States Grants (Schools Assistance) Act 1984 (Cth)
PART I—PRELIMINARY
Section
1. Short title
2. Commencement
3. Interpretation
4. Schools and areas with respect to which special provision is made, &c.
5. Determination of levels of funding for eligible new arrivals
6. List of systemic schools and list of approved school systems
7. List of non-systemic schools
8. Movement of schools between lists
PART II—GOVERNMENT SCHOOLS PROGRAMS
9. Grants for building projects and equipment projects in connection with government schools
10. Limits on grants under section 9
11. Grants for recurrent expenditure in connection with government schools
12. Minister may, in certain circumstances, authorize grants for purpose of other provisions
13. Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with government schools
14. Limits on grants under section 13
15. Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with government schools
16. Grants for expenditure in connection with government disadvantaged schools
17. Limits on grants under section 16
18. Grants for expenditure in connection with special education at government schools, &c.
TABLE OF PROVISIONS—
Section
19. Limits on grants under section 18
20. Grants for expenditure in connection with programs of computer education at government schools, &c.
21. Limits on grants under section 20
22. Grants for expenditure in connection with programs of basic learning at government schools, &c.
23. Limits on grants under section 22
24. Additional conditions to which grants of financial assistance under Part subject
PART III—NON-GOVERNMENT SCHOOLS PROGRAMS
25. Approval of building projects and equipment projects in connection with non-government schools
26. Grants for building projects and equipment projects in connection with non-government schools
27. Limits on grants under section 26, &c.
28. Grants for recurrent expenditure of systemic schools
29. Grants for recurrent expenditure of non-systemic schools
30. Minister may, in certain circumstances, authorize grants for purposes of other provisions
31. Additional grants for schools in need of short-term emergency assistance
32. Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with systemic schools
33. Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with non-systemic schools
34. Limits on grants under sections 32 and 33
35. Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with systemic schools
36. Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with non-systemic schools
37. Grants for expenditure of systemic disadvantaged schools
38. Grants for expenditure of non-systemic disadvantaged schools
39. Limits on grants under sections 37 and 38
40. Grants on expenditure in connection with special education at non-government schools, &c.
41. Limits on grants under section 40
42. Approval of programs of computer education in connection with non-government schools
43. Grants for programs of computer education in connection with systemic schools
44. Grants for programs of computer education in connection with non-systemic schools
45. Limits on grants under sections 43 and 44
46. Approval of programs of basic learning in connection with non-government schools
47. Grants for programs of basic learning in connection with systemic schools
48. Grants for programs of basic learning in connection with non-systemic schools
49. Limits on grants under sections 47 and 48
50. Additional condition to which grants of financial assistance under Part subject, &c.
PART IV—SUPPLEMENTARY GRANTS FOR BUILDING AND EQUIPMENT PROJECTS AT SCHOOLS SERVING PREDOMINANTLY ABORIGINAL COMMUNITIES
51. Approval of building projects and equipment projects in connection with schools serving predominantly Aboriginal communities
52. Grants for building projects and equipment projects in connection with schools serving predominantly Aboriginal communities
53. Limits on grants under section 52
PART V—JOINT GOVERNMENT AND NON-GOVERNMENT SCHOOLS PROGRAMS
54. Grants for recurrent expenditure in connection with multicultural education
55. Limits on grants under section 54
TABLE OF PROVISIONS—
Section
56. Approval of multicultural education projects of national significance
57. Grants for expenditure in relation to approved multicultural education projects of national significance
58. Limit on grants under section 57
59. Approved ethnic schools authorities
60. Approval of programs of ethnic education and determination of levels of funding
61. Grants for approved programs of ethnic education
62. Grants for expenditure in connection with the education of students receiving primary education or secondary education in prescribed country areas
63. Limits on grants under section 62
64. Grants for recurrent expenditure in connection with the education of children residing in residential institutions
65. Limits on grants under section 64
66. Grants for expenditure in relation to approved programs for education of severely handicapped children
67. Limits on grants under section 66
68. Approvals of programs of early special education
69. Grants for expenditure in relation to early special education programs for handicapped children
70. Limits on grants under sub-sections 69 (1) and (2)
71. Grants for recurrent expenditure in connection with approved professional development activities
72. Limits on grants under section 71
73. Grants for expenditure of approved education centres
74. Limit on grants under section 73
75. Approval of projects or programs of national significance
76. Grants for expenditure in relation to projects or programs of national significance
77. Limit on grants under section 76
78. Additional conditions to which grants of financial assistance under Part subject
PART VI—MISCELLANEOUS
79. Minister may fix amounts, and times of payments, of financial assistance
80. Amounts payable by the States to the Commonwealth
81. Amounts of payments authorized may be reduced
82. Advances
83. Variation of Schedules 6 and 12
84. Payments to be made out of Consolidated Revenue Fund or Loan Fund
85. Authority to borrow
86. Application of moneys borrowed
87. Reimbursement of Consolidated Revenue Fund from Loan Fund
88. Appropriation
89. Delegation by Minister
90. Determinations to be in writing, &c.
91. Report by Minister
92. Regulations
PART VII—AMENDMENTS OF THE STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1983
93. Principal Act
94. Determination of levels of funding for eligible new arrivals
95. Grants for expenditure in connection with programs of computer education at government schools, &c.
96. Limits on grants under section 17
97. Approval of programs of computer education in connection with non-government schools
98. Grants for programs of computer education in connection with systemic schools
99. Grants for programs of computer education in connection with non-systemic schools
100. Limits on grants under sections 37 and 38
TABLE OF PROVISIONS—
Section
101. Grants for building projects and equipment projects in connection with schools serving predominantly Aboriginal communities
102. Approval of programs of ethnic education and determination of levels of funding
103. Repeal of section 70
104. Substitution of Schedules
105. Payments made before Royal Assent
SCHEDULE 1
GOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS
SCHEDULE 2
GOVERNMENT SCHOOLS—RECURRENT EXPENDITURE
SCHEDULE 3
GOVERNMENT SCHOOLS—GENERAL EDUCATION IN ENGLISH AS A SECOND LANGUAGE
SCHEDULE 4
DISADVANTAGED SCHOOLS AND PRESCRIBED COUNTRY AREAS
SCHEDULE 5
SPECIAL EDUCATION (INCLUDING INTEGRATION ACTIVITIES)
SCHEDULE 6
GOVERNMENT SCHOOLS—COMPUTER EDUCATION
SCHEDULE 7
PROGRAMS OF BASIC LEARNING
SCHEDULE 8
NON-GOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS
SCHEDULE 9
NON-GOVERNMENT SCHOOLS—RECURRENT EXPENDITURE
SCHEDULE 10
NON-GOVERNMENT SCHOOLS—SUPPLEMENTARY ESTABLISHMENT GRANTS
SCHEDULE 11
MISCELLANEOUS GRANTS
SCHEDULE 12
NON-GOVERNMENT SCHOOLS—COMPUTER EDUCATION
SCHEDULE 13
MULTICULTURAL EDUCATION
TABLE OF PROVISIONS—
SCHEDULE 14
RESIDENTIAL INSTITUTIONS AND SEVERELY HANDICAPPED CHILDREN
SCHEDULE 15
EARLY SPECIAL EDUCATION
SCHEDULE 16
PROFESSIONAL DEVELOPMENT ACTIVITIES
SCHEDULE 17
NEW SCHEDULES TO BE SUBSTITUTED FOR SCHEDULES TO STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1983
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BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
“approved authority”, in relation to an approved school system, a non-government school, a non-government body administering a project in connection with a government school, a non-systemic school or a non-government centre, when referred to in a provision of this Act, means the person or body that the Minister declares to be the approved authority of that school system, of that school, of that
non-government body or of that centre, as the case may be, for the purposes of that provision;
“approved education centre” means an education centre approved by the Minister under sub-section 4 (6);
“approved ethnic schools authority” means a body approved by the Minister under section 59;
“approved professional development activities” means—
(a) in-service teacher training;
(b) inquiries into the feasibility of providing support services for government schools and non-government schools in a State, or the planning of such support services; or
(c) activities the purpose of which is to improve communication and understanding between teachers at government schools and teachers at non-government schools in a State, other persons employed at, or associated with the administration of, those schools, and students, and parents of students, at, and other members of the community interested in education at, those schools;
“approved school system” means a school system in a State, or in a part of a State, that consists of non-government schools and that the Minister declares, by notice in writing, to be an approved school system for the purposes of this Act;
“building” includes part of a building;
“building project” includes—
(a) the investigation of the need for—
(i) schools, or schools of particular kinds, in a State or a part of a State; or
(ii) a building or other facilities;
(b) the purchase of land, with or without buildings;
(c) the planning, erection, alteration or extension of a building or other facilities;
(d) the development or preparation of land for building or other purposes; and
(e) the installation of water, electricity or other services;
“certificate by an authorized person”, in relation to a condition contained in a section of this Act that requires a certificate to be furnished by a State to the Commonwealth Education Minister, means a certificate signed by the person authorized by the State Education Minister for the State to sign that certificate;
“certificate by a person who is a qualified accountant” means a certificate signed by—
(a) a person who is registered as a company auditor or a public accountant under a law in force in a State or Territory;
(b) a member of the Institute of Chartered Accountants in Australia or the Australian Society of Accountants; or
(c) a person approved by the Minister as a qualified accountant for the purposes of this Act;
“child” includes young person;
“co-educational school” means a school the students at which comprise, or, in the case of a proposed school, are to comprise, both male students and female students;
“commencing day” means the day on which this Act receives the Royal Assent;
“Commonwealth Education Minister” means the Minister;
“Commonwealth Schools Commission” means the Commonwealth Schools Commission established by the
Commonwealth Schools Commission Act 1973; “disadvantaged school” means—
(a) a government school in a State that the State Education Minister for the State notifies the Commonwealth Education Minister, under sub-section 4 (1), is a school that should, in the opinion of the State Education Minister, be treated as a disadvantaged school for the purposes of this Act; or
(b) a non-government school in a State that the Minister declares, under sub-section 4 (2), to be a disadvantaged school for the purposes of this Act;
“developing area” means a geographical area that is, in accordance with criteria determined under sub-section (19), a developing area for the purposes of this Act;
“early special education program for handicapped children”, in relation to a State, means a program that is being, or is to be, carried out by or in the State for, or in connection with, the education of handicapped children who have not attained the age at which children are required by a law of the State to attend school;
“education centre” means a body corporate, or a body of persons that the Minister is satisfied will, during the year 1985, become a body corporate—
(a) the members, or a majority of the members, of the governing body of which are persons employed as teachers at government schools or non-government schools;
(b) the sole or 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) which is not conducted for the profit, direct or indirect, of an individual or individuals;
“education in English as a second language for eligible new arrivals” means education that is provided for the purpose of teaching, by means of intensive instruction, the English language to eligible new arrivals;
“eligible new arrival” means a person whose first language is a language (not being the English language) of a country other than Australia and who arrived in Australia after 31 July 1984;
“equipment project” means a project for or in relation to the provision of equipment, library material or furniture and includes a project for obtaining services or goods relating to the cataloguing of a library;
“general education in English as a second language” means education that is provided—
(a) for the purpose of teaching the English language to students whose first language is a language other than the English language; and
(b) for the purpose of giving instruction to those students and other students in relation to the culture of peoples of the Aboriginal race of Australia or of peoples who have migrated to Australia;
“government centre” means a centre in a State providing special education that is conducted by or on behalf of the Government of the State;
“government disadvantaged school” means a government primary school, or a government secondary school, that is a disadvantaged school;
“government primary school” means—
(a) a government school at which primary education is provided or a proposed government school at which primary education is to be provided; or
(b) in the case of a government school at which primary education, and education other than primary education, are provided—that school in so far as it provides primary education;
“government school” means a school in a State that is conducted, or proposed to be conducted, by or on behalf of the Government of the State;
“government secondary school” means—
(a) a government school at which secondary education is provided or a proposed government school at which secondary education is to be provided; or
(b) in the case of a government school at which secondary education, and education other than secondary education, are provided—that school in so far as it provides secondary education;
“in-service teacher training” means teacher training of persons in employment as teachers at government schools or non-government schools;
“integration activities” means activities the purpose of which is to integrate handicapped children into schools, or other places of education approved by the Minister for the purposes of this definition, at which education is provided for children other than handicapped children;
“library material” includes books, periodicals, computer software, newspapers, films, sound recordings, musical scores, maps, plans, pictures, photographs and prints;
“multicultural education” means education, not being education contained in a program of ethnic education, that—
(a) is provided for students attending government schools or non-government schools; and
(b) is designed to take account of the culture of peoples of the Aboriginal race of Australia or of peoples who have migrated to Australia,
including, without limiting the generality of the foregoing, education that is provided by way of instruction in languages (other than the English language) spoken by those peoples;
“non-government body” means a body that is not managed or controlled by or on behalf of the Government of a State or of the Northern Territory;
“non-government centre” means a centre in a State providing special education that is not conducted by or on behalf of the Government of the State, but does not include a centre conducted for the profit, direct or indirect, of an individual or individuals;
“non-government disadvantaged school” means a school that is a systemic disadvantaged school or a non-systemic disadvantaged school;
“non-government primary school” means—
(a) a non-government school in a State at which primary education is provided or a proposed non-government school in a State at which primary education is to be provided; or
(b) in the case of a non-government school in a State at which primary education, and education other than primary education, are provided—that school in so far as it provides primary education;
“non-government school” means a school in a State that is not conducted, or proposed to be conducted, by or on behalf of the Government of the State, but does not include a school conducted, or proposed to be conducted, for the profit, direct or indirect, of an individual or individuals;
“non-government secondary school” means—
(a) a non-government school in a State at which secondary education is provided or a proposed non-government school in a State at which secondary education is to be provided; or
(b) in the case of a non-government school in a State at which secondary education, and education other than secondary education, are provided—that school in so far as it provides secondary education;
“non-systemic disadvantaged school” means a non-systemic school that is a disadvantaged school;
“non-systemic school” means a non-government primary school, or a non-government secondary school—
(a) that is not included in an approved school system; and
(b) that is included in the list of non-systemic schools,
in so far as the school provides education at the location or locations, and at the level or levels of education, in respect of which it is included in that list;
“peoples of the Aboriginal race of Australia” includes peoples of the race to which Torres Strait Islanders belong;
“prescribed country area” means an area in a State that the State Education Minister for the State notifies the Commonwealth Education Minister, under sub-section 4 (4), is an area that should, in the opinion of the State Education Minister, be treated as a prescribed country area for the purposes of this Act;
“previous schools assistance Act” means the
States Grants (Schools Assistance )Act 1983 or any other Act that came into operation before the commencing day and provided, or provides, for the granting of financial assistance to the States, or to the States and the Northern Territory, for and in relation to schools;“primary education”, in relation to a non-government school in a State, means education of a kind similar to that provided for students at government primary schools in the State;
“program of basic learning” means a program designed to assist students undertaking primary education to acquire adequate standards of literacy, numeracy and communication skills;
“program of computer education” means a program designed for all or any of the following purposes:
(a) to train teachers in the use of computers, including but without limiting the generality of the foregoing, the use of computers as teaching aids;
(b) to assist students to acquire an understanding of computer technology and of the social, environmental, industrial and economic effects of computers;
(c) to increase the access of disadvantaged persons to computers;
“program of ethnic education” means a program of instruction, that is provided on a part-time basis, the purpose of which is to teach students undertaking the program a language (not being the English language) that is the first language of people of the Aboriginal race of Australia or of people who have migrated to Australia, either alone or together with cultural instruction related to people speaking that language as their first language, other than such a program in which political or religious instruction is predominant;
“recurrent expenditure” means expenditure (other than short-term emergency expenditure) that is not capital expenditure;
“residential institution” means an institution or home in a State that (whether or not it is an institution or home at which primary education or secondary education is provided) provides residential care for children and is conducted for welfare, correctional or similar purposes, being an institution or home that the Commonwealth Education Minister, having regard to any advice furnished to the Commonwealth Education Minister by the State Education Minister for the State in relation to the institution or home, declares to be a residential institution for the purposes of this Act;
“resource agreement” means an agreement entered into pursuant to sub-section 11 (3) or sub-section 28 (3);
“school” includes a proposed school, or an institution or proposed institution similar to a school, but does not include—
(a) a school or institution at which education is provided at a standard (however described) that is pre-school standard only or a proposed school or institution at which it is proposed that education be provided at a standard (however described) that is pre-school standard only; or
(b) a school or institution in a State that is not recognized by the State Education Minister as a school;
“school in need of short-term emergency assistance” means a non-government school that the Minister declares, under sub-section 4 (5), to be a school in need of short-term emergency assistance for the purposes of this Act;
“school serving a predominantly Aboriginal community” means a school that the Minister declares, under sub-section 4 (7), to be a school serving a predominantly Aboriginal community for the purposes of this Act;
“schools census date”, in relation to any year, means the date in that year on which the first Friday in July occurs;
“secondary education”, in relation to a non-government school in a State, means education of a kind similar to that provided for students at government secondary schools in the State;
“severely handicapped child” means—
(a) a handicapped child in a State to whom paragraph (b) does not apply, being a child—
(i) for whom, by reason of the child’s disability, enrolment at a school, at a government centre or at a non-government centre, is not appropriate; or
(ii) who is enrolled at a school, at a government centre or at a non-government centre but who cannot receive, by reason of the child’s disability, a substantial proportion of the benefits ordinarily available to children enrolled at that school or centre; or
(b) a handicapped child in a State who has not attained the age at which children are required by a law of that State to attend school, being a child—
(i) for whom, by reason of a disability, when that age is attained by the child, the child’s enrolment at a school, at a government centre or at a non-government centre will not be, or will be unlikely to be, appropriate; or
(ii) who, if, when that age is attained by the child, the child is enrolled at a school, at a government centre or at a non-government centre, will not receive, or will be unlikely to receive, by reason of the child’s disability, a substantial proportion of the benefits ordinarily available to children enrolled at such a school or centre;
“special education” means education under special programs designed specifically for handicapped children;
“State Education Minister” means—
(a) in relation to a State—the Minister of the Crown of the State who is responsible, or principally responsible, for the administration of matters relating to primary education and secondary education in the State; and
(b) in relation to the Northern Territory—the Minister of the Northern Territory who is responsible, or principally responsible, for the administration of matters relating to primary education and secondary education in the Northern Territory;
“student” means—
(a) in relation to a program of ethnic education—
(i) a person who is undertaking, either on a full-time basis or on a part-time basis, primary education or secondary education at a government school or a non-government school; or
(ii) a person (other than a person referred to in sub-paragraph (i) or a person who has attained, or will, before 1 January 1986, attain, the age of 20 years) who is undertaking, either on a full-time basis or on a part-time basis, technical and further education within the meaning of the
Commonwealth Tertiary Education Commission Act 1977 at an institution that is a technical and further education institution within the meaning of that Act; or(b) in any other case—a full-time student;
“subsequent schools assistance Act” means an Act that comes into operation after the commencing day and that makes provision for the granting of financial assistance to the States and to the Northern Territory for and in relation to schools in respect of a matter or matters corresponding, or substantially corresponding, to a matter or matters
in respect of which financial assistance may be provided under this Act;
“systemic disadvantaged school” means a systemic school that is a disadvantaged school;
“systemic school” means a non-government primary school or a non-government secondary school—
(a) that is included in an approved school system; and
(b) that is included in the list of systemic schools,
in so far as the school provides education at the location or locations, and at the level or levels of education, in respect of which it is included in that list.
(a) references in this Act to government primary schools and to government secondary schools shall not be taken, by reason of the express references in this Act to government disadvantaged schools and to residential institutions, as not including references to disadvantaged schools and residential institutions that are government primary schools or government secondary schools;
(b) references in this Act to non-government primary schools and to non-government secondary schools shall not be taken, by reason of the express references in this Act to non-government disadvantaged schools and to residential institutions, as not including references to disadvantaged schools and residential institutions that are non-government primary schools or non-government secondary schools;
(c) references in this Act to systemic schools shall not be taken, by reason of the express references in this Act to systemic disadvantaged schools and to residential institutions, as not including references to disadvantaged schools and residential institutions that are systemic schools; and
(d) references in this Act to non-systemic schools shall not be taken, by reason of the express references in this Act to non-systemic
disadvantaged schools and to residential institutions, as not including references to disadvantaged schools and residential institutions that are non-systemic schools.
(a) may, in relation to any year before the first of the years to which sections 28 and 29 apply, specify, by notice published in the
Gazette, an amount to be the community standard at each level at which education is provided by schools; and(b) shall, in relation to each year to which sections 28 and 29 apply, specify, as soon as practicable after the commencement of that year, by notice published in the
Gazette, an amount to be the community standard at each level at which education is provided by schools.
(a) a method for calculation, in respect of a year, the relevant income of an approved school system for the purposes of sub-section 6 (15) or of a non-systemic school for the purposes of sub-section 7 (17); and
(b) a method for calculating, in respect of a year, the income from private sources of an approved school system for the purposes of sub-section 6 (22) or of a non-systemic school for the purposes of sub-section 7 (23).
(a) where moneys have been applied for a purpose, being the purpose of meeting expenditure of a particular kind, the moneys shall not be treated as having been applied for that purpose pursuant to a condition specified in a section of this Act that requires a State to ensure that an amount is applied for that purpose—
(i) if the moneys have been treated by the State, or will be treated by the State, as having been applied for that purpose pursuant to a condition specified in another section of this Act that also requires the State to ensure that an amount is applied for that purpose; or
(ii) if the moneys were applied for that purpose pursuant to a condition subject to which financial assistance was granted to the State under a previous schools assistance Act; and
(b) where moneys have been applied for a purpose, being the purpose of meeting expenditure of a particular kind, the moneys shall not be treated as having been applied for that purpose pursuant to a condition of a relevant agreement between the Commonwealth and an approved authority—
(i) if the moneys have been treated by the approved authority, or will be treated by the approved authority, as having been applied for that purpose pursuant to another condition of that agreement, or of a condition of another relevant agreement between the Commonwealth and the approved authority, that also requires the approved authority to ensure that an amount is applied for that purpose; or
(ii) if the moneys were applied for that purpose pursuant to a condition of an agreement between the State and the approved authority, being an agreement made for the purposes of a condition subject to which financial assistance was granted to the State under a previous schools assistance Act.
(a) a co-educational school is organized on the basis that one or more of the levels of education provided at that school is or are available only to students of one sex; and
(b) a particular project or program in connection with the school or particular expenditure of the school relates solely or principally to a level of education of the kind referred to in paragraph (a),
the benefits of, and the opportunities created by, the project, program or expenditure, as the case requires, shall not be taken, for the purposes of this Act, not to be equally available to male students and female students at the school.
(a) the benefits of, or the opportunities created by, a particular project or program or particular expenditure, would not, but for this sub-section, be equally available to male students and female students or to male children and female children; and
(b) an object of the project, program or expenditure is to secure the adequate advancement of persons of one sex who require special assistance in order to ensure that persons of that sex have equal opportunities with persons of the other sex in connection with education or training,
the benefits of, or the opportunities created by, the project, program or expenditure as the case requires shall not be taken, for the purposes of this Act, not to be equally available to male students and female students or to male children or female children, as the case may be.
(a) the students, or a substantial number of the students, at a government school in a State are members of a community that is, for social, economic, ethnic, geographic, cultural or lingual reasons, or for similar reasons, of such a kind that the capacity of the students to take advantage of educational opportunities ordinarily available at schools in the State is below average; and
(b) the State Education Minister for the State is of the opinion that—
(i) the school should, for any of the reasons referred to in paragraph (a), be treated as a disadvantaged school for the purposes of this Act; and
(ii) the total number of students at that school, and at other schools in the State that are, or may become, government disadvantaged schools, is not, and will not be, at any time during the year 1985, greater than the number of students that the Commonwealth Education Minister has, under sub-section (3), informed the State Education Minister is the approved maximum number of students in relation to government disadvantaged schools in that State in respect of that year,
the State Education Minister may notify the Commonwealth Education Minister that the school should, in the opinion of the State Education Minister, be treated as a disadvantaged school for the purposes of this Act.
(a) the students, or a substantial number of the students, at a non-government school in a State are members of a community that is, for social, economic, ethnic, geographic, cultural or lingual reasons, or for similar reasons, of such a kind that the capacity of the students to take advantage of educational opportunities ordinarily available at schools in the State is below average; and
(b) the Commonwealth Education Minister is of the opinion that the school should, for any of the reasons referred to in paragraph (a), be treated as a disadvantaged school for the purposes of this Act,
the Commonwealth Education Minister may, by notice in writing, declare the school to be a disadvantaged school for the purposes of this Act.
reason that the students, or a substantial number of the students, receiving primary education or secondary education in the area would benefit from—
(a) programs of education designed to alleviate educational disadvantages arising from the restricted access of the students to social and cultural activities and to educational services; or
(b) experimental programs of education designed to improve the ways of providing educational services to students in country areas,
the State Education Minister may notify the Commonwealth Education Minister that the area should, in the opinion of the State Education Minister, be treated as a prescribed country area for the purposes of this Act.
(a) a reference to the list of systemic schools shall be construed as a reference to the list of systemic schools as in force for the purposes of the
States Grants (Schools Assistance )Act 1983 immediately before the commencing day, or, if that list is varied after that day in accordance with this section, that list as so varied; and(b) a reference to the list of approved school systems shall be construed as a reference to the list of approved school systems as in force for the purposes of the
States Grants (Schools Assistance )Act 1983 immediately before the commencing day, or, if that list is varied after that day in accordance with this section, that list as so varied.
(a) a change in the location of the school or of any part of the school; or
(b) a change constituted by the provision of a new level of education at the school,
the approved authority of the approved school system in which the school is included shall inform the Minister of the proposed change, by notice in writing given to the Minister—
(c) if the change is proposed to be initiated during the year 1986—not later than 1 year or such lesser period as the Minister, in special circumstances, allows before the commencement of that year; or
(d) if the change is proposed to be initiated during the year 1987, 1988, 1989 or 1990—not later than 2 years or such lesser period as the Minister, in special circumstances, allows before the commencement of that year,
setting out particulars of the proposed change and requesting that the list of systemic schools as in force for the purposes of this Act or of a subsequent schools assistance Act in force at the time of the proposed change be varied to include the school as so relocated or partly relocated or the school in so far as it provides a new level of education.
(a) in the case where that change is a change similar to the kind of change referred to in sub-section (3) but the change is proposed to be initiated during the year 1985—otherwise than under this Act and before 15 October 1984; or
(b) in a case where the change is proposed to be initiated during the year 1986, 1987, 1988, 1989 or 1990—under and in accordance with sub-section (3),
the Minister shall, by notice in writing given to the approved authority of the approved school system in which the school is included—
(c) if the Minister is satisfied that the change meets the criteria for acceptable changes to exisiting schools—inform the approved authority that the Minister is so satisfied and that the Minister provisionally approves the inclusion in the list of systemic schools of the school as so relocated or partly relocated or of the school in so far as it provides education at the proposed new level; or
(d) if the Minister is not so satisfied—inform the approved authority that he or she is not so satisfied and invite the approved authority to make, within such period as the Minister specifies, such submissions, in writing, in relation to the change, as the approved authority considers appropriate.
(a) if the Minister becomes satisfied, having regard to any submissions that are made, that the change the subject of the submissions meets the criteria for acceptable change—inform the approved authority that the Minister is so satisfied and that the Minister provisionally approves the inclusion in the list of systemic schools of the school as so relocated or partly relocated or of the school in so far as it provides education at the proposed new level; or
(b) if the approved authority fails to make any submissions within the specified period or if the Minister, where the approved authority makes submissions within the specified period, after having regard to those submissions, does not become so satisfied in respect of the change—inform the approved authority accordingly.
(a) if the approved authority did not inform the Minister, in the manner referred to in sub-section (4), of the proposed change or if the Minister has informed the approved authority, pursuant to sub-section (5), that the Minister is not satisfied that the proposed change meets the criteria for acceptable change—the Minister may, by determination in writing, vary the list of systemic schools by removing the school from the list with effect from a date specified in the determination, including a date before the making of the determination, and, where the Minister does so, the list shall, with effect from that date, be deemed to be or to have been so varied; and
(b) if the Minister has informed the approved authority pursuant to sub-section (4) or (5) that the Minister provisionally approves the inclusion of the school as so relocated or partially relocated, in the list of systemic schools, the Minister shall, upon the Minister’s becoming satisfied that the school, as so relocated, has been recognized by the State Education Minister of the State in which the school is situated, by determination in writing, vary the list of systemic schools by specifying that the school is listed as so relocated or partly relocated with effect from a date specified in the determination, including a date before the making of the determination, and, where the Minister does so, the list shall, with effect from that date, be deemed to be or to have been so varied.
(a) that the school, in so far as it provides education at that level has been recognized by the State Education Minister of the State in which the school is situated; and
(b) that the school has, on the date that it is so recognized in so far as it provides education at that level, or on such later date as the Minister, in special circumstances, allows, a number of students at that level enrolled at that level that is not less than the number that is, in accordance with sub-section 3 (9), the minimum acceptable number of students for that level at that date,
by determination in writing vary the list of systemic schools by including in the list that school in so far as it provides education at that level with effect from a date specified in the determination, including a date before the making of the determination, and, where the Minister does so, the list shall, with effect from that date, be deemed to be or to have been so varied.
(a) in a case where the proposed change is a change of the kind referred to in paragraph (3) (b)—the change is being made in accordance with a plan for the development of the school that was publicly announced at the time of its establishment; or
(b) in the case of any proposed change of a kind referred to in sub-section (3) or of a change proposed to be initiated during the year 1985 that is similar to a change so referred to—
(i) the proposed change has been the subject of adequate consultation with education authorities of the State in which the school is situated;
(ii) if the change is proposed to be initiated in 1985 and the school concerned is situated within an area other than a developing area—the proposed change is not likely to have a significant adverse effect upon the viability of existing government and non-government schools (if any) in the first-mentioned area;
(iii) the school as proposed to be so changed has reasonable prospects of long-term viability; and
(iv) if the change is proposed to be initiated in 1986, 1987, 1988, 1989 or 1990—the proposed change accords with such other requirements, if any, relating to changes to existing schools as are prescribed for the purposes of this sub-paragraph.
(a) the approved authority of an approved school system seeks the provision of financial assistance from the Commonwealth commencing in a year between 1986 and 1990 (inclusive) in respect of—
(i) an existing school, or a new school, that is not included in the list of systemic schools; or
(ii) an existing school that is included in the list of systemic schools but that is not so included in so far as it provides education at a particular level, being a level at which the school has provided education at all times since it was included in the list of systemic schools as in force for the purposes of this Act or of any previous schools assistance Act; and
(b) the school will, after that financial assistance commences to be so provided, be included in the approved school system,
the approved authority may make application to the Minister for the provision of such financial assistance commencing in that year by notice in writing
accompanied by such particulars as will, in the opinion of the approved authority, permit the Minister to determine whether the school meets the criteria for receipt of financial assistance from the Commonwealth, given to the Minister—
(c) if it is proposed that financial assistance commence to be provided in respect of the school, or of the school in so far as it provides education at that level, during the year 1986—not later than 1 year, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year; and
(d) if it is proposed that financial assistance commence to be provided in respect of the school, or of the school in so far as it provides education at that level, during the year 1987, 1988, 1989 or 1990—not later than 2 years, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year,
and request the Minister, in that notice, to consider the school, or the school in so far as it provides education at that level, for inclusion in the list of systemic schools as in force for the purposes of this Act or of any subsequent schools assistance Act in force at the time at which it is proposed that the financial assistance commence to be provided.
(a) in a case where it is proposed that financial assistance commence to be provided in respect of a school, or in respect of a school in so far as it provides education at a particular level, during the year 1985, (being a school that will, after that financial assistance commences to be so provided, be included in an approved school system)—the Minister has, otherwise than under this Act and before 1 July 1984, received an application from a person or body that became, for the purposes of this Act, the approved authority of that approved school system, seeking such financial assistance in respect of the school, or of the school in so far as it provides education at that level; or
(b) in a case where it is proposed that financial assistance commence to be provided in respect of a school, or in respect of a school in so far as it provides education at a particular level, during the year 1986, 1987, 1988, 1989 or 1990—the Minister has received notice, under and in accordance with sub-section (9), from the approved authority of the approved school system in which it is intended that the school be included after the provision of that financial assistance, in respect of the school, or in respect of the school in so far as it provides education at that level,
the Minister shall, by notice in writing given to the approved authority—
(c) if the Minister is satisfied that the school, or the school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for receipt of financial assistance from the Commonwealth—inform the approved authority that the Minister is so satisfied and that the Minister provisionally approves the inclusion
of the school, or of the school in so far as it provides, or proposes to provide, education at that level, in the list of systemic schools; and
(d) if the Minister is not satisfied that the school, or the school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for receipt of financial assistance from the Commonwealth—inform the approved authority accordingly and invite the approved authority to make, within such period as the Minister specifies, such submissions relating to the proposed provision of financial assistance in respect of the school, or in respect of the school in so far as it provides, or proposes to provide, education at that level, as the approved authority considers appropriate.
(a) if the Minister becomes satisfied, having regard to any submissions that are made, that the school, or the school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for the receipt of such financial assistance—inform the approved authority that the Minister is so satisfied and that the Minister provisionally approves the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at that level, in the list of systemic schools; and
(b) if the approved authority fails to make any submissions within the specified period, or if the Minister, after having regard to any submissions made within that period, does not become satisfied that the school, or the school in so far as it provides, or proposes to provide, education at a particular level, meets the criteria for receipt of financial assistance from the Commonwealth—inform the approved authority accordingly.
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PART II—GRANTS IN RELATION TO APPROVED MULTICULTURAL EDUCATION PROJECTS OF NATIONAL SIGNIFICANCE
TOTAL OF GRANTS—$395,000
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RESIDENTIAL INSTITUTIONS AND SEVERELY HANDICAPPED CHILDREN
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——————
EARLY SPECIAL EDUCATION
PART I—AMOUNTS OF GRANTS TO STATES
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PART II—TOTAL OF NATIONAL ALLOCATIONS—$1,768,000
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PROFESSIONAL DEVELOPMENT ACTIVITIES
PART I—AMOUNTS OF GRANTS TO STATES
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PART II—GRANTS IN RELATION TO APPROVED PROFESSIONAL DEVELOPMENT ACTIVITIES FOR SPECIAL PURPOSES
TOTAL OF GRANTS—$180,000
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NEW SCHEDULES TO BE SUBSTITUTED FOR SCHEDULES TO STATES GRANTS (SCHOOLS ASSISTANCE) ACT 1983
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GOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 | Column 7 |
Name of State | General capital | Prescribed purpose referred to in paragraph (a) of definition of “prescribed purpose” | Prescribed purpose referred to in paragraph (b) of definition of “prescribed purpose” | Prescribed purpose referred to in paragraph (c) of definition of “prescribed purpose” | Prescribed purpose referred to in paragraph (d) of definition of “prescribed purpose” | Totals |
$ | $ | $ | $ | $ | $ | |
New South Wales........................................ | 32,070,000 | 7,429,000 | 4,849,000 | 3,970,000 | 4,274,000 | 52,592,000 |
Victoria........................................ | 23,789,000 | 5,955,000 | 3,626,000 | 2,968,000 | 3,264,000 | 39,602,000 |
Queensland........................................ | 16,436,000 | 2,833,000 | 2,280,000 | 1,867,000 | 2,111,000 | 25,527,000 |
Western Australia........................................ | 8,994,000 | 1,861,000 | 1,292,000 | 1,058,000 | 1,201,000 | 14,406,000 |
South Australia........................................ | 8,372,000 | 1,891,000 | 1,289,000 | 1,055,000 | 1,189,000 | 13,796,000 |
Tasmania........................................ | 2,794,000 | 585,000 | 429,000 | 351,000 | 402,000 | 4,561,000 |
Northern Territory........................................ | 1,102,000 | 387,000 | 148,000 | 120,000 | 124,000 | 1,881,000 |
| 93,557,000 | 20,941,000 | 13,913,000 | 11,389,000 | 12,565,000 | 152,356,000 |
GOVERNMENT SCHOOLS—RECURRENT EXPENDITURE
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—————
GOVERNMENT SCHOOLS—GENERAL EDUCATION IN ENGLISH AS A SECOND LANGUAGE
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—————
DISADVANTAGED SCHOOLS AND PRESCRIBED COUNTRY AREAS
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Name of State | Disadvantaged government schools | Disadvantaged non-government schools | Prescribed country areas | Totals |
$ | $ | $ | $ | |
New South Wales......... | 10,632,000 | 2,141,000 | 2,536,000 | 15,309,000 |
Victoria........................... | 9,073,000 | 2,306,000 | 1,499,000 | 12,878,000 |
Queensland.................... | 3,145,000 | 479,000 | 2,434,000 | 6,058,000 |
Western Australia......... | 2,497,000 | 411,000 | 1,790,000 | 4,698,000 |
South Australia............. | 2,588,000 | 272,000 | 1,055,000 | 3,915,000 |
Tasmania....................... | 739,000 | 78,000 | 351,000 | 1,168,000 |
Northern Territory........ | 778,000 | 28,000 | 376,000 | 1,182,000 |
| 29,452,000 | 5,715,000 | 10,041,000 | 45,208,000 |
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SPECIAL EDUCATION (INCLUDING INTEGRATION ACTIVITIES)
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Name of State | Government special education (including government integration activities) | Government integration activities | Non-government special education (including non-government integration activities) | Non-government integration activities |
$ | $ | $ | $ | |
New South Wales....... | 7,524,000 | 481,000 | 1,999,000 | 139,000 |
Victoria......................... | 5,626,000 | 359,000 | 1,852,000 | 128,000 |
Queensland.................. | 3,539,000 | 227,000 | 852,000 | 59,000 |
Western Australia....... | 2,005,000 | 127,000 | 419,000 | 29,000 |
South Australia........... | 2,001,000 | 127,000 | 375,000 | 26,000 |
Tasmania..................... | 666,000 | 43,000 | 51,000 | 9,000 |
Northern Territory...... | 230,000 | 15,000 | 12,000 | 2,000 |
| 21,591,000 | 1,379,000 | 5,560,000 | 392,000 |
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GOVERNMENT SCHOOLS—COMPUTER EDUCATION
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NON-GOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 | Column 6 |
Name of State | General capital | Prescribed purpose referred to in paragraph (a) of definition of “prescribed purpose” | Prescribed purpose referred to in paragraph (b) of definition of “prescribed purpose” | Prescribed purpose referred to in paragraph (c) of definition of “prescribed purpose” | Totals |
$ | $ | $ | $ | $ | |
New South Wales................................................................................. | 12,478,000 | 1,523,000 | 1,849,000 | 1,403,000 | 17,253,000 |
Victoria................................................................................. | 10,747,000 | 1,531,000 | 1,803,000 | 1,396,000 | 15,477,000 |
Queensland................................................................................. | 6,843,000 | 492,000 | 789,000 | 670,000 | 8,794,000 |
Western Australia................................................................................. | 3,200,000 | 307,000 | 389,000 | 331,000 | 4,227,000 |
South Australia................................................................................. | 2,573,000 | 238,000 | 347,000 | 278,000 | 3,436,000 |
Tasmania................................................................................. | 1,052,000 | 74,000 | 116,000 | 92,000 | 1,334,000 |
Northern Territory................................................................................. | 664,000 | 23,000 | 33,000 | 18,000 | 738,000 |
| 37,557,000 | 4,188,000 | 5,326,000 | 4,188,000 | 51,259,000 |
RECURRENT EXPENDITURE—LEVELS OF ASSISTANCE FOR NON-GOVERNMENT SCHOOLS
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NON-SYSTEMIC SCHOOLS—SUPPLEMENTARY ESTABLISHMENT GRANTS
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—————
MISCELLANEOUS GRANTS
Column 1 | Column 2 | Column 3 | Column 4 |
Total of all additional grants under sections 23 and 24 for non-government schools in need of short-term emergency assistance | Total of all grants under sections 26 and 27 for general education in English as a second language in non-government schools | Total of all grants under section 61 for approved education centres | Total of all grants under section 64 for projects or programs of national significance |
$ | $ | $ | $ |
632,000 | 17,630,000 | 2,350,000 | 1,785,000 |
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NON-GOVERNMENT SCHOOLS—COMPUTER EDUCATION
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MULTICULTURAL EDUCATION
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TOTAL OF GRANTS—$391,000
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RESIDENTIAL INSTITUTIONS AND SEVERELY HANDICAPPED CHILDREN
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—————
PROFESSIONAL DEVELOPMENT ACTIVITIES
PART I—AMOUNTS OF GRANTS TO STATES
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PART II—GRANTS IN RELATION TO APPROVED PROFESSIONAL DEVELOPMENT ACTIVITIES FOR SPECIAL PURPOSES
TOTAL OF GRANTS—$177,000”.
1. No. 119 of 1983 as amended. For previous amendments see No. 49 of 1984.
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