Australian Education Regulation 2013 (Cth)
Australian Education Regulation 2013
Select Legislative Instrument No. 195, 2013
made under the
Australian Education Act 2013
Compilation No. 25
Compilation date: 22 June 2023
Includes amendments up to: F2023L00824
Registered: 24 June 2023
About this compilation
This compilation
This is a compilation of the Australian Education Regulation 2013 that shows the text of the law as amended and in force on 22 June 2023 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1—Preliminary 1
Division 1—Preliminary 1
1............ Name of regulation............................................................................. 1
3............ Authority............................................................................................ 1
4............ Definitions.......................................................................................... 1
5............ Meanings of census day and census reference period....................... 5
Division 2—Interpretation 7
Subdivision A—Overseas students 7
6............ Overseas students............................................................................... 7
Subdivision AA—SRS indexation factor 7
6A......... SRS indexation factor......................................................................... 7
Subdivision B—Levels of education 7
7............ Levels of education that constitute primary and secondary education for schools other than special schools.................................................................................... 7
9............ Levels of education that constitute primary education and secondary education for special schools................................................................................................ 7
Subdivision C—Census day enrolment 8
9A......... Government schools........................................................................... 8
9B......... Non‑government schools.................................................................... 8
Part 2—Grants of financial assistance to States and Territories 10
10A....... Starting State‑Territory shares.......................................................... 10
11.......... Condition of financial assistance—recovering amounts.................. 10
12.......... Pro‑rating of recurrent funding......................................................... 11
Part 3—Recurrent funding for schools 13
Division 1—Matters related to the funding formula 13
14.......... ARIA index value............................................................................. 13
16.......... Definition of Aboriginal and Torres Strait Islander student........... 13
16AA.... Base amounts for schools................................................................. 13
17.......... Disability loading—disability loading percentages......................... 13
17A....... Disability loading—levels of adjustment......................................... 15
18.......... Other loadings.................................................................................. 15
Division 1A—Commonwealth share for non‑government schools for transition years for the schools 18
19.......... Transition years for non‑government schools.................................. 18
19A....... Commonwealth share for non‑government schools worked out using the notional starting share for 2019................................................................................... 18
19B....... Commonwealth share for non‑government schools worked out using the notional starting share for 2020................................................................................... 19
19C....... Commonwealth share for non‑government schools worked out using the notional starting share for 2021................................................................................... 20
19D....... Commonwealth share for new non‑government schools................. 20
19E........ Notional starting share for non‑government schools....................... 21
19F........ CTC‑adjusted SRS amount.............................................................. 21
19G....... Notional funding amount.................................................................. 21
Division 2—CTC score 23
21.......... CTC score......................................................................................... 23
22.......... Average DMI score.......................................................................... 23
23.......... Refined area based score.................................................................. 24
24.......... SES score.......................................................................................... 25
24AAA. Publication of CTC score if determined other than in accordance with this regulation 27
Part 4—Capital and other funding 28
Division 1—Capital funding 28
24AA.... Base assistance amount.................................................................... 28
24A....... Indexation percentage....................................................................... 28
24B....... Indexes of building prices and wage costs....................................... 28
Division 2—Special circumstances funding 29
25.......... Special circumstances funding......................................................... 29
Division 3—Funding in prescribed circumstances 30
25A....... Funding in prescribed circumstances............................................... 30
Division 4—Funding for non‑government representative bodies 31
25B....... Funding for non‑government representative bodies......................... 31
Part 5—Approved authorities and bodies 32
Division 1—Basic requirements for authorities and bodies 32
26.......... Not‑for‑profit requirement............................................................... 32
27.......... Financial viability requirement........................................................ 32
28.......... Fit and proper person requirement................................................... 33
Division 2—Ongoing policy and funding requirements for authorities and bodies 34
Subdivision A—Spending, or committing to spend, financial assistance 34
29.......... Approved authorities........................................................................ 34
30.......... Block grant authorities..................................................................... 35
31.......... Non‑government representative bodies............................................ 36
Subdivision B—Monitoring compliance of authorities and bodies 37
32.......... Application of this Subdivision........................................................ 37
33.......... Minister may appoint authorised persons......................................... 37
34.......... Certificate to be given to Secretary.................................................. 37
35.......... Requirement relating to financial assistance and financial operations—government schools.......................................................................................................... 38
36.......... Requirement relating to financial assistance and financial operations—non‑government schools.............................................................................................. 39
37.......... Requirement to keep records............................................................ 41
38.......... Requirement for authorities or bodies for non‑government schools to prepare and audit financial statements.......................................................................... 41
39.......... Requirements for access to records and premises............................ 41
39A....... Requirement to provide information and records............................. 42
40.......... Requirement to keep Minister informed.......................................... 42
Division 3—Ongoing policy requirements for approved authorities 44
Subdivision B—Implementing a curriculum 44
42.......... Implementing a curriculum.............................................................. 44
Subdivision C—National Assessment Program 44
43.......... Student assessments......................................................................... 44
Subdivision E—Information relating to a school’s census 46
46.......... Providing information about a school’s census................................ 46
47.......... Government schools—information about the schools..................... 46
48.......... Government schools—information about students.......................... 47
49.......... Non‑government schools—information about the school................ 47
50.......... Non‑government schools—information about students................... 48
Subdivision F—Information for the purposes of a national program to collect data on schools and school education 48
52.......... Information for the purposes of a national program to collect data on schools and school education.......................................................................................... 48
53.......... Required information—performance measures............................... 49
54.......... Form of information—performance measures................................. 51
55.......... Required information—general information.................................... 52
56.......... Required information—information about a school’s students....... 53
57.......... Required information—secondary schools and combined schools.. 53
58.......... Form of information—information required under sections 55 to 57 54
58A....... Required information—students with disability.............................. 54
58B....... Required information—information about students at certain schools 55
Subdivision G—Reports to persons responsible for students at a school 55
59.......... Student reports.................................................................................. 55
Subdivision H—Making information publicly available annually 56
60.......... Making information publicly available annually............................. 56
Division 4—Ongoing policy requirements for block grant authorities and non‑government representative bodies 58
62.......... Information to the public about financial assistance........................ 58
Division 5—Former approved authorities and bodies 59
62A....... Continuing requirements.................................................................. 59
Part 6—Actions Minister may take for failure to comply with the Act or this regulation, and to require amounts to be repaid 60
63.......... Limits on recovery of overpayments, recoverable payments and other unpaid amounts 60
64.......... Recovering capital funding when a school ceases to provide education 60
Part 7—Miscellaneous 62
65.......... Using or disclosing school education information........................... 62
66.......... Giving notice to persons of proposed decisions............................... 62
Part 8—Application and transitional provisions 64
67.......... Application provisions for the Australian Education Amendment (2014 Measures No. 1) Regulation 2014............................................................................... 64
68.......... Application provisions for the Australian Education Amendment (2015 Measures No. 1) Regulation 2015............................................................................... 64
69.......... Application provision for the Australian Education Amendment (2016 Measures No. 2) Regulation 2016............................................................................... 65
70.......... Application provisions for the Australian Education Amendment (2016 Measures No. 3) Regulation 2016............................................................................... 66
71.......... Application provisions for the Australian Education Amendment (2017 Measures No. 2) Regulations 2017.............................................................................. 66
72.......... Application provision for the Australian Education Amendment (2017 Measures No. 3) Regulations 2017.............................................................................. 67
73.......... Application provisions for the Australian Education Amendment (2018 Measures No. 3) Regulations 2018.............................................................................. 67
74.......... Application provisions for the Australian Education Amendment (2019 Measures No. 1) Regulations 2019.............................................................................. 67
75.......... Application provision for the Australian Education Amendment (2020 Measures No. 1) Regulations 2020.............................................................................. 67
76.......... Application provision for the Australian Education Amendment (South Australia Year 7 Schools) Regulations 2021............................................................... 68
77.......... Application provision for the Australian Education Amendment (2022 School Commonwealth Share Adjustment) Regulations 2022..................... 68
Schedule 1—Funding in prescribed circumstances 69
Part 1—Additional support for Northern Territory government schools 69
1............ Circumstances.................................................................................. 69
2............ Amounts payable.............................................................................. 69
3............ Purpose for which funding is spent or committed to be spent......... 69
Part 2—Additional financial assistance and adjustment funding for non‑government schools 70
Division 1—Additional financial assistance for low‑growth non‑government schools for 2018 70
4............ Circumstances.................................................................................. 70
5............ Amounts payable.............................................................................. 70
6............ Purpose for which funding is spent or committed to be spent......... 71
Division 2—Adjustment funding for low‑growth non‑government schools for 2019 72
7............ Circumstances.................................................................................. 72
8............ Total amount payable....................................................................... 72
9............ Matters that Minister may have regard to........................................ 72
10.......... Purpose for which funding is spent or committed to be spent......... 72
Part 3—Adjustment assistance for ACT non‑government schools 74
11.......... Circumstances.................................................................................. 74
12.......... Amounts payable.............................................................................. 74
13.......... Purpose for which funding is spent or committed to be spent......... 74
Part 4—Additional financial assistance for system weighted average SES schools for 2018 75
14.......... Circumstances.................................................................................. 75
15.......... Amounts payable.............................................................................. 75
16.......... Purpose for which funding is spent or committed to be spent......... 75
Part 5—Financial assistance certainty for non‑government schools 77
Division 1—Additional financial assistance for non‑government schools of approved system authorities (system weighted benefit) for 2019 77
17.......... Circumstances.................................................................................. 77
18.......... Total amount payable....................................................................... 77
19.......... Purpose for which funding is spent or committed to be spent......... 77
Division 2—Additional financial assistance for non‑government schools (2016 census data arrangements) for 2019 79
20.......... Circumstances.................................................................................. 79
21.......... Total amount payable....................................................................... 79
22.......... Purpose for which funding is spent or committed to be spent......... 79
Part 6—Local Schools Community Fund 80
23.......... Circumstances.................................................................................. 80
24.......... Total amount payable....................................................................... 80
25.......... Purpose for which funding is spent or committed to be spent......... 80
Part 8—Schools Upgrade Fund 81
Division 1—Targeted Round School Upgrades 81
30.......... Circumstances.................................................................................. 81
31.......... Total amount payable....................................................................... 81
32.......... Ongoing funding requirements......................................................... 81
33.......... Providing information about financial assistance under this Division 81
Division 2—Open Round School Upgrades 83
34.......... Circumstances.................................................................................. 83
35.......... Total amount payable....................................................................... 83
36.......... Ongoing funding requirements......................................................... 83
37.......... Providing information about financial assistance under this Division 83
Part 9—Adjustment funding for highly disadvantaged independent school students 85
38.......... Circumstances.................................................................................. 85
39.......... Amounts payable.............................................................................. 85
40.......... Purpose for which funding is spent or committed to be spent......... 86
Schedule 2—Per‑student amounts for 2017 for certain schools 87
1............ Per‑student amounts for 2017 for certain schools............................ 87
Schedule 3—Adjustment funding for highly disadvantaged independent school students 92
1............ Schools and base adjustment amounts............................................. 92
Endnotes98
Endnote 1—About the endnotes 98
Endnote 2—Abbreviation key 99
Endnote 3—Legislation history 100
Endnote 4—Amendment history 103
Part 1—Preliminary
Division 1—Preliminary
1Name of regulation
This regulation is the Australian Education Regulation 2013.
3Authority
This regulation is made under the Australian Education Act 2013.
4Definitions
(1)In this regulation:
2011 SES score has the meaning given by subsection 24(1).
2016 SES score has the meaning given by subsection 24(4).
2023 transition period for a transition year means the number of years from the transition year to 2023 (not including the transition year).
Example:If the transition year is 2020, the number of years from the transition year to 2023 is 3. If the transition year is 2023, the number of years from the transition year to 2023 is 0.
2029 transition period for a transition year means the number of years from the transition year to 2029 (not including the transition year).
Example:If the transition year is 2024, the number of years from the transition year to 2029 is 5. If the transition year is 2029, the number of years from the transition year to 2029 is 0.
ACARA (short for Australian Curriculum, Assessment and Reporting Authority) means the authority established by section 5 of the Australian Curriculum, Assessment and Reporting Authority Act 2008.
Act means the Australian Education Act 2013.
attendance rate, for students at a school, means a percentage representing the total number of full‑time equivalent days the students attended the school to receive primary education or secondary education, divided by the number of full‑time equivalent days the students at the school could have received primary education or secondary education.
Note:Only certain students are taken into account for the purposes of this definition (see subsection (2)).
Australian Accounting Standards means the accounting standards issued or adopted by the Australian Accounting Standards Board, as in force from time to time.
Australian Auditing Standards means the auditing standards issued or adopted by the Auditing and Assurance Standards Board, as in force from time to time.
Australian Professional Standards for Teachers means the standards of that name issued by the Australian Institute for Teaching and School Leadership Limited.
Note:In 2013, the Australian Professional Standards for Teachers was accessible at
Australian Statistical Geography Standard means the geographical framework of that name published by the Australian Bureau of Statistics from time to time.
Note:In 2013, the Australian Statistical Geography Standard was accessible at
authorised person means a person authorised, in writing, by the Minister under section 33.
average DMI score has the meaning given by subsection 22(1).
basis of a school’s CTC score for a year means whichever of the following is the basis of the number that is the CTC score for the school for the year:
(a)the average DMI score;
(b)the 2016 SES score;
(c)the 2011 SES score;
(ca)the refined area based score;
(d)a determination made by the Minister other than in accordance with this regulation for the reason mentioned in subsection 52(4) of the Act.
Note:The basis of a school’s CTC score is the same in successive years if the number that is the school’s CTC score is determined on the same basis for each of those years. The number itself need not be the same each year. For example, the basis of a school’s CTC score for 2021 is the same as in 2020 if in both years the basis of the CTC score was a determination made by the Minister other than in accordance with this regulation for the reason mentioned in subsection 52(4) of the Act.
capital funding amount has the meaning given by subsection 64(1).
Capital Grants Program Guidelines means the Capital Grants Program Guidelines issued by the Department, as in force from time to time.
Note:The Capital Grants Program Guidelines could in 2018 be viewed on the Department’s website (
census day has the meaning given by subsection 5(1).
census day enrolment:
(a)for a government school—has the meaning given by subsection 9A(1); or
(b)for a non‑government school—has the meaning given by subsection 9B(1).
census reference period has the meaning given by subsection 5(6).
Choice and Affordability Fund Guidelines means the Choice and Affordability Fund Guidelines issued by the Department, as in force from time to time.
Note:The Choice and Affordability Fund Guidelines could in 2020 be viewed on the Department’s website (
commit to spend, for an approved authority, block grant authority or non‑government representative body and in relation to financial assistance payable to the authority or body under the Act, includes the authority or body committing to spend financial assistance in circumstances where:
(a)either:
(i)the authority or body has entered into a legal arrangement under which the authority or body will be liable to pay an amount; or
(ii)an amount will become due or payable under a liability under a law of the Commonwealth, a State or a Territory that the authority or body is required to meet; and
(b)the time for paying the amount has not yet arisen; and
(c)the authority or body sets aside all, or part of, the financial assistance to pay the amount.
CTC‑adjusted SRS amount for the school for the year has the meaning given by section 19F.
Data Standards Manual: Student Background Characteristics means the Data Standards Manual: Student Background Characteristics, issued by ACARA, as in force from time to time.
Note:The Data Standards Manual: Student Background Characteristics could in 2015 be viewed on ACARA’s website (
DMI methodology document means the Direct Measure of Income Methodology Document issued by the Department, as in force from time to time.
Note:The DMI methodology document could in 2020 be viewed on the Department’s website (
DMI score (short for direct measure of income score) has the meaning given by subsection 22(4).
first funding year for a school means the year for which the Minister first makes a determination under section 25 of the Act for the school.
foundation means the year of schooling immediately before year 1.
ICT means Information and Communications Technology.
key individual: an individual is a key individual of an approved authority, a block grant authority or a non‑government representative body if the individual:
(a)is an officer, of the authority or body, within the meaning of section 9 of the Corporations Act 2001; or
(b)is responsible for executive decisions of the authority or body; or
(c)is concerned with, or takes part in, the management of the authority or body; or
(d)manages or supervises the provision of school education for the authority or body under an arrangement with the authority or body.
language conventions means spelling, grammar and punctuation.
Local Schools Community Fund Guidelines means the Local Schools Community Fund Guidelines issued by the Department, as in force from time to time.
Note:The Local Schools Community Fund Guidelines could in 2019 be viewed on the Department’s website (
Ministerial Council disability guidelines, for a year, means the guidelines for the Nationally Consistent Collection of Data on School Students with Disability approved by the Ministerial Council for the year.
NAP means the National Assessment Program.
NAPLAN Online Data Extract Dictionary means the NAPLAN Online Data Extract Dictionary, issued by ACARA, as in force from time to time.
Note:The NAPLAN Online Data Extract Dictionary could in 2018 be viewed on ACARA’s website (
National Schools Statistics Collection means the national collection of information on schools undertaken in accordance with the NSSC Collection Manual.
Non‑Government Reform Support Fund Guidelines means the Non‑Government Reform Support Fund Guidelines issued by the Department, as in force from time to time.
Note:The Non‑Government Reform Support Fund Guidelines could in 2018 be viewed on the Department’s website (
notional funding amount for the school for the year has the meaning given by section 19G.
notional starting share has the meaning given by section 19E.
NSSC Collection Manual means the National Schools Statistics Collection‑Collection Manual:
(a)issued by the Australian Bureau of Statistics; and
(b)as in force from time to time.
PIRLS means the Progress in International Reading Literacy Study.
PISA means the Programme for International Student Assessment.
record includes an account or a document.
refined area based score has the meaning given by subsection 23(2).
reporting period has the meaning given by subsection 52(4).
selected student means a student selected in a sample.
SES dimension means each of the following dimensions:
(a)the education dimension;
(b)the family income dimension;
(c)the household income dimension;
(d)the occupation dimension.
statement of student addresses, for a school, means:
(a)a statement provided in relation to the school that contains the information in paragraph 58B(2)(aa), so far as the statement relates to students who are not distance education students; or
(b)a statement provided in relation to the school in accordance with section 21 as in force before the commencement of the Australian Education Amendment (2020 Measures No. 1) Regulations 2020.
Statistical Area Level 1 means an area designated by the Australian Bureau of Statistics as a Statistical Area Level 1 as mentioned in the Australian Statistical Geography Standard.
student with disability, for a year, means a student about whom information must be provided, as specified in the Ministerial Council disability guidelines for the year.
TIMSS means the Trends in International Mathematics and Science Study.
ungraded primary or secondary student means a student at a special school who receives primary education or secondary education at a level of education that constitutes primary education or secondary education (as the case requires) for the school under section 15 of the Act.
(2)For the purposes of the definition of attendance rate in subsection (1), a student may be taken into account for a reporting period only if the student is:
(a)a full‑time student who is:
(i)in any of years 1 to 10; or
(ii)an ungraded primary or secondary student; and
(b)enrolled for any part of the reporting period.
5Meanings of census day and census reference period
(1)The census day for a non‑government school for a year is the day determined in writing by the Minister.
Determining the census day
(2)The Minister may determine, in writing, that a particular day in a year is the school’s census day for the year.
(3)The Minister must not determine a day to be a school’s census day for a year less than 10 weeks before the day unless the Minister is satisfied that special circumstances justify determining that day. If the Minister is so satisfied, the Minister may determine any day, including a past day.
Notifying census day
(4)The Minister must:
(a)notify the approved authority for a school of the school’s census day for a year; and
(b)do so in a way that makes it reasonably likely the approved authority will become aware of the census day.
Example:A census day could be published on a website that the approved authority is likely to access regularly.
(5)The notification must be given at least 10 weeks before the census day. If the Minister determines a day under subsection (3) because of special circumstances, the notification must be given as soon as practicable.
Meaning of census reference period
(6)The census reference period for a non‑government school for a year is the period of 20 school days for the school that ends at the end of the census day for the school for the year.
Note:A public holiday is not a school day.
Division 2—Interpretation
Subdivision A—Overseas students
6Overseas students
For paragraph (b) of the definition of overseas student in section 6 of the Act, the following persons are excluded from being an overseas student:
(a)a dependant of a person who is receiving a sponsorship or a scholarship for the purpose of undertaking a course provided by an institution in Australia that:
(i)is a Table A provider or a Table B provider (within the meaning of the Higher Education Support Act 2003); and
(ii)is meeting the full cost of the education component of the course;
(b)a person who is undertaking a course of study provided by an institution or body in Australia under a Student Exchange Program registered by the relevant education authority in the State or Territory where the person is undertaking the Program;
(c)a person, or a dependant of a person, who is receiving a sponsorship or a scholarship from the Commonwealth for the purpose of undertaking a course provided by an institution or other body or person in Australia.
Subdivision AA—SRS indexation factor
6ASRS indexation factor
For the purposes of subsection 11A(5) of the Act, the SRS indexation factor for 2019 and 2020 is 1.0356.
Subdivision B—Levels of education
7Levels of education that constitute primary and secondary education for schools other than special schools
(1)For the purposes of section 15 of the Act, the levels of education that constitute primary education for a school, other than a special school, are foundation to year 6.
(2)For the purposes of section 15 of the Act, the levels of education that constitute secondary education for a school, other than a special school, are years 7 to 12.
9 Levels of education that constitute primary education and secondary education for special schools
(1) For section 15 of the Act, the level of education that constitutes primary education for a special school is the education provided to students aged 4 to 11 at the school.
(2) For section 15 of the Act, the level of education that constitutes secondary education for a special school is the education provided to students aged 12 to 21 at the school.
Subdivision C—Census day enrolment
9A Government schools
(1) For the purposes of section 16 of the Act, the number of students at a government school (the school’s census day enrolment) for a year is the number of primary and secondary students at the school who are to be included in the National Schools Statistics Collection for the year.
Counting part‑time students
(2) For the purposes of working out a census day enrolment for a government school, a student who is not undertaking a full‑time study load is to be counted as the fraction of the full‑time study load which the student is undertaking.
9B Non‑government schools
(1) For the purposes of section 16 of the Act, the number of students at a non‑government school (the school’s census day enrolment) for a year is the number of primary and secondary students:
(a) who are enrolled at the school on the census day for the school for the year; and
(b) whose enrolment is for education at a level specified for the school in the approval of the approved authority for the school; and
(c) who have a pattern of regular attendance at the school, or at school generally, during the year; and
(d) whose attendance is, for at least one day during the census reference period for the school for the year:
(i) at a location specified for the school in the approval of the approved authority for the school; or
(ii) as a distance education student.
Counting part‑time students
(2) For the purposes of working out a census day enrolment for a non‑government school, a student who is not undertaking a full‑time study load is to be counted as the fraction of the full‑time study load which the student is undertaking.
Minister may determine that a person be included
(3) The Minister may, in writing, determine that a person who does not meet the requirements set out in paragraphs (1)(c) and (d) is to be included in a non‑government school’s census day enrolment as a primary student or secondary student (including as a part‑time student) if the Minister is satisfied that special circumstances justify the determination.
(4) In making a determination under subsection (3), the Minister must have regard to the following:
(a) the period or periods of attendance by the person at the school, or at school generally, during the year;
(b) the pattern of attendance by the person at the school, or at school generally, during the year;
(c) whether the person is or will be included in the census day enrolment of another school for the year;
(d) for any period of non‑attendance by the person—the steps taken by the school to engage the person in the relevant level of education;
(e) any other matter the Minister considers relevant.
(5) A determination under subsection (3) may be made:
(a) on the Minister’s own initiative; or
(b) on application by the approved authority for the school.
Note: For rules relating to applications, see Division 2 of Part 9 of the Act.
(6) An application by an approved authority for a school for a determination under subsection (3) that relates to a year must be made within:
(a) 14 days of the school’s census day for the year; or
(b) if the Minister allows a longer period (whether before or after the period referred to in paragraph (a))—that longer period.
(7) For the purposes of subsection 118(2) of the Act, a determination under subsection (3) is a reviewable decision, and the relevant person for the reviewable decision is the approved authority for the school concerned.
Part 2—Grants of financial assistance to States and Territories
10A Starting State‑Territory shares
(1) This section is made for the purposes of the definition of starting State‑Territory share in subsection 22A(3) of the Act.
(2) The starting State‑Territory share for the purposes of working out the State‑Territory share for a State or Territory for 2018 and each later year is:
(a) for government schools in a State or Territory specified in column 1 of an item in the following table—the percentage specified in column 2 of the item; and
(b) for non‑government schools in a State or Territory specified in column 1 of an item in the following table—the percentage specified in column 3 of the item.
| Starting State‑Territory shares for 2018 and each later year | |||
| Item |
Column 1 State or Territory |
Column 2 Starting State‑Territory share for government schools |
Column 3 Starting State‑Territory share for non‑government schools |
| 1 | New South Wales | 70.73% | 25.29% |
| 2 | Victoria | 67.80% | 19.70% |
| 3 | Queensland | 65.90% | 23.80% |
| 4 | Western Australia | 84.43% | 26.30% |
| 5 | South Australia | 75.00% | 19.72% |
| 6 | Tasmania | 72.93% | 21.50% |
| 7 | Australian Capital Territory | 92.11% | 36.97% |
| 8 | Northern Territory | 54.40% | 15.09% |
11 Condition of financial assistance—recovering amounts
(1) For section 24 of the Act, if the Minister makes a determination under paragraph 110(1)(a) of the Act that a State or Territory pay to the Commonwealth a specified amount, the State or Territory must (subject to subsection (6)) pay the amount by the time specified in the determination.
Assigning rights of recovery to the Commonwealth or recovering debts
(2) A State or Territory must ensure that there is in force an arrangement (whether by or under a law, or otherwise) that complies with subsection (3) in relation to each approved authority, block grant authority or non‑government representative body to whom the State or Territory may pay an amount of financial assistance in accordance with the Act.
(3) An arrangement in relation to an approved authority, a block grant authority or a non‑government representative body must provide that if:
(a) the Minister makes a determination under paragraph 110(1)(a) of the Act that the State or Territory must pay to the Commonwealth a specified amount; and
(b) the Minister makes the determination as a result of:
(i) non‑compliance or a breach by the authority or body mentioned in section 108 of the Act; or
(ii) a payment mentioned in subsection 109(1), (2) or (4) or paragraph 109(3)(a) of the Act that was paid to the State or Territory for the authority or body;
then the amount mentioned in paragraph (a) of this subsection is a debt due by the authority or body to the State or Territory, and may be recovered by the State or Territory (or another person on behalf of the State or Territory) in a court.
(4) The State or Territory must:
(a) assign to the Commonwealth the right to recover the debt; or
(b) promptly recover the debt from the authority or body.
(5) The Commonwealth must accept the assignment by the State or Territory of the right to recover the debt.
(6) If the State or Territory assigns to the Commonwealth the right to recover the debt due by the authority or body, then:
(a) the debt may be recovered by the Minister, on behalf of the Commonwealth, in a court of competent jurisdiction; and
(b) the debt due by the State or Territory to the Commonwealth that arises under subsection 111(1) of the Act is taken to be extinguished (and the State or Territory is not required to pay the amount to the Commonwealth under subsection (1) of this section).
12 Pro‑rating of recurrent funding
(1) For the purposes of section 27 of the Act, the total entitlement is to be determined in accordance with this section for a year if one or more of the following events occurs during the year:
(a) a school begins to provide primary education or secondary education;
(b) a school becomes entitled to financial assistance under Part 3 of the Act;
(c) a school ceases to provide primary education or secondary education;
(d) a school ceases to be entitled to financial assistance under Part 3 of the Act.
(2) The amount of financial assistance that is to be determined in relation to the school for the year is the lesser of:
(a) the amount the Minister considers appropriate; and
(b) the full amount of financial assistance.
(3) In deciding an appropriate amount for the purposes of paragraph (2)(a), the Minister must have regard to the following:
(a) the proportion of the school year during which the school was providing education or was entitled to financial assistance under Part 3 of the Act;
(b) the time during the school year when the school began or ceased to provide education or be entitled to financial assistance under Part 3 of the Act;
(c) in the case of a school that has ceased to provide education or be entitled to financial assistance under Part 3 of the Act—the amount of any financial assistance that has already been paid for the school for the year in accordance with determinations under subsection 25(1) of the Act.
(4) Subsection (3) does not limit the matters to which the Minister may have regard.
Part 3—Recurrent funding for schools
Division 1—Matters related to the funding formula
14 ARIA index value
For the definition of ARIA index value in section 6 of the Act, a school’s ARIA index value is the average ARIA+ score for the Statistical Area Level 1 in which the school is located.
Note 1: In 2013, the average ARIA+ scores were obtained from the Australian Population and Migration Research Centre. The Australian Population and Migration Research Centre was responsible for the development and dissemination of the ARIA+ (2011) index.
Note 2: The Minister may determine the location of a school with more than one location for the purposes of working out the school’s ARIA index value (see section 18 of the Act).
16 Definition of Aboriginal and Torres Strait Islander student
For the definition of Aboriginal and Torres Strait Islander student in section 6 of the Act, a student is an Aboriginal and Torres Strait Islander student if:
(a) either or both of the following apply:
(i) the student is of Aboriginal descent;
(ii) the student is of Torres Strait Islander descent; and
(b) the student identifies as a person of that descent; and
(c) the student is accepted by the community in which he or she lives as being of that descent.
16AA Base amounts for schools
For the purposes of paragraph 33(4)(b) of the Act, 45% is prescribed.
17 Disability loading—disability loading percentages
(1) For the purposes of subsection 36(5) of the Act, this section prescribes disability loading percentages.
Supplementary disability loading percentage
(2) The supplementary disability loading percentage is:
(a) for a primary school—42%; and
(b) for a secondary school—33%; and
(c) for a combined school—the percentage worked out using the following formula:
Substantial disability loading percentage
(3) The substantial disability loading percentage is:
(a) for a primary school—146%; and
(b) for a secondary school—116%; and
(c) for a combined school—the percentage worked out using the following formula:
Extensive disability loading percentage
(4) The extensive disability loading percentage is:
(a) for a primary school—312%; and
(b) for a secondary school—248%; and
(c) for a combined school—the percentage worked out using the following formula:
Note: The SRS funding amount for a year for a student at a combined school is worked out in accordance with section 34 of the Act.
(5) The primary student extensive adjustment number is the amount worked out using the following formula:
(6) The primary student substantial adjustment number is the amount worked out using the following formula:
(7) The primary student supplementary adjustment number is the amount worked out using the following formula:
(8) The secondary student extensive adjustment number is the number worked out using the following formula:
(9) The secondary student substantial adjustment number is the number worked out using the following formula:
(10) The secondary student supplementary adjustment number is the number worked out using the following formula:
17A Disability loading—levels of adjustment
For the purposes of subsection 36(6) of the Act, a student needs a supplementary level of adjustment, a substantial level of adjustment or an extensive level of adjustment for a year if the student is classified as receiving that level of adjustment in accordance with the Ministerial Council disability guidelines for the year.
Note: References to student in this regulation and in section 36 of the Act do not include references to overseas students: see the definitions of primary student and secondary student in section 6 of the Act.
18 Other loadings
Socio‑educational disadvantage loading—students in quartile 1
(1) For subsection 38(4) of the Act, the number of students at a school for a year who are in quartile 1 is the number worked out using the following formula:
Socio‑educational disadvantage loading—students in quartile 2
(2) For subsection 38(7) of the Act, the number of students at a school for a year who are in quartile 2 is the number worked out using the following formula:
Low English proficiency loading
(3) For subsection 39(2) of the Act, the number of students at a school for a year who have low English proficiency is the number worked out using the following formula:
Definitions
(4) In this section:
ACARA low English proficiency students for the school for the year means the number of students at the school for the year identified by ACARA as disadvantaged language background other than English students.
Note 1: ACARA identifies a student as a disadvantaged language background other than English student if:
(a) ACARA identifies the student as having a language background other than English; and
(b) at least one of the student’s parents completed school education only to year 9 (or equivalent) or below.
Note 2: ACARA uses the definitions in the Data Standards Manual: Student Background Characteristics to determine language background and school education.
ACARA quartile 1 students for the school for the year means the number of students at the school for the year identified by ACARA as being in the lowest Socio‑Educational Advantage quarter.
Note: ACARA identifies a student as being in a quarter by allocating all students in a school to a scale of socio‑educational advantage and segmenting the scale into quarters. Information about socio‑educational advantage could in 2015 be viewed on ACARA’s website (
ACARA quartile 2 students for the school for the year means the number of students at the school for the year identified by ACARA as being in the second lowest Socio‑Educational Advantage quarter.
total ACARA students for the school for the year means the number of students at the school for the year as identified by ACARA.
Note: The total ACARA students for the school for the year may be different from the number of students at the school for the year worked out under section 16 of the Act.
Division 1A—Commonwealth share for non‑government schools for transition years for the schools
19 Transition years for non‑government schools
(1) For the purposes of paragraph (c) of the definition of transition year in section 6 of the Act, the prescribed year is (subject to subsection (2) of this regulation):
(a) for a non‑government school that has a Commonwealth share of 80% for 2023—2023; or
(b) for any other non‑government school—2029.
(2) However, for a non‑government school that has its first funding year for the school in 2022 or later (but no later than 2029), the prescribed year for the school is the first funding year for the school.
19A Commonwealth share for non‑government schools worked out using the notional starting share for 2019
Scope
(1) For the purposes of section 35C of the Act, this section applies to a non‑government school (subject to section 19D of this regulation) for a transition year for the school if:
(a) the transition year is 2020; or
(b) the transition year is 2021 and the basis of the school’s CTC score for 2021 is the same as for 2020; or
(c) the transition year is 2022 and the basis of the school’s CTC score for the school for 2022 is the same as for both 2020 and 2021; or
(d) the transition year is 2023 or later and this section applied to the school in 2022.
Notional starting share is less than or equal to 80%
(2) If the notional starting share for the school for 2019 is less than or equal to 80% (which is the Commonwealth share for a non‑government school under paragraph 35A(b) of the Act), the Commonwealth share for the school for the transition year is the percentage worked out using the following formula:
Note: If a non‑government school’s Commonwealth share in 2023 is 80%, this is also its last transition year: see paragraph 19(1)(a).
Notional starting share is greater than 80%
(3) If the notional starting share for the school for 2019 is greater than 80% (which is the Commonwealth share for a non‑government school under paragraph 35A(b) of the Act), the Commonwealth share for the school for the transition year is the percentage worked out using the following formula:
19B Commonwealth share for non‑government schools worked out using the notional starting share for 2020
Scope
(1) For the purposes of section 35C of the Act, this section applies to a non‑government school (subject to section 19D of this regulation) for a transition year for the school if:
(a) the transition year is 2021 and the basis of the school’s CTC score for 2021 is not the same as for 2020; or
(b) the transition year is 2022, this section applied to the school in 2021 and the basis of the school’s CTC score for 2022 is the same as for 2021; or
(c) the transition year is 2023 or later and this section applied to the school in 2022.
Notional starting share is less than or equal to 80%
(2) If the notional starting share for the school for 2020 is less than or equal to 80% (which is the Commonwealth share for a non‑government school under paragraph 35A(b) of the Act), the Commonwealth share for the school for the transition year is the percentage worked out using the following formula:
Note: If a non‑government school’s Commonwealth share in 2023 is 80%, this is also its last transition year: see paragraph 19(1)(a).
Notional starting share is greater than 80%
(3) If the notional starting share for the school for 2020 is greater than 80% (which is the Commonwealth share for a non‑government school under paragraph 35A(b) of the Act), the Commonwealth share for the school for the transition year is the percentage worked out using the following formula:
19C Commonwealth share for non‑government schools worked out using the notional starting share for 2021
Scope
(1) For the purposes of section 35C of the Act, this section applies to a non‑government school (subject to section 19D of this regulation) if the transition year for the school is 2022 or later and the school is covered by neither section 19A nor 19B of this regulation for the transition year.
Notional starting share is less than or equal to 80%
(2) If the notional starting share for the school for 2021 is less than or equal to 80% (which is the Commonwealth share for a non‑government school under paragraph 35A(b) of the Act), the Commonwealth share for the school for the transition year is the percentage worked out using the following formula:
Note: If a non‑government school’s Commonwealth share in 2023 is 80%, this is also its last transition year: see paragraph 19(1)(a).
Notional starting share is greater than 80%
(3) If the notional starting share for the school for 2021 is greater than 80% (which is the Commonwealth share for a non‑government school under paragraph 35A(b) of the Act), the Commonwealth share for the school for the transition year is the percentage worked out using the following formula:
19D Commonwealth share for new non‑government schools
Scope
(1) For the purposes of section 35C of the Act, this section applies to a non‑government school whose first funding year is 2020 or later.
Commonwealth share for new non‑government schools
(2) The Commonwealth share for the school for the school’s first funding year is 80% (which is the Commonwealth share for a non‑government school under paragraph 35A(b) of the Act).
(3) If the school’s first funding year is 2020 or 2021, the Commonwealth share for the school for a transition year after the first funding year is worked out in accordance with section 19A, 19B or 19C, as applicable.
Note: If a non‑government school’s first funding year is 2022 or later, this is also its last transition year: see subsection 19(2).
19E Notional starting share for non‑government schools
(1) The notional starting share for a non‑government school for a year for the school is (subject to subsection (2)) the percentage worked out using the following formula:
where:
CTC‑adjusted SRS amount for the school for the year has the meaning given by section 19F.
notional funding amount for the school for the year has the meaning given by section 19G.
Exceptions—Bacchus Marsh Grammar and All Saints College
(2) However:
(a) in 2019 the notional starting share for Bacchus Marsh Grammar (AGEID 16082) is 75.255235070306; and
(b) in 2021 the notional starting share for All Saints College (AGEID 13863) is 184.130020331571.
19F CTC‑adjusted SRS amount
(1) The CTC‑adjusted SRS amount for the school for the year is the amount that would have been the school’s total entitlement for the year if:
(a) the Commonwealth share for the school had been 100%; and
(b) the SES score or the CTC score for the school had been the CTC score of the school for the next year.
Note: SES score was defined in the Act as previously in force before the commencement of the Australian Education Amendment (Direct Measure of Income) Act 2020.
(2) For the purposes of paragraph (1)(b), disregard the application of subsection 22(3) or 23(3A) when applying the CTC score of the school for the next year.
19G Notional funding amount
Notional funding amount for the school
(1) The notional funding amount for the school for the year is (subject to subsection (2)) the school’s total entitlement for the year.
Note: See section 12 of the Act for the definition of a school’s total entitlement for a year.
Exception—schools with a certain approved authority
(2) However, in 2019 the notional funding amount for the school for the year is the amount worked out under subsection (4) if the person who was the approved authority for the school in 2019 was also:
(a) the school’s approved authority in 2017; and
(b) the school’s approved system authority within the meaning of section 5 of this regulation as in force immediately before 1 January 2018.
(3) For the purposes of subsection (2), if:
(a) the school’s approved authority in 2017 was the school’s approved system authority within the meaning of section 5 of this regulation as in force immediately before 1 January 2018; and
(b) the school’s approved authority changed legal entity status after 2017;
the school’s approved authority in 2017 is taken to be the approved authority for the school in 2019.
(4) For the purposes of subsection (2), the amount is worked out under this subsection using the following formula:
where:
2017 school funding proportion for the school is the amount worked out by:
(a) identifying the amount of financial assistance paid to the school’s approved authority in accordance with Part 3 of the Act for 2017 that was allocated to the school for the year; and
(b) dividing that amount by the sum of the total entitlements of the approved authority’s schools for 2017 (not including a school for which the Minister has not made a determination under section 25 of the Act that applies to the school in either or both 2018 and 2019).
2019 approved authority total entitlement for the school is the sum of the total entitlements of the approved authority’s schools for 2019 (not including a school whose first funding year is 2018 or 2019).
Division 2—CTC score
21 CTC score
(1) For the purposes of subsection 52(4) of the Act, a school’s CTC score to be determined by the Minister must be the number worked out in accordance with this section.
CTC score for 2020 or 2021
(2) The number that is the CTC score for a school for 2020 or for 2021 is whichever of the following would, if it were the CTC score for the school for the year, result in the highest amount of financial assistance being payable to a State or Territory for the school for the year under Division 2 of Part 3 of the Act:
(a) the average DMI score;
(b) the 2016 SES score;
(c) the 2011 SES score.
CTC score for 2022 or later years
(3) In working out the CTC score for a school for 2022 or a later year, the number is:
(a) the average DMI score for the school for the year; or
(b) the refined area based score for the school for the year worked out in accordance with section 23, if the Minister is satisfied that:
(i) it is not reasonably practicable to use the average DMI score for the school for the year; and
(ii) if less than 95% of the residential addresses included in a school’s statement of student addresses can be assigned to the Statistical Area Level 1 in which the addresses are located—it is still appropriate to work out a refined area based score for the school for the year.
Note: This section does not apply to a school if the Minister is satisfied that determining the school’s CTC score in accordance with this section would result in a CTC score that does not accurately reflect the capacity of the persons responsible for students at the school to contribute financially to the operation of the school (see subsection 52(4) of the Act).
22 Average DMI score
(1) A school’s average DMI score is:
(a) for 2020—the average of the DMI scores for the school for 2018 and 2019; or
(b) for a later year—the average of the DMI scores for the school for the 3 years before that year.
(2) A number worked out under subsection (1) must be rounded to the nearest whole number, rounding up a number that ends in .5.
(3) However, if, for 2022 or a later year, the number worked out under subsection (1) for a small school or a very small school for the year is 3 or more higher or 3 or more lower than the school’s CTC score for the previous year, the average DMI score is taken to be 2 higher or 2 lower (as applicable) than the school’s CTC score for the previous year.
(4) A school’s DMI score for a year is worked out as follows:
Method statement
Step 1. Use the DMI methodology document to determine the annual income of each person responsible for a student at the school for the year.
Step 2. Add the annual incomes of each person responsible for each student at the school for the year to work out the family income for each student.
Step 3. Use the family income for each student at the school for the year to calculate the median family income for the school for the year.
Step 4. Calculate the standardised and weighted family income for the school using the median family income of all schools for the year, the number of students at the school for the year and the number of students at all schools for the year as set out in the DMI methodology document. The result is the school’s DMI score for the year.
23 Refined area based score
(1) For the purposes of subparagraph 21(3)(b)(i), and without limiting that subparagraph, the Minister may be satisfied that it is not reasonably practicable to use the average DMI score for the school if:
(a) there is less than 3 years of information to calculate the average DMI score for the school for the year; or
(b) the number of persons responsible for students at the school for the year is too low to ensure that the CTC score does not identify information relating to a particular student or a person responsible for that student; or
(c) the information available to calculate step 2 of the method statement for the DMI score does not meet the standards in the document titled Capacity to Contribute Data Validation and Quality Assurance Process published by the Department and as in force from time to time.
Note: The Capacity to Contribute Data Validation and Quality Assurance Process document could in 2020 be viewed on the Department’s website (
Refined area based score
(2) The refined area based score for a school for a year is worked out using the following formula:
(3) A number worked out under subsection (2) must be rounded to the nearest whole number, rounding up a number that ends in .5.
(3A) However, if, for 2022 or a later year, the number worked out under subsection (2) for a small school or a very small school for the year is 3 or more higher or 3 or more lower than the school’s CTC score for the previous year, the refined area based score is taken to be 2 higher or 2 lower (as applicable) than the school’s CTC score for the previous year.
Working out the school’s average SES dimension score for an SES dimension
(4) The school’s average SES dimension score for an SES dimension is, subject to subsection (5), worked out by:
(a) adding, for each residential address represented in the latest statement of student addresses, the SES dimension score for the SES dimension of the Statistical Area Level 1 to which the address has been assigned; and
(b) dividing the result by the total number of those SES dimension scores.
Note: The SES dimension score of a Statistical Area Level 1 for an SES dimension:
(a) is worked out by the Department; and
(b) could in 2020 be viewed on the Department’s website (
(5) In working out an average SES dimension score under subsection (4), the Minister may include a residential address in the school’s statement of student addresses that was not included in that statement, but the Minister considers ought to have been.
24 SES score
2011 SES score
(1) The 2011 SES score for a school for a year is the number worked out using the formula in subsection (7) and the following information:
(a) if statements of student addresses were provided for the school between 2012 and 2016 (inclusive)—the most recent of those statements;
(b) otherwise—the oldest of the statements of student addresses provided for the school after 2016.
(2) A number worked out under subsection (1) must be rounded to the nearest whole number, rounding up a number that ends in .5.
(3) For each residential address represented in a statement of student addresses mentioned in subsection (1), the Minister must use the SES dimension score for the SES dimension of the Statistical Area Level 1 to which the address has been assigned, as determined in the 2011 Census of Population and Housing.
Note: Information about the 2011 Census of Population and Housing could in 2020 be viewed on the Australian Bureau of Statistics website (
2016 SES score
(4) The 2016 SES score for a school for a year is the number worked out using the formula in subsection (7) and the oldest of the statement of student addresses for the school provided for 2017 or a later year.
(5) A number worked out under subsection (4) must be rounded to the nearest whole number, rounding up a number that ends in .5.
(6) For each residential address represented in a statement of student addresses mentioned in subsection (4), the Minister must use the SES dimension score for the SES dimension of the Statistical Area Level 1 to which the address has been assigned, as determined in the 2016 Census of Population and Housing.
Note: Information about the 2016 Census of Population and Housing could in 2020 be viewed on the Australian Bureau of Statistics website (
Formula
(7) The following formula is to be used for the purposes of the 2011 SES score and the 2016 SES score:
Working out the school’s average SES dimension score for an SES dimension
(8) The school’s average SES dimension score for an SES dimension is, subject to subsection (9), worked out by:
(a) adding, for each residential address represented in a statement of student addresses, the SES dimension score for the SES dimension of the Statistical Area Level 1 to which the address has been assigned; and
(b) dividing the result by the total number of those SES dimension scores.
Note: The SES dimension score of a Statistical Area Level 1 for an SES dimension:
(a) is worked out by the Department; and
(b) could in 2020 be viewed on the Department’s website (
(9) In working out an average SES dimension score under subsection (8), the Minister may include a residential address in the school’s statement of student addresses that was not included in that statement, but the Minister considers ought to have been.
24AAA Publication of CTC score if determined other than in accordance with this regulation
If the Minister makes a determination of a CTC score for a school other than in accordance with this regulation for the reason mentioned in subsection 52(4) of the Act, the Minister must:
(a) publish, in a way the Minister considers appropriate, the CTC score for the school and the reasons for making the determination; and
(b) do so within 30 days of making the determination.
Note: The Minister must determine a school’s CTC score in accordance with this regulation unless the Minister is satisfied doing so would result in a CTC score that does not accurately reflect the capacity of the persons responsible for students at the school to contribute financially to the operation of the school: see subsection 52(4) of the Act.
Part 4—Capital and other funding
Division 1—Capital funding
24AA Base assistance amount
For the purposes of section 68 of the Act, the base assistance amount is:
(a) for 2018—$150,895,000; and
(b) for 2019—$160,920,000; and
(c) for 2020—$170,584,000; and
(d) for 2021—$178,845,000.
24A Indexation percentage
For paragraph 68(3)(b) of the Act, the indexation percentage is:
(a) for 2015, 102.30%; and
(b) for 2016, 101.76%; and
(c) for 2017, 101.92%; and
(d) for 2022, 108.75%.
24B Indexes of building prices and wage costs
For paragraph 68(4)(a) of the Act, the index of building prices and the index of wage costs is the composite index of construction activity costs in the Index Number for Australian and New Zealand Standard Industrial Classification, 2006 Class 3020 Non‑residential Building Construction Australia, published by the Australian Bureau of Statistics in Table 17 (Output of the Construction industries) in the Producer Price Indexes, Australia (Catalogue No. 6427.0), as it exists from time to time.
Division 2—Special circumstances funding
25 Special circumstances funding
For paragraph 130(2)(b) of the Act, the matters that the Minister may have regard to in making a decision for a school for a year that special circumstances justify a determination under subsection 69(1) of the Act are:
(a) whether the special circumstances would not have been reasonably foreseeable by a competent approved authority; and
(b) whether the special circumstances would, or are likely to, result in severe financial difficulty requiring the school to cease a large part of its educational activities, or significantly lower the quality of the education it provides, during the year; and
(c) if the school were to receive financial assistance under subsection 69(1) of the Act, whether the school would be able to:
(i) resume operating satisfactorily within 2 years; or
(ii) continue operating until the end of the year; and
(d) whether, having exhausted all other options to remedy the financial situation of the school (including all alternative sources of financial assistance), there is still a need for financial assistance under subsection 69(1) of the Act to address the school’s immediate financial difficulties; and
Endnote 2—Abbreviation key
| ad = added or inserted | o = order(s) |
| am = amended | Ord = Ordinance |
| amdt = amendment | orig = original |
| c = clause(s) | par = paragraph(s)/subparagraph(s) |
| C[x] = Compilation No. x | /sub‑subparagraph(s) |
| Ch = Chapter(s) | pres = present |
| def = definition(s) | prev = previous |
| Dict = Dictionary | (prev…) = previously |
| disallowed = disallowed by Parliament | Pt = Part(s) |
| Div = Division(s) | r = regulation(s)/rule(s) |
| ed = editorial change | reloc = relocated |
| exp = expires/expired or ceases/ceased to have | renum = renumbered |
| effect | rep = repealed |
| F = Federal Register of Legislation | rs = repealed and substituted |
| gaz = gazette | s = section(s)/subsection(s) |
| LA = Legislation Act 2003 | Sch = Schedule(s) |
| LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
| (md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
| effect | SR = Statutory Rules |
| (md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
| cannot be given effect | SubPt = Subpart(s) |
| mod = modified/modification | underlining = whole or part not |
| No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
| Number and year | FRLI registration | Commencement | Application, saving and transitional provisions |
| 195, 2013 | 31 July 2013 (F2013L01476) | 1 Jan 2014 (s 2) | |
| 188, 2014 | 16 Dec 2014 (F2014L01723) |
Sch 2: 1 Jan 2015 (s 2 item 3) Remainder: 17 Dec 2014 (s 2 items 1, 2, 4) |
— |
| 140, 2015 | 24 Aug 2015 (F2015L01305) | 25 Aug 2015 (s 2(1) item 1) | — |
| Name | Registration | Commencement | Application, saving and transitional provisions |
| Australian Education Amendment Regulation 2016 (No. 1) | 9 May 2016 (F2016L00713) | 10 May 2016 (s 2(1) item 1) | — |
| Australian Education Amendment (2016 Measures No. 2) Regulation 2016 | 29 Sept 2016 (F2016L01545) | 30 Sept 2016 (s 2(1) item 1) | — |
| Australian Education Amendment (2016 Measures No. 3) Regulation 2016 | 28 Oct 2016 (F2016L01653) | 29 Oct 2016 (s 2(1) item 1) | — |
| Australian Education Amendment (2017 Measures No. 1) Regulations 2017 | 21 Sept 2017 (F2017L01231) | 22 Sept 2017 (s 2(1) item 1) | — |
| Australian Education Amendment (2017 Measures No. 2) Regulations 2017 | 20 Nov 2017 (F2017L01501) | Sch 1: 1 Jan 2018 (s 2(1) item 2) | — |
| Australian Education Amendment (2017 Measures No. 3) Regulations 2017 | 18 Dec 2017 (F2017L01643) | Sch 1: 1 Jan 2018 (s 2(1) item 2) | — |
| Australian Education Amendment (2018 Measures No. 1) Regulations 2018 | 25 July 2018 (F2018L01056) | 26 July 2018 (s 2(1) item 1) | — |
| Australian Education Amendment (2018 Measures No. 2) Regulations 2018 | 12 Oct 2018 (F2018L01424) | 13 Oct 2018 (s 2(1) item 1) | — |
| Australian Education Amendment (2018 Measures No. 3) Regulations 2018 | 6 Dec 2018 (F2018L01677) |
Sch 2: 1 Jan 2019 (s 2(1) item 3) Remainder: 7 Dec 2018 (s 2(1) items 1, 2) |
— |
| Australian Education Amendment (2019 Measures No. 1) Regulations 2019 | 8 Apr 2019 (F2019L00558) | 1 Jan 2020 (s 2(1) item 1) | — |
| Australian Education Amendment (2019 Measures No. 2) Regulations 2019 | 12 July 2019 (F2019L00981) | 13 July 2019 (s 2(1) item 1) | — |
| Australian Education Amendment (2019 Measures No. 3) Regulations 2019 | 12 July 2019 (F2019L00982) | 13 July 2019 (s 2(1) item 1) | — |
| Australian Education Amendment (2019 Measures No. 4) Regulations 2019 | 4 Nov 2019 (F2019L01421) | 5 Nov 2019 (s 2(1) item 1) | — |
| Australian Education Amendment (2019 Measures No. 5) Regulations 2019 | 4 Nov 2019 (F2019L01422) | 5 Nov 2019 (s 2(1) item 1) | — |
| Australian Education Amendment (2020 Measures No. 1) Regulations 2020 | 17 Apr 2020 (F2020L00439) | 18 Apr 2020 (s 2(1) item 1) | — |
| Australian Education Amendment (2020 Capital Funding Limit) Regulations 2020 | 12 June 2020 (F2020L00695) | 13 June 2020 (s 2(1) item 1) | — |
| Australian Education Amendment (South Australia Year 7 Schools) Regulations 2020 | 13 Nov 2020 (F2020L01428) | 14 Nov 2020 (s 2(1) item 1) | — |
| Australian Education Amendment (2021 Capital Funding Limit) Regulations 2021 | 12 July 2021 (F2021L00980) | 13 July 2021 (s 2(1) item 1) | — |
| Australian Education Amendment (South Australia Year 7 Schools) Regulations 2021 | 15 Nov 2021 (F2021L01559) |
Sch 1 (Pt 2): 1 Jan
2022 (s 2(1) item 3) Remainder: 16 Nov 2021 (s 2(1) items 1, 2) |
— |
| Australian Education Amendment (Capped CTC Score Methodology) Regulations 2021 | 16 Dec 2021 (F2021L01796) | 17 Dec 2021 (s 2(1) item 1) | — |
| Australian Education Amendment (2022 Capital Funding Indexation) Regulations 2022 | 5 Sept 2022 (F2022L01167) | 6 Sept 2022 (s 2(1) item 1) | — |
| Australian Education Amendment (Schools Upgrade Fund) Regulations 2022 | 24 Nov 2022 (F2022L01509) | 25 Nov 2022 (s 2(1) item 1) | — |
| Australian Education Amendment (2022 School Commonwealth Share Adjustment) Regulations 2022 | 24 Nov 2022 (F2022L01510) | 25 Nov 2022 (s 2(1) item 1) | — |
| Australian Education Amendment (2023 Measures No. 1) Regulations 2023 | 21 June 2023 (F2023L00824) | 22 June 2023 (s 2(1) item 1) | — |
Endnote 4—Amendment history
| Provision affected | How affected |
| Part 1 | |
| Division 1 | |
| s 2............................................. | rep LIA s 48D |
| s 4............................................. | am No 188, 2014; No 140, 2015; F2016L01653; F2017L01501; F2017L01643; F2019L00558; F2019L00981; F2020L00439; F2022L01510 |
| s 5............................................. | rs F2017L01501 |
| Division 2 | |
| Subdivision A | |
| s 6............................................. | am No 188, 2014; F2017L01501 |
| Subdivision AA | |
| Subdivision AA.......................... | ad F2018L01677 |
| s 6A........................................... | ad F2018L01677 |
| Subdivision B | |
| s 7............................................. | am No 188, 2014 |
| rs F2017L01643 | |
| am F2019L01422 | |
| rs F2021L01559 | |
| s 8............................................. | am No 188, 2014 |
| rep F2017L01643 | |
| s 9............................................. | am No 188, 2014; F2017L01643 |
| Subdivision C | |
| Subdivision C............................. | ad F2017L01501 |
| s 9A........................................... | ad F2017L01501 |
| s 9B........................................... | ad F2017L01501 |
| Part 2 | |
| s 10............................................ | am F2017L01643 |
| rep F2018L01677 | |
| s 10A......................................... | ad F2018L01677 |
| am F2019L01422 | |
| s 11............................................ | am No 140, 2015 |
| s 12............................................ | am No 188, 2014; No 140, 2015 |
| rs F2017L01501 | |
| s 13............................................ | am No 188, 2014; No 140, 2015 |
| rep F2017L01501 | |
| s 13A......................................... | ad No 140, 2015 |
| rep F2017L01501 | |
| Part 3 | |
| Part 3 heading............................. | rs F2017L01501 |
| Division 1 | |
| s 15............................................ | rep F2017L01501 |
| s 16............................................ | am No 188, 2014; F2017L01501 |
| s 16AA...................................... | ad F2019L01421 |
| s 16A......................................... | ad F2017L01643 |
| am F2018L01677 | |
| rep F2020L00439 | |
| s 17............................................ | rs F2017L01501 |
| s 17A......................................... | ad F2017L01501 |
| s 18............................................ | rs No 140, 2015 |
| am F2017L01501 | |
| Division 1A | |
| Division 1A................................ | ad F2020L00439 |
| s 19............................................ | rep No 140, 2015 |
| ad F2020L00439 | |
| s 19A......................................... | ad F2020L00439 |
| s 19B......................................... | ad F2020L00439 |
| s 19C......................................... | ad F2020L00439 |
| s 19D......................................... | ad F2020L00439 |
| s 19E......................................... | ad F2020L00439 |
| am F2022L01510 | |
| s 19F.......................................... | ad F2020L00439 |
| am F2021L01796 | |
| s 19G......................................... | ad F2020L00439 |
| Division 2 | |
| Division 2.................................. | rs F2020L00439 |
| Subdivision A............................. | rep F2017L01501 |
| s 20............................................ | rep F2017L01501 |
| Subdivision B heading................. | rep F2017L01501 |
| s 21............................................ | am F2017L01501; F2018L01424 |
| rs F2020L00439 | |
| s 22............................................ | rs F2020L00439 |
| s 23............................................ | am F2017L01501; F2018L01677 |
| rs F2020L00439 | |
| am F2021L01796 | |
| s 24............................................ | rs F2020L00439 |
| s 24AAA.................................... | ad F2020L00439 |
| Part 4 | |
| Part 4 heading............................. | rs No 188, 2014 |
| Division 1 | |
| Division 1.................................. | ad No 188, 2014 |
| s 24AA...................................... | ad F2018L01056 |
| am F2019L00982; F2020L00695; F2021L00980 | |
| s 24A......................................... | ad No 140, 2015 |
| rs F2016L00713 | |
| am F2017L01231; F2022L01167 | |
| s 24B......................................... | ad No 188, 2014 |
| am F2017L01501 | |
| Division 2 | |
| Division 2 heading...................... | ad No 188, 2014 |
| Division 3 | |
| Division 3.................................. | ad No 188, 2014 |
| rs F2017L01501 | |
| Subdivision A heading................. | rep F2017L01501 |
| s 25A......................................... | ad No 188, 2014 |
| am No 140, 2015 | |
| rs F2017L01501 | |
| s 25B......................................... | ad No 188, 2014 |
| am No 140, 2015 | |
| rep F2017L01501 | |
| s 25C......................................... | ad No 188, 2014 |
| am No 140, 2015 | |
| rep F2017L01501 | |
| s 25D......................................... | ad No 188, 2014 |
| rep F2017L01501 | |
| s 25E......................................... | ad No 188, 2014 |
| rep F2017L01501 | |
| s 25F.......................................... | ad No 188, 2014 |
| rep F2017L01501 | |
| s 25G......................................... | ad No 188, 2014 |
| rep F2017L01501 | |
| Subdivision C............................. | ad F2016L01545 |
| rep F2017L01501 | |
| s 25H......................................... | ad F2016L01545 |
| rep F2017L01501 | |
| s 25J.......................................... | ad F2016L01545 |
| rep F2017L01501 | |
| s 25K......................................... | ad F2016L01545 |
| rep F2017L01501 | |
| s 25L......................................... | ad F2016L01545 |
| rep F2017L01501 | |
| Division 4 | |
| Division 4.................................. | ad F2019L00558 |
| s 25B......................................... | ad F2019L00558 |
| Part 5 | |
| Division 1 | |
| s 28............................................ | am No 140, 2015 |
| Division 2 | |
| Subdivision A | |
| s 29............................................ | am No 188, 2014; No 140, 2015; F2016L01653; F2017L01501; F2017L01643 |
| s 30............................................ | am No 188, 2014; No 140, 2015; F2017L01643 |
| s 31............................................ | am No 188, 2014; F2017L01501; F2019L00558 |
| Subdivision B | |
| s 34............................................ | am No 188, 2014; F2016L01545; F2017L01643; F2018L01677; F2019L00558 |
| s 35............................................ | am No 140, 2015; F2016L01545; F2018L01677 |
| s 36............................................ | am No 140, 2015; F2016L01545; F2017L01501; F2017L01643; F2018L01677; F2019L00558 |
| s 37............................................ | am No 188, 2014 |
| s 38............................................ | am F2017L01643 |
| s 39A......................................... | ad F2018L01677 |
| Division 3 | |
| Subdivision A............................. | rep F2017L01501 |
| s 41............................................ | rep F2017L01501 |
| Subdivision C | |
| s 43............................................ | am No 140, 2015; F2016L01653; F2017L01501 |
| Subdivision D............................. | rep F2016L01653 |
| s 44............................................ | rep F2016L01653 |
| s 45............................................ | rep F2016L01653 |
| Subdivision E | |
| s 46............................................ | am No 140, 2015; F2017L01501 |
| s 47............................................ | am No 140, 2015 |
| s 48............................................ | am No 140, 2015; F2017L01501; F2017L01643 |
| s 49............................................ | am No 140, 2015 |
| s 50............................................ | am No 140, 2015; F2017L01501; F2017L01643 |
| s 51............................................ | rep No 140, 2015 |
| Subdivision F | |
| s 52............................................ | am No 188, 2014; F2018L01424 |
| s 53............................................ | am No 140, 2015; F2016L01653 |
| s 56............................................ | am F2017L01501 |
| s 58A......................................... | ad No 188, 2014 |
| am F2017L01501 | |
| s 58B......................................... | ad F2018L01424 |
| am F2020L00439 | |
| Subdivision H | |
| s 60............................................ | am No 140, 2015 |
| Subdivision I.............................. | rep F2017L01501 |
| s 61............................................ | am F2016L01653 |
| rep F2017L01501 | |
| Division 5 | |
| Division 5.................................. | ad F2017L01501 |
| s 62A......................................... | ad F2017L01501 |
| Part 7 | |
| s 65............................................ | am No 140, 2015; F2017L01501; F2020L00439 |
| s 66............................................ | am No 140, 2015; F2017L01501 |
| Part 8 | |
| Part 8......................................... | ad No 188, 2014 |
| s 67............................................ | ad No 188, 2014 |
| s 68............................................ | ad No 140, 2015 |
| am F2017L01501 | |
| s 69............................................ | ad F2016L01545 |
| s 70............................................ | ad F2016L01653 |
| ed C6 | |
| s 71............................................ | ad F2017L01501 |
| s 72............................................ | ad F2017L01643 |
| s 73............................................ | ad F2018L01677 |
| am F2018L01677 | |
| s 74............................................ | ad F2019L00558 |
| s 75............................................ | ad F2020L00439 |
| s 76............................................ | ad F2021L01559 |
| ed C24 | |
| s 77............................................ | ad F2022L01510 |
| ed C24 | |
| Schedule 1 | |
| Schedule 1.................................. | ad F2017L01501 |
| Part 1 | |
| c 1............................................. | ad F2017L01501 |
| c 2............................................. | ad F2017L01501 |
| c 3............................................. | ad F2017L01501 |
| Part 2 | |
| Part 2 heading............................. | rs F2017L01643 |
| Division 1 | |
| Division 1 heading...................... | rs F2017L01643 |
| c 4............................................. | ad F2017L01501 |
| c 5............................................. | ad F2017L01501 |
| c 6............................................. | ad F2017L01501 |
| am F2018L01677 | |
| Division 2 | |
| Division 2.................................. | rs F2018L01677 |
| c 7............................................. | ad F2017L01501 |
| am F2017L01643 | |
| rs F2018L01677 | |
| c 8............................................. | ad F2017L01501 |
| am F2017L01643 | |
| rs F2018L01677 | |
| am F2019L01422 | |
| c 9............................................. | ad F2017L01501 |
| rs F2018L01677 | |
| c 10........................................... | ad F2017L01501 |
| rs F2018L01677 | |
| Part 3 | |
| c 11........................................... | ad F2017L01501 |
| c 12........................................... | ad F2017L01501 |
| am F2018L01677 | |
| c 13........................................... | ad F2017L01501 |
| Part 4 | |
| Part 4 heading............................. | rs F2017L01643 |
| c 14........................................... | ad F2017L01501 |
| am F2020L00439 | |
| c 15........................................... | ad F2017L01501 |
| am F2020L00439 | |
| c 16........................................... | ad F2017L01501 |
| am F2018L01677 | |
| Part 5 | |
| Part 5......................................... | ad F2018L01677 |
| Division 1 | |
| c 17........................................... | ad F2018L01677 |
| rs F2019L01422 | |
| am F2020L00439 | |
| c 18........................................... | ad F2018L01677 |
| c 19........................................... | ad F2018L01677 |
| Division 2 | |
| c 20........................................... | ad F2018L01677 |
| c 21........................................... | ad F2018L01677 |
| c 22........................................... | ad F2018L01677 |
| Part 6 | |
| Part 6......................................... | ad F2019L00981 |
| c 23........................................... | ad F2019L00981 |
| c 24........................................... | ad F2019L00981 |
| c 25........................................... | ad F2019L00981 |
| Part 8 | |
| Part 8......................................... | ad F2022L01509 |
| Division 1 | |
| c 30........................................... | ad F2022L01509 |
| c 31........................................... | ad F2022L01509 |
| am F2023L00824 | |
| c 32........................................... | ad F2022L01509 |
| c 33........................................... | ad F2022L01509 |
| Division 2 | |
| c 34........................................... | ad F2022L01509 |
| c 35........................................... | ad F2022L01509 |
| c 36........................................... | ad F2022L01509 |
| c 37........................................... | ad F2022L01509 |
| Part 9 | |
| Part 9......................................... | ad F2023L00824 |
| c 38........................................... | ad F2023L00824 |
| c 39........................................... | ad F2023L00824 |
| c 40........................................... | ad F2023L00824 |
| Schedule 2 | |
| Schedule 2.................................. | ad F2017L01501 |
| am F2017L01643 | |
| c 1............................................. | ad F2017L01501 |
| am F2018L01677 | |
| Schedule 3 | |
| Schedule 3.................................. | ad F2017L01643 |
| rep F2021L01559 | |
| ad F2023L00824 | |
| c 1............................................. | ad F2017L01643 |
| am F2018L01677 | |
| rs F2019L01422 | |
| am F2020L01428; F2021L01559 | |
| rep F2021L01559 | |
| ad F2023L00824 | |
| Schedule 4.................................. | ad F2017L01643 |
| rep F2020L00439 | |
| c 1............................................. | ad F2017L01643 |
| am F2018L01677 | |
| rep F2020L00439 |
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