Australian Education Amendment (2017 Measures No. 1) Regulations 2017

Administered by Department of Education

Legislation au F2017L01231 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Australian Education Act 2013

 

Australian Education Amendment (2017 Measures No.1) Regulations 2017

 

Authority

Subsection 130(1) of the Australian Education Act 2013 (the Act) empowers the Governor-General to make regulations prescribing matters required or permitted by the Act to be prescribed by the regulations, or necessary or convenient to be prescribed for carrying out or giving effect to the Act. Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Legislative background

The Act is the principal legislation by which the Australian Government provides Commonwealth financial assistance for schools.

The Australian Education Regulation 2013 (the Principal Regulation) contains a number of provisions to ensure the correct calculation and indexation of Commonwealth financial assistance for schools, and for the effective and efficient administration of that financial assistance.

The Act and Principal Regulation commenced on 1 January 2014.

Purpose and operation

Financial assistance under the Act is provided to states and territories for distribution to approved authorities for government and non-government schools, block grant authorities, capital grants authorities and non-government representative bodies. Entities approved to receive Commonwealth financial assistance under the Act, including states and territories in their capacity as approved authorities for government schools, must meet and maintain the conditions of approval outlined in the Act.

The Principal Regulation prescribes a range of matters concerning:

  • the interpretation of provisions in the Act
  • conditions of grants of Commonwealth financial assistance to states and territories under the Act
  • matters relevant to Commonwealth financial assistance for participating schools, including matters relevant to the calculation of that financial assistance
  • matters relevant to the provision of prescribed circumstances funding under the Act
  • matters relevant to the basic requirements of approval for approved authorities, block grant authorities, and non-government representative bodies
  • matters relevant to the ongoing requirements of approval for approved authorities, block grant authorities, and non-government representative bodies
  • matters relevant to the ongoing policy requirements of approval for approved authorities
  • matters relevant to actions the Minister may take for failure to comply with the Act or the Principal Regulation
  • other matters relevant to carrying out or giving effect to the Act.

Purpose and operation of amendments

 

The purpose of the Australian Education Amendment (2017 Measures No.1) Regulations 2017 (Amendment Regulation) is to provide for capital funding indexation for 2017 for block grant authorities. The Amendment Regulation changes the Principal Regulation to provide an indexation percentage for capital funding for block grant authorities for 2017, increasing capital funding from 2016 by almost $2.7 million to over $142 million.

Regulation Impact Statement (RIS)

For the 2017 capital indexation percentage, OBPR agreed a RIS is not required for the amendments to the Principal Regulation (OBPR ID 21846).

Commencement

The Amendment Regulation commences on the day after it is registered on the Federal Register of Legislation.

Consultation

Pursuant to subsection 130(5) of the Act, the Minister has consulted with the Ministerial Council.

The Amendment Regulation will have no significant impact on states and territories as it will make available additional capital funding for non-government schools in each state and territory.

For the purposes of subsection 68(4) of the Act, the Minister has considered changes in the index specified in section 24B of the Principal Regulation.

 

 


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

Australian Education Amendment (2017 Measures No.1) Regulations 2017

This Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview of the Legislative Instrument

The Australian Education Amendment (2017 Measures No.1) Regulations 2017 (the Amendment Regulation) amends the Australian Education Regulation 2013 (the Principal Regulation) to provide an indexation percentage for capital funding for block grant authorities for 2017, increasing capital funding from 2016 by almost $2.7 million to over $142 million.

 

Human rights implications

The Amendment Regulation engages the following human rights:

  • the right to education – Article 13 of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and Articles 28 and 29 of the Convention on the Rights of the Child (UNCRC).

Right to Education

The Amendment Regulation engages the right to education in Article 13 of the ICESCR. Article 13 recognises the right of everyone to education, which is directed towards the full development of the human personality and the sense of its dignity and to enable all persons to participate effectively in society. It also recognises the liberty of parents and guardians to choose non-government schools for their children, provided those schools conform to the minimum educational standards set out by the Australian Government. The right to education for children is also found in Articles 28 and 29 of the UNCRC.

The Amendment Regulation provides for an indexation percentage to be applied in respect of capital funding for block grant authorities for 2017. This will result in increased capital funding being available for block grant authorities to use in providing support for capital projects for non-government schools. This measure is compatible with the right to education and promotes the right to education.

Conclusion

The Amendment Regulation is compatible with human rights because it advances the protection of human rights.

 

Simon Birmingham

Minister for Education and Training

Detailed explanation of the Amendment Regulation provisions

Section 1 – Name of Amendment Regulation

This section provides that the title of the Amendment Regulation is the Australian Education Amendment (2017 Measures No.1) Regulations 2017.

Section 2 – Commencement

This section provides for the commencement of the provisions of the Amendment Regulation. The provisions of the Amendment Regulation commence on the day after the Amendment Regulation is registered on the Federal Register of Legislation.

Section 3 – Authority

This section provides that the Amendment Regulation is made under the Australian Education Act 2013.

Section 4 – Schedule(s)
 

This section provides that each instrument that is specified in a Schedule to the instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the instrument has effect according to its terms.

Schedule 1 – Amendments

 

Item 1 amends section 24A of the Principal Regulation, providing that the indexation percentage for 2017 for the purposes of paragraph 68(3)(b) of the Act is 101.92%.

 

In order to calculate the total amount of capital funding available for block grant authorities for non-government schools for a year (the base assistance amount), the indexation percentage is multiplied by the base assistance amount for the previous year. For 2017, the base assistance amount will therefore be the 2016 base assistance amount multiplied by 101.92%.

Overview

The Australian Education Amendment (2017 Measures No.1) Regulations 2017 were introduced to amend the Australian Education Regulation 2013 and provide for the indexation of capital funding for block grant authorities for 2017. Enacted by the Governor-General under the authority granted by the Australian Education Act 2013, the objective of these amendments is to ensure that additional capital funding of almost $2.7 million, bringing the total to over $142 million, is made available for non-government schools. This amendment responds to the need for continuous adjustment in financial assistance to accommodate changes in economic conditions and educational needs. The regulation was developed after consultation with relevant stakeholders, including the Ministerial Council, and is compatible with human rights, particularly the right to education as outlined in the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child. The Australian Education Amendment (2017 Measures No.1) Regulations 2017 commence on the day after they are registered on the Federal Register of Legislation. These regulations were crafted to address the specific issue of capital funding indexation for block grant authorities for the year 2017, ensuring that non-government schools have adequate financial resources to support capital projects. This legislative change is a continuation of the framework established by the Australian Education Act 2013 and the Australian Education Regulation 2013, which together facilitate the distribution of Commonwealth financial assistance to schools across Australia.

Scope and Application

The Australian Education Act 2013 applies to the provision of Commonwealth financial assistance for schools and is enacted under the authority of the Commonwealth of Australia. It applies to states and territories as approved authorities for government schools, and also to block grant authorities, capital grants authorities, and non-government representative bodies that are approved to receive financial assistance under the Act. The Act provides the framework for the calculation, indexation, and distribution of financial assistance to schools, as well as the conditions of approval for entities receiving such assistance. The Australian Education Amendment (2017 Measures No.1) Regulations 2017 amends the Australian Education Regulation 2013 to update the indexation percentage for capital funding for block grant authorities for the year 2017, increasing the funding from 2016 by almost $2.7 million to over $142 million. The Regulations commence on the day after they are registered on the Federal Register of Legislation. The Amendment Regulation is compatible with human rights as it advances the protection of the right to education. The Amendment Regulation specifies a new indexation percentage for capital funding for block grant authorities for 2017, which is applied to increase the base assistance amount for the previous year by multiplying it by the new percentage. This change is intended to ensure that block grant authorities have adequate capital funding to support non-government schools' capital projects. The Amendment Regulation is made under the authority of the Australian Education Act 2013, and it amends the Australian Education Regulation 2013 by setting out the changes in the indexation percentage in the Schedule to the Amendment Regulation. The provisions of the Amendment Regulation commence on the day after it is registered on the Federal Register of Legislation.

Key Provisions

The Australian Education Amendment (2017 Measures No.1) Regulations 2017, made under the authority of the Australian Education Act 2013, serve to adjust the capital funding indexation for block grant authorities for the year 2017 (Section 1). These regulations came into effect the day after they were registered on the Federal Register of Legislation (Section 2). They amend the Australian Education Regulation 2013 by introducing a new indexation percentage for capital funding for block grant authorities in 2017, which is set at 101.92% (Section 3, Schedule 1, Item 1). This adjustment leads to an increase in capital funding from the previous year by almost $2.7 million, bringing the total capital funding for block grant authorities to over $142 million. The Amendment Regulation imposes specific obligations on the entities that receive Commonwealth financial assistance under the Australian Education Act 2013. These entities, which include states and territories acting as approved authorities for government schools, must ensure they meet and maintain the conditions of approval set out in the Act. The conditions include compliance with the indexation percentages for capital funding as prescribed by the Amendment Regulation. Failure to comply with these conditions can lead to repercussions under the Act or the Principal Regulation. Breach of the provisions set out in the Amendment Regulation can result in various consequences. While the Amendment Regulation itself does not explicitly outline specific penalties, the overarching Australian Education Act 2013 does provide for a range of administrative and legal actions that can be taken for non-compliance with the Act or the Principal Regulation. These can include corrective measures, financial penalties, and potential legal action. The exact nature and severity of the penalties depend on the specific circumstances of the breach and the discretion of the Minister under the Act. In terms of human rights compatibility, the Amendment Regulation is designed to be in line with international human rights standards. It engages with the right to education as articulated in Article 13 of the International Covenant on Economic, Social and Cultural Rights and Articles 28 and 29 of the Convention on the Rights of the Child. By increasing the capital funding available for non-government schools, the Amendment Regulation supports the provision of educational opportunities and helps ensure that all children have access to quality education. This aligns with the broader aim of promoting the right to education, thereby advancing the protection of human rights.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.