Australian Education Amendment Regulation 2016 (No. 1)

Administered by Department of Education

Legislation au F2016L00713 Regulations Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

 

Australian Education Act 2013

 

Australian Education Amendment Regulation 2016 (No. 1)

 

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, capital grants authorities and non-government representative bodies
  • matters relevant to the ongoing requirements of approval for approved authorities, block grant authorities, capital grants 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 Regulation 2016 (No. 1) (Amendment Regulation) is to provide for capital funding indexation for 2016 for block grant authorities. The Amendment Regulation changes the Principal Regulation to provide an indexation percentage for capital funding for block grant authorities for 2016, increasing capital funding from 2015 by $2.4 million to over $140 million.

Regulation Impact Statement

For the 2016 capital indexation percentage, OBPR agreed a RIS is not required for the amendments to the Principal Regulation (OBPR ID 20347).

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. The proposal increases the amount of funding provided to states and territories for schools.

For the purposes of subsection 68(4) of the Act, the Minister has had regard to 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 Regulation 2016 (No. 1)

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 Regulation 2016 (No. 1) (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 2016, increasing capital funding from 2015 by $2.4 million to over $140 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 2016. 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 Regulation 2016 (No. 1)

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 repeals and replaces section 24A of the Principal Regulation, and provides the indexation percentage for 2016 for the purposes of paragraph 68(3)(b) of the Act. In order to provide the base assistance amount for a year, the indexation percentage is multiplied by the total amount available for capital funding for block grant authorities (base assistance amount) for the previous year. For 2016, the base assistance amount will therefore be the 2015 base assistance amount multiplied by 101.76%.

Overview

The Australian Education Act 2013 was enacted to provide the legal framework for the Australian Government's financial assistance to schools. This legislation addresses the need for a structured approach to distributing Commonwealth funds to states and territories, ensuring they are used effectively for both government and non-government schools. The Act was introduced by the Parliament of Australia and its policy objective is to enhance the educational infrastructure and resources available through financial support while maintaining stringent conditions on the approval and use of these funds by authorised entities. The Australian Education Amendment Regulation 2016 (No. 1) further refines the implementation of the Act by providing specific indexation percentages for capital funding to block grant authorities, ensuring that financial support is adjusted according to economic conditions and inflation rates, thereby maintaining the real value of funding over time. The Australian Education Amendment Regulation 2016 (No. 1) was made under the authority of the Australian Education Act 2013 and aims to provide for capital funding indexation for 2016. This amendment increases the capital funding for block grant authorities by $2.4 million, bringing the total to over $140 million. The regulation is designed to ensure that the financial assistance provided under the Act remains effective and relevant, supporting the ongoing development and maintenance of educational infrastructure. The regulation also ensures compatibility with human rights, particularly the right to education, by enhancing the availability of resources for non-government schools, thereby promoting equitable access to education.

Scope and Application

The Australian Education Act 2013 and its associated Australian Education Amendment Regulation 2016 (No. 1) pertain to the provision of Commonwealth financial assistance for schools across Australia. The Act applies to states and territories as approved authorities, block grant authorities, capital grants authorities and non-government representative bodies that receive funding for government and non-government schools. These entities must meet and maintain specific conditions of approval. The Act and its regulations are applicable nationally, as they cover all states and territories in their capacity to administer school funding. Notably, the Amendment Regulation specifically alters the indexation percentage for capital funding for block grant authorities for the year 2016, resulting in an increase of $2.4 million over the previous year’s allocation. The Amendment Regulation allows for the extension and restriction of its application through subordinate instruments, ensuring flexibility in the administration of school funding. There are no significant exclusions or thresholds specified in the text, but the conditions of approval and ongoing policy requirements for entities receiving funding are detailed within the Act and the Principal Regulation.

Key Provisions

The Australian Education Amendment Regulation 2016 (No. 1) modifies the Australian Education Regulation 2013 to incorporate an indexation percentage for capital funding for block grant authorities in 2016. This amendment increases capital funding by $2.4 million from the previous year, bringing the total capital funding for block grant authorities to over $140 million (Section 4, Schedule 1, Item 1). This adjustment ensures that the financial assistance provided to states and territories for distribution to schools is appropriately indexed, reflecting the changing economic conditions and the need for adequate funding in the educational sector. Entities that receive Commonwealth financial assistance under the Act, including states and territories as approved authorities for government schools, must meet and maintain specific conditions of approval as outlined in the Act (Section 2). These entities are required to comply with ongoing policy and administrative requirements to ensure the effective and efficient administration of financial assistance. Non-compliance with these conditions could result in the suspension or termination of financial assistance, impacting their ability to fund educational initiatives. The Amendment Regulation does not introduce new offences or penalties but operates within the existing legal framework established by the Australian Education Act 2013 and the Australian Education Regulation 2013. Any failure to comply with the Act or the Principal Regulation could lead to actions taken by the Minister, as stipulated in the regulations. Such actions might include the imposition of financial penalties, corrective measures, or other administrative actions to ensure compliance with the legislative requirements. The exact nature and extent of these consequences would depend on the specific circumstances of non-compliance and the discretion of the Minister. In summary, the Amendment Regulation is designed to ensure that capital funding for block grant authorities is adequately indexed, thereby supporting educational institutions in their capital projects. By adhering to the conditions of approval and complying with the regulatory requirements, entities can maintain their eligibility for Commonwealth financial assistance. Non-compliance could result in the enforcement of corrective measures, ensuring the integrity and effectiveness of the financial assistance program.

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Education Law
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Regulation
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Definitions & Interpretation
Commencement Provisions
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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.