States Grants (Schools Assistance) Amendment Act 1990 (Cth)

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States Grants (Schools Assistance) Amendment Act 1990

No. 1 of 1991

TABLE OF PROVISIONS

Section

1. Short title etc.

2. Commencement

3. Interpretation

4. Grants for capital projects in connection with government schools etc.

5. Grants for general recurrent expenditure of government schools

6. Grants for recurrent expenditure on ESL courses in government schools

7. Grants for expenditure in connection with special education at government schools and centres

8. Insertion of new section:

16a. Special education schools support—government element

9. Variations of Schedule 5

10. Approval of capital projects for non-government schools etc.

11. Grants for capital projects for non-government schools etc.

12. Grants for general recurrent expenditure of non-government schools

13. Recurrent expenditure grants: ESL courses in non-government schools for new arrivals

14. Grants for recurrent expenditure on special education at non-government schools etc.

15. Insertion of new section:

28a. Special education schools support—non-government element

16. Additional conditions of grants under Part

17. Grants for programs for children with severe disabilities

18. Grants for early special education programs

19. Insertion of new section:

37a. Special education—intervention support

20. Insertion of new sections:

39a. Literacy and learning projects—national element

39b. Literacy and learning projects—general element

TABLE OF PROVISIONS continued

Section

21. Insertion of new Part:

PART VIIb—GRANTS FOR AWARD RESTRUCTURING

40e. Approved awards and agreements

40f. Award restructuring assistance

40g. Amount of award restructuring assistance

40h. Conditions of award restructuring assistance

40j. Publication of details of grants of award restructuring assistance

22. Minor amendments of Principal Act

23. Repeal of Schedules and substitution of new Schedules

SCHEDULE 1

MINOR AMENDMENTS OF PRINCIPAL ACT

SCHEDULE 2

NEW SCHEDULES TO THE PRINCIPAL ACT

States Grants (Schools Assistance) Amendment Act 1990

No. 1 of 1991

An Act to amend the States Grants (Schools Assistance) Act 1988

[Assented to 8 January 1991]

The Parliament of Australia enacts:

Short title etc.

1.(1) This Act may be cited as the States Grants (Schools Assistance) Amendment Act 1990.

(2) In this Act, “Principal Act” means the States Grants (Schools Assistance) Act 19881.

Commencement

2. This Act commences on the day on which it receives the Royal Assent.

Interpretation

3. Section 3 of the Principal Act is amended:

(a) by omitting from paragraph (h) of the definition of “capital project” in subsection (1) “or a rural student hostel”;

(b) by omitting from subsection (1) the definition of “integration activities” and substituting the following definition:

‘integration activities’ means activities designed to integrate children with disabilities or students with disabilities into schools, or into other places of education approved by the Minister or the State Minister for the purposes of this definition, being schools or places of education at which education is provided for children or students other than children with disabilities or students with disabilities;”;

(c) by omitting from the definition of “schools census day” in subsection (1) “July” and substituting “August”;

(d) by inserting the following definitions:

‘additional expenditure’ means:

(a) in relation to complying with an approved award or agreement in a program year—expenditure in that year of a greater amount than the amount that would have been spent if the award or agreement had not been made; or

(b) in relation to complying with terms or conditions referred to in subsection 40f (3) in a program year—expenditure in that year of a greater amount than the amount that would have been spent if the terms and conditions had not been restructured as mentioned in that subsection;

and, in either case, if the expenditure of an approved authority of an approved school system or of a non-systemic school in that year on the salary of a principal or a deputy principal of a school is greater than the amount that would have been spent if the award or agreement had not been made, or the terms and conditions had not been restructured, as the case may be— includes that greater expenditure, even if the principal or deputy principal is not covered by the approved award or agreement, or is not subject to the terms and conditions;

‘approved award or agreement’ means an award approved under section 40e, an agreement approved under that section, part of an award approved under that section or part of an agreement approved under that section;

‘award restructuring assistance’ means financial assistance under section 40f;

‘children in residential care’ means children who:

(a) are separated from their families for welfare, rehabilitation, corrective or medical purposes; and

(b) are living in establishments that provide programs that include one or more of the following services:

(i) counselling;

(ii) education;

(iii) guidance;

(iv) another service similar to a service mentioned in subparagraph (i), (ii) or (iii); and

(c) are participating in one or more of those programs;

‘child with disabilities’ means:

(a) a child who has not reached school age and who has been assessed by a person with relevant qualifications as having:

(i) intellectual impairment; or

(ii) sensory impairment; or

(iii) physical impairment; or

(iv) social and emotional impairment; or

(v) multiple impairments;

to a degree that would, if the child had reached school age, satisfy the criteria for enrolment in special education services, or special education programs, being services or programs provided by the government of a State; or

(b) a child with severe disabilities;

‘ESL course’ means a course of instruction in English as a second language;

‘quarter’ means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October in any year;

‘secondary’ means junior secondary or senior secondary;

‘school age’, in relation to a child, means the age at which the child is first required to attend school under a law of the State in which the child lives;

‘student with disabilities’ means:

(a) a student who is attending a government school, government centre, non-government school or non-government centre and has been assessed by a person with relevant qualifications as having:

(i) intellectual impairment; or

(ii) sensory impairment; or

(iii) physical impairment; or

(iv) social and emotional impairment; or

(v) multiple impairments;

to a degree that satisfies the criteria for enrolment in special education services or special education programs,

being services or programs provided by the government of the State in which the school or centre is located; or

(b) a child with severe disabilities;”;

(e) by inserting in subsection (4) “, a non-government centre” after “rural student hostel”.

Grants for capital projects in connection with government schools etc.

4. Section 12 of the Principal Act is amended by inserting after subsection (1) the following subsections:

“(1a) The Minister may, by determination in writing, authorise payment to a State by way of financial assistance to the State for expenditure for a program year for projects undertaken at secondary level assisting the retention of secondary level students in government schools.

“(1b) The total amount paid to a State under subsection (1a) for a program year must not exceed the amount set out opposite the name of the State in column 5 of Schedule 1.”.

Grants for general recurrent expenditure of government schools

5. Section 13 of the Principal Act is amended by adding at the end of subsection (1) the following word and paragraphs:

“; and (c) the product of the amount set out in the column of Part 3 of Schedule 2 that relates to the year and the number of students with disabilities (including the full-time equivalent of part-time students with disabilities) receiving primary education at government schools in the State on the schools census day for the State for that year or, in special circumstances, on another day determined by the Minister; and

(d) the product of the amount set out in the column of Part 4 of Schedule 2 that relates to the year and the number of students with disabilities (including the full-time equivalent of part-time students with disabilities) receiving secondary education at government schools in the State on the schools census day for the State for that year or, in special circumstances, on another day determined by the Minister.”.

Grants for recurrent expenditure on ESL courses in government schools

6. Section 14 of the Principal Act is amended by omitting subsections (2) and (3) and substituting the following subsections:

“(2) The Minister may, by determination in writing, authorise payment to a State of an amount by way of financial assistance to the State for recurrent expenditure for a program year on ESL courses provided for eligible new arrivals at or in connection with government

schools in the State, being courses beginning or continuing in the program year.

“(3) The total amount paid to a State under subsection (2) for a program year must not exceed the product of the amount specified in the column of Part 2 of Schedule 3 that relates to that year and the number of persons doing ESL courses as mentioned in subsection (2).”.

Grants for expenditure in connection with special education at government schools and centres

7. Section 16 of the Principal Act is amended:

(a) by omitting from subsection (1) “in respect of a program year” and substituting “for the program years 1989 and 1990”;

(b) by omitting from subsection (1) “that year” and substituting “the year concerned”.

8. After section 16 of the Principal Act the following section is inserted:

Special education schools support—government element

“16a. (1) The Minister may, by determination in writing, authorise the payment to a State for the program year 1991 and subsequent program years of an amount by way of financial assistance to the State for those years for recurrent expenditure, including recurrent expenditure on integration activities and expenditure on minor capital projects in connection with integration activities conducted at government schools in the State, or at places of education approved by the Minister or the State Minister for the purposes of the definition of ‘integration activities’ in subsection 3 (1), being schools or places at which special education is provided by or on behalf of the State.

“(2) An amount paid to a State under subsection (1) for a program year must not exceed the amount set out, opposite the name of the State, in column 2 of Schedule 5 in relation to the year.

“(3) The Minister must not authorise a payment to a State under subsection (1) for a program year unless the State has entered into an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind specified by the Minister that sets out conditions on which financial assistance is granted to the State under subsection (1).

“(4) Financial assistance is granted to a State for a program year under this section:

(a) on the conditions set out in the agreement; and

(b) on the additional conditions applicable under section 18.”.

Variations of Schedule 5

9. Section 17 of the Principal Act is amended:

(a) by omitting from subsection (1) all the words from and including “a program year” and substituting “the program year 1989 or 1990 some or all of the amounts set out in columns 2, 3, 4, 5, 6, 7 and 8 of Part 1 or Part 2 of Schedule 5 respectively.”;

(b) by inserting after subsection (1) the following subsection:

“(1a) Subject to subsection (2), the Minister may, by determination in writing, vary during the program year 1991 or a later program year some or all of the amounts set out, opposite the name of a State, in columns 2, 3 and 4 of the part of Schedule 5 that relates to the year.”.

Approval of capital projects for non-government schools etc.

10. Section 20 of the Principal Act is amended:

(a) by omitting subsection (2) and substituting the following subsection:

“(2) If the Minister approves a capital project for a program year:

(a) in connection with a non-BGA school, a non-government centre or a non-BGA rural student hostel; or

(b) in connection with children with disabilities or students with disabilities, being children or students attending a BGA school;

the Minister may specify in the instrument of approval the amount to be paid under section 21 in respect of that project for the year.”;

(b) by omitting subsection (5) and substituting the following subsection:

“(5) If the Minister approves a capital project for a BGA school or a BGA rural student hostel in respect of a program year or 2 or more program years, the Minister may specify in the instrument of approval the amount to be paid under section 21 in respect of the project for the year, or for each year, as the case requires.”;

(c) by omitting paragraph (7) (a) and substituting the following paragraph:

“(a) varying the total amount originally specified under subsection (5) or, if the original amount has been varied under subsection (8), the amount as varied, by more than 10%; or”;

(d) by omitting subsection (8) and substituting the following subsection:

“(8) The Minister may, by determination in writing, vary an amount specified under subsection (5) but not so as to require a payment to the block grant authority for a program year that exceeds the amount determined in relation to the authority under subsection (4) for the year.”.

Grants for capital projects for non-government schools etc.

11. Section 21 of the Principal Act is amended by omitting subsection (2) and substituting the following subsections:

“(2) The Minister may, by determination in writing, authorise payment to the States of amounts by way of financial assistance to the States for expenditure for the program years 1989 and 1990 in relation to projects for the benefit of children with disabilities or students with disabilities, being projects approved under section 20 for the year concerned.

“(2a) The sum of the amounts paid to the States under subsection (2) for a program year must not exceed the amount set out in column 3 of Schedule 6 opposite the year concerned.

“(2b) The Minister may, by determination in writing, authorise payment to the States of amounts by way of financial assistance to the States for expenditure for the program year 1991 and subsequent years in relation to projects for the benefit of children with disabilities or students with disabilities, being projects approved under section 20 for the year concerned.

“(2c) The sum of the amounts paid to the States under subsection (2b) for a program year must not exceed the amount set out in column 5 of the part of Schedule 5 that relates to that year.

“(2d) The Minister may, by determination in writing, authorise payment to the States by way of financial assistance for expenditure for a program year for projects assisting the retention of students in secondary schools, being projects at secondary level that have been approved under section 20 for that year.

“(2e) The sum of the amounts paid to the States under subsection (2d) for a program year must not exceed the amount set out in relation to the year in column 4 of Schedule 6.”.

Grants for general recurrent expenditure of non-government schools

12. Section 22 of the Principal Act is amended by adding at the end the following subsection:

“(8) If:

(a) an amount is payable to a State for a program year under another subsection of this section (except subsection (2) or (3)) in relation to the number of students receiving education at

systemic schools in an approved school system or at a non-systemic school; and

(b) any of the students are students with disabilities; and

(c) the funding level of the system or the non-systemic school is not category 12;

the Minister may, by determination in writing, authorise payment to the State for that year, for the approved authority of the system or the approved authority of the non-systemic school, of an additional amount equal to the product of:

(d) the number of the students with disabilities; and

(e) the difference between the amount payable under that subsection, in relation to a student, for the system or the non-systemic school for that year and the amount payable under that subsection for that year in relation to a student receiving education at a school in a system or a non-systemic school where the level of funding of the system or the non-systemic school is category 12.”.

Recurrent expenditure grants: ESL courses in non-government schools for new arrivals

13. Section 26 of the Principal Act is amended by omitting from subsection (1) “new arrivals in that year” and substituting “new arrivals enrolled in ESL courses beginning or continuing in the program year, being courses”.

Grants for recurrent expenditure on special education at non-government schools etc.

14. Section 28 of the Principal Act is amended:

(a) by omitting from subsection (1) “in respect of a program year” and substituting “for the program years 1989 and 1990”;

(b) by omitting from subsection (1) “that year” and substituting “the year concerned”.

(c) by omitting from subsection (2) “in respect of a program year” and substituting “for the program years 1989 and 1990”;

(d) by omitting from subsection (2) “that year” and substituting “the year concerned”.

15. After section 28 of the Principal Act the following section is inserted:

Special education schools support—non-government element

“28a. (1) The Minister may, by determination in writing, authorise the payment to a State, for the program year 1991 and subsequent program years, of an amount by way of financial assistance to the State for that year for recurrent expenditure, expenditure on integration activities and expenditure on minor capital projects, being expenditure

in connection with special education provided at or in connection with a non-government school, or a non-government centre, in the State.

“(2) An amount paid to a State under subsection (1) for a program year must not exceed the amount set out, opposite the name of the State, in column 3 of Schedule 5 in relation to the year.

“(3) Financial assistance for a program year is granted to a State under subsection (1) in connection with a non-government school or a non-government centre:

(a) on the condition that, subject to paragraph (b), the State will, as soon as possible, pay the approved authority of the school or the centre an amount equal to each amount paid to the State under subsection (1) in connection with the school or centre and, when making the payment, will identify the amount paid as a payment made out of money paid to the State by the Commonwealth under subsection (1); and

(b) on the condition that the State will only make a payment to the approved authority of the school or the centre if the approved authority has entered into an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind specified by the Minister; and

(c) on the additional conditions applicable under section 29.”.

Additional conditions of grants under Part

16. Section 29 of the Principal Act is amended by omitting subparagraph (3) (a) (ii) and substituting the following subparagraph:

“(ii) is granted to a State under a provision of this Part for non-government schools, non-government centres or rural non-government student hostels; and”.

Grants for programs for children with severe disabilities

17. Section 36 of the Principal Act is amended:

(a) by omitting from subsection (1) “in respect of a program year” and substituting “for the program years 1989 and 1990”;

(b) by omitting from subsection (1) “that year” and substituting “the year concerned”.

Grants for early special education programs

18. Section 37 of the Principal Act is amended:

(a) by omitting from subsections (1) and (2) “a program year” and substituting “the program years 1989 and 1990”;

(b) by omitting from subsection (2) “that year” (wherever occurring) and substituting “the year concerned”.

19. After section 37 of the Principal Act the following section is inserted:

Special education—intervention support

“37a. (1) The Minister may, by determination in writing, authorise the payment to a State, for the program year 1991 and subsequent program years, of an amount by way of financial assistance to the State for special education programs and special education activities provided in that year for children with disabilities, children with severe disabilities and children in residential care.

“(2) An amount paid to a State under subsection (1) for a program year must not exceed the amount set out, opposite the name of the State, in column 4 of Schedule 5 in relation to the year.

“(3) The Minister must not authorise payment to a State under subsection (1) for a program year unless the State has made an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind specified by the Minister that sets out conditions on which financial assistance is granted to the State under subsection (1).

“(4) Financial assistance for a program year is granted to a State under this section:

(a) on the conditions set out in the agreement; and

(b) on the condition that, if the State does not fulfil a condition specified in the agreement with respect to the grant within the time (if any) specified for fulfilment of the condition:

(i) the State will, if the Minister so determines, repay to the Commonwealth the amount specified by the Minister in the determination, being an amount not exceeding the sum of the amounts paid to the State under subsection (1) for the program year; and

(ii) the Minister may delay making any further payment to the State under subsection (1) until the State fulfils that condition.”.

20. After section 39 of the Principal Act the following sections are inserted:

Literacy and learning projects—national element

“39a. (1) The Minister may, by determination in writing, approve a project for the purposes of this section if:

(a) the project is to be carried out in Australia with the sole or principal object of enhancing literacy and learning at secondary level; and

(b) the Minister is satisfied that the project is of national importance

and that it is desirable to provide assistance under this section in connection with the project.

“(2) The Minister may, by determination in writing, authorise the payment to a State, for a program year, of an amount by way of financial assistance to the State for expenditure in relation to an approved project.

“(3) The sum of amounts paid to the States under subsection (2) for a program year must not exceed the amount set out in relation to the year in Part 1 of Schedule 18.

“(4) The Minister must not authorise payment to a State under subsection (2) for a program year unless the State has made an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind specified by the Minister that sets out conditions on which financial assistance is granted to the State under subsection (2).

“(5) Financial assistance is granted to a State under subsection (2) for a program year in relation to an approved project conducted by the State:

(a) on the conditions set out in the agreement; and

(b) on the condition that, if the State does not fulfil a condition specified in the agreement with respect to the grant within the time (if any) specified for the fulfilment of the condition:

(i) the State will, if the Minister so determines, repay to the Commonwealth an amount specified by the Minister in the determination, being an amount not exceeding the sum of the amounts of financial assistance paid to the State under subsection (2) for the program year; and

(ii) the Minister may delay making any further payment to the State under subsection (2) until the State fulfils the condition.

“(6) Financial assistance is granted to a State under subsection (2) for a program year in relation to an approved project conducted by a person or organisation (except the State):

(a) on the condition that the State will, as soon as practicable, pay the person or organisation an amount equal to each amount paid to the State under subsection (2) in relation to the project, and, when making a payment, will identify the amount paid to the person or organisation as a payment made in relation to the project from money granted to the State under this section; and

(b) on the condition that, if the State does not fulfil the condition referred to in paragraph (a), the State will, if the Minister so determines, repay to the Commonwealth the amount specified by the Minister in the determination, being an amount not

exceeding the sum of the amounts paid to the State under subsection (2) for the program year; and

(c) on the condition that the State will not make a payment to the person or organisation under subsection (2) unless the person or organisation has entered into an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind determined by the Minister; and

(d) on the condition that, if the person or organisation does not fulfil a condition of the agreement, the Minister may delay making any further payment to the State under this section in respect of the person or organisation until the person or organisation fulfils that obligation.

Literacy and learning projects—general element

“39b. (1) The Minister may, by determination in writing, authorise the payment to a State for a program year of an amount by way of financial assistance for recurrent expenditure for that year for professional development programs related to enhancing literacy and learning at secondary level.

“(2) The sum of any amounts paid to a State under subsection (1) for a program year must not exceed the amount set out, opposite the name of the State, in relation to that year in Part 2 of Schedule 18.

“(3) The Minister must not authorise a payment to a State for a program year unless the State has made an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind specified by the Minister that sets out conditions on which financial assistance is granted to the State under that subsection.

“(4) Financial assistance is granted to a State for a program year under subsection (1):

(a) on the conditions set out in the agreement; and

(b) on the condition that, if the State does not comply with a condition specified in the agreement relating to the grant within the time (if any) specified in the agreement for fulfilling the condition:

(i) the State will, if the Minister so determines, repay the Commonwealth an amount determined by the Minister, being an amount not exceeding the sum of the amounts of financial assistance paid to the State under subsection (1) for the program year; and

(ii) the Minister may delay making any further payment to the State under subsection (1) until the State fulfils the condition.”.

21. After Part VIIa of the Principal Act the following Part is inserted:

“PART VIIb—GRANTS FOR AWARD RESTRUCTURING

Approved awards and agreements

“40e. The Minister may approve for the purposes of this Part all or part of an award, or of an agreement, in respect of school teachers’ salaries, being an award or agreement made or endorsed by an industrial tribunal, or an industrial court, of the Commonwealth or a State.

Award restructuring assistance

“40f. (1) If the Minister is satisfied that a State will incur additional expenditure in relation to government schools in relation to a program year in complying with an approved award or agreement, the Minister may, by determination in writing, authorise payment by way of financial assistance to the State towards that additional expenditure.

“(2) If the Minister is satisfied that the approved authority of an approved school system or the approved authority of a non-systemic school will incur additional expenditure in relation to a program year in complying with an approved award or agreement, the Minister may, by determination in writing, authorise payment to the State for the approved authority by way of financial assistance towards that additional expenditure.

“(3) If:

(a) school teachers employed by the approved authority of an approved school system or of a non-systemic school are not covered by an approved award or agreement; and

(b) the Minister is satisfied:

(i) that the approved authority will incur additional expenditure in relation to a program year as a result of restructuring the terms and conditions of employment of the school teachers; and

(ii) that as a result of the restructuring, elements of those terms and conditions are comparable to elements of the terms and conditions of school teachers under an approved award or agreement;

the Minister may, by determination in writing, authorise payment to the State for the approved authority by way of financial assistance towards that additional expenditure.

Amount of award restructuring assistance

“40g. (1) The amount of award restructuring assistance paid or to be paid to a State for government schools for a program year must be determined by the Minister in writing having regard to any other

financial assistance paid or to be paid to the State under this Act for that year.

“(2) The amount of award restructuring assistance paid or to be paid for an approved authority for a program year must be determined by the Minister, in writing, having regard to any other assistance paid or to be paid to the State for the authority under this Act for that year.

“(3) The total amount of award restructuring assistance paid to the States for the program years 1990 and 1991 (including award restructuring assistance paid in those years to approved authorities) must not exceed the amount set out in column 1 of Schedule 19.

Conditions of award restructuring assistance

“40h. (1) Award restructuring assistance is granted to a State for government schools for a program year on the condition that the State has entered into an agreement with the Commonwealth in respect of that year, or for a number of years including that year, being an agreement of a kind determined by the Minister.

“(2) Award restructuring assistance is granted to a State for government schools for a program year:

(a) on the conditions set out in the agreement; and

(b) on the conditions that, if the State does not fulfil a condition set out in the agreement:

(i) the State will, if the Minister so determines, repay to the Commonwealth an amount specified by the Minister in the determination, being an amount not greater than the sum of the amounts of award restructuring assistance paid to the State for that year; and

(ii) the Minister may delay making any further payment to the State under this Part until the State fulfils the condition.

“(3) If the Minister has determined under subsection (2) that a State should repay an amount to the Commonwealth, and part or all of the amount remains unpaid, the Minister may reduce the amount payable under this Act to the State for government schools for a program year by an amount not greater than the amount that remains unpaid.

“(4) Award restructuring assistance is granted to a State for the approved authority of an approved school system or the approved authority of a non-systemic school for a program year on the conditions that:

(a) the State will pay the approved authority of the system or school an amount equal to each amount of award restructuring assistance paid to the State for the authority for that year, and, when making the payment, will identify it as a payment out of

the award restructuring assistance granted to the State under this Act; and

(b) the State will not pay any award restructuring assistance to the approved authority for a program year unless the authority has entered into an agreement with the Commonwealth for that year, or for a number of years including that year, being an agreement of a kind determined by the Minister.

“(5) Award restructuring assistance is granted to a State for an approved authority for a program year on the additional conditions that:

(a) if the State does not fulfil a condition specified in an agreement entered into for the purposes of subsection (4) within the time (if any) specified for fulfilling the condition, the State will, if the Minister so determines, repay the Commonwealth an amount specified by the Minister in the determination, being an amount not greater than the sum of the amounts of award restructuring assistance paid to the State for the authority for the year; and

(b) if the approved authority does not fulfil a condition of the agreement, the Minister may delay making any further payment of award restructuring assistance to the State for the authority until the authority fulfils the condition.

“(6) If the Minister has determined under subsection (5) that a State should repay an amount to the Commonwealth, and part or all of the amount remains unpaid, the Minister may reduce the amount payable under this Act to the State for the approved authority for a program year by an amount not exceeding the amount that remains unpaid.

“(7) Nothing in this section authorises the recovery by the Commonwealth, in respect of award restructuring assistance granted to a State under a provision of this Part, of any amount from that State under that provision or of any amount under an agreement entered into for the purpose of that provision, if the sum of that amount and:

(a) any amount previously recovered from that State under that provision; and

(b) any amount previously recovered under such an agreement;

would exceed the amount of that award restructuring assistance.

Publication of details of grants of award restructuring assistance

“40j. As soon as practicable after the end of each quarter in which payments of award restructuring assistance are made, the Minister must publish in the Gazette details of:

(a) the amount of award restructuring assistance paid to each State in that quarter for government schools; and

(b) the amount of award restructuring assistance paid to each State in that quarter for non-systemic schools; and

(c) the amount of award restructuring assistance paid to each State in that quarter for systemic schools.”.

Minor amendments of Principal Act

22. The Principal Act is amended as set out in Schedule 1.

Repeal of Schedules and substitution of new Schedules

23. The Schedules to the Principal Act (except Schedule 11) are repealed and the Schedules set out in Schedule 2 to this Act are substituted in their respective appropriate numerical positions.

____________

SCHEDULE 1 Section 22

MINOR AMENDMENTS OF PRINCIPAL ACT

Paragraph 18 (2) (b):

Omit “corresponds with”, substitute “corresponds to”.

Paragraph 39 (b) (c):

Omit “unless that”, substitute “unless”.

___________

SCHEDULE 2 Section 23

NEW SCHEDULES TO THE PRINCIPAL ACT

SCHEDULE 1 Section 12

CAPITAL PROJECTS FOR GOVERNMENT SCHOOLS

Column 1

Column 2

Column 3

Column 4

Column 5

State

General projects

1989

General projects

1990

General projects

1991

Projects assisting retention

1991

$

$

$

$

New South Wales.............

61,677,000

64,270,000

65,829,000

8,068,000

Victoria............................

43,937,000

45,130,000

46,363,000

5,920,000

Queensland......................

30,697,000

32,249,000

34,040,000

3,679,000

Western Australia.............

16,997,000

17,814,000

18,666,000

1,906,000

South Australia.................

15,306,000

15,668,000

16,321,000

1,746,000

Tasmania.........................

5,342,000

5,546,000

5,709,000

712,000

Australian Capital

Territory........................

1,901,000

3,453,000

3,581,000

Northern Territory............

2,182,000

2,228,000

2,283,000

200,000

Total................................

178,039,000

186,358,000

192,792,000

22,231,000

______________

SCHEDULE 2—continued

SCHEDULE 2 Section 13

GENERAL RECURRENT EXPENDITURE OF GOVERNMENT SCHOOLS

PART 1—PRIMARY EDUCATION

Column 1

Column 2

Column 3

Column 4

1989

1990

1991

1992

$

$

$

$

226

245

261

272

PART 2—SECONDARY EDUCATION

Column 1

Column 2

Column 3

Column 4

1989

1990

1991

1992

$

$

$

$

312

360

386

401

PART 3—PRIMARY EDUCATION— STUDENTS WITH DISABILITIES

Column 1

Column 2

1991

1992

$

$

52

54

PART 4—SECONDARY EDUCATION—STUDENTS WITH DISABILITIES

Column 1

Column 2

1991

1992

$

$

77

80

__________

SCHEDULE 2—continued

SCHEDULE 3 Section 14

EDUCATION IN ENGLISH AS A SECOND LANGUAGE— GOVERNMENT SCHOOLS

PART 1—ESL—GENERAL EDUCATION

Column 1

Column 2

Column 3

Column 4

State

1989

1990

1991

$

$

$

New South Wales................................

12,724,000

13,431,000

13,700,000

Victoria...............................................

10,764,000

11,361,000

11,590,000

Queensland.........................................

2,645,000

2,792,000

2,848,000

Western Australia................................

2,647,000

2,794,000

2,851,000

South Australia...................................

2,753,000

2,906,000

2,965,000

Tasmania............................................

361,000

381,000

388,000

Australian Capital Territory.................

361,000

722,000

737,000

Northern Territory...............................

320,000

338,000

344,000

Total...................................................

32,575,000

34,725,000

35,423,000

PART 2—ESL—NEW ARRIVALS

Column 1

Column 2

Column 3

1989

1990

1991

$

$

$

2,271

2,398

2,446

_____________

SCHEDULE 4 Sections 15 and 27

DISADVANTAGED SCHOOLS

PART 1—1989

Column 1

Column 2

Column 3

State

Disadvantaged government schools

Disadvantaged non-government schools

$

$

New South Wales.......................................

13,541,000

2,727,000

Victoria......................................................

11,558,000

2,937,000

Queensland.................................................

4,002,000

611,000

Western Australia.......................................

3,180,000

522,000

South Australia...........................................

3,298,000

346,000

Tasmania....................................................

942,000

101,000

Australian Capital Territory.........................

23,000

8,000

Northern Territory.......................................

992,000

35,000

Total...........................................................

37,536,000

7,287,000

SCHEDULE 2—continued

PART 2—1990

Column 1

Column 2

Column 3

State

Disadvantaged government schools

Disadvantaged non-government schools

$

$

New South Wales........................................

14,293,000

2,879,000

Victoria......................................................

12,200,000

3,100,000

Queensland.................................................

4,225,000

645,000

Western Australia........................................

3,357,000

551,000

South Australia...........................................

3,481,000

365,000

Tasmania....................................................

994,000

106,000

Australian Capital Territory.........................

46,000

16,000

Northern Territory.......................................

1,047,000

37,000

Total...........................................................

39,643,000

7,699,000

PART 3—1991

Column 1

Column 2

Column 3

State

Disadvantaged government schools

Disadvantaged non-government schools

$

$

New South Wales........................................

17,681,000

2,937,000

Victoria.......................................................

12,445,000

3,227,000

Queensland..................................................

5,936,000

658,000

Western Australia........................................

4,998,000

562,000

South Australia............................................

4,415,000

372,000

Tasmania.....................................................

2,158,000

110,000

Australian Capital Territory..........................

47,000

16,000

Northern Territory

1,068,000

70,000

Total............................................................

48,748,000

7,952,000

___________

SCHEDULE 2—continued

SCHEDULE 5 Sections 16, 16a, 17, 21, 28, 28a, 36, 37, 37a

SPECIAL EDUCATION

PART 1—1989

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Column 7

Column 8

State

Government Special Education (including integration activities)

Government integration activities

Non-government Special Education (including integration activities)

Non-government integration activities

Special Education Services

Children with severe disabilities

Early Special Education

$

$

$

$

$

$

$

New South Wales..................................

7,546,000

585,000

1,947,000

166,000

4,137,000

1,582,000

1,660,000

Victoria..................................

5,375,000

416,000

1,785,000

152,000

5,258,000

1,193,000

1,207,000

Queensland..................................

3,755,000

291,000

842,000

72,000

1,902,000

801,000

821,000

Western Australia..................................

2,079,000

161,000

442,000

38,000

1,083,000

446,000

473,000

South Australia..................................

1,873,000

145,000

381,000

33,000

3,105,000

380,000

394,000

Tasmania..................................

654,000

51,000

125,000

11,000

284,000

134,000

141,000

Australian Capital Territory..................................

191,000

2,000

7,000

7,000

145,000

45,000

44,000

Northern Territory..................................

267,000

21,000

36,000

3,000

144,000

55,000

63,000

Total..................................

21,740,000

1,672,000

5,565,000

482,000

16,058,000

4,636,000

4,803,000

SCHEDULE 2—continued

PART 2—1990

Column 1

Column 2

Column 3

Column 4

Column 5

Column 6

Column 7

Column 8

State

Government Special Education (including integration activities)

Government integration activities

Non-government Special Education (including integration activities)

Non-government integration activities

Special Education Services

Children with severe disabilities

Early Special Education

$

$

$

$

$

$

$

New South Wales...................................

7,991,000

619,000

2,048,000

176,000

4,621,000

1,674,000

1,753,000

Victoria...................................

5,612,000

435,000

1,872,000

160,000

5,550,000

1,244,000

1,273,000

Queensland...................................

4,010,000

311,000

896,000

76,000

2,278,000

856,000

868,000

Western Australia...................................

2,215,000

172,000

477,000

41,000

1,269,000

484,000

513,000

South Australia...................................

1,948,000

150,000

403,000

34,000

2,603,000

394,000

410,000

Tasmania...................................

690,000

53,000

130,000

11,000

366,000

138,000

144,000

Australian Capital

Territory...................................

429,000

33,000

13,000

13,000

272,000

88,000

88,000

Northern Territory...................................

277,000

22,000

40,000

3,000

162,000

56,000

64,000

Total...................................

23,172,000

1,795,000

5,879,000

514,000

17,121,000

4,934,000

5,113,000

SCHEDULE 2— continued

PART 3—1991

Column 1

Column 2

Column 3

Column 4

Column 5

State

Schools Support Government Element

Schools Support Non-Government Element

Intervention Support Joint Element

Capital Support Non-Government Element

$

$

$

$

New South Wales................................................

8,071,000

7,151,000

4,561,000

Victoria..............................................................

5,684,000

7,548,000

3,358,000

Queensland.........................................................

4,173,000

3,524,000

2,304,000

Western Australia................................................

2,289,000

1,918,000

1,325,000

South Australia...................................................

2,001,000

2,379,000

1,072,000

Tasmania............................................................

700,000

575,000

376,000

Australian Capital Territory.................................

439,000

291,000

235,000

Northern Territory...............................................

280,000

220,000

158,000

Total...................................................................

23,637,000

23,606,000

13,389,000

3,783,000

____________

SCHEDULE 2—continued

SCHEDULE 6 Section 21

NON-GOVERNMENT SCHOOLS AND CENTRES—CAPITAL PROJECTS

Column 1

Column 2

Column 3

Column 4

Year

General projects

Capital projects for children with disabilities

Projects assisting retention

$

$

$

1989........................................

59,456,000

2,776,000

1990........................................

64,578,000

3,564,000

1991........................................

66,808,000

11,116,000

SCHEDULE 7 Subsection 22 (1)

GENERAL RECURRENT EXPENDITURE OF NON-GOVERNMENT SCHOOLS

PART 1—PRIMARY EDUCATION

Column 1

Column 2

Column 3

Column 4

Column 5

Level of assistance

1989

1990

1991

1992

$

$

$

$

1....................................

347

366

378

378

2.....................................

463

488

504

504

3.....................................

539

593

621

627

4.....................................

699

738

763

763

5.....................................

774

833

872

878

6.....................................

826

914

960

970

7.....................................

884

992

1,052

1,065

8.....................................

1,036

1,112

1,156

1,160

9.....................................

1,074

1,162

1,214

1,222

10....................................

1,115

1,213

1,275

1,284

11....................................

1,155

1,267

1,336

1,348

12....................................

1,195

1,318

1,397

1,410

SCHEDULE 2—continued

PART 2—SECONDARY EDUCATION

Column 1

Column 2

Column 3

Column 4

Column 5

Level of assistance

1989

1990

1991

1992

$

$

$

$

1....................................

550

580

600

600

2.....................................

733

774

800

800

3....................................

812

880

920

924

4.....................................

1,112

1,174

1,213

1,213

5....................................

1,163

1,241

1,291

1,295

6....................................

1,251

1,363

1,426

1,433

7....................................

1,338

1,479

1,559

1,574

8....................................

1,553

1,648

1,709

1,712

9....................................

1,618

1,732

1,799

1,805

10....................................

1,683

1,812

1,889

1,897

11...................................

1,741

1,886

1,978

1,989

12....................................

1,796

1,957

2,064

2,082

SCHEDULE 8 Subsection 22 (2)

ESTABLISHMENT GRANTS

PART 1—NON-GOVERNMENT PRIMARY SCHOOLS

Column 1

Column 2

Column 3

Column 4

Column 5

Year of establishment

1989

1990

1991

1992

$

$

$

$

1986...............................

58

0

0

0

1987...............................

116

60

0

0

1988...............................

174

121

62

0

1989...............................

174

121

62

62

PART 2—NON-GOVERNMENT SECONDARY SCHOOLS

Column 1

Column 2

Column 3

Column 4

Column 5

Year of establishment

1989

1990

1991

1992

$

$

$

$

1986...............................

92

0

0

0

1987...............................

184

96

0

0

1988...............................

276

193

100

0

1989...............................

276

193

100

100

_____________

SCHEDULE 2— continued

SCHEDULE 9 Section 24

SHORT TERM EMERGENCY ASSISTANCE FOR NON-GOVERNMENT SCHOOLS

Column 1

Column 2

Column 3

1989

1990

1991

$

$

$

418,000

441,000

450,000

___________

SCHEDULE 10 Sections 25 and 26

EDUCATION IN ENGLISH AS A SECOND LANGUAGE

NON-GOVERNMENT SCHOOLS

Column 1

Column 2

Column 3

Year

ESL—general education

ESL—new arrivals

$

$

1989..............................................................

11,673,000

2,271

1990..............................................................

12,457,000

2,398

1991..............................................................

12,871,000

2,446

SCHEDULE 12 Section 33

PROGRAMS OF ETHNIC EDUCATION

Column 1

Column 2

Year

Maximum amount per student

$

1989......................................................

35.00

1990......................................................

38.50

1991......................................................

38.50

____________

SCHEDULE 2—continued

SCHEDULE 13 Section 34

PRESCRIBED COUNTRY AREAS

Column 1

Column 2

Column 3

Column 4

State

1989

1990

1991

$

$

$

New South Wales................................

3,095,000

3,267,000

3,333,000

Victoria...............................................

1,830,000

1,932,000

1,971,000

Queensland.........................................

2,974,000

3,139,000

3,202,000

Western Australia................................

2,188,000

2,309,000

2,356,000

South Australia....................................

1,288,000

1,360,000

1,387,000

Tasmania............................................

430,000

453,000

462,000

Northern Territory...............................

460,000

486,000

496,000

Total

12,265,000

12,946,000

13,207,000

_____________

SCHEDULE 14 Section 35

CHILDREN IN RESIDENTIAL INSTITUTIONS

Column 1

Column 2

Column 3

State

1989

1990

$

$

New South Wales........................................

987,000

1,045,000

Victoria.......................................................

744,000

780,000

Queensland.................................................

500,000

530,000

Western Australia........................................

278,000

298,000

South Australia...........................................

237,000

248,000

Tasmania....................................................

84,000

86,000

Australian Capital Territory.........................

7,000

56,000

Northern Territory.......................................

34,000

35,000

Total...........................................................

2,871,000

3,078,000

______________

SCHEDULE 2—continued

SCHEDULE 15 Section 38

APPROVED EDUCATION CENTRES

Column 1

Column 2

Year

Amount

$

1989............................................

2,013,000

1990............................................

2,125,000

1991............................................

2,168,000

_________

SCHEDULE 16 Section 39

PROJECTS OF NATIONAL SIGNIFICANCE

Column 1

Column 2

Year

Amount

$

1989...................................................

1,962,000

1990...................................................

2,246,000

1991...................................................

2,320,000

__________

SCHEDULE 17 Section 40b

CAPITAL PROJECTS IN RELATION TO RURAL STUDENT HOSTELS

Column 1

Column 2

1990

1991

$

$

3,524,000

2,847,000

___________

SCHEDULE 2— continued

SCHEDULE 18 Sections 39a and 39b

LITERACY AND LEARNING

PART 1—NATIONAL ELEMENT

Column 1

1991

$

1,000,000

PART 2—GENERAL ELEMENT

Column 1

Column 2

State

1991

$

New South Wales........................................................

1,548,000

Victoria.......................................................................

1,178,000

Queensland.................................................................

493,000

Western Australia........................................................

417,000

South Australia...........................................................

362,000

Tasmania....................................................................

170,000

Northern Territory.......................................................

85,000

Total...........................................................................

4,253,000

___________

SCHEDULE 19 Sections 40g

AWARD RESTRUCTURING

Column 1

1990 and 1991

$

50,000,000

NOTE

1. No. 1, 1989, as amended. For previous amendments, see Nos. 79, 159 and 169, 1989.

[Minister’s second reading speech made in

House of Representatives on 8 November 1990

Senate on 15 November 1990

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