
(a) the number of students enrolled at the preschool for 10 hours or more
per week during that week; and
(b) the number of full-time equivalent students enrolled at the preschool
during that week.
(3) The number of full-time equivalent students referred to in paragraph
(2)(b) is worked out using the following formula: where: part-time student
hours means the total number of hours for which part- time students are
enrolled during the relevant week.
(4) In this section: part-time student means a student who is enrolled at a
preschool for less than 10 hours per week. 10H Determination of school student
numbers
For the purposes of this Act, the number of students enrolled at a school for
a funding year is the number of students (including full- time equivalent
students) enrolled at the school on schools census day in the year. 10J
Determination of VET institution student numbers
(1) For the purposes of this Act, the number of students enrolled at a VET
institution for a funding year is taken to be the same as the number of
students (worked out under this section) enrolled at the institution in the
year immediately before that year.
(2) The number of students enrolled at a VET institution in a particular year
is worked out using the formula: where: student contact hours means the total
number of contact hours for which students are enrolled in the year at the VET
institution in courses accredited under State or Territory requirements for
the accreditation of vocational education and training courses.
(3) The total number of contact hours referred to in subsection (2) is worked
out on the basis of the information in the national vocational education and
training data collection for the year. 10K Student numbers and Indigenous
student numbers determined by same method
The methods for determining student numbers set out in sections 10G to 10J
apply to determining numbers of Indigenous students as well as to determining
numbers of students in general. 15 Section 10A (in Part 3) Renumber as section
11. 16 Subsection 13B(4) Omit "$83,636,000", substitute "$91,486,000". Note:
The heading to section 13B is altered by omitting "1997" and substituting
"2000". 17 Section 13B Add at the end:
(5) $102,376,000 is appropriated out of the Consolidated Revenue Fund in
respect of the period that starts on 1 January 1997 and ends on 30 June 1998
for the purpose of making permitted payments during that period.
(6) $114,360,000 is appropriated out of the Consolidated Revenue Fund in
respect of the period that starts on 1 January 1998 and ends on 30 June 1999
for the purpose of making permitted payments during that period.
(7) $121,976,000 is appropriated out of the Consolidated Revenue Fund in
respect of the period that starts on 1 January 1999 and ends on 30 June 2000
for the purpose of making permitted payments during that period.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback