Australian Education Regulations (Prescription of Guidelines and Documents) Determination 2024
made under section 5A, and subparagraphs 31(1)(d)(ii) and 36(7)(c)(ii) of the
Australian Education Regulations 2023
Compilation No. 3
Compilation date: 13 November 2025
Includes amendments: F2025L01367
About this compilation
This compilation
This is a compilation of the Australian Education Regulations (Prescription of Guidelines and Documents) Determination 2024 that shows the text of the law as amended and in force on 13/11/2025 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Name
3 Authority
4 Definition
5 Guidelines
6 Documents
7 Written arrangements with non-government representative bodies
Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
1 Name
This instrument is the Australian Education Regulations (Prescription of Guidelines and Documents) Determination 2024
3 Authority
This instrument is made under section 5A, and subparagraphs 31(1)(d)(ii) and 36(7)(c)(ii) of the Australian Education Regulations 2023.
4 Definition
In this instrument:
Regulations means the Australian Education Regulations 2023.
5 Guidelines
For the purposes of subsection 5A(1) of the Regulations, the guidelines mentioned in column 3 of the following table are prescribed for the purposes of the definitions in subsection 4(1) of the Regulations mentioned in column 2 of the table.
Column 1 | Column 2 | Column 3 |
Item | Definition | Guidelines |
1 | Capital Grants Program Guidelines | Capital Grants Program Guidelines 2025 |
2 | Choice and Affordability Fund Guidelines | Choice and Affordability Fund Guidelines 2020-2029 |
3 | Ministerial Council disability guidelines | Nationally Consistent Collection of Data on School Students with Disability Guidelines: Effective 2026 Onward |
4 | Non‑Government Reform Support Fund Guidelines | Non-Government Reform Support Fund Guidelines 2023 |
Note 1: In 2025, the Capital Grants Program Guidelines, Choice and Affordability Fund Guidelines and Non‑Government Reform Support Fund Guidelines could be found on the Department’s website at www.education.gov.au.
Note 2: In 2025, the Ministerial Council disability guidelines could be found on the website of the Nationally Consistent Collection of Data on School Students with Disability at www.nccd.edu.au.
6 Documents
For the purposes of subsection 5A(2) of the Regulations, the documents mentioned in column 3 of the following table are prescribed for the purposes of the definitions in subsection 4(1) of the Regulations mentioned in column 2 of the table.
Column 1 | Column 2 | Column 3 |
Item | Definition | Document |
1 | Capacity to Contribute Data Validation and Quality Assurance Process | Capacity to Contribute Data Validation and Quality Assurance Process |
2 | DMI methodology document | Direct Measure of Income (DMI) Methodology |
3 | NAPLAN Online Data Extract Dictionary | NAPLAN Online Data Extract Dictionary |
Note 1: In 2024, the Capacity to Contribute Data Validation and Quality Assurance Process and DMI methodology document could be found on the Department’s website at www.education.gov.au.
Note 2: In 2024, the NAPLAN Online Data Extract Dictionary could be found on the website of the Australian Curriculum, Assessment and Reporting Authority at www.acara.edu.au.
7 Written arrangements with non-government representative bodies
Each of the written arrangements mentioned in column 3 of the following table between the Secretary and the non-government representative body mentioned in column 2 of the table are:
(a) for the purposes of subparagraph 31(1)(d)(ii) of the Regulations—an arrangement that the body must spend financial assistance in accordance with; and
(b) for the purposes of subparagraph 36(7)(c)(ii) of the Regulations—an arrangement that the body must give reports in accordance with.
Column 1 | Column 2 | Column 3 |
Item | Body | Written Arrangement |
1 | Catholic Schools NSW Limited | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |
2 | Catholic Education Commission of Victoria Ltd | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |
3 | Queensland Catholic Education Commission | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |
4 | Catholic Education Western Australia Limited | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |
5 | South Australian Commission for Catholic Schools | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |
6 | Catholic Education Centre (Tasmania) | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |
7 | Catholic Archdiocese of Canberra and Goulburn Education Limited | Choice and Affordability Fund Agreement 2020 to 2029, revised 1 January 2025 |
8 | Catholic Church Diocese of Darwin Education Property Trust | Choice and Affordability Fund Agreement 2020 to 2029, revised 1 January 2025 |
9 | Association of Independent Schools of NSW | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |
10 | Independent Schools Victoria | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |
11 | Independent Schools Queensland | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |
12 | Association of Independent Schools of Western Australia | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |
13 | Association of Independent Schools of South Australia (AISSA) | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |
14 | Independent Schools Tasmania | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |
15 | Association of Independent Schools of the ACT | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |
16 | Association of Independent Schools of the Northern Territory | Choice and Affordability Fund Agreement 2020 to 2029, revised 15 January 2024 |
Note 1: The written arrangements in column 3 of the above table can be found on the Department’s website at www.education.gov.au.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | orig = original |
am = amended | par = paragraph(s)/subparagraph(s) |
amdt = amendment | /sub‑subparagraph(s) |
c = clause(s) | pres = present |
C[x] = Compilation No. x | prev = previous |
Ch = Chapter(s) | (prev…) = previously |
def = definition(s) | Pt = Part(s) |
Dict = Dictionary | r = regulation(s)/rule(s) |
disallowed = disallowed by Parliament | reloc = relocated |
Div = Division(s) | renum = renumbered |
exp = expires/expired or ceases/ceased to have | rep = repealed |
effect | rs = repealed and substituted |
F = Federal Register of Legislation | s = section(s)/subsection(s) |
gaz = gazette | Sch = Schedule(s) |
LA = Legislation Act 2003 | Sdiv = Subdivision(s) |
LIA = Legislative Instruments Act 2003 | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | underlining = whole or part not |
o = order(s) | commenced or to be commenced |
Ord = Ordinance |
|
Endnote 3—Legislation history
Name | Registration | Commencement | Application, saving and transitional provisions |
Australian Education Regulations (Prescription of Guidelines and Documents) Determination 2024 | 19 September 2024 (F2025L01153) | 20 September 2024 | —
|
Australian Education Regulations (Revised Written Arrangements with Non-government Representative Bodies) Amendment Determination 2025 | 22 September 2025 (F2025L01153) | 23 September 2025 | —
|
Australian Education (Prescription of Guidelines and Documents) Amendment (Prescription of Ministerial Council Disability Guidelines) Determination 2025 | 31 October 2025 (F2025L01344) | 1 November 2025 | —
|
Australian Education (Prescription of Guidelines and Documents) Amendment (Prescription of Capital Grants Program Guidelines) Determination 2025 | 12 November 2025 (F2025L01367) | 13 November 2025 | — |
Endnote 4—Amendment history
Provision affected | How affected |
s 2 s 5 | rep LA s 48D am F2025L01344; F2025L01367 |
s 7 | am F2025L01153 |