States Grants (Nurse Education Transfer Assistance) Act 1985 (Cth)

States Grants (Nurse Education Transfer Assistance) Act 1985

Act No. 164 of 1985 as amended

This compilation was prepared on 20 February 2001

taking into account amendments up to Act No. 141 of 1990

The text of any of those amendments not in force

on that date is appended in the Notes section

Prepared by the Office of Legislative Drafting,

Attorney‑General’s Department, Canberra

      

Contents

An Act relating to the grant of financial assistance to the States and the Northern Territory with respect to nurse education

  1Short title [see Note 1]

 This Act may be cited as the States Grants (Nurse Education Transfer Assistance) Act 1985.

2Commencement [see Note 1]

 This Act shall come into operation on the day on which it receives the Royal Assent.

3Interpretation

1. (1)

   In this Act, unless the contrary intention appears:

approved course means any of the following courses:

1. (a)

   a basic nurse undergraduate course;

2. (b)

   a basic nurse degree course;

3. (c)

   an extended nurse degree course.

approved form means a form approved by the Minister.

basic nurse degree course means a three‑year course leading to the award of a degree that provides an initial qualification in relation to nursing.

basic nurse undergraduate course means a course leading to the award of an undergraduate diploma that provides an initial qualification in relation to nursing.

eligible student means a student (other than a student who is registered, or is eligible for registration, as a nurse under a law of a State or Territory) who:

1. (a)

   is enrolled at a higher education institution for:

   1. (i)

      a basic nurse undergraduate course; or

   2. (ii)

      a basic nurse degree course; or

2. (b)

   is enrolled at a higher education institution for an extended nurse degree course and has not yet satisfied the requirements for the completion of 3 years of that course.

extended nurse degree course means a course, longer than a three‑year course, leading to the award of a degree that provides an initial qualification in relation to nursing.

first census day means:

1. (a)

   31 March; or

2. (b)

   if any other day is prescribed for the purposes of this paragraph—that other day.

higher education institution means:

1. (a)

   an institution that is a higher education institution within the meaning of the Employment, Education and Training Act 1988; or

2. (b)

   an institution (other than an institution referred to in paragraph (a)) that is declared by the Minister to be an institution that is to be treated, for the purposes of this Act, as a higher education institution.

relevant State Minister means:

1. (a)

   in relation to a State—the Minister of the Crown for the State who is responsible, or principally responsible, for the administration of matters relating to the education of nurses in the State; and

2. (b)

   in relation to the Northern Territory—the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to the education of nurses in the Northern Territory.

second census day means:

1. (a)

   31 August; or

2. (b)

   if any other day is prescribed for the purposes of this paragraph—that other day.

year to which this Act applies means any one of the years 1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992 and 1993.

1. (2)

   In this Act, unless the contrary intention appears, a reference to a State shall be read as including a reference to the Northern Territory.

2. (3)

   Any declaration or determination made or given by the Minister under, or for the purposes of, this Act shall be made or given in writing.

4Special nurse education transfer grants [see Note 2]

1. (1) 

   The Minister may enter into an agreement with the relevant State Minister of a State in respect of the making of grants by the Commonwealth to the State under this section by way of financial assistance to the State in relation to the provision, in respect of a year to which this Act applies, of approved courses to eligible students at higher education institutions in the State.

2. (2)

   Where the Minister has entered into an agreement under subsection (1) in relation to a State, the Minister may authorise the payment to the State under this section, by way of financial assistance to the State in respect of the provision, in a year to which this Act applies, of approved courses to eligible students at higher education institutions in the State, of such amounts as the Minister determines.

3. (3)

   Financial assistance is granted to a State under subsection (2) in relation to the provision, in respect of a year to which this Act applies, of approved courses to eligible students at higher education institutions in the State on the conditions that:

   1. (a)

      the State will pay each amount of that financial assistance received by it to higher education institutions in the State;

   2. (b)

      the State will cause to be furnished to the Minister, not later than 30 June next following the end of that year, or such later day as the Minister determines, a statement, in accordance with the approved form, as to:

      1. (i)

         the amounts paid by the State in respect of that year, out of moneys granted to the State under this section, to each higher education institution in the State; and

      2. (ii)

         the amounts paid by the State in respect of that year, out of moneys other than those referred to in subparagraph (i), to each higher education institution in the State pursuant to the agreement referred to in subsection (1);

   3. (c)

      the State will ensure that:

      1. (i)

         the number of eligible students enrolled, as at the first census day in that year, in approved courses at higher education institutions in the State is not less than the number determined by the Minister to be the relevant number in respect of the State in relation to that day in that year for the purposes of this subparagraph; and

      2. (ii)

         the number of eligible students enrolled, as at the second census day in that year, in approved courses at higher education institutions in the State is not less than the number determined by the Minister to be the relevant number in respect of the State in relation to that day in that year for the purposes of this subparagraph;

   4. (d)

      the State will ensure that the terms and conditions of the agreement referred to in subsection (1) are complied with;

   5. (e)

      if the Minister informs the State that the Minister is satisfied that the State has failed to fulfil a condition applicable to that financial assistance, the State will pay to the Commonwealth the amount (if any) specified by the Minister, being an amount not exceeding the amount of the financial assistance; and

   6. (f)

      if the amount of the financial assistance paid to the State under this section exceeds the amount of financial assistance that is properly payable to the State under this section, the State will pay an amount equal to the excess to the Commonwealth.

4. (4)

   The aggregate of the amounts determined by the Minister under subsection (2) in respect of a year to which this Act applies shall not exceed:

   1. (a)

      in respect of the year 1985—$1,820,000;

   2. (b)

      in respect of the year 1986—$5,427,000;

   3. (c)

      in respect of the year 1987—$10,080,000;

   4. (d)

      in respect of the year 1988—$14,000,000;

   5. (e)

      in respect of the year 1989—$21,000,000; and

   6. (f)

      in respect of each subsequent year to which this Act applies—$28,000,000.

5Time and manner of payments

 Financial assistance payable to a State under this Act shall be paid in such amounts, and at such times, as the Minister for Finance determines.

6Advances

 The Minister may make arrangements for the making of advances by the Minister to a State, by way of financial assistance to the State, on account of an amount that is expected to become payable under section 4 to the State, and the conditions that would be applicable to a payment of the amount under that section are applicable to any such advance.

7Moneys to be appropriated

 Payments (including advances) to the States under this Act shall be made out of moneys appropriated by the Parliament for the purposes of this Act.

8Delegation

1. (1) 

   The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by the Minister, delegate to a person all or any of the Minister’s powers under this Act, other than this power of delegation.

2. (2)

   A power so delegated, when exercised by the delegate, shall, for the purposes of this Act, be deemed to have been exercised by the Minister.

3. (3)

   A delegation of a power by the Minister under this section does not prevent the exercise of the power by the Minister.

9Report by Minister

 The Minister shall, as soon as practicable after the end of each year to which this Act applies, cause a report setting out details of determinations made by the Minister under section 4 to be laid before each House of the Parliament.

10Regulations

 The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed.

Notes to the States Grants (Nurse Education Transfer Assistance) Act 1985

Note 1

The States Grants (Nurse Education Transfer Assistance) Act 1985 as shown in this compilation comprises Act No. 164, 1985 amended as indicated in the Tables below.

The States Grants (Nurse Education Transfer Assistance) Act 1985 was modified by the A.C.T. Self‑Government (Consequential Provisions) Regulations (1989 No. 3 as amended) see Table A.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
States Grants (Nurse Education Transfer Assistance) Act 1985	164, 1985	11 Dec 1985	11 Dec 1985
Health Legislation Amendment Act 1986	75, 1986	24 June 1986	Part V (ss. 72, 73): 22 July 1986 (a)	S. 73(2)
Community Services and Health Legislation Amendment Act 1987	132, 1987	16 Dec 1987	Ss. 4(a)‑(c), (e), (f) and 8‑20: 11 Jan 1989 (see Gazette 1988, No. S411) Ss. 23‑30 and 32: 1 Mar 1988 (see Gazette 1988, No. S58) Part V (s. 33): 1 May 1988 (see Gazette 1988, No. S118) Remainder: Royal Assent	—
Community Services and Health Legislation Amendment Act 1988	79, 1988	24 June 1988	Part VI (s. 34): 1 Oct 1988 (see Gazette 1988, No. S303) (b)	—
Employment, Education and Training Act 1988	80, 1988	24 June 1988	1 July 1988 (see Gazette 1988, No. S190)	—
Community Services and Health Legislation Amendment Act 1989	95, 1989	28 June 1989	Part 7 (ss. 65‑68): (c)	—
Community Services and Health Legislation Amendment Act (No. 2) 1990	141, 1990	28 Dec 1990	Part 7 (ss. 75‑77): Royal Assent (d)	—

(a) The States Grants (Nurse Education Transfer Assistance) Act 1985 was amended by Part V (sections 72 and 73) only of the Health Legislation Amendment Act 1986, subsection 2(1) of which provides as follows:

1. (1)

   Section 1, this section, section 3, subsection 19(2), section 23, subsection 47(1), section 53, Part III, section 57, sections 61 to 71 (inclusive) and Parts V and VI shall come into operation on the twenty‑eighth day after the day on which this Act receives the Royal Assent.

(b) The States Grants (Nurse Education Transfer Assistance) Act 1985 was amended by Part VI (section 34) only of the Community Services and Health Legislation Amendment Act 1988, subsection 2(5) of which provides as follows:

1. (5)

   The remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

(c) The States Grants (Nurse Education Transfer Assistance) Act 1985 was amended by Part 7 (sections 65‑68) only of the Community Services and Health Legislation Amendment Act 1989, subsection 2(2) of which provides as follows:

1. (2)

   Part 7 shall be taken to have commenced on 1 January 1989.

(d) The States Grants (Nurse Education Transfer Assistance) Act 1985 was amended by Part 7 (sections 75‑77) only of the Community Services and Health Legislation Amendment Act (No. 2) 1990, subsection 2(1) of which provides as follows:

1. (1)

   Subject to this section, this Act commences on the day on which it receives the Royal Assent.

Table of Amendments

ad. = added or inserted  am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3...........................................	am. No. 80, 1988; No. 95, 1989; No. 141, 1990
S. 4...........................................	am. No. 75, 1986; No. 132, 1987; No. 80, 1988; No. 95, 1989; No. 141, 1990
S. 10.........................................	ad. No. 95, 1989

Note 2

Section 4—Section 34 of the Community Services and Health Legislation Amendment Act 1988 provides as follows:

“34. Section 4 of the States Grants (Nurse Education Transfer Assistance) Act 1983 is amended by omitting subsection 4.”.

The proposed amendment was misdescribed and is not incorporated in this compilation.

Table A

Modifications

A.C.T. Self‑Government (Consequential Provisions) Regulations

Section 3—The States Grants (Nurse Education Transfer Assistance) Act 1985 was modified by regulation 2 and Schedule 1 of the A.C.T. Self‑Government (Consequential Provisions) Regulations as amended. The modifications are set out below and are not incorporated in this compilation.

Subsection 3(1) (definition of relevant State Minister)

After paragraph (a) insert the following paragraph:

1. “(aa)

   in relation to the Australian Capital Territory—the Minister of the Australian Capital Territory who is responsible, or principally responsible, for the administration of matters relating to the education of nurses in the Australian Capital Territory; and”.

Subsection 3(2)

Before “the Northern Territory” insert “the Australian Capital Territory and to”.