Commonwealth Numbered Acts

STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1988No. 1, 1989 - SECT 3

3. (1) In this Act, unless the contrary intention appears:

"Aborigine" includes a person of the race to which Torres Strait Islanders
belong;

"Aboriginal community school" means a school:

   (a)  that, in the opinion of the Minister, originates from within, and is
        supported by, a local Aboriginal community having regard to its
        organisation, management and curriculum; and

   (b)  at which at least 50% of the students are Aborigines;

"approved authority", in relation to a provision of this Act in relation to an
approved school system, a non-government school, a non-government body
administering a program in connection with a government school, a non-systemic
school or a non-government centre, means the person or body that the Minister,
by determination in writing, declares to be the approved authority of that
school system, of that school, of that non-government body or of that centre,
as the case may be, for the purposes of that provision;

"approved education centre", in relation to a program year, means a body
corporate, or an unincorporated body that the Minister is satisfied will,
during that year, become a body corporate:

   (a)  the members, or a majority of the members, of the governing body of
        which are persons employed as teachers at schools;

   (b)  the principal object of which is to improve the professional
        competence of teachers by methods that include the provision of
        in-service teacher training;

   (c)  that is not conducted for profit;

   (d)  the membership of which is not restricted to teachers or to teachers
        of a particular kind;

   (e)  that provides opportunities for parents of students at schools, and
        other persons interested in education, to take part and assist in
        activities of the centre; and

   (f)  that is approved by the Minister by determination in writing as an
        education centre for the purposes of this Act in relation to that
        year;
and includes an education centre that was an approved education centre under
the former Act immediately before the commencing day and that has not been
declared by the Minister by determination in writing not to be approved for
the purposes of this Act in relation to that year;

"approved ethnic schools authority", in relation to a program year, means a
body that is not an approved authority in relation to a provision of this Act
and that is providing or proposes to provide a program of ethnic education in
that year, being a body:

   (a)  that was an approved ethnic schools authority in relation to the year
        commencing on 1 January 1986 under the former Act; or

   (b)  that the Minister is satisfied should, because of exceptional
        circumstances, be approved for the purposes of this definition in
        relation to that program year;
and that is approved by the Minister by determination in writing as an ethnic
schools authority in relation to that program year;

"approved school system" means a school system that is included in the list of
approved school systems;

"BGA school" means a non-government school in relation to which there is a
block grant authority;

"block grant authority", in relation to a school, means:

   (a)  a body corporate in relation to which an approval under section 19 is
        in force in relation to the school; or

   (b)  a body corporate that was, immediately before the commencement of this
        Act, a block grant authority in relation to the school under the
        former Act and that has not been declared by the Minister by
        determination in writing not to be a block grant authority;

"body" means any body, whether incorporated or unincorporated;

"building" includes part of a building;

"capital project" includes a project involving:

   (a)  investigation of the need for:

        (i)    schools, or schools of particular kinds, in a State or a part
               of a State; or

        (ii)   a building or other facilities;

   (b)  the purchase of land, with or without buildings;

   (c)  planning for the erection, alteration or extension of a building or
        other facilities;

   (d)  the development or preparation of land for building or other purposes;

   (e)  the installation or upgrading of water, electricity or any other
        services;

   (f)  the provision of equipment, library materials or furniture;

   (g)  obtaining services and goods for cataloguing a library; and

   (h)  in the case of a project in connection with a non-government
        school-the taking on lease of land or buildings;

"child with severe disabilities" means:

   (a)  a child with disabilities who has attained school age:

        (i)    for whom, because of his or her disabilities, enrolment at a
               school, at a government centre or at a non-government centre,
               is not appropriate; or

        (ii)   who is enrolled at a school, at a government centre or at a
               non-government centre but who is unable, because of his or her
               disabilities, to receive a substantial part of the benefits
               ordinarily available to children enrolled at that school or
               centre; or

   (b)  a child with disabilities who has not attained school age but who,
        upon attaining that age, is likely to be a person referred to in
        paragraph (a);

"co-educational school" means a school for both male students and female
students;

"commencing day" means the day on which this Act commenced;

"disadvantaged school" means a school in respect of which a declaration under
subsection 15 (1) or 27 (1) is in force;

"early special education program for children with disabilities" means a
program carried out in relation to the education of children with disabilities
who have not attained school age;

"education in English as a second language for eligible new arrivals", in
relation to a program year, means education that is provided for the purpose
of teaching, by means of intensive instruction, the English language to
persons who are eligible new arrivals in relation to that year;

"eligible new arrival", in relation to a program year, means a person:

   (a)  who is a permanent resident;

   (b)  whose first language is a language (not being the English language) of
        a country other than Australia; and

   (c)  who arrived in Australia after 31 July in the year immediately
        preceding that year;

"former Act" means the States Grants (Schools Assistance) Act 1984;

"full fee paying private overseas secondary student" means a person who:

   (a)  is receiving secondary education at a school; and

   (b)  holds a temporary entry permit in force under the Migration Act 1958 ;
and who pays, whose guardian pays, or who together with his or her guardian
pays, the full cost of the person's education at that school;

"funding level", in relation to a school or a school system in respect of
which financial assistance is provided under this Act in a program year, means
the level of assistance specified in column 1 of the parts of Schedule 7 that
is applicable to the school or to the system in that year for the purpose of
meeting recurrent expenditure;

"general education in English as a second language" means education that is
provided to teach the English language to students who are permanent residents
and whose first language is not English, whether or not that education is
provided with instruction for those students or other students in the culture
of Aborigines or of people who have migrated to Australia;

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

"government disadvantaged school" means a government school in respect of
which a declaration under subsection 15 (1) is in force;

"government school" means a school in a State that is conducted by or on
behalf of the Government of the State;

"integration activities" means activities designed to integrate children with
disabilities into schools, or other places of education approved by the
Minister in writing for the purposes of this definition, at which education is
provided for children other than children with disabilities;

"level", in relation to education provided at a school, means primary
education, junior secondary education or senior secondary education or a year
in the course of education of that kind;

"list" means the list of schools maintained under section 6;

"minimum number of students", in relation to a level of education, a
combination of levels of education or a school, means the number determined by
the Minister under subsection (2) to be the minimum number of students for
that level, that combination or that school;

"minor capital project" means a capital project of a kind approved by the
Minister for the purposes of this definition;

"non-BGA school" means a non-government school in relation to which there is
not a block grant authority;

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

"non-government centre" means a centre in a State involved in the provision of
special education that is not conducted by or on behalf of the Government of
the State, but does not include a centre conducted for profit;

"non-government disadvantaged school" means a non-government school in respect
of which a declaration under subsection 27 (1) is in force;

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

"non-systemic disadvantaged school" means a non-systemic school in respect of
which a declaration under subsection 27 (1) is in force;

"non-systemic school" means a non-government school:

   (a)  that is not included in an approved school system; and

   (b)  that is included in the list as a non-systemic school;

"permanent resident" means:

   (a)  an Australian citizen;

   (b)  a person who holds an entry permit (other than a temporary entry
        permit) in force under the Migration Act 1958;

   (c)  a person who, under subsection 6 (8) of that Act, is taken to be
        included in an entry permit (other than a temporary entry permit) in
        force under that Act;

   (d)  a person in relation to whom the condition referred to in paragraph 6A
        (1) (c) of that Act is fulfilled; or

   (e)  a person who is not an Australian citizen but who has his or her
        permanent home on Christmas Island;

"prescribed country area" means:

   (a)  an area in a State in respect of which a declaration under subsection
        34 (1) is in force; or

   (b)  an area that was, immediately before the commencing day, a prescribed
        country area under the former Act and that the Minister has not
        declared to be no longer such an area;

"program of ethnic education" means a program of instruction that is provided
on a part-time basis the purpose of which is to teach students a language
(other than English) that is the first language of Aborigines or of people who
have migrated to Australia, whether that program is provided alone or with
instruction in the culture of those people, but does not include a program in
which political or religious instruction is predominant;

"program year" means the period of 12 months commencing on 1 January 1989, 1
January 1990, 1 January 1991 or 1 January 1992;

"recurrent expenditure" means expenditure relating to the ongoing operating
costs of schools;

"residential institution" means an institution or home in a State that
provides residential care for children and is conducted for welfare,
correction, rehabilitation or similar purposes, being an institution or home:

   (a)  that the Minister, having regard to any advice given to the Minister
        by the State Minister for the State in which the institution or home
        is situated, declares, in writing, to be a residential institution for
        the purposes of this Act; or

   (b)  that was a residential institution under the former Act immediately
        before the commencing day and that the Minister has not declared not
        to be such an institution for the purposes of this Act;

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

"school in need of short-term emergency assistance", in relation to a
program year, means a non-government school:

   (a)  that the Minister is satisfied is, because of any unexpected
        circumstance, in special need of short-term emergency assistance in
        that year; and

   (b)  that is declared by the Minister by determination in writing to be
        such a school in relation to that year;

"schools census day", in relation to a program year in relation to a State,
means the day in that year, being a day as close as possible to 1 July in that
year, that the State Minister advises the Minister is the schools census day
for that State for that year;

"school serving a predominantly Aboriginal community" means a school that, in
the opinion of the Minister, serves a community constituted predominantly by
Aborigines or Torres Strait Islanders;

"special education" means education under special programs designed
specifically for children with disabilities;

"special school" means a school in a State that:

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

   (b)  that provides special education;

"State" includes the Northern Territory;

"State Minister" means:

   (a)  in relation to a State-the Minister of the Crown of the State who is
        responsible, or primarily responsible, for education matters in the
        State; or

   (b)  in relation to the Northern Territory-the Minister of the Northern
        Territory who is responsible, or primarily responsible, for education
        matters in the Northern Territory;

"student", in relation to a program of ethnic education approved under section
32 in a program year, means a permanent resident who:

   (a)  is undertaking, either on a full-time or part-time basis, primary
        education or secondary education at a school; or

   (b)  not being a person who has attained, or will, before 1 January in the
        year following that year, attain, the age of 20 years, is undertaking,
        either on a full-time or part-time basis, technical and further
        education within the meaning of the
        Employment, Education and Training Act 1988;

"systemic disadvantaged school" means a systemic school in respect of which a
declaration under subsection 27 (1) is in force;

"systemic school" means a non-government school:

   (a)  that is included in an approved school system; and

   (b)  that is included in the list as a systemic school.

(2) The Minister may, from time to time, by determination in writing, specify:
(a) in respect of a level, or a combination of levels, at which education is
provided by schools generally, or by schools included in a specified class of
schools; or

   (b)  in respect of special schools; a number of students to be the minimum
        acceptable number of students for the purposes of this Act.

(3) The Minister shall cause a copy of each determination under subsection (2)
to be published in the Gazette as soon as practicable after the determination
is made.

(4) For the purposes of this Act, a capital project carried out for purposes
connected with a school, an approved education centre or the education of
certain students shall be treated as a capital project notwithstanding that it
is also carried out for other educational purposes or for community purposes.

(5) For the purposes of this Act, where an object of a project, program or
expenditure is to secure the adequate advancement of persons of one sex who
require special assistance in order to ensure equal opportunity with persons
of the other sex in education or training, the benefits of, or the
opportunities created by, the project, program or expenditure shall be taken
to be equally available to males and females.

(6) Where the Minister is empowered to specify in the list a maximum number of
students eligible for general recurrent funding in relation to a school, or in
relation to a location in respect of which the school is included in the list,
the Minister may specify in the list in relation to the school or the location
any one or more of the following:

   (a)  a maximum number of primary students;

   (b)  a maximum number of junior secondary students;

   (c)  a maximum number of senior secondary students;

   (d)  a maximum number of special students.

(7) Where a determination relating to the maximum number of primary, junior
secondary, senior secondary or special students eligible for general recurrent
funding in respect of the whole of a school that is included in the list in
respect of 2 or more locations is in force, the Minister shall not determine a
maximum number of primary, junior secondary, senior secondary or special
students eligible for general recurrent funding, as the case may be, in
relation to a location in respect of which the school is included in the list.

(8) Where a determination relating to the maximum number of primary, junior
secondary, senior secondary or special students eligible for general recurrent
funding in respect of a location in respect of which a school is included in
the list is in force, the Minister shall not determine a maximum number of
primary, junior secondary, senior secondary or special students eligible for
general recurrent funding, as the case may be, in relation to the whole
school.

(9) A school shall not be taken to have changed its location or part of its
location if:

   (a)  the whole or part of the school is relocated to a site adjacent to the
        site at which the school, or the part of the school, as the case may
        be, provided education before the relocation; and

   (b)  education at the new location is provided at the same levels at which
        it was provided at the school or at the part of the school, as the
        case may be, before the change.

(10) Full fee paying private overseas secondary students shall be disregarded
for the purposes of this Act.