States Grants (Primary and Secondary Education Assistance) Act 1992 (Cth)
This compilation was prepared on 26 July 1999
taking into account amendments up to Act No. 152 of 1997
The text of any of those amendments not in force
on that date is appended in the Notes section
The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section
Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra
Contents
This Act may be cited as the
States Grants (Primary and Secondary Education Assistance) Act 1992 .
This Act commences, or is taken to have commenced, on 1 January 1993.
In this Act, unless the contrary intention appears:
Aboriginal community school has the meaning given by section 4.
Aborigine includes a person of the race to which Torres Strait Islanders belong.
approved authority means:
(a) for the purposes of a provision of this Act (other than a provision referred to in paragraph (b)), that relates to an approved school system, a non‑systemic school, a non‑government school, a non‑government special school, a non‑government centre, a non‑government rural student hostel or another non‑government body—the body that the Minister determines to be the approved authority of that school system, of that school, of that centre, of that hostel, or of that other non‑government body, as the case may be, for the purposes of that provision; or
(b) for the purposes of a provision of Division 1 or 2 of Part 3 that relates to a proposal for a new school or an existing school that is not included in the list:
(i) if the school is to be included in an approved school system—the body that, under paragraph (a) is the approved authority of that system; or
(ii) otherwise—the body principally responsible for the school.
approved education centre , in relation to a program year, means a body corporate, or an unincorporated body that the Minister is satisfied will, during that year, become a body corporate:
(a) the members, or a majority of the members, of whose governing body are persons employed as teachers at schools; and
(b) the principal object of which is to improve the professional competence of teachers by methods that include the provision of in‑service teacher training; and
(c) that is not conducted for profit; and
(d) the membership of which is not restricted to teachers or to teachers of a particular kind; and
(e) that provides opportunities for parents of students at schools, and other persons interested in education, to take part and assist in activities of the centre; and
(f) that is determined by the Minister to be an education centre for the purposes of this Act in relation to that year.
approved form means a form approved in writing by the Minister.
approved school system means a school system that is included in the list of approved school systems kept under section 19.
block grant authority , in relation to a school or rural student hostel, means the block grant authority in which that school or hostel, as the case may be, is recorded as a participant under section 51.
body means any organisation or body, whether incorporated or unincorporated, and includes an individual.
building includes part of a building.
capital project includes a project involving any one or more of the following;
(a) investigation of the need for:
(i) schools, non‑government centres or rural student hostels in particular areas; or
(ii) schools, non‑government centres or rural student hostels of particular kinds in particular areas; or
(iii) a building, other facilities or equipment;
(b) the purchase of land, with or without buildings;
(c) planning for the erection, alteration or extension of a building or other facilities;
(d) the development or preparation of land for building or other purposes;
(e) the installation or upgrading of water, electricity or any other services;
(f) the provision of equipment, library materials or furniture;
(g) obtaining services and goods for cataloguing a library;
(h) payment to a block grant authority for its administrative expenses.
child with disabilities means:
(a) a child who has not reached school age and has been assessed by a person with relevant qualifications as having:
(i) intellectual impairment; or
(ii) sensory impairment; or
(iii) physical impairment; or
(iv) social and emotional impairment; or
(v) multiple impairments;
to a degree that would, if the child had reached school age, satisfy the criteria for enrolment in special education services, or special education programs, being services or programs provided by the government of a State; or
(b) a child with severe disabilities.
child with severe disabilities means:
(a) a child with disabilities who has attained school age and:
(i) for whom, because of his or her disabilities, enrolment at a school, at a government centre or at a non‑government centre is not appropriate; or
(ii) is enrolled at a school, at a government centre or at a non‑government centre but is unable, because of his or her disabilities, to receive a substantial part of the benefits ordinarily available to children enrolled at that school or centre; or
(b) a child with disabilities who has not attained school age but is likely, upon attaining that age, to be a person referred to in paragraph (a).
children in residential care means children who:
(a) are separated from their families for welfare, rehabilitation, corrective or medical purposes; and
(b) are living in establishments that provide programs that include one or more of the following services:
(i) counselling;
(ii) education;
(iii) guidance;
(iv) another service similar to a service mentioned in subparagraph (i), (ii) or (iii); and
(c) are participating in one of more of those programs.
co‑educational school means a school for both male and female students.
commencing day means the day on which this Act commenced.
community language means:
(a) an Aboriginal language; or
(b) the first language of people who have migrated to Australia;
but does not include English.
disadvantaged school :
(a) in relation to government schools, has the meaning given by section 5; or
(b) in relation to non‑government schools, has the meaning given by section 6.
early special education program for children with disabilities means a program carried out in relation to the education of children with disabilities who have not attained school age.
early years of schooling means:
(a) in relation to schooling in a State that has a year designated as the kindergarten year—the kindergarten year and years 1, 2 and 3; or
(b) in relation to schooling in any other State—the years of schooling that are equivalent to the kindergarten year and years 1, 2 and 3.
education in English as a second language for eligible new arrivals , in relation to a program year, means education that is provided for the purpose of teaching, by means of intensive instruction, the English language to persons who are eligible new arrivals in relation to that year.
eligible new arrival , in relation to a program year, means a person:
(a) who is:
(i) a permanent resident; or
(ii) the holder of a recognised temporary entry permit or recognised visa; and
(b) whose first language is a language (other than the English language) of a country other than Australia; and
(c) in relation to whom either of the following subparagraphs applies:
(i) the person arrived in Australia within 6 months before the start of the program year;
(ii) the person arrived in Australia within 18 months before the start of the program year and either:
(A) the person is receiving, or is enrolled to receive, primary education at a standard (however described) provided to persons in their first year of primary education; or
(B) the Minister is satisfied that the person is receiving intensive instruction in the English language and will, within a reasonable time after completing that instruction, be enrolled to receive primary education at a standard (however described) provided to persons in their first year of primary education.
ESL course means a course of instruction in English as a second language.
former Act means theStates Grants (Schools Assistance) Act 1988 .
funding level , in relation to a non‑systemic school or an approved school system for which financial assistance is provided under this Act in a program year, means the level of assistance set out in column 1 of the Part or each of the Parts of Schedule 4 that is applicable to the school or to the system in that year for the purpose of meeting recurrent expenditure.
general education in English as a second language means education that is provided to teach the English language to students:
(a) who are:
(i) permanent residents; or
(ii) holders of a recognised temporary entry permit or recognised visa; and
(b) whose first language is not English;
whether or not that education is provided with instruction for those students or other students in the culture of Aborigines or of people who have migrated to Australia.
geographically isolated area has the meaning given by section 13A.
government centre means a centre conducted by or on behalf of the Government of a State at which special education is provided.
government disadvantaged school means a government school that is a disadvantaged school.
government educational institution means an educational institution in a State:
(a) that is not a government school; and
(b) that is conducted by or on behalf of the government of the State; and
(c) at which a priority language may be studied at secondary level.
government rural student hostel means a rural student hostel in a State that provides accommodation for students at government schools in the State (whether or not it also provides accommodation for other students).
government school means a school in a State that is conducted by or on behalf of the Government of the State.
holder of a valid temporary entry permit has the same meaning as in theMigration Act 1958 .
integration activities means activities designed to integrate children with disabilities or students with disabilities into schools, or into other places of education approved by the Minister or the State Minister for the purposes of this definition, being schools or places of education at which education is provided for children or students other than children with disabilities or students with disabilities.
level of education has the meaning given by section 9.
list means the list of non‑government schools kept under section 17.
maximum number of students has the meaning given by section 10.
minimum number of students has the meaning given by section 11.
minor capital project means a capital project of a kind approved by the Minister for the purposes of this definition.
nominated authority means a body nominated by:
(a) an aggregation of non‑government schools under subsection 65A(1), 65B(1), 67A(1), 68A(1), 69A(1), 71A(1), 72B(1), 77(1) or 77B(1); or
(b) an aggregation of non‑systemic schools under section 84.
non‑government body means a body that is not managed or controlled by or on behalf of the Government of a State and, for the purposes of the references to non‑government rural student hostels in Division 1 of Part 5 and non‑government centres in section 69, includes a local government body.
non‑government centre means a centre in a State that:
(a) provides special education; and
(b) is conducted by a non‑government body; and
(c) is not conducted for profit; and
(d) is not a school.
non‑government disadvantaged school means a non‑government school that is a disadvantaged school.
non‑government rural student hostel means a rural student hostel in a State that:
(a) provides accommodation for students at schools in the State (whether or not it also provides accommodation for other students); and
(b) is conducted by a non‑government body.
non‑government school means a school in a State that is not conducted by or on behalf of the Government of the State, but does not include a school conducted for profit.
non‑government special school means a school in a State that:
(a) has been, or is likely to be, recognised by the State Minister as a special school; and
(b) provides special education; and
(c) is not conducted by, or on behalf of, the Government of the State; and
(d) is not conducted for profit.
non‑systemic disadvantaged school means a non‑systemic school that is a disadvantaged school.
non‑systemic school means a non‑government school that:
(a) is not included in an approved school system; and
(b) is included in the list as a non‑systemic school.
permanent resident means:
(a) an Australian citizen; or
(b) a person who holds an entry permit (other than a temporary entry permit) in force under the
Migration Act 1958 ; or(c) a person who is not an Australian citizen but has his or her permanent home in Christmas Island or the Cocos (Keeling) Islands.
prescribed country area has the meaning given by section 13.
program year means the program year 1993, the program year 1994, the program year 1995 or the program year 1996.
program year 1992 means the period of 12 months beginning on 1 January 1992.
program year 1993 means the period of 12 months beginning on 1 January 1993.
program year 1994 means the period of 12 months beginning on 1 January 1994.
program year 1995 means the period of 12 months beginning on 1 January 1995.
program year 1996 means the period of 12 months beginning on 1 January 1996.
recognised temporary entry permit means a valid temporary entry permit determined by the Minister to be a recognised temporary entry permit for the purposes of this Act.
recognised visa means a valid visa determined by the Minister to be a recognised visa for the purposes of this Act.
recurrent expenditure means expenditure relating to the ongoing operating costs of schools.
relevant institution means an institution involved in the provision of educational services, or educational support services, for students at risk, in co‑operation with government schools or in co‑operation with approved authorities of approved school systems or nominated authorities of aggregations of non‑government schools.
relevant Minister , in relation to the former Act or a provision of that Act, at a particular time, means (except in a reference to a State Minister) the Minister administering that Act or provision at that time.
rural student hostel means a hostel the primary purpose of which is to provide accommodation for students from rural areas who are undertaking education at schools, but does not include a hostel that is conducted for profit.
school includes a proposed school, but does not include a school at which education is provided at a standard (however described) that is pre‑school standard only.
school age , in relation to a child, means the age at which the child is first required to attend school under a law of the State in which the child lives.
schools census day , in relation to a program year in relation to a State, means the day in that year, being a day as close as possible to 1 August in that year, that the State Minister advises the Minister is the schools census day for that State for that year.
secondary means junior secondary or senior secondary.
special education means education under special programs designed specifically for children with disabilities or students with disabilities, or both.
special school means a school in a State that:
(a) has been, or is likely to be, recognised by the State Minister as a special school; and
(b) provides special education.
State includes:
(a) the Australian Capital Territory; and
(b) the Northern Territory.
State Minister means:
(a) in relation to a State other than the Australian Capital Territory or the Northern Territory—the Minister of the Crown of the State who is responsible, or primarily responsible, for the administration of matters relating to school education in the State; or
(b) in relation to the Australian Capital Territory—the Minister of the Australian Capital Territory who is responsible, or primarily responsible, for the administration of matters relating to school education in the Australian Capital Territory; or
(c) in relation to the Northern Territory—the Minister of the Northern Territory who is responsible, or primarily responsible, for the administration of matters relating to school education in the Northern Territory.
student at risk means a student who is at risk of not completing secondary education and is likely to be characterised by one or more of the following, namely, Aboriginality, family dislocation, ethnic background, homelessness or poverty.
student with disabilities means:
(a) a student who is attending a government school, government centre, non‑government school or non‑government centre and has been assessed by a person with relevant qualifications as having:
(i) intellectual impairment; or
(ii) sensory impairment; or
(iii) physical impairment; or
(iv) social and emotional impairment; or
(v) multiple impairments;
to a degree that satisfies the criteria for enrolment in special education services or special education programs, being services or programs provided by the government of the State in which the school or centre is located; or
(b) a child with severe disabilities.
systemic disadvantaged school means a systemic school that is a disadvantaged school.
systemic school means a non‑government school that:
(a) is included in an approved school system; and
(b) is included in the list as a systemic school.
temporary entry permit has the same meaning as in theMigration Act 1958 .
valid temporary entry permit has the same meaning as in theMigration Act 1958 .
valid visa has the same meaning as in theMigration Act 1958 .
(1) The Minister may make a determination approving a school at which at least 50% of the students are Aborigines to be an Aboriginal community school for the purposes of this Act.
(2) In making a determination under subsection (1) in respect of a school the Minister must have regard to:
(a) whether, having regard to the school’s organisation, management and curriculum, it originates from within a local Aboriginal community; and
(b) whether, having regard to the school’s organisation, management and curriculum, it is supported by a local Aboriginal community;
and may have regard to any other matters that the Minister considers relevant.
(1) Subject to subsection (2), the Minister may make a determination declaring a government school in a State to be a disadvantaged school for the purposes of this Act.
(2) The Minister must not declare a government school in a State to be a disadvantaged school if the Minister is of the opinion that the total number of students at schools in the State that are, or may become, government disadvantaged schools, is, or will be, at any time during a program year, greater than the approved maximum number of students for government disadvantaged schools in that State for that year.
(3) The Minister must determine, for each State, the number of students that is, for the purposes of this Act, the approved maximum number of students for government disadvantaged schools in the State for each program year, and must notify the State Minister of that number.
(4) If, in respect of a State, a ministerial determination is not in force in respect of any government schools in the State, the State Minister may nominate a government school in the State for which he or she is State Minister to be a disadvantaged school for the purposes of this Act.
(5) A State Government nomination operates until the Minister makes a determination under subsection (1) in respect of a government school in the State.
(1) Subject to subsection (2), the Minister may make a determination declaring a non‑government school in a State to be a disadvantaged school for the purposes of this Act.
(2) The Minister must not declare a non‑government school in a State to be a disadvantaged school if the Minister is of the opinion that the total number of students at schools in the State that are, or may become, non‑government disadvantaged schools, is, or will be, at any time during a program year, greater than the approved maximum number of students for non‑government disadvantaged schools in that State for that year.
(3) The Minister must determine, in relation to each State, the number of students that is, for the purposes of this Act, the approved maximum number of students for non‑government disadvantaged schools in the State for each program year.
(4) If:
(a) in respect of a State, a ministerial determination is not in force in respect of any non‑government schools in the State; and
(b) the Minister has made a determination under subsection 71A(1) authorising the payment to a State by way of financial assistance to the State for recurrent expenditure or for expenditure on minor capital projects for a program year (other than program year 1993) of:
(i) a nominated authority in connection with non‑government disadvantaged schools in the State; or
(ii) an approved authority of an approved school system in the State in connection with systemic disadvantaged schools in the State; or
(iii) non‑government disadvantaged schools;
the nominated authority or the approved authority may nominate a school to be a disadvantaged school in the State for the purposes of this Act.
(5) A nomination under subsection (4) operates until the Minister makes a determination under subsection (1) in respect of a non‑government school in the State.
For the purposes of this Act, if an object of a project, program or expenditure is to secure the adequate advancement of persons of one sex who require special assistance in order to ensure equal opportunity with persons of the other sex in education or training, the benefits of, or opportunities created by, the project, program or expenditure are taken to be equally available to males and females.
(1) Financial assistance under this Act is not to be provided to a State in respect of full fee paying private overseas students and those students are to be disregarded for the purposes of Part 3.
(2) In this section:
full fee paying private overseas student means a person in relation to whom all of the following paragraphs apply:
(a) the person is receiving primary education or secondary education at a school and, if the person is receiving primary education, the person started receiving that primary education at a school in Australia after 1989;
(b) the person is, within the meaning of the
Migration Act 1958 , the holder of a valid temporary entry permit (other than a recognised temporary entry permit);(c) the full cost of the person’s education at the school is being met by the person’s guardian, the person or the person together with the person’s guardian.
(1) The Minister may make a determination declaring, for the purposes of this Act, for education provided at schools generally, or at schools included in a particular class of schools, what is a level of primary education or a level of secondary education for a State.
(2) Without limiting the matters to which the Minister may have regard in making a determination under subsection (1), the Minister must have regard to the arrangements made for the provision of education at government schools in the State.
(3) The Minister must cause a copy of each determination under subsection (1) to be published in the
Gazette as soon as practicable after the determination is made.(4) A reference in this Act to a level of education at a school in a State includes a reference to a year in a course of primary or secondary education provided at the school at a level determined by the Minister under subsection (1) that applies to that school.
(1) If the Minister is empowered to make a determination specifying in the list a maximum number of students eligible for general recurrent funding for a school, or for a location for which the school is included in the list, the Minister may specify in the list for the school or the location any one or more of the following:
(a) a maximum number of primary students;
(b) a maximum number of junior secondary students;
(c) a maximum number of senior secondary students;
(d) a maximum number of special students.
(2) If a determination relating to the maximum number of primary, junior secondary, senior secondary or special students eligible for general recurrent funding for the whole of a school that is included in the list for 2 or more locations is in force, the Minister must not determine a maximum number of primary, junior secondary, senior secondary or special students, as the case may be, eligible for general recurrent funding for a location for which the school is included in the list.
(3) If a determination relating to the maximum number of primary, junior secondary, senior secondary or special students eligible for general recurrent funding for a location for which a school is included in the list is in force, the Minister must not determine a maximum number of primary, junior secondary, senior secondary or special students, as the case may be, eligible for general recurrent funding for the whole school.
(1) The Minister may make a determination declaring:
(a) in respect of a level, or a combination of levels, at which education is provided by schools generally, or by schools included in a particular class of schools; or
(b) in respect of special schools;
a number of students to be the minimum acceptable number of students for the purposes of this Act.
(2) The Minister must cause a copy of each determination under subsection (1) to be published in the
Gazette as soon as practicable after the determination is made.
A school is not taken to be providing education at a new or additional location if:
(a) the whole or a part of the school is relocated to a site adjacent to the site at which the school or the part of the school, as the case may be, provided education before the relocation; and
(b) education at that site is provided at the same levels at which it was provided at the school or at the part of the school, as the case may be, before the relocation.
If the Minister is of the opinion that the students, or a substantial number of the students, receiving primary or secondary education in a country area in a State would benefit from:
(a) a program of education designed to alleviate educational disadvantages as a result of restricted access to social and cultural activities and educational services; or
(b) an experimental program of education designed to improve methods of providing education to students in that country area;
the Minister may make a determination declaring the area to be a prescribed country area for the purposes of this Act.
(1) If, in respect of a State, a ministerial determination under section 13 is not in force, the State Minister may declare an area in the State for which he or she is the State Minister to be a geographically isolated area for that year for the purposes of this Act.
(2) The State Minister’s declaration operates until the Minister makes a determination under section 13 in respect of the State.
(1) A determination or approval by the Minister under this Act is to be in writing.
(2) The one instrument may contain one or more determinations or one or more approvals, or both, that the Minister is authorised under one or more provisions of this Act to make or give, whether the determinations or approvals relate to the same program year or to different program years.
(3) A determination or approval takes effect on the day on which the determination or approval was made or on the day specified for the purpose in the determination or approval.
(4) The day of effect of a determination may be a day before the making of the determination if the provision under or for the purposes of which the determination is made so permits.
(5) If a provision of this Act refers to a determination made, approval given or other act or thing done by the Minister and there is no other provision of this Act expressly authorising the Minister to make such a determination, give such an approval or do such an act or thing, the Minister is authorised by force of this subsection to make such a determination, give such an approval or do such an act or thing.
(6) In this Act, unless the contrary intention appears, a reference to a determination or approval by the Minister is a reference to such a determination or approval that is in force.
(1) The Minister:
(a) must not authorise a payment to a State under this Act for a non‑government body unless the relevant authority has made an agreement with the Commonwealth for the program year for which the payment is to be made, being an agreement of a kind determined by the Minister; and
(b) may refuse to authorise a payment to a State under this Act for a non‑government school, or for a non‑government school for a particular level of education, during any period when the school is not recognised, or is not recognised for that level of education, by the State Minister; and
(c) may refuse to authorise, or may delay, a payment to a State under this Act for the approved authority or nominated authority of a non‑government body if:
(i) the approved authority or nominated authority is a body corporate:
(A) that is being wound up; or
(B) in respect of whose property a receiver has been appointed; or
(C) whose affairs are under the control of a manager; or
(ii) in the case of an approved authority or nominated authority that is not a body corporate, it appears to the Minister that:
(A) the liabilities of the authority are substantially greater than its assets; or
(B) the authority is, and is likely to continue for a substantial period to be, unable to pay its debts as and when they fall due for payment.
(2) In this section:
non‑government body includes an approved school system, a systemic school, a non‑systemic school, a non‑government centre, an approved education centre or a non‑government rural student hostel.
relevant authority , in relation to a non‑government body, means:
(a) if the payment is for a capital project administered by a block grant authority—that block grant authority; or
(b) otherwise—the approved authority or nominated authority for the body.
(1) Financial assistance under this Act is not to be provided to a State for education at a particular level at a particular location at a non‑government school unless the school is included in the list for that level and location.
(2) Subsection (1) does not prohibit the provision of financial assistance to a State under section 53 or 69 for education at a particular level at a particular location at a school if the Minister has given provisional approval under Part 3 to the change that resulted or will result in the provision of education at that level and location or to the proposal that resulted or will result in the provision of education at that level and location at that school.
(1) The Minister must keep a list of non‑government schools for which financial assistance is provided under this Act.
(2) Subject to subsection (3), the list is to be kept in such manner as the Minister determines, which may be wholly or partly by means of a computer or any other electronic or other device.
(3) The list is to contain for each school included in the list:
(a) the name of the school; and
(b) whether or not the school is included in a approved school system; and
(c) if the school is included in an approved school system—the name of the system; and
(d) the address of each location at which the school provides education, being education for which financial assistance is provided under this Act; and
(e) a description of:
(i) the levels at which education is provided at the school, being levels of education for which financial assistance is provided under this Act; or
(ii) if more than one location is included under paragraph (d) for the school—the levels at which education is provided at each of those locations, being levels of education for which financial assistance is provided under this Act; and
(f) if the school is not included in an approved school system—the funding level of the school; and
(g) the maximum number of students (if any) eligible for general recurrent funding applicable to the school; and
(h) the minimum number of students applicable for a level of education, for a combination of levels of education, or for the school; and
(j) whether the school:
(i) is a single sex school or a co‑educational school; or
(ii) is solely a day school or is a school that provides boarding facilities.
(4) The Minister must, as soon as practicable after 1 January in each program year, cause the name and funding level of each non‑systemic school to be published in the
Gazette .
(1) Any variation of the list to be made under this Act is to be made by determination by the Minister.
(2) The Minister may, having regard to any significant change in the need of a non‑systemic school for financial assistance for recurrent expenditure of the school, vary the list by specifying a different funding level of the school.
(3) If a school in a State that is included in the list ceases to be recognised by the State Minister for a particular level of education, the Minister may vary the list by removing the reference to that level of education for the school.
(4) If a school in a State that is included in the list:
(a) ceases to be recognised by the State Minister; or
(b) becomes conducted for profit;
the Minister may vary the list by removing the name of the school from the list.
(5) If a non‑systemic school becomes a systemic school, or a systemic school becomes a non‑systemic school, the Minister may vary the list and the list of approved school systems to take account of the change.
(6) If a systemic school becomes a non‑systemic school, the Minister must, having regard to the need of the school for financial assistance, determine the funding level of the school and include in the list the level so determined.
(7) The Minister may vary the list:
(a) under another provision of this Act; or
(b) to correct clerical errors or to make alterations of a formal kind, including the removal from the list of the name of a school that has ceased to exist or of a reference to a level of education at a school that has ceased to provide education at that level.
(8) A variation under this section may be expressed to have taken effect from a day before the day on which the determination was made.
(9) If the Minister varies the list under this section, the Minister must give written notice to the relevant approved authority accordingly.
(1) The Minister must keep a list of approved school systems.
(2) Subject to subsection (3), the list of approved school systems is to be kept in such manner as the Minister determines, which may be wholly or partly by means of a computer or any other electronic or other device.
(3) The list of approved school systems is to contain the funding level of each system included in the list.
(4) The Minister must, as soon as practicable after 1 January in each program year, cause the name, the funding level and the names of the member schools, of each school system included in the list of approved school systems to be published in the
Gazette .
(1) Any variation of the list of approved school systems to be made under this Act is to be made by determination by the Minister.
(2) The Minister may vary the list of approved school systems to include a new school system that consists of non‑government schools in a State.
(3) If the Minister varies the list of approved school systems to include a school system, the Minister must, having regard to the need of the system for financial assistance, determine, and specify in the list of approved school systems, the funding level of the system.
(4) If:
(a) a significant change occurs in the need of an approved school system for financial assistance, being a change that occurred due to circumstances outside the control of the approved authority; or
(b) a school that is included in the list becomes part of an approved school system;
the Minister may vary the list of approved school systems by specifying a different funding level of the system.
(5) The Minister may vary the list of approved school systems:
(a) under another provision of this Act; or
(b) to correct clerical errors or to make alterations of a formal kind, including the removal from the list of approved school systems of the name of a school system that has ceased to exist.
(6) A variation under this section may be expressed to have taken effect from a day before the day on which the determination was made.
(7) If the Minister varies the list of approved school systems under this section, the Minister must give written notice to the relevant approved authority accordingly.
(1) Subject to subsection (2), this Division applies to a change as a result of which a systemic school or a non‑systemic school will:
(a) provide a new level of education at a location for which the school is already included in the list for the provision of another level of education; or
(b) amalgamate with another school that is included in the list if a level of education is to be provided at a location at which neither school provided that level of education before the change; or
(c) provide education at a new location in substitution for a previous location if the school provides education at the new location at the same level or levels as those at which the school provided education at the previous location; or
(d) provide a level of education at an additional location otherwise than as mentioned in paragraph (c); or
(e) separate into 2 or more schools if either or any of those schools is to be at an additional location; or
(f) in the case of a school that is included in the list in respect of a change to which any of the preceding paragraphs applied:
(i) separate into 2 or more schools; or
(ii) amalgamate with another school that is included in the list.
(2) If, in the case of a change referred to in paragraph (1)(d) in relation to a school, the additional location is more than 5 kilometres from:
(a) the location for which the school is included in the list; or
(b) if the school is included for more than one location, the first of those locations for which the school was included in the list or in a list of non‑government schools maintained under the former Act or any previous Act relating to the grant of financial assistance to schools;
the change is taken not to be a change to which this Division applies because of subsection (1) but is taken to be a proposal for a new school to which this Division applies because of section 22.
This Division applies to a proposal under which the approved authority of an approved school system or of a non‑systemic school seeks to have the list changed so that:
(a) a new school, or an existing school that is not included in the list, becomes included in the list; or
(b) the list recognises the amalgamation of a school that is included in the list with a school that is not included in the list.
(1) If the approved authority of an approved school system or of a non‑systemic school:
(a) proposes to make a change referred to in section 21; or
(b) makes a proposal referred to in section 22;
the authority must give to the Minister a written notice, in the approved form, setting out particulars of the proposed change or proposal.
(2) Subject to subsection (4), the approved authority must give the notice:
(a) if the change is intended to occur or the proposal is intended to take effect before 1 January 1998—not later than 2 years before 1 March in the year in which the change is intended to occur or the proposal is intended to take effect; or
(b) if the change is intended to occur or the proposal is intended to take effect on or after 1 January 1998—not later than 3 years before 31 October in the year in which the change is intended to occur or the proposal is intended to take effect.
(3) The Minister may, in special circumstances, allow the authority to give notice later than the day fixed under subsection (2).
(4) If the Minister allows the authority to submit a notice after the day fixed by subsection (2), the authority must give the notice not later than a day fixed by the Minister.
(1) If:
(a) an approved authority of an approved school system or a non‑systemic school has given notice under section 23 in respect of a change referred to in section 21 or a proposal referred to in section 22; and
(b) the change is intended to occur or the proposal is intended to take effect on or after 1 January 1998;
the authority may apply to the Minister, in the approved form, for provisional approval of the proposed change or proposal.
(2) If the approved authority has given notice under paragraph 23(2)(b), the application must be made by 1 March of the year following the year in which the notice was given.
(3) If the approved authority has given notice under subsection 23(4), the application must be made within 2 months after the last day the notice could be given under that subsection.
(1) If:
(a) as required by section 23, the approved authority of an approved school system or of a non‑systemic school has notified the Minister of a proposed change referred to in section 21; and
(b) the authority intends that the proposed change will take effect before 1 January 1998; and
(c) the Minister is satisfied that the clientele of the school after the change will not be significantly different from the clientele of the school before the change;
the Minister must give provisional approval to the change.
(2) If:
(a) as required by section 23, the approved authority of an approved school system or of a non‑systemic school has notified the Minister of a proposed change referred to in section 21; and
(b) the authority intends that the proposed change will take effect on or after 1 January 1998; and
(c) the authority has applied to the Minister for provisional approval in respect of the proposed change in the manner required by section 23A; and
(d) the Minister is satisfied that the clientele of the school after the change will not be significantly different from the clientele of the school before the change;
the Minister must give provisional approval to the change.
If:
(a) the approved authority of an approved school system or of a non‑systemic school:
(i) in the case of a change referred to in section 21 (other than a change to which section 24 applies) that is intended to occur, or a proposal referred to in section 22 that is intended to take effect, before 1 January 1998—has notified the Minister of the change or proposal in the manner required by section 23; or
(ii) in the case of such a change that is intended to occur, or of such a proposal that is intended to take effect, on or after 1 January 1998—has applied to the Minister for provisional approval in respect of the change or the proposal in the manner required by section 23A; and
(b) in the case of a change to which this section applies—the Minister is satisfied that the clientele of the school after the change will be significantly different from the clientele of the school before the change; and
(c) the Minister is satisfied that the change or proposal meets the eligibility criteria set out in section 26 or 27, as the case may be; and
(d) the Minister is satisfied that, having regard to the matters set out in section 28, the change or proposal should be approved;
the Minister must give provisional approval to the change or proposal.
The eligibility criteria referred to in paragraph 25(c) in relation to a proposed change referred to in paragraph 25(a) are that:
(a) such government and non‑government education authorities for the State in which the school is situated as the Minister considers appropriate have been given notice of the proposed change; and
(b) if the change is made, the school or schools after the change will have reasonable prospects of being recognised by the State Minister for the State in which the school is situated; and
(c) if the change is of the kind referred to in paragraph 21(1)(a) or (b)—the school has reasonable prospects of having, not later than the schools census day for the State in the year after the year in which the change is proposed to be initiated, a number of students enrolled at the relevant level that is not less than the minimum number of students for that level; and
(d) if the change involves the separation of the school into 2 or more schools—each of the schools that will emerge from the separation has reasonable prospects of having, not later than the schools census day for the State in the year after the year in which the change is proposed to be initiated, a number of students enrolled at each level at which education is provided at the school that is not less than the minimum number of students for that level.
The eligibility criteria referred to in paragraph 25(c) in relation to a proposal referred to in section 22 for a school are that:
(a) such government and non‑government education authorities for the State in which the school is situated as the Minister considers appropriate have been given notice of the proposal; and
(b) the school, or the school in so far as it provides education at a particular level or at a particular location, has reasonable prospects of being recognised by the State Minister; and
(c) the school, or the school in so far as it provides education at a particular level, has reasonable prospects of having, not later than the schools census day for the State in the year after the year in which the proposal is intended to take effect, a number of students enrolled at the relevant level that is not less than the minimum number of students for that level.
In deciding whether to give provisional approval to a proposed change to which section 25 applies, or to a proposal, in relation to a school, the Minister must have regard to:
(a) the plans (including the plans of the relevant government and non‑government education authorities) for the provision of education in the State, and in the locality, in which the school operates or will operate; and
(b) the past, current and projected characteristics of that locality so far as the provision of education is concerned; and
(c) the priority that the proposed change or proposal should, in the opinion of the Minister, be accorded in relation to funding from the Commonwealth.
(1) Subject to subsection (2), if:
(a) the approved authority of an approved school system or of a non‑systemic school makes a change referred to in section 21 in relation to a school; and
(b) the Minister has given provisional approval to the change; and
(c) the change is recognised by the State Minister of the State in which the school is situated; and
(d) if paragraph 26(c) or (d) is applicable and the change does not involve a progressive provision of secondary education referred to in subsection 29A(1)—the school or schools that emerge from the change have, not later than:
(i) the last day of the year in which the change is proposed to be initiated; or
(ii) the schools census day for the State in the next year;
a number of students enrolled at the relevant level that is not less than the minimum number of students for that level; and
(e) if the change consists of the amalgamation of a school with another school or the separation of a school into 2 or more schools—the school or schools that emerge from the change are not conducted for profit; and
(f) in the case of a non‑systemic school—the approved authority of the school is a body corporate;
the Minister must vary the list to take account of the change.
(2) The Minister must not vary the list under subsection (1) if a matter referred to in that subsection (other than paragraph (d)) occurs after the end of 2 years from the beginning of the year in which the change was proposed to be initiated unless the Minister is satisfied there are exceptional circumstances justifying the variation.
(1) This section applies if:
(a) the approved authority of an approved school system or of a non‑systemic school makes a change referred to in section 21 in relation to a school; and
(b) paragraph 26(c) or (d) applies to the change; and
(c) the change involves progressively providing a course of secondary education over a number of years in the school or schools that emerge from the change, so that the first year or years in the course begin in one year and the remaining later years in the course begin progressively in subsequent years until the complete course is being provided.
(2) Subject to subsection (3), if:
(a) the Minister has given provisional approval to the change; and
(b) the change is recognised by the State Minister of the State in which the school is situated; and
(c) the change consists of the amalgamation of a school with another school or the separation of a school into 2 or more schools—the school or schools that emerge from the change are not conducted for profit; and
(d) in the case of a non‑systemic school—the approved authority of the school is a body corporate; and
(e) the school or schools that emerge from the change have, not later than:
(i) the last day of the year in which the change is proposed to be initiated; or
(ii) the schools census day for the State in the next year;
a number of students enrolled in the first year or years of the course that is not less than the minimum number of students for that level;
the Minister must vary the list to reflect the change in respect of the first year or years of education in the course.
(3) The Minister must not vary the list if a matter referred to in subsection (2) (other than paragraph (e) of that subsection) occurs after the end of 2 years from the beginning of the year in which the change was proposed to be initiated, unless the Minister is satisfied that there are exceptional circumstances justifying the variation.
(4) If, in subsequent years, the school or schools that have emerged continue progressively to attain, by a day not later than the schools census day in the State in each of those years, a number of students enrolled for a subsequent year of education in the course that is not less than the minimum number of students for that level, the Minister must vary the list to reflect the change in respect of the new years of education.
(1) Subject to subsection (2), if:
(a) the Minister has given provisional approval to a proposal referred to in section 22 in relation to a school; and
(b) the change involved in the proposal is recognised by the State Minister of the State in which the school is situated; and
(ba) the change does not involve a progressive provision of secondary education referred to in subsection 30A(1); and
(c) the school has, not later than:
(i) the last day of the year in which the proposal is intended to take effect; or
(ii) the schools census day for the State in the next year;
a number of students enrolled at the relevant level that is not less than the minimum number of students for that level; and
(d) the school is not conducted for profit; and
(e) in the case of a non‑systemic school—the approved authority of the school is a body corporate;
the Minister must vary the list to take account of the change involved in the proposal.
(2) The Minister must not vary the list under subsection (1) in relation to a school if a matter referred to in that subsection (other than paragraph (c)) occurs after the end of 2 years from the beginning of the year in which financial assistance was sought for the school unless the Minister is satisfied there are exceptional circumstances justifying the variation.
(1) This section applies if:
(a) the Minister has given provisional approval to a proposal referred to in section 22 in relation to a school; and
(b) the proposal involves progressively providing a course of secondary education over a number of years in the school that emerges from the change involved in the proposal so that the first year or years in the course begin in one year and the remaining later years in the course begin progressively in subsequent years until the complete course is being provided.
(2) Subject to subsection (3), if:
(a) the change involved in the proposal is recognised by the State Minister of the State in which the school is situated; and
(b) the school is not conducted for profit; and
(c) in the case of a non‑systemic school—the approved authority of the school is a body corporate; and
(d) the school has, not later than:
(i) the last day in the year in which the proposal is intended to take effect; or
(ii) the schools census day for the State in the next year;
a number of students enrolled in the first year or years of the course that is not less than the minimum number of students for that level;
the Minister must vary the list to reflect the change involved in the proposal in respect of the first year or years of education in the course.
(3) The Minister must not vary the list in relation to a school if a matter referred to in subsection (2) (other than paragraph (d)) occurs at the end of 2 years from the beginning of the year in which financial assistance was sought for the school, unless the Minister is satisfied there are exceptional circumstances justifying the variation.
(4) If, in subsequent years, the school that emerges continues progressively to attain, by a day not later than the schools census day in the State in each of those years, a number of students enrolled for each subsequent year of education in the course that is not less than the minimum number of students at that level, the Minister must vary the list to reflect the change involved in the proposal in respect of the new years of education.
If:
(a) the approved authority of an approved school system or of a non‑systemic school has notified the Minister of a proposal for a new school; and
(b) the notice specified a proposed temporary location for the school as well as a proposed permanent location;
the following provisions have effect:
(c) the Minister may vary the list to take account of the proposal for the temporary location but, if such a variation is made, the Minister must specify in the list a maximum number of students for the school for the temporary location (not being a number greater than the maximum number of students that the Minister would specify under section 44 for the permanent location);
(d) if the approved authority notifies the Minister of a proposed change of the temporary location of the school to another temporary location, the Minister may vary the list under paragraph (c) to take account of the proposed change;
(e) if the Minister varies the list under section 30 to take account of the proposal for the permanent location, the Minister may vary the list so as to remove the name of the school from the list for the temporary location;
(f) if the Minister has not varied the list under section 30 to take account of the proposal for the permanent location within the period referred to in subsection 30(2), the Minister may vary the list so as to reduce the maximum number of students specified for the school for the temporary location (including a variation to nil) with effect from a specified date.
(1) If the Minister:
(a) varies the list to take account of a change of the kind referred to in paragraph 21(1)(b), (e) or (f); or
(b) varies the list to take account of the change involved in a proposal to which this Division applies by including in the list a non‑systemic school in so far as it provides education at a particular level or location;
the Minister must determine the funding level of the school having regard to the need of the school for financial assistance, and include in the list the level so determined.
(2) A funding level determined under subsection (1) for a new non‑systemic school or a non‑systemic school that was not included in the list before the variation, other than:
(a) a special school; or
(b) an Aboriginal community school; or
(c) a school the proposal for which was provisionally approved before 25 May 1988 under the
States Grants (Schools Assistance) Act 1984 ; or(d) a school the proposal for which was refused provisional approval before 25 May 1988 under the
States Grants (Schools Assistance) Act 1984 if that decision is later reversed;must be any of the levels 1 to 6 stated in column 1 of Schedule 4 and no other level, and the level so determined must not, at any time, be increased to a level greater than level 6 set out in that column.
(3) This section has effect subject to section 33.
(1) If:
(a) the funding level of a non‑systemic school is confined to a level or levels not greater than level 6 in column 1 of Schedule 4; and
(b) the school has been in receipt of financial assistance for recurrent expenditure under this Act or the former Act for not less than 5 years;
the approved authority of the school may apply to the Minister, in the approved form, for the funding level of the school to be reassessed.
(2) The Minister must consider an application made under subsection (1) and, having regard to any significant change in the need of the school for financial assistance, may determine a funding level of the school at any of the levels in column 1 of Schedule 4 and include in the list the level so determined.
(3) A determination under subsection (2):
(a) is not to be expressed to take effect from a day earlier than 1 January next following the end of the period of 5 years referred to in subsection (1); but
(b) subject to paragraph (a), may be expressed to have taken effect from a day before the day on which the determination is made.
If:
(a) the approved authority of an approved school system or of a non‑systemic school makes a change to which this Division applies in relation to a school; and
(b) the Minister had not given provisional approval to that change;
the Minister may remove the name of the school from the list.
(1) If:
(a) the approved authority of an approved school system or of a non‑systemic school proposes to make a change, or makes a proposal, to which this Division applies; and
(b) the Minister decides that he or she is not satisfied that provisional approval should be given to the change or the proposal;
the Minister must, by written notice given to the approved authority, tell the authority of the decision, stating the reasons for the decision and inviting the authority to make, within such reasonable period as is stated in the notice, submissions in relation to the change or proposal.
(2) If the approved authority of an approved school system or of a non‑systemic school makes submissions under subsection (1), the Minister must reconsider the decision, taking those submissions into account, and must give written notice to the authority of the decision on reconsideration and of the reasons for that decision.
In the Minister makes a determination under this Division, the Minister must give written notice to the relevant approved authority of the determination and of the reasons for the determination.
A determination under this Division may be expressed to have taken effect from a day before the day on which the determination was made but not before the commencing day.
This Division applies to a change as a result of which a systemic school or a non‑systemic school will:
(a) change from a solely day school to a school that provides boarding facilities; or
(b) change from a school that provides boarding facilities to a solely day school; or
(c) amalgamate with another school that is included in the list if a new level of education is not to be provided at a location at which either school provided a level of education before the change; or
(d) separate into 2 or more schools if neither or none of those schools is to be at an additional location.
(1) If the approved authority of an approved school system or of a non‑systemic school proposes to make a change referred to in section 38, the authority must give to the Minister a written notice:
(a) setting out, in the approved form, particulars of the proposed change; and
(b) requesting the Minister to vary the list to take account of the proposed change.
(2) The notice must be given:
(a) not later than 1 July in the year before the year in which the change is intended to occur; or
(b) if the Minister, in special circumstances, has allowed the notice to be given after the day fixed under paragraph (a)—not later than a day fixed by the Minister.
(1) Subject to subsection (2), if:
(a) the approved authority of an approved school system or of a non‑systemic school has notified the Minister under section 39 of a proposed change referred to in section 38; and
(b) the change is recognised by the State Minister of the State in which the school is situated; and
(c) in the case of a change that consists of the amalgamation of a school with another school or the separation of a school into 2 or more schools—the school or schools that will emerge from the change are not conducted for profit; and
(d) in the case of a change that consists of the separation of a school into 2 or more schools—each of the schools that will emerge from the change has, not later than:
(i) the last day of the year in which the change is proposed to be initiated; or
(ii) the schools census day for the State in the next year;
a number of students enrolled at the relevant level that is not less than the minimum number of students for that level; and
(e) in the case of a change that relates to a non‑systemic school—the approved authority of the school is a body corporate;
the Minister must vary the list to take account of the change.
(2) The Minister must not vary the list under subsection (1) if a matter referred to in that subsection occurs after the end of 2 years from the beginning of the year in which the change was proposed to be initiated unless the Minister is satisfied there are exceptional circumstances justifying the variation.
If the Minister varies the list to take account of a change of the kind referred to in paragraph 38(c) or (d), the Minister must determine the funding level of the school having regard to the need of the school for financial assistance, and include in the list the level so determined.
If the Minister makes a determination under this Division, the Minister must give written notice to the relevant approved authority of the determination.
A determination under this Division may be expressed to have taken effect from a day before the day on which the determination was made but not before the commencing day.
(1) If the Minister varies the list under section 29, 29A, 30 or 30A in relation to a school, the Minister may make a determination varying the list by:
(a) specifying in the list for the school, or for a location for which the school is included in the list, a maximum number of students eligible for general recurrent funding; or
(b) if such a maximum number is already specified in the list—varying that number.
(2) If:
(a) an approved authority makes a change to which Division 1 applies in relation to a school; and
(b) the authority did not notify the Minister of the proposed change in the manner required by section 23;
the Minister may make a determination varying the list by:
(c) specifying in the list for the school, or for a location for which the school is included in the list, a maximum number of students eligible for general recurrent funding; or
(d) if such a maximum number is already specified in the list—varying that number.
(3) If the Minister makes a determination under this section, the Minister must give written notice to the relevant approved authority of the decision.
(4) A variation of the list under this section may be expressed to have taken effect from a day before the day on which the determination was made.
(1) If:
(a) a maximum number of students eligible for general recurrent funding is specified in the list for a systemic school or a non‑systemic school or for a location for which the school is included in the list; and
(b) the authority wishes the Minister to increase or decrease the specified number on or after 1 January 1998;
the authority must give to the Minister a written notice in the approved form setting out particulars of the proposed variation.
(2) The approved authority must give the notice:
(a) not later than 3 years before 31 October in the year in which the variation is intended to occur; or
(b) if the Minister, in special circumstances, has allowed the authority to give notice after the day fixed under paragraph (a)—not later than a day fixed by the Minister.
(1) If:
(a) a maximum number of students eligible for general recurrent funding is specified in the list for a systemic school or a non‑systemic school or for a location for which a school is included in the list; and
(b) the authority wishes the Minister to increase or decrease the specified number before 1 January 1998;
the approved authority may apply to the Minister in the approved form for a variation of the list so as to increase or decrease the number so specified.
(2) If:
(a) a maximum number of students eligible for general recurrent funding is specified in the list for a systemic school or a non‑systemic school or for a location for which a school is included in the list; and
(b) the authority wishes the Minister to increase or decrease the number so specified on or after 1 January 1998; and
(c) an approved authority has given notice under section 44A in respect of a systemic school or a non‑systemic school or in respect of a location for which a school is included in the list;
the authority may apply to the Minister in the approved form for a variation of the list so as to increase or decrease the maximum number of students so specified.
(2A) An application under subsection (1) must be made:
(a) not later than 2 years before 1 March in the year in which the proposed variation would take effect; or
(b) if the Minister, in special circumstances, has allowed the authority to give a notice after the day fixed under paragraph (a)—not later than a day fixed by the Minister.
(2B) If the approved authority has given notice under paragraph 44A(2)(a), the application must be made by 1 March in the year following the year in which notice was given.
(2C) If the approved authority has given notice under paragraph 44A(2)(b), the application must be made within 2 months after the last day the notice could be given under that paragraph.
(3) If:
(a) the Minister receives an application under subsection (1) or subsection (2) from an approved authority for a proposed variation of the list for a school; and
(b) the Minister is satisfied that the clientele of the school after the variation will not be significantly different from the clientele of the school before the variation;
the Minister must vary the list in accordance with the application.
(4) If:
(a) the Minister receives an application under subsection (1) or subsection (2) from an approved authority for a proposed variation of the list for a school; and
(b) the Minister is satisfied that the clientele of the school after the variation will be significantly different from the clientele of the school before the variation; and
(c) the Minister is satisfied that:
(i) the appropriate government and non‑government education authorities for the State in which the school is situated have been given notice of the proposed variation; and
(ii) having regard to the matters set out in subsection (5), the variation should be made;
the Minister must vary the list in accordance with the application.
(5) In deciding whether to make a variation of the list under subsection (4) in relation to a school, the Minister must have regard to:
(a) the plans (including the plans of the relevant government and non‑government education authorities) for the provision of education in the State, and in the locality, in which the school operates; and
(b) the past, current and projected characteristics of that locality so far as the provision of education is concerned; and
(c) the priority that the proposed variation should, in the opinion of the Minister, be accorded for funding from the Commonwealth.
(6) If:
(a) the Minister receives an application, under subsection (1) or subsection (2), from an approved authority for a proposed variation of the list in relation to a school; and
(b) the Minister decides that he or she is not satisfied that the list should be varied in accordance with the application;
the Minister must, by written notice given to the authority, tell the authority of the decision, stating the reasons for the decision and inviting the approved authority to make, within such reasonable period as is stated in the notice, submissions in relation to the proposed variation.
(7) If the approved authority of an approved school system or of a school makes submissions for a proposed variation after being invited to do so under subsection (6), the Minister must reconsider the decision, taking those submissions into account, and give written notice to the authority of the decision on reconsideration and of the reasons for the decision.
(8) If the Minister makes a determination under this section, the Minister must give written notice to the relevant approved authority of the decision and of the reasons for the decision.
(9) A variation of the list under this section may be expressed to have taken effect from a day before the day on which the determination was made.
(1) Subject to subsection (2), if the number of students enrolled at a particular level, or at a particular combination of levels, at a systemic or non‑systemic school in a State, being a school that is included in the list for the provision of education at that level or those levels, is less than the minimum number of students for that level or that combination of levels, as the case may be, on the schools census day for that State in a program year, the Minister may vary the list by:
(a) removing the name of the school from the list; or
(b) including the school in the list only in so far as it provides education at a particular level.
(2) If the Minister proposes to take action under this section in relation to a school, the Minister must, by written notice given to the approved authority, tell the authority of the proposed action, stating the reasons for the proposed action and inviting the approved authority, to make, if it considers that there is a special justification for the low enrolment, within such reasonable period as is set out in the notice, submissions in relation to the proposed action.
(3) If the approved authority makes submissions under subsection (2), the Minister must reconsider the decision to take action under this section, taking those submissions into account, and must give written notice to the approved authority of the decision on reconsideration and of the reasons for the decision.
(1) If, in respect of a systemic or non‑systemic school that has emerged from a change referred to in section 21 or a proposal referred to in section 22:
(a) the Minister has made a variation to the list of a kind referred to in subsection 29A(2) or 30A(2) in respect of the first year or years in a course of secondary education; and
(b) in one of the subsequent years after the variation was made (but while the school is still extending into providing a full course of secondary education), the Minister cannot make a further variation to the list of a kind referred to in subsection 29A(4) or 30A(4) because the number of students enrolled in a later year of education in the course is less than the minimum number of students for that year of education on the schools census day for that State in a program year;
the Minister may make a determination varying the list by removing the name of the school from the list so far as it provides education at that secondary education level.
(2) If the Minister proposes to take action under this section in relation to a school, the Minister must, by written notice given to the approved authority, tell the authority of the proposed action.
(3) The notice must state the reasons for the proposed action and invite the authority to make, if it considers that there is a special justification for the low enrolment, within such reasonable period as is set out in the notice, submissions in relation to the proposed action.
(4) If the approved authority makes submissions, the Minister must reconsider the decision to take action under this section, taking those submissions into account.
(5) The Minister must give to the authority written notice of the decision on reconsideration and the reasons for it.
(1) Subject to this section, the Minister may make a determination authorising the payment to a State of an amount by way of financial assistance to the State for a program year, for capital projects in connection with government schools or government rural student hostels, or both, in the State.
(2) The total amount paid to a State under subsection (1) for a program year for projects other than projects that are designed to assist the retention of secondary level students must not be greater than the amount set out opposite to the name of the State in column 2 of the Part of Schedule 1 that relates to that year.
(3) The total amount paid to a State under subsection (1) for program year 1993 for projects designed to assist the retention of secondary level students must not be greater than the amount set out opposite to the name of the State in column 3 of Part 1 of Schedule 1.
(4) The Minister must not authorise a payment to a State under this section for a program year unless the State has made an agreement with the Commonwealth for that year, being an agreement of a kind determined by the Minister that sets out conditions on which financial assistance is granted to the State under this section.
(5) Financial assistance is granted to a State under this section:
(a) on the conditions set out in the agreement; and
(b) on the additional conditions applicable under section 50.
(1) The Minister may make a determination approving for the program year 1993 a capital project relating to the refurbishing of government secondary schools.
(2) The Minister may make a determination authorising the payment to a State, by way of financial assistance to the State for expenditure for the program year 1993 for a project approved under subsection (1), of an amount for the project.
(3) The total amount paid to a State under subsection (2) for projects must not be greater than the amount set out opposite to the name of the State in column 4 of the Part of Schedule 1 that relates to the program year.
(4) The Minister must not authorise a payment to a State under subsection (2) unless the State has made an agreement with the Commonwealth for the program year 1993, being an agreement of a kind determined by the Minister that sets out conditions on which financial assistance is granted to the State under subsection (2).
(5) Financial assistance is granted to a State under this section:
(a) on the conditions set out in the agreement; and
(b) on the additional conditions applicable under section 50.
(1) Subject to subsection (3), the Minister may make a determination authorising the payment to a State under this section, by way of financial assistance to the State for recurrent expenditure of government schools in the State for a program year, of an amount that is not greater than the sum of the amounts worked out using the following formulas:
(a) (b) .
(2) In the formulas in subsection (1):
Part 1 amount means the amount set out in the column of Part 1 of Schedule 2 that relates to the program year.
Number of primary students means the number of students (including the full‑time equivalent of part‑time students) receiving primary education at government schools in the State on the schools census day for the State for the program year or on such other day as the Minister, in special circumstances, determines.
Part 2 amount means the amount set out in the column of Part 2 of Schedule 2 that relates to the program year.
Number of secondary students means the number of students (including the full‑time equivalent of part‑time students) receiving secondary education at government schools in the State on the schools census day for the State for the program year or on such other day as the Minister, in special circumstances, determines.
(3) The Minister must not authorise a payment to a State under this section for a program year unless the State has made an agreement with the Commonwealth for that year, being an agreement of a kind determined by the Minister that sets out conditions on which financial assistance is granted to the State under this section.
(4) Financial assistance is granted to a State under this section:
(a) on the conditions set out in the agreement; and
(b) on the additional conditions applicable under section 50.
(1) In addition to any conditions specified in an agreement under this Part, financial assistance is granted to a State under a provision of this Part for a program year on the condition that, if the State does not fulfil a condition specified in the agreement with respect to that grant within the time (if any) stated for fulfilment of the condition:
A declaration made by the relevant Minister under section 4A of the former Act and in force immediately before the commencing day is taken to be a determination made by the Minister under this Act for the purposes of the definition of
recognised temporary entry permit in section 3 of this Act.
A declaration made by the relevant Minister under section 4AA of the former Act and in force immediately before the commencing day is taken to be a determination made by the Minister under this Act for the purposes of the definition of
recognised visa in section 3 of this Act.
(1) The list of languages made by the relevant Minister that was in existence under subsection 4B(1) of the former Act immediately before the commencing day is taken to be a list made by the Minister under subsection 85(1) of this Act.
(2) A declaration made by a State Minister under subsection 4B(4) of the former Act and in force immediately before the commencing day is taken to be a determination made by the relevant State Minister under subsection 85(4) of this Act.
The list of non‑government schools that was maintained by the relevant Minister immediately before the commencing day under section 6 of the former Act (
the previous list ) is taken to be the list kept by the Minister under subsection 17(1) of this Act.
If:
(a) a school is included in the list because of section 132; and
(b) immediately before the commencing day a maximum number of students was specified for the school, or for the school for a particular location other than a temporary location, in the previous list; and
(c) the maximum number was one or more of the following:
(i) a maximum number of primary students;
(ii) a maximum number of junior secondary students;
(iii) a maximum number of senior secondary students;
(iv) a maximum number of special students; and
(d) the maximum number took effect before the commencing day;
that maximum number is taken not to have been specified in the previous list immediately before the commencing day for those students for the school, or for the school for that location, as the case may be.
The list of approved schools that was maintained by the relevant Minister immediately before the commencing day under section 7 of the former Act (
the previous list of approved school systems ) is taken to be the list of approved school systems kept by the Minister under subsection 19(1) of this Act.
(1) If:
(a) the Minister has, before the commencement of this Act, carried out a review of the funding levels of non‑systemic schools; and
(b) as a result of that review the Minister decided that the funding level of a non‑systemic school that is included in the list because of section 132 should be a different funding level (
the new funding level ) from the funding level of that school that was specified in the previous list;the Minister may vary the list by specifying for that school, with effect on and from the commencing day, the new funding level as the funding level of that school in lieu of the funding level that, apart from this section, would be specified in the list for that school.
(2) If:
(a) the Minister has, before the commencement of this Act, carried out a review of the funding levels of approved school systems; and
(b) as a result of that review the Minister decided that the funding level of an approved school system that is included in the list of approved school systems because of section 134 should be a different funding level (
the new funding level ) from the funding level of that system that was specified in the previous list of approved school systems;the Minister may vary the list of approved school systems by specifying for that system, with effect on and from the commencing day, the new funding level as the funding level of that system in lieu of the funding level that, apart from this section, would be specified in the list of approved school systems for that system.
(3) If, as a result of a variation made by the Minister under subsection (1) or (2) in respect of a non‑systemic school or an approved school system, the amount that, apart from this subsection, would be the Part 1 amount applicable for the school or system under section 55 for the 1993 program year is less than the amount (
the guaranteed amount ) that would have been the Part 1 amount applicable for the school or system under that section for that program year if the variation had not been made, the Part 1 amount applicable for the school or system under that section for the 1993 program year or any later program year is to be:
(a) the amount that, apart from this subsection, would be the Part 1 amount applicable for the school or system under that section for the program year concerned; or
(b) the guaranteed amount;
whichever is the greater.
(4) If, as a result of a variation made by the Minister under subsection (1) or (2) in respect of a non‑systemic school or an approved school system, the amount that, apart from this subsection, would be the Part 2 amount applicable for the school or system under section 55 for the 1993 program year is less than the amount (
the guaranteed amount ) that would have been the Part 2 amount applicable for the school or system under that section for that program year if the variation had not been made, the Part 2 amount applicable for the school or system under that section for the 1993 program year or any later program year is to be:
(a) the amount that, apart from this subsection, would be the Part 2 amount applicable for the school or system under that section for the program year concerned; or
(b) the guaranteed amount;
whichever is the greater.
If:
(a) a notice of a change of a kind referred to in subsection 8(2), or of a proposal of a kind referred to in subsection 8(3), of the former Act was given to the relevant Minister under subsection 8(4) of that Act by the approved authority of an approved school system or of a non‑systemic school; and
(b) the Minister had not before the commencing day given a provisional approval under subsection 8(5) or (6) of that Act to the proposed change or to the proposal;
the notice is taken for the purposes of this Act to be a notice given under section 23 or 39, as the case may be, of this Act.
(1) If the relevant Minister gave a provisional approval under subsection 8(5) of the former Act to a proposed change of a kind referred to in section 21 of this Act but did not before the commencing day make a determination under subsection 8(10) of the former Act to take account of the change, the provisional approval is taken to have been given under section 24 of this Act.
(2) If the relevant Minister gave a provisional approval under subsection 8(6) of the former Act to a proposed change of a kind referred to in section 21 of this Act (other than a change to which subsection 8(5) of the former Act applied) or to a proposal of a kind referred to in section 22 of this Act but did not before the commencing day make a determination under subsection 8(10) or (12) of the former Act to take account of the change or the change involved in the proposal, the provisional approval is taken to have been given under section 25 of this Act.
(1) If the relevant Minister gave notice to an approved authority of an approved school system or of a non‑systemic school under subsection 8(17) of the former Act in relation to a change or a proposal of a kind referred to in section 21 or 22 of this Act but had not before the commencing day made a decision in respect of the change or proposal under subsection 8(18) of the former Act:
(a) the notice is taken for the purposes of this Act to be a notice given under section 35 of this Act; and
(b) any submissions made by the approved authority are taken for those purposes to be made under that section.
(2) If the notice related to a change and the Minister reconsiders the decision to which the notice relates and gives provisional approval to the change, subsection 21(2) does not apply in relation to the change.
Sections 47 and 48
$ | $ | $ | |
New South Wales | 67,177,000 | 4,175,000 | 20,931,000 |
Victoria | 48,005,000 | 3,064,000 | 15,854,000 |
Queensland | 35,823,000 | 1,904,000 | 9,808,000 |
Western Australia | 19,699,000 | 987,000 | 5,270,000 |
South Australia | 16,813,000 | 904,000 | 4,417,000 |
Tasmania | 5,910,000 | 369,000 | 1,911,000 |
Australian Capital Territory | 3,680,000 | — | 1,261,000 |
Northern Territory | 2,445,000 | 103,000 | 548,000 |
Total | 199,552,000 | 11,506,000 | 60,000,000 |
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Section 49
$ | $ | $ | $ |
319 | 336 | 343 | 343 |
$ | $ | $ | $ |
472 | 497 | 507 | 507 |
Section 53
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Section 55
$ | $ | $ | $ | |
1 | 423 | 445 | 454 | 454 |
2 | 565 | 594 | 606 | 606 |
3 | 707 | 744 | 759 | 759 |
4 | 860 | 904 | 923 | 923 |
5 | 997 | 1,055 | 1,085 | 1,092 |
6 | 1,106 | 1,169 | 1,201 | 1,209 |
7 | 1,216 | 1,286 | 1,319 | 1,328 |
8 | 1,334 | 1,411 | 1,449 | 1,459 |
9 | 1,425 | 1,521 | 1,575 | 1,598 |
10 | 1,514 | 1,620 | 1,683 | 1,713 |
11 | 1,607 | 1,727 | 1,800 | 1,836 |
12 | 1,701 | 1,833 | 1,918 | 1,964 |
$ | $ | $ | $ | |
1 | 671 | 706 | 721 | 721 |
2 | 892 | 938 | 957 | 957 |
3 | 1,034 | 1,087 | 1,109 | 1,109 |
4 | 1,356 | 1,426 | 1,455 | 1,455 |
5 | 1,452 | 1,537 | 1,580 | 1,590 |
6 | 1,614 | 1,707 | 1,753 | 1,764 |
7 | 1,775 | 1,878 | 1,926 | 1,937 |
8 | 1,952 | 2,067 | 2,121 | 2,135 |
9 | 2,088 | 2,230 | 2,308 | 2,342 |
10 | 2,212 | 2,367 | 2,458 | 2,504 |
11 | 2,346 | 2,521 | 2,626 | 2,680 |
12 | 2,486 | 2,681 | 2,802 | 2,870 |
Section 59
$ | $ | $ | $ |
499,000 | 524,000 | 534,000 | 534,000 |
Section 60A
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Sections 62 to 69
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 | Column 8 |
| State | Grants for general education in English as a second language provided at or in connection with government schools | Grants for general education in English as a second language provided at or in connection with non‑government schools | Amount per eligible new arrival | Grants for special education in government schools and centres | Grants for special education in non‑government schools and centres | Grants for special education intervention support | Grants for capital projects for children and students with disabilities in non‑government schools and centres |
$ | $ | $ | $ | $ | $ | $ | |
New South Wales | 16,647,000 | 8,185,911 | 8,855,000 | 7,782,000 | 5,223,000 | ||
Victoria | 12,847,000 | 7,730,655 | 6,327,000 | 7,633,000 | 4,334,000 | ||
Queensland | 3,744,000 | 1,765,756 | 4,721,000 | 3,340,000 | 3,286,000 | ||
Western Australia | 3,271,000 | 1,708,445 | 2,596,000 | 2,137,000 | 1,535,000 | ||
South Australia | 3,286,000 | 1,267,615 | 2,216,000 | 1,654,000 | 1,360,000 | ||
Tasmania | 432,000 | 152,320 | 779,000 | 538,000 | 506,000 | ||
Australian Capital Territory | 816,000 | 419,160 | 485,000 | 488,000 | 276,000 | ||
Northern Territory | 842,000 | 371,138 | 322,000 | 199,000 | 206,000 | ||
Total | 41,885,000 | 21,601,000 | 2,722 | 26,301,000 | 23,771,000 | 16,726,000 | 3,915,000 |
Sections 62 to 69B and section 78A
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 | Column 8 | Column 9 | Column 10 |
| State | Grants for general education in English as a second language provided at or in connection with government schools | Grants for general education in English as a second language provided at or in connection with non‑government schools | Amount per eligible new arrival | Grants for special education in government schools and centres | Grants for special education in non‑government schools and centres | Grants for intervention support | Grants for capital projects in connection with special education in non‑government schools and centres | Grants for capital projects for children and students with disabilities in non‑government centres | Grants for transition support programs |
$ | $ | $ | $ | $ | $ | $ | $ | $ | |
New South Wales | 17,496,000 | 8,520,000 | 9,363,000 | 8,229,000 | 5,449,000 | ||||
Victoria | 13,502,000 | 8,174,000 | 6,606,000 | 7,992,000 | 4,537,000 | ||||
Queensland | 3,935,000 | 1,872,000 | 4,963,000 | 3,509,000 | 3,504,000 | ||||
Western Australia | 3,438,000 | 1,820,000 | 2,735,000 | 2,223,000 | 1,612,000 | ||||
South Australia | 3,453,000 | 1,403,000 | 2,321,000 | 1,741,000 | 1,423,000 | ||||
Tasmania | 454,000 | 189,000 | 813,000 | 568,000 | 536,000 | ||||
Australian Capital Territory | 858,000 | 436,000 | 509,000 | 513,000 | 295,000 | ||||
Northern Territory | 885,000 | 289,000 | 332,000 | 208,000 | 223,000 | ||||
Total | 44,021,000 | 22,703,000 | 2,861 | 27,642,000 | 24,983,000 | 17,579,000 | 2,300,000 | 1,666,000 | 2,178,000 |
Sections 62 to 69B and section 78A
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 | Column 8 | Column 9 | Column 10 |
| State | Grants for general education in English as a second language provided at or in connection with government schools | Grants for general education in English as a second language provided at or in connection with non‑government schools | Amount per eligible new arrival | Grants for special education in government schools and centres | Grants for special education in non‑government schools and centres | Grants for special education intervention support | Grants for capital projects in connection with special education in non‑government schools and centres | Grants for capital projects for children and students with disabilities in non‑government centres | Grants for transition support programs |
$ | $ | $ | $ | $ | $ | $ | $ | $ | |
New South Wales | 17,846,000 | 8,690,000 | 9,592,000 | 8,398,000 | 5,564,000 | ||||
Victoria | 13,772,000 | 8,338,000 | 6,665,000 | 8,059,000 | 4,593,000 | ||||
Queensland | 4,013,000 | 1,909,000 | 5,114,000 | 3,643,000 | 3,613,000 | ||||
Western Australia | 3,507,000 | 1,856,000 | 2,814,000 | 2,298,000 | 1,645,000 | ||||
South Australia | 3,522,000 | 1,431,000 | 2,338,000 | 1,773,000 | 1,445,000 | ||||
Tasmania | 463,000 | 193,000 | 820,000 | 577,000 | 544,000 | ||||
Australian Capital Territory | 875,000 | 445,000 | 513,000 | 519,000 | 299,000 | ||||
Northern Territory | 903,000 | 295,000 | 339,000 | 216,000 | 228,000 | ||||
Total | 44,901,000 | 23,157,000 | 2,919 | 28,195,000 | 25,483,000 | 17,931,000 | 2,351,000 | 1,703,000 | 2,222,000 |
Sections 62 to 69B and sections 78A and 78B
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 | Column 8 | Column 9 | Column 10 | Column 11 |
| State | Grants for general education in English as a second language provided at or in connection with government schools | Grants for general education in English as a second language provided at or in connection with non‑government schools | Amount per eligible new arrival | Grants for special education in government schools and centres | Grants for special education in non‑government schools and centres | Grants for special education intervention support | Grants for capital projects in connection with special education in non‑government schools and centres | Grants for capital projects for children and students with disabilities in non‑government centres | Grants for transition support programs | Grants for non‑government special schools to assist students with disabilities |
$ | $ | $ | $ | $ | $ | $ | $ | $ | $ | |
New South Wales | 17,846,000 | 8,690,000 | 9,621,000 | 8,370,000 | 5,546,000 | |||||
Victoria | 13,772,000 | 8,338,000 | 6,624,000 | 8,015,000 | 4,568,000 | |||||
Queensland | 4,013,000 | 1,909,000 | 5,133,000 | 3,699,000 | 3,655,000 | |||||
Western Australia | 3,507,000 | 1,856,000 | 2,840,000 | 2,318,000 | 1,652,000 | |||||
South Australia | 3,522,000 | 1,431,000 | 2,312,000 | 1,773,000 | 1,445,000 | |||||
Tasmania | 463,000 | 193,000 | 815,000 | 575,000 | 540,000 | |||||
Australian Capital Territory | 875,000 | 445,000 | 507,000 | 515,000 | 294,000 | |||||
Northern Territory | 903,000 | 295,000 | 343,000 | 218,000 | 231,000 | |||||
Total | 44,901,000 | 23,157,000 | 2,919 | 28,195,000 | 25,483,000 | 17,931,000 | 2,351,000 | 1,703,000 | 1,037,000 | 3,216,000 |
Sections 70 to 73
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
| State | Grants for disadvantaged government schools | Grants for disadvantaged non‑government schools | Grants for schools in prescribed country areas | Grants for enhancing literacy and learning |
$ | $ | $ | $ | |
New South Wales | 19,673,000 | 3,268,000 | 3,711,000 | 2,127,000 |
Victoria | 13,846,000 | 3,590,000 | 2,194,000 | 1,619,000 |
Queensland | 6,605,000 | 732,000 | 3,562,000 | 678,000 |
Western Australia | 5,561,000 | 625,000 | 2,620,000 | 573,000 |
South Australia | 4,913,000 | 414,000 | 1,543,000 | 497,000 |
Tasmania | 2,401,000 | 122,000 | 514,000 | 234,000 |
Australian Capital Territory | 52,000 | 18,000 | ||
Northern Territory | 1,187,000 | 78,000 | 551,000 | 117,000 |
Total | 54,238,000 | 8,847,000 | 14,695,000 | 5,845,000 |
Note: Grants for enhancing literacy and learning cease from end of 1993.
Sections 70 to 72B
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
| State | Grants for disadvantaged government schools | Grants for disadvantaged non‑government schools | Grants for government schools in prescribed country areas or geographically isolated areas | Grants for non‑government schools in prescribed country areas or geographically isolated areas |
$ | $ | $ | $ | |
New South Wales | 20,674,000 | 3,435,000 | 3,467,000 | 432,000 |
Victoria | 14,552,000 | 3,773,000 | 1,992,000 | 315,000 |
Queensland | 6,942,000 | 769,000 | 3,298,000 | 446,000 |
Western Australia | 5,845,000 | 657,000 | 2,343,000 | 411,000 |
South Australia | 5,164,000 | 435,000 | 1,605,000 | 16,000 |
Tasmania | 2,521,000 | 131,000 | 512,000 | 28,000 |
Australian Capital Territory | 55,000 | 19,000 | ||
Northern Territory | 1,248,000 | 82,000 | 574,000 | 5,000 |
Total | 57,001,000 | 9,301,000 | 13,791,000 | 1,653,000 |
Note: Grants for schools in prescribed country areas (Column 4) in 1993 has changed to Grants for government schools in geographically isolated areas (Column 4) and Grants for non‑government schools in geographically isolated areas (Column 5) in 1994, 1995 and 1996.
Sections 70 to 72B
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
| State | Grants for disadvantaged government schools |
Grants for disadvantaged non‑government schools | Grants for government schools in prescribed country areas or geographically isolated areas | Grants for non‑government schools in prescribed country areas or geographically isolated areas | ||
$ | $ | $ | $ | |
New South Wales | 21,087,000 | 3,503,000 | 3,505,000 | 473,000 |
Victoria | 14,843,000 | 3,848,000 | 2,032,000 | 321,000 |
Queensland | 7,081,000 | 785,000 | 3,364,000 | 455,000 |
Western Australia | 5,962,000 | 670,000 | 2,390,000 | 419,000 |
South Australia | 5,267,000 | 444,000 | 1,637,000 | 16,000 |
Tasmania | 2,572,000 | 134,000 | 522,000 | 29,000 |
Australian Capital Territory | 56,000 | 19,000 | ||
Northern Territory | 1,273,000 | 84,000 | 585,000 | 5,000 |
Total | 58,141,000 | 9,487,000 | 14,035,000 | 1,718,000 |
Note: Grants for schools in prescribed country areas (Column 4) in 1993 has changed to Grants for government schools in geographically isolated areas (Column 4) and Grants for non‑government schools in geographically isolated areas (Column 5) in 1994, 1995 and 1996.
Sections 70 to 72B
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
| State | Grants for disadvantaged government schools | Grants for disadvantaged non‑government schools | Grants for government schools in prescribed country areas or geographically isolated areas | Grants for non‑government schools in prescribed country areas or geographically isolated areas |
$ | $ | $ | $ | |
New South Wales | 20,748,000 | 3,447,000 | 3,424,000 | 461,000 |
Victoria | 14,604,000 | 3,787,000 | 1,985,000 | 314,000 |
Queensland | 6,967,000 | 772,000 | 3,287,000 | 444,000 |
Western Australia | 5,866,000 | 659,000 | 2,335,000 | 410,000 |
South Australia | 5,182,000 | 437,000 | 1,599,000 | 16,000 |
Tasmania | 2,530,000 | 131,000 | 510,000 | 28,000 |
Australian Capital Territory | 55,000 | 19,000 | ||
Northern Territory | 1,253,000 | 82,000 | 572,000 | 5,000 |
Total | 57,205,000 | 9,334,000 | 13,712,000 | 1,678,000 |
Note: Grants for schools in prescribed country areas (Column 4) in 1993 has changed to Grants for government schools in geographically isolated areas (Column 4) and Grants for non‑government schools in geographically isolated areas (Column 5) in 1994, 1995 and 1996.
Sections 74 to 78
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 | Column 8 |
| Year | Grants for national projects in prescribed country areas | Grants for national projects enhancing literacy and learning | Grants for students at risk in government schools | Grants for students at risk in non‑government schools | Grants for national projects for gifted and talented students | Grants for projects fostering literacy in early years of schooling at government schools | Grants for projects fostering literacy in early years of schooling at non‑government schools |
$ | $ | $ | $ | $ | $ | $ | |
1993 | 3,561,000 | 1,669,000 | 5,180,000 | 2,072,000 | 1,036,000 | ||
1994 | 3,743,000 | 1,754,000 | 5,444,000 | 2,178,000 | 1,089,000 | ||
1995 | 1,789,000 | 5,156,000 | 2,063,000 | 1,111,000 | 6,666,000 | 2,208,000 | |
1996 | 5,156,000 | 2,063,000 | Nil | 6,666,000 | 2,208,000 |
Sections 79 to 81
Column 1 | Column 2 | Column 3 | Column 4 |
| Year | Amounts per eligible year 11 or Year 12 mathematics or physics student | Amounts per student with disabilities in a government primary school | Amounts per student with disabilities in a government secondary school |
$ | $ | $ | |
1993 | 315 | 64 | 95 |
1994 | 327 | 68 | 100 |
1995 | 344 | 70 | 102 |
1996 | Nil | 70 | 102 |
Sections 87, 88, 89 and 94
$ | $ | $ | |
New South Wales | 2,669,000 | 813,000 | |
Victoria | 1,807,000 | 2,998,000 | |
Queensland | 494,000 | 295,000 | |
Western Australia | 283,000 | 139,000 | |
South Australia | 378,000 | 118,000 | |
Tasmania | 20,000 | 4,000 | |
Australian Capital Territory | 82,000 | 86,000 | |
Northern Territory | 30,000 | ||
Total | 315 | 5,763,000 | 4,453,000 |
Sections 87, 88, 89 and 94
$ | $ | $ | |
New South Wales | 2,805,000 | 855,000 | |
Victoria | 1,899,000 | 3,151,000 | |
Queensland | 519,000 | 310,000 | |
Western Australia | 298,000 | 146,000 | |
South Australia | 397,000 | 124,000 | |
Tasmania | 21,000 | 4,000 | |
Australian Capital Territory | 86,000 | 90,000 | |
Northern Territory | 32,000 | ||
Total | 327 | 6,057,000 | 4,680,000 |
Sections 93A, 93B and 94
$ | $ | $ | |
New South Wales | 2,861,000 | 872,000 | |
Victoria | 1,937,000 | 3,214,000 | |
Queensland | 529,000 | 316,000 | |
Western Australia | 309,000 | 149,000 | |
South Australia | 405,000 | 127,000 | |
Tasmania | 21,000 | 4,000 | |
Australian Capital Territory | 88,000 | 92,000 | |
Northern Territory | 33,000 | ||
Total | 4,080,000 | 6,178,000 | 4,774,000 |
Sections 93A, 93B and 94
$ | $ | $ | |
New South Wales | 2,861,000 | 872,000 | |
Victoria | 1,937,000 | 3,214,000 | |
Queensland | 529,000 | 316,000 | |
Western Australia | 309,000 | 149,000 | |
South Australia | 405,000 | 127,000 | |
Tasmania | 21,000 | 4,000 | |
Australian Capital Territory | 88,000 | 92,000 | |
Northern Territory | 33,000 | ||
Total | 4,080,000 | 6,178,000 | 4,774,000 |
Sections 100 and 102
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The
Act | Number and year | Date of Assent | Date of commencement | Application, saving or transitional provisions |
160, 1992 | 11 Dec 1992 | 1 Jan 1993 | ||
19, 1994 | Royal Assent | Parts 2‑6 (ss. 3‑32): 1 Jan 1994 Remainder: Royal Assent | — | |
| ||||
| 43, 1996 | 25 Oct 1996 | Schedule 3 (item 69): 10 Feb 1994 | — |
29, 1995 | Royal Assent | Ss. 1, 2, 4‑14, 36(2), 37 and 38: Royal Assent Ss. 3(b), 20, 23, 27(b), 33(a), (c), and 35 (items 3, 4, 10, 11): 1 Jan 1994 Ss. 18, 19, 22, 35 (items 1, 2, 5) and 36(1): 1 Jan 1993 Remainder: 1 Jan 1995 | Ss. 37, 38 | |
| ||||
| 43, 1996 | 25 Oct 1996 | Schedule 3 (item 70): 7 Apr 1995 | — |
154, 1995 | 16 Dec 1995 | Ss. 3 and 4: 1 Jan 1996 Remainder: Royal Assent | — | |
13, 1996 | 14 June 1996 | 1 July 1996 | — | |
152, 1997 | 24 Oct 1997 | Schedule 2 (item 1219): 1 Jan 1998 ( | — |
(a) TheStates Grants (Primary and Secondary Education Assistance) Amendment Act 1994 was amended by Schedule 3 (item 69) only of theStatute Law Revision Act 1996 , subsection 2(3) of which provides as follows:
“(3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item receives the Royal Assent.”
(b) TheStates Grants (Primary and Secondary Education Assistance) Amendment Act 1995 was amended by Schedule 3 (item 70) only of theStatute Law Revision Act 1996 , subsection 2(3) of which provides as follows:
“(3) Each item in Schedule 3 is taken to have commenced when the Act containing the provision amended by the item receives the Royal Assent.”
(c) TheStates Grants (Primary and Secondary Education Assistance) Act 1992 was amended by Schedule 2 (item 1219) only of theAudit (Transitional and Miscellaneous) Amendment Act 1997 , subsection 2(2) of which provides as follows:
“(2) Schedules 1, 2 and 4 commence on the same day as the
Financial Management and Accountability Act 1997 .”
am. = amended rep. = repealed rs. = repealed and substituted | |
Provision affected | How affected |
S. 3......................................... | am. No. 19, 1994; Nos. 29 and 154, 1995 |
Ss. 5, 6................................... | am. No. 19, 1994 |
S. 13A.................................... | ad. No. 19, 1994 |
S. 15....................................... | am. No. 19, 1994 |
S. 17....................................... | am. No. 19, 1994 |
S. 23....................................... | rs. No. 29, 1995 |
S. 23A.................................... | ad. No. 29, 1995 |
S. 24....................................... | rs. No. 29, 1995 |
S. 25....................................... | am. No. 29, 1995 |
S. 29....................................... | am. No. 29, 1995 |
S. 29A.................................... | ad. No. 29, 1995 |
S. 30....................................... | am. No. 29, 1995 |
S. 30A.................................... | ad. No. 29, 1995 |
S. 39....................................... | rs. No. 29, 1995 |
S. 44....................................... | am. No. 29, 1995 |
S. 44A.................................... | ad. No. 29, 1995 |
S. 45....................................... | am. No. 29, 1995 |
S. 46A.................................... | ad. No. 29, 1995 |
S. 47....................................... | am. No. 19, 1994 |
Heading to Part 5................... | rs. No. 19, 1994 |
S. 51....................................... | am. No. 29, 1995 |
Ss. 52, 53............................... | am. No. 19, 1994 |
S. 55....................................... | am. No. 19, 1994 |
| ad. No. 19, 1994 |
S. 60A.................................... | ad. No. 19, 1994 |
am. No. 29, 1995 | |
S. 60B.................................... | ad. No. 19, 1994 |
S. 60C.................................... | ad. No. 19, 1994 |
am. No. 29, 1995 | |
Heading to Div. 4 of Part 5...... | am. No. 19, 1994 |
S. 61....................................... | am. No. 19, 1994 |
S. 62....................................... | am. No. 19, 1994; No. 29, 1995 |
S. 63....................................... | am. No. 19, 1994 |
Ss. 64, 65............................... | am. No. 29, 1995 |
S. 65A.................................... | ad. No. 19, 1994 |
am. No. 29, 1995 | |
S. 65B.................................... | ad. No. 19, 1994 |
S. 66....................................... | am. No. 19, 1994 |
S. 67A.................................... | ad. No. 19, 1994 |
am. Nos. 29 and 154, 1995 | |
S. 68....................................... | am. No. 29, 1995 |
S. 68A.................................... | ad. No. 19, 1994 |
am. No. 29, 1995 | |
S. 69....................................... | am. No. 19, 1994 |
Ss. 69A‑69C........................... | ad. No. 19, 1994 |
S. 70....................................... | am. No. 19, 1994 |
S. 71A.................................... | ad. No. 19, 1994 |
S. 72....................................... | am. No. 29, 1995 |
S. 72A.................................... | ad. No. 19, 1994 |
am. No. 29, 1995 | |
S. 72B.................................... | ad. No. 19, 1994 |
S. 74....................................... | am. No. 19, 1994 |
Ss. 75, 76............................... | am. No. 19, 1994; No. 29, 1995 |
S. 77....................................... |
|
Ss. 77A‑77C........................... | ad. No. 29, 1995 |
am. No. 154, 1995 | |
S. 78....................................... | am. No. 19, 1994 |
S. 78A.................................... | ad. No. 19, 1994 |
S. 78B.................................... | ad. No. 154, 1995 |
S. 79....................................... | am. Nos. 19 and 154, 1994 |
S. 83....................................... | am. No. 29, 1995 |
S. 84....................................... | am. No. 19, 1994; No. 29, 1995 |
S. 85....................................... | am. No. 29, 1995 |
S. 85A.................................... | ad. No. 29, 1995 |
Heading to Div. 2 of Part 7...... | am. No. 29, 1995 |
Ss. 87, 88............................... | am. No. 29, 1995 |
S. 89....................................... | am. No. 19, 1994; No. 29, 1995 |
S. 93....................................... | am. No. 19, 1994 |
| ad. No. 29, 1995 |
Ss. 93A‑93G........................... | ad. No. 29, 1995 |
Ss. 98, 99............................... | am. No. 29, 1995 |
S. 106..................................... | am. No. 29, 1995 (as am. by No. 43, 1996) |
S. 107..................................... | rs. No. 19, 1994 |
S. 109..................................... | am. No. 19, 1994 |
S. 115..................................... | am. No. 152, 1997 |
Schedules 1, 2....................... | rs. No. 19, 1994; Nos. 29 and 154, 1995 |
Schedule 3............................. | rs. No. 19, 1994; Nos. 29 and 154, 1995 |
am. No. 13, 1996 | |
Schedules 4, 5....................... | rs. No. 19, 1994; Nos. 29 and 154, 1995 |
Schedule 5A........................... | ad. No. 19, 1994 |
rs. Nos. 29 and 154, 1995 | |
Schedule 6............................. | rs. No. 19, 1994 |
am. No. 29, 1995 | |
rs. Nos. 29 and 154, 1995 | |
Schedules 7‑11....................... | rs. No. 19, 1994; Nos. 29 and 154, 1995 |
0
0
0