Australian Education Amendment (2019 Measures No. 4) Regulations 2019

Administered by Department of Education

Legislation au F2019L01421 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Australian Education Act 2013

 

Australian Education Amendment (2019 Measures No. 4) Regulations 2019

 

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.  

Under the Act, the Commonwealth provides financial assistance to States and Territories for distribution to approved authorities for government and non-government schools. 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 Australian Education Regulation 2013 (the Principal Regulation) contains a number of provisions on matters concerning conditions and calculations of grants of Commonwealth financial assistance to States and Territories for schools, matters relevant to the effective and efficient administration of that assistance, and matters relevant to the provision of prescribed circumstances funding under the Act.

The Act and Principal Regulation commenced on 1 January 2014.

Purpose and operation of amendments

The purpose of the Australian Education Amendment (2019 Measures No. 4) Regulations 2019 (the Amendment Regulations) is to prescribe 45 per cent as the percentage in the formula used to calculate the base amount of funding for distance education students at certain schools.

The additional financial support will enhance the approved authorities in meeting the requirements under the Act such as teaching the Australian Curriculum, increasing participation in relevant data collections (such as National Assessment – Literacy and Numeracy) and supporting students in their learning, including contact time.

 

Regulation Impact Statement (RIS)

The Office of Best Practice Regulation has agreed a Regulation Impact Statement is not required in relation to the increase to the SRS for NGDE students (OBPR reference 24571).

Commencement

The Amendment Regulations commence on the day after it is registered on the Federal Register of Legislation.

Consultation

The Australian Government has consulted all State and Territory Education Ministers and the non-government sector through the Independent Schools Council of Australia and the National Catholic Education Commission on the proposed Regulation. Some jurisdictions indicated a preference for an alternative funding mechanism. All feedback received during the consultation period was considered and informed the iterative development of the proposed Regulations.

 

 

 

 

 

 

 

 


 

Statement of Compatibility with Human Rights

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

Australian Education Amendment (2019 Measures No. 4) Regulations 2019

The Australian Education Amendment (2019 Measures No. 4) Regulations 2019 (Amendment  Regulations) 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

The purpose of the Australian Education Amendment (2019 Measures No. 4) Regulations 2019 (the Amendment Regulations) is to prescribe 45 per cent as the percentage in the formula used to calculate the base amount of funding for distance education students at certain schools.

The additional financial support will enhance the approved authorities in meeting the requirements under the Act such as teaching the Australian Curriculum, increasing participation in relevant data collections (such as National Assessment – Literacy and Numeracy) and supporting students in their learning, including contact time.

Human rights implications

The Amendment Regulations engage the right to education under 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 Regulations engage 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’s education, provided those schools conform to minimum educational standards. The right to education for children is also found in Articles 28 and 29 of the UNCRC.

The Amendment Regulations promote the right to education by allowing families to choose the most appropriate form of education for their children.

Conclusion

The Amendment Regulations are compatible with human rights because they promote the right to education under the ICESCR and the UNCRC.

 

Dan Tehan

Minister for Education

Detailed explanation of the Amendment Regulations provisions

Section 1 – Name of Amendment Regulations

This section provides that the title of the Amendment Regulations is the Australian Education Amendment (2019 Measures No. 4) Regulations 2019.

Section 2 – Commencement

This section provides that the Amendment Regulations commence on the day after it is registered on the Federal Register of Legislation.

Section 3 – Authority

This section provides that the Amendment Regulations are made under the Australian Education Act 2013.

Section 4 – Schedules

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 the Principal Regulation by inserting a new section 16AA, which prescribes 45% for the purpose of determining a percentage of the SRS funding amount for a student for the purpose of paragraph 33(3)(b)(ii) of the Act.

A school’s base amount is used in the formula in section 32 of the Act to work out the amount of financial assistance that is payable to a State or Territory for a year for a school under Division 2 of Part 3 of the Principal Regulation.

Section 33(3) of the Act sets out the formula to work out the base amount for a school (that is not covered by subsection 54(1) of the Act) at which there are distance education students. In the absence of the Principal Regulation prescribing another percentage, paragraph 33(4)(a) of the Act prescribes 35 per cent as the percentage of the SRS funding amount for a student under subparagraph 33(3)(b)(ii) for the purpose of calculating the base amount for a school under subsection 33(3). The proposed new section 16AA prescribes a higher 45 per cent as the percentage of the SRS funding amounts for a student for that purpose.

Overview

The Australian Education Amendment (2019 Measures No. 4) Regulations 2019 were introduced to amend the Australian Education Regulation 2013, which governs the provision of Commonwealth financial assistance for schools under the Australian Education Act 2013. Enacted by the Parliament of Australia, these regulations aim to address the need for increased funding for distance education students, ensuring that approved authorities can meet educational standards and enhance student support, including participation in national data collections. The regulations were developed following consultations with State and Territory Education Ministers and the non-government sector, aiming to improve the educational outcomes for distance education students. The Amendment Regulations are compatible with human rights, particularly the right to education under the International Covenant on Economic, Social and Cultural Rights and the Convention on the Rights of the Child. By increasing the funding percentage for distance education students, the regulations support families in choosing appropriate educational pathways for their children, thereby promoting equitable access to quality education. These regulations came into effect the day after their registration on the Federal Register of Legislation, ensuring timely implementation to benefit eligible students and educational authorities.

Scope and Application

The Australian Education Amendment (2019 Measures No. 4) Regulations 2019 applies to entities approved to receive Commonwealth financial assistance under the Australian Education Act 2013, which includes states and territories in their capacity as approved authorities for government schools. These regulations are designed to enhance the financial assistance provided to distance education students at certain schools, aiming to improve their educational outcomes by increasing their base amount of funding from 35% to 45%. This amendment is made under the authority of subsection 130(1) of the Act, and the regulations are effective from the day after they are registered on the Federal Register of Legislation. They do not apply to non-government schools unless specified otherwise in the Act. The amendment does not impose any additional exclusions or thresholds beyond what is already outlined in the principal Act and regulation. Through these subordinate instruments, the application of the Act is extended to ensure that additional funding is appropriately allocated to support distance education students.

Key Provisions

The Australian Education Amendment (2019 Measures No. 4) Regulations 2019 primarily focus on adjusting the funding formula for distance education students in certain schools, as stipulated in Section 4 of the Schedule 1. Specifically, these Regulations amend the Australian Education Regulation 2013 by introducing a new section 16AA, which sets the percentage at 45% for calculating the base amount of funding for distance education students. This change is intended to enhance the financial support available to approved authorities, such as States and Territories, in meeting various requirements under the Australian Education Act 2013. These requirements include teaching the Australian Curriculum, increasing participation in national data collections like the National Assessment – Literacy and Numeracy, and providing adequate support to students in their learning, including contact time (Section 4, Schedule 1, Item 1). Under the Act, entities approved to receive Commonwealth financial assistance must meet and maintain the conditions of approval outlined in the legislation. The Amendment Regulations mandate that these entities adhere to the new funding formula, ensuring that the 45% percentage is applied in the calculation of the base amount of funding for distance education students. This requirement is critical for maintaining compliance with the Act and ensuring that the additional financial support is effectively distributed to support educational needs (Section 130(1) of the Australian Education Act 2013). The Amendment Regulations also impose specific obligations on the parties involved, particularly the approved authorities. These obligations include accurately calculating the base amount of funding for distance education students using the prescribed 45% percentage and ensuring that the additional funding is used in line with the Act’s requirements, such as enhancing curriculum delivery and student support services. Failure to comply with these obligations may result in the approved authorities being ineligible for further Commonwealth financial assistance, potentially impacting their ability to provide educational services (Section 33(3) of the Act). In terms of consequences for non-compliance, while the Regulations themselves do not specify penalties, any breach of the conditions of approval under the Australian Education Act 2013 could lead to severe repercussions. These may include the withholding of Commonwealth financial assistance, legal action, or other administrative penalties as deemed necessary by the relevant authorities. The severity of the penalties would depend on the nature and extent of the breach, but it is clear that non-compliance with the Act’s conditions is taken seriously to ensure the integrity of the funding process.

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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.