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STATES GRANTS (PRIMARY AND SECONDARY EDUCATION ASSISTANCE) ACT 2000 - SECT 4

Definitions

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

"adjusted primary distance education amount" has the meaning given by subsection 62(2).

"adjusted secondary distance education amount" has the meaning given by subsection 63(2).

"adjusted SES primary amount" has the meaning given by subsection 59(7).

"adjusted SES secondary amount" has the meaning given by subsection 60(7).

adjusted year 2000 primary amount , for a school for a program year, means:

(a)
if the school has a year 2000 funding level—the amount in the table in Part 3 of Schedule 4 for the program year and the school's year 2000 funding level; or

(b)
if the school is a special school—the amount in the table in Part 3 of Schedule 4 for the program year and the highest percentage of AGSRC in the table.

adjusted year 2000 secondary amount , for a school for a program year, means:

(a)
if the school has a year 2000 funding level—the amount in the table in Part 4 of Schedule 4 for the program year and the school's year 2000 funding level; or

(b)
if the school is a special school—the amount in the table in Part 4 of Schedule 4 for the program year and the highest percentage of AGSRC in the table.

"AGSRC", for primary education for a program year, means:

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

(b)
if regulations are made for the purposes of subsection 102(1) for primary education for the program year—the amount in the regulations for that year.

"AGSRC", for secondary education for a program year, means:

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

(b)
if regulations are made for the purposes of subsection 102(1) for secondary education for the program year—the amount in the regulations for that year.

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

"approved Catholic school system" means a school system:

(a)
that is included in the list of approved school systems kept under section 34; and

(b)
for which the relevant authority is a Catholic education authority.

"approved school system" means a school system that is included in the list of approved school systems kept under section 34.

"authorised person" has the meaning given by subsection 14(4).

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

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

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

(a)
investigating the need for:

(i)
schools, government rural student hostels or non-government rural student hostels in particular areas; or
(ii)
schools, government rural student hostels or non-government rural student hostels of particular kinds in particular areas; or
(iii)
buildings, parts of buildings, other facilities or equipment;
(b)
purchasing land, with or without buildings or parts of buildings;

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

(d)
developing or preparing land for building or other purposes;

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

(f)
installing or upgrading water, electricity or any other services;

(g)
providing equipment, including information technology equipment;

(h)
providing furniture;

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

(j)
payment to a block grant authority for its administrative expenses.

"child with disabilities" means a child for whom a disability assessment has been made and to whom one of the following paragraphs applies:

(a)
if the child is of school age:

(i)
his or her attendance at a school, a government centre or a non-government centre is not appropriate because of his or her disabilities; or
(ii)
although attending a school, a government centre or a non-government centre, the child is unable (because of his or her disabilities) to receive a substantial part of the benefits ordinarily available to children enrolled there;
(b)
if the child has not reached school age, it is likely that, on reaching that age:

(i)
his or her attendance at a school, a government centre or a non-government centre would not be appropriate because of his or her disabilities; or
(ii)
if he or she attended a school, a government centre or a non-government centre, the child would be unable (because of his or her disabilities) to receive a substantial part of the benefits ordinarily available to children enrolled there.
"disability assessment", for a child or a student, means an assessment, by a person with relevant qualifications, that the child or student has an intellectual impairment, a sensory impairment, a physical impairment, a social impairment, an emotional impairment or more than one of those impairments to a degree that:

(a)
for a child of school age or a student—satisfies the criteria for enrolment in special education services, or special education programs, provided by the Government of the State in which the child or student resides; or

(b)
for a child who is not of school age—would satisfy those criteria if the child had reached that age.

education in English as a second language for eligible new arrivals has the meaning given by subsection 99(3).

"eligible new arrival "has the meaning given by subsection 99(3).

"ESL course" has the meaning given by subsection 99(3).

"ESL new arrivals amount", for a program year, means the amount in Part 3 of Schedule 8 for the program year.

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

"funding level" has the meaning given by section 5.

"government centre" has the meaning given by subsection 77(3).

"government educational institution" has the meaning given by subsection 90(3).

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

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

"level of education" means a thing determined under section 6.

"list of approved school systems" means the list of approved school systems kept under section 34.

"list of non-government schools" means the list of non-government schools kept under section 33.

"location proposal" has the meaning given by subsection 45(2).

"new school proposal" has the meaning given by subsection 45(4).

"nominated authority" means a body nominated under section 10.

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

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

(b)
for the purposes of grants under section 73 for projects in connection with non-government rural student hostels—includes a local government body.

"non-government centre" has the meaning given by subsection 87(2).

"non-government rural student hostel" means a hostel:

(a)
that is in a State; and

(b)
that is conducted by a non-government body; and

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

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

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

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

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

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

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

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

number of primary students in 2000 , for a school, means the number of primary students (within the meaning of section 47 of the former Act) for the 2000 program year (within the meaning of that Act).

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

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

number of secondary students in 2000 , for a school, means the number of secondary students (within the meaning of section 47 of the former Act) for the 2000 program year (within the meaning of that Act).

"overseas student" has the meaning given by subsection 52(2).

"program year" means:

(a)
the 2001, 2002, 2003 or 2004 calendar year; or

(b)
in relation to capital grants—the 2001, 2002, 2003, 2004, 2005, 2006 or 2007 calendar year.

"program year percentage "means:

(a)
for the 2001 program year—25%; and

(b)
for the 2002 program year—50%; and

(c)
for the 2003 program year—75%; and

(d)
for the 2004 program year—100%.

"public service employee" has the meaning given by subsection 110(4).

"qualified accountant "has the meaning given by subsection 22(2).

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

"relevant authority", for a non-government body, means:

(a)
the approved authority or nominated authority for the body; or

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

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

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

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

"schools census day" means:

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

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

(c)
for a non-systemic school, or an approved school system, in a State, for a program year if:

(i)
paragraphs (a) and (b) do not apply; and
(ii)
the State Minister and the Minister have agreed that a particular day in that year is to be the schools census day for the school or system for that year;
the day so agreed.

"secondary education "means junior secondary education or senior secondary education.

section 18 agreement means an agreement made as mentioned in section 18.

"SES funding level", for a school, means the percentage of AGSRC in column 2 of the table in each of Parts 1 and 2 of Schedule 4 that applies to the school because of a determination under this Act or because of the school's SES score (as appropriate).

"SES primary amount "means:

(a)
for a school (other than a special school)—the amount as at 1 January 2001 in the table in Part 1 of Schedule 4 for the school for the 2001 program year and the school's SES score; or

(b)
for a special school—the amount as at 1 January 2001 in the table in Part 1 of Schedule 4 for the school for the 2001 program year and the SES funding level of 70.0% of AGSRC.

"SES score" has the meaning given by section 7.

"SES secondary amount" means:

(a)
for a school (other than a special school)—the amount as at 1 January 2001 in the table in Part 2 of Schedule 4 for the 2001 program year and the school's SES score; or

(b)
for a special school—the amount as at 1 January 2001 in the table in Part 2 of Schedule 4 for the 2001 program year and the SES funding level of 70.0% of AGSRC.

"special education" means education under special programs, or special activities, designed specifically for children with disabilities and/or students 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)
provides special education.

"State" includes the Australian Capital Territory and the Northern Territory.

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

"student with disabilities" means a student:

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

(b)
in respect of whom a disability assessment has been made.

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

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

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

"total SES funding amount", for a school, means the amount worked out using the formula:

total year 2000 funding amount , for a school, means the amount worked out using the formula:

year 2000 funding level has the meaning given by section 8.

year 2000 primary amount means:

(a)
for a non-systemic school (other than a special school)—the Part 1 amount (within the meaning of subsection 47(2) of the former Act) for the school immediately before 1 January 2001; or

(b)
for a school (other than a special school) that was in an approved school system (within the meaning of that Act) immediately before 1 January 2001—the Part 1 amount (within the meaning of subsection 47(2) of that Act) for the system then; or

(c)
for a school that was a special school immediately before 1 January 2001—the amount in the table in Part 3 of Schedule 4 on 1 January 2001 for the 2001 program year and the highest percentage of AGSRC in the table.

Note: The Part 1 amount may have been affected by subsection 101(3) of the former Act.

year 2000 secondary amount means:

(a)
for a non-systemic school (other than a special school)—the Part 2 amount (within the meaning of subsection 47(2) of the former Act) for the school immediately before 1 January 2001; or

(b)
for a school (other than a special school) that was in an approved school system (within the meaning of that Act) immediately before 1 January 2001—the Part 2 amount (within the meaning of subsection 47(2) of that Act) for the system then; or

(c)
for a school that was a special school immediately before 1 January 2001—the amount in the table in Part 4 of Schedule 4 on 1 January 2001 for the 2001 program year and the highest percentage of AGSRC in the table.

Note: The Part 2 amount may have been affected by subsection 101(4) of the former Act.

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

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

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

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

(a)
the student does not reside in the State; or

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

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


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