Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1976 No. 133, 1976 - SECT 4

4. (1) Where-

   (a)  the students, or a substantial number of the students, at a government
        school in a State are members of a community that is, for social,
        economic, ethnic, geographic, cultural or lingual reasons, or for
        similar reasons, of such a kind that the capacity of the students to
        take advantage of educational opportunities ordinarily available at
        schools in the State is below average; and

   (b)  the State Education Minister for the State is of the opinion that-

        (i)    the school should, for any of the reasons referred to in
               paragraph (a), be treated as a disadvantaged school for the
               purposes of this Act; and

        (ii)   the total number of students at that school, and at other
               schools in the State that are or may become
               government disadvantaged schools, is not, and will not be, at
               any time during the year to which this Act applies, greater
               than the number of students that the
               Commonwealth Education Minister, under sub-section (3), has
               informed the State Education Minister is the approved maximum
               number of students in relation to government disadvantaged
               schools in that State in respect of that year, the
               State Education Minister may inform the
               Commonwealth Education Minister that the school should, in the
               opinion of the State Education Minister, be treated as a
               disadvantaged school for the purposes of this Act.

(2) Where-

   (a)  the students, or a substantial number of the students, at a
        non-government school in a State are members of a community that is,
        for social, economic, ethnic, geographic, cultural or lingual reasons,
        or for similar reasons, of such a kind that the capacity of the
        students to take advantage of educational opportunities ordinarily
        available at schools in the State is below average; and

   (b)  the Commonwealth Education Minister is of the opinion that the school
        should, for any of the reasons referred to in paragraph (a), be
        treated as a disadvantaged school for the purposes of this Act, the
        Commonwealth Education Minister may declare the school to be a
        disadvantaged school for the purposes of this Act.

(3) As soon as practicable after the commencement of this Act, the
Commonwealth Education Minister shall determine, in relation to each State,
the number of students that is, for the purposes of sub-section (1), the
approved maximum number of students in relation to government disadvantaged
schools in the State in respect of the year to which this Act applies, and
shall inform the State Education Minister of that number.

(4) Where-

   (a)  the students, or a substantial number of the students, receiving
        primary education or secondary education in a country area of a State
        are members of a community that is, for geographic, social, economic
        or cultural reasons, or for similar reasons, of such a kind that the
        capacity of the students to take advantage of educational
        opportunities ordinarily available at schools in the State is below
        average;

   (b)  the State Education Minister for the State informs the Commonwealth
        Education Minister of that fact; and

   (c)  the Commonwealth Education Minister is of the opinion that the area
        should, for any of the reasons referred to in paragraph (a), be
        treated as a disadvantaged country area for the purposes of this Act,
        the Commonwealth Education Minister may declare the area to be a
        disadvantaged country area for the purposes of this Act.

(5) Where the Minister is of the opinion that-

   (a)  there is ordinarily included amongst the students at a non-government
        school in a State a substantial number of students from the country;

   (b)  there has been a decline in enrolment at the school of students of
        that kind and the decline is substantial and unusual; and

   (c)  the school is, by reason of that decline, in need of short-term
        emergency assistance, the Minister may declare the school to be, for
        the purposes of this Act, a
        school in need of short-term emergency assistance.