States Grants (Schools Assistance) Amendment Act 1985 (Cth)
Section
1. Short title, &c.
2. Commencement
3. Interpretation
4. Schools and areas with respect to which special provision is made, &c.
5. Repeal of section 5 and substitution of new section—
5. Determination of levels of funding for eligible new arrivals
6. New non-government systemic schools, &c.—1985
7. Insertion of new sections—
6a. New non-government systemic schools, &c.—1986 and subsequent years
6b. Non-government systemic schools—funding to a plan
6c. Non-government systemic schools—variation of list, &c.
6d. List of approved school systems
8. New non-government non-systemic schools, &c.—1985
9. Insertion of new sections—
7a. New non-government non-systemic schools, &c.—1986 and subsequent years
7b. Non-government non-systemic schools—funding to a plan
7c. Non-government non-systemic schools—variation of list, &c.
10. Movement of schools between lists
11. Grants for building projects and equipment projects in connection with government schools
12. Repeal of section 10 and substitution of new section—
10. Limits on grants under section 9
13. Grants for recurrent expenditure in connection with government schools
14. Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with government schools
15. Repeal of section 14 and substitution of new section—
14. Limits on grants under section 13
TABLE
OF PROVISIONS—
Section
16. Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with government schools
17. Grants for expenditure in connection with government disadvantaged schools
18. Repeal of section 17 and substitution of new section—
17. Limits on grants under section 16
19. Grants for expenditure in connection with special education at government schools, &c.
20. Limits on grants under section 18, &c.
21. Repeal of section 23 and substitution of new section—
23. Limits on grants under section 22
22. Additional conditions to which grants of financial assistance under Part are subject
23. Approval of building projects and equipment projects in connection with non-government schools and non-government centres
24. Grants for building projects and equipment projects in connection with non-government schools and non-government centres
25. Repeal of section 27 and substitution of new section—
27. Limits on grants under section 26, &c.
26. Grants for recurrent expenditure of systemic schools
27. Insertion of new sections—
28a. Systemic schools—limits on funding where number of students at particular level exceeds maximum number of students for that level
28b. Systemic schools—limits on funding where number of students at particular level at particular location exceeds maximum number of students for that level at that location
28. Insertion of new sections—
29a. Non-systemic schools—limits on funding where number of students at particular level exceeds maximum number of students for that level
29b. Non-systemic schools—limits on funding where number of students at particular level at particular location exceeds maximum number of students for that level at that location
29. Additional grants for schools in need of short-term emergency assistance
30. Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with systemic schools
31. Grants for recurrent expenditure in connection with general education in English as a second language provided in connection with non-systemic schools
32. Repeal of section 34 and substitution of new section—
34. Limits on grants under sections 32 and 33
33. Grants for recurrent expenditure in connection with education in English as a second language for eligible new arrivals provided in connection with systemic schools
34. 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
35. Grants for expenditure of systemic disadvantaged schools
36. Grants for expenditure of non-systemic disadvantaged schools
37. Repeal of section 39 and substitution of new section—
39. Limits on grants under sections 37 and 38
38. Grants for expenditure in connection with special education at non-government schools, &c.
39. Repeal of section 41 and substitution of new section—
41. Limits on grants under section 40
40. Repeal of section 49 and substitution of new section—
49. Limits on grants under sections 47 and 48
41. Approval of building projects and equipment projects in connection with schools serving predominantly Aboriginal communities
42. Grants for building projects and equipment projects in connection with schools serving predominantly Aboriginal communities
43. Repeal of section 53 and substitution of new section—
53. Limits on grants under section 52
44. Grants for recurrent expenditure in connection with multicultural education
45. Repeal of section 55 and substitution of new section—
55. Limits on grants under section 54
46. Repeal of sections 57 and 58 and substitution of new sections—
57. Grants for expenditure in relation to approved multicultural education projects of national significance
58. Limits on grants under section 57
TABLE
OF PROVISIONS—
Section
47. Approved ethnic schools authorities
48. Approvals of programs of ethnic education and determination of levels of funding
49. Grants for approved programs of ethnic education
50. Grants for expenditure in connection with the education of students receiving primary education or secondary education in prescribed country areas
51. Repeal of section 63 and substitution of new section—
63. Limits on grants under section 62
52. Grants for recurrent expenditure in connection with the education of children residing in residential institutions
53. Repeal of section 65 and substitution of new section—
65. Limits on grants under section 64
54. Grants for expenditure in relation to approved programs for education of severely handicapped children
55. Repeal of sections 67, 68, 69 and 70 and substitution of new sections—
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)
56. Grants for recurrent expenditure in connection with approved professional development activities
57. Limits on grants under section 71
58. Repeal of sections 73 and 74 and substitution of new sections—
73. Grants for expenditure of approved education centres
74. Limits on grants under section 73
59. Grants for expenditure in relation to projects or programs of national significance
60. Repeal of section 77 and substitution of new section—
77. Limits on grants under section 76
61. Additional conditions to which grants of financial assistance under Part are subject
62. Repeal and substitution of Schedules to Principal Act
63. Payments made before Royal Assent
64. Transitional provisions in relation to determinations, approvals, declarations, &c.
SCHEDULE
NEW SCHEDULES 1 TO 16 (INCLUSIVE) TO PRINCIPAL ACT
[
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
(a) by omitting from sub-section (1) the definitions of “approved education centre” and “approved ethnic schools authority” and substituting the following definitions:
“ ‘approved education centre’ means an education centre in respect of which an approval under sub-section 4 (6) is in force;
‘approved ethnic schools authority’, in relation to a year, means a body in respect of which an approval under section 59 in respect of that year is in force;”;
(b) by omitting from sub-section (1) the definition of “approved school system” and substituting the following definition:
“ ‘approved school system’ means a school system that is included in the list of approved school systems;”;
(c) by omitting from sub-section (1) the definitions of “disadvantaged school” and “developing area” and substituting the following definitions:
“ ‘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;
‘disadvantaged school’ means—
(a) a government school in a State in respect of which a notification under sub-section 4 (1) is in force; or
(b) a non-government school in a State in respect of which a declaration under sub-section 4 (2) is in force;”;
(d) by inserting “, in relation to a year,” before “means” in the definition of “education centre” in sub-section (1);
(e) by omitting “the year 1985” from the definition of “education centre” in sub-section (1) and substituting “that year”;
(f) by inserting “, in relation to a year,” before “means” in the definition of “education in English as a second language for eligible new arrivals” in sub-section (1);
(g) by omitting “eligible new arrivals” (last occurring) from the definition of “education in English as a second language for eligible new arrivals” in sub-section (1) and substituting “persons who are eligible new arrivals in respect of that year”;
(h) by inserting “, in relation to education provided in a year,” before “means” in the definition of “eligible new arrival” in sub-section (1);
(j) by omitting “1984” from the definition of “eligible new arrival” in sub-section (1) and substituting “in the year immediately preceding that year”;
(k) by inserting “, in writing,” after “Minister” in the definition of “integration activities” in sub-section (1);
(m) by omitting from sub-section (1) the definition of “prescribed country area” and substituting the following definition:
“ ‘prescribed country area’ means an area in a State in respect of which a notification under sub-section 4 (4) is in force;”;
(n) by omitting from sub-section (1) the definitions of “school in need of short-term emergency assistance” and “school serving a predominantly Aboriginal community” and substituting the following definitions:
“ ‘school in need of short-term emergency assistance’, in relation to a year, means a non-government school in respect of which a declaration under sub-section 4 (5) in respect of that year is in force;
‘school serving a predominantly Aboriginal community’, in relation to a year, means a school in respect of which a declaration under sub-section 4 (7) in respect of that year is in force;”;
(o) by inserting “approved under section 60 in respect of a year” after “ethnic education” in paragraph (a) of the definition of “student” in sub-section (1);
(p) by omitting “1986” from sub-paragraph (a) (ii) of the definition of “student” in sub-section (1) and substituting “in the year following that year”;
(q) by omitting from paragraph (11) (a) “6 (15)” and substituting “6d (6)”;
(r) by omitting from paragraph (11) (a) “7 (17)” and substituting “7c (2)”;
(s) by omitting from paragraph (11) (b) “6 (22)” and substituting “6d (9)”;
(t) by omitting from paragraph (11) (b) “7 (23)” and substituting “7c (7)”;
(u) by omitting from sub-paragraph (12) (a) (ii) “and”;
(w) by adding at the end of sub-section (12) the following paragraphs:
“; (c) moneys shall not be treated as having been applied by a State for a particular purpose pursuant to a condition specified in a section of this Act that is applicable in respect of a grant made to the State in respect of a particular year if the moneys have been treated by the State as having been applied for that purpose pursuant to that condition as it applies in respect of a grant made to the State in respect of another year; and
(d) moneys shall not be treated as having been applied by an approved authority for a particular purpose pursuant to a condition of an agreement between the Commonwealth
and the approved authority that is applicable in respect of a grant made to a State under a section of this Act in respect of a particular year if the moneys have been treated by the approved authority as having been applied for that purpose pursuant to a condition of an agreement between the Commonwealth and the approved authority that is applicable in respect of a grant made to the State under a section of this Act in respect of another year.”; and
(y) by adding at the end the following sub-sections:
“(21) A reference in this Act to the specification in the list of systemic schools, or the list of non-systemic schools, of a maximum number of students opposite to the name of a school, or opposite to the name of a location in respect of which a school is included in the list, shall be read as a reference to the specification in the list opposite to the name of the school, or the name of the location, as the case may be, of 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.
“(22) In 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 has been or is varied after that day in accordance with section 6, 6a, 6b or 6c, that list as so varied;(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 has been or is varied after that day in accordance with section 6 or 6d, that list as so varied; and(c) a reference to the list of non-systemic schools shall be construed as a reference to the list of non-systemic schools in force for the purposes of the
States Grants (Schools Assistance) Act 1983 immediately before the commencing day or, if that list has been or is varied after that day in accordance with section 7, 7a, 7b or 7c, that list as so varied.“(23) A reference in this Act to notice published in the
Gazette shall be read as a reference to notice in writing published in theGazette”.
the commencement of this section continues in force, after the commencement of this section, as if it had been made under sub-section 6d (1) of the Principal Act as amended by this Act.
(a) by omitting from sub-paragraph (1) (b) (ii) “the year 1985” and substituting “a year to which this section applies”;
(b) by inserting in sub-paragraph (1) (b) (ii) “or (3a)” after “(3)”;
(c) by inserting after sub-section (3) the following sub-section:
“(3a) As soon as practicable after the commencement of the
States Grants (Schools Assistance) Amendment Act 1985, the Commonwealth Education Minister shall determine, in relation to each State, the number of students that is, for the purposes of subsection (1), the approved maximum number of students in relation to government disadvantaged schools in the State in respect of the year 1986 and shall notify the State Education Minister of that number.”;(d) by inserting in sub-section (5) “in respect of a year to which this section applies” after “assistance” (last occurring);
(e) by adding at the end of sub-section (6) “in respect of a year to which this section applies”;
(f) by inserting in sub-section (7) “, in respect of a year to which this section applies,” after “the school to be”; and
(g) by adding at the end the following sub-section:
“(11) This section applies to the years 1985 and 1986.”.
“5. (1) For the purposes of grants under sections 15, 35 and 36 in respect of the year 1985, the Minister shall determine, in writing, an amount (not exceeding $928) to be the level at which financial assistance is to be provided under those sections in respect of that year in respect of each person who is an eligible new arrival in relation to that year and is receiving education in English as a second language.
“(2) For the purposes of grants under sections 15, 35 and 36 in respect of the year 1986, the Minister shall determine, in writing, an amount (not exceeding $932) to be the level at which financial assistance is to be provided under those sections in respect of that year in respect of each person who is an eligible new arrival in relation to that year and is receiving education in English as a second language.”.
(a) by omitting sub-sections (1) to (4) (inclusive) and substituting the following sub-section:
“(1) Where the Minister has, otherwise than under this Act and before 15 October 1984, received notice from the approved authority of an approved school system of—
(a) a change in the location of a school or of a part of a school included in the approved school system; or
(b) a change consisting of the provision of a new level of education at a school included in the approved school system,
being a change proposed to be initiated in the year 1985, the Minister shall, by notice in writing to the approved authority of the approved school system—
(c) if the Minister is satisfied that the change meets the criteria for acceptable changes to existing 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 accordingly and invite the approved authority to make, within such period as the Minister specifies in the notice, such submissions, in writing, in relation to the change, as the approved authority considers appropriate.”;
(b) by omitting from sub-section (5) “(4)” and substituting “(1)”;
(c) by omitting from sub-section (6) “a year to which section 28 applies” and substituting “the year 1985”;
(d) by omitting from sub-section (6) “(3) (a), or, so far as a change initiated during the year 1985 is concerned, a change similar to a change so referred to,” and substituting “(1) (a)”;
(e) by omitting from paragraph (6) (a) “(4)” and substituting “(1)”;
(f) by omitting from paragraph (6) (b) “(4)” and substituting “(1)”;
(g) by omitting from sub-section (7) “a year to which section 28 applies” and substituting “the year 1985”;
(h) by omitting from sub-section (7) “(3) (b), or, so far as a change initiated during the year 1985 is concerned, a change similar to a change so referred to,” and substituting “(1) (b)”;
(j) by omitting from sub-section (7) “(4)” and substituting “(1)”;
(k) by omitting from paragraph (8) (a) “(3) (b)” and substituting “(1) (b)”;
(m) by omitting from paragraph (8) (b) “(3) or of a change proposed to be initiated during the year 1985 that is similar to a change so referred to” and substituting “(1)”;
(n) by omitting from sub-paragraph (8) (b) (ii) “the change is proposed to be initiated in 1985 and”;
(o) by adding at the end of sub-paragraph (8) (b) (ii) “and”;
(p) by omitting from sub-paragraph (8) (b) (iii) “viability; and” and substituting “viability.”;
(q) by omitting sub-paragraph (8) (b) (iv);
(r) by omitting sub-sections (9) and (10) and substituting the following sub-section:
“(9) Where the approved authority of an approved school system has made or makes an application, otherwise than under this Act and before 1 July 1984, to the Minister for the provision of financial assistance from the Commonwealth commencing in the year 1985 in respect of—
(a) an existing school, or a new school, that is not included in the list of systemic schools; or
(b) 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,
the Minister shall, by notice in writing 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 in the
notice, 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.”;
(s) by omitting from sub-section (11) “(10)” and substituting “(9)”;
(t) by omitting from sub-section (12) “, 1986, 1987 or 1988,”;
(u) by omitting from sub-section (12) “(10)” and substituting “(9)”;
(w) by omitting from paragraph (13) (b) “it is proposed that financial assistance from the Commonwealth commence to be provided in respect of the school, or the school in so far as it provides, or proposes to provide, education at that level, during the year 1985 and”;
(y) by adding at the end of paragraph (13) (b) “and”;
(z) by omitting from paragraph (13) (c) “viability; and” and substituting “viability.”;
(za) by omitting paragraph (13) (d); and
(zb) by omitting sub-sections (14) to (22) (inclusive).
(a) if the notice is given in respect of a low enrolment at a systemic school in an approved school system—under sub-section 6c (2) of the Principal Act as amended by this Act; and
(b) if the notice was given in respect of a failure to maintain the level of recurrent expenditure from the income of the systemic schools in an approved school system of the kind described in paragraph
6 (15) (a) of the Principal Act—under sub-section 6d (7) of the Principal Act as amended by this Act.
(a) in the case of a variation of the list of systemic schools—under subsection 6c (7) of the Principal Act as amended by this Act; and
(b) in the case of a variation of the list of approved school systems— under sub-section 6d (12) of the Principal Act as amended by this Act.
“6a. (1) Where it is proposed, in relation to a systemic school, to—
(a) initiate, at any time during a year between 1986 and 1990 (inclusive)—
(i) a change in the location of the school or of any part of the school; or
(ii) a change consisting of the provision of a new level of education at the school; or
(b) initiate, at any time during a year between 1987 to 1990 (inclusive)—
(i) a change consisting of the amalgamation of the school with another school or other schools;
(ii) a change consisting of the separation of the school into 2 or more schools;
(iii) a change of the school from a single-sex school to a co-educational school or from a co-educational school to a single-sex school; or
(iv) a change of the school—
(a) from a day school to a boarding school or to a day and boarding school;
(b) from a boarding school to a day school or to a day and boarding school; or
(C) from a day and boarding school to a day school or to a boarding school,
the approved authority of the approved school system in which the school is included shall inform the Minister, by notice in writing, of the proposed change, the notice to—
(c) be given to the Minister not later than—
(i) if the change is a change of a kind referred to in paragraph (a) and is proposed to be initiated during the year 1986—1 year, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year;
(ii) if the change is a change of a kind referred to in paragraph (b) and is proposed to be initiated during the year 1987—1 year, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year; or
(iii) in any other case—2 years, or such lesser period as the Minister, in special circumstances, allows, before the commencement of the year during which it is proposed to initiate the change; and
(d) set out particulars of the proposed change and request the Minister to provisionally approve the proposed change.
“(2) Where—
(a) the approved authority of an approved school system initiates, during the year 1986, 1987 or 1988, a change of a kind referred to in sub-section (1) in respect of a school; and
(b) the approved authority did not inform the Minister, in the manner referred to in sub-section (1), of the change,
the Minister may, by determination in writing, vary the list of systemic schools by—
(c) in a case where no maximum number of students is specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list— specifying in the list opposite to the name of the school or location, as the case may be, a maximum number of students; or
(d) in a case where a maximum number of students is specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list— omitting that number and specifying another maximum number of students in the list opposite to the name of the school or location, as the case may be,
with effect from a date specified in the determination, including a date before the making of the determination.
“(3) Subject to sub-sections (5), (6) and (8), where the Minister receives notice, in accordance with sub-section (1), from the approved authority of an approved school system of a proposed change to a school, the Minister shall—
(a) provisionally approve, in writing, the proposed change; or
(b) by notice in writing to the approved authority, inform the approved authority that the Minister is not satisfied that he or she should provisionally approve the proposed change and invite the approved authority to make, within such period as the Minister specifies in the notice, such submissions relating to the proposed provision of financial assistance from the Commonwealth in respect of the proposed change as the approved authority considers appropriate.
“(4) Subject to sub-sections (5), (6) and (8), where the Minister invites the approved authority of an approved school system, pursuant to subsection (3), to make submissions in respect of the proposed provision of financial assistance from the Commonwealth in respect of a proposed change to a school, within a specified period, the Minister shall consider any submissions made by the approved authority within that period and shall—
(a) provisionally approve, in writing, the proposed change; or
(b) by notice in writing to the approved authority, inform the approved authority that the Minister is not satisfied that he or she should provisionally approve the proposed change.
“(5) The Minister shall provisionally approve a proposed change to a school under sub-section (3) or (4) if the Minister is satisfied that the proposed change does not involve a significant increase in, or alteration to, the school’s clientele.
“(6) Subject to sub-section (5), the Minister shall not provisionally approve a proposed change to a school under sub-section (3) or (4) unless the Minister is satisfied that the proposed change meets the initial eligibility criteria for financial assistance from the Commonwealth.
“(7) For the purposes of sub-section (6), the Minister shall be satisfied that a proposed change to a school meets the initial eligibility criteria for financial assistance from the Commonwealth if, and only if, the Minister is satisfied that—
(a) in the case of a change of the kind referred to in sub-paragraph (1) (a) (i)—the school as proposed to be relocated or partly relocated has reasonable prospects of being recognized by the State Education Minister for the State in which the school is situated;
(b) in the case of a change of the kind referred to in sub-paragraph (1) (a) (ii)-
(i) the school, in so far as it provides education at the proposed new level, has reasonable prospects of being recognized by
the State Education Minister for the State in which the school is situated; and
(ii) the school has reasonable prospects of having, on the date on which it is expected to be so recognized, a number of students enrolled at that level that will not be 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;
(c) in all cases—the school as proposed to be changed has reasonable prospects of financial viability; and
(d) in all cases—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.
“(8) Subject to sub-sections (5) and (6), the Minister shall, in deciding at a particular time whether to provisionally approve a proposed change to a school under sub-section (3) or (4), have regard to—
(a) the plans (including the plans of the relevant government and nongovernment education authorities) in existence at that time for the provision of education in the State, and in the locality, in which the school is situated;
(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 should, in the opinion of the Minister, be accorded for funding from the Commonwealth.
“(9) Where the approved authority of an approved school system initiates, during the year 1986, 1987 or 1988, a change of the kind referred to in sub-paragraph (1) (a) (i) in respect of the relocation or partial relocation of a school—
(a) if the Minister has informed the approved authority, pursuant to sub-section (4), that the Minister is not satisfied that he or she should provisionally approve the 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
(b) if the Minister has, pursuant to sub-section (3) or (4), provisionally approved the change—the Minister, subject to sub-section (10), shall, upon 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 including in the list the school as so relocated or partly relocated, with effect from a date specified in the determination, including a date before the making of the determination.
“(10) The Minister shall not, after the expiration of the year 1986, 1987 or 1988, make a determination under paragraph (9) (b) in relation to a relocation or partial relocation of a school proposed to be initiated in that year unless the Minister is satisfied that there are exceptional circumstances justifying the making of the determination after the expiration of that year.
“(11) Where—
(a) the approved authority of an approved school system initiates, during the year 1986, 1987 or 1988, a change of the kind referred to in sub-paragraph (1) (a) (ii) in respect of a level of education in respect of a school; and
(b) the Minister has, pursuant to sub-section (3) or (4), provisionally approved the proposed change,
the Minister, subject to sub-section (12), shall, upon becoming satisfied that—
(c) 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
(d) the school has, on the date on which 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 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.
“(12) The Minister shall not, after the expiration of the year 1986, 1987 or 1988, make a determination under sub-section (11) in relation to the proposed provision at a school of education at a particular level to be initiated in that year unless the Minister is satisfied that there are exceptional circumstances justifying the making of the determination after the expiration of that year.
“(13) Where—
(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;
(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 is providing education; or
(iii) 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 location, being a location at which the school is providing education; and
(b) the school is, or is to be, included in the approved school system,
the approved authority may make application to the Minister for the provision of such financial assistance commencing during that year, the application to—
(c) be by notice in writing accompanied by such particulars as will, in the opinion of the approved authority, permit the Minister to determine whether such financial assistance should be provided by the Commonwealth;
(d) be given to the Minister not later than—
(i) if it is proposed that financial assistance commence to be provided in respect of the school, or in respect of the school in so far as it provides education at that level or that location, during the year 1986—1 year, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year; or
(ii) if it is proposed that financial assistance commence to be provided in respect of the school, or in respect of the school in so far as it provides education at that level or that location, during the year 1987, 1988, 1989 or 1990—2 years, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year; and
(e) request the Minister to provisionally approve the inclusion of the school, or the school in so far as it provides education at that level or that location, 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 when the proposed financial assistance would commence to be provided.
“(14) Subject to sub-sections (16) and (18), where the Minister has received an application, in accordance with sub-section (13), from the approved authority of an approved school system in respect of the provision of financial assistance in respect of a school, or in respect of a school in so far as it provides education at a particular level or location, the Minister shall—
(a) if the Minister is satisfied that he or she should provisionally approve the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at a particular level (in this paragraph referred to as the ‘relevant level’) or a particular location (in this paragraph referred to as the ‘relevant location’), in the list of systemic schools—provisionally approve, in writing, the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at the relevant level or the relevant location, in the list of systemic schools; or
(b) if the Minister is not satisfied that he or she should provisionally approve the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at a particular level (in this paragraph referred to as the ‘relevant level’) or a particular location (in this paragraph referred to as the ‘relevant location’), in the list of systemic schools—by notice in writing to the approved authority, inform the approved authority accordingly and invite the approved authority to make, within such period as the Minister specifies in the notice, 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 the relevant level or the relevant location, as the approved authority considers appropriate.
“(15) Subject to sub-sections (16) and (18), where the Minister invites an approved authority, pursuant to sub-section (14), to make submissions in respect of the proposed provision of financial assistance in respect of a school, or of a school in so far as it provides, or proposes to provide, education at a particular level or location, within a specified period, the Minister shall consider any submissions made by the approved authority within that period and shall—
(a) if the Minister is satisfied that he or she should provisionally approve the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at a particular level (in this paragraph referred to as the ‘relevant level’) or a particular location (in this paragraph referred to as the ‘relevant location’), in the list of systemic schools—provisionally approve, in writing, the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at the relevant level or the relevant location, in the list of systemic schools; or
(b) if the Minister is not satisfied that he or she should provisionally approve the inclusion of the school, or the school in so far as it provides, or proposes to provide, education at a particular level or location, in the list of systemic schools—by notice in writing to the approved authority, inform the approved authority accordingly.
“(16) The Minister shall not provisionally approve the inclusion of a school, or a school in so far as it provides, or proposes to provide, education at a particular level or location, in the list of systemic schools under sub-section (14) or (15) unless—
(a) the proposed new school;
(b) the existing school that is not included in the list of systemic schools; or
(c) the existing school in so far as it provides education at that level or that location,
as the case requires, meets the initial eligibility criteria for financial assistance from the Commonwealth.
“(17) For the purposes of sub-section (16), the Minister shall be satisfied that—
(a) a proposed new school;
(b) an existing school that is not included in the list of systemic schools; or
(c) an existing school in so far as it provides education at a particular level or location,
meets the initial eligibility criteria for financial assistance from the Commonwealth if, and only if, the Minister is satisfied that—
(d) the proposed new school, the existing school or the existing school in so far as it provides education at that level or that location, as the case requires—
(i) has reasonable prospects of being able to satisfy the requirements of paragraphs (19) (a) and (c) during the year in which the proposed financial assistance is to commence to be provided; and
(ii) has reasonable prospects of financial viability; and
(e) such government and non-government education authorities for the State in which the school is, or is to be, situated as the Minister considers appropriate have been given notice of—
(i) in a case to which paragraph (a) applies—the proposed new school;
(ii) in a case to which paragraph (b) applies—the proposed inclusion of the existing school in the list of systemic schools; or
(iii) in a case to which paragraph (c) applies—the proposed inclusion of the existing school in so far as it provides education at that level or that location in the list of systemic schools.
“(18) Subject to sub-section (16), the Minister, in deciding at a particular time whether to provisionally approve, under sub-section (14) or (15), the inclusion in the list of systemic schools of a school, or a school in so far as it provides, or proposes to provide, education at a particular level or location, shall have regard to—
(a) the plans (including the plans of the relevant government and nongovernment education authorities) in existence at that time for the provision of education in the State, and in the locality, in which the school operates or would operate, or provides, or would provide, education at that level or that location;
(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 school, or the school in so far as it provides, or proposes to provide, education at that level or that location, should, in the opinion of the Minister, be accorded for funding from the Commonwealth.
“(19) Where, pursuant to an application that financial assistance commence to be provided during the year 1986, 1987 or 1988, in respect of a school, or a school in so far as it provides education at a particular level or location, the Minister has, pursuant to sub-section (14) or (15), provisionally approved the inclusion in the list of systemic schools of the school, or the school in so far as it provides, or proposes to provide, education at a particular level (in this sub-section referred to as the ‘relevant level’) or a particular location (in this sub-section referred to as the ‘relevant location’), the Minister shall, as soon as practicable after the commencement of that year but subject to sub-section (20), upon becoming satisfied that—
(a) the school, or the school in so far as it provides education at the relevant level or the relevant location, has been recognized by the State Education Minister of the State in which the school is situated;
(b) the school is not conducted for the profit, direct or indirect, of an individual or individuals; and
(c) the school has on the date when it is so recognized, or is so recognized in so far as it provides education at the relevant level, or on such later date as the Minister in special circumstances, allows, a number of students enrolled at each level at which education is provided, or at the relevant 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, or that school in so far as it provides education at the relevant level or the relevant location, with effect from a date specified in the determination, including a date before the making of the determination.
“(20) Where the approved authority of an approved school system makes an application under sub-section (13) that financial assistance commence to be provided during a year in respect of a school, the Minister shall not make a determination under sub-section (19) in respect of that financial assistance after the expiration of that year unless the Minister is satisfied that there are exceptional circumstances justifying the making of the determination after the expiration of that year.
“(21) Where the Minister—
(a) makes a determination of a kind referred to in sub-section (2), paragraph (9) (a) or (b) or sub-section (11) or (19) varying the list of systemic schools in relation to a school;
(b) provisionally approves, under sub-section (3) or (4), a proposed change to a school; or
(c) provisionally approves, under sub-section (14) or (15), the inclusion in the list of systemic schools of a school, or a school in so far as it provides, or proposes to provide, education at a particular level or location,
the Minister shall give notice in writing of the determination or provisional approval, as the case requires, to the approved authority of the approved school system in which the school is or is to be included.
“6b. (1) Where the Minister—
(a) provisionally approves a proposed change in respect of a school under paragraph 6a (3) (a) or (4) (a), being a proposed change of a kind referred to in paragraph 6a (1) (b);
(b) makes a determination of the kind referred to in paragraph 6a (9) (b) or sub-section 6a (11) or (19) varying the list of systemic schools in relation to a school; or
(c) gives notice to the approved authority of an approved school system, under paragraph 6a (4) (b) or (15) (b), in respect of a systemic school,
the Minister may, by determination in writing, vary the list of systemic schools by—
(d) in a case where no maximum number of students is specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list— specifying in the list opposite to the name of the school or location, as the case may be, a maximum number of students; or
(e) in a case where a maximum number of students is specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list— omitting that number and specifying another maximum number of students in the list opposite to the name of the school or location, as the case may be,
with effect from a date specified in the determination, including a date before the making of the determination.
“(2) Where—
(a) the Minister varies the list of systemic schools under sub-section (1), by virtue of paragraph (1) (a) or (b), in relation to a change proposed to be initiated in respect of a school during the year 1986, 1987 or 1988; and
(b) that year expires without the proposed change being initiated,
the Minister may, by determination in writing, vary the list by—
(c) omitting the maximum number of students specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list and specifying another maximum number of students in the list opposite to the name of the school or location, as the case may be; or
(d) omitting the maximum number of students specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list,
with effect from a date specified in the determination, including a date before the making of the determination.
“(3) Where a maximum number of students is specified in the list of systemic schools opposite to the name of a school or opposite to the name of a location in respect of which the school is included in the list, the approved authority of the approved school system in which the school is included may make application to the Minister for a variation of the list so as to increase the number so specified, such application to be—
(a) made by notice in writing accompanied by such particulars as will, in the opinion of the approved authority, permit the Minister to determine whether to make the variation; and
(b) given to the Minister not later than 2 years, or such lesser period as the Minister, in special circumstances, allows, before the commencement of the year in which the proposed variation would take effect.
“(4) Subject to sub-sections (6) and (7), where the Minister receives notice, in accordance with sub-section (3), from the approved authority of an approved school system in relation to a proposed variation of the list of systemic schools in relation to a school, the Minister shall—
(a) by determination in writing, vary the list in accordance with the proposed variation, with effect from a date specified in the determination, including a date before the making of the determination; or
(b) by notice in writing to the approved authority, inform the approved authority that the Minister is not satisfied that the proposed variation should be made and invite the approved authority to make, within such period as the Minister specifies in the notice, such submissions relating to the proposed variation as the approved authority considers appropriate.
“(5) Subject to sub-sections (6) and (7), where the Minister invites an approved authority, pursuant to sub-section (4), to make submissions in respect of a proposed variation of the list of systemic schools in respect of a school within a specified period, the Minister shall consider any submissions made by the approved authority within that period and shall—
(a) by determination in writing, vary the list in accordance with the proposed variation, with effect from a date specified in the determination, including a date before the making of the determination; or
(b) by notice in writing to the approved authority, inform the approved authority that the Minister is not satisfied that the proposed variation should be made.
“(6) The Minister shall vary the list of systemic schools under sub-section (4) or (5) in accordance with a proposed variation of the list in respect of a school if the Minister is satisfied that the proposed variation
will not involve a significant increase in, or alteration to, the school’s clientele.
“(7) Subject to sub-section (6), the Minister shall not vary the list of systemic schools under sub-section (4) or (5) in accordance with a proposed variation of the list in respect of a school unless the Minister is satisfied that 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 variation.
“(8) The Minister shall, in deciding at a particular time whether to vary the list of systemic schools under sub-section (4) or (5) in accordance with a proposed variation of the list in respect of a school, have regard to—
(a) the plans (including the plans of the relevant government and nongovernment education authorities) in existence at that time for the provision of education in the State, and in the locality, in which the school is situated;
(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.
“(9) Where the Minister makes a determination of the kind referred to in sub-section (1) or (2) or paragraph (4) (a) or (5) (a) varying the list of systemic schools in relation to a school, the Minister shall give notice in writing of the determination to the approved authority of the approved school system in which the school is included.
“6c. (1) Where—
(a) in the case of a school included in the list of systemic schools with effect from 1 January 1985 or a later date—the number of students enrolled at the school at any level on the schools census date in any year to which section 28 applies; or
(b) in the case of a school included in the list of systemic schools with effect from 1 January 1985 or a later date in respect of the provision of education at a particular level—the number of students enrolled at the school at that level on the schools census date in any year to which section 28 applies,
is less than the number that is, in accordance with sub-section 3 (9), the minimum acceptable number of students for that level at that schools census date, the Minister may, by notice in writing to the approved authority of the approved school system in which that school is included, inform the approved authority that the Minister proposes, unless the approved authority establishes, by written submission made to the Minister within a period specified in the notice, that there is a special justification for the low enrolment, to vary the list of systemic schools in a manner referred to in sub-section (3).
“(2) Where the approved authority of an approved school system may, pursuant to sub-section (1), make submissions to the Minister within a specified period, the Minister shall, by notice in writing to the approved authority—
(a) if the Minister becomes satisfied, having regard to the submissions that are made, that there exists a special justification for the matter the subject of the submission—inform the approved authority accordingly; and
(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—inform the approved authority that he or she is not so satisfied.
“(3) Where the Minister gives the approved authority of an approved school system a notice under paragraph (2) (b) in respect of a school, the Minister may, by determination in writing, vary the list of systemic schools by-
(a) removing the school from the list; or
(b) specifying that the school is included in the list only in so far as it provides education at a specified level,
with effect from the expiration of the 31 December next following the making of the determination.
“(4) Where a school is included in the list of non-systemic schools, the Minister may, by determination in writing, vary the list of systemic schools by including the school in the list, with effect from a date specified in the determination (in this sub-section referred to as the ‘relevant date’), being the date on which the determination is made or a later date, and, where the Minister does so—
(a) the list of systemic schools shall be deemed, with effect from the relevant date, to be so varied;
(b) the list of systemic schools shall be deemed, with effect from the relevant date, to be varied by the specification opposite to the name of the school of the particulars (other than the specification of the level at which financial assistance is provided under section 29 to the school) specified, on the date immediately preceding the relevant date, opposite to the name of the school in the list of non-systemic schools; and
(c) the list of non-systemic schools shall be deemed to be varied by the exclusion of the school from the list with effect from the expiration of the day immediately preceding the relevant date.
“(5) Where the Minister makes a determination of the kind referred to in sub-section (3) or (4) varying the list of systemic schools in relation to a school, the Minister shall give notice in writing of the determination to the approved authority of the approved school system in which the school is included.
“(6) The Minister shall, as soon as
practicable after 31 December in each year to which section 28 applies, and
may, at such other times as the Minister considers appropriate, cause the list
of systemic schools, in a form approved by the Minister for the purposes of
this sub-section, to be published in the
“(7) The Minister may, in writing, vary the list of systemic schools for the purpose of correcting clerical errors or making alterations of a formal kind.
“(8) Where the Minister, pursuant to sub-section 6a (2), (9), (11) or (19) or 6b (1), (2), (4) or (5) or sub-section (3) of this section, varies the list of systemic schools, by determination in writing, in a manner specified in the determination, with effect from a date, or from the expiration of a date, specified in the determination, the list shall, with effect from that date or from the expiration of that date, as the case may be, be deemed to be or to have been so varied.
“6d. (1) The Minister may, by notice in writing, declare a school system in a State, or in a part of a State, that consists of non-government schools to be an approved school system for the purposes of this Act.
“(2) Where the Minister makes a declaration under sub-section (1) in relation to a school system, the Minister shall, having regard to the need of the system for financial assistance, specify in the declaration the level (being a level of assistance set out in column 1 of Parts I, II, III and IV of Schedule 9) at which financial assistance is to be provided, under section 28, to the system for the purpose of meeting recurrent expenditure of the system.
“(3) A school system shall, for so long as it is declared by the Minister, for the purposes of this Act, to be an approved school system, be deemed to be included in the list of approved school systems as in force from time to time for the purposes of this Act.
“(4) The Minister may, having regard to any significant change in the need of an approved school system for financial assistance, including a change in the need of the system arising by reason of the inclusion in or exclusion from the list of systemic schools of a school, or a school in so far as it provides education at a particular level, by determination in writing, vary the list of approved school systems by specifying, in the determination, a different level (being a level of assistance set out in column 1 of Parts I, II, III and IV of Schedule 9) as the level at which financial assistance is to be provided, under section 28, in respect of the system for the purpose of meeting recurrent expenditure of the system.
“(5) Where the Minister makes a determination under sub-section (4), the determination shall, unless the Minister, in special circumstances, specifies in the determination that it takes effect from the 1 January preceding the making of the determination, take effect from the expiration of the 31 December next following the making of the determination.
“(6) Where—
(a) the Minister is satisfied that the total expenditure of a recurrent nature, during a year to which section 28 applies, in respect of all the systemic schools in an approved school system, from income received in respect of all those schools in respect of that year from sources other than the Commonwealth Government or the Government of a State, has not been maintained at an adequate level having regard to—
(i) the level of such expenditure during the year 1983, or, in a case where the system has been or is included in the list of approved school systems as in force for the purposes of a previous schools assistance Act or this Act after 1983, during the first full year for which data relating to the level of such expenditure in respect of systemic schools included in the system is available; and
(ii) any other matters that the Minister considers relevant; and
(b) the relevant income of the system (as calculated in accordance with the method specified for the purpose under sub-section 3 (11)) in respect of the most recent year for which data is available to the Commonwealth did not exceed—
(i) if education was provided by the systemic schools included in the system during that year at only one level—the product of the amount that is specified, in accordance with sub-section 3 (10), to be the community standard in relation to that last-mentioned year at the level at which education was provided and the sum of the number of students enrolled at those schools at that level on the schools census date for that year; or
(ii) if education was provided during that year by the systemic schools included in the system at more than one level—the aggregate of the respective products referred to in sub-paragraph (i) for each level at which education was provided by the schools,
the Minister may, by notice in writing, inform the approved authority of the system that, unless the approved authority establishes, by written submission made to the Minister within a period specified in the notice, that there is a special justification for the level of such expenditure during the year that is first-mentioned in paragraph (a), the Minister may, in his or her discretion, take account of the failure so to maintain the level of such expenditure in considering any variation of the level of assistance specified in respect of the system in the list of approved school systems.
“(7) Where the approved authority of an approved school system may, pursuant to sub-section (6), make submissions to the Minister within a specified period, the Minister shall, by notice in writing to the approved authority—
(a) if the Minister becomes satisfied, having regard to the submissions that are made, that there exists a special justification for the matter the subject of the submission—inform the approved authority accordingly; and
(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—inform the approved authority that he or she is not so satisfied.
“(8) Where the Minister gives the approved authority of an approved school system notice under paragraph (7) (b), the Minister may, at any time during a year to which section 28 applies, take account of the failure to maintain the level of recurrent expenditure from income of the systemic schools in the system of the kind referred to in paragraph (6) (a) in considering any variation to the level of assistance specified in respect of the system in the list of approved school systems.
“(9) Where—
(a) the Minister is satisfied that the average rate of increase of fees and other compulsory charges of the systemic schools in an approved school system during a year to which section 28 applies is excessive having regard to—
(i) general movements in wages and prices during that year; and
(ii) any other matters that the Minister considers relevant; and
(b) the income from private sources of the system (as calculated in accordance with the method specified for the purpose under sub-section 3 (11)) in respect of the most recent year for which data is available to the Commonwealth exceeds—
(i) if education was provided by the systemic schools included in the system during that year at only one level—the product of the amount that is specified, in accordance with sub-section 3 (10), to be the community standard in relation to that last-mentioned year at the level at which education is provided and the sum of the number of students enrolled at those schools at that level on the schools census date for that year; or
(ii) if education was provided by the systemic schools included in the system during that year at more than one level—the aggregate of the respective products referred to in sub-paragraph (i) for each level at which education was provided by those schools during that year,
the Minister may, by notice in writing, inform the approved authority of the approved school system that, unless the approved authority provides to the Minister a special justification for the increase, the Minister may, in his or her discretion, take that increase into account in determining the level of
assistance applicable to the approved school system under a subsequent schools assistance Act after 31 December 1988.
“(10) The Minister shall, as soon
as practicable after 31 December in each year to which section 28 applies, and
may, at such other times as the Minister considers appropriate, cause the list
of approved school systems, in a form approved by the Minister for the purposes
of this sub-section, to be published in the
“(11) Where the Minister makes a determination of the kind referred to in sub-section (4) varying the list of approved school systems in relation to an approved school system, the Minister shall give notice in writing of the determination to the approved authority of the approved school system.
“(12) The Minister may, in writing, vary the list of approved school systems for the purpose of correcting clerical errors or making alterations of a formal kind.”.
(a) by omitting sub-sections (1) to (4) (inclusive) and substituting the following sub-section:
“(1) Where the Minister has, otherwise than under this Act and before 15 October 1984, received notice of—
(a) a change in the location of a non-systemic school or of a part of a non-systemic school; or
(b) a change consisting of the provision of a new level of education at a non-systemic school,
being a change proposed to be initiated in the year 1985, the Minister shall, by notice in writing to the approved authority of the school—
(c) if the Minister is satisfied that the change meets the criteria for acceptable changes to existing schools—inform the approved authority that the Minister is so satisfied and that he or she provisionally approves the inclusion in the list of non-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 accordingly and invite the approved authority to make, within such period as the Minister specifies in the notice, such submissions, in writing, in relation to the change, as the approved authority considers appropriate.”;
(b) by omitting from sub-section (5) “(4)” and substituting “(1)”;
(c) by omitting from sub-section (6) “a year to which section 29 applies” and substituting “the year 1985”;
(d) by omitting from sub-section (6) “(3) (a), or, so far as a change intitiated during the year 1985 is concerned, a change similar to a change so referred to,” and substituting “(1) (a)”;
(e) by omitting from paragraph (6) (a) “(4)” and substituting “(1)”;
(f) by omitting from paragraph (6) (b) “(4)” and substituting “(1)”;
(g) by omitting from sub-section (7) “a year to which section 29 applies” and substituting “the year 1985”;
(h) by omitting from sub-section (7) “(3) (b), or, so far as a change initiated during the year 1985 is concerned, a change similar to a change so referred to,” and substituting “(1) (b)”;
(j) by omitting from sub-section (7) “(4)” and substituting “(1)”;
(k) by omitting from paragraph (8) (a) “(3) (b)” and substituting “(1) (b)”;
(m) by omitting from paragraph (8) (b) “(3) or of a change proposed to be initiated during the year 1985 that is similar to a change so referred to” and substituting “(1)”;
(n) by omitting from sub-paragraph (8) (b) (ii) “the change is proposed to be initiated in the year 1985 and”;
(o) by adding at the end of sub-paragraph (8) (b) (ii) “and”;
(p) by omitting from sub-paragraph (8) (b) (iii) “viability; and” and substituting “viability.”;
(q) by omitting sub-paragraph (8) (b) (iv);
(r) by omitting sub-sections (9) and (10) and substituting the following sub-section:
“(9) Where the Minister has, otherwise than under this Act and before 1 July 1984, received an application for the provision of financial assistance from the Commonwealth commencing in the year 1985 in respect of—
(a) an existing school, or a new school, that is not included in the list of non-systemic schools; or
(b) an existing school that is included in the list of non-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 non-systemic schools as in force for the purpose of this Act or of any previous schools assistance Act,
from the person or body principally responsible for, in the case of an existing school, the control of the school and, in the case of a new school, the establishment of the school, the Minister shall, by notice in writing given to the person or body (in this section referred to as the ‘relevant 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 relevant authority that the Minister is so satisfied and that he or she 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 non-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 relevant authority accordingly and invite the relevant authority to make, within such period as the Minister specifies in the notice, 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 relevant authority considers appropriate.”;
(s) by omitting from sub-section (11) “(10)” and substituting “(9)”;
(t) by omitting from sub-section (12) “, 1986, 1987 or 1988”;
(u) by omitting from sub-section (12) “(10)” and substituting “(9)”;
(w) by omitting from paragraph (15) (b) “it is proposed that financial assistance from the Commonwealth commence to be provided in respect of the school, or the school in so far as it provides, or proposes to provide, education at that level, during the year 1985 and”;
(y) by adding at the end of paragraph (15) (b) “and”;
(z) by omitting from paragraph (15) (c) “viability; and” and substituting “viability.”;
(za) by omitting paragraph (15) (d); and
(zb) by omitting sub-sections (16) to (23) (inclusive).
made under sub-section 7c (1), (2), (3), (4), (5), (13) or (7), as the case may be, of the Principal Act as amended by this Act.
“7a. (1) Where it is proposed, in relation to a non-systemic school, to—
(a) initiate, at any time during a year between 1986 and 1990 (inclusive)—
(i) a change in the location of the school or of any part of the school; or
(ii) a change consisting of the provision of a new level of education at the school; or
(b) initiate, at any time during a year between 1987 to 1990 (inclusive)—
(i) a change consisting of the amalgamation of the school with another school or other schools;
(ii) a change consisting of the separation of the school into 2 or more schools;
(iii) a change of the school from a single-sex school to a coeducational school or from a co-educational school to a single-sex school; or
(iv) a change of the school—
(a) from a day school to a boarding school or to a day and boarding school;
(b) from a boarding school, to a day school or to a day and boarding school; or
(c) from a day and boarding school to a day school or to a boarding school,
the approved authority of the school shall inform the Minister, by notice in writing, of the proposed change, the notice to—
(c) be given to the Minister not later than—
(i) if the change is a change of a kind referred to in paragraph (a) and is proposed to be initiated during the year 1986—1 year, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year;
(ii) if the change is a change of a kind referred to in paragraph (b) and is proposed to be initiated during the year 1987—1 year, or such lesser period as the Minister, in special circumstances, allows, before the commencement of that year; or
(iii) in any other case—2 years, or such lesser period as the Minister, in special circumstances, allows, before the commencement of the year during which it is proposed to initiate the change; and
(d) set out particulars of the proposed change and request the Minister to provisionally approve the proposed change.
“(2) Where—
(a) the approved authority of a school initiates, during the year 1986, 1987 or 1988, a change of a kind referred to in sub-section (1) in respect of the school; and
(b) the approved authority did not inform the Minister, in the manner referred to in sub-section (1), of the change,
the Minister may, by determination in writing, vary the list of non-systemic schools by—
(c) in a case where no maximum number of students is specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list—specifying in the list opposite to the name of the school or location, as the case may be, a maximum number of students; or
(d) in a case where a maximum number of students is specified in the list opposite to the name of the school or opposite to the name of a location in respect of which the school is included in the list—omitting that number and specifying another maximum number of students in the list opposite to the name of the school or location, as the case may be,
with effect from a date specified in the determination, including a date before the making of the determination.
“(3) Subject to sub-sections (5), (6) and (8), where the Minister receives notice, in accordance with sub-section (1), from the approved authority of a school of a proposed change to the school, the Minister shall—
(a) provisionally approve, in writing, the proposed change; or
(b) by notice in writing to the approved authority, inform the approved authority that the Minister is not satisfied that he or she should provisionally approve the proposed change and invite the approved authority to make, within such period as the Minister specifies in the notice, such submissions relating to the proposed provision of
financial assistance from the Commonwealth in respect of the proposed change as the approved authority considers appropriate.
“(4) Subject to sub-sections (5), (6) and (8), where the Minister invites the approved authority of a school, pursuant to sub-section (3), to make submissions in respect of the proposed provision of financial assistance from the Commonwealth in respect of a proposed change to the school, within a specified period, the Minister shall consider any submissions made by the approved authority within that period and shall—
(a) provisionally approve, in writing, the proposed change; or
New South Wales................................... Victoria..................................................... Queensland.............................................. Western Australia................................... South Australia....................................... Tasmania................................................. Northern Territory | 7,186,000 5,374,000 3,444,000 1,931,000 1,896,000 631,000 226,000 | 497,000 372,000 238,000 133,000 130,000 44,000 16,000 | 1,906,000 1,775,000 818,000 407,000 366,000 50,000 11,000 | 143,000 134,000 62,000 30,000 28,000 9,000 2,000 |
| 20,688,000 | 1,430,000 | 5,333,000 | 408,000 |
PART II—1986
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................................... Victoria..................................................... Queensland.............................................. Western Australia................................... South Australia....................................... Tasmania................................................. Northern Territory.................................. | 6,914,000 5,138,000 3,357,000 1,875,000 1,804,000 609,000 226,000 | 476,000 354,000 231,000 129,000 124,000 42,000 16,000 | 1,822,000 1,716,000 790,000 398,000 349,000 47,000 11,000 | 136,000 128,000 59,000 30,000 26,000 8,000 3,000 |
| 19,923,000 | 1,372,000 | 5,133,000 | 390,000 |
————
SCHEDULE 6 Section 20
GOVERNMENT SCHOOLS—COMPUTER EDUCATION
Column 1 | Column 2 | Column 3 |
Name of State | Government schools year commencing 1 January 1985 | Government schools year commencing 1 January 1986 |
$ | $ | |
New South Wales................................................................... Victoria..................................................................................... Queensland.............................................................................. Western Australia................................................................... South Australia....................................................................... Tasmania................................................................................. Northern Territory.................................................................. | 1,662,000 1,380,000 727,000 480,000 519,000 257,000 147,000 | 1,683,000 1,370,000 764,000 488,000 506,000 248,000 141,000 |
| 5,172,000 | 5,200,000 |
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SCHEDULE 7 Sections 22, 47 and 48
PROGRAMS OF BASIC LEARNING
PART I—1985
Column 1 | Column 2 | Column 3 |
Name of State | Government schools year commencing 1 January 1985 | Non-government schools year commencing 1 January 1985 |
$ | $ | |
New South Wales................................................................... Victoria..................................................................................... Queensland.............................................................................. Western Australia................................................................... South Australia....................................................................... Tasmania................................................................................. Northern Territory.................................................................. | 1,736,000 1,256,000 962,000 576,000 541,000 245,000 167,000 | 440,000 389,000 215,000 135,000 128,000 77,000 32,000 |
| 5,483,000 | 1,416,000 |
PART II—1986
Column 1 | Column 2 | Column 3 |
Name of State | Government schools year commencing 1 January 1986 | Non-government schools year commencing 1 January 1986 |
$ | $ | |
New South Wales................................................................... Victoria..................................................................................... Queensland.............................................................................. Western Australia................................................................... South Australia....................................................................... Tasmania................................................................................. Northern Territory.................................................................. | 1,748,000 1,259,000 976,000 581,000 539,000 243,000 166,000 | 440,000 392,000 214,000 135,000 127,000 76,000 41,000 |
| 5,512,000 | 1,425,000 |
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SCHEDULE 8 Section 26
NON-GOVERNMENT SCHOOLS—BUILDING AND EQUIPMENT PROJECTS
PART I—1985
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” | Total |
$ | $ | $ | $ | $ | |
New South Wales................................................................................................................ Victoria................................................................................................................ Queensland................................................................................................................ Western Australia................................................................................................................ South Australia................................................................................................................ Tasmania................................................................................................................ Northern Territory................................................................................................................ | 12,787,000 10,906,000 7,335,000 3,381,000 2,673,000 1,105,000 726,000 | 1,588,000 1,598,000 514,000 322,000 251,000 78,000 25,000 | 1,906,000 1,914,000 818,000 408,000 367,000 120,000 36,000 | 1,541,000 1,539,000 747,000 370,000 305,000 102,000 23.000 | 17,822,000 15,957,000 9,414,000 4,481,000 3,596,000 1,405,000 810.000 |
| 38,913,000 | 4,376,000 | 5,569,000 | 4,627,000 | 53,485.000 |
PART II—1986
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SCHEDULE 9 Sections 28 and 29
NON-GOVERNMENT SCHOOLS—RECURRENT EXPENDITURE
PART I—LEVELS OF ASSISTANCE FOR RECURRENT EXPENDITURE FOR NON-GOVERNMENT PRIMARY SCHOOLS (INCLUSIVE OF MAXIMUM RESOURCE AGREEMENT ALLOCATIONS)
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Level of assistance | Amount per student for year 1985 | Amount per student for year 1986 | Amount per student for year 1987 | Amount per student for year 1988 |
$ | $ | $ | $ | |
1......................................................... 2......................................................... 3......................................................... 4......................................................... 5......................................................... 6......................................................... 7......................................................... 8......................................................... 9......................................................... 10...................................................... 11...................................................... 12...................................................... | 284 378 386 571 578 583 588 785 787 791 794 798 | 298 397 416 600 616 630 642 837 844 855 864 873 | 298 397 427 600 627 651 674 851 868 885 902 919 | 298 397 444 600 648 678 715 871 896 921 947 973 |
PART II—BASE YEAR LEVELS OF ASSISTANCE FOR NON-GOVERNMENT PRIMARY SCHOOLS
Column 1 | Column 2 | Column 3 |
Level of assistance | Amount per student for year 1985 | Amount per student for each of years 1986, 1987 and 1988 |
$ | $ | |
1..................................................................................................................... 2..................................................................................................................... 3..................................................................................................................... 4..................................................................................................................... 5..................................................................................................................... 6..................................................................................................................... 7..................................................................................................................... 8..................................................................................................................... 9..................................................................................................................... 10................................................................................................................... 11................................................................................................................... 12................................................................................................................... | 284 378 378 571 571 571 571 777 777 777 777 777 | 298 397 406 600 607 613 618 825 828 831 834 839 |
PART III—LEVELS OF ASSISTANCE FOR RECURRENT EXPENDITURE FOR NON-GOVERNMENT SECONDARY SCHOOLS (INCLUSIVE OF MAXIMUM RESOURCE AGREEMENT ALLOCATIONS)
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Level of assistance | Amount per student for year 1985 | Amount per student for year 1986 | Amount per student for year 1987 | Amount per student for year 1988 |
$ | $ | $ | $ | |
1.......................................................... | 449 | 472 | 472 | 472 |
2.......................................................... | 599 | 630 | 630 | 630 |
3.......................................................... | 607 | 647 | 659 | 678 |
4.......................................................... | 908 | 955 | 955 | 955 |
5.......................................................... | 913 | 965 | 973 | 986 |
6.......................................................... | 921 | 985 | 1,007 | 1,040 |
7.......................................................... | 929 | 1,005 | 1,045 | 1,096 |
8.......................................................... | 1,238 | 1,308 | 1,317 | 1,326 |
9.......................................................... | 1,243 | 1,322 | 1,344 | 1,366 |
10....................................................... | 1,249 | 1,338 | 1,372 | 1,408 |
11....................................................... | 1,254 | 1,352 | 1,393 | 1,444 |
12....................................................... | 1,259 | 1,363 | 1,417 | 1,481 |
PART IV—BASE YEAR LEVELS OF ASSISTANCE FOR NON-GOVERNMENT SECONDARY SCHOOLS
Column 1 | Column 2 | Column 3 |
Level of assistance | Amount per student for year 1985 | Amount per student for each of years 1986, 1987 and 1988 |
$ | $ | |
1......................................................................................................................... | 449 | 472 |
2......................................................................................................................... | 599 | 630 |
3......................................................................................................................... | 599 | 638 |
4......................................................................................................................... | 908 | 955 |
5......................................................................................................................... | 908 | 959 |
6......................................................................................................................... | 908 | 968 |
7......................................................................................................................... | 908 | 976 |
8......................................................................................................................... | 1,235 | 1,301 |
9......................................................................................................................... | 1,235 | 1,307 |
10...................................................................................................................... | 1,235 | 1,312 |
11...................................................................................................................... | 1,235 | 1,318 |
12...................................................................................................................... | 1,235 | 1,323 |
—————
SCHEDULE 10 Sections 28 and 29
NON-GOVERNMENT SCHOOLS—SUPPLEMENTARY ESTABLISHMENT GRANTS
PART I—NON-GOVERNMENT PRIMARY SCHOOLS
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Year of establishment | Amount per primary student in 1985 | Amount per primary student in 1986 | Amount per primary student in 1987 | Amount per primary student in 1988 |
$ | $ | $ | $ | |
1982...................................................... 1983...................................................... 1984...................................................... 1985...................................................... 1986...................................................... 1987...................................................... 1988...................................................... | 47 94 141 188 0 0 0 | 0 49 99 148 198 0 0 | 0 0 49 99 148 198 0 | 0 0 0 49 99 148 198 |
PART II—NON-GOVERNMENT SECONDARY SCHOOLS
Column 1 | Column 2 | Column 3 | Column 4 | Column 5 |
Year of establishment | Amount per secondary student in 1985 | Amount per secondary student in 1986 | Amount per secondary student in 1987 | Amount per secondary student in 1988 |
$ | $ | $ | $ | |
1982...................................................... 1983...................................................... 1984...................................................... 1985...................................................... 1986...................................................... 1987...................................................... 1988...................................................... | 75 150 225 300 0 0 0 | 0 79 157 236 315 0 0 | 0 0 79 157 236 315 0 | 0 0 0 79 157 236 315 |
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SCHEDULE 11 Sections 31, 32, 33, 73 and 76
MISCELLANEOUS GRANTS
PART I—1985
Column 1 | Column 2 | Column 3 | Column 4 |
Total of all additional grants under section 31 for non-government schools in need of short-term emergency assistance | Total of all grants under sections 32 and 33 for general education in English as a second language in non-government schools | Total of all grants under section 73 for approved education centres | Total of all grants under section 76 for projects or programs of national significance |
$657,000 | $18,004,000 | $2,446,000 | $1,648,000 |
PART II—1986
Column 1 | Column 2 | Column 3 | Column 4 |
Total of all additional grants under section 31 for non-government schools in need of short-term emergency assistance | Total of all grants under sections 32 and 33 for general education in English as a second language in non-government schools | Total of all grants under section 73 for approved education centres | Total of all grants under section 76 for projects or programs of national significance |
$660,000 | $17,969,000 | $2,456,000 | $1,656,000 |
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SCHEDULE 12 Sections 43 and 44
NON-GOVERNMENT SCHOOLS—COMPUTER EDUCATION
Column 1 | Column 2 | Column 3 | |||
Name of State | Non-government schools year commencing 1 January 1985 | Non-government schools year commencing 1 January 1986 | |||
$ | $ | ||||
New South Wales............................................................................... Victoria................................................................................................. Queensland.......................................................................................... Western Australia............................................................................... South Australia.................................................................................... Tasmania............................................................................................. Northern Territory.............................................................................. | 362,000 365,000 190,000 123,000 115,000 76,000 33,000 | 369,000 371,000 195,000 121,000 111,000 73,000 33,000 | |||
1,264,000 | 1,273,000 | ||||
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SCHEDULE 13 Sections 54 and 57
MULTICULTURAL EDUCATION
PART 1—1985
Division 1—Amounts of grants to States
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Division 2—Grants in relation to approved multicultural education projects of national significance
TOTAL OF GRANTS—$322,000
PART II—1986
Division 1—Amounts of grants to States
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Division 2—Grants in relation to approved multicultural education projects of national significance
TOTAL OF GRANTS—$312,000
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SCHEDULE 14 Sections 64 and 66
RESIDENTIAL INSTITUTIONS AND SEVERELY HANDICAPPED CHILDREN
PART I—1985
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SCHEDULE 15 Section 69
EARLY SPECIAL EDUCATION
PART I—1985
Division 1—Amounts of grants to States
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Division 2—National Allocations
TOTAL—$1,757,000
PART II—1986
Division 1—Amounts of grants to States
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Division 2—National Allocations
TOTAL—$1,765,000
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SCHEDULE 16 Section 71
PROFESSIONAL DEVELOPMENT ACTIVITIES
PART I—1985
Division 1—Amounts of grants to States
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Division 2—Grants in relation to approved professional development activities for special purposes
TOTAL OF GRANTS—$185,000
PART II—1986
Division 1—Amounts of grants to States
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Division 2—Grants in relation to approved professional development activities for special purposes
TOTAL OF GRANTS—$186,000
1. No. 126, 1984, as amended. For previous amendments, see No. 60, 1985.
[
Minister’s second reading speech made in—
House of Representatives on 21 November 1985
Senate on 3 December 1985 ]
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